2434233 Ontario Ltd. - Permit for activities to achieve an overall benefit to a species

The proponent is seeking an authorization under Section 17(2)(c) of the Endangered Species Act for impacts to Eastern Foxsnake-Carolinian Population, Butler's Gartersnake and Willowleaf Aster in order to construct a multi-unit (i.e. duplex and fourplex) residential development on Concession 2 Petite Cote in the City of Windsor, County of Essex.

Other Information:

Eastern Foxsnake-Carolinian Population and Bulter's Gartersnake are listed as endangered on the Species at Risk in Ontario List, in Ontario Regulation 230/08.

Willowleaf Aster is listed as threatened on the Species at Risk in Ontario List in Ontario Reg. 230/08.

Subsection 9(1) of the Endangered Species Act provides protection for these species while subsection 10(1) provides protection for the habitat of these species.

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 section 9 or 10 of the Endangered Species Act if the Minister is of the opinion that:

(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;

(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,

(iii) reasonable steps to minimize adverse 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 ones that would not adversely affect the species, such as:

• Not developing the residential development.
• Seeking an alternate location for the development.
• It is not possible to mitigate impacts to Willowleaf Aster, however the Proponent has sought ways to minimize adverse effects on Eastern Foxsnake and Butler's Gartersnake, such as:
  • Taking steps to capture and relocate individuals before vegetation removal commences.
  • Taking steps to exclude these species from re-entering the site during active construction.

The Proponent identified possible actions to achieve an overall benefit for all three species, such as:

• Securing and protecting 1.31 hectares of existing thicket habitat from potential commercial development to Natural Heritage.
• Rehabilitating and enhancing 0.72 hectares within the 1.31 hectare parcel to manage competition from invasive species and provide more open habitat in which Willowleaf Aster can thrive as well as to provide microhabitat features that support key life processes such as thermoregulation and foraging for Eastern Foxsnake and Butler's Gartersnake.
• Distributing education materials to home owners in the proposed development regarding the protection and recovery of these species.
• These measures are expected to increase the amount of high quality, protected habitat available for these species that will allow these species to carry out their life processes, including reproduction, as well as to mitigate the threat posed by human persecution of snakes. Together, it is expected that these measures will create suitable conditions required to increase the number of individuals of these species in the wild in Ontario.

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.