1 of 33

1

2 of 33

THE CLOCK IS TICKING

How to ensure federal intervention on Highway 413 in the next three months

3 of 33

Land Acknowledgement

3

www.native-land.ca

4 of 33

Speakers

Phil Pothen, J.D., M.L.A.

Counsel & Ontario Environment Program Manager�Land Use & Land Davelopment Program Manager

Environmental Defence

Jeannine d'Entremont

Member�Halton Hills Climate Action

Tim Gray

Executive Director�Environmental Defence

4

5 of 33

Agenda

  1. Review the timeline of the Impact �Assessment changes for Highway 413

Highway 413 Q&A�

  • Review of Bill 212: Enhancing Gridlock

Bill 212 Q&A�

  • Local activism to stop Highway 413

Activism Q&A

Closing Remarks

5

6 of 33

Review the timeline �of the Impact

Assessment changes for Highway 413

Tim Gray

Executive Director�Environmental Defence

6

7 of 33

Highway 413 �Federal Impact Assessment

8 of 33

Key takeaways: Highway 413 �Federal Impact Assessment

  • The federal government has clear authority and jurisdiction to designate the 413 for Impact Assessment
  • Multiple federally protected values are threatened along the Highway
  • An Assessment would be popular with GTHA residents
  • A decision must be made by the Minister of Environment and Climate Change by January 19,2025
  • The Minister needs the support of Ontario MPs.

9 of 33

Q & A

9

Type your questions in the CHAT section now.

�Our staff will compile similar questions and then pass them on to the presenters.

10 of 33

Review of Bill 212:�Enhancing Gridlock

Phil Pothen, J.D., M.L.A.

Counsel, Ontario Environment Program Manager

Land Use & Land Development Program Manager

Environmental Defence

10

11 of 33

Bill 212 &

Impact Assessment of Highway 413

11

  1. Kneecap clean transportation - & 1000s of homes
  2. Effectively carve 413 route out of the Greenbelt

  • Exempt 413 from Ontario Environmental Impact Assessment
  • Render indigenous nations consultation meaningless
  • Conceal wildlife, natural & cultural heritage impacts

12 of 33

Bill 212 - Schedule 4: Blocking Clean Transportation & Mid-Rise Housing

12

  • Schedule 4, ss. 195.2: (1) bike lanes illegal wo provincial consent unless no re-allocation from cars & (5) “review” of existing lanes
  • No evidence or staff support for claims this would help congestion
  • Would endanger delivery and service workers and obstruct goods
  • Would block many thousands of homes: legalizemidrise.ca
    • no capacity to build enough homes if parking included
    • viability of family mid-rise dev often depends on active transp

13 of 33

Bill 212 - Schedule 4: Blocking Clean Transportation & Mid-Rise Housing

13

  • Schedule 4, ss. 195.2: (1) bike lanes illegal wo provincial consent unless no re-allocation from cars & (5) “review” of existing lanes
  • No evidence or staff support for claims this would help congestion
  • Would endanger delivery and service workers and obstruct goods
  • Would block many thousands of homes: legalizemidrise.ca
    • no capacity to build enough homes if parking included
    • viability of family mid-rise dev often depends on active transp

14 of 33

Bill 212 - Sched 3, ss. 12(1)

Effective Greenbelt Carveout

14

  • Effectively carves 413 route out of the Greenbelt
  • Highway 413 does not need to conform with the Greenbelt Plan
    • no more duty to avoid heritage features unless “no reasonable alternative”.
    • no more duty to choose location & design to minimizes NHS, water, crossings & coverage, minimize salt impact
  • Implicit admission proposed route is more damaging than available alternatives

15 of 33

Bill 212 Boosts Case for Federal Impact Assessment

15

  • Renders provincial consultation with indigenous nations meaningless

  • Conceals wildlife, natural & cultural heritage impacts from public

  • Cancelling Ont. Environmental Impact Assessment

16 of 33

Bill 212 - Sched 3, ss. 2(1)

Cancel the Provincial Environmental Assessment

16

  • Canada cannot claim to be relying on Provincial Impact Assessment to address federal matters.
  • “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. etc…”
  • Potemkin process not equivalent - and excludes (because of early works exemption) comparison against alternatives most likely to minimize federal impacts:
    • not building a highway in this area at all (relying on 407 subsidies, etc. instead)
    • changing the specific route of the highway to minimize impact

CBC

17 of 33

Bill 212 - Sched 3, ss. 3(3)

