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Fixed link bridge to the Toronto City Centre Airport, Toronto Islands

Petition: No. 81

Issue(s): Biological diversity, environmental assessment, transport, and water

Petitioner(s): Lake Ontario Waterkeeper

Date Received: 14 July 2003

Status: Completed

Summary: This petition concerns the federal environmental assessment for the proposed fixed link bridge to the Toronto City Centre Airport. An environmental assessment was carried out for a similar proposal in the late 1990s, but the bridge was never constructed. Some changes have taken place in the meantime, including the construction of the Spadina Quay wetland. 

Federal Departments Responsible for Reply: Environment Canada, Fisheries and Oceans Canada, Transport Canada

Petition

July 4, 2003

Office of the Auditor General of Canada
and the Commissioner of the Environment and Sustainable Development
Attention: Petitions
240 Sparks Street
Ottawa, Ontario K1A 0G6
petitions@oag-bvg.gc.ca

RE: Waterkeeper petition regarding Fixed Link environmental assessment

Dear Petitions Officer,

Please find enclosed a petition to Transport Canada, Department of Fisheries and Oceans, and Environment Canada, submitted under the Auditor General Act.

The questions outlined in the petition below deal with the ongoing environmental assessment for the construction of a fixed link to the Toronto Island Airport. The agencies identified above have been involved with the project in some capacity since the first screening report was prepared in 1999.

If you have any questions or require further information, please do not hesitate to contact me at any time.

Yours truly,

[Original signed by Krystyn Tully]

Krystyn Tully
Executive Director
Lake Ontario Waterkeeper
245 Queen's Quay West
Toronto, Ontario M5J 2K9
Tel.: (416) 861-1237
news@waterkeeper.ca
www.waterkeeper.ca

Petition to the Commissioner of the Environment and Sustainable Development

Background

An environmental assessment for the fixed link (bridge) to the Toronto City Centre Airport is listed in the Federal Environmental Assessment Index as project number 6209, titled, "Toronto City Centre Airport-A Fixed Link." Until recently, the lead responsible authority was listed as Transport Canada and the project proponent was the Toronto Harbour Commission. That assessment was completed in September, 1999, but the fixed link was never constructed.

Recently, the Toronto Port Authority (TPA) posted the Project 6209 description to its web site (www.torontoport.com), indicating that the TPA has assumed the role of project proponent. No Federal Responsible Authorities have been identified yet. The 1999 EA report and a draft 2003 EA report can also be found on the web site of the Toronto Port Authority.

Three months prior to the completion of the 1999 environmental assessment report, the Toronto Port Authority was created (June 1999). The Port Authority, which replaced the Toronto Harbour Commission, is required to adhere to the Canadian Port Authority Environmental Assessment Regulations, which came into being in July, 1999. Harbour Commissions, however, are exempt from the Canadian Environmental Assessment Act under s. 2(1).

This petition seeks to clarify what should happen when a project proponent and/or responsible authority changes. We also wish to clarify the correct procedures for dealing with time lapses between completion of an assessment and commencement of construction, and addressing changes to the local environment which may have occurred during that time lapse.

Lake Ontario Waterkeeper's comments on the draft 2003 EA report and can be found on our web site, www.waterkeeper.ca. A hard copy of these comments has been included with this submission, for your records*.

Questions

Transport Canada

Transport Canada was listed as the lead Responsible Authority for the original fixed link project, but is not referred to on the Port Authority project. The Minister of Transport is also the individual to whom the Toronto Port Authority reports.

  1. The Federal Environmental Assessment Index once listed Transport Canada as the Responsible Authority for the fixed link project at Toronto City Centre Airport. Could you describe the role Transport Canada will play in the implementation and oversight of the new project? Similarly, what role, if any, will the Minister of Transportation play?

  2. Will Transport Canada be issuing any permits, providing any financial support or in any other way contributing to the construction and/or operation of the fixed link?

  3. Does the Toronto Port Authority require any authorization and/or permit from Transport Canada before it can construct the fixed link?

  4. Does the draft environmental assessment report, released in May 2003 and updated in June 2003, provide Transport Canada with all the information it needs to authorize the construction of a fixed link, assuming such authorization is necessary?

Department of Fisheries and Oceans

According to the 1999 screening process, Department of Fisheries and Oceans is responsible for evaluating and, if appropriate, providing permits for construction and/or operation of the fixed link under the Navigable Waters Protection Act, and the Fisheries Act.

The Spadina Quay Wetland, referred to in the sections below, was constructed at Spadina Road and Queen's Quay and opened in 2000. The wetland includes pike spawning areas, fish and bird habitat, and has reintroduced a variety of native plants, shrubs, and trees to the waterfront. The wetland project did not exist when the 1999 report was prepared.

