Initial public consultation…

Initial public consultation concerns:

Proposed Bill 5, “Protecting Ontario by Unleashing our Economy Act” is split into 10 different schedules and whereby some schedules have a different ERO reference number of input and others do not (Schedules 1, 4 & 8)
ERO numbers for response, all due at the same time, May 17, 2025 - 30 days in this instance doesn’t allow for adequate public stakeholder input given the range and depth of the proposed legislative changes.
Given the haste with which all the components of this Bill have been put together, there should be serious concern about how much expert and scientific consultation was sought as part of the preparation process.

Summary of Ontario’s Legislative Changes (10 Schedules, 2025)

These are the potential benefits the province is looking to secure:
Faster Project Approvals, especially in Special Economic Zones and Ontario Place.
Streamlined Energy Procurement allows the government to prioritize local or aligned suppliers in energy projects of its choosing.
Flexible Development Tools allows the government to modify or exempt regulations in priority zones

Key Concerns If Implemented - the ‘not-so-hidden’ cost:

Environmental Oversight Weakened:
Several laws now limit or bypass public consultation, especially under the Environmental Bill of Rights. This reduces transparency and accountability.

Species Protections Rolled Back:
The new Species Conservation Act replaces the stronger Endangered Species Act, softening legal protections and enabling more development in sensitive habitats.

Indigenous Rights Overlooked:
Though artifacts may be returned to Indigenous communities, the broader exemption powers and lack of consultation could undermine Indigenous stewardship of land and heritage.

Erosion of Democratic Participation:
Legal rights to comment, appeal, or sue over environmental and development decisions are restricted or extinguished in several areas, limiting public and legal recourse.

Specific to ERO 025 - 0409: This Schedule makes major changes to how mining is managed in Ontario, especially when it comes to protecting what the government calls the “strategic national mineral supply chain”—basically, making sure important minerals (like those used in batteries or electronics) are controlled and prioritized.

Key Concerns:
Economic Growth Takes Priority Over Environmental and Indigenous Concerns
The Act now explicitly states that mining activities should support Ontario’s economy. By embedding economic growth into the law’s purpose, environmental protection and Indigenous rights risk being sidelined when they are perceived to conflict with industry interests.

Minister Can Suspend Mining Rules With No Public Input
The Minister has new authority to suspend parts of the online mining claim system to protect the mineral supply chain. This power can be used without consultation, including on lands that may hold environmental significance or fall within Indigenous territories.

Fast-Tracking Mining Projects Reduces Oversight
A new permitting team can accelerate mining approvals by coordinating across ministries. This push for speed increases the risk that environmental reviews, duty-to-consult obligations, and community concerns will be bypassed or minimized.

Minister Can Deny or Cancel Mining Leases Without Safeguards
The Minister can now block or cancel leases and claims if they believe it benefits the mineral supply chain. This expands state control over land decisions — without guarantees that Indigenous rights, environmental harm, or treaty obligations will be considered.

Communities Cannot Challenge Harmful Decisions in Court
The law removes the right to take legal action against decisions made under these new powers — even if a mining claim threatens ecological health or violates Indigenous jurisdiction. By extinguishing legal challenges, it cuts off one of the few tools communities have to defend land and water.

In short:
These changes give the Ontario government sweeping new powers to control who can access or develop Ontario’s mineral resources, especially critical minerals. It prioritizes economic and national interests, and allows the government to override existing rights, cancel claims, or fast-track projects, often without public input. The removal of legal recourse also means people and communities can’t challenge these decisions in court, which raises serious concerns for landowners, Indigenous groups, and environmental advocates.

Specific to Schedule 6 ERO 025-0409- Ontario Energy Act 1998

Key Concerns:

New Rules (Sections 43.1 & 73) give more centralized power:
The government can limit where certain goods or services are purchased, based on their country, region, or territory of origin.
These restrictions can apply to:
Gas companies and their subsidiaries — that the government chooses through regulations. (Section 43.1)
Licensed energy companies and their subsidiaries — again, only the ones specified in regulations. (Section 73)

Basically, if the government says so, these companies can be told not to buy from certain places, even from within Canada.

