Ontario’s Endangered Species Act, which came into effect in 2008, makes the province a North American leader in the protection and recovery of species at risk and their habitats. Learn how Ontario is protecting species at risk and their habitat.
Proposed Authorization Summary
| Proponent: | Ontario Ministry of Transportation |
|---|---|
| Project: | Hwy 407 East Extension - Durham |
| Location: | Durham Region See location on Google Maps  |
| Species: |
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| Sector: | Transportation |
| Environmental Registry Number: | 011-5100 |
| Permit Proposal Status: | Permit issued |
| Authorization Type: | 17(2)(c) - Overall Benefit Permit The Endangered Species Act, 2007 (ESA) provides for the protection of endangered, threatened (and in some cases extirpated) species on the Species at Risk in Ontario (SARO) List. The ESA also addresses the protection of habitat for species at risk. |
Environmental Registry Posting:
Ontario Ministry of Transportation intends to apply for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Butternut in order to construct Highway 407 East extension (Phase 1) in Durham Region.
The proposal to construct Highway 407 East extension (Phase 1) has the potential to impact Butternut.
Butternut is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 (O. Reg. 230/08) of the ESA, as endangered.
Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.
Habitat protection under subsection 10(1) of the ESA does not currently apply to Butternut, however, it is planned to be phased in over the coming years.
The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if; reasonable alternatives have been considered, adverse effects will be minimized and an overall benefit will be achieved for the species. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than ‘no net loss’ or an exchange of ‘like for like’. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.
The Minister may issue a permit to an applicant under clause 17(2)(c) of the ESA that authorizes the person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but, the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit; and,
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.
The Ontario Ministry of Transportation Highway 407 East extension has received Environmental Assessment approval with conditions. A total of 263 Butternuts have been identified within the area of Phase 1 of the extension. Of these, 148 Butternuts have been assessed to be retainable trees. It is expected that discussions about minimizing impacts on Butternut will continue during detailed design for the project. The Ministry of Transportation intends to apply for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to remove the 148 retainable Butternut for the purpose of constructing the highway project.
Alternatives that would not adversely affect the species (i.e., major redesign) have been considered and are not considered reasonable.
Potential approaches to minimize adverse effects on individual members of Butternut may include:
- slight design refinements during detailed design that could reduce impacts to certain individuals;
- restrictions on the construction footprint and fencing of protected areas; and,
- transplanting to more secure locations if tree size and site conditions permit.
Potential approaches to achieve an overall benefit for Butternut may include:
- planting sufficient replacement seedlings according to an approved plan with appropriate companion species in secure locations;
- releasing other Butternut trees from competition;
- collecting Butternut seed for propagation; and,
- arranging for greenhouse grafting of twigs from potentially disease-resistant Butternut for eventual outplanting in seed orchards.
Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; 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.
Decision:
On April 4, 2012 the Minister of Natural Resources issued an overall benefit permit to the Ontario Ministry of Transportation (MTO) under clause 17(2)(c) of the ESA with respect to Butternut in order to construct Highway 407 East extension (Phase 1) in Durham Region.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included not constructing the highway extension and various routes/locations for the highway extension construction. The best alternative, which was adopted, considered a number of factors and is located eastward from Brock Road (Pickering) to Harmony Road (Oshawa) with a north-south connecting route from Highway 407 to Highway 401 in the vicinity of Lakeridge Road (Ajax and Whitby) in the Regional Municipality of Durham.
The permit requires MTO to undertake a number of measures to minimize adverse effects on individual members of Butternut, including:
- Retention of qualified professionals to supervise and assist in implementation of conditions of the permit.
- Endeavor to reduce impacts on individual Butternut trees through further discussion with MNR during detailed design and installation of protective fencing during construction.
- Where feasible, transplantable trees to be affected by highway construction shall be transplanted.
- To emulate natural Butternut habitat conditions and avoid a monoculture of disease-prone trees, the Butternut will be planted with companion species native to the area. Plantings will occur in open areas with good soils. Newly planted trees will have fencing for additional protection.
The permit requires MTO to undertake a number of actions to achieve an overall benefit to Butternut, within a reasonable time, including:
- Before any clearing, provide for the archiving (preserving through grafting and managing) of at least six high quality Butternut trees selected by MNR towards production in a seed orchard.
- Plant and tend at least 600 Butternut trees according to plans approved by MNR. Butternut will benefit by having increased populations and associated reproductive capacity.
In addition, the permit requires MTO to:
- Monitor and report on the status of the plantings for a period of five years.
- At the end of the five year monitoring period, a minimum of half the initial plantings (300 Butternut) must be alive and growing.
Public consultation on the proposal for this ESA permit was provided for 37 days, from November 30, 2011 to January 6, 2012. No comments were received in response to this Environmental Registry notice.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-5100) in the search bar.
If you have questions or comments specific to this permit application after the Environmental Registry period is over, please click here Hwy 407 East Extension - Durham (ER number: 011-5100) .
Please Note: All comments and submissions received become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered in the decision making process for the authorization.
