North Pickering Community Management Inc. - Permit for activities to achieve an overall benefit to a species

Description of instrument

North Pickering Community Management Inc. has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to harm four (4) and kill two (2) Category 3 Butternut trees, harm twelve (12) and kill (including take) ten (10) Category 2 Butternut trees, as well as damage and destroy up to approximately one hectare of Butternut habitat for the purpose of developing infrastructure in the vicinity of Whitevale Road in the Seaton Lands of Central Pickering, Regional Municipality of Durham, Ontario.

Other information

The proposal to develop the land has the potential to adversely affect Butternut trees and damage the habitat of Butternut. The proposed permit conditions would provide benefits that exceed the adverse effects on Butternut and its habitat.

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

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) the ESA applies to Butternut.

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 sections 9 or 10 of the ESA if the Minister is of the opinion that:

1. an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;


2. reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,


3. 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 Butternut, and may include:

• Not proceeding with the proposed development project
• Altering project design so that development occurs at an alternate location out of the influence of retainable Butternuts

North Pickering Community Management Inc. is working with MNRF staff to explore ways to minimize adverse effects on Butternut, including:

• Implementing Butternut protection measures such as fencing to avoid impacts to off-site Butternut that are outside of the proposed project footprint
• Transplanting Butternut that can be feasibly transplanted
• Retaining a qualified professional to carry out conditions of the permit

North Pickering Community Management Inc. is working with MNRF staff to identify proposed actions to achieve an overall benefit for Butternut, including:

• Archiving Butternut trees that demonstrate potential resistance to the Butternut canker disease
• Undertaking a Butternut landowner outreach program to locate archiveable Butternut trees in central and western Ontario
• Supporting archiving recovery efforts by undertaking activities such as Butternut orchard expansion that will increase provincial capacity to archive Butternut

Archives are defined as protected and managed plantations intended to conserve genetic material from selected trees of particular species for the purposes of conservation, research or seed production.

Of all the available practices to assist in the recovery of Butternut, archiving is considered the most important and best available tool because the recovery of the species depends to a great extent on the development of canker-resistant Butternut.

A Government Response Statement (GRS) published under subsection 11(8) of the ESA exists for Butternut, and will be considered before issuing the permit.

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