The ORA is writing in…

The ORA is writing in response to Bill 5, Protecting Ontario by Unleashing the Economy Act, 2025,
introduced to the Ontario Legislature on April 15, 2025, and its associated schedules and
Environmental Registry of Ontario (ERO) postings. ORA strongly opposes this sweeping omnibus
bill, which undermines Ontario’s environmental protections, public and Indigenous rights, and
constitutional and legal obligations. Bill 5 and its related schedules represent a regressive and
dangerous rollback of vital environmental safeguards and democratic oversight mechanisms.
We have also addressed ERO 025-0391, Special Economic Zones Act, 2025; and ERO 025-0380
Proposed interim changes to the Endangered Species Act, 2007, and a Proposal for the
Conservation Act, 2025, under separate cover.

To keep it simple, we have organized our comments under the relevant ERO numbers and
schedules, grouped into Key Concerns, Implications, and Recommendations.

1. ERO 025-0409 – Proposed Amendments to the Mining Act, Electricity Act, and Ontario
Energy Board Act to protect Ontario’s Economy and Build a More Prosperous Ontario

Related to Bill 5:
• Schedule 1, Amendments to the Electricity Act, 1998;
• Schedule 5, Amendments to the Mining Act; and
• Schedule 6, Amendments to the Ontario Energy Board Act, 1998

Key Concerns:

• Schedules 1 and 6 would extinguish the causes of action and limit liability against the
Crown, IESO, OPG and other specified persons.
• Schedule 5 delivers huge changes to the purposes of the Mining Act and delivers broad
Crown immunity.
• Implements “One Project, One Process” (1P1P) to streamline mine project permitting
through the Minister of Mines and Energy and the Permitting Delivery Team, but avoids
environmental scrutiny by the public and Indigenous communities.
• Removes the Ontario Energy Board’s (OEB) oversight of electricity transmission projects
under 20 km and transfers authority to the Minister of Mines and Energy.
• Grants the government new powers to limit foreign participation in Ontario’s energy sector.
Implications:
• Clause 1 of Schedule 1 amendments to the Electricity Act, 1998, would extinguish
specified causes of action against the Crown, the IESO and OPG, and other specified
persons.
• Clause 3 of Schedule 6 amendments to the Ontario Energy Board Act, 1998, would
extinguish specified causes of action against the Crown and other specified persons.
• Schedules 1 and 6 also limit liability and undermine the rule of law.
• Schedule 5 amendments would change the purpose of the Mining Act, significantly
enhance the Minister of Energy and Mines’ power to regulate mining operations,
streamline delivery commitments, and establish broad Crown immunity.
• Violates environmental justice and transparency principles under Ontario’s Environmental
Bill of Rights, 1993.⁴
• Undermines democratic accountability by concentrating decision-making in the executive
branch.
• Violates the Crown’s duty to consult with Indigenous peoples under section 35 of the
Constitution Act, 1982.
• Erodes land use planning and Indigenous consent in the Ring of Fire and other vulnerable
territories.⁵
• Protects bad actions by the government and shields it from legal accountability.

No justification has been provided for the broad limits to litigation against the Crown, IESO, OPG
or other unnamed persons, which only further undermines our confidence in the government’s
intent and ability to make decisions in the best interest of the environment and communities.

Recommendations:

1. Withdraw Schedules 1, 5 and 6.
2. Amend the purpose section in the Mining Act as follows:
a. State that mining should be undertaken in a culturally, socially, environmentally
and economically sustainable and responsible manner.
b. Reflect a commitment to prevent impacts on public health and safety and the
environment as opposed to minimizing them.
c. Reflect a commitment to fully rehabilitate mine sites.
3. Restore robust provincial EA processes and OEB oversight.
4. Maintain OEB’s independent oversight of all transmission projects regardless of length.
5. Prohibit government override of environmental assessment and consultation obligations.
6. Reject 1P1P until Ontario enacts stronger EA processes aligned with the public interest
and Indigenous rights.

