Bill 5 would weaken key…

Bill 5 would weaken key environmental laws and create “law-free” special economic zones exempt from legal protections and public oversight, where provincial laws, regulations, instruments, municipal by-laws, and municipal instruments can be suspended to enable “trusted proponents” to develop projects.

Canada is a democratic society subject to the rule of law. This bill raises serious concerns about the rule of law and avoids public accountability by seeking to shield government decisions from civil liability.

In addition, Bill 5 would narrow the definition of an endangered specie’s “habitat,” to dwellings and its immediate surroundings, excluding areas critical to full life cycle needs. It would also empower cabinet to ignore – without criteria – science-based proposals to list a species at risk under the Act. Non-listed species will receive no protection under the Act. It amends and replaces the Endangered Species Act (ESA) with a narrower Species Conservation Act, which focuses on economic development, undermines habitat definitions, removes automatic listing of species at risk, and weakens governmental powers to protect species.

Bill 5 repeatedly fails to acknowledge indigenous rights, including the Crown’s Duty to Consult and the principle of free, prior and informed consent outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Bill 5 should be withdrawn and not further considered by the Legislative Assembly of Ontario until they are substantially modified to ensure robust protection for the environment, human health, and vulnerable members of the Ontario public, including Indigenous peoples, who may otherwise be harmed by the amendments contained in the various schedules.