Terms of Reference

Information Components to Inform Section 73 of the Species at Risk Act for Redside Dace (Clinostomus elongatus) and Silver Shiner (Notropis photogenis) and Review of the Proposed Cumulative Effects Assessment Framework - Ontario Highway 413 Project

Regional Peer Review - National Capital Region

September 9-10, 2024

Virtual meeting

Chairperson: Emma Hodgson

Context

The Ministry of Transportation Ontario (MTO; the Proponent) is proposing to develop the Highway 413 Project (the Project), a highway located northwest of the Greater Toronto Area. The Project is anticipated to contain approximately 97 stream or watercourse crossings through the 16 Mile Creek, Credit River, and Humber River watersheds in the municipalities of Vaughan, Caledon, Brampton, and Halton Hills, Ontario. Approximately 20 of the proposed watercourse crossings are in or upstream of areas that contain Redside Dace (Clinostomus elongatus; Species at Risk Act [SARA] Schedule 1: Endangered; DFO 2019) and/or Silver Shiner (Notropis photogenis; SARA Schedule 1: Threatened; DFO 2013) based on Fisheries and Oceans Canada’s (DFO) current understanding of the Project. The Project was originally subject to an Impact Assessment pursuant to the Impact Assessment Act; however, following a judicial review, a Canada–Ontario Memorandum of Understanding on the Assessment of Effects in Areas of Federal Jurisdiction of the Highway 413 Project was formed.

Under Section 73 (s.73) of the federal SARA, the competent Minister may enter into an agreement authorizing an activity affecting a listed wildlife species, or any part of its critical habitat or the residence of its individuals, if the Minister is of the opinion the activity will not jeopardize the survival or recovery of the species, among other pre-conditions. To fulfill this specific condition, DFO must evaluate the potential for the Project to exceed the scope for allowable harm. It is the proponent’s responsibility to provide the necessary information to allow DFO to determine whether the pre-conditions of s.73(3) have been met. DFO’s Fish and Fish Habitat Protection Program (FFHPP) and Species at Risk Program (SARP) are concerned about the potential for direct mortality of individuals and/or the harmful alteration, disruption or destruction of fish habitat, as well as critical habitat, and how such impacts may compromise the recovery of Redside Dace and Silver Shiner. As a result, FFHPP and SARP have requested DFO Science to identify the information components to be submitted by, and data sources that could assist, the Proponent to allow DFO to make a determination about the project as it relates to s.73(3) pre-conditions that builds on past relevant publications (DFO 2022a,b, 2024, Government of Canada 2010, 2021).

In addition, the Proponent has provided a proposed cumulative effects assessment (CEA) framework (Ontario Ministry of Transportation 2023). FFHPP has requested a Science review to assess the adequacy of the cumulative effects assessment framework proposed by the Proponent.

Objectives

There are two sections to the request for science advice under this process. The first includes the information components for a jeopardy assessment and the second includes a review of the proposed CEA framework.

The objective of the jeopardy assessment information component review is to:

1. Identify the information components and known datasets that would support DFO’s assessment of the federal SARA s.73(3) pre-conditions for Redside Dace and Silver Shiner for this Project.

The objectives of the cumulative effects framework review are to:

2. Assess the quality and adequacy of the framework presented, and determine if any relevant components within the steps outlined are missing or require modification.
3. Provide recommendations for additional components to assess cumulative effects on fish and fish habitat, including Redside Dace and Silver Shiner.

Expected Publications

• Science Response

Expected Participation

• Fisheries and Oceans Canada (DFO) Science, Fish and Fish Habitat Protection Program, Species at Risk Program sectors.
• Ontario Ministry of Natural Resources (MNR)
• Academia

References

• DFO. 2013. Recovery Potential Assessment of Silver Shiner (Notropis photogenis) in Canada. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2012/068.
• DFO. 2019. Recovery Potential Assessment of Redside Dace (Clinostomus elongatus) in Canada. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/012.
• DFO. 2022a. Recovery Strategy and Action Plan for the Silver Shiner (Notropis photogenis) in Canada. Species at Risk Act Recovery Strategy Series. Fisheries and Oceans Canada, Ottawa, ON. vii + 47 p.
• DFO. 2022b. Science Advice to Support the Components of a Jeopardy Assessment Framework for Permitting under the Species at Risk Act. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2022/036.
• DFO. 2024. Recovery Strategy and Action Plan for the Redside Dace (Clinostomus elongatus) in Canada. Species at Risk Act Recovery Strategy Series. Fisheries and Oceans Canada, Ottawa. vi + 110 pp.
• Government of Canada. 2010. The Species at Risk Act Environmental Assessment Checklists for Species Under the Responsibility of the Minister Responsible for Environment Canada and Parks Canada. Support Tool for the Required Information Elements Under the Species at Risk Act for Environmental Assessments Conducted Under the Canadian Environmental Assessment Act. Species at Risk Act Policy and Guideline Series. Environment Canada and Parks Canada, Ottawa, ON. ii +15 p.
• Government of Canada. 2021. Guidelines for Permitting Under Section 73 of the Species at Risk Act. Species at Risk Act Policies and Guidelines Series. Government of Canada, Ottawa, ON. 11 p.
• Ontario Ministry of Transportation. 2023. Draft Highway 413 - Cumulative Effects Assessment Framework. Report prepared by AECOM Canada Ltd. and WSP. Ontario Ministry of Transportation, Toronto, ON. vi + 46 p.