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

The Region of Peel has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 with respect to Redside Dace in order to widen Mississauga Road, including the installation of a span bridge from north of Bovaird Drive to Mayfield Road in Brampton, Ontario.

The proposed works has the potential to adversely affect Redside Dace and their habitat.

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

Subsection 9(1) of the Endangered Species Act provides for the protection of endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10(1) of the Endangered Species Act applies to Redside Dace. 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 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Endangered Species Act 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
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 Endangered Species Act 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 proposed road widening and culvert replacement
• extending the existing culvert
• constructing a 42 metre span bridge at a crossing
• constructing an open bottom concrete culvert to remove an existing culvert

The best alternative being proposed includes widening the road and building a new 42 metre span bridge. Widening the road includes a span bridge to replace an existing culvert. This will avoid larger impacts to habitat while fulfilling the main purpose of the activity.

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

• maintaining riparian vegetation, where possible to stabilize soils and filter contaminants
• replanting cleared areas with native trees and shrubs and repairing or replacing potentially damaged trees and shrubs
• performing construction monitoring to ensure mitigation measures are effective
• adhering to timing windows for the species to undertake activities at a time of year when Redside Dace are less sensitive to disturbance, unless otherwise authorized by the ministry
• staging construction to minimized duration of in-water work
• installing erosion and sediment control measures
• replacing vegetative cover as soon as possible following construction
• using best practices during construction to reduce the potential for spills or other materials entering the water
• maintaining a continuous flow of Huttonville Creek and regularly monitoring maintained flows during construction
• removing an existing crossing structure, which will be replaced by a span bridge and a new segment of naturalized channel
• ensuring a qualified professional geomorphologist oversees the construction of the channel realignments / alterations and
• developing a comprehensive stormwater management plan to provide storage and treatments for stormwater runoff, where none existed before, and performing effectiveness monitoring for water quality

The Region of Peel is working to identify proposed actions to achieve an overall benefit for Redside Dace which may involve:

• performing high priority scientific research related to the feasibility reintroduction of Redside Dace to subwatersheds of the Credit River in order to fill knowledge gaps related to reintroduction biology and contribute to improving the declining populations
• restoring instream woody cover in pools and channel enhancements to reduce sedimentation
• restoring 836 square meters of stream habitat by removing an existing concrete culvert and incorporating a series of riffles and pools to improve habitat diversity for Redside Dace

The research will occur where extensive habitat remediation such as stormwater pond mitigation, bank stabilization, riparian plantings, stream channel restoration and barrier removal has occurred in two tributaries of the Credit River. These streams are in a healthy rehabilitated state and serve as good candidates for this reintroduction study. Following experimental re-introductions, the hypothesis will be evaluated to generate tangible outcomes for the restoration of the species as well as provide important information for science, planners, policy groups and the general public.

A Government Response Statement published under subsection 11(8) of the Endangered Species Act exists for Redside Dace and will be considered before a decision is made whether or not to issue a permit.

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 Endangered Species Act have been satisfied.