Ontario nets major infrastructure win as Guilbeault concedes on Impact Assessment Act

The Canadian Press / Amber Bracken and The Canadian Press / Chris Young

The Trudeau Liberals will no longer assess the environmental impact of a major Ontario roadway after reaching a deal with its provincial government.

According to a Federal Court ruling, Highway 413 will no longer be subject to the Impact Assessment Act after both governments agreed to mutually assess the project and tackle issues as they arise.

Ontario earlier accused Ottawa of overreach before filing a joint consent order with the court on March 20 to discontinue the roadway’s federal assessment.

Environment Minister Steven Guilbeault welcomed the agreement on Monday as evidence of collaboration on their shared jurisdiction surrounding the environment.

"It ensures federal interests will be maintained on the protection of species while offering Ontario, in light of the recent Supreme Court's decision, a greater level of clarity around the review process for the Highway 413 Project," reads the statement.

In its decision, the Federal Court said Guilbeault "acted beyond his constitutional jurisdiction" when designating the Highway 413 project in May 2021.

For more than two years, Ottawa stymied the 52-kilometre highway, forcing the province to fight the feds over its constitutional right to manage and develop its resources. Once completed, Highway 413 will connect the York, Peel, and Halton regions to reduce gridlock in existing roadways.

The Federal Court ruling relied on the Supreme Court of Canada’s decision in Impact Assessment Act Reference, which Alberta authored, according to a joint statement by Premier Daniele Smith and her Solicitor General Mickey Amery.

On Tuesday, the province of Alberta congratulated Ontario on their victory against the "largely unconstitutional" bill. “Alberta strongly supported the Ontario government’s pursuit of a judicial review,” reads a government news release.

"We hope this will serve as yet another lesson for the federal government," reads the joint statement. "It must abandon its federal impact assessment scheme and stop scaring away investment and causing unnecessary chaos and confusion across the country."

Alberta Premier Danielle Smith says she "tried" to work "in good faith" with Environment Minister Steven Guilbeault.

"He has no interest in working" with the provinces, she says, calling Guilbeault "an ideologue."https://t.co/dh39RL8IFZ pic.twitter.com/2S1bjKicLW

— Rebel News (@RebelNewsOnline) April 12, 2024

According to the province of Ontario, its transportation ministry and the Impact Assessment Agency of Canada struck a bargain to "recommend appropriate measures to minimize environmental impacts in areas of federal environmental jurisdiction." 

The agency’s "collective expertise" will ensure impacts to at-risk species are minimal and given consideration at the design stage.

The province also notes its own environmental assessment process is "well underway." 

"Both Canada and Ontario have robust and transparent regulatory regimes to ensure the environment is protected before major projects are developed," according to a statement from the Ontario government.

Transportation Minister Prabmeet Sarkaria hopes to begin working on the major roadway within the next year.

Had the federal environment assessment remained in place, it would have delayed the Highway 413 project by five years.

WATCH: Alberta minister of transportation slams Steven Guilbeault's 'no new roads' comment

REPORT by @TheVoiceAlexa: https://t.co/yt0cOAS6MJ

— Rebel News (@RebelNewsOnline) April 17, 2024

"We want to see investment grow across this country, not have it driven away by unbalanced, unpredictable new rules for large-scale infrastructure projects," said the Government of Alberta. 

With the federal government intending to table amendments to the Impact Assessment Act this spring — without disclosing specifics — Alberta lambasted the feds over its failure to prioritize meaningful engagement. 

"Alberta will stand up to Ottawa as many times as it takes until the federal government abandons its attempts to resurrect this unconstitutional act. It’s time for the federal government to listen to the Constitution and Canadians."