Statement by Tim Gray, Executive Director

Toronto | Traditional territories of the Mississaugas of the Credit, the Anishinaabeg, the Haudenosaunee, and the Wendat – Late last week, the Ontario Ministry of Transportation (MTO)’s released the final Environmental Impact Assessment Report (EIAR) for the planned path for Highway 413 across the headwaters of the Credit and Humber Rivers and Etobicoke Creek.

A review of the final EIAR confirms that the revisions in the environmental assessment do not address the concerns of the federal  government, Indigenous communities or public interest organizations.

There were major deficiencies in the draft EIAR. For example, one issue was the prediction that the mega-highway would have a “limited impact” on the environment – this was entirely unsubstantiated. Secondly, the strategies to mitigate the environmental damage from the highway were inadequate. Our review has identified that the final EIAR has left both of these issues fundamentally unchanged. Our review identified that MTO continues to underestimate the impacts of the mega-highway while proposing inadequate strategies to protect key species from extinction. This confirms that the public review process was not used as a genuine opportunity to improve the environmental assessment. 

Of note is the continued inadequacy of the Species at Risk (SAR) assessments in the EIAR that according to key scientific and policy experts is far from meeting federal regulatory compliance and permitting standards. The MTO’s focus on general mitigation and compensation tactics while not avoiding the threats to these species will contribute to the local extinction of key endangered species including the largest remaining populations of the Redside Dace (a coldwater minnow species), the Rapids Clubtail (a dragonfly species) and the Western Chorus Frog in Ontario. For the endangered Rapids Clubtail, the MTO acknowledges that “compensation/offsetting measures for the species have shown little success in recent studies” – yet also offers no avoidance or mitigation measures. 

By publishing a Final EIAR before the completion of targeted surveys for dozens of Species at Risk including fish (e.g. redside dace), birds (e.g. bobolink, eastern meadowlark, chimney swift and bank swallows) and trees (e.g. black ash and butternut) demonstrates that protection of highly sensitive species is seen as an afterthought and not as a pre-requisite for sound planning of the highway route and construction methods. . 

As a result of the deficiencies identified – particularly in the Species at Risk assessments, cumulative effects, and alternatives analysis – the final EIAR is inadequate for sound decision-making by the federal government with regard to permitting for the proposed highway. As a starting point, the federal government should require MTO to complete all the field surveys, including multi-season bat maternity roost surveys, comprehensive Redside Dace habitat surveys with eDNA, Jefferson Salamander surveys, and turtle telemetry studies before the EIAR can be finalized.

The minimal changes between the draft and final versions suggest that the Environmental Assessment  process has been treated as a hurdle to clear rather than a genuine inquiry into whether the project should proceed as proposed.

Background Information:

• Construction of Highway 413 is estimated to cost between $14 and $18 billion.
• Despite the enormous financial costs and ecological impacts of the proposed highway, the Ontario government continues to suppress public participation rights. Over a year ago, through Bill 212, the Ontario government eliminated public appeal rights for Highway 413 afforded under the Environmental Bill of Rights. 
• This pattern continues with the EIAR review: the MTO only provided Indigenous communities, municipalities and the public with just over a month to review and provide comments on the technical report and schedules that number over 1700 pages. 
• Following the close of the public consultation period on January 6th, 2026 – MTO released the final EIAR on March 12th, 2026.

ABOUT ENVIRONMENTAL DEFENCE (environmentaldefence.ca): Environmental Defence is a leading Canadian advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

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For more information or to request an interview, please contact:

Karishma Porwal, media@environmentaldefence.ca