4. ERO 025-0416 – Protect Ontario by Unleashing our Economy Act, 2025
Related to Bill 5, Schedule 8: Amendments to Rebuilding Ontario Place Act, 2023

Key Concerns:

• Removes Ontario Place redevelopment projects from both the Environmental Bill of Rights
and Environmental Assessment Act processes.
• Provides the Minister with sweeping discretionary powers to override permitting and
approval pathways.
• Excludes Part II of the EBR from applying to any instrument relating to Ontario Place
enterprises or activities.

Implications:

• Undermines public access and participation in environmental decision-making in major
urban redevelopment projects.
• Risks significant adverse impacts to Lake Ontario, aquatic species, and shoreline
ecosystems.
• Excluding Part II of the EBR undermines Ontario law on public participation.

Recommendations:

7. Withdraw Schedule 8 of Bill 5.
8. Restore Ontario Place’s obligations under the EAA and EBR.
9. Mandate a full EA for all large-scale waterfront developments with ecological footprint
implications.

5. ERO 025-0418 – Proposed Amendments to the Ontario Heritage Act

Related to Bill 5: Schedule 7 – Protect Ontario by Unleashing our Economy Act, 2025

Key Concerns:

• A reactive approach, rather than a preventive approach to heritage protection.
• Enables Ministerial exemption of development projects from archaeological and heritage
assessments.
• Expands Ministerial control and discretion over compliance and enforcement.

Implications:

• Threatens burial sites, cultural artifacts, and the heritage of Indigenous and settler
communities.
• Violates the duty to consult and accommodate under Section 35 of the Constitution Act,
1982.³

Recommendations:

10. Withdraw Schedule 7 of Bill 5.
11. Ensure a preventative approach to heritage protection.
12. Maintain mandatory archaeological assessments for all development projects.
13. Require rigorous collaboration with Indigenous communities and licensed archaeologists
in land-use planning.

3. ERO 025-0389 and ERO 025-0396 – Removal of Environmental Assessment Requirements
for the York1 Waste Disposal Site Project and the Eagle’s Nest Mine Project

Related to Bill 5: Schedule 3 – Amendments to the Environmental Assessment Act

Key Concerns:

• If enacted, Schedule 3 would terminate any prior agreements or Terms of Reference
approvals, and the Projects would no longer be subject to the EAA.
• Curtails public scrutiny of a high-impact industrial waste facility and mine project.
• Exempts a major landfill and waste processing facility from Environmental Assessment
Act requirements.⁶
• Exempts a major mining project from Environmental Assessment Act requirements.
• Revokes O. Reg. 284/24, eliminating the project's designation as subject to a comprehensive
EA.

Implications:

• Exempting the two projects is inconsistent with the public interest purpose of the EAA.
• Ensuring the EAA is fairly applied is not red tape but is essential to protecting the
environment and local communities.
• Ignores the cumulative impacts of air, water, and noise pollution in a rural and agricultural
region.
• Weakens democratic accountability and undermines the precautionary principle.
• Endangers nearby watercourses and soil quality through unassessed risks.
• Sets a dangerous precedent for other landfills, mining or large infrastructure projects.

Recommendations:

14. Withdraw Schedule 3 in its entirety.
15. Reinstate full EA requirements for the York1 Project and all major waste facilities.
16. Reinstate full EA requirements for the Eagle’s Nest Mining Project and all major mining
facilities.
17. Require meaningful and transparent cumulative impact assessments and full public
consultation.
18. Uphold the Environmental Bill of Rights and restore O. Reg. 284/24.

Conclusion:

Bill 5 and its associated schedules and ERO postings represent a sweeping and unprecedented
attack on Ontario’s environmental rule of law, public participation rights, and Indigenous
sovereignty and rights. The Protecting Ontario by Unleashing the Economy Act, 2025, is misinformation—it does not protect Ontario but rather dismantles the province's core
environmental, legal, and democratic foundations.

ORA strongly urges the Government of Ontario to withdraw Bill 5 in its entirety. We call for a
renewed commitment to evidence-based decision-making, constitutional and treaty rights, robust
environmental protections, and a transparent and accountable governance framework that respects the rights and interests of all Ontarians.