Regional Municipality of York - Permit for activities to achieve an overall benefit to a species

The Regional Municipality of York has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007, with respect to the Redside Dace, in order to widen Leslie Street in the Town of Richmond Hill, Regional Municipality of York.

The proposed works has the potential to adversely affect Redside Dace, a small fish, and its habitat.

Section 9 of the Endangered Species Act, 2007 provides for the protection of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species. If a species is listed as an endangered or threatened species, its habitat also receives protection under section 10 of the Endangered Species Act, 2007. 

Redside Dace is listed on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the Endangered Species Act, 2007, as an endangered species.

Habitat protection under section 10 of the Endangered Species Act, 2007 applies to Redside Dace, and the specific habitat of Redside Dace has been prescribed by Ontario Regulation 242/08.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Endangered Species Act, 2007, if the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but: 

1. an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
2. reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted
3. reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit

Providing an overall benefit to a protected species under the Endangered Species Act, 2007 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 Redside Dace, and may include: 

• not proceeding with the project
• using alternate methods, equipment, designs, etc., for carrying out the proposed activity
• altering the design and construction of the culvert structures to minimize impacts to the habitat of Redside Dace

The best alternative for carrying out the project being proposed involves altering the design and construction of the culvert structures to minimize impact to the habitat of Redside Dace.

Potential approaches to minimize adverse effects on Redside Dace may include: 

• undertaking works at a time of year when Redside Dace are less sensitive to disturbance
• installing sediment and erosion control measures to prevent deleterious effects to water quality and natural areas that could result from construction activities
• ensuring the site is sufficiently restored, stabilized and enhanced as soon as construction activities are completed
• ensuring the existing flows in the watercourse are maintained during all stages of the activities
• isolating the work areas from the stream channel
• ensuring a qualified professional oversees the implementation of the permit conditions (if issued)

The Regional Municipality of York is working to identify proposed actions (during design, construction, etc.) for carrying out the proposed project and also that may be undertaken as additional steps that would achieve an overall benefit to Redside Dace, which may involve: 

• installing two (2) oil grit separators to support improved water quality of road runoff where no controls currently exist
• installing exfiltration trenches to reduce run-off and prevent direct stormwater discharge to the tributaries, support groundwater recharge, provide thermal cooling, and improve overall water quality
• installing innovative underground stormwater management systems on site to retain storm run-off from rain events
• replacing existing culverts with larger culverts that allow for the creation of Redside Dace habitat under the culverts where none currently exists
• enhancing Redside Dace habitat within currently degraded areas within the road right of way

Effectiveness monitoring is proposed to assess the performance of the stormwater management controls and habitat creation and enhancement works.

The proposed overall benefit activities are intended to improve water quality, create new habitat within the tributaries and in riparian areas adjacent to the tributaries, improve fish passage at the culverts, increase stream bank vegetation cover and enhance overall aquatic habitat for Redside Dace.

A government response statement has been published under subsection 11 (8) of the Endangered Species Act, 2007 for Redside Dace and will be considered before a decision is made on whether to issue an overall benefit permit. 

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be issued; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act, 2007 have been satisfied.