Why southwestern Ontario's conservationists worry Bill 5 could erase history and wildlife

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Why southwestern Ontario's conservationists worry Bill 5 could erase history and wildlife

Why southwestern Ontario's conservationists worry Bill 5 could erase history and wildlife

Conservationists and archaeologists in Southwestern Ontario are worried that legislation designed to speed up infrastructure development and resource extraction in the province could cause irreparable damage to existing ecosystems and the loss of Indigenous and historical artifacts.

Bill 5, also named the Protect Ontario by Unleashing our Economy Act, 2025, was introduced by the Ontario government last month.

If enacted, it would grant the province the ability to create special economic zones where businesses or projects could operate under significantly reduced environmental protections or municipal oversight.

"Development is important for our province but I don't think we should be sacrificing things like archaeological sites, our heritage or our rare species," said Scarlett Janusas, past-president of the Ontario Marine Heritage Commission.

"These are elements that have no voice of their own, so we as citizens of Ontario need to speak out for them and for their protection."

I think using the excuse of, 'We can't take care of nature because we need jobs' is a huge fallacy.- Paul Pratt, conservationist

The Ford government pitched Bill 5 as necessary to developing natural resources in Ontario in response to the threats posed to the province by U.S. President Donald Trump and his tariffs.

"President Trump wants to destroy our economy, take jobs away from Ontarians and Canadians, and we have to get up and fight like we've never fought before," Premier Doug Ford said in April. "We can't be caught up in red tape and regulations and dilly-dallying around."

In a written statement the province said the bill is focused on creating conditions to allow businesses to confidently invest in Ontario.

"In the face of growing global economic uncertainty and ongoing U.S. tariffs, Ontario must remain competitive in attracting and securing job-creating investments," the statement said.

Protections for endangered species
Paul Pratt was a conservationist with the City of Windsor for more that 40 years. He said the Endangered Species Act helped to restore the bald eagle population in Southwest Ontario.
Paul Pratt was a conservationist with the City of Windsor for more that 40 years. He said the Endangered Species Act helped to restore the bald eagle population in Southwest Ontario. (Paul Pratt - CBC)

One of the environmental protections targeted by Bill 5 is the Endangered Species Act 2007 which identifies and protects species at risk. The act would be replaced by the Species 2025 act, that experts say is a much weaker piece of legislation granting government the ability to decide which species receive protection.

While speed is of the essence for the province, Windsor naturalist Paul Pratt believes a measured approach is necessary to ensure that major projects do not put irreplaceable natural assets at risk in Southwestern Ontario.

"I think using the excuse of, 'We can't take care of nature because we need jobs' is a huge fallacy," Pratt said

Pratt has been a conservationist in Southwest Ontario for more than four decades and was active when the Endangered Species Act first became law. He said the act was critical in helping to restore the bald eagle population in Essex County which was decimated by chemical use.

A bald eagle catches prey along the Thames River in London, Ont.
A bald eagle catches prey along the Thames River in London, Ont. (John Herd)

"Their nests basically failed every year because of DDT in their systems," he said. "But with a lot of work and the elimination of DDT and protecting their habitat, they have reached a point where I see bald eagles almost every time I'm out exploring in the county."

Pratt estimates there are currently 1,520 bald eagle pairs in Essex County, revived thanks to the Endangered Species Act. He said Bill 5 could put the species, and the region's broader ecosystem at risk.

"This part of Ontario stretching from Windsor to London and onto Niagara is the most diverse biological region in all of Canada," he said. "We have a lot to take care of here."

Paul Pratt, former naturalist for the city of Windsor, saw the introduction of the Endangered Species Act during his career - and now worries it will be gone.
Cultural and historical heritage at risk
Scarlett Janusas is a recently-retired marine archaeologist with the Ontario Marine Heritage Committee.
Scarlett Janusas, a recently-retired marine archaeologist with the Ontario Marine Heritage Committee, stands in the parking lot of the beach at Point Farms Provincial Park. Janusas says that piece of the wreck Lucas found is likely a schooner, a two-masted sailing ship. (Submitted by Scarlett Janusas)

Bill 5 also targets the archaeological and land assessment framework that protects significant historical artifacts. It would grant the Lieutenant Governor authority to exempt projects from archaeological assessments, if these projects are located in areas where transit, housing or infrastructure are being built.

Those in the heritage community say these powers take decision-making out of the hands of trained professionals and puts it in the hands of politicians.

"This shift in power risks prioritizing development, such as highways and bridges without adequate consideration," said Janusas. "Ontario faces a profound loss of its heritage if this legislation proceeds."

A piece of Indigenous pottery recovered from a site near the East Holland River. The Bradford Bypass was a proposed highway that would connect Highways 400 and 404. After an archaeological assessment by the Ontario Marine Heritage Committee 2021, the Bypass was rerouted further north of the site.
A piece of Indigenous pottery recovered from a site near the East Holland River. The Bradford Bypass was a proposed highway that would connect Highways 400 and 404. After an archaeological assessment by the Ontario Marine Heritage Committee 2021, the Bypass was rerouted further north of the site. (Scarlett Janusas)

Janusas cited the work completed by the OMHC in 2021 on the Bradford Bypass as an example of the key role archaeological assessments play in preserving historic artifacts.

The Bypass was intended to connect Highways 400 and 404 north of Toronto, but it crossed a valuable Indigenous historical site containing pottery near the East Holland River. The highway was reallocated in part because of required assessment work done by the OMHC.

Janusas said that the majority of these sites are not saved or preserved except by the archaelogical processes conducted by the OMHC.

"The streamlining that the Ford government is proposing will eliminate that," she said. "There will be no recording, it will just disappear forever."

The bill has passed a vote in second reading and has been referred to the province's Standing Committee.

cbc.ca

cbc.ca

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