When archaeological…

When archaeological assessments are done properly it does not have to cause delays and should never be considered “red tape”. Done well, archaeological assessments add value to any project. This value is particularly critical now as Ontarians continue to address Reconciliation and the re-framing of our cultural identity in the face of threats to our sovereignty.
This piece of proposed legislation will gut what few protections remain for our cultural environment but not actually speed up or reduce the cost of house and road building. If anything, it will cost the government more in potential lawsuits, as relevant stakeholders build objections to the impact of this Bill.

Some of my most serious concerns relate to Schedule 7 - the Ontario Heritage Act.

1) The ERO mentions that regulations will be put into place to establish the criteria that must be met for a property to be eligible for exemption. It suggests that properties which are home to former Indian Residential School sites, burials and significant archaeological sites may not be considered for exemption. However, archaeological sites in Ontario are typically ONLY discovered in the archaeological assessment process. The idea that this legislation will protect significant archaeological sites by excusing projects from looking for them is nonsensical. That is my - and your - shared heritage that is being trashed. I do not consent to this. Who is this government to undermine these things?
2) Most of the archaeological sites in Ontario are Indigenous. Canada is a signatory to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This legislation almost certainly violates the Section 35 Constitutional rights of Ontario's Indigenous peoples. The inevitable challenge - which will likely succeed - will be costly and embarrassing.
3) Exempting properties from archaeological assessment by Orders in Council means that archaeological sites – including Indigenous ones – could be destroyed in secret. What is the process by which exemptions will be granted? Will the government grant themselves a pass for costly archaeological assessments that regular citizens and businesses will be required to complete?
4) The “provincial priorities” listed encompass the triggers for almost the entirety of the archaeological work that is done in the province.
5) The text notes that requirements under the Funeral, Burial, and Cremations Services Act, 2002 will continue to be in force – presumably to ensure that cemeteries are protected. However, most Indigenous cemeteries and burials are sitting UNKNOWN out in the landscape. One of the primary reasons we do archaeological assessments is to ensure that the thousands of unmarked and undocumented Indigenous burials across the province are located BEFORE they are disturbed by the development process.

The archaeological assessment process has been in place in Ontario since 1983. It has been in effect for a number of housing boom and bust cycles. Its impact on homebuilding and house prices has always been negligible. I've never met a poor developer, nor a rich archaeologist. That should tell you everything you need to know about where this legislation comes from, who benefits from it, and how much Ontario REALLY needs it. We don't need more housing; we need more affordable, non-condominium, family-sized housing. Trashing our shared environment and heritage is not going to achieve this - sound planning and real investment will.