Bruce County supports the…

Bruce County supports the provincial interest and objectives in streamlining approvals to get projects done – in the right way.
In this spirit we offer the following comments with respect to the proposed Bill 5 amendments to the Ontario Heritage Act:
It may be challenging to align exemptions from undertaking archaeological assessments and/or conserving cultural heritage resources with Section 35 Aboriginal or treaty rights, particularly in respect of indigenous ancestral sites.
The example criteria noted in the ERO posting address areas where there would be already known resources – residential school sites, burials, and significant archaeological sites - but do not address areas of archaeological potential which, if investigated, may identify further burial or other archaeological sites prior to their disturbance through development.
Bruce County has worked with professional archaeologists, Saugeen Ojibway Nation (SON), and the Historic Saugeen Metis (HSM) to prepare an Archaeological Management Plan that identifies sites and areas of archaeological potential across the County. Applying this mapping, and SON engagement in assessment, has led to an increase in the identification of indigenous archaeological sites across the County and SON Territory.
As part of the Archaeological Management Plan we have been working with SON and the HSM to identify areas of the most critical archaeological potential, where there is the highest risk of disturbance of cultural heritage resources and especially burial sites of SON Ancestors.
The proposed bill appears to have no provision for indigenous engagement in the decision making process to exempt an area from archaeological assessment requirements.
Bruce County staff reached out to SON Archaeology regarding the proposed legislation and opportunities to address SON concerns within County comments, and planning staff met briefly with SON Archaeology staff to discuss the comments. SON staff indicated concern with the proposed legislation and is preparing its own submission to the province.
While proposed immunity provisions offer legal protection, the bill may place municipalities in a position of implementing provincial orders that contradict the best available information developed with indigenous peoples in respect of their history, placing indigenous cultural heritage at risk of destruction and causing harm to relationships and the process of reconciliation.
Further, Bruce County requests that the province provide more than 30 days to receive comments on important legislative changes, to allow appropriate time for Councils to receive and deliberate before submitting comments.