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

Instrument type: Permit for activities that will result in a significant social or economic benefit to Ontario

ERO number
019-6481
Ministry reference number
CN-D-001-20
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
January 17, 2023 - February 16, 2023 (30 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
January 17, 2023
to February 16, 2023

Decision summary

The Minister has issued a social or economic benefit permit to Ontario Power Generation Inc. for impacts to four species at risk bats and Bank Swallow for the Darlington New Nuclear Project. The permit includes actions to minimize adverse effects on the species and their habitat and actions to support the protection and recovery of the species.

Location details

Site location details

The proposed project is located immediately adjacent to the existing Darlington nuclear site along the north shore of Lake Ontario in the Town of Bowmanville, Regional Municipality of Durham.

The project area can be viewed in the map shared under the Supporting Materials section of this notice.

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 window

Proponent(s)

Ontario Power Generation Inc.
1 Holt Road South
Bowmanville, ON
L1C 3Z8
Canada

Decision details

On March 14, 2023, the Minister of the Environment, Conservation and Parks issued a social or economic benefit permit to Ontario Power Generation Inc. (OPG) 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 four species at risk bats and Bank Swallow for the main site preparation activities (Phase 1) of a new nuclear generating station in the Town of Bowmanville, Ontario.

The permit is concerning:

The permit authorizes OPG to remove:

  • 5.61 hectares of SAR Bat habitat
  • 1.6 hectares of Bank Swallow foraging habitat

No mortality, harm or harassment of the species is expected to occur given the mitigation measures included in the permit.

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 the development of important public infrastructure 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 OPG to undertake measures that will:

  • minimize adverse effects to SAR Bats and Bank Swallow
  • support the protection and recovery of SAR Bats and Bank Swallow in Ontario

Significant social or economic benefit to Ontario

The Darlington New Nuclear Project is expected to result in significant social and economic benefits to Ontario, including:

  • creating Canada’s first grid-scale small modular reactor (SMR), which would highlight Ontario as the lead of this new, growing technology and support the future use of this technology throughout Canada and internationally
  • leveraging the potential of SMRs to drive job creation, economic growth and export opportunities and allow Ontario to leverage its highly skilled nuclear industry and workforce to be a potential supplier of products, services, and expertise in the global SMR market
  • procuring up to 4,800 Mega Watts (MW) of new electricity generation and storage resources, which includes the largest procurement of clean energy storage in Canada’s history
  • addressing future shortage of low emission generating capacity due to the upcoming retirement of OPG’s Pickering Nuclear Generating Station and lowering Ontario’s electricity emissions
  • creating approximately 684 jobs per year in Ontario
  • creating approximately 1,604 jobs per year for manufacturing and construction related to the proposed project

Reasonable alternatives being considered

Alternatives, including alternatives that would not adversely affect SAR Bats, Bank Swallow or their respective habitats, were considered such as:

  • Alternative 1 – maximum site development layout of the entire Darlington New Nuclear Project lands, including removal of lakeshore bluff which provides habitat for nesting Bank Swallows
  • Alternative 2 – partial development layout option 1, which avoids removal of lakeshore bluff and Bank Swallow nesting habitat
  • Alternative 3 – partial development layout option 2 which avoids removal of lakeshore bluff and Bank Swallow nesting habitat, and includes less habitat impacts to SAR Bats compared to Alternative 2
  • Alternative 4 – no development

The best alternative is Alternative 3, as it balances the needs of the project in an optimized layout that avoids removing some species at risk habitats. Alternative 3 minimizes the removal of species at risk habitat, including the avoidance of lakeshore bluff which provides nesting habitat for Bank Swallow, while meeting the needs of the DNNP.

Actions to minimize adverse effects on the species

The permit requires OPG to carry out actions to minimize adverse effects on SAR Bats, Bank Swallow and their habitats, including:

  • providing awareness training to all site workers about SAR Bats and Bank Swallow
  • ensuring vegetation removal is conducted outside of the SAR Bat and Bank Swallow active season (April 1st to September 30th) so it occurs during a time of year when the species are less sensitive to disturbance
  • installing erosion sediment control fencing
  • minimizing dust and noise created during construction activities
  • ensuring construction lighting is directed down and away from any retained habitats
  • ensuring spill prevention and contingency plans will be in place
  • implementing best management practices to prevent Bank Swallows from nesting in any stockpiles of soil that may be created through project activities
  • monitoring mitigation measures to ensure they are effective

Actions to protect and recover the species

The permit requires OPG to carry out several actions to support the protection and recovery of SAR Bats and Bank Swallow in Ontario, including:

