Highway 413 Act

Proposed Project

The proposed Highway 413 will be a 52-kilometre (km) provincial highway extending from Highway 400 in the east (between Kirby Road and King-Vaughan Road) to the Highway 401/407 ETR interchange in the west connecting the regional municipalities of York, Peel, and Halton. This highway is expected to help manage traffic within the Greater Golden Horseshoe, where by 2031, there will be about 1.5 million more trips by cars and trucks each day.

The construction of Highway 413 will include the construction of:

• A new 400-series highway from Highway 400 in the east to the Highway 401/407 ETR interchange, and
• A 4 km extension to Highway 410 and a 3 km extension to Highway 427 to connect them to Highway 413.

Proposed Legislation

The Reducing Gridlock, Saving You Time Act (RGSYTA) is being introduced to the legislature as the Government of Ontario:

• Recognizes the need to build priority highways faster as our province grows in order to get people and goods out of gridlock and save drivers and businesses time and money.
• Recognizes that accidents and lane closures can worsen traffic congestion and impact the quality of life of Ontarians.
• Is speeding up the delivery of broadband projects that will connect people in all parts of Ontario, including rural areas, with reliable internet access.
• Is building Highway 413, recognizing the importance of this highway to millions of drivers from across Ontario.

Through the proposed RGSYTA, we are proposing a statute – the Highway 413 Act – that will:

• Exempt all activities by or on behalf of the Minister of Transportation that are for or related to Highway 413 from the Environmental Assessment Act, and
• Create an accelerated EA process for the construction of Highway 413 and the extensions of Highways 410 and 427. The process will not apply to Highway 413 early works projects.

In the proposed statute, “Highway 413 early works projects” is defined as specified activities by or on behalf of the Minister of Transportation. These are activities that MTO expects to be ready to proceed with earlier than other parts of Highway 413. Highway 413 early works projects are further described in the section below.

Additionally, in the proposed statute, the “Highway 413 Project” is defined as including the following activities carried out by or on behalf of the Minister of Transportation, and do not include what is defined as Highway 413 early works projects:

• The construction of Highway 413,
• The construction of the extensions to Highway 410 and Highway 427 to connect them to Highway 413.

Under the proposed Highway 413 Act, the Minister of Transportation is required to fulfill the following requirements for the Highway 413 Project:

• Prepare a plan for consulting potentially impacted and interested Indigenous communities, circulate the plan to the communities and implement the plan,
• Assess the impacts of the Highway 413 Project on the environment and identify how negative impacts will be mitigated, based on MTO’s preliminary design for the project,
• Prepare and publish a draft Environmental Impact Assessment Report (EIAR) which will include a description of local environmental conditions and studies completed (e.g., fish and fish habitat, terrestrial ecosystems, archaeology, air quality, agriculture, noise, socio-economic, drainage and stormwater management), the assessment of impacts of the Highway 413 Project on the environment based on the preliminary design of the project, a description of how impacts will be mitigated and the record of consultation,
• Provide Indigenous communities, government agencies, interested person and the public an opportunity to comment on the draft EIAR, and
• Prepare a final EIAR, considering any comments regarding the draft EIAR and publish the final on the project website.

The requirements of the proposed Highway 413 Act build upon the considerable work, including studies and consultation, that MTO has undertaken to advance the environmental assessment work it has been doing under the Environmental Assessment Act for Highway 413 since the commencement of the EA process for the Project.

Under the proposed statute, a person is prohibited from carrying out the Highway 413 Project except in accordance with the final EIAR, as amended by any final addendum. However, this prohibition does not apply in respect of a “change to the Highway 413 Project” that is not a “significant change”; as these terms are defined in the proposed statute. Information regarding significant changes and the addendum process can be found below.

The proposed Highway 413 Act also includes:

• An addendum process to deal with significant changes to the project (as set out in the final EIAR). That process includes a requirement to assess impacts and identify mitigation, prepare a draft addendum with an opportunity for comment, and prepare a final addendum and publish it. A change to the Highway 413 Project that is not a significant change can proceed without any process under the proposed Act.
• Regulation-making authority including for:
  • adding early works
  • prescribing the types of changes considered to be significant
  • governing assessment and mitigation of impacts of the Highway 413
• A regulation prescribing additional activities for the purpose of the definition of Highway 413 Project and Highway 413 early works projects may only be made before the notice of the draft EIAR is published on the project website.
• A provision providing that, for the purpose of any provincial plan, the Highway 413 Project and Highway 413 early works projects are deemed to be approved under the Environmental Assessment once the final EIAR is published on the project website.
• A provision providing that clause 3(5)(a) and subsection 3(6) of the Planning Act do not apply in respect of the project and early works.

Under the proposed statute, MTO is not prevented from applying for and obtaining permits needed for construction before completing the accelerated EA process. This includes, but is not limited to, permits/authorizations that may be required under the Endangered Species Act, Ontario Heritage Act and Environmental Protection Act. In addition, the proposed legislation provides an exemption from Part II of the Environmental Bill of Rights, 1993 that includes the posting for public comment requirements for provincial permits and approvals that may be required for the project and that would otherwise be required to be posted.

Early Works Projects

As noted above, the proposed statute exempts Highway 413 early works projects from the Environmental Assessment Act. Under the proposed statute, Highway 413 early works projects are not subject to the accelerated EA process described above, which will allow MTO to proceed with Highway 413 early works projects without having to complete any environmental impact assessment if the Act is passed.

In the proposed Highway 413 Act, the Highway 413 early works projects include:

1. constructing an embankment for a ramp near the existing ramp at Exit 330 on westbound Highway 401, connecting to westbound Highway 407 in Halton Region,
2. constructing a bridge within the Highway 413 route that is within or near Highway 10 in Peel Region,
3. constructing a bridge within the Highway 413 route that is within or near Bovaird Drive West in Peel Region,
4. any related activities for the embankment or bridges described in a) to c), and,
5. constructing fencing for or related to any of the activities described in a) to d) or for or related to Highway 413.

The embankment and bridges projects were selected based on being located in areas that have been previously disturbed and being ones likely to have fewer environmental impacts compared to other areas of the highway.

Timelines

MECP is seeking comment on the proposed statute during a 30-day comment period, ending on November 21, 2024.

If the legislation is passed, it would come into effect on Royal Assent.