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

Lecce, Hon. Stephen Minister of Energy and Mines

Current status:

Royal Assent received. Statutes of Ontario 2025,

chapter 4

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Bill 5 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 5 and does not form part of the law.

Bill 5 has been enacted as

Chapter 4 of the Statutes of Ontario, 2025.

SCHEDULE 1

ELECTRICITY ACT, 1998

Various

amendments are made to the Electricity Act, 1998 .

Subsection

25.32 (5) of the Act authorizes the issuance of directives requiring the IESO

to undertake a request for proposal or other procurement initiative or activity

relating to a specified matter respecting electricity. The

section is amended

to specify that any such directive may set out requirements or restrictions relating

to the geographic origin of any good or service used in connection with the

matter to which the directive relates or of any person or entity that is

connected to the good or service in the specified manner. The

section is also

amended to provide that the IESO is not permitted to enter into a procurement

contract that relates to specified matters respecting electricity in

circumstances that may be prescribed by regulations made under the Act,

including respecting the geographic origin of the applicable good or service or

of any person or entity that is connected to the good or service in the

specified manner. Finally, a new

section 25.32.1 is added to provide that the

IESO is not permitted to procure a good or service that relates to something

other than one of the specified matters respecting electricity, if the good or

service meets the conditions prescribed by the regulations respecting

geographic origin.

new

section 53.6.1 provides for restrictions respecting the procurement by

Ontario Power Generation Inc., or by any of its subsidiaries that may be

specified by the regulations, of a good or service that meets the conditions

prescribed by the regulations respecting geographic origin.

new

section 3.2 provides for the extinguishment of specified causes of action

against the Crown, the IESO, Ontario Power Generation Inc. and other specified

persons in connection with the amendments made to the Act, including for things

done or not done in accordance with those amendments. It also provides for a

bar on legal proceedings connected to those matters.

SCHEDULE 2

ENDANGERED SPECIES ACT, 2007

Various

amendments are made to the Endangered Species Act, 2007 ,

including:

1. Amendments

to the purpose of the Act.

2. Amendments

to several

definitions in subsection 2 (1), including a new definition of

“habitat”.

Section

2.1 is added to the Act to enable the Minister to delegate powers and duties

under the Act.

4. The

following changes are made to

section 7 so that making a regulation under that

section is no longer mandatory but at the discretion of the Lieutenant Governor

in Council:

i. The

Lieutenant Governor in Council would be authorized to make a regulation listing

species that are classified by COSSARO as extirpated species, endangered

species, threatened species or special concern species.

ii. Such

a regulation would not be required to list all of the species classified by

COSSARO but, if a species is listed, the classification of the species must be

the same as COSSARO’s classification.

iii. Requirements

under the Act relating to a species that has been removed from the list cease

to have effect.

5. The

temporary suspension of protections upon initial listing of a species is

removed.

6. Provisions

regarding government response statements, management plans and agreements are

repealed and transitional amendments are made throughout to refer to

requirements that continue in respect of instruments that existed before the

date of repeal.

Section

17 is re-enacted to remove the need for conditions to be satisfied before

certain permits could be issued, remove reference to species conservation

charges and make other changes.

Section

18, which authorizes persons to engage in prohibited activities set out in a

regulation if the activity is regulated under another Act, is repealed.

9. Sections

20 and 30, which deal with hearings, are repealed and

section 30 is replaced

with provisions governing appeals of permits and orders.

10. Subsections

20.3 (7) to (9) are added to the Act to address the cessation of monies being

paid into the Fund.

Section

20.19 is added to provide for the wind up of the Agency.

Section

22.1 is added to require persons to respond to reasonable inquiries related to

determining if the person is in compliance with the Act or regulations.

13. Changes

are made to the inspection powers to remove a requirement for a warrant with

respect to certain inspections.

14. Amendments

are made to remove the ability of enforcement officers to issue stop orders and

to authorize provincial officers to issue contravention orders and to authorize

the Minister to issue mitigation orders.

15. The

name of the Species at Risk in Ontario Stewardship Program is changed to the

Species Conservation Program.

16. The

authorization for the Minister to establish an advisory committee is removed.

Section

57, which sets out special requirements for certain regulations, is repealed.

18. Schedules

1 to 5 are repealed.

19. Various

other administrative and consequential amendments.

SCHEDULE 3

ENVIRONMENTAL ASSESSMENT ACT

The

Schedule amends the Environmental Assessment Act .

The

Act is amended to provide for the termination of the agreement entered into

under

section 3.0.1 of the Act concerning various enterprises or activities for

or related to the proposed Eagle’s Nest multi-metal mine in Northern Ontario

near McFaulds Lake. A related approval under the Act is also revoked.

Part

II.3 of the Act requires every proponent who wishes to proceed with a

Part II.3

project to apply to the Minister for approval to do so. The Act is amended to

provide that specified activities relating to the Chatham-Kent waste disposal

site are exempt from

Part II.3 of the Act.

SCHEDULE 4

ENVIRONMENTAL PROTECTION ACT

The

Schedule amends the Environmental Protection Act to

revoke a document that was signed by the Minister under the Act for the purpose

of establishing fees with respect to the Environmental Activity and Sector

Registry. The Minister may refund such fees in circumstances where a

registration has been removed from the Registry under the Act.

SCHEDULE 5

MINING ACT

The

Schedule makes multiple amendments to the Mining Act .

Some of the more significant amendments are described below.

Section

2 is amended so that the Act’s purpose of encouraging prospecting, registration

of mining claims and exploration for the development of mineral resources must

be to a degree that is consistent with the protection of Ontario’s economy.

Section

4.1 is amended to allow the Minister to make an order suspending the operation

of some or all functions of the mining lands administration system if doing so

is desirable for the protection of the strategic national mineral supply chain.

The new

section 26.1 allows the Minister to make the following orders if they

are desirable for the protection of the strategic national mineral supply chain:

an order that the account of a mining lands administration system user be

suspended or restricted, an order prohibiting a person from registering as a

user on the mining lands administration system, an order prohibiting a person

from obtaining a prospector’s licence and an order terminating a prospector’s

licence.

Section

81 is amended to allow the Minister to deny the issuance of a lease if the

Minister considers denying the lease desirable for the protection of the

strategic national mineral supply chain.

The

new

section 153.0.1 allows the Minister to establish a mine authorization and

permitting delivery team for any project designated by the Minister. If the

proponent provides the required information, the team shall prepare an

integrated authorization and permitting plan that sets out steps for the

application, review and decision-making processes for obtaining the permits and

authorizations required for the project under this and any other Act. The team

shall also co-ordinate with any other ministry to expedite the application,

review and decision-making processes for the permits and authorizations

specified in the integrated authorization and permitting plan.

The

new

section 176.1 allows the Minister, subject to the approval of the

Lieutenant Governor in Council, to cancel or revoke unpatented mining claims or

a licence of occupation or terminate a lease of any mining lands or mining

rights if the Minister considers doing so desirable for the protection of the

strategic national mineral supply chain.

Finally,

various causes of action connected to the amendments are extinguished.

SCHEDULE 6

ONTARIO ENERGY BOARD ACT, 1998

Various

amendments are made to the Ontario Energy Board Act, 1998 .

new

section 43.1 provides for restrictions respecting the procurement of a good

or service that meets the conditions prescribed by the regulations respecting

its country, region or territory of origin by,

(

a) gas

transmitters, gas distributors or storage companies that may be specified by

the regulations made under the Act; or

(

b) gas

transmitter, gas distributor or storage company subsidiaries that may be

specified by the regulations.

Similarly,

a new

section 73 provides for restrictions respecting the procurement of a good

or service that meets the conditions prescribed by the regulations respecting

its country, region or territory of origin by,

(

a) licence

holders that may be specified by the regulations; or

(

b) licence

holder subsidiaries that may be specified by the regulations.

new

section 134 provides for the extinguishment of specified causes of action

against the Crown and other specified persons in connection with the amendments

made to the Act, including for things done or not done in accordance with those

amendments. It also provides for a bar on legal proceedings connected to those

matters.

SCHEDULE 7

ONTARIO HERITAGE ACT

The

Schedule amends the Ontario Heritage Act . The major

elements are set out below.

The

amendments expand the inspection powers in

section 51.2 of the Act so that

inspections may also be done for the purpose of assessing whether any artifacts

or archaeological sites are on any land, or land under water, in the Province. This

kind of inspection may only be conducted on the order of the Minister. Any

artifacts or archaeological sites that are found in the inspection, or that

have been removed or altered, are to be reported to the Minister and to the

person who owns the land.

New

section 61.1 is added to authorize the Minister to make assessment orders.

Assessment orders direct that no person shall alter or remove an artifact or

any other physical evidence of past human use or activity until a licensee

under

Part VI of the Act has completed archaeological fieldwork and reported

that there is no further cultural heritage value or interest in the site.

Currently,

section 66 of the Act authorizes the Minister to direct that artifacts taken

under the authority of a licence or a permit shall be deposited in a public

institution to be held in trust for the people of Ontario and authorizes the

seizure of those artifacts if they are taken by certain unauthorized persons.

Section 66 is re-enacted to authorize the Minister to also direct the deposit

of material in an archaeological collection. Seized artifacts and materials

may, in addition to being deposited in a public institution, be deposited with

an Indigenous community. The amendments also authorize persons who are directed

to seize these artifacts to enter premises during business hours, but not

dwellings. The Minister is further authorized to direct inspectors or

investigators under the Act to seize artifacts or archaeological material in

the course of an inspection or investigation and to direct the seizure of

artifacts or material in an archaeological collection that were seized in an

investigation and subsequently released after a conviction.

New

section 66.1 allows the Lieutenant Governor in Council to exempt property from

any requirement in

Part VI of the Act, or in related regulations, or exempt it

from a requirement to conduct an archaeological assessment under provisions of

any other Act or regulation, or instrument under any other Act, subject to

certain exceptions. These exemptions may only be granted if the Lieutenant

Governor in Council is of the opinion that the exemption could potentially

advance specified provincial priorities. Under the new

section 66.2, various

causes of action connected to sections 66.1 and 66.2 are extinguished.

New

Part VI.1 is added to authorize investigations under the Act. The Minister is

given the power to appoint investigators. Investigators may obtain a search

warrant and conduct investigations for the purpose of investigating offences or

potential offences committed under the Act. The investigators’ powers are set

out. It also authorizes searches in exigent circumstances and mandatory

production orders for documents or data that may provide evidence of an

offence.

Section

68.3 of the Act is expanded to specify that certain instruments, including

regulations and orders made by the Lieutenant Governor in Council, do not

entitle persons to compensation.

New

section 69.1 establishes a new two-year limitation period for the prosecution

of offences under the Act. New

section 69.2 authorizes court orders to prevent,

eliminate or ameliorate damage connected to the commission of an offence.

SCHEDULE 8

REBUILDING ONTARIO PLACE ACT, 2023

The

Schedule amends the Rebuilding Ontario Place Act, 2023

to provide that

Part II of the Environmental Bill of

Rights, 1993 does not apply to a proposal to issue, amend or revoke an

instrument related to the Ontario Place Redevelopment Project or any enterprise

or activity that furthers the Project.

SCHEDULE 9

SPECIAL ECONOMIC ZONES ACT, 2025

The

Schedule enacts the Special Economic Zones Act, 2025 .

The

Lieutenant Governor in Council is authorized to make regulations designating

special economic zones and the Minister is authorized to make regulations

designating trusted proponents and projects.

The

Lieutenant Governor in Council is authorized to make regulations exempting a

trusted proponent or designated project from requirements under

an Act,

regulation or other instrument under

an Act, including by-laws of a

municipality or local board, as those requirements would apply in a special

economic zone. The Lieutenant Governor in Council is also authorized to make

regulations modifying the application of provisions of

an Act, regulation or

other instrument under

an Act, including by-laws of a municipality or local

board, as those provisions would apply with respect to a trusted proponent or

designated project in a special economic zone.

