This consultation was open from:
December 5, 2022
to January 4, 2023
Decision summary
The Minister has issued an overall benefit permit under the Endangered Species Act, 2007 to South Windsor Development Company Ltd. regarding residential and commercial development that will impact Willowleaf Aster. The permit includes actions to benefit the species and minimize adverse effects and requires monitoring and reporting.
Location details
Site location details
Southeast intersection of Cabana Road and Dougall Avenue, Windsor, ON
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
South Windsor Development Company Ltd.
801-374 Ouellette Avenue
Windsor,
ON
N9A 1A8
Canada
Decision details
On February 23, 2024, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to South Windsor Development Company Ltd. under subsection 17(1) of the Endangered Species Act, 2007 (ESA) concerning Willowleaf Aster.
The permit authorizes the South Windsor Development Company Ltd. to adversely impact:
- Willowleaf Aster individuals
- approximately 0.42 hectares of Willowleaf Aster 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 South Windsor Development Company Ltd. to undertake measures that will:
- minimize adverse effects to Willowleaf Aster
- achieve an overall benefit for Willowleaf Aster within a reasonable timeframe
Actions to minimize adverse effects to species
The permit requires South Windsor Development Company Ltd. to carry out actions to minimize adverse effects on Willowleaf Aster, including:
- using exclusion fencing around the individual plant to be salvaged and around the habitat and other populations to be retained
- ensuring that exclusion fencing is maintained in good working order
- salvaging and transplanting the individual plant
- training all personnel on Willowleaf Aster including its identification, biology/ecology, habitat and mitigation measures, prior to construction
- engaging qualified professionals to implement and monitor mitigation measures
Actions to achieve an overall benefit to species
The permit requires South Windsor Development Company Ltd. to carry out actions to achieve an overall benefit for Willowleaf Aster within a reasonable timeframe, including:
- enhancing meadow habitat to improve conditions for Willowleaf Aster
- creating meadow habitat to increase the amount of habitat
- propagating and planting new individuals to increase population size
- distributing an educational brochure to new home and business owners as well as nearby residents to improve awareness
These actions are expected to:
- increase the amount of habitat available for Willowleaf Aster
- improve the habitat quality
- increase the population size
- improve public awareness of the species
Other information
Reasonable alternatives were considered, including alternatives that would not adversely affect Willowleaf Aster, such as:
- no development
- partial development that would retain the majority of Willowleaf Aster individuals and approximately one third of the habitat
- full development that would retain the majority of Willowleaf Aster individuals but would not retain additional habitat beyond what overlaps with the required buffer along Lennon Drain
South Windsor Development Company Ltd. has concluded that the best alternative is the partial development. This design allows for the proposed residential and commercial development to proceed while protecting:
- all but one individual plant
- a portion of the existing habitat
Ontario has published a government response statement (GRS) under section 12.1 of the ESA with respect to Willowleaf Aster. You can access it through the ministry’s website: Willowleaf Aster Government Response Statement | ontario.ca
Consideration was given to this GRS and permit conditions align with the objectives outlined in the GRS, including:
- maintaining or improving habitat and reducing threats to the species
- increasing knowledge of species population
- increasing awareness and stewardship of the species and its habitat
Effects of consultation
We did not receive comments in response to the proposal.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Ave. West
14th Floor
Toronto,
ON
M4V 1M2
Canada
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Kristina Hubert
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
South Windsor Development Company Ltd. has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Willowleaf Aster to construct a residential and commercial development.
The proposal may adversely impact:
- Willowleaf Aster individuals
- approximately 0.42 ha of Willowleaf Aster 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
Willowleaf Aster is listed on the Species at Risk in Ontario List as threatened; therefore, it is protected.
Habitat protection under subsection 10(1) of the ESA applies to Willowleaf Aster.
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 means 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
- more than mitigation measures or "replacing" what is lost
Actions to achieve an overall benefit to species
South Windsor Development Company Ltd. is working to identify proposed actions that would achieve an overall benefit for Willowleaf Aster. These may involve:
- enhancing meadow habitat to improve conditions for Willowleaf Aster
- creating meadow habitat to increase the amount of habitat
- propagating and planting new individuals to increase population size
- distributing an educational brochure to new home and business owners as well as nearby residents to improve awareness
Reasonable alternatives being considered
South Windsor Development Company Ltd. has explored alternatives, including alternatives that would not adversely affect Willowleaf Aster and their habitat. These include:
- no development
- partial development that would retain the majority of Willowleaf Aster individuals and approximately one third of the habitat
- full development that would retain the majority of Willowleaf Aster individuals but would not retain additional habitat beyond what overlaps with the required buffer along Lennon Drain
South Windsor Development Company Ltd. has concluded that the best alternative is the partial development. This design allows for the proposed residential and commercial development to proceed while protecting:
- all but one individual plant
- a portion of the existing habitat.
Actions to minimize adverse effects on the species
South Windsor Development Company Ltd. is seeking ways to minimize adverse effects on the Willowleaf Aster and its habitat. These may include:
- using exclusion fencing around the individual plant to be salvaged and around the habitat and other populations to be retained
- ensuring that exclusion fencing is maintained in good working order
- salvaging and transplanting the individual plant
- training all personnel on Willowleaf Aster including its identification, biology, habitat and mitigation measures, before construction
- engaging qualified professionals to implement and monitor mitigation measures
Other information
The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Willowleaf Aster. The response statement will be considered before a decision to issue an overall benefit permit.
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 Act have been satisfied.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
40 St. Clair Ave. West
14th Floor
Toronto,
ON
M4V 1M2
Canada
Comment
Commenting is now closed.
This consultation was open from December 5, 2022
to January 4, 2023
Connect with us
Contact
April Mitchell
435 James St. South
Suite 114
Thunder Bay,
ON
P7E 6T1
Canada
Comments received
Through the registry
0By email
0By mail
0