Canadian Solar-2237116 Ontario Corp.-FotoLight LP, Solar Facility Construction - Carrying Place

Proposed Authorization under Ontario’s Endangered Species Act, 2007

 

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: Canadian Solar-2237116 Ontario Corp.-FotoLight LP
Project: Solar Facility Construction - Carrying Place
Location: Prince Edward County
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Species:
  • Bobolink (Dolichonyx oryzivorus)
  • Eastern Meadowlark (Sturnella magna)
Sector: Renewable energy
Environmental Registry Number: 011-6966
Permit Proposal Status: Proposal development and review
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.

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.

 

Environmental Registry Posting:

 

Canadian Solar 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 and Eastern Meadowlark in order to construct and operate a 10 megawatt solar power facility on approximately 61 hectares of privately owned land on part Lots 17, 18, 120 and 121, Concession East of Carrying Place in Prince Edward County.

The proposal to construct and operate a 10 megawatt solar power facility has the potential to adversely affect Bobolink and Eastern Meadowlark habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Bobolink and Eastern Meadowlark.

Bobolink and Eastern Meadowlark are listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as Threatened.

Habitat protection under the ESA applies to Bobolink and Eastern Meadowlark (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.

Canadian Solar is proposing to construct and operate a 10 megawatt solar power facility on a 61 ha parcel in Prince Edward County for the purpose of generating electricity. The solar power facility is proposed to be located within Bobolink and Eastern Meadowlark habitat. Canadian Solar has applied for an overall benefit permit under clause 17(2)(c) of the ESA for the purpose of developing a solar power facility that will affect Bobolink and Eastern Meadowlark habitat.

Reasonable alternatives are being 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 members of Bobolink and Eastern Meadowlark may include:
- Conducting vegetation removal and construction activities outside of the breeding bird season, when Bobolink and Eastern Meadowlark would not occur on the site (i.e. August 1st to April 1st )

Potential approaches to achieve an overall benefit for Bobolink and Eastern Meadowlark may include:
- Securing and actively managing an area for a period of 20 years (life of the project), to create and maintain suitable Bobolink and Eastern Meadowlark habitat equivalent in size to the area adversely effected by the activity.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.

 

Comment On This Project

 

To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-6966) 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 Solar Facility Construction - Carrying Place (ER number: 011-6966) .

 

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.