Fisheries and the fixed link

  1. The environmental assessment found that there would be no net loss of fish habitat. This finding was based on the premises that

    a. limited fish habitat existed within the Western Channel, and
    b. the Spadina Quay Wetland would be constructed after the fixed link was completed1.

    Since the Spadina Quay Wetland was completed in 2000, and construction on the fixed link has not yet begun, should the impact on fish habitat be reassessed during the 2003 EA process?

  2. What mitigating factors have been incorporated into the implementation and monitoring program of the 2003 EA to ensure that construction of the fixed link will still result in an overall benefit to fish habitat?

  3. As part of the 2003 EA process, what specific measures have been taken to assess the potential impacts of construction and/or operation of the fixed link on fish spawning grounds and/or runs?

  4. What measures have been taken since 2000 to assess the impacts on fish and fish habitat near the Spadina Quay Wetland from construction of the fixed link?

  5. What measures have been taken since 2000 to assess the impacts on fish and fish habitat near the Spadina Quay Wetland from operation of the fixed link?

  6. Is a reassessment of fish habitat in the fixed link area required before the fixed link project can begin? If so, why? If not, why not?

  7. The environmental assessment report states that, once in operation, controlling runoff from the moveable portion of the bridge is not practical2. Would this runoff, which would likely include salt/de-icing chemicals and oils, require authorization under the Fisheries Act? Why or why not?

  8. If authorization under the Fisheries Act is required for both the operation and the construction of the fixed link, can construction begin before such authorization has been secured?

  9. Has any person or agency applied for a Fisheries Act authorization in connection with the fixed link project?

  10. Are there currently active files for the fixed link project, under s. 5 of NWPA and s. 35 of Fisheries Act? Is any reassessment process underway due to the lapse of time between the issuance of the 1999 report and the 2003 project proposal?

  11. How has the Coast Guard been involved in the fixed link project to date? Is future involvement likely?

Environment Canada

Lake Ontario Waterkeeper's office is located right on the Toronto waterfront, just a few blocks from the Toronto City Centre Airport ferry terminal. Our presence on the water has led us to notice the large number of migratory birds which frequent the Toronto waterfront, including numerous species of rare ducks.

The 1999 screening report makes no reference to migratory birds, native birds, or bird habitat. The only reference to birds of any kind is in connection with "nuisance birds" which interfere with airplane traffic and safety.

Our research suggests that construction of the fixed link may require a permit under the Migratory Birds Regulations. The issue of migratory birds, however, does not appear to have been explored in either the 1999 or the 2003 environmental assessment reports. While supporting documents contained in the registry for the 2003 EA suggest that the Toronto waterfront is an important region for migratory birds, the draft report claims that the region is not highly valued.

Environment Canada was not listed as a responsible authority on the original FEAI registry.

Migratory birds and the Fixed Link project

  1. What was Environment Canada's role in the original Toronto City Centre Airport Fixed Link environmental assessment?

  2. Will Environment Canada play a role in the 2003 Fixed Link environmental assessment process?

  3. Is a permit under any section of the Migratory Birds Regulations, including s. 35, required in order to construct a fixed link to the Toronto City Centre Airport? Why or why not?

  4. Has any person or agency applied for a Migratory Birds Regulations permit in connection with the fixed link project? If so, when? Has it been granted? Why or why not?

  5. Does the 2003 fixed link environmental assessment contain sufficient baseline information regarding migratory birds and/or their habitat?

  6. Were any concerns ever raised regarding the lack of migratory birds information contained in the 1999 report?

  7. Should the 2003 environmental assessment include any monitoring requirements for assessing impacts on migratory birds and/or their habitat during construction of the fixed link?

  8. Should the 2003 environmental assessment include any monitoring requirements for assessing impacts on migratory birds and/or their habitat during operation of the fixed link?

  9. Is Environment Canada of the opinion that 2003 fixed link screening report satisfies the necessary requirements for a permit under the Migratory Birds Regulations, if such a permit is required?

Water Quality standards and the Toronto City Centre Airport

  1. The 2003 environmental assessment report (referring to the 1999 report) states that, once in operation, controlling runoff from the moveable portion of the bridge is not practical3. Would this runoff, which would likely include salt/de-icing chemicals and oils, require a permit under the Migratory Birds Regulations?

  2. The Project Effects Summary for the fixed link project states that road runoff is likely to have minor localized effects, which are therefore "not considered significant.4" What is Environment Canada's policy regarding pollution which, though individual sources may be localized, may cumulatively have a severe impact on water quality, i.e., stormwater runoff?

