5ProvincialEnvironment

Bill 5, Protect Ontario by Unleashing our Economy Act, 2025

Chamber

ontario

Stage

Introduced

Ontario's Bill 5 streamlines mining and energy approvals, restricts foreign procurement, overhauls endangered species law, and creates special economic zones.

Key Changes

  • Creates the Special Economic Zones Act, 2025, allowing the government to exempt approved projects and companies from provincial laws, regulations, and municipal bylaws in designated zones
  • Replaces the Endangered Species Act, 2007 with the Species Conservation Act, 2025, making listing of at-risk species discretionary rather than mandatory and narrowing the legal definition of 'habitat'
  • Allows the government to ban energy utilities (IESO, Ontario Power Generation, gas distributors) from purchasing goods or services from companies based in specified countries or regions
  • Gives the Mining Minister new powers to cancel mining claims, suspend the mining lands system, and revoke prospector's licences without prior notice or hearing to protect the 'strategic national mineral supply chain'
  • Creates a mine authorization and permitting delivery team to coordinate and speed up approvals for designated mining projects across multiple ministries
  • Terminates the environmental assessment agreement for the Eagle's Nest mine near McFaulds Lake and exempts the Chatham-Kent waste disposal site from certain environmental assessment requirements

Gotchas

  • Multiple sections extinguish causes of action against the Crown and specified agencies, meaning affected parties generally cannot sue the government for damages, lost profits, or compensation resulting from these changes — though judicial review and constitutional challenges remain available
  • The Special Economic Zones Act gives the government broad regulation-making power to override virtually any provincial law or municipal bylaw for designated projects and 'trusted proponents,' with limited legislative oversight since orders are not classified as regulations under the Legislation Act
  • Under the new Species Conservation Act, the government is not required to list all species that COSSARO classifies as at risk — listing becomes a discretionary cabinet decision, which is a significant departure from the previous mandatory listing requirement
  • The Mining Act amendments allow the Minister to cancel mining claims, deny leases, and suspend user accounts without prior notice or a hearing, and explicitly state no compensation is owed — raising potential concerns about due process and property rights
  • The bill exempts actions taken under the Rebuilding Ontario Place Act from the Environmental Bill of Rights, meaning the public cannot formally comment on environmental decisions related to the Ontario Place redevelopment through that process
  • Service standards for mining permit timelines explicitly exclude the time needed for Indigenous consultation, meaning fast-track timelines do not compress the duty-to-consult process, but the overall coordination structure may still affect how consultation is managed

Who's Affected

  • Mining companies and prospectors operating in Ontario, especially those with foreign ownership or connections
  • Energy utilities and their suppliers, including Ontario Power Generation, IESO, and gas distributors
  • Municipalities, whose bylaws can be overridden in designated Special Economic Zones
  • Endangered and at-risk species and the environmental groups that advocate for them
  • Indigenous communities, whose consultation rights are referenced but whose duty-to-consult timelines are excluded from service standard requirements
  • Developers and project proponents seeking faster permitting for infrastructure, housing, transit, and mining projects
  • Foreign-owned or foreign-linked businesses seeking contracts in Ontario's energy or mining sectors

Summary

Bill 5, called the 'Protect Ontario by Unleashing our Economy Act, 2025,' is a wide-ranging law passed by the Ontario government in response to economic uncertainty, including trade pressures from the United States. It makes major changes across ten different areas of law, including energy, mining, environmental assessment, heritage protection, and species protection. The bill's stated goals are to speed up approvals for mines and infrastructure, protect Ontario's energy supply from foreign influence, and make Ontario more competitive for investment and job creation. The bill replaces the Endangered Species Act, 2007 with a new Species Conservation Act, 2025, which gives the government more discretion over which species receive legal protection. It also creates a new Special Economic Zones Act, allowing the government to designate specific areas where normal rules — including municipal bylaws and provincial regulations — can be suspended or changed for approved projects. In the energy sector, it allows the government to ban procurement of goods and services from certain countries for Ontario's electricity and gas utilities, including Ontario Power Generation and the IESO. In mining, the bill gives the Minister new powers to cancel mining claims, suspend the mining lands system, and block foreign-linked companies from obtaining prospector's licences — all without prior notice or a hearing — if deemed necessary to protect the 'strategic national mineral supply chain.' It also creates a fast-track permitting team for designated mining projects and exempts certain projects from environmental assessment requirements.

Automatically generated from bill text using Claude

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Recorded Votes

DateDescriptionYeasNaysResult
Jun 4, 2025Bill 5, An Act to enact the Special Economic Zones Act, 2025, to amend the Endangered Species Act, 2007 and to replace it with the Species Conservation Act, 2025, and to amend various Acts and revoke various regulations in relation to development and to procurement.00Carried
May 6, 2025Motion for closure on the motion for Second Reading of Bill 5, An Act to enact the Special Economic Zones Act, 2025, to amend the Endangered Species Act, 2007 and to replace it with the Species Conservation Act, 2025, and to amend various Acts and revoke various regulations in relation to development and to procurement.7043Carried
May 6, 2025Second Reading of Bill 5, An Act to enact the Special Economic Zones Act, 2025, to amend the Endangered Species Act, 2007 and to replace it with the Species Conservation Act, 2025, and to amend various Acts and revoke various regulations in relation to development and to procurement.7043Carried