SCHEDULE 8: REBUILDING…

Across all schedules of Bill 5 – Protect Ontario by Unleashing Our Economy Act, 2025 – there is a notable and concerning absence of any explicit reference to consultation with First Nations. This does not reflect the Ontario Crown’s legal duty to consult and accommodate under Section 35 of the Constitution Act, nor does it align with the spirit of reconciliation.

SCHEDULE 8: REBUILDING ONTARIO PLACE ACT
The changes outlined in Schedule 8 raise significant concerns related to First Nations governance, Ontario’s lack of transparency, and the exclusion of First Nations voices from a major redevelopment project. This provision grants the provincial government sweeping authority over Ontario Place and loosely defined surrounding lands, bypassing existing planning frameworks, environmental safeguards, and meaningful consultation processes. The implications of such centralized control warrant serious scrutiny, particularly in the context of previous efforts to limit local and First Nations engagement in land-use decisions.

The designation of 'Ontario Place' under this Act is extremely broad, giving the government the ability to include adjacent lands under the designation and thereby exempt them from standard protections. This flexibility effectively enables the province to determine what is and is not protected based on its own interests, rather than any objective standard or consultation process. The original version of this Act was seemingly passed to reduce third party influence over the Ontario Place redevelopment project. This latest iteration replicates that approach but now excludes First Nations from involvement as well. This is not typical of sound legislative procedures and raises serious concerns about Ontario’s lack of transparency and accountability.

In its current form, Schedule 8 of the Rebuilding Ontario Place Act grants the provincial government unchecked authority to redefine land designations and exempt key areas from established planning, environmental, and consultation frameworks.

To address these concerns, Ontario must revise Schedule 8 by clearly limiting the scope of the designation powers, reinstating full environmental and planning protections, and mandating consultation with First Nations.