Render Indigenous Consultation Meaningless

17

  • Canada can’t rely on province to discharge Duty to Consult
  • Meaningful consultation makes decision about route, and whether to proceed at all, conditional on free, prior, informed consent of IN
  • Allow 413 “early works” before section 4 to 9, which include indigenous consultation are completed.
  • May be intended to “break up” project & narrow scope of federal IA

18 of 33

Bill 212 - Sched 3, ss. 6(4), s. 13

Hide wildlife, natural & cultural heritage impacts

18

  • Canada cannot rely on Bill 212 assessments to disclose information required for Endangered Species, Navigable Waters, permits or protection of indigenous sites.
  • Any studies of “environmental conditions” “assessment of impacts”, mitigation to be secret where “in the opinion of the Minister [they] contain information about sensitive natural or cultural heritage matters.”
  • Any changes to 413 proposal exempt from Environmental Bill of Rights

19 of 33

Q & A

19

Type your questions in the CHAT section now.

�Our staff will compile similar questions and then pass them on to the presenters.

20 of 33

Local Activism to �Stop Highway 413

Jeannine d'Entremont

Trillium Team Co-Lead�Halton Hills Climate Action

20

21 of 33

Local Stop Hwy 413 Activism

21

Last December, Halton Hills Town Council voted 9 – 2 against a second gas-fired power plant in �our community.

Several hundred people signed a letter to council and 12 Halton Hills Climate Action members and supporters delegated at a council meeting, including local high school student, Matthew Tyhurst.

The victory was covered by national media outlets.

It doesn’t take an army of people to make change.

A WIN ON GAS PLANT EXPANSION

22 of 33

Local Stop Hwy 413 Activism

22

  • Met with Milton Liberal MP, Adam Van Koeverden, Parliamentary Secretary to Environment and Climate Change Minister, Stephen Guilbeault and discussed our concerns about the highway.

  • Zoom meeting with Wellington Halton Hills MPP, Ted Arnott, who suggested we write letters and start a petition.

WHAT WE’VE DONE

23 of 33

Local Stop Hwy 413 Activism

23

LAUNCHED STOP THE 413 PETITION

Collected signatures at numerous events throughout the summer and fall.

  • Canada Day in the Glen
  • Farmers’ Markets
  • Go Green Halton Hills
  • Eco Fest
  • Seniors for Climate National Day of Action – Oct. 1
  • Stop 413 East End Toronto collected over 500 signatures!

24 of 33

Local Stop Hwy 413 Activism

24

FARMERS’ MARKET AND OPEN HOUSE

25 of 33

Local Stop Hwy 413 Activism

25

SENIORS FOR CLIMATE RALLY & ECOFAIR

26 of 33

Local Stop Hwy 413 Activism

26

JANE FOGAL SPEAKING AT ECOFAIR

27 of 33

Local Stop Hwy 413 Activism

27

  • Collected more than 1200 signatures on our petition!
  • Ontario Greens Leader Mike Schreiner presented the petition in the legislature on Nov. 1
  • Let folks know it’s not a done deal
  • Talked to hundreds of people about better alternatives to Hwy 413
  • Distributed postcards to be sent to MPs to protect species at risk

🎉 OUR RESULTS 🎉

28 of 33

Local Stop Hwy 413 Activism

28

STOP THE 413 PETITION PRESENTED NOV. 1

29 of 33

Local Stop Hwy 413 Activism

29

  • HHCA drafted a letter to the Environment Minister, cc’d to the Prime Minister, other relevant Ministers and the President of the Impact Assessment Agency of Canada outlining our concerns about Bill C212 and Hwy 413 and asking that the project be redesignated for a federal impact assessment.
  • The letter was signed by 9 other organizations, including the David Suzuki Foundation.
  • Sent on Nov. 11 – awaiting a response.

LETTER TO MINISTER STEVEN GUILBEAULT

30 of 33

Local Stop Hwy 413 Activism

30

  • Call your MP and MPP and let them know you are opposed to Hwy 413
  • Send an email briefly stating your concerns about the project and why it matters to you
  • Set up a meeting with your MP and/or MPP
  • Rally on November 22 in Orangeville and Milton

WHAT CAN YOU DO?

31 of 33

Q & A

31

Type your questions in the CHAT section now.

�Our staff will compile similar questions and then pass them on to the presenters.

32 of 33

Take Action Today

1. Call Your MP

2. Get postcards for friends and neighbours

3. Attend a rally

32

Call tonight and leave a message or watch for our calling tool in the follow-up email.

Send your mailing address and # of postcards required to engagement@environmentaldefence.ca

33 of 33

THANK �YOU

33