Subject: Policy No.: New: Ministry of Natural Resources Ministère des Richesses naturelles Licence Applications: Natural Environment Report Standards A.R. 2.01.07 Yes Compiled by Branch: Section: Date Issued: Lands & Waters Aggregate & Petroleum Resources March 15, 2006 Guiding Principles The purposes of the Natural Environment report are to determine the presence of significant natural heritage features/areas and fish habitat in accordance with the Provincial Policy Statement 2005 (PPS 1 ), and to ensure that any necessary preventative, mitigative or remedial measures are undertaken for their protection. Policy For sites located within the Oak Ridges Moraine Conservation Plan Area, the Greenbelt Plan Area and the Niagara Escarpment Plan Area, this policy should be read in conjunction with A.R. 5.00.00, A.R. 5.00.01 and A.R. 5.00.02. All Natural Environment reports must be prepared by a person with appropriate training and/or experience in the identification of fish habitat and significant natural heritage features/areas. Each report must include the qualifications and experience of the individual(s) that have prepared the report and be signed by the author. A Natural Environment Level 1 report determines whether one or more of the following features exist on-site or within 120 metres of the site: a) significant wetlands (including significant coastal wetlands); b) significant habitat of endangered and threatened species; c) significant Areas of Natural and Scientific Interest (ANSIs); d) significant woodlands (south and east of the Canadian Shield); e) significant valleylands (south and east of the Canadian Shield); f) significant wildlife habitat; and g) fish habitat. The person preparing the report is responsible for ensuring that consultation occurs with appropriate MNR and planning authority staff. As a pre-consultation service, MNR staff should provide any available background information (e.g. location(s) of wetlands, ANSIs, threatened and endangered species habitat and fish habitat) to those qualified individuals preparing the report. This information may be obtained from district files, the Natural Resources Values Inventory System (NRVIS) and the Natural Heritage Information Centre (NHIC). 1 This policy deals in a summarized fashion with the contents of the Provincial Policy Statement 2005 and should not be relied on as a substitute for the PPS. Policy A.R. 2.01.07 Page 1 of 9
The qualified individual must determine whether any of the above features exist during a site inspection/visit(s). Where there is a known presence of a feature based on existing information, or the site lies within the geographic range of a feature (e.g. endangered or threatened species) and the habitat is appropriate, the inspection must be carried out at a time when the feature would be expected to be visible, using good field observation and investigation practices. It is important to recognize that while some significant resources may already be identified and inventoried by official sources, the significance of others can only be determined after evaluation by the proponent/applicant. The Level 1 report must clearly conclude whether each of the features (a-g, above) exists on or within 120m of the site. The report also must provide sufficient information on the methodology and findings to substantiate the conclusions. If any of these features are identified, then an impact assessment (i.e. Natural Environment Level 2 report) is required to determine any negative impacts on the natural features or ecological functions, and any proposed preventative, mitigative or remedial measures. The Provincial Policy Statement (PPS), 2005 The PPS provides policy direction on matters of provincial interest related to land use planning and development. For the purpose of preparing the Natural Environment report(s), the definitions of significant for each of these features and for related terms (e.g., negative impacts and ecological function) are established by the PPS. The PPS addresses restrictions and prohibitions on development and site alteration within natural features/areas. Additionally, the PPS prohibits development and site alteration within adjacent lands to natural features/areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Adjacent lands are those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area (PPS, 2005). The extent of adjacent lands may be determined by the recommendations of the current version of MNR s Natural Heritage Reference Manual, or based on municipal approaches which achieve the same objectives. Adjacent lands are not synonymous with buffer areas, nor are they necessarily no-development zones. Impact assessments, however, may recommend mitigation measures such as the establishment of vegetated buffers (Natural Heritage Reference Manual, OMNR, 1999). Significant wetland A significant wetland is an area identified as provincially significant by the Ministry of Natural Resources (MNR) using evaluation procedures established by the Province, as amended from time to time. The MNR is responsible for determining which wetlands and wetland complexes (groups of individual wetland units which are functionally related in some important manner) are provincially significant, whether MNR or other qualified individuals conduct the evaluations. Wetlands are evaluated using the Ontario Wetland Evaluation System (OWES) Manual Policy A.R. 2.01.07 Page 2 of 9
