Environmental disaster, at…

Environmental disaster, at the expense of the many, for the benefit of the few. Highway 413 should not be built, and in the worst-case scenario — where the Ford government decides to continue with the highway — it should not be built as proposed in the Highway 413 Act. Constructing Highway 413 as planned will destroy and degrade Ontario’s environment and farmland, harm at-risk species, and contribute significantly to climate change and pollution without achieving any of its stated objectives like the reduction of commute times.

I have 3 Major Concerns with the proposed Highway 413 Act:

1. Environmental Assessment Act Exemptions

2. Exemption from the Environmental Bill of Rights

3. Ministerial Discretion on the Publication of Studies

In this comment I will describe my concerns with the proposed Highway 413 Act. However, before doing so, it may be useful to establish some facts about the proposed highway itself.

What Highway 413 Will Do:

1. Destroy and Degrade Ontario’s Environment and Farmland

Highway 413 will destroy 2000 acres of important farmland, and 1000 acres of significant natural areas, including Greenbelt land. The proposed route would also cross over 130 streams and rivers, which puts these important aquatic environments at risk of being damaged, disturbed, and polluted by construction activities. The proposed highway will further encourage Ontario’s urban sprawl, and the cumulative effects will continue to result in widespread habitat damage.

Source: https://environmentaldefence.ca/report/highway_413_road-to-our-ruin/

2. Harm Species at Risk

At minimum, 162 species will be driven closer to extinction by Highway 413. The Ontario government’s own research indicates that at least 11 provincially at-risk species live along the proposed route of highway 413. Additionally, at least 29 federally at-risk species, and 122 migratory bird species, will be negatively affected by the construction of the highway.
Sources:
- https://thenarwhal.ca/highway-413-endangered-species/
- https://environmentaldefence.ca/report/highway_413_road-to-our-ruin/

3. Contribute Significantly to Climate Change and Air Pollution

Highway 413 will result in approximately 17.4 million tonnes of vehicle CO2 emissions by 2050 , according to a report from Environmental Defence and Eunomia Research and Consulting. Additional modelling from this report indicates that air pollution caused by highway construction and vehicle traffic on the highway would cost taxpayers approximately $1-1.4 billion in cumulative damages by 2050. Traffic-related air pollution is already responsible for 872 deaths in the Greater Toronto and Hamilton Area every year, and the pollution resulting from the construction and use of this highway will only make this number worse over time.

Source:
https://environmentaldefence.ca/wp-content/uploads/2021/04/Highway-413-…

What Highway 413 Won’t Do:

Highway 413 Will Not Result in Significant Time Savings for Commuters

An expert panel from the Ministry of Transportation studied the proposed Highway 413 and found that it would save commuters just 30-60 seconds per trip. The panel determined that alternatives to the highway, such as improved land use management, would result in greater travel time savings than the proposed highway. The panel concluded their report with the recommendation that the proposed highway should not be built.

Source: https://web.archive.org/web/20190618163558/http://www.mto.gov.on.ca/eng…

Major Concerns

Major Concern 1: Environmental Assessment Act Exemptions

The proposed Highway 413 Act states:
“2 (1) The following are exempt from the Environmental Assessment Act:
1. The Highway 413 Project, including any change to the Highway 413 Project.
2. The Highway 413 early works projects.”

Exempting the 413 and its early works projects from the environmental assessment process means that destructive work can begin before we fully understand its potential environmental impacts. Work should not begin on large scale infrastructure projects until there is scientific determination that the work will not significantly degrade the environment in an irreparable manner, adequate alternatives have been considered, environmental harm mitigation measures are outlined and a plan to implement them is established.

The purpose of the Environmental Assessment Act is “the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment” (R.S.O. 1990, c. E.18, s. 2). From the government of Ontario website: “The environmental assessments process ensures that governments and public bodies consider potential environmental effects before an infrastructure project begins”.

Highway 413 and related early works projects must undergo a complete environmental assessment under the highest scrutiny possible under the existing legal framework. Environmental consequences of major infrastructure projects affect all Ontarians and should not be treated as “red tape” that needs to be bypassed.

Recommendations:

1. Do not exempt the Highway 413 and early works projects from the Environmental Assessment Act

Major Concern 2: Exemption from the Environmental Bill of Rights

From the proposed Highway 413 Act:

“Part II of the Environmental Bill of Rights, 1993 does not apply to a proposal to issue, amend or revoke an instrument for or related to the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects despite the proposal being a type of proposal for an instrument that is classified by a regulation made under that Act”.

The Highway 413 Act aims to limit our public consultation rights as Ontarians regarding projects that significantly impact the environment by exempting Highway 413 and related projects from part II of the Environmental Bill of Rights. The Ford government has already broken the law by violating our right to participate in environmental decision-making (https://www.cbc.ca/news/canada/toronto/ont-mzo-court-1.6169105). They designed this provision in the proposed Act to protect themselves from facing another court case. This exemption should be removed from the proposed bill. If the government believes in this highway, they should not hide proposed changes from the public. As citizens in a democracy, we deserve to be properly informed such that we can have our voices heard and participate in the decision-making process.

Recommendation:

1. Remove the proposed exemption to part II of the Environmental Bill of Rights from the Highway 413 Act

Major Concern 3: Ministerial Discretion on the Publication of Studies

The proposed Highway 413 act contains a clause related to the publication of studies from the draft environmental report in which the Minister can opt not to publish studies containing information about “sensitive natural or cultural heritage matters”. There is no definition of what constitutes a sensitive matter in this case, and as a result gives the Minister too much discretionary power regarding what information can be made public. What this does is grant the minister the ability to hide report findings that could threaten the validity or public perception of the highway. For example, if a study finds that an endangered species would be irreversibly harmed by the construction of the highway, the minister could hide this information under the “sensitive natural” matters clause.

Recommendations:

1. Do not hide publications

2. Publish all studies and redact only the truly sensitive information where needed (e.g., exact locations of at-risk species)

Conclusion

The proposed Highway 413 will significantly damage Ontario’s environment, contribute to climate change, cost taxpayers billions of dollars, and will ultimately not solve the problems related to commute times. The proposed Highway 413 Act will enable the government to fast-track construction at the expense of the environment, void the public’s right to be consulted, and allows for the government to hide information on important environmental consequences. Highway 413 should not be built, and if it is to be built, it should not move forward under the conditions proposed by the Highway 413 Act. If the government is to move forward with Highway 413, at the very minimum the project should be subject to a full environmental assessment, with full transparency and public consultation throughout. If the government truly believes in and stands by this Highway, they should withdraw the proposed Highway 413 Act, subject it to a full environmental assessment, and proceed in the most environmentally responsible manner possible.