Follow-up to petition 466 on environmental effects of the Bradford Bypass construction on fish and fish habitat

Petition: 480

Issue(s): Biological diversity; Fisheries; Human/environmental health; Indigenous matters; Water

Petitioner(s): Canadian organizations

Petitioner location(s): Aurora, Ontario; East Gwillimbury, Ontario

Date received: 6 March 2023

Status: Completed - Response(s) to petition received

Summary: This petition is a follow-up to Petition 466 and continues to raise concerns about the proposed Bradford Bypass connecting Highway 400 and Highway 404 in the County of Simcoe, Ontario. The petition raises concerns about the expected harmful effects the bypass will cause on the Lake Simcoe watershed, specifically the wetlands, the greenbelt, and the fish in Lake Simcoe and its tributaries. The petition asks that the federal government ensure that Canada complies with the obligations under sections 2.4 and 36(3) of the Fisheries Act to ensure that the health of Lake Simcoe, its tributaries, and First Nations inhabitants is protected.

According to the petition, the Ontario Ministry of Transportation is relying on a protocol agreement with Fisheries and Oceans Canada and on an Ontario Environmental Protection Act regulation that allows de icing products to be used to clear ice and snow from Ontario highways. The petition asserts that the snow and ice-clearing maintenance of the highways violates section 36(3) of the Fisheries Act because road salt, a deleterious substance, will be introduced into federally regulated waters that are fish habitats. The petition maintains that the salt detrimentally affects Lake Simcoe’s fish and ecosystem, and the Bradford Bypass will likely significantly increase the accretion rate, resulting in the lake reaching its critical chloride level before 2058 as originally estimated. The petition asks whether the responsible department will enforce section 36(3) of the Fisheries Act regarding the Ontario Ministry of Transportation’s de-icing operations of the proposed Bradford Bypass and the provincial highways and what additional steps the Minister of Environment and Climate Change will take to address the chloride issues in Lake Simcoe and its tributaries.

The petition alleges that the Ontario Ministry of Transportation ignored the concerns and recommendations of the Chippewas of Georgina Island regarding the proposed Bradford Bypass and that section 34.1(1) of the Fisheries Act requires the responsible department to consider Indigenous peoples’ knowledge when making certain decisions related to the fish and fish habitat protection provisions of the act. The petition questions whether the Minister of Fisheries, Oceans and the Canadian Coast Guard will become familiar with the positions of members of the Williams Treaties First Nations concerning road salt pollution of Lake Simcoe and use this information when making decisions related to the fish and fish habitat protection provisions of the act concerning the proposed Bradford Bypass.

According to the petition, the proposed Bradford Bypass is now being increased from 4 to 8 lanes. The petition inquires whether the responsible department will reconsider its decision to deny a prior request for designation for an impact assessment of this project when considering the need and justification for this highway.

Federal departments/organizations responsible for reply: Environment and Climate Change Canada; Fisheries and Oceans Canada