Statement by Tim Gray, Executive Director
Toronto | Traditional territories of the Mississaugas of the Credit, the Anishinaabeg, the Haudenosaunee, and the Wendat – Ontarians are being let down by the federal government’s decision to not put back in place a federal impact assessment for Highway 413.
By refusing to assess the many dangers Highway 413 would pose in areas of federal responsibility, Minister Guilbeault, Prime Minister Trudeau, and MPs in the government caucus are reducing the number of tools at their disposal to properly ensure the survival of federally protected endangered species, fish habitat and the cultural values of Indigenous Nations.
The decision now leaves federal Ministers and MPs with only a few tools to prevent the environmental destruction that would be unleashed if Highway 413 is built. For example, the federal government’s own recovery strategy for the endangered redside dace fish identifies construction, paved surfaces and urban sprawl (which is induced by highways such as Highway 413) as the “most immediate threats to the species.” The government now must issue a protection order prohibiting those activities everywhere they’d impact the species’ habitat, which includes much of Highway 413’s route. That order is due on January 25th, 2025.
In addition, the federal government will now have no legitimate basis for issuing the federal Species at Risk Act permits that would be required to build Highway 413. A federal impact assessment of Highway 413 would have given Canada’s Minister of Fisheries, Minister of the Environment and other federal decision-makers clarity on critical information when permits will be sought by the Ontario Ministry of Transportation. By not designating Highway 413 under the Impact Assessment Act, it is now impossible for federal decision makers to understand how to best mitigate cumulative impacts on the environment, and to understand species at risk and conditions downstream.
There are 29 federally listed species at risk located along the proposed Highway 413 route and species such as the western chorus frog, redside dace and silver shiner could be extirpated from Ontario or Canada if Highway 413 is allowed to go ahead. These concerns were recently highlighted in a letter signed by over 100 scientists and sent to Minister Guilbeault. A Minister’s Emergency orders under the federal Species at Risk Act may now be necessary to stop these species from disappearing forever. A sad commentary on both our provincial and federal governments.
Background Information:
- This decision to not designate Highway 413 for impact assessment cannot be explained by any concerns about the federal government overstepping its jurisdictional limits. While a Supreme Court advisory opinion temporarily undermined the Impact Assessment Designation process, those vulnerabilities were eliminated with the passage of an amended revised Impact Assessment Act in June 2024. The amended Act clearly restored legislative authority to redesignate Highway 413, and other highways that pose such clear dangers within areas of federal responsibility, for an impact assessment.
- The Memorandum of Understanding between Canada and Ontario also carefully safeguards Canada’s freedom to designate Highway 413 for an impact assessment.
- A federal impact assessment for Highway 413 would not have been duplicative of processes that fall within provincial jurisdiction, like local traffic volume and construction opportunity costs. The provincial government recently passed Bill 212 to exempt the provincial aspects of the Highway 413 proposal from Ontario’s Environmental Assessment Act and Greenbelt Act, and the federal government wasn’t being asked to overturn that exemption.
ABOUT ENVIRONMENTAL DEFENCE (environmentaldefence.ca): Environmental Defence is a leading Canadian advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.
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For more information or to request an interview, please contact: Allen Braude, Environmental Defence, [email protected]
