Part A: Introduction

A1 Introduction

A1.1 Purpose and application of this guide

This Natural Heritage Assessment Guide (the “Guide”) was developed by the Ministry of Natural Resources (MNR) to support sections 23.1, 24, 25, 26, 27, 28, 34, 37, 38, 41, 42 and 43 of Ontario Regulation 359/09: Renewable Energy Approvals (the “Regulation”) made under the Environmental Protection Act.

This Guide provides direction for completing the following as required by the Regulation:

• a natural heritage assessment (NHA)
• an environmental impact study (EIS)
• an environmental effects monitoring plan (EEMP) with respect to birds and bats

This Guide also establishes the requirements for a “qualified person” within the meaning of the Regulation.

A1.2 How to read this Guide

In the event of any inconsistency or conflict between this Guide and the Regulation, the Regulation will govern.

Applicants should read this Guide in tandem with the technical guide to renewable energy approvals developed by the Ministry of Environment, Conservation and Parks (MECP).

A1.3 Summary of key concepts

A Natural Heritage Assessment (NHA) is a 3-stage assessment of natural features at or within the vicinity of a renewable energy project location. An NHA includes (1) a records review, (2) a site investigation, and (3) an evaluation of significance.

In addition to the NHA, an Environmental Impact Study (EIS) Report and an Environmental Effects Monitoring Plan (EEMP) with respect to birds or bats may also need to be prepared.

The following classes of renewable energy generation facilities as described in the Regulation, are subject to this Guide:

• Class 3 and Class 4 wind facilities
• Class 3 solar facilities
• Any class of bioenergy facility, including anaerobic digestion, biogas, biofuel and thermal treatment facilities

A2. Organization of this Guide

This Guide has been organized into 6 distinct parts:

Part A: Introduction

• Includes background information about this Guide, an overview of key terms and concepts and links to documents referenced in this Guide.

Part B: Qualified persons and attestation

• Establishes the required qualifications and expertise of a qualified person within the meaning of the Regulation and provides recommendations for completing the required attestation that must accompany a renewable energy approval application.

Part C: Renewable energy natural heritage assessments

• Describes requirements, further to sections 24, 25, 26 and 27 of the Regulation, for conducting a records review, site investigation, and evaluation of significance.

Part D: Assessment and mitigation of negative environmental effects

• Describes environmental impact study requirements and procedures further to subsections 37 (2), 38 (2), 41 (5), and 43 (2) of the Regulation and provides examples of negative environmental effects and mitigation actions.

Part E: Birds and bats and their habitats

• Describes requirements related to birds and bats for wind power projects under sections 23.1 and 38 (2) of the Regulation.

Part F: Provincial parks and conservation reserves

• Describes requirements, further to the Regulation, related to provincial parks or conservation reserves.

A3. Key terms and interpretations

For the purposes of this Guide, this section of this Guide includes definitions and information relating to terms used in this Guide. For definitions that are included in the Act or the Regulation, readers should consult the latest version of the Regulation.

A3.1 Natural features defined in the Regulation

Applicants should refer to the Regulation for definitions of the following natural features, which are referenced throughout this Guide:

A3.2 Other terms

Adjacent lands

Lands contiguous to a specific natural feature where it is likely that development would have a negative environmental effect on the feature. Consistent with the Regulation, the width of the adjacent lands related to an earth science ANSI is 50 metres. The widths of adjacent lands related to other natural features are as follows:

1. 50 metres from a natural feature (other than an earth science area of natural and scientific interest) if the project involves the:
   • construction, installation or expansion of a transmission or distribution line
   • expansion of an existing transformer station, distribution station or transportation system
   • construction, installation or expansion or any of the above with respect to a Class 3 solar facility
2. 120 metres from a natural feature (other than an earth science ANSI) if the project involves any construction, installation or expansion other than that described in (a) above

Development

The construction, installation or expansion of a renewable energy generation facility as part of a renewable energy project at a project location.

Ecological function

The natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes. These may include biological, physical and socio-economic interactions.

Ecoregion boundaries

An ecoregion is a large, geographically distinct area of land or water with relatively similar climate, geology, soil and natural ecosystems. In some cases, whether a natural feature is within one ecoregion versus another can influence what natural heritage assessment requirements apply. Where a natural feature crosses an ecoregion boundary, it is to be considered as being within the ecoregion in which the majority of the natural feature is located.

Natural heritage assessment

A 3-staged assessment with respect to natural features. The stages of a natural heritage assessment are: (1) records review, (2) site investigation, and (3) evaluation of significance.