(Northern or Southern), a science-based Provincial ranking system to identify provincially significant wetlands and wetland complexes. Information on the status of specific wetlands is available from the local MNR office. Unevaluated wetlands cannot be assumed to be non-significant unless agreed to by the local MNR office. If MNR cannot advise on significance through reconnaissance, it will advise the applicant regarding MNR s schedule to evaluate the wetland. The applicant can choose to wait until the MNR evaluation is completed or hire a trained wetland evaluator (trained in an MNRrecognized OWES training course) to carry out an evaluation based on the criteria and procedures outlined in the OWES manuals. In the latter case, MNR will review the wetland evaluation file to confirm the wetland boundary and status and ensure the evaluation was completed to OWES standards. The local planning authority may consider non-provincially significant wetlands to be regionally or locally significant. However, the applicant is not required to address these features within the Natural Environment report. The PPS states that development and site alteration shall not be permitted in significant coastal wetlands or significant wetlands in Ecoregions 5E, 6E and 7E (Section 2.1.3, PPS 2005). Additionally, development and site alteration shall not be permitted in non-coastal significant wetlands in the Canadian Shield north of those Ecoregions unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. (Section 2.1.4, PPS 2005) Significant Habitat of Endangered and Threatened Species Significant habitat of endangered and threatened species is the habitat, as approved by the Ministry of Natural Resources, that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of endangered species or threatened species, and where those areas of occurrence are occupied or habitually occupied by the species during all or any part(s) of its life cycle. The PPS states that development and site alteration shall not be permitted in significant habitat of endangered species and threatened species. MNR is responsible for the identification, assessment, and listing of provincially endangered or threatened species, as well as approving their significant habitat. Endangered and threatened species are shown on the Species at Risk in Ontario (SARO) List issued by MNR s Species at Risk Unit. The SARO list is based on the recommendations of the Ministry technical committee, Committee on the Status of Species at Risk in Ontario (COSSARO). For the most recent list, contact Biodiversity Section staff (Species at Risk Unit) or visit the MNR website at: http://www.ontarioparks.com/english/sar.html. While the SARO list differentiates between Endangered species that are regulated (END-R) under the Endangered Species Act and those that are not regulated (END), for the purposes of the Natural Environment Report(s) both status categories are considered Endangered. Information for mapping the significant habitat may be obtained from: MNR District natural heritage staff; Policy A.R. 2.01.07 Page 3 of 9
other MNR staff, recommended by the District, who sit on a recovery team or are knowledgeable about a specific Endangered or Threatened species; approved Recovery Strategy, Status Report or other instruction received from MNR District staff; Guidelines for Mapping the Habitat of Endangered and Threatened Species in Ontario, where available; or the Natural Heritage Reference Manual (1999) or its replacement. The Natural Heritage Information Centre (NHIC) compiles, maintains and provides information on rare, threatened and endangered species and spaces in Ontario. A geographic query can be used to identify generalized locations of species at risk in the study area (see NHIC website at http://nhic.mnr.gov.on.ca/nhic_.cfm). Many study areas will not have been thoroughly surveyed for Endangered and Threatened species, thus the NHIC web query may return null results. A potential list of Endangered and Threatened species for a study area can be generated from the NHIC website using the jurisdictional search for a District, Ecological Site District, or Municipality. Information on the current SARO List, and availability of information on listed species or habitat, recovery strategies or action plans should be requested from MNR staff. MNR staff will assist the proponent by reviewing the potential list of Endangered and Threatened species and recommend ones for which a survey must be undertaken to determine their presence or absence on site and will also advise on the MNR approval of significant habitat for endangered and threatened species. Due to the need to protect the endangered or threatened species, information requests are assessed by MNR on a case-by-case basis. The Freedom of Information and Protection of Privacy Act (FIPPA), Endangered Species Act and other legislation govern limited access that can be granted to records (specifically data and intellectual property). MNR will make information freely available except where there is a sound conservation, legislation or policy reason not to do so. Where a proponent/consultant is collecting information from MNR for the preparation of a Natural Environment report and the data is