Poirier.

Chantal [NCR]
From:
Sent:
To:
Milburn-Hopwood,Sue [NCR]
March l, 2014 6:02 PM
Beale,Mike [NCR]
Subject: FW: Urgent - WCF
Attachments: WCF Emergency Order MTM info (3).docx
Don't know if you want to review before this cornes to you officially Monday. This is what 1 am proposing. Sue
From: Milburn-Hopwood,Sue [NCR]
Sent: March 1, 2014 6:01 PM
To: Mclean,Robert [NCR]; Gaydamack,Natasha [NCR]
Cc: Taylor,Mary [NCRJ; Houle,Patricia [Quebec]; Sousa,Michael [NCR]
Subject: Urgent - WCF
As you will have seen in the email exchanges we are to proceed with a MTM for lnfo. 1 talked with Mike today and he
wants a letter and note along the lines we discussed earlier in the week.
1 have drafted what 1 think we should send. Mike wants to see Monday morning before he leaves for Europe.
Can you please review over the weekend and get back tome with any changes.
We can discuss any concerns Monday morning before 9:30 as we are meeting with the DMs at 9:30 re recovery
strategies.
Sue
From: Mclean,Robert [NCR]
Sent: February 28, 2014 6:13 PM
To: Gaydamack,Natasha [NCR]
Cc: Taylor,Mary [NCR]; Milburn-Hopwood,Sue [NCR]; Harris,Ken [NCR]; Houle,Patricia [Quebec]; Sousa,Michael [NCR]
Subject: WCF
Natasha,
Further to your call earlier today, 1 revised the MTM and drafted a couple of letters (all in the one
Word doc). Not sure l'm happy with everything l've done and am still thinking through the issues.
Hope you have a great weekend!
B
<<File: WCF Emergency Ortler MTM info.docx>>
1
MIN-175318
MEMORANDUM TO MINISTER
THE WESTERN CHORUS FROG
(GREAT LAKES/ST.LA WRENCE-CANADIAN SHIELD POPULATION) AND
A PROPOSED RESlDENTIA.L DEVELOPM.ENT IN QUEBEC PETITIONS
REQUESTING THE USE OF AN EMERGENCY ORDER UNDER THE . . ..
_PECIES AT RISK ACT ________________________________________________ -: _It_a __
(For Information)
PURPOSE
To provide information with respect to the Western Chorus Frog (Great Lakes/St. Lawrence-
Canadian Shield population) and petitions requesting that an emergency order be issued to
provide protection for the Western Chorus Frog in La Prairie. located on the south shorn of
Montreal. a-prepesed--residenal-de'i'el-Opmettt--fn-la--\l.il4-e--de-la-:Prai14e;-Ql:lebee
SUMMARY
As you were informed in December 2013 (MIN-167227) your predecessor received 3
petitions requesting that he recommend to the Govemor in Council (GiC) that an
Emergency Ortler be issued pursuant to Secj:ion 80 of the Species at Risk Act to provide
for the Western Chorus Frog's protection in La Prairie, located on the south shore of
Montreal. The petitioners state that a proposed residential real estate development
project would harm the species and its habitat in one of the local populations ofthis
specietr.
In mid February_lt is e}(pected that the province ofQuebec-_wi+l:-authorize_l work to
relocation a stream in the La Prairie area. It is expected that the authorizations for the
infrastructure aspects of the real estate development project will follow within the next
few months and to proceed in the very near future, and it is }(pected that the project
OOl:lkl-will be initiated shortly after. immediately following the authorization (MIN
176618).
It is anticipated that media 'Nil! contiaue to report on the proposed development and its
impaet--01'1--W-esteni-C-hcH'Us-Freg-.-Media-lffies-are--a-vatJ.abl:e-and-will-be-rev-i-s<*i-as
appropriate.
The department does not feel that the destruction of the habitat for the Western Chorus
Frog in La Prairie constitutes a threat to the survival and recovery of the species.
It is recommended that you send a letter to the petitioners indicating that the
department's view is that this development does not pose an imminent threat to the
survival and recovery of the __________ F?nt: Italie_____ __ _ _ _J
responding te the organization and two individuals
1
.vho requested an Emergency Order. Font: Not Italie . !
There has been recent media attention _____ __ ./{ Formattecl: ---
and the inaction by the federal and provincial govemments to protect the Western
Chorus Frog. It is anticipated that media will continue to report on the proposed
development and its impact on Western Chorus Frog. Media lines are available and will
be revised as needed.
,_ __________________________________ __, ..... ---{FOfmattecl: No bullets ornumbering
CURRENTSTATUS
Jhe Western Chorus Frog is a small lfillP-hibian approximately 2.5 cm long which @p_roduces in
temporary wetlands. The species is particularly vulnerable to changes in surface water drainage
patterns and requires a territory comprised ofvaried terrestrial habitats and a clust.er of_temporary
wetlands.
