Feds drop Greenbelt impact assessment for Ford’s Highway 413

Environmental advocates are raising concerns about the federal government's decision to cancel its environmental assessment of a contentious highway proposed for southern Ontario.

The move comes as a joint consent order was submitted on Wednesday to the Federal Court by both the federal and Ontario governments to cancel the ongoing federal assessment of the Highway 413 proposal.

Environmental advocates are criticizing the federal government, saying the withdrawal neglects its obligation to protect Ontario's environment and wildlife.

“Failing to designate the 413 project for a federal impact assessment would be a betrayal of what the federal government has said it stands for with regard to climate, housing and the environment,” reads a statement from Environmental Defence, which has been intervening in the legal case.

“The people of Ontario will have the final say on governments who continue to pursue reckless, unplanned and destructive development like Highway 413.” Both the federal and provincial governments will be held accountable by voters, the statement added.

The proposed 60-kilometre highway, also known as the GTA West Corridor, aims to alleviate congestion in the fast-growing Greater Toronto Area by connecting Milton and Vaughan. However, it would cut through 2,000 acres of farmland, cross 85 waterways, pave nearly 400 acres of protected Greenbelt land, disrupt 220 wetlands and impact the habitats of 10 species at risk.

In 2021, then federal environment minister Jonathan Wilkinson ordered an assessment for Highway 413 due to potential impacts on three endangered species.

But last October, a ruling by the Supreme Court of Canada found that Ottawa's Impact Assessment Act (IAA), which regulates major development projects, is largely unconstitutional because it stepped into areas under provincial jurisdiction. The IAA, initially known as Bill C-69 and enacted in 2019, permits federal regulators to assess the potential environmental and social impacts of diverse resource and infrastructure projects.

Following the Supreme Court decision, the Ford government filed a judicial review to prevent the federal government from ordering assessments on crucial infrastructure projects, including Highway 413.

Now, Federal Court documents shared by Environmental Defence reveal that a letter dated March 20, 2024, indicates the provincial and federal governments have agreed to resolve the issue by agreeing to cancel designation of Highway 413 under Section 9 of the IAA.

“Ontario and Canada have mutually agreed to resolve this litigation and have asked the Federal Court to issue a consent judgment,” said the Impact Assessment Agency of Canada in response to Canada's National Observer's request. As this matter is before the court, it would be inappropriate to comment further at this time, the agency added.

Withdrawal from the case now means arguments about the highway’s legality and environmental impacts may not be heard, the Environmental Defence statement said. “The federal government could have continued to protect those interests through the court process but chose not to.”

The federal government should promptly introduce legislation to update the IAA and re-designate Highway 413 under it, the group argued.

Public opposition to the Ford government's Highway 413 has been mounting, particularly after the recent Greenbelt land swap scandal, fuelled by two scathing reports by the province's auditor general and its integrity commissioner.

“Highway 413 is the bulldozer front of farm-eating, nature-killing, climate-warming, developer-enriching sprawl that would cost Ontarians billions. Much better city-building and transportation alternatives are at our fingertips,” said Tim Gray, executive director of Environmental Defence.

“Just as the provincial government’s attack on the broader Greenbelt was never about building housing, the proposed Highway 413 is not about addressing traffic congestion. It is simply a $10-billion taxpayer subsidy for the sprawl schemes of well-connected developers.”

Canada’s National Observer reached out to Ontario's Ministry of the Attorney General for comment but did not receive a response in time for publication.

The provincial government states on its website that Highway 413 is a crucial component of Ontario's strategy to expand highways and public transit in the Greater Golden Horseshoe to serve a significant population increase in the next 30 years.

Investing in infrastructure is vital in Ontario's long-term economic plan, with Highway 413 projected to contribute up to $350 million in real GDP annually during its construction, the government added.