More than 100 scientists join fight to stop Highway 413, call on Ottawa to intervene

More than a hundred scientists have written an open letter to Minister of the Environment and Climate Change Steven Guilbeault, urging him to initiate a federal impact assessment of Ontario's proposed Highway 413, which “threatens values that are under clear federal jurisdiction” and could cause “irrevocable” environmental harm.

The letter highlights that “the absence of federal action,” and construction of the highway, which passes along Ontario’s Greenbelt, could negatively affect 29 species listed under the Species at Risk Act, 122 bird species protected under the Migratory Birds Convention Act, and fish habitats in more than 100 waterways.

Among the endangered and threatened species at risk are the Red-Headed Woodpecker, Jefferson Salamander, Western Chorus Frog, Rapids Clubtail, and Redside Dace.

A previous report by Environmental Defence detailed the significant environmental impact Highway 413 will have on the three major watersheds within its vast footprint: the Humber River, Etobicoke Creek, and Credit River.

(Environmental Defence)

The Credit and Humber River watersheds are particularly critical, as they contain more than 65 percent of the remaining habitat for the endangered Redside Dace in Canada.

(Environment Canada)

The Government of Canada’s Recovery Strategy and Action Plan for the Redside Dace restricts residential and commercial development in these watersheds, as these activities pose the greatest threat to the species’ survival.

“Failure to protect these species could lead to meaningful reductions in their chances of long-term survival and recovery of these species at risk in Canada,” the letter warns.

It also highlights how the provincial government has “watered down” its Endangered Species Act, removing protection for species that are endangered in Ontario but also live elsewhere, an approach that scientists have condemned.

“In other words, we’re not taking responsibility for our own actions. We’re saying that in Ontario, it is okay to eliminate endangered species as long as some other jurisdiction also hosts that same species,” one of the scientists who have signed the letter, University of Toronto’s Senior Lecturer Emeritus at the School of Environment, Beth Savan, told The Pointer in an interview.

The scientists also “condemn” Ontario for introducing a harmful practice that allows developers to destroy the habitats of endangered species, provided they contribute to a fund managed by the province.

A procession of protesters in Caledon marched in opposition to the 413 Highway two years ago.

(Alexis Wright/The Pointer)

While the highway project has a long history dating as far back to 2007, a key development occurred in April this year, when Ontario’s Ministry of Transportation and the Impact Assessment Agency of Canada (IAAC) signed a memorandum of understanding (MOU) to create a joint federal-provincial working group which was tasked with assessing the potential effects of Highway 413 on federally listed species at risk, and identifying measures to avoid or mitigate these impacts together.

This move came after the Ford government had received approval to proceed with the controversial highway, following a prolonged dispute with the federal government which ended with Ottawa's decision to forgo its own environmental impact assessment.

Six months later, on October 21, Environmental Defence submitted a designation request to the IAAC, formally asking for a federal impact assessment of the highway. 

The request was posted to the Canadian Impact Assessment Registry on November 1, and Minister Steven Guilbeault is required to provide a response by January 19, 2025.

Less than a month after the request was received, the Ford government passed Bill 212 dubbed as Reducing Gridlock, Saving You Time Act, 2024 on November 25. 

Minister of Transportation Prabmeet Sarkaria announcing Bill 212 during a press conference on October 21.

(Prabmeet Sarkaria/X)

Experts criticize Ontario's Bill 212 in the letter for allowing highway construction to begin immediately in certain areas, even “before authorizations under other provincial acts”—such as the Endangered Species Act—”have been issued, or Indigenous consultations have occurred.”

As reported by The Pointer previously, Bill 212 includes provisions for the Highway 413 Act which accelerates construction of the highway by exempting the project from the provincial Environmental Assessment Act and creating a fast-tracked process for building the 59-kilometre highway and its extensions along Highways 410 and 427. 

