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SPECIAL PROVISION - GENERAL
No. D-032B
PROTECTION OF SPECIES AT RISK AND WILDLIFE PROTOCOL
Section GC7.07, Maintaining Roadways and Detours, of the Modified OPS General
Conditions is supplemented by the following provisions:
The Endangered Species Act, 2007 (hereafter called “the Act”) came into effect on
June 30, 2008 under the Ministry of Natural Resources (MNR) and provides for the
protection of Species at Risk in Ontario. The Act requires protection of the endangered
and threatened species in Ontario. Screening for Species at Risk (SAR) is required at
locations of planned bridge or culvert renewals (including small culverts), gravel road
upgrades and sewer outfall locations. Where SAR are identified, specific restrictions
and requirements come into effect according to the Act.
Section 9 of the Act prohibits the killing, harming, harassing, taking, possessing,
transporting, collecting, buying, selling, leasing or trading or offering to buy, sell, lease
or trade of species listed as endangered, threatened or extirpated on the Species at
Risk in Ontario (SARO) List.
Section 10 of the Act prohibits the damage or destruction of the habitat of endangered
or threatened species that have general or regulated habitat protection under the Act.
Section 17 of the Act allows the Minister of Natural Resources to issue a permit to allow
an activity to be undertaken that would otherwise be in contravention of Section 9
and/or 10 of the Act.
Note to Designer: Select Option A – Permit Obtained or Option B – Registration with
MNR completed (no permit required) depending on which applies
Option A
The City of Ottawa has obtained a permit from the Ministry of Natural Resources, the
requirements and conditions of which are specified in this Special Provision and may
also be specified elsewhere in the Contract Documents. The Contractor shall obtain a
copy of the permit from the Contract Administrator and shall keep it on-site during the
life of the Contract and be in compliance with its requirements and conditions at all
times.
Option B
The City of Ottawa has registered the project with the Ministry of Natural Resources.
The Contractor shall obtain a copy of the record of Confirmation of Notice of Activity
from the Contract Administrator and shall keep it on-site during the life of the Contract
and be in compliance with its requirements and conditions at all times.
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The Contractor shall be in compliance with the prohibitions in Section 9 and 10 of the
Act in the event that any species listed in Table A is encountered during the Work.
General note to designer: This Special Provision should not be used to list species that
are only suspected of being present, if sufficient detail on mitigation measures cannot
be provided to make it reasonable for the contractor to be responsible for carrying them
out with no additional compensation. In such cases, encounters with species fall under
General Conditions Section GC 3.07 Delays such that the Contract Administrator must
be notified to determine an appropriate course of action.
The Contractor must be aware that the Act, and the individual species at risk, are
dynamic and subject to change.
References
This special provision refers to the following statutes, standards, specifications, or
publications:
Endangered Species Act, 2007, S.O. 2007, CHAPTER 6
ONTARIO REGULATION 230/08, SPECIES AT RISK IN ONTARIO (SARO) LIST
Note to designer: The designer may refer to publications in the References section from
the Ministry of Natural Resources or other agencies such as factsheets, procedural
protocols and training manuals, etc., that provide information on, but are not limited to,
the identification, behaviour and handling of Species at Risk and that may or may not
be required to be provided to the Contractor under a permit
Definitions
Endangered Species means a species that lives in the wild in Ontario but is facing
imminent extinction or extirpation and is listed in Schedule 2 of Regulation 230, SARO
List, under the Endangered Species Act.
Extirpated Species means a species that lives somewhere in the world, lived at one
time in the wild in Ontario, but no longer lives in the wild in Ontario and is listed in
Schedule 1 of Regulation 230, SARO List, under the Endangered Species Act.
General Habitat means, with respect to any endangered, threatened or extirpated
species of animal, plant or other organism which has general habitat protection under
the Act, an area on which the species depends, directly or indirectly, to carry on its life
processes, including life processes such as reproduction, rearing, hibernation, migration
or feeding and includes places in the area that are used by members of the species as
dens, nests, hibernacula or other residences, but does not include an area where the
species formerly occurred or has the potential to be reintroduced unless existing
members of the species depend on that area to carry on their life processes.
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Species at Risk - Wildlife Specialist Monitor means, as a minimum, an individual
with a technical or university degree specializing in ecology/biology, wildlife, or other
relevant discipline. The Species at Risk - Wildlife Specialist Monitor shall demonstrate
knowledge of relevant Ontario and federal environmental legislation, policies and
procedures as well as professional experience in conducting wildlife monitoring surveys,
identification of species at risk and their habitats, handling procedures for each species,
and implementation of mitigation measures.