classified as sensitive, the proponent/consultant must meet with the Information Management Supervisor and District natural heritage staff to determine how MNR can release the information to the proponent/consultant. MNR will determine how the information should be presented in the report to protect the information during the public notification/consultation review process. In situations where the proponent/consultant has identified a species that is classified as endangered or threatened that has not previously been documented by MNR, the proponent/consultant should discuss this matter with the Information Management Supervisor and District staff prior to submission of the application package. MNR will determine how the information should be presented in the report to protect the information during the public notification/consultation review process. Other legislation which may apply: Ontario s Endangered Species Act (ESA): Protection is afforded to species listed in regulation under the ESA (referenced on the SARO list as END-R ). The ESA prohibits the wilful taking or harming of these species, or destroying or Policy A.R. 2.01.07 Page 4 of 9
interfering with their habitat. MNR will provide the applicant/landowner with available information pertinent to the ESA and the subject lands. Federal Species at Risk Act (SARA): The SARA protects all wildlife species (including aquatic species) and their critical habitat, where they are listed as Threatened, Endangered or Extirpated in Schedule 1 under the Act. SARA applies in the first instance to federal jurisdiction species (i.e. aquatic species or migratory birds) wherever they occur and those species and all other species on federal lands only. Therefore, where a federal jurisdiction species listed as Threatened, Endangered or Extirpated in Schedule 1 of SARA exists on or within 120m of the site, the report must consider protection of the species, residences and critical habitat. SARA protection for all other endangered, threatened and extirpated species may apply automatically to private and Crown lands if Section 80 (emergency order) or other sections referred to as safety net provisions are invoked. The SARA registry (http://www.sararegistry.gc.ca) lists current Residence Descriptions, Recovery Strategies, Action Plans, Management Plans, and Reports on Critical Habitat Protection. Under the SARA, critical habitat is defined as the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species critical habitat in the recovery strategy or in an action plan for the species. There is a transitional period for listed species where the species may be protected but not its critical habitat. This situation may arise where the critical habitat has not yet been identified, or the critical habitat has been identified but the recovery strategy or action plan has not been approved. Any proposed preventative, mitigative or remedial measures for a SARA protected species should be discussed with Environment Canada Ontario Region. Significant Areas of Natural and Scientific Interest (ANSI) A significant ANSI is an area identified as provincially significant by MNR. ANSIs are ranked by the MNR as being of either provincial or regional significance. For the purposes of the Natural Environment report, significant ANSIs include only those ANSIs identified as provincially significant. There are two types of ANSI s, a life science ANSI and an earth science ANSI. Life science ANSIs are significant representative segments of Ontario s biodiversity and natural landscapes including specific types of forests, prairies, valleys and wetlands, their native plants and animals, and their supporting environments. Earth science or geological ANSI s are significant representatives of bedrock, fossil and landforms in Ontario and includes examples of ongoing geological processes (Natural Heritage Reference Manual, 1999). The MNR has a data base of information and mapping on ANSIs. Information for each ANSI includes ANSI type, location, size, relationship to other ANSIs, vegetation, landform, current uses, historical uses, management details and lists of known rare species. General information and location of ANSIs can be found on the NHIC website (http://nhic.mnr.gov.on.ca/nhic_.cfm). Information obtained from the NHIC website should be verified with MNR District staff. Policy A.R. 2.01.07 Page 5 of 9
Significant Woodlands (south and east of the Canadian Shield) A significant woodland is an area which is ecologically important in terms of features such as species composition, age of trees and stand history; functionally important due to its contribution to the broader landscape because of its location, size or due to the amount of forest cover in the planning area; or economically important due to site quality, species composition, or past management history (PPS, 2005). The identification of significant woodlands is the responsibility of the municipal planning authority. Significant woodlands should be designated in the municipality s official plan and may be within a broader natural environment or greenlands designation. If within a broader designation, the municipality may rely on background information or technical mapping to delineate the significant woodlands component. Where the municipality has identified significant woodlands within the official