  3. Does the analysis provided in the 2003 fixed link screening report satisfy Environment Canada's cumulative impacts policy?

  4. Has Environment Canada seen reliable data regarding potential impacts of the fixed link on the Spadina Quay Wetland?

  5. Does Environment Canada have any concerns regarding potential impacts (including cumulative impacts) of construction or operation of the fixed link on migratory birds and wetland health in the Toronto region?

  6. In May 2002, Environment Minister David Anderson pledged $37,500 to the Spadina Quay Wetland project. This important wetland was constructed in 2000, after the completion of the fixed link environmental assessment. What considerations have been made for protection of this fish habitat and wetland area during construction and/or operation of the fixed link?

  7. What is Environment Canada's policy on monitoring and/or altering projects which are likely to impact wetland restoration and construction projects funded by Environment Canada?

Thank you for your assistance.

[Original signed by Krystyn Tully]

Krystyn Tully
July 4, 2003
Lake Ontario Waterkeeper

*[attachment not available]

1 Fixed Link Environmental Assessment Project Effects Summary. Table 5.5 - Aquatic Environment and Water Quality Point 1. November 2001. http://www.torontoport.com/THC/fixedlink/tbl-55.pdf

2 Fixed Link Environmental Assessment Project Effects Summary. Table 5.5 - Aquatic Environment and Water Quality Point 4. November 2001. http://www.torontoport.com/THC/fixedlink/tbl-55.pdf

3 Fixed Link Environmental Assessment Project Effects Summary. Table 5.5 - Aquatic Environment and Water Quality Point 4. November 2001. http://www.torontoport.com/THC/fixedlink/tbl-55.pdf

4 Fixed Link Environmental Assessment Project Effects Summary. Table 5.5 - Aquatic Environment and Water Quality Point 4. November 2001. http://www.torontoport.com/THC/fixedlink/tbl-55.pdf

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Minister's Response: Environment Canada

October 29, 2003

Ms. Krystyn Tully
Executive Director
Lake Ontario Keeper
245 Queen's Quay West
Toronto ON M5J 2K9

Dear Ms. Tully:

I am writing to provide Environment Canada's response to your petition No. 81 to the Auditor General and Commissioner of the Environment and Sustainable Development, regarding the proposal by the Toronto Port Authority to construct a fixed link bridge to the Toronto City Centre Airport. Your petition was received in the Department on July 17, 2003.

In this petition, you raise several concerns, some of which fall outside of Environment Canada's areas of responsibility. My department's response to questions 16 to 31, which pertain to my mandate as Minister of the Environment, is enclosed. I understand that my colleagues from the Department of Transport and Fisheries and Oceans Canada will be sending separate responses.

I appreciate this opportunity to respond to your concerns, and trust that you will find this information helpful.

Yours sincerely,

[Original signed by David Anderson, Minister of the Environment]

David Anderson, P.C., M.P.

ENVIRONMENT CANADA
RESPONSE TO ENVIRONMENTAL PETITION No. 81
UNDER THE AUDITOR GENERAL ACT

SUBMITTED BY

KRYSTYN TULLY, EXECUTIVE DIRECTOR
LAKE ONTARIO KEEPER

A PROPOSAL BY THE TORONTO PORT AUTHORITY TO CONSTRUCT
A FIXED LINK TO THE TORONTO CITY CENTRE AIRPORT


16. What was Environment Canada's role in the original Toronto City Centre Airport Fixed Link environmental assessment?

Environment Canada participated in the original Toronto City Centre Airport Fixed Link environmental assessment as an expert federal authority, providing specialist advice to the responsible authorities.

17. Will Environment Canada play a role in the 2003 Fixed Link environmental assessment process?

Environment Canada has participated in the Toronto Port Authority's recent environmental assessment of the fixed link, as an expert department providing specialist advice.

18. Is a permit under any section of the Migratory Bird Regulations, including section 35, required in order to construct a fixed link to the Toronto City Centre Airport? Why or why not?

No permit is required under the Migratory Bird Regulations in order to construct the fixed link. The permit authority under section 35 of the Migratory Bird Regulations is related to scientific purposes.

19. Has any person or agency applied for a Migratory Bird Regulations permit in connection with the fixed link project? If so, when? Has it been granted? Why or why not?

There is no permit requirement under the Migratory Bird Regulations for this project. No permit under the Regulations has been requested.

20. Does the 2003 fixed link environmental assessment contain sufficient baseline information regarding migratory birds and/or their habitat?

It is Environment Canada's view that the 2003 environmental assessment report contains adequate baseline information regarding migratory birds and their habitat.

