Glenaviland Development Corporation. Permit for activities with conditions to achieve overall benefit to the species - ESA s.17(2)(c)

Decision

This notice was originally published on May 18, 2012. It was updated on December 9, 2019 to advise the public that the permit application has been withdrawn by the Applicant, as they opted to submit a development plan and comply with the exemption under section 23.2 of the Ontario Regulation 242/08.

Proposal

The proposal to develop a golf course and residential subdivision has the potential to adversely affect Bobolink and its habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Bobolink.

Bobolink is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as Threatened.

Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.

Habitat protection under the ESA applies to Bobolink (subsection 10(1)).

The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.

Glenaviland Development Corporation plans to develop a 9-hole golf course and 189 low density residential lots on lots 17 and 18, Concession 10, Township of Mapleton, County of Wellington. Grading would begin in April 2012. In 2011, Bobolink were observed in a meadow within the proposed subdivision during the breeding season. Glenaviland Development Corporation has been in discussion with MNRF staff about reasonable alternatives and has developed a proposal to replace the affected habitat and provide an overall benefit to the species. Glenaviland Development Corporation is seeking an overall benefit permit under clause 17(2)(c) of the ESA to remove 10.9 hectares of Bobolink breeding habitat for the purpose of developing the site.

Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include:
- Conducting the activity in an alternative location;
- Using alternate methods, equipment, designs, etc. for carrying out the proposed activity;
- Adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species); and,
- Any other alternatives that address adverse effects (short or long term) on the species and habitat present on and/or surrounding the proposed activity location.

Potential approaches to minimize adverse effects on individual members of Bobolink may include:
- Modifying the plan of subdivision and golf course to retain some of the Bobolink habitat;
- Restoring areas temporarily disturbed by construction activities to their original state;
- Conducting construction activities outside of sensitive timing periods (i.e. nesting) to minimize disturbance to Bobolink.

Potential approaches to achieve an overall benefit for Bobolink may include: 
-  Long term securement, improvement and management of a contiguous block of land which provides, or can be modified to provide, high quality habitat for Bobolink to replace, at a ratio of no less than 1:1, the 3 small patches of Bobolink habitat that will be destroyed . 
- Performing post-construction species monitoring for at least five years on the secured lands to inform knowledge gaps by providing measurements of nesting successes in lands managed intentionally to benefit Bobolink 
- Conducting research which will be tied to a specified benefit for Bobolink through answering question(s) derived from species experts.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.