Ontario Premier Doug Ford speaks at a press conference as members of his cabinet watch, in Toronto, on April 17.Arlyn McAdorey/The Canadian Press
Legislation that would allow the Ontario government to suspend any provincial law – including environmental or labour rules – in designated “special economic zones” is an antidemocratic power grab, say First Nations leaders, the Canadian Civil Liberties Association, opposition politicians and environmentalists.
Premier Doug Ford has said his government’s Bill 5, which passed second reading on Tuesday at Queen’s Park and now heads before a legislative committee, is needed to speed up sluggish mining approvals for critical-mineral projects in the province’s northern region, known as the Ring of Fire.
But First Nations chiefs say the bill tramples on their right to be consulted, while other critics say the government is trying to concentrate power in its own hands. Liberal Leader Bonnie Crombie said the proposed zones would create a “Wild West,” while NDP Leader Marit Stiles warned the bill would “railroad over people’s rights.”
Sold as an economic kickstart at a time when the country faces down the economic threat posed by U.S. President Donald Trump, the bill was welcomed by the mining industry and business groups amid complaints it can take 15 years to approve new mines in Ontario, much longer than in other jurisdictions. Economic Development Minister Vic Fedeli said Tuesday the changes are needed to fight an “economic war” against Mr. Trump and attract capital to the province as the President’s tariffs bite.
Mr. Ford has been frequently accused of pushing the boundaries of his power. He has courted controversy by using and threatening to use the Constitution’s notwithstanding clause to exempt legislation from the Charter of Rights and Freedoms and recently asserted that judicial independence is a “joke.” His government has also used scores of special ministerial zoning orders to fast-track development projects and had to back off a plan to allow housing on parts of the protected Greenbelt, a move under investigation by the RCMP.
The new bill’s sweeping powers would not be limited to remote mines. Mr. Ford has also said he could name the stretch of Highway 401 through Toronto as a special economic zone, in order to realize his vision of building an up to 60-kilometre-long traffic-and-transit tunnel that could cost $120-billion or more.
If passed, the bill – which also includes other provisions to speed up mining approvals and revise endangered species rules – would create the Special Economic Zones Act. This brief piece of legislation, which is just over two pages long, would allow cabinet to designate special economic zones, based on criteria that have yet to be unveiled.
Within these areas, the Economic Development Minister could designate “trusted proponents.” Under regulations that still have to be revealed and approved by cabinet, entire classes of people, or types or projects, could also be designated. Cabinet could then “exempt a trusted proponent or a designated project” from any provincial law or regulation, including municipal bylaws – subject to other, unspecified conditions in future regulations.
Alvin Fiddler, Grand Chief of the Nishnawbe Aski Nation, which represents 49 First Nations across Northern Ontario – including those whose traditional territories cover the Ring of Fire – said the government did not consult his organization before introducing its sweeping bill and warned of protests if it went ahead. He said he would be inviting Mr. Ford to a Toronto meeting of Nishnawbe Aski Nation chiefs later this month to discuss the issue.
“If Premier Doug Ford thinks that he can create a piece of legislation that will allow him to do whatever he wants to do in our territory, he is wrong,” Mr. Fiddler said. “He cannot just jump on a tractor and drive up there. We will stop it.”
The government has said Bill 5’s economic zones, and other provisions aimed at speeding up mining approvals, would not affect its legally required “duty to consult” with First Nations on mining activity.
On Tuesday, the Canadian Civil Liberties Association issued a statement condemning the bill, calling it “alarming” and warning that it would concentrate power and allow the executive branch of government to choose what companies and projects could ignore labour and environmental laws.
Speaking in the legislature, Liberal House Leader John Fraser pointed to a list of countries the government has cited that allow similar special economic zones, among them China and Russia. Citing Mr. Ford’s aborted Greenbelt plan, he asked if Bill 5 would “lead to more scandal, more wealthy well-connected insiders getting the inside deal because they know the Premier?”
Energy and Mines Minister Stephen Lecce defended the bill, arguing it strikes a balance as the province faces a massive economic challenge.
“This moment with President Trump, it is important that we move with a sense of speed but we also maintain protections for the environment and fulfill our duty to consult” with First Nations, Mr. Lecce told reporters at Queen’s Park.
He likened the bill to one recently introduced by B.C.’s NDP government that would allow it to designate projects for speedier approvals. The B.C. government says its bill will involve an “expedited environmental assessment process.” First Nations in that province have also raised concerns.
The group Environmental Defence called Ontario’s Bill 5 “a direct attack on species at risk, clean and healthy communities, clean energy and the rights of Indigenous peoples,” warning that its provisions would hamper green energy projects by allowing the government to ban solar panels and wind turbines from China.