Certain

causes of action are extinguished.

SCHEDULE 10

SPECIES CONSERVATION ACT, 2025

The

Schedule enacts the Species Conservation Act, 2025 .

It also repeals the Endangered Species Act, 2007 . The

following are some highlights of the Species Conservation

Act, 2025 :

1. The

Committee on the Status of Species at Risk in Ontario (COSSARO) is continued

for the purposes of assessing and classifying species. Rules governing

reporting by COSSARO and the classification of species are included.

2. The

Lieutenant Governor in Council is authorized to make regulations listing

species classified by COSSARO as extirpated, endangered or threatened. Certain

migratory birds and aquatic species listed as extirpated, endangered or

threatened under the Species at Risk Act (Canada)

are excluded from the application of the Act, other than for the purposes of

assessment and classification by COSSARO.

3. The

Act prohibits engaging in activities likely to result in a species no longer

living in the wild in Ontario. Additionally, engaging in specified activities

without having a permit or registering the activity in the Registry is

prohibited.

4. A

registry known as the Species Conservation Registry is established. The Act

includes provisions governing the suspension or removal of registrations and

the filing of orders or notices in the Registry.

5. The

process for applying for permits is established. The Minister is empowered to

issue, amend, revoke and suspend permits.

6. The

Act prohibits possession, sale or trade of species contrary to laws of other

jurisdictions that protect extirpated, endangered or threatened species.

7. The

Minister is authorized to establish codes of practice, standards or guidelines

for the protection and conservation of species listed on the Protected Species

in Ontario List or their habitat.

8. The

Species Conservation Program is continued for the purposes of promoting

conservation activities, including habitat preservation, public education and

grants.

9. Transitional

matters with respect to the Agency and the Species Conservation Account

established under the Endangered Species Act, 2007

are provided for.

Other

provisions address matters including enforcement, appeals of permits and

orders, offences and penalties, regulation-making authority and the revocation

of various regulations.

Bill 5 2025

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

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Electricity

Act, 1998

Schedule 2

Endangered

Species Act, 2007

Schedule 3

Environmental

Assessment Act

Schedule 4

Environmental

Protection Act

Schedule 5

Mining

Act

Schedule 6

Ontario

Energy Board Act, 1998

Schedule 7

Ontario

Heritage Act

Schedule 8

Rebuilding

Ontario Place Act, 2023

Schedule 9

Special

Economic Zones Act, 2025

Schedule 10

Species

Conservation Act, 2025

Preamble

The

Government of Ontario is:

Protecting

Ontario from global economic uncertainty by unleashing our economy.

Unlocking

the potential of Ontario’s critical minerals by streamlining approval processes

for mining and critical infrastructure projects to achieve outcomes that fuel

our economy while also creating jobs and protecting the strategic national

mineral supply chain – all for the benefit of the people of Ontario and Canada.

Supporting

the acceleration of provincial permitting and approvals for projects so Ontario

can build mines and infrastructure faster, while ensuring environmental

protections for future generations.

Keeping

our energy supply safe by limiting foreign participation in Ontario’s energy

sector.

Working

to make Ontario the best place in the G7 to invest, create jobs and do

business.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by order of the Lieutenant Governor in Council, an

order may apply to one or more of those provisions, and orders may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Protect Ontario by Unleashing our Economy Act, 2025 .

SCHEDULE 1

ELECTRICITY ACT, 1998

The Electricity Act, 1998 is amended by adding the

following section:

Extinguishment

of certain causes of action re procurement restrictions

3.2

(1) No cause

of action arises against the Crown, any current or former member of the

Executive Council or employee, officer or agent of or adviser to the Crown, the

IESO, or any current or former director, officer, employee or agent of or

adviser to the IESO, as a direct or indirect result of,

(

a) the

enactment of the amendments made to this Act by

Schedule 1 to the Protect Ontario by Unleashing our Economy Act, 2025 , or

the amendment or repeal of any provision added to this Act by that Schedule;

(

b) the

issuance, amendment or revocation of any provision of a directive under

subsection 25.32 (5) that includes a requirement described in subsection 25.32

(6.1);

(

c) the

making, amendment or revocation of any provision of a regulation for the

purposes of subsection 25.32 (12) or

section 25.32.1; or

(

d) anything

done or not done in accordance with the provisions added to this Act by

Schedule 1 to the Protect Ontario by Unleashing our

Economy Act, 2025 , a directive referred to in clause (

b) or a regulation

referred to in clause (c).

Same

(2) No

cause of action arises against the Crown, any current or former member of the

Executive Council or employee, officer or agent of or adviser to the Crown,

Ontario Power Generation Inc., or any current or former director, officer,

employee or agent of or adviser to Ontario Power Generation Inc., as a direct

or indirect result of,

(

a) the

enactment of the amendments made to this Act by

Schedule 1 to the Protect Ontario by Unleashing our Economy Act, 2025 , or

the amendment or repeal of any provision added to this Act by that Schedule;

(

b) the

making, amendment or revocation of any provision of a regulation for the

purposes of

section 53.6.1; or

(

c) anything done or not done in accordance with the

provisions added to this Act by

Schedule 1 to the Protect

Ontario by Unleashing our Economy Act, 2025 or a regulation referred to

in clause ( b).

No remedy

(3) No

costs, compensation or damages, including for loss of revenue, profit or any other

alleged loss, whether direct or indirect, are owing or payable to any person by

a person referred to in subsection (1) or (2), and no remedy, including a

remedy in contract, restitution or tort, a remedy for misfeasance, bad faith or

a breach of trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any

person against a person referred to in those subsections, in connection with

anything referred to in those subsections.

Proceedings

barred

(4) No proceeding that is directly or indirectly

based on or related to anything referred to in subsection (1) or (2) may be

brought or maintained against any person referred to in that subsection.

Same

(5) Subsections

(3) and (4) do not apply with respect to an application for judicial review or a claim for constitutional remedy , but do apply

with respect to any other court, administrative or arbitral proceeding claiming

any remedy or relief, including specific performance, an injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

No costs awarded

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (4).

No expropriation or injurious affection

(7) Nothing

referred to in subsection (1) or (2) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown.

Section 25.32 of the Act is amended by adding the following subsections:

Directive

may specify requirements, restrictions re origin

(6.1) Without

limiting the generality of subsection (5), a directive issued under that

subsection may specify requirements or restrictions relating to the country,

region or territory of origin, as determined in the directive, of,

(

a) any

good or service used in connection with the matter listed in subsection (2) to

which the directive relates; or

(

b) any

person or entity that is, or that beneficially owns or controls, a potential

participant in the request for proposal, other form of procurement solicitation

or other initiative or activity to which the directive relates.

. . . .

Prescribed

restrictions

(12) The

IESO shall not enter into a procurement contract respecting a matter listed in

subsection (2) in the circumstances prescribed by the regulations, which may,

without limitation, include circumstances relating to the country, region or territory

of origin, as determined in the regulations, of,

(

a) any

good or service used in connection with the matter listed in subsection (2) to

which the regulation relates; or

(

b) any

person or entity that is, or that beneficially owns or controls, a potential

party to a procurement contract respecting the matter listed in subsection

(2) to which the regulation relates.

Application

(13) Subsection

(12) applies with respect to a procurement only if, on the day a regulation

made for the purposes of that subsection begins to apply,

(

a) the

final version of the request for proposal or any other document that would give

rise to the procurement has not yet been issued, in the case of a competitive

procurement; or

(

b) in

the case of a procurement that is not a competitive procurement, the parties

have not entered into a final contract in respect of the procurement.

Conflict

with directive

(14) In

the event of a conflict, a regulation made for the purposes of subsection

(12) prevails over a directive issued under subsection (5) to the extent of the

conflict.

Non-application,

Discriminatory Business Practices Act

(15) The

Discriminatory Business Practices Act does not

apply to anything done or not done in accordance with a directive issued under

subsection (5) that includes a requirement described in subsection 25.32

(6.1) or with a regulation made for the purposes of subsection (12).

Determination of country, region or territory

of origin

(16) For

the purposes of subsections (6.1) and (12),

(

a) country,

region or territory of origin of a person or entity may be determined by

reference to any relevant factor including, as applicable,

(

i) where

a person is ordinarily resident,

(ii) where

a head office or other office is located,

(iii) jurisdiction

of incorporation,

(iv) the

number or proportion of employees of the person or entity that are located in a

country, region or territory,

(

v) the

jurisdiction of the laws to which the person or entity is subject, or

(vi) where

the person or entity’s business activities, as they relate to the matter listed

in subsection (2), are carried on; and

(

b) a

directive or regulation may set out, for its own purposes, how beneficial

ownership or control is to be determined.

The Act is amended by adding the following section:

Other

procurements

25.32.1

(1) The IESO

shall not procure a good or service respecting a matter that is not listed in

subsection 25.32 (2) if the good or service meets the conditions prescribed by

the regulations respecting,

(

a) its

country, region or territory of origin, as determined in the regulations; or

(

b) the

country, region or territory of origin of the person or entity that is, or that

beneficially owns or controls, a supplier of the good or service, as determined

in the regulations.

Same

(2) For

the purposes of clause (1) (b),

(

a) country,

region or territory of origin of a person or entity may be determined by

reference to any relevant factor including, as applicable,

(

i) where

a person is ordinarily resident,

(ii) where

a head office or other office is located,

(iii) jurisdiction

of incorporation,

(iv) the

number or proportion of employees of the person or entity that are located in a

country, region or territory,

(

v) the

jurisdiction of the laws to which the person or entity is subject, or

(vi) where

the person or entity’s business activities, as they relate to the provision of

the good or service, are carried on; and

(

b) a

regulation may set out, for its own purposes, how beneficial ownership or

control is to be determined.

Application

(3) Subsection

(1) applies with respect to a procurement only if, on the day a regulation made

for the purposes of that subsection begins to apply,

(

a) the

final version of the request for proposal or any other document that would give

rise to the procurement has not yet been issued, in the case of a competitive

procurement; or

(

b) in

the case of a procurement that is not a competitive procurement, the parties

have not entered into a final contract in respect of the procurement.

Non-application,

Discriminatory Business Practices Act

(4) The

Discriminatory Business Practices Act does not

apply to anything done or not done in accordance with a regulation made for the

purposes of subsection (1).

The Act is amended by adding the following section:

Procurement

restrictions

53.6.1

(1) Ontario

Power Generation Inc. shall not procure a good or service that meets the

conditions prescribed by the regulations respecting,

(

a) its

country, region or territory of origin, as determined in the regulations; or

(

b) the

country, region or territory of origin of the person or entity that is, or that

beneficially owns or controls, a supplier of the good or service, as determined

in the regulations.

Same,

subsidiaries

(2) Any

subsidiary of Ontario Power Generation Inc. that is prescribed by the

regulations shall not procure a good or service that meets the conditions

prescribed by the regulations respecting,

(

a) its

country, region or territory of origin, as determined in the regulations; or

(

b) the

country, region or territory of origin of the person or entity that is, or that

beneficially owns or controls, a supplier of the good or service, as determined

in the regulations.

Origin

(3) For

the purposes of subsections (1) and (2),

(

a) country,

region or territory of origin of a person or entity may be determined by

reference to any relevant factor including, as applicable,

(

i) where

a person is ordinarily resident,

(ii) where

a head office or other office is located,

(iii) jurisdiction

of incorporation,

(iv) the

number or proportion of employees of the person or entity that are located in a

country, region or territory,

(

v) the

jurisdiction of the laws to which the person or entity is subject, or

(vi) where

the person or entity’s business activities, as they relate to the provision of

the good or service, are carried on; and

(

b) a

regulation may set out, for its own purposes, how beneficial ownership or

control is to be determined.