  • creating 1.99 hectares of meadow habitat providing foraging habitat for Bank Swallow and SAR Bats
  • creating 2.42 hectares of treed habitat providing roosting and foraging habitat for SAR Bats
  • enhancing 0.58 hectares of existing thicket habitat providing roosting and foraging habitat for SAR Bats
  • installing 20 bat boxes within the treed habitat creation area, providing roosting habitat for Little Brown Myotis
  • developing and installing four interpretive or educational signs at publicly accessible trails within the habitat creation and enhancement areas, that will provide information on Bank Swallow and SAR Bats
  • monitoring the effectiveness of the meadow habitat for a period of five years
  • monitoring the effectiveness of the treed habitat creation and enhancement areas and bat boxes for a period of ten years

Other information

Ontario has published government response statement (GRS) under section 12.1 of the Endangered Species Act, 2007 (ESA) for:

The permit conditions align with the objectives in the government response statement including:

  • increasing outreach and public awareness of SAR Bats and Bank Swallow, including their status and protection under the ESA
  • implementing standardized survey and monitoring protocols and tools that specifically target SAR Bats
  • monitoring SAR Bat population trends, distribution, threats, habitat preferences and prevalence of use
  • implementing best management practices on techniques to mitigate effects of activities on Bank Swallow
  • encouraging the submission of data to the Ministry’s central repository at the Natural Heritage Information Centre

Comments received

Through the registry

1

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

We received and considered all the comments we received. Feedback included recommendations and requests such as:

  • the proposed project should not remove species at risk habitat instead of rebuilding new habitat
  • an easement should be created on the new habitat for species at risk being created on the site in order to protect the long-term integrity of the new habitat
  • a tree inventory on the site should be completed before trees are removed
  • for every tree that is removed on site, it should be replaced at a ratio of 3:1
  • for any Butternut that are found on the site, it should be replaced at a 40:1 ratio
  • Indigenous communities should have the opportunity to collect seeds/nuts from any Butternut before the trees are removed
  • alternative habitat creation areas should be considered
  • an environmental restoration fund should be established that would facilitate projects with Indigenous communities, other governments and environmental groups.

Ministry response

All feedback received was considered in the ministry’s decision. Some of the feedback received has contributed to the development of the permit conditions, such as a requirement that OPG share further information regarding this permit with Indigenous communities, including any amendments that may be made to the permit and all monitoring reports required by the permit to be submitted to MECP. Additional feedback received did not result in modifications to the permit issued because:

  • alternative options were considered for this project, and it was determined that the option chosen balances the needs of the project in an optimized layout that minimizes the removal of species at risk habitats, including the avoidance of a large nesting colony of Bank Swallow
  • the permit includes actions to create additional habitat for SAR Bats and Bank Swallow
  • an easement is not feasible; however, the new habitat being created will be protected under the ESA as the areas provide habitat for species at risk
  • a tree inventory is outside the scope of the ESA permit; however, OPG has committed to completing a tree inventory and replacing each tree removed with 3 new individuals
  • Butternut is not a species authorized by the permit; however, it is MECP’s understanding that OPG intends on registering under Ontario Regulation 830/21 for any impacts the project may have on Butternut
  • the habitat creation areas required by the permit are located within an area known to be utilized by SAR Bats and Bank Swallow and will be created by qualified professionals to provide suitable foraging and roosting habitat for the species
  • it is MECP’s understanding that OPG will commit to additional dialog with Indigenous communities regarding the establishment of an environmental restoration fund

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.

Species at Risk Branch
Address

40 St Clair Ave West
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

Kathleen Buck

Phone number
Email address
Office
Permissions and Compliance Species at Risk Branch
Address

40 St. Clair Avenue West
14th Floor
Toronto, ON
M4V 1M2
Canada

Office phone number

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Original proposal

ERO number
019-6481
Ministry reference number
CN-D-001-20
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

January 17, 2023 - February 16, 2023 (30 days)

Why consultation isn't required

We are not required to consult on this permit proposal as it relates to an animal and therefore does not meet the required criteria set out in subsection 1.3 (6) of the Ontario Regulation 681/94 under the Environmental Bill of Rights, 1993.

We are voluntarily posting this notice to advise the public of this proposal and to invite the public to submit written comments to the contact person identified in this notice.

Proposal details

Ontario Power Generation Inc. (OPG) is seeking a social or economic benefit permit under clause 17(2)(d) of the Endangered Species Act, 2007 (ESA) for impacts to four species at risk bats and Bank Swallow for the main site preparation activities (Phase 1) of a new nuclear generating station in the Town of Bowmanville, Ontario. This project is referred to as the Darlington New Nuclear Project. The project may adversely impact:

  • Species at Risk Bats (SAR Bats):
    1. Little Brown Myotis
    2. Northern Myotis
    3. Eastern Small-footed Myotis
    4. Tri-coloured Bat
  • approximately 5.61 hectares of SAR Bat habitat
  • Bank Swallow individuals
  • approximately 1.6 hectares of Bank Swallow foraging 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 ESA. Sections 9 and 10 of the Endangered Species Act, 2007 (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

All four bat species are listed on the Species at Risk in Ontario List as endangered; therefore, they and their habitat are protected.

