Clublink Corporation ULC - Permit for activities to achieve an overall benefit to a species

Clublink Corporation ULC has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Butternut to construct a new subdivision, including approximately 1,544 residential units, in Kanata, Ontario.

The proposal may adversely impact:

• Butternut individuals
• approximately 5.79 hectares of Butternut habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (ESA). 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

Butternut is listed on the Species at Risk in Ontario List as endangered; therefore, it is 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

Clublink Corporation ULC is working to identify proposed actions that would achieve an overall benefit to Butternut. These may involve:

• archiving 4 Butternut and collecting 50 scions from each tree for a total of 200 scions to be grafted onto recipient Black Walnut trees
• working with a local stewardship program to produce and distribute 394 Butternut seedlings to be planted by landowners across Eastern Ontario

The planting of Butternut seedlings in many small populations spread out over a large geographic area is anticipated to:

• yield long term conservation gains compared to a high-density planting in a single location
• help improve the species success and chances of natural reproduction, distribution and genetic diversity

Reasonable alternatives being considered

Clublink Corporation ULC is considering alternatives, including alternatives that would not adversely affect Butternut and its habitat. These may include:

• Alternative 1 - proceed with the proposed project development
• Alternative 2 - reduce the size of the Woodland Park within the proposed project development
• Alternative 3 - avoid all impacts to Butternut and its habitat

Clublink Corporation ULC has concluded that the best alternative is Alternative 1. This alternative:

• will allow the project development to proceed
• is considered economically viable and technically feasible
• strikes a balance between meeting the servicing and development needs of the subdivision, while preserving/enhancing key habitat features and functions for Butternut

Actions to minimize adverse effects on the species

Clublink Corporation ULC is seeking ways to minimize adverse effects on Butternut and its habitat. These may include:

• conducting contractor awareness training before starting work on the site
• marking Butternut trees to be retained to avoid accidentally harming or killing individuals during project activities
• marking the edge of the tree clearing area to ensure only designated trees are removed
• ensuring that the Critical Root Zone of retained Butternut trees is fully protected
• ensuring that exhaust fumes from all equipment are directed away from tree canopy
• providing homeowner awareness and education packages to educate homeowners on the presence of the species

Other information

The Province has published a government response statement (GRS) under subsection 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Butternut. The GRS will be considered before a decision to issue an overall benefit permit.

Posting this proposal on the Environmental Registry of Ontario 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.