Application

(4) Subsection

(1) or (2) applies with respect to a procurement only if, on the day a

regulation made for the purposes of that subsection begins to apply,

(

a) the

final version of the request for proposal or any other document that would give

rise to the procurement has not yet been issued, in the case of a competitive

procurement; or

(

b) in

the case of a procurement that is not a competitive procurement, the parties

have not entered into a final contract in respect of the procurement.

Non-application, Discriminatory

Business Practices Act

(5) The

Discriminatory Business Practices Act does not

apply to anything done or not done in accordance with a regulation made for the

purposes of subsection (1) or (2).

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Unleashing our Economy Act, 2025 receives Royal Assent.

SCHEDULE 2

ENDANGERED SPECIES ACT, 2007

“aboriginal” and substituting “Indigenous”.

(2) Paragraphs

2 and 3 of

section 1 of the Act are repealed and the following substituted:

2. To

provide for the protection and conservation of species at risk while taking

into account social and economic considerations including the need for

sustainable economic growth in Ontario.

(1) The definition of “aboriginal person” in subsection 2 (1) of the

Act is repealed.

(2) The

definition of “enforcement officer” in subsection 2 (1) of the Act is repealed.

(3) The

definition of “habitat” in subsection 2 (1) of the Act is repealed and the

following substituted:

“habitat”

means, subject to subsection (3),

(

a) in

respect of an animal species,

(

i) a

dwelling-place, such as a den, nest or other similar place, that is occupied or

habitually occupied by one or more members of a species for the purposes of

breeding, rearing, staging, wintering or hibernating, and

(ii) the

area immediately around a dwelling place described in subclause (

i) that is

essential for the purposes set out in that subclause.

(

b) in

respect of a vascular plant species, the critical root zone surrounding a

member of the species, and

(

c) in

respect of all other species, an area on which any member of a species directly

depends in order to carry on its life processes; (“habitat”)

(4) The

definition of “officer in charge” in subsection 2 (1) of the Act is repealed.

(5) The

definition of “person” in subsection 2 (1) of the Act is repealed.

(6) Subsection

2 (1) of the Act is amended by adding the following definition:

“provincial

officer” means a person who is designated by the Minister as a provincial

officer for the purposes of this Act and the regulations; (“agent provincial”)

(7) The

definition of “recovery strategy” in subsection 2 (1) of the Act is repealed.

(8) Subsection

2 (1) of the Act is amended by adding the following

definitions:

“transition

date” means the day

Schedule 2 to the Protect Ontario by

Unleashing our Economy Act, 2025 comes into force; (“date de transition”)

“Tribunal”

means the Ontario Land Tribunal; (“Tribunal”)

(9) Subsection

2 (2) of the Act is amended by striking out “clause (

b) of”.

(10) Subsection

2 (3) of the Act is repealed and the following substituted:

Same,

old definition continued

(3) A

reference to “habitat” in any of the following provisions is deemed to be a

reference to the definition of “habitat” under subsection (1) as it read

immediately before the transition date:

1. Any

provision of an authorization granted under subsection 9 (5) before the

transition date.

2. Any

provision of an agreement entered into under

section 16 before the transition

date.

3. Any

provision of a permit issued under

section 17 or subsection 19 (3) before the

transition date.

4. Any

provision of an order made under

section 27, 27.1, 28 or 41 before the

transition date.

5. Any

provision of this Act in respect of an instrument mentioned in paragraphs 1 to

4, and any amendment made to such an instrument, whether the amendment was made

before or after the transition date.

6. Any

provision of this Act as it applies to a person who was granted an

authorization mentioned in paragraph 1, who entered into an agreement mentioned

in paragraph 2, who was issued a permit mentioned in paragraph 3 or in respect

of whom an order mentioned in paragraph 4 was made.

7. Any

provision in a regulation made under clause 55 (1) (

c) as it applies to a

person if it applied to the person before the transition date.

8. In

respect of Black Ash, any provision of this Act, the regulations or a permit

issued under this Act.

Same

(4) For

greater certainty, the definition of “habitat” continued under subsection

(3) includes any area prescribed for the purpose of clause (

a) of that definition in

a regulation made under subsection 56 (1) (

a) before the transition date.

The Act is amended by adding the following section:

Delegation of powers and duties

2.1

(1) The

Minister may authorize the Deputy Minister or any other employee in the

Ministry to exercise any power or perform any duty that is granted to or vested

in the Minister under this Act.

Limitations

(2) The

Minister may limit an authorization made under subsection (1) in such manner as

the Minister considers advisable.

(1) Subsections 3 (2) and (3) of the Act are repealed and the

following substituted:

Composition

(2) COSSARO

shall be composed of at least 10 members who shall be appointed by the

Lieutenant Governor in Council on the recommendation of the Minister.

Chair

and vice chair

(3) The

Lieutenant Governor in Council shall designate a chair and a vice-chair from

among the members of COSSARO.

(2) The

“aboriginal” and substituting “Indigenous”.

(3) Clause

3 (6) (

a) of the Act is amended by striking out “subsection 4 (10)” and

substituting “subsection 1 (1)”.

(1) Paragraph 1 of subsection 4 (1) of the Act is amended by adding

“as extinct, extirpated, endangered, threatened or of special concern” at the

end.

(2) Clause

4 (2) (

a) of the Act is amended by striking out “has been” at the beginning and

substituting “is”.

(1) Subsection 5 (2) of the Act is amended by striking out “shall be

deemed to apply” and substituting “applies”.

(2) The

“aboriginal” and substituting “Indigenous”.

(1) Subsection 6 (1) of the Act is repealed and the following

substituted:

Annual

report

(1) Between

January 1 and January 31 of each year, COSSARO shall submit an annual report to

the Minister that sets out,

(

a) the

common name and scientific name of each species that COSSARO has classified

since its last annual report as extinct, extirpated, endangered, threatened or

of special concern; and

(

b) the

classification of each species described in clause (

a) and the reasons for the

classification.

(2) Section

6 of the Act is amended by adding the following subsection:

Time limit

(4) The

Minister shall ensure that a COSSARO report received under this

section is made

available to the public under

section 51 not later than 90 days following

receipt of the report by the Minister.

Section 7 of the Act is repealed and the following substituted:

Species

at Risk in Ontario List

(1) The

Lieutenant Governor in Council may make a regulation listing species that are

classified by COSSARO as extirpated species, endangered species, threatened

species or special concern species.

Deviation

from COSSARO classification

(2) For

greater certainty, a regulation made under subsection (1) is not required to list all of the species classified by

COSSARO but, if a species is listed, the classification of the species shall be

the same as COSSARO’s classification and shall include any geographic

limitation indicated by COSSARO in respect of the species under subsection 5

(2).

Effect of removal or down-listing

(3) A

requirement or condition, in respect of a species, that is set out in a

regulation or an instrument listed in subsection (4) ceases to have effect,

(

a) if

the Lieutenant Governor in Council amends or revokes a regulation made under

subsection (1) so as to remove the species from the list of species in the

regulation, on the day the species is removed; or

(

b) if

the Lieutenant Governor in Council amends or revokes a regulation made under

subsection (1) so as to change the classification of the species in the

regulation from an extirpated species, endangered species or threatened species

to a special concern species, on the day the species is reclassified.

Same

(4) The

following are the instruments mentioned in subsection (3):

1. An

authorization granted under subsection 9 (5) as that subsection read

immediately before the transition date.

2. An

agreement entered into under

section 16 as that

section

read immediately before the transition date.

3. A

permit issued under

section 17.

4. A

permit issued under subsection 19 (3) as that subsection read immediately

before the transition date.

5. An

order made under

section 26.1, 27, 27.1, 28 or 41.

Contents

of regulation

(5) A

regulation made under subsection (1) shall contain the following information

for each species:

1. The

common name and scientific name of the species.

2. COSSARO’s

classification of the species as an extirpated species, endangered species,

threatened species or special concern species.

3. If

the classification applies only to a specified geographic area, the area.

Notice

of proposal, Environmental Bill of Rights, 1993

(6) For

greater certainty, if a regulation is proposed to be made under subsection (1),

the brief description required in respect of a notice of proposal under

section

16 of the Environmental Bill of Rights, 1993 in

respect of the regulation shall include each species that is proposed to be

listed in the regulation.

(1) Subsections 8 (4) to (4.2) of the Act are repealed.

(2) The

or she” and substituting “the Minister”.

Section 8.1 of the Act is repealed.

(1) Paragraphs 1 to 3 of subsection 8.2 (1) of the Act are repealed

and the following substituted:

1. A

person engaged in an activity under an agreement that was entered into under

section 16 before the transition date.

2. A

person engaged in an activity under a permit that was issued under

section 17

before the species is so listed.

3. A person engaged in an activity under a

permit that was issued under subsection 19 (3) before the transition date.

(2) Subsection

8.2 (2) of the Act is repealed.

(3) Subsection

8.2 (3) of the Act is amended by striking out “Subsections (1) and

(2) authorize” at the beginning of the portion before paragraph 1 and substituting

“Subsection (1) authorizes”.

(4) Subsection

8.2 (4) of the Act is repealed and the following substituted:

First time listing

(4) For

greater certainty, a reference in this

section to a species being listed on the

Species at Risk in Ontario List as an endangered or threatened species for the

first time is a reference to a species being so listed in circumstances where

the species has not been previously listed as either an endangered species or a

threatened species.

Same

(5) A

reference described in subsection (4) does not include a species if, before the

listing, the species, or some members of the species, were classified,

(

a) under

a different common or scientific name that appeared on the Species at Risk in

Ontario List as belonging to an endangered or threatened species; or

(

b) as

an extinct species or an extirpated species.

(1) Clause 9 (1) (

a) of the Act is amended by striking out “harm,

harass” and substituting “harm”.

(2) Subsections

9 (1.1) and (1.4) of the Act are repealed.

(3) Subsections

9 (5) and (5.1) of the Act are repealed.

Subsection 10 (3) of the Act is repealed.

Sections 11 to 16.1 of the Act are repealed.

Section 17 of the Act is repealed and the following substituted:

Permits

(1) After

considering an application for a permit, the Minister may issue a permit to a

person that, with respect to a species specified in the permit that is listed

on the Species at Risk in Ontario List as an extirpated, endangered or

threatened species, authorizes the person to engage in an activity specified in

the permit that would otherwise be prohibited by

section 9 or 10.

Additional

powers

(2) If

the Minister decides not to issue a permit under subsection (1), after

considering an application for a permit, the Minister may,

(

a) refuse

to issue the permit;

(

b) amend

an existing permit that is in effect and impose, amend or revoke the conditions

or expand the scope of the permit;

(

c) revoke

the permit in whole or in part, with or without issuing a new permit; or

(

d) suspend

a permit in whole or in part.

Conditions

(3) A

permit issued under this

section shall contain any requirements prescribed by

the regulations and may contain such other conditions as the Minister considers

appropriate.

Same

(4) Without

limiting the generality of subsection (3), conditions in a permit may,

(

a) limit

the time during which the permit applies;

(

b) limit

the circumstances in which the permit applies;

(

c) require

the holder of the permit to take steps specified in the permit, including steps

that maybe be required to be taken before engaging in the activity authorized

by the permit;

(

d) require

the holder of the permit to provide security in an amount or in a form

sufficient to ensure compliance with the permit;

(

e) require

the holder of the permit to take steps to ensure that the activity authorized

by the permit, and the effects of the activity, are monitored in accordance

with the permit;

(

f) require

the holder of the permit to rehabilitate or restore habitat damaged or

destroyed by the activity authorized by the permit, or to provide alternative

habitat for the species specified in the permit; or

(

g) require

the holder of the permit to submit information and reports to the Minister.

Minister may require information

(5) The

Minister may require a person who applies for a permit to submit any data,

reports, documents or other information and to carry out and report on any

tests or experiments relating to any activity in respect of which the

application is made.

