Camino LVS Inc. - Permit for activities to achieve an overall benefit to a species

Camino LVS Inc. 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 logistics village, consisting of a railroad hub and industrial/commercial development, near Long Sault, Ontario.

The proposal may:

• adversely impact 405 Butternut trees (remove, kill)
• 376 Category 2 trees and harm seven Category 2 trees
• approximately 52.4 hectares of Butternut habitat

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the 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.

Under clause 17(2)(c) of the ESA, the Minister may issue an overall benefit 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 permit conditions will lead to an overall benefit for the species within a reasonable timeframe
• reasonable alternatives have been explored, including those that would not harm the species, with the most suitable option being selected
• the permit conditions mandate reasonable measures to minimize any negative impact on the species

Providing an overall benefit to a protected species under the ESA requires improving the species circumstances in Ontario. The 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

Camino LVS Inc. is working to determine proposed actions that will provide an overall benefit to Butternut. These actions may include:

• archiving 8 Butternut trees within 3 years of obtaining the permit
• collecting and donating 100 Butternut seeds to landowners within 3 years of obtaining the permit
• planting 199 Butternut seedlings within 3 years of obtaining the permit

The above actions are anticipated to:

• preserve the Butternut gene pool by archiving trees showing resistance to the disease
• help with the recovery process by ensuring that effort is spent collecting and growing Butternut seeds from local trees that have reached maturity
• ensure continued regeneration of Butternuts by planting seedlings and creating new areas with Butternut populations

Reasonable alternatives being considered

Camino LVS Inc. is considering alternatives, including alternatives that would not adversely affect Butternut and its habitat. Considered alternatives include:

• Alternative 1 – reduce the available lands for development to avoid all Butternuts and their habitat
• Alternative 2 – full build out of the logistics village, which includes impacts to Butternut and Butternut habitat
• Alternative 3 – do nothing

Camino LVS Inc. has concluded that the best alternative is Alternative 2. This alternative:

• will allow the project development to proceed
• is considered economically viable and technically feasible, as: the location and design of the rail yard is constrained by other factors(mostly by Canadian National Railway to ensure safety and functionality)
• the distribution of the Butternut trees throughout the 274 hectare property, and efforts to avoid them, would result in a sign ificant reduction of available space for the project, impacting required access roads or land available to be developed

Actions to minimize adverse effects on the species

Camino LVS Inc. is seeking ways to minimize adverse effects on Butternut and its habitat. These may include:

• 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

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. An overall benefit permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.