Ontario’s proposed Bill 5,…

Ontario’s proposed Bill 5, the Protect Ontario by Unleashing Our Economy Act, represents a profound and troubling shift away from responsible environmental stewardship, Indigenous rights, and democratic governance. While the government frames this omnibus legislation as a necessary step to accelerate development and economic growth in a challenging trade environment, the bill’s provisions fundamentally weaken protections for species at risk, diminish Indigenous consultation, and concentrate unchecked power in the hands of the Cabinet. This comment outlines the significant negative implications of Bill 5, drawing on detailed analyses from environmental organizations, Indigenous leaders, and academic critiques.

At the heart of Bill 5 is the repeal of Ontario’s Endangered Species Act (ESA), a critical piece of legislation that has safeguarded vulnerable species and their habitats for nearly two decades (Ecojustice, 2025, p. 2). The proposed replacement, the Species Conservation Act (SCA), drastically narrows the legal definition of “habitat” to only the immediate dwelling areas such as nests or dens, excluding feeding grounds, migration corridors, and broader ecosystems essential for species survival (The Narwhal, 2025, p. 3; Ecojustice, 2025, p. 2). This reduction in scope will fragment habitats, accelerating species decline and extinction — a scientifically indefensible outcome (Ecojustice, 2025, p. 2; CBC News, 2025, p. 3).
Moreover, Bill 5 removes the requirement for mandatory recovery strategies and government accountability in ensuring species recovery (The Narwhal, 2025, p. 9; CBC News, 2025, p. 4). Decisions about which species to protect shift from scientific committees to political discretion by Cabinet, eroding evidence-based policymaking (Ecojustice, 2025, p. 2; Environmental Defence Canada, 2025, p. 3). The transition from a rigorous permit system to a self-administered online registration process further weakens oversight, allowing proponents to proceed immediately with activities potentially harmful to species without independent review or public transparency (Ecojustice, 2025, p. 3; Environmental Registry of Ontario, 2025, p. 6). This “registration-first” approach removes essential safeguards, leaving species at risk to the whims of industry and political expediency.
Bill 5’s provisions critically undermine Indigenous rights and consultation processes. Special Economic Zones (SEZs) grant the Premier and Cabinet the authority to exempt any area or project from provincial and municipal laws, including environmental and heritage protections, without meaningful consultation or legislative oversight (Environmental Defence Canada, 2025, p. 1–2; The Narwhal, 2025, p. 4–6). Indigenous communities, particularly those in the mineral-rich Ring of Fire region, have expressed unequivocal opposition to the bill, warning it violates their constitutional rights and threatens their ancestral lands (CBC News, 2025, p. 2–3; Ecojustice, 2025, p. 3).
The bill also exempts developments from archaeological assessments based on vague provincial priorities, risking irreversible damage to Indigenous cultural heritage (Environmental Defence Canada, 2025, p. 2). This rollback represents a step backward from decades of progress on Indigenous reconciliation and Crown obligations (Environmental Defence Canada, 2025, p. 2). The lack of explicit mechanisms to uphold the Duty to Consult Indigenous peoples in Bill 5 contradicts constitutional requirements and undermines trust and partnership (The Narwhal, 2025, p. 6–7; CBC News, 2025, p. 3).
The establishment of SEZs creates “law-free zones” where the government can suspend virtually all provincial and municipal laws, including environmental protections, labour standards, and health and safety regulations (Bill 5 V2 Backgrounder, 2025, p. 1–2). This unprecedented delegation of legislative power to the executive is anti-democratic and risks creating sacrifice zones that disproportionately harm vulnerable communities and ecosystems (Environmental Defence Canada, 2025, p. 2; The Narwhal, 2025, p. 4).
Furthermore, Bill 5 exempts certain projects from environmental assessments, including the Eagle’s Nest mine and the Dresden landfill, removing opportunities for meaningful public and Indigenous review (The Narwhal, 2025, p. 10–11). Such exemptions threaten transparency, scientific rigour, and public trust in environmental governance.
While the government justifies Bill 5 as a response to trade uncertainties and a means to foster economic growth, this rationale is short-sighted and unsupported by evidence (The Narwhal, 2025, p. 3). Weakening environmental protections risks long-term ecological damage that can undermine economic resilience, public health, and social well-being. Moreover, the bill’s approach mirrors regressive policies, such as those seen in the Trump administration, that prioritize short-term gains at the expense of environmental sustainability and Indigenous rights (Environmental Defence Canada, 2025, p. 1; Ecojustice, 2025, p. 4).

Bill 5 threatens to dismantle Ontario’s robust environmental protections, erode Indigenous rights, and centralize unchecked power in the executive branch, undermining democratic principles. It is imperative that the government withdraws or substantially revises the bill to:
- Retain science-based species protection, including comprehensive habitat definitions and mandatory recovery strategies.
- Uphold the Duty to Consult and protect Indigenous cultural heritage through mandatory archaeological assessments.
- Remove or strictly limit SEZ powers to ensure legislative oversight and public accountability.
- Preserve rigorous environmental assessment processes that include Indigenous and public participation.
Ontarians deserve a future where economic development coexists with environmental stewardship, respect for Indigenous sovereignty, and democratic governance. Bill 5, in its current form, fails to deliver on these promises.