SCHEDULE 3: ENVIRONMENTAL…

Across all schedules of Bill 5 – Protect Ontario by Unleashing Our Economy Act, 2025 – there is a notable and concerning absence of any explicit reference to consultation with First Nations. This does not reflect the Ontario Crown’s legal duty to consult and accommodate under Section 35 of the Constitution Act, nor does it align with the spirit of reconciliation.

SCHEDULE 3: ENVIRONMENTAL ASSESSMENT ACT
This schedule introduces changes to the Environmental Assessment (EA) process that are deeply problematic for First Nations.

Previously, under section 16 of the Environmental Assessment Act, First Nations had the ability to challenge the adequacy of consultation as part of an Environmental Assessment (EA) process, providing them critical time and leverage to respond to proposed projects. This mechanism is being removed under the current proposals.

The elimination of this provision effectively silences First Nations in the EA process and removes one of the few formal avenues for meaningful consultation. As a matter of process, removing Environmental Assessment requirements through legislative amendments sets a dangerous precedent.

The move to exempt specific projects from EA requirements — and to do so without meaningful consultation with impacted First Nations— sets a troubling precedent. It raises the risk that future development will proceed without proper scrutiny or accountability. The potential environmental impacts of these projects can, and often do, trigger the Ontario Crown’s duty to consult. By weakening environmental protections under both the Endangered Species Act and the Environmental Assessment Act, Ontario is creating conditions under which it could attempt to sidestep Ontario’s duty to consult.