Ontario asks court to prevent feds from 'holding up' Highway 413, Ontario Place

Ontario is applying for judicial review of the federal government's involvement in controversial projects like Highway 413 and Ontario Placeto"ensure that federal decision makers can no longer impede desperately needed infrastructure projects," the province says.

In a news conference on Tuesday, Attorney General Doug Downey said the decision to take legal action was spurred by the Supreme Court of Canada's decision on Oct. 13.

It found that the federal government'sImpact Assessment Act which gives Ottawa the power to assess the environmental impactof major industrial projectsis largely unconstitutionalbecause it regulates activities that fall under provincial purview.

"We need the federal government to respect these processes and not stand in the way of critical projects," said Downey.

"By getting certainty that these projects can proceed, we'll be able to continue our vital work building the strongest possible province."

Downey said the province has "imminent decisions being held up" by the federal government on Highway 413,which would serveGreater Toronto Area communities including Vaughan and Brampton, and onOntario Place, the Toronto waterfront attraction that the government is in the midst of redeveloping.

In the wake of the ruling, the province says it is asking the courts to officially declare the vast majority of the act to be of no force and effect. It'slooking for legal certainty that these projects can proceed which will inform if other plans,includingtheFirst Nations-led process to buildroads connecting the Ring of Fire region, can go forward as well.

Several environmental advocates, First Nations, municipal politiciansand residents have voiced opposition to the projects.

Details of Highway 413, Ontario Place plans

Guilbeault decided in 2021 to apply the act to Highway 413 based on potential impacts on three species at risk. The province wrotein court documents filed Tuesday thatit has resulted in "significant delays to a project that is of the highest priority to the province."

"For over two years, Ontario has been engaged in back-and-forth discussions with the [Impact Assessment Agency of Canada]which had numerous follow-up questions and requests for information or revisions that are not connected to the reasons why the minister designated the project," government lawyers wrote.

"Ontario has faced significant uncertainty and delays in progressing preliminary design and its own environmental assessment of the project, in part, because the agency has been unwilling to approve the fieldwork required to complete this work."

The government has said Highway 413 would help alleviate congestion across the York, Peel and Halton regions, but opposition and environmental groups have said it will not end up saving commuters much time and will cut into important farmland and green space.

The federal government says it hasn't received the province's initial project description so it can start the impact assessment process.

When it comes to Ontario Place, a community group has asked Guilbeault to apply the act to the site, and he has until Dec. 27 to respond.

"It's all critical infrastructure," Downey said.

Part of the Ontario Place redevelopment includes, controversially, a $350-million spa and waterpark from European company Therme and a large underground parking lot for more than 2,000 cars.

WATCH | Citics remain opposed to Ontario Place redesign:

Therme Canada unveils a new design for Ontario Place redevelopment

1 year ago

Duration 2:41

The redesigned plans feature a smaller main building and more public park space. While the province has praised the redesign, critics remain opposed.

Provincethreatening environment: critics

NDP environment critic Sandy Shaw said the court filings show the Progressive Conservative government has misplaced priorities.

"This is a government that will stop at nothing, in my opinion, to remove obstacles for their insiders to build, whether it's the right place or not," she said.

Phil Pothen, theOntario environment program manager for advocacy group Environmental Defence, says the province's attempt to have the actinvalidated before the federal government had a chance to tweak the legislation is "a threat to environmental protection and protection of the public interest."

"It is intended to create a temporary unregulated 'no-mans-land'in areas that remain squarely within federal jurisdiction," Pothen wrote in a statement.

"The Impact Assessment Act can easily be amended to comply with the Supreme Court's decision without undermining the federal government's ability to move forward with a full and thorough impact assessment of Highway 413."

The group is calling on the federal government to amend the legislation on an expedited basisto "prevent the Ontario government from causing any damage, regardless of the outcome of this judicial review application."

Federal response to ruling created 'unnecessary confusion'

Despite the ruling, the court did not strike down the legislation.

Federal Environment MinisterSteven Guilbeaultpreviously said Ottawa respected the role of the Supreme Court and would follow the court's guidance, and work to improve the legislation through Parliament.

A spokesperson for Guilbeault said the act was put in place to create a better set of rules for the protection of the environment and respect for Indigenous rights.

"Since the act came into force, we have already seen major projects get approved on a faster timeline," Kaitlin Power wrote in a statement.

"It's important to recognize that the Supreme Court explicitly upheld the right of the Government of Canada to implement impact assessment legislation and to collaborate with provinces on environmental protection."

Downeysaystheprovince is open to speaking with the federal government outside of the courts. But as of now,their responsehas "created unnecessary confusion" and is "unacceptable."

"We all know that Ontario is growing at a remarkable speed,and we have a duty to ensure that our historic work building new infrastructure and services can move forward without delay," he said.

The federal legislation, first enacted in 2019, has fuelled anger over perceived federal overreach and was later challenged in court by the Alberta government. The court challengewas supported bygovernments of Saskatchewan and Ontario, three First Nations and the Indian Resource Council.

Premier Doug Ford previously welcomed the decision, saying the federal impact assessment process"needlessly duplicated Ontario's rigorous and world-leading environmental assessment requirements."