Minister

may require consultation

(6) The

Minister may require a person who applies for a permit to consult with the

persons or entities specified by the Minister, in a manner specified by the

Minister, before the Minister makes a decision in respect of the application.

Exercise

of powers on Minister’s initiative

(7) The

Minister may, on the Minister’s own initiative,

(

a) amend

or revoke conditions of a permit after it has been issued;

(

b) impose

new conditions in a permit; or

(

c) suspend

or revoke all or part of a permit.

Consideration

of applications

(8) The

Minister is not required to consider an application for a permit that has not

been prepared and submitted in accordance with this section.

Non-application

of prohibitions

(9) Subject

to subsection (10), subsections 9 (1) and 10 (1) do not apply to the holder of

a permit issued under subsection (1) of this

section with respect to the

species and activity specified in the permit.

Same

(10) A

permit may specify that one or more of the prohibitions in subsections 9

(1) and 10 (1) continue to apply to the holder of the permit.

Compliance

(11) A

person who holds a permit under this

section shall comply with the conditions

of the permit.

Same

(12) For

greater certainty, subsection (9) applies even if a person fails to comply with

a condition of a permit.

Sections 18 to 20 of the Act are repealed.

(1) Paragraphs 1 to 5 of subsection 20.3 (1) of the Act are repealed

and the following substituted:

1. A

person who is required to do so under a permit issued under

section 17 before

the transition date.

2. A

person who is required to do so under a permit issued under subsection 19 (3),

before the transition date.

3. A

person who is exempted from all or some of the prohibitions in subsection 9

(1) or 10 (1) by the regulations made under clause 55 (1) (

c) and is required to

pay the charge as a condition of the exemption set out in the regulations no

later than 30 days after the transition date.

(2) Subsection

20.3 (5) of the Act is repealed and the following substituted:

Payment

of charge

(5) A

species conservation charge shall be paid to the Agency at the time and in the

manner that may be set by the regulations.

(3) Section

20.3 of the Act is amended by adding the following subsections:

Cessation

of all payments to Fund

(7) Despite anything in this Act or the

regulations, the Agency shall not accept any payment of monies described

subsection 20.2 (1) on or after the transition date.

Same

(8) Subsection

(7) does not apply in respect of monies described in paragraph 1 of subsection

20.2 (1) if the monies are required to be paid on a day that is no later than

30 days after the transition date.

option to pay charge as condition of exemption

(9) Despite

anything in this Act or the regulations, if a condition of an exemption set out

in a regulation made under clause 55 (1) (

c) relates to the payment of a

species conservation charge, the exemption does not apply to a person who has

not paid the charge within 30 days after the transition date.

(1) Subsection 20.7 (2) of the Act is amended by striking out “under

section 12.1” and substituting “under

section 12.1 as that

section read

immediately before the transition date” in the portion before clause (a).

(2) The

“aboriginal” and substituting “Indigenous”.

out “his or her” and substituting “their”.

The Act is amended by adding the following section:

Winding

up the Agency

20.19

(1) The

Minister may, by order, require the board of directors to wind up the affairs

of the Agency.

Preparation

of plan

(2) If

the Minister makes an order under subsection (1), the board of directors shall

prepare a proposed plan for winding up the Agency and transferring its assets,

liabilities, rights and obligations and shall give the proposed plan to the

Minister for approval.

Restriction

(3) The

plan for winding up the Agency shall provide for transferring assets,

liabilities, rights and obligations to the Crown in right of Ontario.

Implementation

(4) If

the Minister approves the proposed plan, the board shall wind up the affairs of

the Agency and transfer its assets, liabilities, rights and obligations,

including transferring the proceeds from the liquidation of assets, in

accordance with the plan.

Species

Conservation Account

(5) An

account shall be established in the Public Accounts to be known as the Species

French in which shall be recorded an amount equal to the balance in the Fund

that is transferred to the Crown in right of Ontario in accordance with the

plan for winding up the Agency.

Amount

deemed to be paid to Ontario

(6) For

the purposes of subsection (5), an amount equal to the balance in the Fund that

is transferred to the Crown in right of Ontario in accordance with the plan for

winding up the Agency is deemed to be paid to Ontario.

Payment

out of the account

(7) Amounts

not exceeding the balance in the account may be charged to the Species

Conservation Account and paid out of the Consolidated Revenue Fund for the

purpose of funding activities that further the purposes of this Act.

Notice

(8) The

board shall notify the Minister in writing when it has finished complying with

subsection (4).

Dissolution

(9) After

the Minister receives the notice under subsection (8), the Lieutenant Governor

in Council may, by order, dissolve the Agency.

Section 21 of the Act is repealed and the following substituted:

Provincial

officers

The

Minister may designate persons or classes of persons as provincial officers, in

respect of any provision of this Act or the regulations set out in the

designation.

The Act is amended by adding the following section:

Power to require

response to inquiries

22.1

(1) For the

purposes of determining if a person is in compliance with this Act or the

regulations, a provincial officer may, at any reasonable time and with any

reasonable assistance, require the person, or any person employed by or

providing services to the person, to respond to reasonable inquiries.

Same

(2) For

the purposes of subsection (1), a provincial officer may make inquiries by any

means of communication.

Production

of document

(3) In

requiring a person to respond to an inquiry under subsection (1), a provincial

officer may require the production of any document or data, in any form,

required to be kept under this Act and of any other document or data, in any

form, related to the purpose of the inquiry.

Records

in electronic form

(4) If

a record is retained in electronic form, a provincial officer may require that

a copy of it be provided on paper or electronically, or both.

(1) Subsections 23 (1) to (3) of the Act are repealed and the

following substituted:

Inspections to determine compliance

(1) A

provincial officer may enter and inspect any land or other place without a

warrant for the purpose of determining whether there is compliance with any of

the following provisions:

1. Subsection

8.2 (3),

section 9 or 10, subsection 26 (5) or

section 35 or 49.

2. Any

provision of an authorization granted under subsection 9 (5) as that subsection

read immediately before the transition date.

3. Any

provision of an agreement entered into under

section 16 as that

section read

immediately before the transition date.

4. Any

provision of a permit issued under

section 17.

5. Any

provision of a permit issued under subsection 19 (3) as that subsection read

immediately before the transition date.

6. Any

provision of an order made under

section 26.1, 27, 27.1, 28 or 41.

7. Any

provision of the regulations.

(2) Subsection

23 (4) of the Act is amended by striking out “Subsections (1), (2) and (3) do”

at the beginning and substituting “Subsection (1) does”.

(3) Clause

23 (5) (

a) of the Act is amended by striking out “subsection (3)” and

substituting “subsection (1)”at the end.

(4) Subsection

23 (6) of the Act is amended by striking out “(1) or”.

(5) Subsection

23 (7) of the Act is amended by striking out “(1) or”.

(1) Subsection 24 (1) of the Act is repealed and the following

substituted:

Inspection

of vehicles, boats, aircraft

(1) A

provincial officer may stop a vehicle, boat or aircraft if the officer has

reasonable grounds to believe that stopping the vehicle, boat or aircraft would

assist in determining whether there is compliance with any of the following

provisions:

1. Subsection

8.2 (3),

section 9 or 10, subsection 26 (5) or

section 35 or 49.

2. Any

provision of an authorization granted under subsection 9 (5) as that subsection

read immediately before the transition date.

3. Any

provision of an agreement entered into under

section 16 as that

section read

immediately before the transition date.

4. Any

provision of a permit issued under

section 17.

5. Any

provision of a permit issued under subsection 19 (3) as that subsections read

immediately before the transition date.

6. Any

provision of an order made under

section 26.1, 27, 27.1, 28 or 41.

7. Any

provision of the regulations.

(2) The

“enforcement officer’s” and substituting “provincial officer’s”.

she” wherever it appears and substituting in each case “the officer”.

The Act amended by adding the following section:

Contravention order

26.1

(1) A

provincial officer may make an order requiring a person to take one or more of

the actions set out in subsection (2) within the time and in the manner

specified in the order if the provincial officer has reasonable grounds to

believe that the person is engaging in an activity, has engaged in an activity

or may engage in an activity and, as a result, is contravening, has contravened

or may contravene any of the following provisions:

1. Any

provision of the Act or regulations.

2. Any

provision of an authorization granted under subsection 9 (5) as that subsection

read immediately before the transition date.

3. Any

provision of an agreement entered into under

section 16 as that

section read

immediately before the transition date.

4. Any

provision of a permit issued under

section 17.

5. Any

provision of a permit issued under subsection 19 (3) as that subsection read

immediately before the transition date.

6. Any

provision of an order made under

section 26.1, 27, 27.1, 28 or 41.

7. Any

provision of the regulations.

Contents

(2) The

following are the actions mentioned in subsection (1):

1. Stop

engaging in or not engage in the activity.

2. Take

steps to prevent, mitigate, address or avoid any adverse effect of the activity

on the species specified in the order.

3. Take

steps to rehabilitate or restore any area damaged or destroyed by the activity

or to provide for alternative habitat.

4. Engage

contractors or consultants satisfactory to the provincial officer to prepare a

plan or carry out requirements.

5. Secure,

by means of locks, gates, fences, security guards or other means any land,

place, thing or species specified in the order.

6. Obtain,

construct, install or modify the things, devices, equipment or facilities

specified in the order at the locations and in the manner specified in the

order.

7. Sample,

test, measure, monitor or report in respect of a species specified in the order

or its habitat, including describing the presence or status of the species or

its habitat.

8. Take

all steps necessary to achieve compliance with the provision.

9. Prevent

the commission, continuation or repetition of the contravention.

10. Pay

a species conservation charge that the person is otherwise required to pay

under this Act to the Agency in accordance with

section 20.3.

Information

to be included in order

(3) The

order shall,

(

a) specify

the provision that the provincial officer believes is being, has been or may be

contravened;

(

b) identify

the species or habitat that the order relates to;

(

c) briefly

describe the nature of the potential contravention and its location; and

(

d) state

that a hearing on the order may be required in accordance with

section

Section 27 of the Act is repealed and the following substituted:

Mitigation

order

(1) The

Minister may issue an order described in subsection (2) to a person who is

authorized under the following provisions to carry out an activity that would

otherwise be prohibited by

section 9 or 10 in respect of a species or to a

person who is exempt from those prohibitions under a regulation in respect of a

species:

Section

16 as that

section read immediately before the transition date.

Section

3. Subsection

19 (3) as that subsection read immediately before the transition date.

Contents

(2) The

order shall require a person mentioned in subsection (1) to take one or more of

the following actions within the time and in the manner specified in the order

if the Minister has reasonable grounds to believe that the actions are

necessary or advisable to mitigate any potential adverse effect on the species

or its habitat resulting from the activity:

1. Engage

contractors or consultants satisfactory to the Minister or a provincial officer

to prepare a plan or carry out requirements.

2. Secure,

by means of locks, gates, fences, security guards or other means any land,

place, thing or species specified in the order.

3. Obtain,

construct, install or modify the things, devices, equipment or facilities

specified in the order at the locations and in the manner specified in the

order.

4. Sample,

test, measure, monitor or report in respect of a species specified in the order

or its habitat, including describing the presence or status of the species or

its habitat.

5. Prevent,

mitigate, address or avoid any adverse effect on a species specified in the

order or its habitat, including action to rehabilitate or restore any habitat

damaged or destroyed or to provide for alternative habitat.

6. Study,

monitor or report on any adverse effect on a species specified in the order or

its habitat or the effectiveness of any of the requirements in the order to

prevent, mitigate or remedy any adverse effect.

7. Any

other action specified in the order necessary to mitigate any adverse effect on

a species specified in the order or its habitat.

Information

to be included in order

(3) The

order shall,

(

a) identify

the species or habitat that the order relates to;

(

b) briefly

describe the reasons for the order and the circumstances on which the reasons

are based, including the nature of the activity and the effect of the activity

on the species or its habitat; and

(

c) state

that a hearing on the order may be required in accordance with

section 30.

