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 Solar PV Fields 1 Limited Partnership |
|---|---|
| Project: | RE Solar Park Construction - Wainwright |
| Location: | Kenora, Territorial District of See location on Google Maps  |
| Species: |
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| Sector: | Renewable energy |
| Environmental Registry Number: | 011-6209 |
| 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 Solar PV Fields 1 Limited Partnership has submitted a proposal in relation to an overall benefit permit under clause 17(2) (c) of the Endangered Species Act, 2007 (ESA) with respect to Bobolink in order to construct a 10 megawatt solar photovoltaic facility on a parcel of land comprising being part of Parcel 41749 described as part of Lot 4, Concession 3 in the Township of Wainwright, consisting of 21.9 +/- hectares within the unorganized portion of the Territorial District of Kenora.
The proposal to construct the solar electricity generating facility has the potential to impact Bobolink and their habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Bobolink.
Bobolink is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 (O. Reg. 230/08) of the ESA, as Threatened.
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 currently applies to Bobolink.
The ESA allows some activities to proceed under a clause 17(2) (c) permit with specific conditions if; avoidance and 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 under clause 17(2)(c) of the ESA that authorizes a 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:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
(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 proposed solar facility will impact Bobolink habitat. Bobolink was observed using a portion of contiguous habitat. Approximately 21.9 hectares of Bobolink habitat will be altered as a result of the proposed development. Refergy Canada Inc. on behalf of Ontario Solar PV Fields 1 Limited Partnership has been in discussion with MNR staff at the Dryden/Fort Frances District office about reasonable alternatives and mitigation measures. Ontario Solar PV Fields 1 Limited Partnership has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the ESA to remove the 21.9 hectares of Bobolink habitat for the purpose of developing the site into a solar farm to produce renewable energy.
Reasonable alternatives are being considered including ones that would not adversely affect the species, and may include:
- Conducting the assembly activities in an alternative location;
- Using alternate methods, equipment, designs, etc for carrying out the proposed activity;
- Adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species); and,
- Any other alternative approaches that address adverse effects (in both the short and long term) on the specific protected species and habitat present on and/or surrounding the proposed activity location.
Potential approaches to minimize adverse effects on individual members of Bobolink may include:
- Conducting on-site activities outside the breeding bird season to eliminate incidental taking of Bobolink and disturbance to breeding Bobolink.
- Prior to major activities that cannot be performed outside the breeding bird season (vegetation clearing, land grading, excavation etc.) impacted areas will be searched by a trained biologist within 48 hours of the proposed activity to determine if birds are currently nesting in the areas. If nests are found, work will be suspended within 100m of the nest location until such time that the nest is successful or abandoned.
Potential approaches to achieve an overall benefit for Bobolink may include:
- Securing, improving and maintaining Bobolink habitat by entering a land use agreement with a local farmer. The agreement will entail the farmer delaying haying operations on an equivalent or greater area of hayfield until mid July each year for the lifespan of the project
- Securing, improving and maintaining Bobolink habitat for the loss of habitat by securing a minimum of 21.9 hectare of disturbed, potential Bobolink habitat and improving/maintaining it for Bobolink for the duration of the project.
- Performing annual breeding bird surveys for an appropriate number of years on the acquired Bobolink habitat to assess their use by Bobolink.
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.
Proposed Permit Details:
Ontario Solar PV Fields GP 1 Inc. as the general partner of Ontario Solar PV Fields 1 Limited Partnership is proposing the construction and operation of a 10 megawatt solar photovoltaic facility in Lot 4, Concession 3 in the Geographic Township of Wainwright.
Bobolink are listed as threatened on the Species at Risk in Ontario (SARO) List, in O. Reg. 230/08 of the Endangered Species Act (ESA), 2007, and have been observed in part of the project area. Approximately 21.9 hectares of Bobolink habitat, protected under ESA s. 10(1), would be damaged by the proposed activity.
Reasonable alternatives, including alternatives that would not adversely affect the species, have been explored. The best alternative has been chosen to allow work to continue and avoid impacts to Bobolink and minimize impacts to habitat.
- The timing of certain construction activities has been adjusted to avoid disturbance to Bobolink during the breeding season; and
- Construction activities will be carried out in a manner that minimizes impacts to Bobolink habitat through an operational plan.
There will be reasonable steps to minimize adverse effects on individual members of the species as required by conditions of the permit:
- Scheduling works to avoid or minimize impacts to individuals during the season when Bobolink are present;
- Habitat rehabilitation activities on-site upon closure of the facility to re-establish Bobolink habitat.
Overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit. Ontario Solar PV Fields 1 Inc. has agreed to
- Manage and maintain high quality habitat for Bobolink via a landowner agreement, for the lifetime of the project;
- Conduct a monitoring program to assess the use of habitat set aside for Bobolink and to submit monitoring reports to the Ministry of Natural Resources for review; and
- Undertake a literature review and records review of Bobolink phenology in Northwestern Ontario.
Decision:
On December 4, 2012 the Minister of Natural Resources issued an overall benefit permit to Ontario Solar PV Fields GP 1 Inc. as the general partner of Ontario Solar PV Fields 1 Limited Partnership under clause 17(2)(c) of the ESA with respect to Bobolink habitat in order to construct a 10 megawatt solar photovoltaic facility on Lot 4, Concession 3 in the Geographic Township of Wainwright, Dryden District.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species, including site relocation. The best alternative, which was adopted, consists of proceeding with development at the proposed site, avoiding nesting birds and enhancing the management of the adjacent habitat to support successful Bobolink recruitment.
The permit requires Ontario Solar PV Fields GP 1 Inc. as the general partner of Ontario Solar PV Fields 1 Limited Partnership to undertake a number of measures to minimize adverse effects on individual members of Bobolink, including:
- Site construction within the Solar Park Project Area shall not occur between May 1st to July 31st (breeding and nesting period for Bobolink) unless MNR is satisfied that no Bobolink are using the Solar Park Project Area and approves the work;
- During regular operation of the solar park all activities shall be undertaken within the boundaries of the Solar Park Project Area;
- Areas of short term disturbance (i.e. electrical trenching, lay-down area) shall be restored immediately following construction;
- Areas of long term disturbance (i.e. access roads, transformers and panel bases) will be restored to hayfield following decommissioning of the Solar Park Project Area.
The permit requires Ontario Solar PV Fields GP 1 Inc. as the general partner of Ontario Solar PV Fields 1 Limited Partnership to undertake a number of actions to achieve an overall benefit to Bobolink, within a reasonable time, including:
- Securing a minimum of 21.9 hectare of suitable potential Bobolink habitat and maintaining, enhancing and managing it as high quality Bobolink breeding and foraging habitat (the “Overall Benefit Area”) for the duration of the solar photovoltaic facility;
- Commissioning a scientific literature review to be completed by a qualified professional of best available literature and nest record databases to assess the phenology of Bobolink in the Northwest Region of Ontario;
- Implementing a monitoring program to assess the use of the Overall Benefit Area by Bobolink.
In addition, the permit requires Ontario Solar PV Fields GP 1 Inc. as the general partner of Ontario Solar PV Fields 1 Limited Partnership to:
- Submit to the MNR technical reports, and corresponding digital data, summarizing the results of the required monitoring program.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-6209) 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 RE Solar Park Construction - Wainwright (ER number: 011-6209) .
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.