Bank Swallow is listed on the Species at Risk in Ontario List as threatened; therefore, it and its habitat are protected.

Under clause 17(2)(d) 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:

  • the activity authorized by the permit will result in a significant social or economic benefit to Ontario
  • the activity authorized by the permit will not jeopardize the survival or recovery of the species in Ontario
  • reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative that would allow the projects to continue has been adopted
  • reasonable steps to minimize adverse effects on the species are required by conditions of the permit

Significant social or economic benefit to Ontario

The activities proposed to be authorized by Phase 1, Main Site Preparation of the Darlington New Nuclear Project will contribute to significant social and economic benefits to Ontario that are expected to result from the Darlington New Nuclear Project as a whole (i.e. Phases 1 and 2). These include:

  • creating Canada’s first grid-scale small modular reactor (SMR), which would highlight Ontario as the lead of this new, growing technology and support the future use of this technology throughout Canada and internationally
  • SMRs have the potential to drive job creation, economic growth and export opportunities and would allow Ontario to leverage its highly skilled nuclear industry and workforce to be a potential supplier of products, services, and expertise in the global SMR market
  • procuring 4,000 Mega Watts (MW) of new electricity generation and storage resources, which includes the largest procurement of clean energy storage in Canada’s history
  • addressing future shortage of low emission generating capacity due to the upcoming retirement of OPG’s Pickering Nuclear Generating Station and lowering Ontario’s electricity emissions
  • creating approximately 684 jobs per year in Ontario
  • creating approximately 1,604 jobs per year for manufacturing and construction related to the proposed project

Reasonable alternatives being considered

OPG has explored alternatives, including alternatives that would not adversely affect SAR Bats, Bank Swallow or their respective habitats. These include:

  • Alternative 1 – maximum site development layout of the entire Darlington New Nuclear Project lands including removal of lakeshore bluff which provides habitat for nesting Bank Swallows
  • Alternative 2 – partial development layout option 1 which avoids removal of lakeshore bluff and Bank Swallow nesting habitat
  • Alternative 3 – partial development layout option 2 which avoids removal of lakeshore bluff and Bank Swallow nesting habitat, but includes less habitat impacts to SAR Bats compared to Alternative 2
  • Alternative 4 – no development

OPG has proposed that the best alternative is Alternative 3 as it balances the needs of the project in an optimized layout that avoids removing some species at risk habitats.

Actions to minimize adverse effects on the species

The permit would include conditions requiring that steps be taken to minimize adverse effects on SAR Bats, Bank Swallow, and their habitats. These may include:

  • providing awareness training to all site workers about SAR Bats and Bank Swallow
  • ensuring vegetation removal is conducted outside of the SAR Bat and Bank Swallow active season (April 1 to September 30) so it occurs during a time of year when the species are less sensitive to disturbance
  • installing erosion sediment control fencing
  • creating and implementing an Environmental Management Plan that includes measures to minimize dust and construction lighting, and ensuring spill prevention and contingency plans will be in place
  • monitoring mitigation measures to ensure they are effective

Actions to protect and recover the species

The permit would also include conditions requiring that beneficial actions be taken to support the protection and recovery of SAR Bats and Bank Swallow in Ontario. These may involve:

  • creating 1.99 hectares of meadow habitat providing foraging habitat for Bank Swallow and SAR Bats
  • creating three hectares of treed habitat providing roosting and foraging habitat for SAR Bats
  • installing 20 bat boxes within the proposed treed habitat creation area, providing roosting habitat for Little Brown Myotis
  • developing and installing four interpretive or educational signs at publicly accessible trails within the habitat creation and enhancement areas, that will provide information on Bank Swallow and SAR Bats
  • monitoring the effectiveness of the meadow habitat for a period of five years
  • monitoring the effectiveness of the treed habitat creation and bat boxes for a period of ten years

Other information

The Province has published government response statements under subsection 12.1 of the Endangered Species Act, 2007 (ESA) with respect to SAR Bats and Bank Swallow. These response statements will be considered as part of the permit decision-making process.

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 section 17 of the ESA 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.

Species at Risk Branch
Address

40 St Clair Ave West
Toronto, ON
M4V 1M2
Canada

Comment

Commenting is now closed.

This consultation was open from January 17, 2023
to February 16, 2023

Connect with us

Contact

Kathleen Buck

Phone number
Email address
Office
Permissions and Compliance Species at Risk Branch
Address

40 St. Clair Avenue West
14th Floor
Toronto, ON
M4V 1M2
Canada

Office phone number