(1) Subsection 27.1 (1) of the Act is repealed and the following

substituted:

Species Protection

Order

(1) The

Minister may make an order described in subsection (2) if the Minister has

reasonable grounds to believe that a person is engaging in or is about to

engage in an activity that has or is about to have a significant adverse effect

on a species and either of the following criteria are satisfied:

1. The species is listed on the Species at

Risk in Ontario List as an endangered or threatened species, a regulation under

clause 55 (1) (

c) provides that one or more of the prohibitions in subsection 9

(1) do not apply with respect to the species and, as a result of the

regulation,

section 9 will not prevent the person from engaging in the

activity.

2. The

species is not listed on the Species at Risk in Ontario List as an extirpated,

endangered or threatened species and the Minister has received a report from

COSSARO classifying or reclassifying the species as an extirpated, endangered

or threatened species.

(2) Paragraph

3 of subsection 27.1 (2) of the Act is amended by striking out “take steps set

out in the order” and substituting “take steps set out in the order within the

time and in the manner specified in the order”.

(1) Subsection 28 (1) of the Act is repealed and the following

substituted:

Habitat

protection order

(1) The

Minister may make an order described in subsection (2) if the Minister has

reasonable grounds to believe that a person is engaging in or is about to

engage in an activity that is destroying or seriously damaging or is about to

destroy or seriously damage any of the following:

1. The

habitat for a species and any of the following criteria are satisfied:

i. The

species is listed on the Species at Risk in Ontario List as an extirpated

species and no regulation is in force that prescribes the species for the

purpose of clause 10 (1) (b).

ii. The

species is not listed on the Species at Risk in Ontario List as an extirpated,

endangered or threatened species and the Minister has received a report from

COSSARO classifying or reclassifying the species as an extirpated, endangered

or threatened species.

iii. The

species is listed on the Species at Risk in Ontario List as an endangered or

threatened species, a regulation under clause 55 (1) (

c) provides that one or

more of the prohibitions in subsection 10 (1) do not apply with respect to the

species and, as a result of the regulation,

section 10 will not prevent the

person from engaging in the activity.

2. An

area that does not meet the definition of “habitat” in subsection 2 (1) but is

an area on which a member of a species listed on the Species at Risk in Ontario

List directly depends in order to carry on its life processes.

3. An

area that would otherwise be habitat for a member of a species listed on the

Species at Risk in Ontario List but for a regulation made under clause 55 (1)

(

b) that limits the definition of “habitat” in respect of the species.

(2) Paragraph

3 of subsection 28 (2) of the Act is repealed and the following substituted:

3. An

order directing the person to take steps set out in the order within the time

and in the manner specified in the order to rehabilitate or restore any area

damaged or destroyed by the activity or to provide for alternative habitat.

(3) Clause

28 (3) (

a) of the Act is amended by striking out “the species” and substituting

“the species and the habitat”.

(1) Subsection 29 (1) of the Act is repealed and the following

substituted:

Service of order

(1) An

order under

section 26.1, 27, 27.1 or 28 shall be served,

(

a) personally;

(

b) by

mail addressed to the person against whom the order is made at the person’s

last known address; or

(

c) in

accordance with the regulations, if any.

(2) Subsection

29 (2) of the Act is amended by striking out “registered”.

(3) Subsection

29 (3) of the Act is amended by striking out “section 27” and substituting

“section 26.1, 27”.

Section 30 of the Act is repealed and the following substituted:

Appeals

Appeal

of permit or order

(1) A person may require a hearing by the

Tribunal if,

(

a) the

Minister issues or refuses to issue a permit to the person or amends or revokes

such a permit; or

(

b) the

Minister or a provincial officer issues an order to the person or amends such

an order.

Same

(2) The

person may require the hearing by written notice served on the Minister or

provincial officer, as applicable, and on the Tribunal, within 15 days after the

action in respect of the permit is taken or the person is served with the

order.

Failure

or refusal to issue, etc.

(3) Failure

or refusal to make, amend or revoke an order is not itself an order.

Extension

of time for requiring hearing

30.1 The Tribunal shall

extend the time in which a person may give a notice under

section 30 requiring

a hearing on a permit or an order if, in the Tribunal’s opinion, it is just to

do so because the person establishes that they, acting in good faith, did not

receive notice of the permit or order or received it on a later date because of

a reason beyond the person’s control, including absence, accident, disability

or illness.

Contents

of notice requiring hearing

30.2

(1) An

applicant for a hearing by the Tribunal shall state in the notice requiring the

hearing,

(

a) the

portions of the permit or order in respect of which the hearing is required;

and

(

b) the

grounds on which the applicant intends to rely at the hearing.

Effect

of contents of notice

(2) Except

with leave of the Tribunal, at a hearing by the Tribunal, an applicant is not

entitled to appeal a portion of the permit or order, or to rely on a ground,

that is not stated in the applicant’s notice requiring the hearing.

Leave

by Tribunal

(3) The

Tribunal may grant the leave referred to in subsection (2) if the Tribunal is

of the opinion that to do so is proper in the circumstances, and it may give

such directions as it considers proper consequent on the granting of the leave.

stay on appeal

30.3

(1) The

commencement of a proceeding before the Tribunal does not stay the operation of

the portions of a permit or an order under appeal unless the Tribunal orders

otherwise.

Tribunal

may grant stay

(2) The

Tribunal may, on the application of a party to a proceeding before it, stay the

operation of the portions of a permit or an order described in subsection (1).

Right

to apply to remove stay: new circumstances

(3) A

party to a proceeding may apply for the removal of a stay that was granted

under subsection (2) if relevant circumstances have changed or have become

known to the party since the stay was granted, and the Tribunal may grant the

application.

Right

to apply to remove stay: new party

(4) A

person who is made a party to a proceeding after a stay is granted under

subsection (2) may, at the time the person is made a party, apply for the

removal of the stay, and the Tribunal may grant the application.

Parties

30.4 The following persons

are parties to the proceeding:

1. The

person requiring the hearing.

2. The

provincial officer, if the officer issued the order being appealed.

3. The

Minister, if the Minister issued the permit or order being appealed.

4. Any

other person specified by the Tribunal.

Powers

of Tribunal

30.5 A hearing by the

Tribunal shall be a new hearing and the Tribunal may confirm, amend or revoke

the action of the Minister or the provincial officer that is the subject matter

of the hearing and, for such purposes, the Tribunal may substitute its opinion

for that of the Minister or provincial officer, as applicable.

Appeals

from Tribunal

30.6

(1) Any

party to a hearing before the Tribunal under this Act may appeal from its

decision on a question of law to the Divisional Court, with leave of the

Divisional Court, in accordance with the rules of court.

Decision

of Tribunal not automatically stayed on appeal

(2) An

appeal of a decision of the Tribunal to the Divisional Court under this

section

does not stay the operation of the decision, unless the Tribunal orders

otherwise.

Divisional

Court may grant or set aside stay

(3) If

a decision of the Tribunal is appealed to the Divisional Court under this

section, the Divisional Court may,

(

a) stay

the operation of the decision; or

(

b) set

aside a stay ordered by the Tribunal under subsection (2).

Section 31 of the Act is repealed.

Section 32 of the Act is repealed and the following substituted:

Necessary

force

provincial officer may use whatever force is reasonably necessary to exercise

any of their powers under this Act.

Section 35 of the Act is repealed and the following substituted:

Compliance with investigations, etc.

Obstruction

(1) No

person shall hinder or obstruct any provincial officer or any employee in or

agent of the Ministry in the performance of their duties under this Act.

False

information

(2) No

person shall orally, in writing or electronically give or submit false or

misleading information in any statement, document or data, to any provincial

officer, the Minister, the Ministry, any employee in or agent of the Ministry

or any person involved in carrying out a program of the Ministry in respect of

any matter related to this Act or the regulations.

Same

(3) No

person shall include false or misleading information in any document or data

required to be created, stored or submitted under this Act or the regulations.

Refusal

to provide information

(4) No

person shall refuse to provide any provincial officer, the Minister, the

Ministry or any employee in or agent of the Ministry with information required

for the purposes of this Act and the regulations.

Subsection 36 (1) of the Act is repealed and the following substituted:

Offences

(1) A

person is guilty of an offence if the person contravenes any of the following

provisions:

1. Subsection

9 (1) or 10 (1),

section 22.1, subsection 24 (2) or 26 (5),

section 35, or

subsection 49 (1) or (2).

2. Any

provision of an authorization granted under subsection 9 (5) as that subsection

read immediately before the transition date.

3. Any

provision of an agreement entered into under

section 16 as that

section read

immediately before the transition date.

4. Any

provision of a permit issued under

section 17.

5. Any

provision of a permit issued under subsection 19 (3) as that subsection read

immediately before the transition date.

6. Any

provision of an order made under

section 26.1, 27, 27.1, 28 or 41.

7. Any

provision of the regulations.

(1) Paragraph 2 of subsection 41 (1) of the Act is amended by adding

“or to provide for alternative habitat” at the end.

(2) Paragraph

4 of subsection 41 (1) of the Act is amended by striking out “recovery” and

substituting “conservation”.

(3) The

or she” and substituting “the Minister”.

(1) Subsection 47 (1) of the Act is amended by,

(

a) striking

out “Species at Risk in Ontario Stewardship Program” and substituting “Species

Conservation Program”; and

(

b) striking

out “Programme d’intendance des espèces en péril en Ontario” and substituting “Programme

de conservation des espèces”.

(2) Subsection

47 (2) of the Act is amended by,

(

a) striking

out “listed on the Species at Risk in Ontario List” in the portion before

clause (a); and

(

b) striking

out “stewardship” wherever it appears and substituting in each case

“conservation”.

(3) Clause

47 (2) (

b) of the Act is repealed.

(4) Clause

47 (2) (

d) of the Act is amended by striking out “recovery” and substituting

“conservation”.

Section 48 of the Act is repealed.

Paragraphs 4 to 7 of subsection 51 (1) of the Act are repealed.

Subsection 49 (3) of the Act is amended by striking out “that are extirpated”

and substituting “that are identified under the applicable law as extirpated”.

The Act is amended by adding the following section:

Act of officer, etc.

53.1 For the purposes of

this Act and the regulations,

an act or thing done or omitted to be done by an

officer, official, employee or agent of a corporation in the course of their

employment or in the exercise of their powers or the performance of their

duties is deemed to be also

an act or thing done or omitted to be done by the

corporation.

Subsection 54 (2) of the Act is amended by striking out “protection or recovery

of species listed on the Species at Risk in Ontario List” at the end and

substituting “protection or conservation of species listed on the Species at

Risk in Ontario List”.

(1) Subsection 55 (1) of the Act is amended by striking out “Subject

section 57” at the beginning of the portion before clause (a).

(2) Clauses

55 (1) (

a) to (

e) of the Act are repealed and the following substituted:

(

a) defining “adverse effect”, “alternative

habitat”, “in the wild” and “significant adverse effect” for the purposes of

this Act and the regulations;

(

b) limiting

the application of “habitat” as defined in subsection 2 (1) in respect of one

or more specified species;

(

c) exempting

any person from one or more of the prohibitions listed in subsection 9 (1) or

10 (1), and making such exemptions subject to conditions or restrictions;

(3) Subsection

55 (1) of the Act is amended by adding the following clause:

(h.1) providing for the method of service of

any document given or served under this Act;

(4) Subsection

55 (2) of the Act is amended by striking out “clause (1) (b)” in the portion

before clause (

a) and substituting “clause (1) (c)”.

