NextStar Energy Inc. - Permit for activities that will result in a significant social or economic benefit to Ontario

On November 22, 2022, the Minister of the Environment, Conservation and Parks issued a social or economic benefit permit to NextStar Energy Inc. and the Corporation of the City of Windsor (the proponents) under subsection 17(1) of the Endangered Species Act, 2007 (ESA). The permit was issued in accordance with the criteria in clause 17(2)(d) of the ESA, concerning impacts to Butler’s Gartersnake resulting from the construction of an electric vehicle (EV) battery manufacturing facility in Windsor, Ontario.

The EV battery plant is expected to support the growth of the EV industry in Ontario, create thousands of new jobs and help make the province a global hub for electric vehicle manufacturing, supporting a clean-growth economy.

The permit authorizes the proponents to:

• adversely impact Butler’s Gartersnake
• adversely impact 1.72 hectares of Butler’s Gartersnake habitat

Protecting species under the Endangered Species Act

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

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the ESA gives the minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that require the proponents to undertake measures that will:

• minimize adverse effects to Butler’s Gartersnake
• support the protection and recovery of Butler’s Gartersnake in Ontario

Significant social or economic benefit to Ontario

The EV battery manufacturing facility is expected to result in significant social and economic benefits to Ontarians, such as:

• developing the electric vehicle industry in Ontario
• ensuring Ontario’s automotive sector remains robust as the global market shifts from gasoline-powered to electric vehicles
• creating 2,500 new jobs, comprising operators, engineers, technicians and business staff – with early analysis indicating the project could create up to 8,700 direct and indirect jobs

Reasonable alternatives being considered

Alternatives, including alternatives that would not adversely affect the species, were considered such as:

• Alternative 1 – no development
• Alternative 2 – partial development with avoidance of Butler’s Gartersnake habitat
• Alternative 3 – full development including removal of 1.72 hectares of Butler’s Gartersnake habitat while also implementing protection and recovery actions for Butler’s Gartersnake within the City of Windsor

The best alternative is alternative 3, which involves proceeding with full development. It strikes a balance between developing Ontario’s automotive sector and protecting and recovering Butler’s Gartersnake through actions required by the permit.

Actions to minimize adverse effects on the species

The permit requires the proponents to carry out actions to minimize adverse effects on Butler’s Gartersnake and its habitat, including:

• providing training to all site workers about the species and what to do if one is encountered
• developing and installing educational signs along publicly accessible trails adjacent to habitat enhancement areas, that provide information on Butler’s Gartersnake
• maintaining temporary exclusion fencing to prevent Butler’s Gartersnake from gaining access to the construction area
• engaging a qualified professional to oversee the installation and inspections of the exclusion fencing
• conducting two days of visual encounter surveys immediately before starting construction to ensure no species at risk have entered the area
• installing permanent exclusion fencing to prevent Butler’s Gartersnake from gaining access to the project site in the long-term
• monitoring mitigation measures to ensure they are effective

Actions to protect and recover the species

The permit requires the proponents to carry out beneficial actions to support the protection and recovery of Butler’s Gartersnake in Ontario, including:

• enhancing a total of 5.17 hectares of Butler’s Gartersnake habitat across three City of Windsor properties
• creating 1.72 hectares of new Butler’s Gartersnake habitat within the City of Windsor
• creating key habitat features (10 brush piles and 2 live birthing areas) that support life functions such as basking and birthing
• monitoring the effectiveness of the proposed beneficial actions for a 10-year monitoring period

Other actions

NextStar Energy Inc. and the Corporation of the City of Windsor were required by permit #SW-B-003-22 to salvage and relocate individual Butler’s Gartersnakes from the construction site to an adjacent habitat during the snake’s active season. The requirements of the social or economic benefit permit as described above include enhancing and monitoring the area where snakes were relocated to.

Taken together, these activities are expected to support the protection and recovery of Butler’s Gartersnake in Ontario.

The residual impacts of the project (i.e. impacts after mitigation is applied) are not expected to jeopardize the survival or recovery of Butler’s Gartersnake.

Other information

Ontario has published a government response statement (GRS) under section 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Butler’s Gartersnake.

The issued permit conditions align with the objectives outlined in the GRS including:

• improving the quality of existing Butler’s Gartersnake habitat
• increasing knowledge of Butler’s Gartersnake abundance and distribution
• increasing public awareness of Butler’s Gartersnake, including its status and protection under the ESA