21. Were any concerns ever raised regarding the lack of migratory birds information contained in the 1999 report?

Environment Canada did not raise any concerns over potential impacts of the fixed link on migratory birds during the 1999 environmental assessment.

22. Should the 2003 environmental assessment include any monitoring requirements for assessing impacts on migratory birds and/or their habitat during construction of the fixed link?

Environment Canada has not requested that any monitoring be conducted for possible impacts on migratory birds during construction of the fixed link.

23. Should the 2003 environmental assessment include any monitoring requirements for assessing impacts on migratory birds and/or their habitat during operation of the fixed link?

Environment Canada has not requested that any monitoring be conducted for possible impacts on migratory birds during operation of the fixed link.

24. Is Environment Canada of the opinion that 2003 fixed link screening report satisfies the necessary requirements for a permit under the Migratory Birds Regulations, if such a permit is required?

As mentioned previously, there is no permit requirement under the Migratory Bird Regulations for this project.

25. The 2003 environmental assessment report (referring to the 1999 report) states that, once in operation, controlling runoff from the moveable portion of the bridge is not practical. Would this runoff, which would likely include salt/de-icing chemicals and oils, require a permit under the Migratory Birds Regulations?

No provisions exist under the Migratory Bird Regulations for the issuance of permits to allow for the discharge of runoff water into migratory bird habitat, therefore, no permit can be issued in this situation.

26. The Project Effects Summary for the fixed link project states that road runoff is likely to have minor localized effects, which are therefore "not considered significant." What is Environment Canada's policy regarding pollution which, though individual sources may be localized, may cumulatively have a severe impact on water quality, i.e. stormwater runoff?

The 1987 Federal Water Policy guides water-related activities of all federal departments. Its specific policy guidance includes advocating pollution prevention through cooperation with provinces, environmental groups and the public. Environment Canada implements this water protection policy for Toronto in part, through carrying out the commitments made by the Government of Canada in the 1987 Great Lakes Water Quality Agreement, the purpose of which is to restore and maintain the chemical, physical and biological integrity of the waters of the Great Lakes Basin Ecosystem and to reduce to the maximum extent practicable, the discharge of pollutants into the Great Lakes system. Environment Canada and the Ontario Ministry of the Environment are the lead agencies responsible for restoring beneficial uses to the (formerly Metro) Toronto and Region Area of Concern.

Through the Remedial Action Plan (RAP), beach closures, eutrophication and restrictions on fish consumption were among the beneficial use impairments identified that needed to be addressed through action directed at localized sources that were impacting on water quality, including discharges from combined sewers, storm sewers and agricultural non-point sources in the upper regions of the watershed. One of the goals of the RAP is that discharges to Toronto's waterfront should not contain harmful micro-organisms or hazardous chemicals at levels which impair beneficial uses, inhibit biota, or produce other adverse impacts on the ecosystem. Further information is available in the RAP Stage II document, "Clean Waters, Clear Choices." To obtain a copy of this document, please contact Carolyn O'Neill, Environment Canada Ontario Region, Environmental Conservation Branch, 4905 Dufferin Street, Downsview ON M3H 5T4; telephone (416) 739-5990.

Environment Canada has administrative responsibility for the pollution prevention provisions of the federal Fisheries Act. Subsection 36(3) prohibits the deposit of deleterious substances of any type into water frequented by fish. Any discharge to water, whether localized or widespread, that is brought to Environment Canada's attention as a potential violation of the Act is reviewed by departmental officials, and actions are taken as per the guidance provided by the Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act.

27. Does the analysis provided in the 2003 fixed link screening report satisfy Environment Canada's cumulative impacts policy?

Environment Canada is satisfied that, through the implementation of the proposed mitigation measures, as identified in the environmental assessment report, the fixed link project is not likely to result in significant cumulative effects on water quality.

28. Has Environment Canada seen reliable data regarding potential impacts of the fixed link on the Spadina Quay Wetland?

The environmental assessment report considered the environmental effects of the fixed link project on the surrounding environment, which would include the vicinity of the Spadina Quay Wetland.

29. Does Environment Canada have any concerns regarding potential impacts (including cumulative impacts) of construction or operation of the fixed link on migratory birds and wetland health in the Toronto region?

Environment Canada does not have any outstanding concerns regarding potential effects, cumulative or otherwise, of construction or operation of the fixed link on migratory birds and wetland health in the Toronto region.

30. In May 2002, Environment Minister David Anderson pledged $37 500 to the Spadina Quay Wetland project. This important wetland was constructed in 2000, after the completion of the fixed link environmental assessment. What considerations have been made for protection of this fish habitat and wetland area during construction and/or operation of the fixed link?