Protection from Lawsuits (Section 134)
A new section says you can’t sue the government (or certain other people) over things they did, didn’t do or will do.

Related Schedule 7 ERO 025-0418 - Heritage Act Proposed Amendments to the Ontario Heritage Act, Schedule 7 of the Protect Ontario by Unleashing our Economy Act, 2025

Key Concerns:

Loss of Control Over Ancestral Lands:
The Minister can now order inspections on any land, even underwater, without consent. This could include traditional territories, raising the risk of intrusion, disruption, or claims on culturally important areas without involving Indigenous voices.

Barriers to Accessing Sacred Artifacts:
The law blocks anyone from touching or moving potential artifacts until a licensed archaeologist says it’s okay. This creates a colonial gatekeeping system, where Indigenous people may be denied access to their own cultural items or sites.

Artifacts Could Still Be Taken First, Returned Later—If at All:
Although some artifacts may be handed to Indigenous communities, this only happens after they’re seized. The power to decide where artifacts go still lies with the Minister, not the community they belong to.

Cultural Sites Can Be Ignored for Development:
The government can now exempt lands from heritage protections to prioritize housing or infrastructure. That means sacred or significant Indigenous sites can legally be bulldozed and communities have no legal way to stop it or seek justice.

Increased Surveillance Without Consent:
Investigators have new powers to search, seize, and demand documents—raising concerns about surveillance of Indigenous groups, cultural organizations, or businesses involved in heritage protection or repatriation efforts.

Related ERO 025 - 0380 - The Ontario government is proposing major changes to the Endangered Species Act, 2007, and many of them reduce protections for at-risk wildlife and give the government more control over decisions.

Key Concerns:

Weakened Purpose of the Act: The overall goal of the Act is being changed, which could shift the focus away from strong protection of species at risk.

Redefining “Habitat” (s. 2(1)): The definition of what counts as a species’ “habitat” is being updated, which could narrow what areas get protected.

Minister Can Delegate Power (s. 2.1): The Minister of the Environment can now hand over their powers to others, potentially reducing oversight.

Listing of Species is No Longer Automatic (s. 7):
Right now, species assessed as endangered or threatened by COSSARO (the expert science committee) must be listed and protected.
Under the changes, the government can choose whether or not to list those species (s. 7(1)).
If a species is removed from the list, its protections immediately end (s. 7(3)).
Immediate Protections Removed: Species that get listed will no longer get automatic, temporary protection while full regulations are developed.

Removal of Response Plans and Agreements: The government will no longer be required to create action plans or agreements to help species recover.
Easier to Approve Harmful Activities (s. 17): The rules are changed so permits to damage or destroy species or their habitats can be granted more easily, with fewer conditions.

Hearings Eliminated (s. 20 & 30): The right to a hearing on certain species-related decisions is being replaced with a more limited appeals process.

End of Species Protection Fund (s. 20.3): The flow of money into the fund used for species recovery is being stopped.

Agency Wind-Down (s. 20.19): The agency that helps implement the Act will be shut down.

New Powers to Demand Info (s. 22.1): People must now answer questions from government officials to check if they’re following the rules.

More Inspections, Less Oversight: Officials can now inspect without a warrant in more cases.

Shift in Enforcement Powers: Stop orders are removed, and new orders like mitigation orders are added, giving more control to the Minister and provincial officers.

Advisory Committees Removed: The Minister is no longer required to set up advisory groups with experts.

Special Regulation Requirements Repealed (s. 57): Rules that made it harder to weaken protections through regulations are gone.

Schedules Repealed: Schedules 1 to 5, which included lists of species and habitat details, are being removed.
In short:
Endangered and at-risk species and the avenues to protect them have been dismantled in order to facilitate development.