Concerns Regarding Proposed…

Concerns Regarding Proposed Amendments to the Ontario Heritage Act (Bill 5)
Dear Mr. McGregor,
The Mohawk Council of Akwesasne (MCA) is writing to you in response to the proposed changes to the Ontario Heritage Act, R.S.O. 1990, specifically the proposed amendments concerning the mechanism to exempt parties from undertaking archaeological work, and the proposed immunity clause. These changes, proposed in Bill 5 under the Protect Ontario by Unleashing Our Economy Act, have serious consequences for the history, identity, and culture of First Nations people.
The archaeological sites of Ontario represent the 13,000+ year history of the First Nations people. This antiquity is multiple times greater than the Great Pyramids of Egypt, and studying the past provides a renewed life to the people who were living in a time of megafauna such as the mammoth, mastodon, and giant beaver. To allow for lands to be exempt from archaeology silences the ancestors and robs the First Nations of their past.
The proposed Act claims to protect Ontario from threats emanating from the United States of America, yet the proposed changes do little to safeguard Ontario’s heritage. Instead, they appear to prioritize the interests and profits of the development community. Archaeological work in the province is not required for every project, and in the vast majority of cases, it is cost-effective and completed well in advance of project timelines. It is difficult to understand how eliminating archaeological work contributes to the protection of Ontario.
Rather than exempting archaeology or determining whose history is worth preserving, MCA urges the government to explore more constructive options, such as requiring developers to work collaboratively with archaeologists to avoid areas of archaeological potential, or reviewing and improving the archaeological report review process. If the delays are due to report review timelines, then it is the responsibility of the government to properly fund and resource the ministry, not to dismantle the Ontario Heritage Act.
The proposed immunity clause is also deeply troubling. Although the full details of the clause have not been shared, it appears to absolve both the government and developers of responsibility. What happens if human remains are uncovered during construction on a project that was exempt from archaeological review? Will there be no recourse for First Nation communities to address the disturbance and damage to their ancestors? In Nipigon last year, Parks Canada failed to undertake archaeological work, and human remains were discovered in the box of a dump truck. That situation continues to cause delays and strain relationships. Surely, developers would prefer to identify such sites and ancestral resting places before construction begins.
While proponents of these changes may argue that exemptions will be rare, the mere existence of a mechanism to bypass archaeology opens the door to the administrative erasure of First Nations history, and places the remains of our ancestors at risk.
MCA reminds the Province that it was Progressive Conservative Premier Bill Davis who, 50 years ago, had the foresight and respect to introduce the Ontario Heritage Act while also increasing investments in health care and education. If today’s Progressive Conservative government sees itself as the steward of traditional values, it should reflect on the legacy of Premier Davis, who led with courage in the face of adversity, including during the 1973 energy crisis.
The Mohawk Council of Akwesasne urges you to remove the proposed exemption from Bill 5 and instead seek solutions that respect and protect Ontario’s full and diverse history. No government or developer should hold the power to neglect or erase the deep and continuing history of the First Nations people. Erasing that history will only weaken and divide society.

Letter of support from Archaeological Research Associates Ltd.
Letter of Support for the Mohawk Council of Akwesasne
This letter is in support of the Mohawk Council of Akwesasne in response to Bill 5 (Protect
Ontario by Unleashing our Economy Act,2025). Framed as an economic stimulus package,
if passed this bill would impose:
 Marginalization of Indigenous rights and environmental knowledge.
 Rollback of existing environmental protections.
 Increased risk to biodiversity and endangered species.
 Insufficient environmental oversight and assessment of development
projects.
 Prioritization of short-term economic gains at the expense of long-term
environmental sustainability.
ARA remains committed in its support to the first peoples of Canada, their histories,
languages and cultures. First Nations' relationship to the land is spiritual and that spiritual
connection is constitutionally recognized and legally protected. Access to the land and
participation in land use decision-making processes to protect their spirituality, cultural
practices, and traditions has been a key concern for First Nations since European contact.
The Royal Proclamation, signed in 1763 by King George III, has driven the relationship
between the Crown and Aboriginal Peoples. The Supreme Court of Canada, in 1973, in
the Calder decision, recognized that Aboriginal title existed in law, and therefore could be
enforced and further declared Aboriginal title to be “a right to the land itself.” According to
the Supreme Court of Canada, the First Nation relationship and ownership of the land are
legally recognized and constitutionally protected in Section 35 of the Constitution Act.
ARA strongly opposes Bill 5 which contains no affirmation to protect the rights of
Indigenous peoples, as set out in the United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP). If passed, this bill is an infringement upon First Nations
treaty rights and the province of Ontario’s duty to consult, jeopardizing First Nations
cultural heritage and the environment.
We demand the government of Ontario remove Bill 5 in its entirety and uphold the
Government of Canada’s duty to Indigenous peoples right to free, prior and informed
consent that affect their lands, territories and rights.

Sincerely,
Archaeological Research Associates Ltd.