Shared Path Comments on Bill 5 “Protect Ontario by Unleashing our Economy Act, 2025”

On April 17, 2025, Bill 5, the Protect Ontario by Unleashing our Economy Act, 2025, was tabled for first reading in the Ontario Legislature by the Hon. Stephen Lecce, Minister of Energy and Mines. Second Reading debate on Bill 5 was completed on May 6, 2025, and the legislation has been referred to the Standing Committee on the Interior for consideration. Shared Path submitted comments on this Bill.

The Shared Path calls upon the Government of Ontario to repeal Bill 5 as it does not acknowledge First Nations and Treaty rights. This includes the Crown’s Duty to Consult and Accommodate and the principle of Free, Prior and Informed Consent (FPIC) outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Further, we support the Chiefs of Ontario’s call to undertake a full consultation process with Ontario First Nations prior to proceeding with this legislation which include exemptions for First Nations laws within the Act.

Bill 5 significantly deregulates environmental protections, fast-tracks critical resource extraction, and exempts the need for archaeological assessments which trigger consultation with First Nations. The cumulative impacts are significant, including lack of consideration for totemic species, medicinal species, and subsistence species inhibits cultural practices which infringes upon First Nations rights.

Bill 5 advances economic development by disregarding due process in accordance with Duty to Consult and Accommodate and the environment. For example, Schedule 9 of the Bill, the Special Economic Zones Act, 2025 (the “SEZA”) lacks critical definition and explicit oversight mechanisms or ways and means in which First Nations will be able to either participate in, or raise concerns about, decision-making; leaving the Premier and cabinet with unprecedented control over the province, including the ability to exempt individuals and corporations from provincial and municipal laws. This leads to a weakening of democratic accountability and environmental integrity while bypassing consultation with First Nations. For the economy to grow, a process is needed to ensure First Nations rights and interests are not put at risk.

This omnibus legislation would:

• Empower the province to declare “special economic zones” under the Special Economic Zones Act, 2025, where provincial laws and municipal by-laws—including environmental and public-participation rules—would be suspended and “trusted proponents” would be given authority.
• Weaken mining protections and exempt major projects from Environmental Assessment Act reviews (e.g., Dresden landfill, Eagle’s Nest Mine).
• Repeal the Endangered Species Act, 2007, replacing it with a Species Conservation Act, 2025 – weakening species-at-risk safeguards and prioritizing economic growth over ecological and public-health protections.
• Exempt developments from archeological assessments if the Ontario government is of the opinion that an exemption could potentially advance provincial priorities. Archeological assessments often trigger the duty to consult 

Why this matters:

• Threatens Indigenous rights by fast-tracking extraction and exempting the need for archaeological assessments and thereby losing opportunities for consultation with Indigenous communities and First Nations governments.
• The Premier and cabinet would receive unprecedented control over the province, including the ability to exempt individuals and corporations from provincial and municipal laws – weakening environment integrity and democratic accountability while bypassing consultation with Indigenous communities.
• Undermining Free, Prior, and Informed Consent (FPIC) – and failure to meet legal and moral obligations under Section 25 and Section 35 of the Constitution and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). 
• Lack of Non-Derogation Clauses – there is no assurance that treaty and inherent rights will be respected or protected in the face of development.

Constitutional responsibilities to First Nations will always take precedence over any particular law or regulation. Ontario will always need to consult and accommodate, and to respect the spirit and intent of the Treaties. If Ontario fails to consult and accommodate, and to respect the spirit and intent of the Treaties, the province will be challenged in the courts.

Click here to view the Shared Path submission.