(5) Subsection

55 (2) of the Act is amended by adding the following clause:

(c.1) establish

a Registry and require persons to register in respect of exemptions;

(6) Subsection

55 (3) of the Act is repealed and the following substituted:

Transition

(3) The

Lieutenant Governor in Council may make regulations with respect to any

transitional matters resulting from,

(

a) the

enactment of

Schedule 5 to the More Homes, More Choice

Act, 2019 ; or

(

b) the

enactment of

Schedule 2 to the Protect Ontario by

Unleashing our Economy Act, 2025 .

(1) Subsection 56 (1) of the Act is amended by striking out “Subject

to subsection 57” at the beginning of the portion before clause (a).

(2) Clauses 56 (1) (

a) to (

c) of the

Act are repealed and the following substituted:

(

a) prescribing species for the purpose of

clause 10 (1) (b);

(

b) prescribing

requirements for the purposes of subsection 17 (3);

(3) Subsections

56 (2) and (3) of the Act are repealed.

Section 57 of the Act is repealed.

The Act is amended by adding the following section:

Transition

(1) The

following instruments are continued:

1. An

authorization granted under subsection 9 (5) before the transition date.

2. An

agreement entered into under

section 16 or 16.1 or subsection 19 (1) before the

transition date.

3. A

permit issued under subsection 19 (3) before the transition date.

4. An

order issued under

section 27, 27.1 or 28 before the transition date.

(2) The

following provisions, as they read immediately before the transition date,

continue in respect of an instrument described in subsection (1).

1. Subsections

9 (5) and (5.1).

2. Sections

16, 16.1 and 19.

3. Sections

27, 27.1 and 28.

Schedules 1 to 5 to the Act are repealed.

The Act is amended by,

(

a) striking

out “an enforcement officer” wherever it appears and substituting in each case

“a provincial officer”; and

(

b) striking

out “the enforcement officer” wherever it appears and substituting in each case

“the provincial officer”.

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Unleashing our Economy Act, 2025 receives Royal Assent .

SCHEDULE 3

ENVIRONMENTAL ASSESSMENT ACT

(1) The

Environmental Assessment Act is amended by adding

the following section:

Eagle’s

Nest

Definitions

3.0.2

(1) In this

section,

“Eagle’s Nest Agreement” means the agreement

entered into under

section 3.0.1 between the Minister of the Environment and

Noront Resources Ltd., its agents, successors and assigns, having an effective

date of September 9, 2011 and available on a website of the Government of

Ontario, concerning various enterprises or activities for or related to the

proposed Eagle’s Nest multi-metal mine in Northern Ontario near McFaulds Lake;

(“entente Eagle’s Nest”)

“Eagle’s

Nest Approval” means the approval, issued on June 18, 2015 under subsection 6

(4) as that subsection read on that date and available on a website of the

Government of Ontario, of terms of reference for the preparation of an

environmental assessment concerning various enterprises or activities for or

related to the proposed Eagle’s Nest multi-metal mine in Northern Ontario near

McFaulds Lake. (“approbation Eagle’s Nest”)

Termination

(2) The

Eagle’s Nest Agreement is terminated.

Non-application

of s. 3.0.1. (4)

(3) Subsection

3.0.1 (4) does not apply in respect of any enterprise or activity described in

the Eagle’s Nest Agreement.

Non-application

of regulation

(4) Section

5 of Ontario Regulation 53/24 (General and Transitional Matters) made under the

Act does not apply to the enterprises or activities described in the Eagle’s

Nest Agreement.

Revocation

(5) The

Eagle’s Nest Approval is revoked.

(2) Section

3.0.2 of the Act, as enacted by subsection (1), is repealed.

(1) The Act is amended by adding the following section:

Exemption,

Chatham-Kent Waste Disposal Site

Definitions

17.28.1

(1) In this

section,

“designated

activities” means the activities that are designated by Ontario Regulation

50/24 (Part II.3 Projects – Designations and Exemptions) made under the Act as

a project to which

Part II.3 applies; (“activités désignées”)

“waste

disposal site activities” means the activities designated under

section 2 of

Ontario Regulation 284/24 (Designation – Chatham-Kent Waste Disposal Site) made

under the Act as it read immediately before it was revoked. (“activités au lieu

d’élimination des déchets”)

Exemption

Part II.3

(2) Any

waste disposal site activities that are designated activities are exempt from

Part II.3.

(2) Section

17.28.1 of the Act, as enacted by subsection (1), is repealed.

Revocation

of O. Reg. 284/24

Ontario Regulation 284/24 is revoked.

Commencement

(1) Except as otherwise provided for in this section, this

Schedule

comes into force on the day the Protect Ontario by

Unleashing our Economy Act, 2025 receives Royal Assent.

(2) Subsections

1 (2) and 2 (2) come into force on a day to be named by order of the Lieutenant

Governor in Council.

SCHEDULE 4

ENVIRONMENTAL PROTECTION ACT

Section 179.1 of the Environmental Protection Act is

amended by adding the following subsections:

Minister’s

requirement document, revocation

(2) The

document signed by the Minister under subsection (1) for the purpose of

establishing and requiring fees, titled “Minister’s requirement for fees with

Environmental Activity & Sector Registry”, available on a website of the

Government of Ontario and dated January 12, 2017, is revoked.

Refunds,

Part II.2 registrations

(3) If

a fee was paid pursuant to the requirements of the document mentioned in

subsection (2) before the transition date and the registration in respect of

which the fee was paid is removed from the Registry under

section 20.23, the

Minister may refund the full amount of the fee.

Same

(4) The

Minister may refund a fee referred to in subsection (3) regardless of whether

the registration was removed from the Registry before, after or on the

transition date.

Definitions

(5) For

the purposes of subsections (3) and (4),

“registration”

and “Registry” have the same meanings as in

Part II.2; (“enregistrement”,

“Registre”)

“transition

date” means the day

section 1 of

Schedule 4 to the Protect

Ontario by Unleashing our Economy Act, 2025 comes into force. (“date de

transition”)

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Unleashing our Economy Act, 2025 receives Royal Assent.

SCHEDULE 5

MINING ACT

The Mining Act is amended by,

(

a) striking

out “employee of the Ministry” wherever it appears and substituting in each

case “employee in the Ministry”; and

(

b) striking

out “employees of the Ministry” wherever it appears and substituting in each

case “employees in the Ministry”.

Section 2 of the Act is amended by striking out “mineral resources, in a manner

consistent” and substituting “mineral resources to a degree that is consistent

with the protection of Ontario’s economy and in a manner consistent”.

Section 4.1 of the Act is amended by adding the following subsections:

Order

to suspend mining lands administration system

(8) Despite

the Statutory Powers Procedure Act , the Minister

may, without prior notice or hearing, make an order suspending the operation of

some or all functions of the mining lands administration system, if, in the

Minister’s opinion, the order is desirable for the protection of the strategic

national mineral supply chain.

Factors

to consider

(9) In

making a determination for the purposes of subsection (8), the Minister shall

consider the following factors:

1. Any

risk assessment provided by the Ministry of the Solicitor General.

2. The

economic interests of Ontario.

3. Any

prescribed factors.

Duration

of order

(10) An

order made under subsection (8) expires 10 days after the day it is made unless

the Minister revokes the order at an earlier time.

Extension of order

(11) Despite

the Statutory Powers Procedure Act , the Minister

may, without prior notice or hearing, make an order extending an order made

under subsection (8) by an additional period specified in the order made under

this subsection if, in the Minister’s opinion, the order made under subsection

(8) will remain desirable for the protection of the strategic national mineral

supply chain for the specified period.

Publication

of order

(12) The

Minister shall ensure an order made under subsection (8) or (11) is published

on a website of the Government of Ontario as soon as possible.

Order

not regulation

(13) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply with respect to an order made under subsection

(8) or (11).

compensation payable

(14) No

person is entitled to any compensation or any other remedy or relief for any

suspension of the operation of some or all functions of the mining lands

administration system under this section.

Part I of the Act is amended by adding the following section:

Orders

to protect mineral supply chain

26.1

(1) Despite

the Statutory Powers Procedure Act , the Minister

may, without prior notice or hearing, make one or more of the following orders

if, in the Minister’s opinion, the order is desirable for the protection of the

strategic national mineral supply chain:

1. An

order that the account of a mining lands administration system user be

suspended or restricted for such period as is specified in the order or be

terminated.

2. An

order prohibiting a person from registering as a user on the mining lands

administration system.

3. An

order prohibiting a person from obtaining a prospector’s licence.

4. An

order terminating a prospector’s licence.

Factors

to consider

(2) In

making a determination for the purposes of subsection (1), the Minister shall

consider the following factors:

1. Any

risk assessment provided by the Ministry of the Solicitor General.

2. The

economic interests of Ontario.

3. Any

prescribed factors.

Deemed

suspension

(3) In

the case of an order made under paragraph 1 of subsection (1) in respect of a

user who is a licensee, the license is deemed to be suspended and all mining

claims associated with the user are restricted from transfer for the duration

of the period of suspension or restriction specified in the order.

Terms

and conditions

(4) An

imposed by the Minister.

compensation payable

(5) No

person is entitled to any compensation or any other remedy or relief for any

suspension, restriction, prohibition, termination or imposition of terms and

conditions in respect of an account, registration or licence under this

section.

The French version of subsection 78 (1) of the Act is amended by striking out

“employés du ministère” and substituting “une ou plusieurs personnes employées

au ministère”.

(1) Section 81 of the Act is amended by adding the following

subsections:

Exception

(1.1) Despite

subsection (1), and despite the Statutory Powers Procedure

Act , the Minister may, without prior notice or hearing, deny the

issuance of a lease if the Minister considers denying the lease desirable for the

protection of the strategic national mineral supply

chain.

Factors

to consider

(1.2) In

making a determination for the purposes of subsection (1.1), the Minister shall

consider the following factors:

1. Any

risk assessment provided by the Ministry of the Solicitor General.

2. The

economic interests of Ontario.

3. Any

prescribed factors.

compensation payable

(1.3) No

person is entitled to any compensation or any other remedy or relief for the

denial of a lease under subsection (1.1).

(2) Subsection

81 (11) of the Act is amended by adding “or 176.1 (1)” after “under subsection (10)”.

(3) Subsection

81 (13) of the Act is amended by adding “or subsection 176.1 (1)” after “terminated

under this section”.

The Act is amended by adding the following section:

Expedited

process

Mine authorization and permitting delivery team

153.0.1

(1) The

Minister may establish a mine authorization and permitting delivery team for

any project designated by the Minister.

Notifications

(2) The

Minister shall notify a proponent in writing if the proponent’s project is

designated in accordance with subsection (1) and again if a mine authorization

and permitting delivery team is established in respect of the project under

subsection (1).

Team

lead

(3) Once

a mine authorization and permitting delivery team is established under

subsection (1), the Deputy Minister shall appoint an employee in the Ministry

as the team lead.

Functions

(4) If

the proponent of the project provides the information required by the Minister

to the mine authorization and permitting delivery team in the form approved by

the Minister, the mine authorization and permitting delivery team shall,

(

a) prepare

an integrated authorization and permitting plan that sets out steps for the

application, review and decision-making processes for obtaining the permits and

authorizations required for the project under this and any other Act; and

(

b) co-ordinate

with any other ministry to expedite the application, review and decision-making

processes for the permits and authorizations specified in the integrated

authorization and permitting plan referred to in clause (a).

Same

(5) If

the proponent of the project provides the information required by the Minister

to the mine authorization and permitting delivery team in the form approved by

the Minister, the mine authorization and permitting delivery team may support

any efforts by any ministry or agency to fulfil the Crown’s duty to consult

Aboriginal communities with respect to the project, including by communicating

with or co-ordinating communication among the proponent, Aboriginal communities

and affected ministries and agencies of the Government of Ontario.

Regulations

(6) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing service standards to be met

by any ministry under any Act respecting review time for permits and

authorizations required for a project in respect of which an integrated

authorization and permitting plan has been prepared under clause (4) (a);

(

b) specifying

whether, in the event of a failure to meet the service standards referred to in

clause (a), the proponent is entitled to the refund of any fees that the

proponent was required to pay under

an Act for a permit or authorization in

respect of which the service standards were prescribed.

