There is no requirement to post this notice on the Environmental Registry of Ontario, but we want to hear your thoughts. Submit a comment and tell us what you think. Learn about the consultation process and types of notices on the registry.
Update Announcement
A decision for this proposal has been published as a Bulletin under ERO 019-5008 on February 10, 2022.
This consultation was open from:
May 22, 2020
to June 21, 2020
Proposal summary
The Ministry of the Environment, Conservation and Parks is seeking public input on a proposed permit for a residential development that will impact Butternut, which are Species at Risk trees. The permit proposal includes avoidance options, actions to benefit the species, minimize adverse effects, and monitoring and reporting requirements.
Location details
Site address
Ottawa.,
ON
Canada
Site location details
Lot 13, Concession 2, Nepean Geographic Township.
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Tartan JTJ Homes Inc.
237 Somerset Street West
Ottawa,
ON
K2P 0J3
Canada
Why consultation isn't required
On April 1, 2020, the Ontario Government made a temporary regulation to respond to the COVID-19 outbreak. Ontario Regulation 115/20 exempts all proposals for policies, acts, regulations and instruments from posting requirements under the EBR until 30 days after the declared emergency is terminated.
Proposal details
Tartan JTJ Homes Inc. is seeking an overall benefit permit for the development of 82 stacked townhome units on Greenbank Road, City of Ottawa.
The permit will authorize the applicant to:
- kill four Category 3 Butternut trees
- kill one Category 2 Butternut tree
- harm one Category 2 Butternut tree
- damage and destroy up to 0.91 hectares of Butternut habitat
Butternut is listed on the Species at Risk in Ontario list, under O.Reg. 230/08 of the Endangered Species Act, as Endangered.
The main threat to the survival of Butternut trees is Butternut Canker, and this disease has affected most Butternut trees across the province.
Sections 9 and 10 of the Endangered Species Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as extirpated, endangered or threatened.
Under clause 17(2)(c) of the Endangered Species Act, the minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if:
- an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
- reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
- 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 improving circumstances for the species in Ontario. Overall benefit is:
- more than "no net loss" or an exchange of "like for like"
- grounded in the protection and recovery of the species at risk
- more than mitigation measures or "replacing" what is lost
Actions to achieve an overall benefit to the species
Tartan JTJ Homes Inc. is seeking ways to provide an overall benefit to Butternut trees. These may involve:
- archiving two Butternut trees that demonstrate potential resistance to the Butternut Canker disease
- collecting 2000 seeds from Category 3 trees to be donated and propagated for planting
- planting, monitoring and tending to 22 Butternut seedlings and 22 native companion seedlings to emulate natural Butternut habitat conditions
These actions are expected to achieve an overall benefit to the species by:
- increasing the overall number of Butternut planted on the landscape, while emulating natural Butternut habitat conditions
- preserving the genetic information of the species, which can be used to support future Butternut populations
Reasonable alternatives being considered
Tartan JTJ Homes Inc. has explored alternatives, including alternatives that would not adversely affect Butternut trees and their habitat. These include:
- not proceeding with the proposed development
- altering the development footprint and layout to avoid impacts to Butternut trees and their habitat
Actions to minimize negative effects to the species
Tartan JTJ Homes Inc. is seeking ways to minimize adverse effects on Butternut trees and their habitat. These may include:
- retaining a Qualified Professional to oversee that the proposed permit conditions and mitigation measures are properly implemented on the site
- installing protective exclusion fencing to restrict construction activity around the Butternut tree to be retained on site
- clearly defining area of proposed clearing and grading to ensure no accidental removals or encroachments into adjacent Butternut habitat
- minimizing construction footprint where feasibly possible to retain portions of the existing woodlot on the site
Other Information
We have published a government response statement under section 12.1 of the ESA with respect to Butternut.
The Butternut government response statement specifies actions, such as:
- protecting Butternut trees and their habitat through the ESA
- improving knowledge of their distribution across the province
- improving species knowledge by research
- collecting genetic material from Butternut trees that may contribute to the recovery of the species
These actions were supported in the permit.
A copy of the government response statement for Butternut is available at: https://www.ontario.ca/page/butternut-government-response-statement
Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Connect with us
Contact
Mallory Myschowoda
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
The comment period was from May 22, 2020
to June 21, 2020