Today, the Governments of Canada and Ontario committed to working together to protect the environment and give Ontario greater regulatory certainty to advance Highway 413.
Through the agreement announced today, both Ontario and Canada have agreed to a collaborative process to assess and manage the issues around federal species at risk throughout Ontario's planning of the project. At Ontario and Canada's request, the Federal Court has ordered that the Highway 413 Project's designation under the Impact Assessment Act be set aside.
Through a Memorandum of Understanding signed between Ontario's Ministry of Transportation and the Impact Assessment Agency of Canada, the two levels of government have established a joint working group in which provincial and federal officials will recommend appropriate measures to minimize environmental impacts in areas of federal environmental jurisdiction. This builds upon the province's environmental assessment process, which is also well underway.
As Ontario advances on Highway 413, it is committed to building infrastructure in a responsible way that minimizes environmental impacts. Both Canada and Ontario have robust and transparent regulatory regimes to ensure the environment is protected before major projects are developed.
In October 2023, the Supreme Court of Canada issued an opinion that the Impact Assessment Act in its current form is partially unconstitutional and must focus on areas of federal jurisdiction. The Court also confirmed that the environment is an area of shared jurisdiction under the Constitution and encouraged both levels of government to work together in the spirit of "cooperative federalism." The Government of Canada has since committed to presenting legislation to update the Impact Assessment Act in Spring 2024 and in the meantime has released interim guidance indicating that no decisions to designate projects will be taken.
