Stop the Bill 5 Power Grab

Background

While we have been watching Trump dismantle environmental protections, undermine the rule of law, and strip democratic guardrails in the US, the Ford government has been implementing Bill 5 to do the same thing in Ontario.

Under this legislation, the Premier/Cabinet can designate a Special Economic Zone for ANY project, choose ANY proponents (i.e. developer friends), anywhere, anytime, for any reason, giving an exemption from ALL provincial and municipal laws (including environmental, Indigenous rights, labour, public safety, heritage and even the Environmental Bill of Rights). That is, any project is above the law. Read Bill 5 | Learn more about Bill 5 below.

Bill 5 has passed second reading and is being fast tracked with only two days of public hearings on May 22 and May 26.

We cannot let the Ontario government use the U.S. trade war as a flimsy excuse to destroy the rule of law in Ontario through Bill 5, the so-called “Protect Ontario by Unleashing our Economy Act”.

What Else You Can Do To Register Your Opposition

More About Bill 5 — Environmental Defence

Title: Stop the Bill 5 Power Grab, with pictures of speakers.

Below are key takeaways from Environmental Defence’s webinar Stop the Bill 5 Power Grab! on May 7. (Watch full webinar (59m:26s) by clicking link or image above.)

Overview from Tim Gray of Environmental Defence

  • Bill 5 has passed second reading and is being fast tracked with only 2 days of public hearings, May 22 and May 26. (Environmental Defence will oppose at these hearings.) Everyone is urged to write a submission and write their MPP.
  • Premier and Cabinet can override ANY legislation.
  • Changes legislation and protections in the mining act, endangered species act, archeological requirements act, Indigenous rights, protections of any spaces deemed important to protect
  • Very Trump-like legislation

Speakers

Laura Bowman, Lawyer with Ecojustice

Re: Schedule 9 — Special Economic Zones Act

  • Premier/Cabinet can designate ANY projects and choose ANY proponents (i.e. developer friends) anywhere, any time, for any reason and create a Special Economic Zone
  • These powers to create a “zone” are a blank slate with no process, no transparency, no criteria, and no guardrails except “get it done”
  • Once designated, these zones and their proponents for development are EXEMPT from all existing legislation (all laws at all levels of government, provincial and municipal [questions were raised about federal laws])
  • VERY ALARMING was the conclusion from this lawyer with Ecojustice

Re: Schedules 2 and 10  — Species Conservation Act

  • Would have the effect of repealing the Endangered Species Act of 2007: No longer a goal to prevent and protect a species or to recover and support a species at risk
  • Instead, definition of habitat to protect is as minimal as just the nest or just the area around the root structure of a plant or tree
  • Automatic registration system created so applicants can kill/cut down or remove any animals or trees, etc.
  • CATASTROPHIC was the language used in Laura’s conclusion

Justina Ray, Wildlife Conservation Society Canada

  • Bill 5 will remove protections on land, water and species
  • Ecological protections vs. mining needs are just one conflict this bill wants to address
  • Ontario has 250,000 lakes, 1/3 of the freshwater in Canada, the highest species biodiversity in the country and carbon stores that make up 20%-30% of the world’s carbon store, so incredibly important. Protecting our ecosystem is critical to our survival. Bill 5 makes it possible to override any existing protections to this critical natural infrastructure
  • Bill 5 will allow the degradation of the Ring of Fire whose peat areas are critical to global climate stability.
  • Once disturbed, there can be no recovery and the methane released will be very very consequential to climate heating
  • Wetlands across Ontario are our most important natural infrastructure providing flood protection, species habitat and critical biodiversity in our planet ecosystems
  • We are already facing climate vulnerability, species loss and ecosystem destruction when we need these systems for health and economic well-being
  • Questions raised — Greenbelt and Oak Ridges Moraine laws can be usurped for fast development
  • Bill 5 moves from systems managed by integration to fragmentation
  • Species will disappear and conservation will be optional
  • A TON AT STAKE. BIG MOMENT. VERY DESTRUCTIVE BILL ….Summary statement from Justina

Anais Bussieres McNicoll, Canadian Civil Liberties Association

  • Role of Canadian Civil Liberties Association is to defend democracy and freedom and fight government overreach

Re: Schedule 9 — Special Economic Zones Act

  • This is a power grab: straight up
  • Bypasses the Rule of Law and allows those approved by any Minister or the Premier to avoid the law: therefore with Bill 5, government is granting power to ignore the law
  • Government can grant this power to corporations, businesses, everyone they love and they are free to do what they wish in the guise of speedy economic development
  • Democratic principles can be ignored, government Is not accountable
  • Three new terms have been created without definitions and without democratic dialogue
  1. Trusted Proponents
  2. Designated Projects
  3. Special Economic Zones
  • Conclusion from Anais: Not democratic. While this could be considered similar to Emergency Powers, there are no checks and balances and can be used every day, not in a crisis just at the whim. This Bill is creating huge executive power. (Remind you of anyone south of us?)

From the Q and A

  • Any project is above the law
  • Land use is critical to protection from climate change. There will be no protections if deemed Special Zone (i.e. If Ring of Fire is destroyed, could result in devastating methane release)
  • Municipalities could be declared a “Special Economic Zone” and official plans, bylaws could be overridden for the sake of the “Designated Project”
  • Can province override Indigenous Treaty Rights? Answer was no, but duty to consult can be ignored under this Bill, which will compromise Indigenous Rights.

How to Respond

  • Everyone can and should:
  • Ask your MPP if they support Ford’s plan to eliminate the Rule of Law in “Special Economic Zones”
  • Write, phone but especially MEET in person with your MPP and demand Bill 5 NOT pass
  • Participate/create massive media campaign and protest, sign petitions, speak out
  • Write local officials, get on local council meeting agendas
  • Reach out to all organizations

Summary from Environmental Defense

This is a terrible Bill

The Province is under attack by the Government with this Bill

The election did not give Ford a mandate to turn over vast swaths of the province to his friends

We need to protect Ontario. With Bill 5, Ford has created the power to give it away.