The 2008 status repo1t prepared by the Committee on the Status of Wildlife in Canada
(COSEWIC) for the Western Chorus Frog describes declines ofapproximately 40% over a 10-
year period both in Quebec and Ontario. The current population is small and is exposed to
ornwing losses of habitat and breeding sites due to suburban expansion and alteration in farming
practices, which have resulted in losses of populations and isolation ofrernaining habitat patches.
The species s found in Quebec and Ontario. The direct management of the Western Chorus Frog
is under provincial jurisdiction except where the species occurs on federal lands.
'.!*The province of Quebec intends to authorize the municipality of La Prairie in-I<'.ebRtaFj'-Wl4
to build utility infrastructures and to conduct work in wetlands for a residential real estate
development project called "Bois de la Commune" that involves the construction of about 1,200
residental units on 40 hectares. A pr!lp8!l. gARA fiHrnvery strntgy :ffir tkis speeies has 1rnt
CONSIDERATIONS
Section 80 of SARA provides the federal government with the authority to make an emergency
order to protecta liste!_fil2ecies. The specfic wording_ in the act is_as follows:
Gp_yernor in Council may, on the recommendation of the competent
make an emergency order to provide for the protection of a listed wildlife species.
(2) The competent minister must make the recommendation ifhe or she is of the opinion
that the species faces imminent threats to its survival or recovery.
The current threat to the species relates to habitat destruction continuing across the species'
range in Quebec and Ontario due to suburban expansion and alteration in fanning practices.
Although the decline of the Western Chorus Frog across all ofsouthern Quebec and Ontario can
be classified as biologically serious and sudden, Environm.ent Canada concludes that no actions
are contemplated at the La Prairie site that threaten the continued existence of the species
elsewhere in Canada and thus did not find an inuninent threat to the survival and recovery of the
Western Chorus Frog in Canada that would be attributable to this development.
"---------------------------------------------------------------------------------------------------------------------------------------{ Formatted: English (Canada)
An Emergencv Order applying to one specific development on one specific site wlI not address
the threats at the scale of the range of the species. Rather. once the recovery strategy and. critical
habitat are fonnally identified, the SARA process should be carried out to ensure a 1?tate of
overall protection of critical habitat for W estem Chorus Frog.
.._ _ ----- ---------- --- -.. - -- -- -- --- -- ---- --- ----- ---------- - -- - - -- -- - -- ----- --- ----------- ---------------- -- - - - --------.. - - -- --- ------ -----
__ .-<{ Formatted: English (U.S.)
A proposed recovery strategy containing information about critical habitat for Western Chorus
;Frog.i_n_ow ref!flY...trLQLJ1osted on _the Species at Risk Pu)Jlic Registry. A CQP-Y oft!it;'.JJJ:9-P-9Se!
Recove1y Strategy will be sent to yom office for review prior to posting it. Environment Canada
worked with the 12rovincial governments of Quebec and Ontario to develop the 12rgp_oseq
recoverv strategy.
The critical habitat is partially identified in the proposed recovery strategy. It has been identified
both in Quebec and in Ontario on federal protected areas, on other federal lands, and on non-
federal lands. A total of260 critical habitat parcels covering approximately 33 048 ha will be
proposed in the recovery strategy, including 211 parcels in Ontario (16 793 ha) and 49 parcels in
Quebec (16 275 ha). The development project in La Prairie would likely destroy attributes of the
proposed critical habitat in an area covering approximately 100 to 150 ha on private lands.
+c-.--, Formatted: Level 1, Don't hyphenate,
Tab stops: -1.27 cm, Left J
--- - - 'i:1ria<la1a5v .. 'iifectviiti.1 o;-i1 ----{ Formatted: English cu.s.) l
te-dev-ek.lp-a-prepesed-receveey--sffatef:,>y-fer-t.ls-speei:es,lwwev&,it-ts-net--y-e}-post-e--t>n--the-SAR
Publio Registry. The legal due date for the Strategy was Fehruary 23,
prepesed SARA for this species-has-net-beer1--p<:>sted-aat:!:-as-sueh-n0-0rit.f0al
NEXTSTEPS
lt is r:ecommended that you send letters to the petitioners indicating Environment Canada
do not 1?.S<Ueve t]lat the development poses an imminent threat to the
of the species in Canada. Draft letters are attached for your consideration.
The Department will continue work to complete the recovery strategy and to identify W estem
Chorus Frog critical habitat in Quebec and Ontario, and then work with the Province of Quebec
and other partners to ensure the downstream protection ofthat critical habitat, as per the
requirements of SARA.
The Depmtment will respond te the organiz;ation and individuals who requested an Emergency
Grder.
Communications has been engaged and updated Media Lines on the W estem Chorus Frog issue
will be developed as required.