Service

standards, non-application

(7) Service

standards prescribed under clause (6) (

a) shall not apply to the time required

for,

(

a) any

efforts by the Crown to fulfil the duty to consult with Aboriginal communities

after the consultation has commenced, including efforts by the proponent to

fulfil the duty to consult with Aboriginal communities if the procedural

aspects of consultation for a designated project have been delegated to the

proponent;

(

b) proponents

to prepare and submit complete applications and satisfy the requirements for

any permits and authorizations required under this and any other Act;

(

c) an

environmental impact assessment carried out in accordance with the Environmental Assessment Act ; or

(

d) land

disposition requirements or processes under this and any other Act.

Refund

(8) If

a ministry fails to comply with a service standard prescribed under clause (6)

(

a) and a regulation made under clause (6) (

b) provides that the proponent is

entitled to a refund in respect of such non-compliance, the minister of that

ministry shall pay the refund.

Amount

of refund

(9) For

greater certainty, a refund paid under subsection (8) shall not exceed the

amount of the fee, if any, that was payable in respect of the permit or

authorization.

Regulations

may be general or particular

(10) A

regulation made under subsection (6) may be general or particular in

application, may be limited as to time or place or both and may provide that it

applies only to a project or projects designated by the Minister.

Minister’s

designations

(11) Part III (Regulations) of the Legislation

Act, 2006

does not apply to a Minister’s

designation that is permitted by subsection (10).

Conflict

(12) In

the event of any conflict between a regulation made under subsection (6) and

any other Act, regulation or other instrument, the regulation made under

subsection (6) prevails.

The French version of paragraph 2 of

section 157 of the Act is amended by

striking out “tout autre employé du ministère” and substituting “toute autre

personne employée au ministère”.

The Act is amended by adding the following section:

Minister

may cancel, revoke, terminate

176.1

(1) Despite the Statutory Powers

Procedure Act

a nd anything in this Act, the

Minister may, without prior notice or hearing, if the Minister considers doing

so desirable for the protection of the strategic national mineral supply chain

and subject to the approval of the Lieutenant Governor in Council, by order,

cancel or revoke unpatented mining claims or a licence of occupation or

terminate a lease of any mining lands or mining rights.

Factors

to consider

(2) In

making a determination for the purposes of subsection (1), the Minister shall consider the following

factors:

1. Any

risk assessment provided by the Ministry of the Solicitor General.

2. The

economic interests of Ontario.

3. Any

prescribed factors.

Order

not regulation

(3) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply with respect to an order made under subsection

(1).

Regulations

(4) The

Lieutenant Governor in Council may make regulations governing matters arising

from an order made under subsection (1).

When

land open for registration

(5) Where

a mining claim is cancelled under subsection (1), the land in the cells on the

provincial grid corresponding to the cancelled claim shall become open for the

registration of mining claims at a time and date specified in the order made

under subsection (1), unless the land is otherwise not open for the

registration of mining claims under any other provision of this Act.

compensation payable

(6) No

person is entitled to any compensation or any other remedy or relief for the

revocation, cancellation or termination of an unpatented mining claim, licence

of occupation or lease of any mining lands or mining rights under this section.

Part XII of the Act is amended by adding the following section:

Extinguishment

of causes of action

185.1

(1) No cause

of action arises against the Crown, any current or former member of the

Executive Council or employee, officer or agent of or adviser to the Crown as a

direct or indirect result of,

(

a) the

enactment of the amendments made to this Act by

Schedule 5 to the Protect Ontario by Unleashing our Economy Act, 2025 , or

the amendment or repeal of any provision added to this Act by that Schedule;

(

b) the

making, amendment or revocation of a regulation, order or other instrument made

under a provision added to this Act by

Schedule 5 to the Protect

Ontario by Unleashing our Economy Act, 2025 ;

(

c) anything

done or not done in accordance with the provisions added to this Act by

Schedule 5 to the Protect Ontario by Unleashing our

Economy Act, 2025 or a regulation, order or other instrument made under

a provision added to this Act by that Schedule;

(

d) any

modification, revocation, suspension, cessation or termination of property

rights, contractual rights or other rights resulting from anything referred to

in clauses (

a) to (c); or

(

e) any

purported failure to meet any service standard prescribed under clause 153.0.1

(6) (a).

Exception,

refund of fees

(2) Subsection

(1) does not apply to a claim respecting the refund of any fees paid by a

proponent in accordance with subsection 153.0.1 (8).

remedy

(3) No

costs, compensation or damages, including for loss of revenue, profit or any

other alleged loss, whether direct or indirect, are owing or payable to any

person by a person referred to in subsection (1), and no remedy, including a

remedy in contract, restitution or tort, a remedy for misfeasance, bad faith or

a breach of trust or fiduciary obligation, any equitable remedy or any remedy

under any statute, is available to any person against a person referred to in

that subsection, in connection with anything referred to in that subsection.

Proceedings

barred

(4) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person

referred to in that subsection.

Same

(5) Subsections

(3) and (4) do not apply with respect to an application for judicial review or

a claim for constitutional remedy, but do apply with respect to any other

court, administrative or arbitral proceeding claiming any remedy or relief,

including specific performance, an injunction, declaratory relief or the

enforcement of a judgment, order or award made outside Ontario.

costs awarded

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (4).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown.

Commencement

This

Schedule comes into force on a day to be named by order of the Lieutenant

Governor in Council.

SCHEDULE 6

ONTARIO ENERGY BOARD ACT, 1998

The Ontario Energy Board Act, 1998 is amended by

adding the following section:

Procurement

restrictions

43.1

(1) No gas

transmitter, gas distributor or storage company that is prescribed by the

regulations shall procure a good or service that meets the conditions prescribed

by the regulations respecting its country, region or territory of origin, as

that origin is determined in the regulations.

Same,

subsidiaries

(2) No

gas transmitter, gas distributor or storage company subsidiary that is

prescribed by the regulations shall procure a good or service that meets the

conditions prescribed by the regulations respecting its country, region or

territory of origin, as that origin is determined in the regulations.

Application

(3) Subsection

(1) or (2) applies with respect to a procurement only if, on the day a

regulation made for the purposes of that subsection begins to apply,

(

a) the

final version of the request for proposal or any other document that would give

rise to the procurement has not yet been issued, in the case of a competitive

procurement; or

(

b) in

the case of a procurement that is not a competitive procurement, the parties

have not entered into a final contract in respect of the procurement.

Non-application,

Discriminatory Business Practices Act

(4) The

Discriminatory Business Practices Act does not

apply to anything done or not done in accordance with a regulation made for the

purposes of subsection (1) or (2).

The Act is amended by adding the following section:

Procurement

restrictions

(1) In

this section,

“licensee”

means the holder of a licence under this Part, other than the IESO or Ontario

Power Generation Inc.

Same

(2) No

licensee that is prescribed by the regulations shall procure a good or service

that meets the conditions prescribed by the regulations respecting its country,

region or territory of origin, as that origin is determined in the regulations.

Same,

subsidiaries

(3) No

licensee subsidiary that is prescribed by the regulations shall procure a good

or service that meets the conditions prescribed by the regulations respecting

its country, region or territory of origin, as that origin is determined in the

regulations.

Application

(4) Subsection

(2) or (3) applies with respect to a procurement only if, on the day a

regulation made for the purposes of that subsection begins to apply,

(

a) the

final version of the request for proposal or any other document that would give

rise to the procurement has not yet been issued, in the case of a competitive

procurement; or

(

b) in

the case of a procurement that is not a competitive procurement, the parties

have not entered into a final contract in respect of the procurement.

Non-application,

Discriminatory Business Practices Act

(5) The

Discriminatory Business Practices Act does not

apply to anything done or not done in accordance with a regulation made for the

purposes of subsection (2) or (3).

The Act is amended by adding the following section:

cause of action, procurement restrictions

(1) No

cause of action arises against the Crown or any current or former member of the

Executive Council or employee, officer or agent of or adviser to the Crown, as

a direct or indirect result of,

(

a) the

enactment, amendment or repeal of

section 43.1, 73 or this section;

(

b) the

making, amendment or revocation of any provision of a regulation for the

purposes of

section 43.1 or 73; or

(

c) anything

done or not done in accordance with a provision referred to in clause (

a) or a

regulation referred to in clause (b).

remedy

(2) No

costs, compensation or damages, including for loss of revenue, profit or any

other alleged loss, whether direct or indirect, are owing or payable to any

person by a person referred to in subsection (1), and no remedy, including a

remedy in contract, restitution or tort, a remedy for misfeasance, bad faith or

a breach of trust or fiduciary obligation, any equitable remedy or any remedy

under any statute, is available to any person against a person referred to in

that subsection, in connection with anything referred to in that subsection.

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person

referred to in that subsection.

Same

(4) Subsections

(2) and (3) do not apply with respect to an application for judicial review or

a claim for constitutional remedy, but do apply with respect to any other

court, administrative or arbitral proceeding claiming any remedy or relief,

including specific performance, an injunction, declaratory relief or the

enforcement of a judgment, order or award made outside Ontario.

costs awarded

(5) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(6) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown.

Commencement

This

Schedule comes into force on the day the Protect

Ontario by Unleashing our Economy Act, 2025 receives Royal Assent.

SCHEDULE 7

ONTARIO HERITAGE ACT

Section 1 of the Ontario Heritage Act is amended by

adding the following definition:

“business

day” means a weekday, excluding a day that is a holiday; (“jour ouvrable”)

Sections 51.2 and 51.3 of the Act are repealed and the following substituted:

Inspection

51.2

(1) An

inspector may conduct an inspection for the purpose of,

(

a) ensuring

that a person licensed under

section 48 is complying with the Act and the

regulations and remains entitled to a licence under the Act; or

(

b) assessing

whether any artifacts or archaeological sites are on any land, or land under

water, in the Province.

Minister’s

direction required

(2) An

inspection under clause (1) (

b) may only be conducted if the inspector is

directed to do so by the Minister.

Power

of entry

(3) An

inspector conducting an inspection may enter and inspect any of the following

places:

1. An

archaeological site or any other land, or land under water, on which a licensee

is carrying out archaeological fieldwork.

2. An

archaeological site or any other land, or land under water, on which

archaeological fieldwork is no longer being carried out but was carried out by

a licensee within the one-year period preceding the inspection.

3. A

location, building, structure, facility or conveyance at which artifacts and other

materials found on an archaeological site are analysed or stored.

4. A

licensee’s business premises.

5. In

the case of an inspection under clause (1) (b), land, or land under water,

that, in the opinion of the Minister, may contain an artifact or archaeological

site.

6. In

the case of an inspection under clause (1) (b), the business premises of a

person, if the Minister reasonably believes that artifacts or other materials

found on an archaeological site may have been found on land that the person

owns.

Dwellings

(4) An

inspector entering a place under subsection (3) shall not enter any part of the

place that is used as a dwelling without the consent of the occupant.

Powers

of inspector

(5) While

carrying out an inspection, an inspector may,

(

a) take

up and examine any artifact, device, article, thing or material;

(

b) require

a person at the place being inspected to produce any artifact, drawing, field

notes, specifications, licence, document, record, report, photograph, video or

other visual recording or any other material or thing that is relevant to the

inspection and examine, audit or make copies of such material or things;

(

c) upon

giving a receipt therefore, remove, for the purpose of making copies or

extracts, any material or thing referred to in clause (b);

(

d) conduct

tests at the place being inspected or take samples from the place, including

tests conducted on, or samples taken from, artifacts found at the place;

(

e) require,

in writing, that any test or sample referred to in clause (

d) be conducted or

taken by a person specified by the inspector, including a person having

special, expert or professional knowledge or qualifications accompanying the

inspector under subsection (7);

(

f) require

the person conducting or taking tests or samples to provide a report to the

inspector within such time as the inspector may specify;

(

g) take

photographs, video or other visual recording, make acoustic recordings or make

notes of the field or site conditions, of the conditions of any other place

being inspected or of the artifacts or materials found at the place and take

with them such equipment or recording materials required for this purpose;

(

h) make

such inquiries of any person working at the place being inspected as are

relevant to the inspection;

(

i) observe

ongoing archaeological fieldwork being carried out on an archaeological site or

on other lands on which archaeological fieldwork is carried out or observe

laboratory work taking place in a laboratory; and

(

j) prohibit

persons from entering the area where the inspection is being carried out for a

reasonable period of time for the purposes of carrying out an examination,

excavation or test.

