Marmora and Lake convicted of violating Endangered Species Act

Belleville court rules municipality damaged habitat of endangered Mottled Duskywing butterfly during roadwork on River Heights Road.

Article content The municipality of Marmora and Lake has been convicted in a Belleville court for violating the Endangered Species Act by “destroying or damaging” the habitat of the Mottled Duskywing butterfly. According to the Ministry of Environment, Conservation and Parks the municipality was found guilty on January 26 and fined $1. Recommended Videos The municipality was also ordered to “donate land” to replace the lost habitat that is critical for one of the largest natural habitat areas in Ontario for the endangered butterfly, the ministry said in a July 2 release.

“The Corporation of the Municipality of Marmora and Lake was issued a court order under sub-section 41(1) of the ESA requiring the municipality to grant a conservation easement or transfer title of certain lands near the location of the offence that are owned by the municipality to an approved conservation agency by Jan. 1, 2030, so that the lands can be used for the purpose of the protection and recovery of the Mottled Duskywing butterfly,” said the ministry. “The Mottled Duskywing butterfly is listed as endangered on the Species at Risk in Ontario List.

“In areas within the range of the Mottled Duskywing species, the New Jersey Tea and the Prairie Redroot are habitat for the species. New Jersey Tea and Prairie Redroot plants grow all along the side of River Heights Road in the Riverside Pines subdivision.” The court heard that Marmora and Lake municipal staff “conducted road maintenance work along the shoulder of River Heights Road.

The work damaged or destroyed New Jersey Tea and Prairie Redroot plants that grow along that stretch of road and serve as habitat for the Mottled Duskywing.” The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the conviction. The conviction comes after the Ontario Court of Appeal released a decision Jan. 8, 2025, dismissing a claim that the plants were damaged because the municipality was carrying out road maintenance as dictated under the Municipal Act.

The municipality argued it could not meet the standards of the Municipal Act and the Endangered Species Act at the same time. Canadian law firm McCarthy Tetrault wrote in an online March 11, 2025 post that “the second largest population of this butterfly lives near host plants clustered along eight kilometres of highway in the area of the municipality called Riverside Pines.”