I have some serious concerns…

I have some serious concerns

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. Most of the sites in the province remain unknown. It's simply not possible to avoid destroying archaeological sites unless you first submit a property to archaeological assessment. Furthermore, it is not possible to ascertain if a site is "significant" unless it has been tested against the province's criteria, according to the process laid down BY the province. The idea that this legislation will protect significant archaeological sites BY EXCUSING PROJECTS FROM LOOKING FOR THEM is nonsensical.

Most of the archaeological sites in Ontario are Indigenous. They have been here at least 13,000 years. Settlers have been here 400. Canada is a signatory to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Article 11 of UNDRIP gives Indigenous peoples a central role in the management of their archaeological heritage. The Ontario Heritage Act was already problematic in this regard. But, being nearly 50 years old, it has an excuse. Things were done differently back then. This legislation has no such excuse. Indigeneity - what makes a person Indigenous - is almost entirely based on heritage. This bill opens the door to the destruction of Indigenous archaeological sites - in an era when those rights are at the forefront of public consciousness. Furthermore, it is being implemented without the provincial Crown discharging its Duty to Consult with First Nations. As such, it most certainly violates the Section 35 Constitutional rights of Ontario's Indigenous peoples. The Notwithstanding Clause cannot be used to avoid this duty. As such, the legislation, even if it passes, will almost certainly be challenged in Court. It will be stuck down. And the process will be time-consuming, wasteful, pointless - and completely out of step with the government's pragmatic attitude towards the allocation of taxpayer dollars. It will also, once again, remind Indigenous people that, while they remain subject to the law, they cannot expect the legal system to protect their interests.

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.

https://ero.ontario.ca/notice/025-0418