Return

of things removed

(6) An

inspector who removes any material or other thing from a place under clause (5)

(

c) shall return them to the person from whom they were taken within a

reasonable time, unless they are seized under

section 66.

Experts,

etc.

(7) An

inspector entering premises under subsection (3) may be accompanied by a person

having special, expert or professional knowledge of any matter relevant to the

inspection.

Use

of force

(8) An

inspector is not entitled to use force to enter and inspect a place.

Time

of entry

(9) An

inspector may enter a place referred to in subsection (3),

(

a) in

the case of a place referred to in paragraphs 2 to 6 of subsection (3), between

9 a.m. and 5 p.m. during a business day, or at any other time when the place is

open to the public; and

(

b) in

the case of a place referred to in paragraph 1 of subsection (3), at any time

at which archaeological fieldwork is being carried out.

Obstruction

of inspector

(10) No

person shall obstruct an inspector conducting an inspection under this

section

or withhold from them or conceal or destroy any artifact, document, material or

thing that is relevant to the inspection.

Obligation

to assist

(11) Any

person shall, on request by an inspector, provide such assistance as is

reasonably necessary.

Obligation

to produce

(12) A

person who is required to produce an artifact, document, material or thing under

clause (5) (

b) shall produce it.

False

information

(13) No

person shall knowingly furnish an inspector with false information or neglect

or refuse to furnish information to an inspector.

Report

by inspector

51.3

(1) An

inspector shall prepare a report if the inspector believes that,

(

a) a

person licensed under

section 48 has failed to comply with the Act, the

(

b) in

the case of an investigation under clause 51.2 (1) (b),

(

i) an

artifact or archaeological site is on land, or land under water, described in

clause 51.2 (1) (b),

(ii) an

artifact has been removed from land, or land under water, described in clause

51.2 (1) (b), or

(iii) an

archaeological site on land, or land under water, described in clause 51.2 (1)

(

b) has been altered.

Report

to be provided

(2) The

inspector shall provide the report to the Minister and to the licensee or

person who owns the land, as applicable.

The Act is amended by adding the following section:

Assessment

order

61.1

(1) If the

Minister is of the opinion that land, or land under water, in the Province may

contain an artifact or an archaeological site, the Minister may issue an assessment

order under subsection (2), which may be made subject to conditions.

Contents

of order

(2) The

assessment order shall direct that no person shall alter or remove an artifact

or any other physical evidence of past human use or activity from the land, or

land under water, until,

(

a) a

licensee under this Part,

(

i) has

completed archaeological fieldwork, within the meaning of the regulations, on

the land or land under water, and

(ii) has

provided a report to the Minister under subsection 65 (1) stating that any

sites found have no further cultural heritage value or interest; and

(

b) the

report referred to in subclause (a) (ii) has been filed in the register

referred to in

section 65.1.

Service

of order

(3) The

Minister may serve an order issued under this

section on the owner of the land

in question, or any person in apparent possession of the land, by any method of

service described in subsection 67 (1) and by posting the order in a

conspicuous place on the land to which it applies.

Service

deemed effective

(4) Service

under subsection (3) is effective from the earlier of the date of posting or

the effective date of service described in subsections 67 (2) to (4).

Section 66 of the Act is repealed and the following substituted:

Direction

for artifact or material in archaeological collection

(1) The

Minister may direct that any artifact taken under the authority of a licence or

a permit, or any material in an archaeological collection, be deposited in such

public institution as the Minister may determine, to be held in trust for the

people of Ontario, or deposited with an Indigenous community.

Seizure

of artifact or material in archaeological collection

(2) Any

artifact or any material in an archaeological collection that is removed from

an archaeological site and that is in the possession of a person who is not a

licensee under this Part, or who is a licensee but is acting in contravention

of their licence, may be seized by a person authorized to do so by the Minister

and deposited in such public institution as the Minister may determine, to be

held in trust for the people of Ontario, or deposited with an Indigenous

community.

Production

of authorization

(3) A

person who is acting under an authorization described in subsection (2) shall,

upon request, produce a copy of the authorization.

Powers

(4) A

person who is acting under an authorization described in subsection (2) may,

for the purposes of seizing the artifact or material, enter any location where

the person reasonably believes the artifact or material may be held between 9

a.m. and 5 p.m. during a business day.

Dwellings

(5) A

person who is acting under an authorization described in subsection (2) shall

not enter any part of a place that is used as a dwelling without the consent of

the occupant.

Seizure

during inspection or investigation

(6) The

Minister may direct an inspector or investigator to, in the course of

conducting an inspection or investigation under this Act, seize any artifact or

material in an archaeological collection on the premises that are being

inspected or investigated and deposit the artifact or material in such public

institution as the Minister may determine, to be held in trust for the people

of Ontario, or deposit it with an Indigenous community.

Seizure

after return post-conviction

(7) The

Minister may direct that any artifact or material in an archaeological

collection that were seized in an investigation under this Act and subsequently

released after a conviction for an offence under this Act be deposited in such

public institution as the Minister may determine, to be held in trust for the

people of Ontario, or be deposited with an Indigenous community.

The Act is amended by adding the following sections:

Exemption

for properties

66.1

(1) Subject

to the regulations, if any, the Lieutenant Governor in Council may, by order,

exempt a property from the application of a requirement described in subsection

(2) if the Lieutenant Governor in Council is of the opinion that such exemption

could potentially advance one or more of the following provincial priorities:

1. Transit.

2. Housing.

3. Health

and Long-Term Care.

4. Other

infrastructure.

5. Such

other priorities as may be prescribed.

Requirements

(2) An

order under subsection (1) may exempt a property from the application of any of

the following requirements:

1. A

requirement under a provision of this Part.

2. A

requirement under a provision of a regulation, or other instrument, relating to

a provision of this Part.

3. A

requirement to conduct an archaeological assessment under a provision of any

other Act or regulation, or instrument under any other Act, other than a

provision of the Funeral, Burial and Cremation Services

Act, 2002 or a regulation or instrument made under that Act.

Conditions

(3) An

order under subsection (1) may set out conditions for the exemption.

Not a regulation

(4) An

order made under subsection (1) is not a regulation within the meaning of

Part

III (Regulations) of the Legislation Act, 2006 .

Extinguishment of causes of action

66.2

(1) No cause

of action arises against the Crown or any current or former member of the

Executive Council or employee, officer or agent of or advisor to the Crown as a

direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this

section or

section

66.1;

(

b) the

making, amendment or revocation of any provision of an order under

section 66.1

or a regulation relating to

section 66.1; or

(

c) anything

done or not done in accordance with

section 66.1, an order under

section 66.1

or a regulation relating to

section 66.1.

remedy

(2) No

costs, compensation or damages, including for loss of revenue or profit or any

other alleged loss, whether direct or indirect, are owing or payable to any

person by a person referred to in subsection (1), and no remedy, including a

remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a

breach of trust or fiduciary obligation, any equitable remedy or any remedy

under any statute, is available to any person against any person referred to in

subsection (1) in connection with anything referred to in that subsection.

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person

referred to in that subsection.

Application

(4) Subsections

(2) and (3) do not apply with respect to an application for judicial review or

a claim for a constitutional remedy, but do apply with respect to any other

court, administrative or arbitral proceeding claiming any remedy or relief,

including specific performance, an injunction, declaratory relief or the

enforcement of a judgment, order or award made outside Ontario.

costs awarded

(5) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(6) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown.

The Act is amended by adding the following Part:

PART VI.1

INVESTIGATIONS

Investigators

Appointment

of investigators

66.3

(1) The

Minister may appoint persons to be investigators for the purposes of conducting

investigations.

Certificate

of appointment

(2) The

Minister shall issue to every investigator a certificate of appointment bearing

the Minister’s signature or a facsimile of the signature.

Production

of certificate of appointment

(3) Every

investigator who is conducting an investigation shall, upon request, produce

the certificate of appointment as an investigator.

warrant

66.4

(1) Upon

application made without notice by an investigator, a justice of the peace may

issue a warrant, if the justice of the peace is satisfied by information given

under oath or affirmation that there are reasonable grounds for believing that

a person has committed or is committing an offence under this Act and there is,

(

a) in

any building, dwelling, receptacle or place anything relating to the offence;

(

b) information

or evidence relating to the offence that may be obtained through the use of an

investigative technique or procedure or the doing of anything described in the

warrant.

Powers

under warrant

(2) Subject

to any conditions contained in it, a warrant obtained under subsection

(1) authorizes an investigator to,

(

a) enter

or access the building, dwelling, receptacle or place specified in the warrant

and examine and seize any thing described in the warrant;

(

b) make

reasonable inquiries of any person, orally or in writing, with respect to

anything relevant to the investigation;

(

c) require

a person to produce the information or evidence described in the warrant and to

provide whatever assistance is reasonably necessary, including using any data

storage, processing or retrieval device or system to produce, in any form, the

information or evidence described in the warrant;

(

d) use

any data storage, processing or retrieval device or system used in carrying on

business in order to produce information or evidence described in the warrant,

in any form;

(

e) observe

ongoing archaeological fieldwork being carried out on an archaeological site or

on other lands on which archaeological fieldwork is carried out or observe

laboratory work taking place in a laboratory;

(

f) prohibit

persons from entering the area where the investigation is being carried out for

a reasonable period of time for the purposes of carrying out an examination,

excavation or test; and

(

g) use

any investigative technique or procedure or do anything described in the

warrant.

Entry

of dwelling

(3) Despite

subsection (2), an investigator shall not exercise the power under a warrant to

enter a place, or part of a place, used as a dwelling, unless,

(

a) the

justice of the peace is informed that the warrant is being sought to authorize

entry into a dwelling; and

(

b) the

justice of the peace authorizes the entry into the dwelling.

Conditions

on warrant

(4) A

warrant obtained under subsection (1) shall contain such conditions as the

justice of the peace considers advisable to ensure that any search authorized

by the warrant is reasonable in the circumstances.

Expert

(5) The

warrant may authorize persons who have special, expert or professional

knowledge and other persons as necessary to accompany and assist the

investigator in respect of the execution of the warrant.

Time

of execution

(6) An

entry or access under a warrant issued under this

section shall be made between

6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry

of warrant

(7) A

warrant issued under this

section shall name a date of expiry, which shall be

no later than 30 days after the warrant is issued, but a justice of the peace

may extend the date of expiry for an additional period of no more than 30 days,

upon application without notice by an investigator.

Use

of force

(8) An

investigator may call upon police officers for assistance in executing the

warrant and the investigator may use whatever force is reasonably necessary to

execute the warrant.

obstruction

(9) No

person shall obstruct an investigator executing a warrant under this

section or

withhold from the investigator or conceal, alter or destroy any thing relevant

to the investigation being conducted pursuant to the warrant.

Compliance

(10) If

an investigator under clause (2) (

c) requires a person to produce evidence or

information or to provide assistance, the person shall produce the evidence or

information or provide the assistance, as the case may be.

Copies

of seized items

(11) An

investigator who seizes any thing under this

section or

section 66.5 may make a

copy of it.

Admissibility

(12) A

copy of a document or record certified by an investigator as being a true copy

of the