The Township of McNab/Braeside. 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 19, 2016. It was updated on December 13, 2019 to advise the public that the application has been withdrawn by the applicant.

Proposal

The proposed work has the potential to adversely affect the Blanding’s Turtle and its habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on the species and its habitat.

Blanding’s Turtle is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 238/08 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 subsection 10(1) of the ESA applies to Blanding’s Turtle.

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.

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.

Reasonable alternatives are being considered, including alternatives that would not adversely affect Blanding’s Turtle, and may include:

• not proceeding with the proposed project;
• 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 location of the proposed activity.

Potential approaches to minimize adverse effects on individual members of the species may include:

• undertaking works at a time of year when Blanding’s Turtle are less sensitive to disturbance
• maintaining flows and water levels
• installing sediment and erosion control measures to prevent deleterious effects to water quality and natural areas that could result from construction activities and vegetation clearing
• installing temporary fencing to prevent turtles from entering the construction area

Potential approaches to achieve an overall benefit for Blanding’s Turtle may include:

• creating Blanding’s Turtle nesting habitat
• monitoring and reporting on the use of created habitat

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.