Species At Risk

FNX Mining Company Inc., Advanced Exploration and Mining Project, Sudbury

Proposed Authorization under Ontario’s Endangered Species Act, 2007

Ontario’s Endangered Species Act, which came into effect in 2008, makes the province a North American leader in the protection and recovery of species at risk and their habitats. Learn how Ontario is protecting species at risk and their habitat.

Proposed Authorization Summary

Proponent: FNX Mining Company Inc.
Project: Advanced Exploration and Mining Project, Sudbury
Location: Denison Township
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  • Whip-poor-will (Caprimulgus vociferous)
Sector: Mining
Environmental Registry Number: 011-5217
Permit Proposal Status:
Authorization Type: 17(2)(2) - Overall Benefit Permit

The Endangered Species Act, 2007 (ESA) provides for the protection of endangered, threatened (and in some cases extirpated) species on the Species at Risk in Ontario (SARO) List. The ESA also addresses the protection of habitat for species at risk.

The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if; avoidance and reasonable alternatives have been considered, adverse effects will be minimized and an overall benefit will be achieved for the species. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

Environmental Registry Posting:

A range of options being considered is included in the Environmental Registry Notice; please go to http://www.ebr.gov.on.ca and enter the Environmental Registry number (above) in the search bar.

Proposed Permit Details:

Overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit. FNX Mining Company Inc. proposes to: - Erect signage to discourage off-road vehicle use of the property to decrease nest and bird disturbance; - Demonstrate that two other properties will be managed to maintain habitat for Eastern Whip-poor-will; - Educate the public through an open forum about the distribution, population status, breeding biology, and identification techniques for this species; and - Monitor and share Eastern Whip-poor-will information including important life-cycle information, collected on the two properties managed for Whip-poor-will, as well as the mining site. The best alternative has been chosen to allow work to continue and avoid some impacts to Eastern Whip-poor-will and their habitat. Reasonable alternatives have been considered, including alternatives that would not adversely affect the species: - FNX Mining Company Inc. has adjusted their original proposal by confining the proposed surface facilities and infrastructure to 45.8 hectares of the 511-hectare property - The time-lines of certain activities have been adjusted to avoid disturbance to Whip-poor-will during the breeding season. There will be reasonable steps to minimize adverse effects on individual members of the species as required by conditions of the permit: - Scheduling works to avoid or minimize impacts to individuals during the season when Eastern Whip-poor-will are present; - Educating project staff about Eastern Whip-poor-will identification and life-cycle; - Monitoring effectiveness of mitigation activities and reporting results to the MNR Sudbury District office; and - Habitat rehabilitation activities on-site upon closure of the facility to re-establish Whip-poor-will habitat.


On May 2, 2012, a decision was made to issue a permit to FNX Mining Company Inc. under Section 17(2)(c) of the Endangered Species Act. To view the details of the decision, please visit http://www.ebr.gov.on.ca and enter the Environmental Registry number in the search bar.

Comment On This Project

To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-5217) in the search bar.

If you have questions or comments specific to this permit application after the Environmental Registry period is over, please click here Advanced Exploration and Mining Project, Sudbury (ER number: 011-5217) .

Please Note: All comments and submissions received become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered in the decision making process for the authorization.