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Life may become riskier for local 'species at risk' after council decision. Called 'shameful and embarrassing'

'These provincial legislations that we have to protect endangered species, that took a long time to get, and we’ve had that for 10 years. The possibility that council could with one day’s notice just erase that for our city, is truly shameful' Yan Roberts.

North Bay City Council passed two significant motions last night that may greatly impact species at risk locally. 

Councillor Mac Bain, who brought both motions forward, said the species at risk legislation has negatively impacted business and development across northern Ontario.

“What I’ve asked is for inside the settlement area of the City of North Bay, which only makes up 20 per cent of the landmass of the city, I’ve asked for the province of Ontario to allow the City of North Bay the autonomy to make decisions, land use planning process, in regard to species at risk in  the urban services area.”

The second motion asks the province to “allow a municipality within its urban settlement area to use provincially significant wetlands for development, where the applicant can demonstrate no negative impacts on the natural features or the ecological functions for which the area is identified.”

“Provincially significant wetlands, a lot of it, is inhabited by species at risk, but there’s large tracks of land in northern Ontario, where we either have rocks, swamp, trees, and some roads and communities,” said Bain.

“We’re asking inside the urban services area of the City of North Bay, the settlement area, that we have the autonomy to be making the decisions of the provincially significant wetlands. We want to have the ability of going into the industrial park that is in Ferris on Booth Road that we’ve never been able to use, to have a development go in there, and for every acre we fill in, the proponent is going to improve four or five more acres downstream to make a net benefit for the watershed.”

Bain explained that there is a way to protect the species and still move ahead with development.

“Developers are asked to build tunnels under roadways and culverts for turtles. They’ve been asked to improve and move habitats. So, it is not only the mitigation they have to do, because I anticipate council is still going to ask them to do certain mitigation because we’re going to have regard for the species. What happens is it is costly for them to get an engineer to write a report, present that to the Ministry of Natural Resources, get approval and then they’ve lost a whole year of construction. It is costly for them to have these reports written, sometimes more valuable than an acre of land. And so it is negatively impacting them the ability to create homes or businesses in a timely fashion.”

Council voted 8-2 in favour, on each motion with one councillor, Scott Robertson absent.  

And in both cases, councillor Mark King asked for a motion of reconsideration, meaning a re-vote in two weeks.

“It was like going from zero to a hundred in a second with respect to the way that we deal with these issues. There’s no question in my mind that as councillors we have an obligation to make sure that we protect the environment,” said King.

“There already is a mechanism in place that works for development. Why we have to go to this new process, even back to the provincial government, suggesting this is what we’re supporting as a city, is a stretch in my mind. To be honest with you, I was quite surprised these motions came forward at council. I would want to hear from the North Bay-Mattawa Conservation Authority first of all, and I would want to hear from the planning department senior people, how something like this would work, and whether it makes sense. We may be bound by provincial legislation that we can’t get around anyway.”

Concerned citizens packed the council chambers, some shouted out their opposition to the motions, out of frustration.

Others made presentations using the Blanding’s turtle as an example of a species that could be impacted.

See related: Can a smiling turtle derail casino plans?

Some residents suggested the timing of the motions were suspect, given the city's recent approval for the development of a casino on Pinewood Park Drive, with one presenter telling council to “Save the turtle. Stop the Casino.”

Councillor Bain says there is nothing suspect about the timing.

“The City of North Bay had a specific meeting in August of last year with the Minister of the Environment during the AMO (Association of Municipalities of Ontario) conference. At that meeting, we talked about species at risk. We talked about provincially significant wetlands. So, that was when the casino project was supposed to be in a different part of the city,” said Bain.

“So in this case, one and one don’t add up to a number. The two are not tied. The timing for this resolution coming forward this evening is that there is a Rural Ontario Municipal Conference that some of the city council is going to. We’ve asked for another meeting with the Minister of the Environment, and I wanted support from our council to bring those resolutions to the minister to show that a council is asking for this. Also, FONOM (Federation of Northern Ontario Municipalities) can support it, contingent on it being passed by the city.”  

Bain says municipalities across the north have been wanting some flexibility in the two areas, and the two motions passed by council, will give the minister “something to think about.”

Presenter Yan Roberts said given the fact most people only found out what was written in the motions the previous day, the large turnout indicates that it is a “really well-networked community that cares deeply.”  

“As you can see the council chambers were filled today, and that is a self-organizing community of people that care about these issues greatly, as they should.”

Roberts believes council crossed the line on this one.

“It is shameful and embarrassing. These provincial legislations that we have to protect endangered species, that took a long time to get, and we’ve had that for 10 years. The possibility that council could with one day’s notice just erase that for our city, is truly shameful,” said Roberts.

“The ministry that we trust to do this right now is the middle ground. They’re not out to axe all development. Their job is to make sure that it is done well and sensitive species are protected. By no means are they curbing development completely.”

Brennain Lloyd was one of many in attendance, hoping councillors could be swayed to vote against the motions.

“Green Space North Bay, was very active in the official planning process in 2008 and 2010, and wetland protection was certainly a large part of what we focused on in that official plan review,” said Lloyd.

“This is a reckless abandonment of their basic responsibilities to implement environmental protection as set out in regulations and the law in Ontario. On the one hand, it is pretty much political posturing. What they’ve decided is, they’re going to send a letter to the province. That doesn’t really change anything in the world. On the other hand, it is a very negative message to be sending to the province. It is a very negative message to be sending to the community, to the citizens.”

Lloyd said questions needed to be asked.

“One basic question would have been, How many councillors actually know where the provincially significant wetlands are located in the city of North Bay? What their ecological value is, what their value is in terms of stormwater management, and can any of the councillors actually provide any kind of accounting of where there have actually stopped development because of the designation? We heard several examples of how development was able to proceed under the existing rules. So, if they can offer several examples of development proceeding under the existing rules, what is the issue?”

Hannah Bywater has been raising awareness and funds to protect turtles all over the world since the age of six. She finds council’s decision troubling.

“People on council have been huge supporters of mine, and I am in awe, and at a loss for words to know that they are supporting this. I never thought I would have to advocate for the lives of any species turtles or other, in my own community. It is really disheartening,” said Bywater.

“I’m hoping to make a presentation in two weeks. I will register and make my voice heard.”

The notice of reconsideration put forward Councillor King will be addressed at the next council meeting on Wednesday, January 30.

The public can still register to make a presentation.