Ontario fast-tracks mines, rewrites species law

Summary#

Bill 5 is a wide-ranging Ontario law aimed at speeding up building and resource projects, limiting certain foreign involvement in energy, and reshaping how the province protects species and heritage sites. It creates new powers to fast-track mines and special economic zones, changes endangered species rules, and allows procurement rules that restrict goods and services by country of origin.

• Lets the government limit who energy agencies can buy from based on country/region of origin (applies to electricity and gas sectors).
• Repeals and replaces the Endangered Species Act with a new Species Conservation Act (phased in), narrowing some habitat definitions and shifting to permits/registrations set by regulation.
• Gives the Minister strong tools to speed mining approvals and to suspend or cancel claims and licences to protect the “strategic national mineral supply chain,” with no compensation.
• Expands Ontario Heritage Act powers (inspections, seizures, and orders) and lets Cabinet exempt properties from archaeological requirements to advance provincial priorities (transit, housing, health, infrastructure).
• Creates Special Economic Zones where “trusted proponents” or projects can be exempt from, or have modified, provincial and municipal rules.
• Exempts Ontario Place redevelopment instruments from Environmental Bill of Rights public notice rules; terminates an old agreement and approval tied to the Eagle’s Nest mine; exempts specified Chatham‑Kent landfill activities from certain environmental assessments.

What it means for you#

• Energy customers

  • Energy agencies can be told not to buy equipment or services from certain countries. This could change which companies supply energy projects.
  • No direct change to your bill is stated.

• Property owners and developers

  • Species protection shifts to a new system of registrations and permits. Some processes that once were automatic are now set by regulation or Minister decisions.
  • Inspectors can enter land (not homes) to check for species compliance or artifacts; officers can stop vehicles and issue orders to halt activities or require fixes.
  • Cabinet can exempt properties from archaeological assessment requirements if it helps key priorities like transit or housing, possibly reducing delays.

• Mining sector workers and companies

  • A new team can coordinate permits to speed mine approvals. Service standards may apply; fee refunds are possible if ministries miss them.
  • The Minister can suspend system functions, block or end prospector licences, deny leases, or cancel claims to protect the mineral supply chain—without compensation.

• Municipalities

  • In Special Economic Zones, provincial regulations can exempt trusted proponents or projects from provincial or municipal by‑laws, or modify how those rules apply.
  • Cabinet can also modify or exempt archaeological requirements on specific properties for provincial priorities.

• Indigenous communities

  • Artifacts seized or collected may be deposited with an Indigenous community.
  • The mining permitting team may support coordination on the Crown’s duty to consult. The law does not change constitutional consultation duties.

• Environmental and heritage advocates

  • The new species law narrows the definition of “habitat” and gives Cabinet discretion over which COSSARO‑assessed species are formally listed.
  • Public notice under the Environmental Bill of Rights does not apply to instruments tied to the Ontario Place project and related activities.

• Businesses seeking to invest

  • Special Economic Zones can streamline rules and approvals for designated projects and “trusted proponents.”
  • Energy and gas sector procurement may exclude suppliers based on geographic origin, affecting eligibility.

Expenses#

No publicly available information.

Proponents' View#

• Speeds up building of mines and infrastructure to create jobs and support Ontario’s economy and supply chains.
• Protects critical mineral projects and energy systems by limiting risky foreign involvement in procurement.
• Reduces red tape with coordinated permitting teams, service standards, and the ability to tailor rules in Special Economic Zones.
• Keeps species protection while allowing social and economic needs to be considered; focuses resources where risks are greatest.
• Modernizes heritage and archaeology oversight, including clearer authority to secure and store artifacts and to advance priority projects.
• Moves key projects like Ontario Place forward by removing duplicative notice steps.

Opponents' View#

• Weakens species protections by narrowing “habitat,” giving Cabinet discretion not to list all assessed species, and replacing some mandatory plans and hearings with Minister‑led processes.
• Grants broad powers to suspend, deny, or cancel mining rights without compensation, and limits legal recourse through immunity and bar‑on‑proceedings clauses.
• Allows exemptions from provincial and municipal rules in Special Economic Zones, potentially reducing local control and public input.
• Limits public notice and comment for Ontario Place instruments under the Environmental Bill of Rights.
• Country‑of‑origin procurement limits could reduce competition, increase costs, or raise trade concerns.
• Expanded inspection and order powers (including vehicle stops and warrantless entry to non‑dwelling places) may raise civil liberties and due process concerns.