Town of Whitby - Permit for activities to achieve an overall benefit to a species

The Town of Whitby has applied for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007. The proposal is to construct a new four-lane arterial road, Des Newman Boulevard, from Dundas Street West to Taunton Road West in Whitby, Ontario.

The proposal may adversely affect Little Brown Myotis habitat.

Protecting species under the Endangered Species Act

Sections 9 and 10 of the ESA 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 either:

• extirpated
• endangered
• threatened

Little Brown Myotis is listed as endangered and is therefore protected.

Under clause 17(2)(c) of the ESA, 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 ESA if the minister believes that:

• 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 ESA 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
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

The Town of Whitby is working to identify proposed actions that would achieve an overall benefit to Little Brown Myotis. These may involve:

• developing and implementing a Bat Habitat Tree Planting Plan to create 0.28 hectares of habitat for the species
• installing 6 artificial roosting structures for the Species (4 four-chambered nursery boxes and 2 two-chambered rocket boxes) within the proposed Bat Habitat Tree Planting Plan area
• developing and implementing a management plan for enhancing 0.32 hectares of habitat for the species adjacent to the proposed area of impact, including: invasive species management, planting of native species and edge management plantings
• monitoring the Overall Benefit actions undertaken to ensure their effectiveness

Reasonable alternatives being considered

The Town of Whitby is considering alternatives, including alternatives that would not adversely affect Little Brown Myotis. These may include:

• not proceeding with the proposed construction of Des Newman Boulevard
• construction of a new arterial road alignment with a 36 metre Right-of-Way
• construction of a new arterial road alignment with a 30 metre Right-of-Way

The Town of Whitby has concluded that the best alternative for carrying out the proposed project being proposed is to construct a new arterial road alignment with a reduced right of way (30 metres).

Actions to minimize adverse effects on the species

Potential approaches to minimize adverse effects on Little Brown Myotis may include:

• installing tree protection fencing at the road grading limits
• conducting vegetation removal outside of the active period for the species
• providing information sheets to all workers informing them about the species and what to do should one be encountered
• monitoring mitigation measures to ensure their effectiveness

Other information

A government response statement to the recovery strategy for Little Brown Myotis has not been published.

Posting this proposal on the Environmental Registry does not imply that the Minister 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.