Bob Hamilton
Deputy Minister
c.c. Andrea Lyon
Andrea Lyon
Associate Deputy
Minister
c.c. Bob Hamilton
Dear
Thank you for your letter of .... requesting an emergency protection order to protect the \Vestern
Chorus l''rog and its habitat ftom a proposed residential development in la Ville de la Prairie,
Quebee. Departmental officiais .vll be responding soon to your request.
l am pleased te advise that a proposed recovery strategy for the Western Chorus Frog is nearing
completion and \Yill be posted on the Species at Risk Public Registry this spring.
Thank you for your interest in the environment and the protection ofspecies at risk.
Best wishes,
Minister
Thank you Jor vour letter of .... to my predecessor, Peter Kent requesting an emergency
th Chorus Frog and its habitat from a PIQP.illled rn9Jg11tial
development in la Ville de la Prairie, Quebec.
Thank you for your letter of ... addressed to the Honourable Leona Aghtkkaq, Minister of the
Environrnent, requesting an en1ergency protection order to protect the Western Chorus Frog and
its habitat from a proposed residential development in la Ville de la .Prairie, Quebec. Minister
Aglukkaq has asked that I respond on ber behalf.
Environment Canada officiais have reviewed your reguest. The cun-ent threat to the species
relates to habitat destruction continuing across the specis' range in Quebec and Ontario due to
suburban expansion and alteration in fanning practices. Although the decline of the Western
Chorus Frog across all of southern Quebec and Ontario can be classified as biologically serious,
Environrnent Canada concludes that actions contemplated at the La Prairie site do not threaten
the contnued existence of the species elsewhere in Canada and thus did not find an imminent
threat to the survival and recovery of the Western Chorus Frog in Canada that would be
attrbutable to ths development.
Thank you for your interest in the protection and conservation of the Western Chorus Frog.
In-oonsi<leFi-ng4his-mmteF;-fulv-ire1ltHeflt'-Canaa-has-t-ak'Ofl-i.fl.t&aeeoant-a)-the-e:lC.fs-ng-t:J:1reats-and
protection measures for the Western Chorus Frog in Canada, and then b) the role that stopping
AJ.tt1EH:1gh-the-decli-ne-at-tbe-Bois-cle-l-a-Ce-mml:lfl-e-stte-in-ba-Pra-ir-ie-and-across all okEmt:flern
Quebec and Ontario can be classified as biologically serious and sudden, Environment Canada
concludes that no actions ore contemplated that thFeaten the continued existeace of the species
elsewhere in Canada and thus did not find an imminent threat to the survival of the Western
Chorus Frog in Canada that would be attributable to this developmeat should it not be stopped.
Sin1iJm4y,-the-I)epat-imel-lkIBnekltles-that--there-i-s--t:ie-eleal'-imminent-tlweat-te-th:e-reeov-et:y-efccfhe
'Nestern Chorus Frog in Canatla that would be attributable to this one tlevelopment should it not
be stopped. V/bile iliere is a serious, sudden decline in the species' overall population that is
anticipated to continue unless immediate protective actions are taken across the entire rm1ge of
the speoies, it is net conclusive that the loss ofapproximately 10% of the candidate critioal
habitat ofthis one local population of the Western Chorus Frog at the Bois de la Commune site
at La Prairie is of such a scale of significance that it would threaten the recovery po-tential of the
ernire speeies.
This eonclusion sh:ould not be interpreted te mean that the potential destruction ofthis habitat
has either a positive or even benign effeet on the affected local population ofthis species. 8uch
unmitigated impacts are negative and pose a threat te the reoovery/survival of the speoific local
population at Bois de la Commune, 'Nhich is an important population centre for the speoies
overall. However, aven taking that into eonsideration, it is very diffieult to conolude that the
scal.e impact at Bois de la Commune \Vould be suoh tllat the chance that reoovery of the
Fhe-eur-rent--t-hreaHelat:es-to--habitat-destru.-Otien-.eentirrning-acress-the-speae&!--mnge-in-Quebee
and Ontario ue te suburban expansion and alteration in farming practiees. An Order QiJp.lying to
ene-spe6ffic-evelopmenteH-0ne-Bpeei.fi&site-will-not--addr-ess-tl-lat'-threat-aHhat-seale.-R-athe1';
once the reeovery strategy and oritioal habitat are formally identi.fied, the SARA proeess of
ensul'ing-a-s:tate-efover-al-l-preteetion-of.critieal-J.1abitat-wiU-eHahle-a-4ee4sien-t1lat'-op-Or-ates-aHhe
appropriate scale (i.e. species wide). The Department plans to post the proposed reeovery
st1'ate-gy--for-Westet'n-Gh0rus-P-rog-this--spFing.
Thunk you for your interest in the protection 1md conservation of the Western Chorus Frog.
Y ours sineerely
/\DM or DM