Comment
Subject: ERO 025-0409: Proposed amendments to the Mining Act 1990, Electricity Act 1998, and Ontario Energy Board Act 1998, to protect Ontario’s Economy and Build a More Prosperous Ontario
The Ontario Federation of Anglers and Hunters Foundation (OFAH Foundation) is dedicated to preserving Ontario's natural heritage through conservation research, habitat restoration, and educational initiatives that promote sustainable outdoor activities. As a leader in conservation, we work collaboratively with partners, experts, and communities throughout Ontario to protect and enhance fish and wildlife populations for today and future generations. We have reviewed ERO 025-0409 (schedule 5 of Bill 5) and offer the following comments for consideration.
Intent and framing
The proposed amendments to the Mining Act would largely shift the Act to being expressly industry-centric, allowing its application to be tailored to large, preferred proponents. Changes to the Act’s stated purpose, for example, so that encouragement of prospecting, registration of mining claims and exploration for the development of mineral resources “must be to a degree that is consistent with the protection of Ontario’s economy” are markedly ambiguous. Allowing the Minister to issue refunds to proponents when government does not meet “service standards,” while industry has little obligation to meet timelines themselves, is also fundamentally asymmetrical and calls the province’s priorities into question.
Ministerial powers
As with much of Bill 5, we are especially concerned about the centralization of power to elected officials proposed under this ERO. The broad powers to suspend, revoke, or deny claims, licences, lease, and orders, including without cause, compensation, or hearings, represents a significant shift in government transparency and accountability. We are very concerned that this Ministerial power will be used only with economic benefits in mind and not with due consideration for the environment. We are also concerned that orders will be adjusted to accommodate “preferred” proponents despite the consequences for the surrounding environment and, by extension, those who utilize it. Such an approach could be especially damaging when considered alongside the proximity of many mining projects to the critical habitat of species at risk like the woodland caribou.
Natural resource extraction continues to represent critical economic opportunity for our province, and it is important to ensure this remains a priority going forward. Unfortunately, these opportunities come with responsibility that often goes overlooked. The devastating impacts of irresponsible mining practices in Ontario and elsewhere are well documented, often permanently altering the landscape, the water system, and biodiversity. It is evident that Ontario cannot accommodate its current mining legacy, with literally thousands of abandoned mines existing across the province and little to no understanding of the long-term consequences or cost of these projects. The provincial government has, by now, spent hundreds of millions of tax dollars on abandoned mining projects that should have been resolved by their proponents, and some of these projects will require hundreds of years or more in monitoring and remediation (OAGO, 2015).
As a conservation-based organization, OFAH Foundation places great emphasis on the health of Ontario’s ecosystems. We are therefore extremely concerned that the proposed changes, being too lenient and accommodating to industry, would threaten those values.
The OFAH recommends that this proposal be adjusted so that the intent of the act incorporates the following: “...must be to a degree that is consistent with the protection of Ontario’s economy, society, and environment”. We also recommend the Act be amended to require the Minister to consider environmental implications of decisions such as amendments to an order, and that such decisions are posted for public comment on the Environmental Registry of Ontario. OFAH Foundation is grateful for the opportunity to comment on this topic and looks forward to collaborating with the province in the future.
References
Office of the Auditor General. (2015). Annual Report of the Office of the Auditor General of Ontario. Species at Risk. https://www.auditor.on.ca/en/content/annualreports/arreports/en15/2015A…
Submitted May 16, 2025 2:42 PM
Comment on
Proposed amendments to the Mining Act 1990, Electricity Act 1998, and Ontario Energy Board Act 1998, to protect Ontario’s Economy and Build a More Prosperous Ontario.
ERO number
025-0409
Comment ID
145670
Commenting on behalf of
Comment status