[All] Information re: Straburg Road Extension Public Info TONIGHT.

[Louisette Lanteigne]

Hello Everyone

Tonight is an openhouse re: Strasburg Road Extention, a project involving Jefferson Salamanders, fisheries etc. The openhouse takes place tonight from 6-8pm at Huron Heights Secondary School at 1825 Strasburg Rd in Kitchener. This is the 3rd public form regarding this Class EA schedule C process. 

In the public notice the city of Kitchener has clearly failed to disclosed what phase of the EA process we are in, stage 1,2,3,4 or 5 but once the preferred option has been identified to the public, citizens can proceed to contact the Environment Minister directly for a "Part II order request" which is a written request to the minister to call for a review of any outstanding environmental issues that may remain. In the attachments is a ministry document showing how to craft a Part II request for your reference. I got it from the following website here:  http://www.ene.gov.on.ca/environment/en/resources/STDPROD_082313.html

You can use this process to address any Class EA process that impacts sensitive ecological areas. ie: Road and infrastructure projects.  Part II orders can address risks to water features, fisheries, rare species etc.   

When it comes to the Endangered Species Act 2007 the most CURRENT LAW APPLIES. This provincial law cannot be "grandfathered" to an older, less protective version. The government deals with these matters as an immediate threat so current law stands. This information was confirmed to me by Senior MNR policy advisor Gail Jackson on October 6, 2011.  T

he Endangered Species Act protects threatened and endangered species and their habitats too. The definition of Jefferson Salamander habitat in Ontario according to the Endangered Species Act as consolidated on July 1 2011 states: 

Jefferson salamander habitat
28.  For the purpose of clause (a) of the definition of "habitat" in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the Jefferson salamander:
1. In the City of Hamilton, the counties of Brant, Dufferin, Elgin, Grey, Haldimand, Norfolk and Wellington and the regional municipalities of Halton, Niagara, Peel, Waterloo and York,
i. a wetland, pond or vernal or other temporary pool that is being used by a Jefferson salamander or Jefferson dominated polyploid or was used by a Jefferson salamander or Jefferson dominated polyploid at any time during the previous five years,
ii. an area that is within 300 metres of a wetland, pond or vernal or other temporary pool described in subparagraph i and that provides suitable foraging, dispersal, migration or hibernation conditions for Jefferson salamanders or Jefferson dominated polyploids,
iii. a wetland, pond or vernal or other temporary pool that,
A. would provide suitable breeding conditions for Jefferson salamanders or Jefferson dominated polyploids,
B. is within one kilometre of an area described in subparagraph i, and
C. is connected to the area described in subparagraph i by an area described in subparagraph iv, and
iv. an area that provides suitable conditions for Jefferson salamanders or Jefferson dominated polyploids to disperse and is within one kilometre of an area described in subparagraph i. O. Reg. 436/09, s. 1.

If the City or developers will knowingly encroach upon habitat areas, they have to utilize Endangered Species Act section 17 2 c)  to request permission from the MNR ministry to allow for the potential destruction of specimens during construction. In layman's terms, they need permission to kill or disrupt habitat. No land augmentations at all can take place without this permit. That is how the law is designed.

The law demands that there be a NET BENEFIT for the species. If one is killed, they must be replaced by two or more live specimens per kill AND they must expand on the delineated protected habitat area to assure the improved survival rates of the remaining specimens in the area. The provincial and federal government are bound by international treaty to meet their obligations to protect biodiversity and this law is to assure their responsibility towards conservation efforts are reasonably met.

The process to secure a kill permit must pass through several review agencies and Gail Jackson is one of the signing officers for this process. She states the application can take up to 7 years before a permit is issued. It  must be signed three times by various review agencies including  MNR staff, the deputy minister, the MNR ministers and others. Prior to the issuance of permit the request be posted on the Environmental Bill of Rights Registry for public comment.  ALL alternative designs submitted by city planners, developers AND the public can be reviewed at this phase and the decision that best balances needs of the threatened/endangered species and planning needs can be implemented. If there is no reasonable way to secure a net benefit of the species. the request will be denied. 

That's it in a nutshell. If you go to council this evening, bring a camera to photograph the displays for reference that can be submitted during a Part II request as evidence if need be.  See if a Part II order request is warranted and gather the data at this open house to support your claim and go from there.

Anytime you feel the need to voice concerns for threatened and endangered species, you should contact the Guelph MNR about the concern to give them the heads up. The contact person for this is Ian Thornton at (519) 826-4955.

Hope this helps!


Lulu :0)
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