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: | Georgian College of Applied Arts and Technology |
|---|---|
| Project: | Orillia Campus Student Residences |
| Location: | Orillia See location on Google Maps  |
| Species: |
|
| Sector: | Construction or development |
| Environmental Registry Number: | 011-7020 |
| 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:
Georgian College 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 Butternut by Georgian College in order to construct student residences in the City of Orillia.
The proposal to construct student residences has the potential to adversely affect Butternut. The proposed permit conditions would provide benefits that exceed the adverse effects on Butternut.
Butternut is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 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 the ESA does not apply to Butternut, but is planned to be phased in over the coming years (subsection 10(1)).
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 in Ontario. 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.
Georgian College is preparing to construct three residence buildings and associated infrastructure on their Orillia Campus located at 825 Memorial Avenue in the City of Orillia. The construction of the residences also required the relocation of the main campus access road to accommodate the new buildings. Twenty seven (27) retainable Butternut trees were located as site preparation commenced in the spring of 2012. As a result, 24 of the Butternut require removal and 3 will remain in situ but will be adversely affected in order to complete the project.
Reasonable alternatives have been considered, including ones that would not adversely affect the species, and may include:
- Conducting the activity 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 alternatives that address adverse effects (short or long term) on the species and habitat present on and/or surrounding the proposed activity location.
Potential approaches to minimize adverse effects on individual Butternut may include:
- Avoiding the removal of retainable Butternut trees to the extent possible
- Mitigating impacts on retainable Butternut which will not be removed but may be adversely affected during construction by using buffer areas, signage and fencing to protect the Butternut from additional adverse effects.
Potential approaches to achieve an overall benefit for Butternut may include:
- Planting replacement Butternut trees
- Transplanting Butternut seedlings where possible
- Collecting seed from Butternut trees on site where possible
- Placement of educational signage at the replacement planting site
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:
The following is being considered:
Reasonable alternatives, including alternatives that would not adversely affect Butternut, have been explored. The best alternative, which was adopted, includes developing the project on lands already selected. This location was selected via an assessment carried out in consultation with many agencies and interested parties, such as the local municipality, current and prospective students and provincial agencies. The project site is located on existing lands owned by Georgian College and a large portion of the site is already developed with roads and parking lots, which will be redeveloped to accommodate a portion of the project.
Reasonable steps to minimize adverse effects on individual Butternut include protecting and monitoring 4 retainable Butternut on the site and maintaining and monitoring 3 Butternut which will be harmed during construction.
Overall benefit for Butternut will be achieved within a reasonable time by planting 67 Butternut seedlings at a suitable location. The Butternut seedlings will be tended and monitored for a period of 5 years after they are planted. At the end of the 5 year monitoring period, a minimum of 34 Butternut are required to be alive to the satisfaction of MNR or additional seedlings will need to be planted.
Decision:
On November 1, 2012 the Minister of Natural Resources issued an overall benefit permit to Georgian College of Applied Arts and Technology under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Butternut in order to construct student residences at the Orillia Campus in the City of Orillia.
Reasonable alternatives to the proposal were considered, including alternatives that would not adversely affect the species. Alternatives considered included leaving trees in their current location. There were no feasible alternatives that would allow for the retention of all the Butternut trees given the final construction and development plan for the site. The best alternative was selected that would benefit Butternut and allow for the development plans to proceed. The best alternative, which was adopted, consists of:
• Developing the project site, using the current site location and layout to minimize effects on protected species and habitat.
• Compensating for the removal of and adverse effects to Butternut trees on the site by implementing an overall benefit plan.
• Tending and monitoring the planted Butternut seedlings for five years following their planting.
The permit requires Georgian College of Applied Arts and Technology to undertake a number of measures to minimize adverse effects on individual members of Butternut, including:
• Successfully avoiding 4 retainable Butternut trees by working around the trees.
• Emulating natural Butternut habitat conditions and planting the Butternut in a natural area that will be protected for the long term.
The permit requires Georgian College to undertake a number of actions to achieve an overall benefit to Butternut, within a reasonable time, including:
• Compensate for the removal or harm of 26 retainable Butternut saplings and seedlings by planting and tending 67 Butternut seedlings.
• Monitor 7 Butternut on the Orillia Campus that will remain on the site for five years after construction is complete.
• The newly planted Butternut would receive protection under the ESA and would result in increased diversity in the local gene pool and an increased reproductive potential for the species.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-7020) 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 Orillia Campus Student Residences (ER number: 011-7020) .
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.
