Feds, Ontario Reach Agreement on Highway 413

Minister of Environment and Climate Change Steven Guilbeault speaks during a news conference in Ottawa, on Nov. 20, 2023. The Canadian Press/Justin Tang

Ontario and Ottawa have reached a deal to proceed with the province’s Highway 413 project following accusations from the province of federal overreach.

The joint announcement ends a years-long battle between the Ford and Trudeau governments that had indefinitely stalled the proposed 52-kilometre highway set to run between Milton and Vaughan, north of Toronto.

“In the coming months, we will move ahead with procurement to get shovels in the ground on key interchanges of the project, bringing us one step closer to getting it done,” provincial Transportation Minister Prabmeet Sarkaria said in an April 15 press release.

The province and Ottawa signed a memorandum of understanding April 15 to establish a joint working group to curtail environmental impacts in areas of federal jurisdiction. The Federal Court has ordered the Highway 413 project’s designation under the Impact Assessment Act (IAA) to be set aside at the joint request of both governments.

The Impact Assessment Act process meant Ontario previously did not have permission to start construction unless the federal government was satisfied with the provincial plan to deal with protecting at-risk species.

The province accused the Liberal government of overreach when it slated the highway project for a federal review under the act, and asked the Federal Court to stop Ottawa from applying the legislation to Highway 413.

The Supreme Court of Canada found parts of the Impact Assessment Act to be unconstitutional in a ruling last fall, saying the act was written in a way that could allow the federal government to make decisions about projects covered completely by provincial jurisdiction.

Supreme Court Justice Malcolm Rowe accused Ottawa of shutting down projects like Highway 413 because of its stance on climate change.

He said it was being held up by the IAA “nominally because of a frog” it endangers. But really it’s “because we’re not supposed to be driving cars.”

Highway 413 is set to connect the regions of York, Peel, and Halton and has been touted by the province as a way to expand public transit.

Not everyone is on board with the proposed project. Some environmental groups have said it would encourage urban sprawl into the protected Greenbelt, pave over some of Southern Ontario’s best farmland, and potentially harm at-risk frog and fish species.

Ontario Greens Deputy Leader Aislinn Clancy has described the project as an “environmental wrecking ball,” and has vowed to put a stop to the project for good.

Federal Environment Minister Steven Guilbeault said this week’s agreement will maintain the protection of at-risk species.

“This agreement shows Canada and Ontario’s ability to work together while recognizing their shared jurisdiction on matters to do with the environment,” Mr. Guilbeault said, adding that the deal offers Ontario “a greater level of clarity around the review process for the Highway 413 Project.”

Mr. Sarkaria described the project as a way to deal with the gridlock traffic resulting from “unprecedented” population growth.

“I want to thank the federal government for meeting us at the table and collaborating on the environmental protections needed to get the project started,” he said. “It’s never been more important to build roads, bridges, and highways that drivers rely on.”

The Canadian Press and Tara MacIsaac contributed to this report.