Question Period Note: Braford Bypass Project

Braford Bypass Project

• If a project not identified in the regulations has the potential to cause adverse environmental effects in areas of federal jurisdiction, it can be designated to enter the impact assessment process.
• The response of May 3, 2021, from the former Minister of Environment and Climate Change not to designate the Bradford Bypass Project, was informed by advice from the Impact Assessment Agency of Canada.
• The Agency’s advice was informed by science, Indigenous and community knowledge, input from the proponent, and consultations with other jurisdictions, as applicable.
• The recommendation considered various aspects including:
• whether the carrying out of the project may cause adverse effects within areas of federal jurisdiction;
• the public concerns related to those effects; and
• the potential impacts on the rights of the Indigenous peoples of Canada.
• The Bradford Bypass Project has not changed since last considered for designation and no new information has been submitted. As such, there is no reasonable basis to revisit the previous decision on the Project.

• The Proponent, the Ontario Ministry of Transportation, proposes to construct and operate the Bradford Bypass Project, a new 16.2-kilometre four-lane highway, which would connect Highway 400 in Bradford West Gwillimbury to Highway 404 in East Gwillimbury, Ontario.
• On February 3, 2021, Ecojustice, on behalf of Rescue Lake Simcoe Coalition and Simcoe County Greenbelt Coalition, submitted a request to designate the Project under the Impact Assessment Act. The request included concerns about potential adverse effects on fish and fish habitat, migratory birds, species at risk, and health effects from decreased air quality.
• On May 3, 2021, the former Minister of Environment and Climate Change responded with reasons that designation was unwarranted. His reasons were informed by advice from the Impact Assessment Agency of Canada and included the application of other federal and provincial regulatory review processes—including provincial approvals and permits pursuant to Ontario’s Environmental Assessment Act—and consultations with Indigenous peoples that provide a framework to address adverse effects.
• As part of its review of the designation request, the Agency received input from federal authorities, provincial ministries, the Proponent, and Huron-Wendat Nation, Curve Lake First Nation, and Hiawatha First Nation. The Agency also received over 1,500 public comments in support of the Project’s designation, most of them in response to a coordinated campaign.
• On October 7, 2021, Ontario announced that it has exempted the Project from Ontario’s Environmental Assessment Act by way of Ontario Regulation 697/21, which exempts the Proponent from the requirement to undergo a Class Environmental Assessment. The Agency’s advice to the former Minister considered that Ontario had proposed the exemption at the time of the designation request.
• On November 9, 2021, the Minister of Environment and Climate Change (the Minister) received a request from Forbid Roads Over Greenspaces, Stop the Bradford Bypass, and Concerned Citizens of King Township, to reconsider the response that designation of the Project is unwarranted. The letter expressed concerns about lack of regulatory oversight for the Project in light of Ontario Regulation 697/21, and challenged points raised in the Agency’s Analysis Report.
• Additional requests for reconsideration, raising similar issues, were sent by several community organizations, a Member of Provincial Parliament, and approximately 90 members of the public. On February 8, 2022, Leah Taylor Roy, a Member of Parliament, submitted petition e-3766 to the House of Commons calling upon the Minister to designate the Project.
• There has been no material changes to the Project since last considered for designation. As such, on February 10, 2022, the Minister replied to the November 9, 2021 request, indicating that there is no basis to revisit the former Minister’s response on the Project.

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