Provincial plan area

The Oak Ridges moraine conservation plan area and the protected countryside (including the natural heritage system) of the greenbelt plan.

Note: While this Guide specifically refers to sand barrens, savannahs, tallgrass prairies and alvars located in provincial plan areas, it is important to understand that these natural features can also be located outside of provincial plan areas and, when that occurs, they (and other rare plant communities) must be assessed as wildlife habitat.

Required activity

Any assessments, reviews, investigations, evaluations, reports, plans or determinations an applicant is required to undertake or prepare under sections 23.1, 24, 25, 26, 27, 28, 34, 37, 38, 41, 42 and 43 of the Regulation.

Significant and provincially significant natural feature

A natural feature is considered significant or provincially significant, as the case may be, when it is evaluated as such according to relevant evaluation criteria or procedures set out in this Guide. Also go to sections 27 (2), 27 (3) and 34 of the Regulation. In some cases applicants may be able to treat a natural feature as if it were significant without needing to evaluate its significance (go to section C4.1 of this Guide).

Site investigation area

The entirety of the project location itself and lands surrounding the project location. The required extent of the site investigation area around the project location will vary between either 50 metres or 120 metres, based on the type of development proposed.

A4. Documents and sources referenced in this Guide

Ecological land classification or ELC

The Ecological land classification (ELC) is a system used to describe ecosystems using geology, climate, vegetation, terrain and soil. ELC is used to identify and delineate natural features and can provide important baseline data. Manuals have been developed for the Southern, Great Lakes–St. Lawrence and Boreal ranges.

Greenbelt technical paper

The full title of this document is “Greenbelt Plan 2005 Technical Definitions and Criteria for Key Natural Heritage Features in the Natural Heritage System of the Protected Countryside Area”. This technical paper was created to provide technical assistance in the identification and delineation of key natural heritage features located within the natural heritage system of the protected countryside. Key natural heritage features in the greenbelt plan include wetlands, areas of natural and scientific interest (life science), significant woodlands, significant wildlife habitat, sand barrens, savannahs, tallgrass prairies and alvars.

For more information and to access the document visit Greenbelt technical paper

Oak Ridges moraine technical papers

Refers to a series of technical papers developed to assist with the identification, delineation and assessment of impacts to key natural heritage features in the Oak Ridges moraine conservation plan.

Ontario GeoHub

Many records related to natural features maintained by the Ontario government can be accessed via Geospatial Ontario, who manage the collection, maintenance and distribution of Ontario’s geospatial data. Geospatial data, maps and tools can be found and accessed using Ontario GeoHub.

To request MNR geospatial data visit natural resources data access requests.

Ontario wetland evaluation system (OWES) manuals

A system used to identify wetlands that have value at a provincial scale. OWES provides a way of rating wetlands relative to each other. There are currently 2 OWES manuals:

• OWES southern manual
• OWES northern manual

For more information and to access the documents visit wetlands evaluation

Significant wildlife habitat technical guide (SWHTG) and supporting documents

The significant wildlife habitat technical guide (SWHTG) includes criteria to assist in determining the significance of wildlife habitat, including the extent of potential significant wildlife habitat (SWH) associated with critical habitat components. The SWHTG describes 4 broad categories of significant wildlife habitat:

1. habitats of seasonal concentrations of animals
2. rare vegetation communities or specialized habitat for wildlife (includes rare vegetation communities and specialized wildlife habitats)
3. habitat of species of conservation concern
4. animal movement corridors

The significant wildlife habitat ecoregional criteria schedules provide information on the description, criteria, information sources and assessment methods for significant wildlife habitat in ecoregions 3E, 5E, 6E and 7E. The schedules are not replacements, for the SWHTG, but companion documents which present the significance criteria for identifying potential significant wildlife habitat in a way which is reflective of the SWHTG, yet specific to the geographic area of each ecoregion. Applicants should refer to any eco-region criteria schedules approved for use by MNR. In ecoregions where schedules are not available, the SWHTG should be used.

The significant wildlife habitat mitigation support tool (MiST) is a guide to understand the functions of wildlife habitat, potential impacts and possibilities for mitigation to minimize and/or avoid impacts. It is intended to be used after a site and/or natural heritage feature is identified and confirmed as a significant wildlife habitat.

For more information visit significant wildlife technical guide

A5. Project changes

MECP’s technical guide to renewable energy projects provides information about the process and potential requirements if an applicant is seeking to make one or more changes to their renewable energy project after public consultation, after the issuance of a renewable energy approval (REA) or when seeking to alter the terms and conditions of a REA.