plan and the woodland(s) on or within 120m of the site has not been ranked as significant, the applicant is not required to identify the feature in the Natural Environment Level 1 report. If MNR disagrees with the municipality s determination, MNR may provide information and offer technical advice on the feature to the municipality and the proponent, however, the municipal planning authority will make the final decision on significance. Where the official plan is silent on significant woodlands, the proponent should contact the municipality to determine if criteria have been developed for the identification of significant woodlands. In the event that the criteria have been developed but are not yet incorporated into the official plan, the proponent should seek direction from the municipality as to how to proceed in making the determination of significance. If the municipality has not established the criteria, the proponent should contact the local MNR office to determine if the MNR has information that a woodland has known potential to be significant. Where the woodland has known potential to be significant, MNR should provide the proponent with specific criteria to assess the significance of the woodland. In the event that the woodland does not have known potential to be significant, or MNR cannot provide criteria for evaluation, the applicant is not required to identify the feature in the Natural Environment Level 1 report. Significant Valleylands (south and east of the Canadian Shield) A significant valleyland is a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year that is ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area or natural heritage system (PPS, 2005). The identification of significant valleylands for purposes of the PPS is the responsibility of the municipal planning authority and they are normally identified in the municipality s official plan. Where the municipality has identified significant valleylands within the official plan and the valleyland(s) on or within 120m of the site have not been ranked as significant, the applicant is not required to identify the feature in the Natural Environment Level 1 report. If MNR disagrees with the municipality s determination, MNR may provide information and offer technical advice on the feature to the municipality and the proponent, but the municipal planning authority will make the final decision on significance. Policy A.R. 2.01.07 Page 6 of 9
Where the official plan is silent on significant valleylands, the proponent should contact the municipality to determine if criteria have been developed for the identification of significant valleylands. In the event that the criteria have been developed but are not yet incorporated into the official plan, the proponent should seek direction from the municipality as to how to proceed in making the determination of significance. If the municipality has not established the criteria, the proponent should contact the local MNR office to determine if the MNR has information that the valleyland has known potential to be significant. Where the valleyland has known potential to be significant, MNR should provide the proponent with specific criteria to assess the significance of the valleyland. In the event that the valleyland does not have known potential to be significant, or MNR cannot provide criteria for evaluation, the applicant is not required to identify the feature in the Natural Environment Level 1 report. Significant Wildlife Habitat Wildlife habitat' means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or nonmigratory species (PPS, 2005) Significant wildlife habitat is that which is ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area or natural heritage system (PPS, 2005). Further information on significant wildlife habitat can be found in the Natural Heritage Reference Manual (OMNR 1997) and the Significant Wildlife Habitat Technical Guide (OMNR 2000). The identification of significant wildlife habitat for purposes of the PPS is the responsibility of the municipal planning authority. Significant wildlife habitat should be designated in the municipality s official plan and may be within a broader natural environment or greenlands designation. If within a broader designation, the municipality may rely on background information or technical mapping to delineate the significant wildlife habitat component. Where the municipality has identified significant wildlife habitat within the official plan and the habitat on or within 120m of the site has not been ranked as significant, the applicant is not required to identify the feature in the Natural Environment Level 1 report. If MNR disagrees with the municipality s determination, MNR may provide information and offer technical advice on the feature to the municipality and the proponent, however, the municipal planning authority will make the final decision on significance. Where the official plan is silent on significant wildlife habitat, the proponent should contact the municipality to determine if criteria have been developed for the identification of significant wildlife habitat. In the event that criteria have been developed but are not yet incorporated into the official plan, the proponent should seek direction from the municipality as to how to proceed in making the determination of significance. If the municipality has not established the criteria, the proponent should contact the local MNR office to determine if MNR has information that the wildlife habitat has known potential to be significant. Where the wildlife habitat has known potential to be significant, MNR should provide the proponent with specific criteria to assess the significance of the wildlife habitat. In the event Policy A.R. 2.01.07 Page 7 of 9
