Ford should scrap Bill 5 to keep Ontario a place to live and a place to grow

The controversial Protect Ontario by Unleashing Our Economy Act, Bill 5, rushed into law June 5, awaits its first tests when legislative business resumes in September. Coalitions opposing Bill 5 have made their objections known to the Ford government regarding its override of municipal laws, and brushing off science-backed, citizen-supported environmental protections and Indigenous objections.

Bill 5 stripped down several environmental laws that preserve clean and resilient nature systems, eviscerated species at risk protections, amended the Energy Board Act, Heritage Act, Rebuilding Ontario Place Act, and Mining Act. It also armed government ministers with power to declare special economic zones (SEZs), permitting their unaccountable choice of development projects deemed best for Ontario’s future. No due regard for social and environmental consequences needs to be applied.

Two social and environmental impact projects where Bill 5 overrides may apply are already destined for public opposition: the Dresden Landfill, an industrial waste dump slated for southwestern Ontario’s farm belt; and the Ring of Fire area in northern Ontario, home to many Indigenous communities and potential repository of critical minerals for mining.

Under Bill 5, the landfill project will skirt an environmental assessment (EA). Since the EA process could provide clarity and mitigation strategies against potential for explosions due to geological instability; contamination threat to nearby Sydenham River and species at risk; and disruption to farmland and aquifer recharging, one wonders what sense it makes to override normal legislated cautions? Is the corporate wealth generated from probable contamination, noise and increased air pollution’s health effects worth foisting onto future generations?

In Premier Doug Ford’s hurry to register any kind of political “win”, his majority government bulldozed Bill 5 through parliament with little regard for inclusion of those affected by mine development in the Ring of Fire. After-the-fact promises to consult First Nations sound hollow next to Bill 5’s back-pocket exemptions if things don’t go Ford-fast or his cabinet’s way.

Free, prior and informed consent from First Nations takes government good will and respect for Indigenous concerns. This provincial government’s short-shrift of both could cause unnecessary backlash and delay development rather than unleash Ontario’s touted mining bonanza.

The provincial government pledges that unburdening itself from consultation, consensus building, transparency, oversight and accountability measures will shield Ontarians from the American tyrant-at-large. Smoothing our way to quicker economic pickup may prove unlikely.

Ford’s rough handling of people and planning dynamics could be his undoing. No apparent design for using Bill 5 power, no agreement with other government levels on how it applies, no full-throated industry acceptance heard, and much antagonistic public reception in the news predict economic uncertainty not prosperity as advertised.

Nobody says governance is easy, or that democracy is a slick slide to the finish. Good governance requires clear principles, vision, planning, good will, openness, honesty and competence. Bill 5 begs the competence question: if Ford’s government has to downgrade, dismantle and dismiss decades of carefully crafted citizen, worker, Indigenous, business, industrial and environmental ethics, priorities and protections, is he really up for the job of managing our multi-faceted social, economic and environmental future?

If so, why hasn’t he shown respect for the lived wisdom and conscientious leadership of Indigenous peoples and built appropriate relationships; or heeded advice from the Association of Municipalities of Ontario and the Mining Industry?

Special economic zones

Ford’s government didn’t bother to make the case for potential uses of special economic zones or cabinet’s handpicking development projects and the need to release them from expert scrutiny and parliamentary oversight. And it hasn't demonstrated any understanding of SEZ process and guiding principles. Only has it propounded the powers ministers will now wield. Looks surreptitious. Smells autocratic.

SEZs have been used successfully in a variety of countries in the developing world. The World Bank has produced a guide book (1) on the Do’s and Don’ts of their use. Ford’s government gang gets full marks for achieving all the don’ts because it: lacks strategic planning; fails to address infrastructure needs and government co-ordination; has poor implementation capacity; demonstrates inability to mitigate environmental and social risks. 

If that weren’t enough to give us pause, Bill 5 pre-absolves Bill 5-enabled operatives from liability from Bill 5 impacts by preventing lawsuits against government ministers or officials who preside over Bill 5-enabled activities that go awry.

Association of Municipalities of Ontario

The AMO says their member communities are high-investor, critical economic partners within Ontario. Their upfront objectives lead with health, safety, environmental protection, community well-being and the upholding of Indigenous rights and relationships.

AMO’s submission (2) on Bill 5 stresses that SEZs require strong municipal and local partnership to succeed. SEZs that override local bylaws and decision-making and that execute local housing without limits bypassing local deliberation, risks unco-ordinated municipal growth, and presents cost consequences for delivering infrastructure.

To achieve full potential, vital SEZs need to develop good faith alliances with municipalities as key partners, not door mats. Agreement in advance and local support are crucial before projects move forward. Nowhere does Bill 5 ensure compliance with the duty to consult on the municipal level.

Economic prosperity, says AMO, is tied to health, safety and environmental prosperity. Which flows from rigorous protection of species-at-risk, natural habitats and environmental areas.

The public sector values and principles that AMO stands by, they insist, need ratification by the provincial government for revitalized economic development to establish traction.

Mining Industry

The mining sector is considerably wary of their investments riding on Bill 5’s environmental, social, and governance (ESG) deficits. One mining industry report (3) says Bill 5’s deregulatory thrust would primarily benefit small investment, junior exploration firms that would drive an uptick of prospecting activity in the Ring of Fire but little mineral extraction development.

It goes on to say, centralizing power in the disorganized Ministry of Mines, with its vague mineral claims management, are disincentives for serious mining investors. Mining analysts say the industry’s larger and long-term concern includes potential for political interference with no checks and balances on ministerial actions.

Mining industry feedback advises that Bill 5 lacks co-ordinated federal-provincial infrastructure planning and investment, and legislative mandates for free, prior and informed consent. Big investment funds that have heeded public demand and profit proofs prefer strong ESG frameworks and could see as a major governance failure the lack of Indigenous inclusion. Projects linked to Bill 5 could face reputational damage for investors, the industry anticipates, consumer boycotts or delays by instigating activist litigation.

This summer the premier may want to clear his head and find joy at a summer powwow. There, Doug Ford could wisely decide to scrap Bill 5 and join us all in a singular ambition to keep Ontario a place to live and a place to grow. Together. His other chosen path promises chaos.   

Read this article on Newmarket Today

References

1.   https://documents1.worldbank.org/curated/en/700061638779538611/pdf/The-Dos-and-Don-ts-of-Special-Economic-Zones.pdf

2.   https://www.amo.on.ca/sites/default/files/assets/DOCUMENTS/Tariffs/2025/2025-05-26-AMOSubmissionBill5.pdf

3.  https://mineralprices.com/ontarios-bill-5-protecting-ontario-by-unleashing-our-economy-act-2025-and-its-potential-effects-on-the-mining-industry/