Bill 5 would dismantle or…

Bill 5 would dismantle or undermine many key legal protections that safeguard our environment, human health, and Indigenous rights. CELA recommends that Bill 5 be withdrawn.

In particular, Bill 5 would:

Create Special Economic Zones where it is unclear what laws, regulations or instruments will apply. It empowers the government to create Special Economic Zones where any provincial laws and municipal by-laws can be suspended.
Exempt projects from environmental reviews. The environmental assessments of the Dresden landfill and Eagle’s Nest Mine would be unjustifiably terminated, eliminating comprehensive analysis of risks to water, wildlife, and human health.
Erode mining safeguards. It weakens the Mining Act by modifying the purposes of the act and curtailing public consultation.
Weakens species protection. It amends and replaces the Endangered Species Act (ESA) with a narrower Species Conservation Act, which focuses on economic development, undermines habitat definitions, removes automatic listing of species at risk, and weakens governmental powers to protect species.
Special Economic Zones

Bill 5 includes a “Special Economic Zones Act”. It would empower the government to:

Establish “Special Economic Zones” where provincial laws, regulations, instruments, municipal by-laws, and municipal instruments can be suspended to enable “trusted proponents” to develop projects. This raises serious concerns about the rule of law.
Avoid public accountability by seeking to shield government decisions from civil liability.
Removal of Environmental Assessments

Without credible justification, if passed Bill 5 would:

Exempt two significant projects from environmental assessment requirements. This include the Dresden landfill and the Eagle’s Nest Mine, which is located in the Ring of Fire.
Erode core functions of an environmental assessment by removing requirements to review the alleged need for and alternatives to a project.
Erosion of Mining Oversight

Related to the oversight of mining projects, Bill 5 would:

Amend the purposes of the Mining Act to emphasize “protection of Ontario’s economy” without a commitment to preventing harm to public health and the environment.
Expedite the permitting process at the expense of ensuring a thorough and comprehensive review of review mine permit applications.
Weakening Species at Risk Protection

Bill 5 would significantly weaken the government’s capacity to safeguard species that are endangered, threatened or of special concern. It would:

Change the purpose of the ESA to require “sustainable economic growth” be factored into decisions related to the safeguarding of endangered species.
Narrow the definition of an endangered specie’s “habitat,” to dwellings and its immediate surroundings, excluding areas critical to full life cycle needs.
Empower cabinet to ignore – without criteria – science-based proposals to list a species at risk under the Act. Non-listed species will receive no protection under the Act.
Abolish obligations for the government to create recovery strategies and report on species recovery efforts.
Omitting Mention of Indigenous Rights

Bill 5 repeatedly fails to acknowledge indigenous rights, including the Crown’s Duty to Consult and the principle of free, prior and informed consent outlined in the United Nations Declaration on the Rights of Indigenous Peoples.