Re: Schedule 3 of Bill 5 -…

Re: Schedule 3 of Bill 5 - Protect Ontario by Unleashing Our Economy Act, 2025

I implore the Government of Ontario to withdraw Schedule 3 of the proposed Bill 5, which seeks to exempt significant projects, including the Eagle’s Nest Mine, from the rigorous scrutiny mandated by the Environmental Assessment Act (EAA). This proposed exemption raises multiple concerns that warrant close attention and immediate action.

1. Unjustified Termination of Environmental Assessments

The proposed amendments under Schedule 3 of Bill 5 would unjustifiably terminate the environmental assessment for the Eagle’s Nest Mine. This termination eliminates the comprehensive analysis of potential risks to vital components of our ecosystem—water, wildlife, and human health. The EAA serves as a critical tool to ensure that such evaluations are conducted thoroughly and transparently, and its removal undermines the protective framework that has been established for the benefit of all Ontarians.

2. Ignoring Indigenous Rights

Furthermore, it is imperative to highlight that Bill 5 fails to acknowledge Indigenous rights, particularly the Crown’s Duty to Consult and the principle of free, prior, and informed consent as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The lack of consultation with Indigenous communities regarding the implications of exempting the Eagle’s Nest Mine from environmental assessments is not only a legal oversight but also a moral failing that must be rectified.

3. Lack of Compelling Justification

The Ontario government has not provided a compelling rationale for the exemption of the Eagle’s Nest Mine from the EAA. The technical briefing accompanying Bill 5 merely states that the environmental assessment requirements are “outdated” without any substantive evidence or case-specific information to support this claim. This vagueness raises serious questions about the motivations behind the proposed changes and whether they truly serve the public interest.

4. Public Interest and Environmental Protection

Exempting the Eagle’s Nest Mine Project is fundamentally inconsistent with the public interest purpose of the EAA, which is to protect, conserve, and manage our environment responsibly. The EAA is not merely bureaucratic “red tape”; it is a vital process designed to assess environmental risks and ensure that projects are developed in a manner that is sustainable and equitable. The proposed exemption undermines this critical goal.

5. Insufficient Oversight

It is essential to recognise that the substantive requirements of the EAA are not replicated in other environmental approvals applicable to the Eagle’s Nest Mine. For instance, the EAA uniquely mandates an examination of the project’s need, alternatives, and social and economic impacts—elements that are not covered under the Mining Act. By exempting the project from the EAA, we risk allowing significant environmental planning matters to be overlooked entirely.

6. Absence of Federal Oversight

Moreover, the Eagle’s Nest Mine Project is not currently subject to the federal Impact Assessment Act (IAA), as its proposed capacity falls below the threshold that would trigger such an assessment. Therefore, exempting the project from the EAA effectively removes any environmental assessment requirements, leaving a regulatory void that could have dire consequences for our environment.

Conclusion and Recommendation

In light of the aforementioned concerns, I respectfully submit that the provincial government must withdraw Schedule 3 of Bill 5. It is essential that the EAA continues to fully apply to the Eagle’s Nest Mine Project to uphold Ontario’s commitment to environmental protection, Indigenous rights, and the public interest.