Metrolinx - Permits for activities that will result in a significant social or economic benefit to Ontario

Location details

The Eglinton Crosstown West Extension Study Area extends west from Weston Road to Renforth Drive. A significant portion of the line is planned to be constructed underground (permit CR-D-001-19).

The Ontario Line Study Area extends south from the Ontario Science Centre to Exhibition/Ontario Place. A significant portion of the line is planned to be constructed underground (permit CR-D-002-19).

The Scarborough Subway Extension Study Area extends from the east end of the existing Kennedy Station platform to a new terminal station at Sheppard Avenue East and McCowan Road, via Eglinton Avenue East, Danforth Road and McCowan Road. This line is planned to be constructed underground (permit CR-D-003-19).

Proponent(s)

Metrolinx
130 Adelaide Street West
Toronto, ON
M5H 3P5
Canada

Decision details

On August 7, 2020, the Minister of the Environment, Conservation and Parks issued three permits under the Endangered Species Act, 2007 to Metrolinx for three priority transit projects that will help improve public transit in the Greater Toronto Area and Ontario. The permits include options to minimize impacts on species at risk, and fulfill a requirement enabling the construction of the projects to proceed.

The permits are for:

• the Eglinton Crosstown West Extension (permit number CR-D-001-19)
• the Ontario Line (permit number CR-D-002-19)
• the Scarborough Subway Extension (permit number CR-D-003-19)

The permits authorize Metrolinx to engage in activities in the City of Toronto related to the construction of the three proposed lines that would otherwise be prohibited by the Endangered Species Act (ESA). The Eglinton Crosstown West Extension, the Ontario Line and the Scarborough Subway Extension will involve the construction of below and above ground subway and light rail transit lines, stations and associated infrastructure. The projects will involve activities such as vegetation disturbance and removal, site grading, filling, excavation, stockpiling of soil or other materials, road realignment and construction of bridges, retaining walls, rails and roads.

The activities may:

• adversely impact Bank Swallow, Barn Swallow, Blanding’s Turtle, Butternut, Chimney Swift, Eastern Small-footed Myotis, Little Brown Myotis, Northern Myotis, Tri-colored Bat (the Species)
• damage or destroy the species’ habitat

The permits require Metrolinx to complete surveys to confirm what species at risk are present before construction can begin on the transit projects and include additional conditions to minimize impacts on present species at risk.

The permits include conditions that require Metrolinx to:

• conduct surveys to confirm the presence of the species and its habitat no more than five years prior to commencing construction
• provide a summary of anticipated adverse impacts on the species and its habitat prior to commencing construction
• implement measures to minimize adverse effects on the species, including habitat compensation measures
• monitor and report on adverse impacts to the species and its habitat that occur as a result of the projects
• monitor and report on the effectiveness of measures taken to minimize adverse effects on the species, including the effectiveness of habitat compensation measures

Survey and impact assessment

Two species at risk, Barn Swallow and Butternut, have been observed within the areas for the projects. This means that the projects have the potential to adversely impact the Barn Swallow and Butternut, and their habitat.

Additional species at risk (Bank Swallow, Blanding’s Turtle, Chimney Swift, Eastern Small-footed Myotis, Little Brown Myotis, Northern Myotis and Tri-colored Bat) have not yet been observed within the study areas. However, there is evidence (i.e. publicly-available species occurrence data and potentially suitable habitat) to suggest the species noted above may be found within the study areas.

Much of the study areas have not yet been surveyed in detail for the species at risk. If other endangered or threatened species, in addition to those identified, are found within the study areas Metrolinx is required to avoid impacts to those species or their habitat. If that is not possible, Metrolinx must seek an authorization for those impacts in order to remain in compliance with the ESA.

Actions to minimize adverse effects to species

The permit requires Metrolinx to:

• use a Qualified Professional to carry out many of the conditions of the permit
• undertake work at the time of year when the species are less sensitive to disturbance
• if habitat will be removed, remove it at the time of year when the species are less likely to be present
• create or enhance habitat for the species to compensate for the habitat that is removed
• if any members of the species will be removed (i.e. Butternut), compensate for these impacts through actions that benefit the species (e.g., plantings)
• educate contractors on how to identify the species and what steps to take should the species be encountered within the study areas

Monitoring and reporting

The permit requires Metrolinx to:

• monitor and report on adverse impacts to the species and its habitat that occur as a result of the projects
• monitor and report on the effectiveness of measures taken to minimize adverse effects on the species, including the effectiveness of habitat compensation measures

Other information

Government response statements, which outline protection and recovery actions the government will take and support, exist for the following species and were considered before a decision was made on whether to issue the permits:

• Bank Swallow
• Barn Swallow
• Butternut
• Eastern Small-footed Myotis

The government response statement for these species specifies actions, such as:

• Bank Swallow - promoting and monitoring anthropogenic nesting structures
• Barn Swallow - evaluating the success of artificial nesting structures
• Butternut - reporting on the location and health of Butternut
• Eastern Small-footed Myotis - identifying and reporting on the location of summer habitat

These actions are supported in the permit.

A government response statement has not yet been published for Blanding’s Turtle, Chimney Swift, Little Brown Myotis, Northern Myotis and Tri-colored Bat.

Location details

The Eglinton Crosstown West Extension Study Area extends west from Black Creek Drive in the City of Toronto to Renforth Drive in the City of Mississauga. A significant portion of the line will be underground.

The Ontario Line Study Area extends south from the Ontario Science Centre to Ontario Place. A significant portion of the line will be underground.

The Scarborough Subway Extension Study Area extends east from Scarborough Centre Station to Kennedy Station. The line will be underground for its entire length.

To view a map of the three study areas, refer to the instrument proposal under ERO #019-1682.

Comments received

• 2 received through the registry
• 0 received by mail
• 1 received by email

Effects of consultation

Three comments were received in response to the ERO posting. One comment was not supportive of ESA permits only minimizing adverse impacts to species at risk, nor was it supportive of making a decision on a proposal while pandemic-related measures are in place including as O. Reg. 115/20. O. Reg. 115/20 has since been revoked. One comment suggested demonstrating the effectiveness of Barn Swallow nesting structures before proceeding to include them in a permit. One comment was a letter received by email from the Toronto Region Conservation Authority (TRCA) expressing an interest in supporting habitat compensation actions.

No changes were made to the proposed permit as a result of these comments as the first comment was related to the legislative requirements of a socio-economic permit, legislation related to the current pandemic and unrelated to the conditions of these permits. The second comment did not result in changes as the proposed permits require Metrolinx to use existing best management practices for the creation of Barn Swallow nesting habitat. The third comment (the submission for the TRCA) was consistent with permit conditions as drafted.

All comments were shared with the proponent and, in response to the interest expressed by the TRCA, the proponent was encouraged to consider opportunities to work with the TRCA in implementing habitat compensation measures outlined in the proposed permit where it is mutually beneficial to both parties.

Appeal information

This instrument type cannot be appealed.