The mitigation measures identified in the environmental assessment, if implemented, should ensure that the Spadina Quay Wetland will not be adversely affected by the fixed link construction and operation.

31. What is Environment Canada's policy on monitoring and/or altering projects which are likely to impact wetland restoration and construction projects funded by Environment Canada?

Projects funded by Environment Canada's EcoAction Community Funding Program are monitored by program officials on a quarterly basis for the duration of the project. Once the project is completed, a final report is submitted by the funding recipient and reviewed by program officials. If the project is satisfactorily completed, then no further monitoring activities are undertaken.

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Minister's Response: Fisheries and Oceans Canada

October 22, 2003

Ms. Krystyn Tully
Executive Director
Lake Ontario Keeper
245 Queen's Quay west
Toronto, Ontario
M5J 2K9

Dear Ms. Tully:

This is in response to your petition of July 4, 2003, forwarded to me on July 15 by Ms. Johanne Gélinas, Commissioner of the Environment and Sustainable Development, and to your e-mail of July 28, expressing your concerns about the bridge proposed by the Toronto Port Authority across the Western Gap of the Toronto Waterfront, Lake Ontario, in relation to the Toronto City Centre Airport.

Fisheries and Oceans Canada's (DFO's) interest in this matter is with the bridge proposal. This stems from DFO's responsibilities under the habitat protection provisions of the Fisheries Act, and the Navigable Waters Protection Act. On this basis DFO participated in the federal environmental assessment pursuant to the Canadian Environmental Assessment Act (CEAA) - together with other federal authorities to which CEAA applied - that was completed in 1999. It was determined that the bridge project was not likely to cause significant adverse environmental effects.

DFO has considered your concerns. In addition, as you may be aware, the Toronto Port Authority has conducted an environmental assessment pursuant to the federal Canada Port Authority Environmental Assessment Regulations. DFO and the other federal departments that participated in the 1999 CEAA assessment have met with the Toronto Port Authority while it has conducted its environmental assessment.

Further, DFO would not consider proceeding with the issuance of its regulatory approvals under either the Fisheries Act or the Navigable Waters Protection Act until DFO has had the opportunity to review the Toronto Port Authority's assessment.

Thank you for bringing your concerns to my attention.

Yours truly,

[Original signed by Robert G. Thibault, Minister of Fisheries and Oceans]

Robert G. Thibault

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Minister's Response: Transport Canada

November 11, 2003

Ms. Krystyn Tully
Executive Director, Lake Ontario Waterkeeper
245 Queen's Quay West
Toronto, Ontario
M5J 2K9


Dear Ms. Tully:

I am writing in response to your letter of July 4, 2003, that was forwarded to my department on July 16, 2003 by the Commissioner of the Environment and Sustainable Development, regarding the environmental assessment for the construction of a fixed link to the Toronto Island Airport. Your petition (petition #81) has been carefully reviewed and the following information is provided in response to the specific questions posed to Transport Canada.

Question # 1

The Federal Environmental Assessment Index once listed Transport Canada as the Responsible Authority for the fixed link project at Toronto City Centre Airport. Could you describe the role Transport Canada will play in the implementation and oversight of the new project? Similarly, what role, if any, will the Minister of Transportation play?

Transport Canada will play no official role in the implementation and oversight of the current project which is the same project as assessed in 1999. The Government of Canada has agreed to changes to the Tripartite Agreement between the Toronto Port Authority, the City of Toronto and the Government of Canada that will remove the prohibition of a fixed link between Toronto Island and the foot of Bathurst Street.

Question #2

Will Transport Canada be issuing any permits, providing any financial support or in any other way contributing to the construction and/or operation of the fixed link?

Transport Canada will not issue any permits nor provide any financial support or contribution to either the construction or operation of the fixed link.

Question #3

Does the Toronto Port Authority require any authorization and/or permit from Transport Canada before it can construct the fixed link?

The Toronto Port Authority does not require any authorization and/or permit from Transport Canada that would require an environmental assessment pursuant to paragraph 5(1)d) of the Canadian Environmental Assessment Act.

Question #4

Does the draft environmental assessment report, released in May 2003 and updated in June 2003, provide Transport Canada with all the information it needs to authorize the construction of a fixed link, assuming that such an authorization is necessary?

There is no requirement for an authorization from Transport Canada to proceed with the construction of the fixed link.

Thank you for bringing these matters to my attention. I trust that the foregoing has clarified Transport Canada's position.

Yours sincerely,

[Original signed by David Collenette, Minister of Transport]

Hon. David M. Collenette, P.C., M.P.