Regulated Habitat means, with respect to a species of animal, plant or other organism
for which a habitat regulation is in force under the Act, the area prescribed by that
regulation as the habitat of the species and includes places within the prescribed area
that are used by members of the species as dens, nests, hibernacula or other
residences.
Species at Risk (SAR), for the purposes of this specification, means species listed in
Regulation 230/08, SARO List of the Endangered Species Act, as extirpated,
endangered or threatened and which therefore are protected under the Act.
Species of Special Concern means a species that lives in the wild in Ontario, is not
endangered or threatened, but may become threatened or endangered because of a
combination of biological characteristics and identified threats, and is listed in Schedule
4 of Regulation 230, SARO List, under the Endangered Species Act. Such species and
their habitat are not protected under the Endangered Species Act, but wildlife species
(including their eggs, where applicable) are generally protected by the provisions of the
Fish and Wildlife Conservation Act.
Threatened Species means a species that lives in the wild in Ontario, is not
endangered, but is likely to become endangered if steps are not taken to address
factors threatening to lead to its extinction or extirpation and is listed in Schedule 3 of
Regulation 230, SARO List, under the Endangered Species Act.
Scope of Work
The requirements of this Special Provision shall apply to the protection of Species at
Risk listed in Table A as specified:
Table A
Species
All
Location
Throughout
Type of
Mitigation
Daily
Inspection
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Mitigative
Measures (by
Others)
Description of
Mitigation to be
implemented as
part of this
Contract*
The Contractor shall,
prior to commencing
work each day, carry
out a visual
inspection of the
construction limits to
ensure that no SAR
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or other wildlife are
present within the
construction zone
and to ensure the
continued integrity
and functionality of
all mitigation
measures. The
Contractor shall
provide
documentation to
the Contract
Administrator of any
corrective actions
taken (e.g. repair of
fencing)
Note to designer: Refer to the SAR screening report and insert the name, location,
mitigation measure type and mitigation measure description for each Species at Risk
known or expected to be present within and adjacent to the limits of the contract in
Table A. Where the mitigation measure refers to the installation of an item-specific
habitat feature (e.g. replacement nest) or protection measure (e.g. exclusion fencing),
refer to the related tender item code in the description of mitigation column. The daily
inspection item included above shall apply to all projects proceeding under this special
provision.
Example Table A:
Species
Location
Type of
Mitigation
Mitigative
Measures (by
Others)
Barn
Swallow
Box culvert
at Station
10+550
Exclusion/timing Exclusion
constraint
netting installed
prior to onset of
breeding
season (May)
Blanding’s
Turtle
East side:
Station
2+130 to
Station
3+020
Timing
constraint
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Description of
Mitigation to be
implemented as
part of this
Contract
Netting must be
maintained
throughout length of
activity during
breeding season
(May – August
inclusive).
No in-water work
shall proceed during
hibernation season
(October 31st to Mat
1st) to avoid impacts
to hibernating turtles
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Species
Location
Type of
Mitigation
Butternut
West side:
station
5+340
Fencing
Sensitive
Species
Station
6+100 to
Station
6+250
Exclusion
Mitigative
Measures (by
Others)
Description of
Mitigation to be
implemented as
part of this
Contract
Protective fencing
(as specified
elsewhere under
Item 9999-XXXX)
must be installed
prior to beginning
on-site work and
maintained
throughout the
length of the project.
No activity or
materials storage
shall be permitted
within this area
Fencing,
Fencing and
signage to
signage to prohibit
prohibit access access to this area
installed prior to must be maintained
commencement throughout the
of on-site work length of the project
Encounters/Observations of SAR
Should any SAR protected under the ESA be observed within the construction limits
during the course of the work and/or should any species at risk or their habitat be
potentially impacted by the site activities, the Contractor shall immediately cease
operations and notify the Contract Administrator and the MNR shall be contacted
immediately for direction. Operations shall be modified to avoid any negative impacts
to species at risk or their habitat until further direction is provided by the MNR. All
encounters with species at risk, dead or alive, shall be documented with photographs
and immediately reported to the Contract Administrator and the MNR.
Wildlife Protocol for Road Construction/Rehabilitation Projects
Wildlife protocol for Road Construction/Rehabilitation Projects is provided at the end of
this specification – Annex A. A color copy of this protocol will be provided upon
request.
Compensation
No additional compensation shall be made for protection of Species at Risk
encountered during the Work in accordance with the requirements of this Special
Provision, for daily reviews and summarized documentation, for education/training of
the Contractor’s employees, or for reporting of species at risk when encountered.
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The Contractor shall not make any claim for extra compensation for the cost of fulfilling
the obligations set out in this Special Provision.
Warrant: On all contracts when a permit under the Endangered Species Act has been
obtained for the work, the project has been registered with the MNR or as otherwise
recommended by the Environmental Consultant.
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