The swift passage of this bill has raised concerns among experts, environmental groups, and residents, who argue that it reflects a disregard for environmental protections in favor of “getting shovels in the ground.” Critics fear that it will allow the project to bypass proper scrutiny and approval processes.

The Act also gives the province power to not only disclose less information about the project, but also greenlight 24-hour construction on the highways, which could significantly harm migrating birds and nocturnal species, and make it more difficult for landowners along the route to oppose it.

“We need to base our policy and political decisions on clear information, and that information needs to be shared transparently with citizens,” Savan said.

The IAAC confirmed in a statement shared with The Pointer that while the designation request is under review, it does not pause the work being carried out by the federal-provincial working group.

“The federal-provincial working group has met so far to receive updates on the Ontario Ministry of Transportation’s (MTO, the proponent) workplan and fieldwork, to receive briefings on the Highway 413 Act including proposed early works, and to clarify federal permitting requirements,” the IAAC statement reads. “The working group will continue to meet until Environment and Climate Change Canada and Fisheries and Oceans Canada have made decisions on authorizations or permits, or have reached consensus with MTO within their respective mandates in relation to the project.”

As the provincial and federal governments continue to work together through this joint group, it has not stopped the Ford government from pushing forward with legislation that former Caledon councillor Ian Sinclair described as an “abominable attack on democracy” during a council meeting on Highway 413.

The IAAC also said that the “provincial Highway 413 Act would not change the work of the federal-provincial Highway 413 Working Group.”

The Ford government has made its intentions clear: to build more in an effort to address housing needs and alleviate congestion. 

Experts and residents have also made their stance clear on the government’s approach being misguided, and steering away from science and research.

Savan says it is “discouraging” to see that the Ontario government has ignored existing research and science about how to solve congestion, and how to make it worse.

“It has been repeatedly shown that a new highway will not reduce congestion, it might increase congestion,” she explained, noting that new highways typically result in induced congestion—a phenomenon where more road capacity attracts more vehicles, ultimately worsening traffic.

Experts, including Martin Collier, Founder of Transport Futures, have echoed this view, advocating for a multimodal approach to addressing congestion in the Greater Toronto and Hamilton Area (GTHA) as a more effective solution than expanding road infrastructure.

Savan says we also know how to reduce congestion. 

The solution lies in “incentivizing active transportation,” such as walking, cycling, and using e-bikes, alongside improving public and regional transportation networks while discouraging automobile commuting, with congestion charges being one effective strategy as seen across the world. 

Surveys have shown that Ontarians resoundingly reject the 413 Highway plan.

(Alexis Wright/The Pointer)

Singapore has implemented congestion pricing since 1975, successfully managing traffic flow, maintaining travel speeds, reducing tailpipe emissions, and boosting public transit usage, even as car ownership has risen.

"It's not rocket science—we need to promote non-automobile travel, which is healthier, better for the climate, and more sustainable for our infrastructure. This approach reduces the need for heavy investments in roads and taxes, and leads to fewer hospitalizations, morbidity, and mortality," she added.

Another issue with Ford's build more approach is its contribution to urban sprawl.

The problem with building on agricultural and conservation land is that these areas are poorly served by regional transportation and are far from “employment centers,” Savan explained. 

“By building in areas with poor public transit options, you’re not solving the housing crisis. You're forcing people to drive more, which only increases congestion,” she said while encouraging the government to focus on densifying areas already served by transportation networks.

A recent report from the Alliance for a Liveable Ontario and Environmental Defence offers an alternative solution to the housing crisis, advocating for the development of mid-rise, infill housing and the repurposing of underutilized public lands as more sustainable and affordable options.

Ontario’s housing crisis is no secret, nor is the city’s infamous traffic congestion—so much so that even Hollywood celebrities and pro athletes have had to walk to their venues, frustrated by the gridlock. While there are alternative, science-backed solutions to both housing and transportation issues, the real question is whether the provincial government will heed expert advice or continue to prioritize political agendas.

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