Written by Ian Crawford, Manager, Business Partnerships and Outreach, Ontario Ministry of Natural Resources

1. Biodiversity Offsets and Ontario’s
Endangered Species Act:
We built it, they came, and we can do better.

2. Ontario’s Endangered Species Act
Purpose
Identify species at risk based on
best available science and ATK
Protect species at risk and their
habitats, and promote the
recovery of species at risk
Promote stewardship activities to
assist in protection and recovery
of species at risk
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Features
Emphasizes science in making
decisions
Includes species and habitat
protection
Provides flexibility through tools such
as permits and agreements
Recognizes Aboriginal interests and
knowledge
Promotes stewardship activities
Includes strong enforcement
provisions

3. Protection tools
Agreements, Permits, Regulations
and Other Instruments
Stewardship Agreements
Permits (5 types) – Overall benefit
(Ontario’s Biodiversity Offset
model).
Aboriginal Permits and
Agreements
Instruments under other acts
Regulations for certain species
and activities when conditions are
followed
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4. Overall Benefit
Overall benefit to a protected
species
-undertaking actions that
contribute to improving
circumstances for the species in
Ontario
-is more than ‘no net loss’ or an
exchange of ‘like for like’
-is grounded in the protection and
recovery of the species at risk and
must include more than mitigation
measures for potential adverse
effects
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5. Overall Benefit – the first 6 years
-
-
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-
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Nearly 200 permits
Early negotiations regarding
Overall Benefit intense
Supported by species
recovery strategies, science,
research, Government
Response Statements
Over time common activities,
approaches became apparent
Butternut – planting ratio’s
10:1

6. Examples – aquatic species
•take steps to minimize effects to the
species and habitat
•provide a benefit to the species (e.g.,
plant native vegetation to improve water
quality)
•create and implement a mitigation plan
•monitor the effectiveness of the steps you
take to minimize effects on — and provide
benefit to — the species
•create and maintain a monitoring record
•report sightings of rare species
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7. Example grassland birds
•prepare and follow a habitat management plan
•create or enhance habitat, and manage that
habitat
•provide a written commitment to MNR that says
you will manage the habitat over time
•minimize effects to the protected species (e.g.,
put access roads outside the habitat)
•avoid activities that are likely to affect habitat or
the birds between May 1 – July 31 (e.g., do not
excavate land or plough fields during this time)
•prepare and maintain records that relate to the
work and the habitat
•report sightings of rare species (and update
registration documents, if needed)
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8. Eventually
-
Regulatory approach
to address common
permits:
-
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Aquatic species
Grassland birds
Some plants
Chimney swifts and
barn swallow

9. Then what happened
-
-
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We created a market
for stewardship
actions
Potential stewardship
became a commodity

10. The Market Grows
-
-
-
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Developers started asking us
to make connections
Creative MNR bio’s identified
priority habitat – created
catalogues
Commercial plant growers
started asking if they could
grow butternut
MNR launches our new web
site – data accessibility

11. Land stewards become entrepreneurial
Developers become environmentalists
-
-
-
Land owner interest in
making land available to
undertake stewardship
action has increased.
Land stewards becoming
more aware of the
opportunities
Side issues:
-
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Neighbour impacts
Safe Harbour
-
-
-
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Interest in formal
exchange mechanism
Developers seeking
creative solutions
Requests for financial
alternative to protection
Interest in conservation
banking
Using OB as a marketing
tool

12. Safe Harbour
-Encourages
landowners to
undertake conservation
measures,
-
-Does
Habitat restoration
Provision of overall benefit requirements
not attract additional
restrictions under the ESA as a
result of those conservation
measures, should they wish to
modify their land at a later date.
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