that the wildlife habitat does not have known potential to be significant, or MNR cannot provide criteria for evaluation, the applicant is not required to identify the feature in the Natural Environment Level 1 report. In addition to areas of significant wildlife habitat identified within a municipal official plan, consideration must be given to nests, dens, shelters or habitat that is protected under federal and provincial legislation, such as the federal Migratory Birds Convention Act and the provincial Fish and Wildlife Conservation Act. Migratory Birds Convention Act (MBCA) http://laws.justice.gc.ca/en/m-7.01/index.html Section 6 of the federal MBCA and regulations prohibits the disturbance, destruction or taking of a nest, egg, nest shelter, eider duck shelter or duck box of a migratory bird, except under the authority of a permit issued under this Act. Fish and Wildlife Conservation Act (FWCA) http://www.e-laws.gov.on.ca/dblaws/statutes/english/97f41_e.htm The FWCA provides protection to game wildlife, specially protected wildlife, and the nests and eggs of a bird that is wild by nature. The protected species are listed in eleven schedules at the back of the Act and species can be added to these schedules by regulation. There is also protection in the Act for the following: The nests or eggs of a bird that belongs to a species that is wild by nature. The intent of this legislation is to prevent the destruction of active nests/or eggs. (This does not apply to the nests or eggs of migratory birds that are subject to the MBCA or an American crow, brown headed cowbird, common grackle, house sparrow, red-winged blackbird or starling) The dens of furbearing mammals other than a fox or skunk. The den of a black bear. Fish Habitat Section 2 of the federal Fisheries Act defines fish as parts of fish, shellfish, crustaceans, marine animals and any parts of fish, shellfish, crustaceans or marine animals, and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, crustaceans and marine animals. Section 34 of the federal Fisheries Act defines fish habitat as spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes. MNR, the Department of Fisheries and Oceans (DFO) and the Conservation Authority (CA) share the responsibility for fish and fish habitat under sections 2 and 34 of the federal Fisheries Act. Unlike all of the other features that must be identified in the Natural Environment report, fish habitat does not have to be significant. The applicant must determine whether or not there is any fish habitat present on-site or within 120 metres of the site, and if so, a Level 2 report must be prepared. The report should include: a description of the existing habitat and fish communities (i.e. species names), at, or near, the site; and evaluate the potential impact on fish Policy A.R. 2.01.07 Page 8 of 9
and fish habitat, and how the applicant proposes to reduce or compensate for any alteration of habitat, if applicable. In accordance with The Fish Habitat Referral Process in Ontario (see Appendix F), where fish habitat is identified, the application must be circulated to the CA or DFO for review with respect to the protection of fish habitat under section 35 of the federal Fisheries Act, In general, if fish habitat is identified, MNR may comment as to the presence of habitat, but is not authorized to assess any impacts to the habitat or mitigation requirements unless requested by DFO/CA. MNR will have additional responsibilities if approvals are required under the Lakes and Rivers Improvement Act, Public Lands Act or Environmental Assessment Act (i.e. disposition of a Crown resource). MNR also maintains a mandate for the fisheries resource and may comment with respect to fishing opportunities, fish migration, stocking, etc, as appropriate. MNR's role is to provide the applicant, DFO and the CA, with any known information with respect to the location, quantity and quality of fish habitat, including fish species distribution, habitat mapping and assessment, inventory data, and recovery or management plans; and to review the information provided by the applicant. DFO, or the CA, may review the application for possible impacts on fish habitat and to ensure measures are proposed to minimize those impacts, and either issue a letter of advice on ways to avoid or minimize damage (i.e. redesign, relocate), issue an authorization or deny the authorization. The guiding principle for the management of fish habitat is no net loss of productive capacity of habitats. Under section 35 of the federal Fisheries Act, only the Minister of Fisheries and Oceans may authorize the Harmful Alteration, Disruption or Destruction (HADD) of fish habitat. An authorization under subsection 35 (2) of the federal Fisheries Act must first undergo a review under the federal Canadian Environmental Assessment Act (CEAA) to assess impacts. Policy A.R. 2.01.07 Page 9 of 9