COMMUNITY UPDATE #4 -  The Economy Act (formerly known as Ontario Bill 5)

COMMUNITY UPDATE #4

 The Economy Act

(formerly known as Ontario Bill 5)

This legislation was enacted without AOPFN’s free, prior and informed consent (FPIC), which impacts AOPFN rights under Section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples Act, 2021 (UNDRIP).  Ontario has imposed an aggressive timeline to obtain ‘feedback’ on other pieces of legislation that will be impacted by The Economy Act, and they have not made it clear as to what will happen with the input we provide.

BACKGROUND:

·      ​Ontario Bill 5 was tabled in the House of Commons on April 27, 2025 and The Economy Act was passed by Legislature on June 4, 2025.​Ontario claims that The Economy Act will reduce red-tape and streamline development in response to US trade aggression. ​First Nations, including AOPFN, are concerned that this Act will reduce Ontario’s responsibility to obtain free, prior and informed consent, and will scale back on protections for the environment, species at risk, and archaeology.​ Overall, the changes will reduce proponent responsibility to engage with AOPFN on development projects in our territory, when there is a requirement to do so. ​

ONGOING IMPACT TO AOPFN:

·      Enactment of the Special Economic Zones Act, 2025, Schedule 9 - It is unclear how the Government of Ontario will define a “trusted proponent”, what the criteria for selection of a “trusted proponent” will be, and what the additional powers or exemptions a “trusted proponent” will include. Policy materials in support of the Act provide a vague definition of a “zone”, stating only that it is a geographically bounded area of any size within the province where strategic economic activities are taking place.­  The designation of these Special Economic Zones, if they occur within AOPFN’s unceded Algonquin territory, appear to remove mechanisms by which the AOPFN can conduct project reviews through regulatory process and does not allow for AOPFN to develop free, prior, and informed consent on any project within these zones.

·      Ontario Heritage Act exemptions

­  AOPFN remains opposed to proposed exemptions on the Ontario Heritage Act, as they weaken already insufficient legislation protecting archaeological sites and potential remains of ancestors and spiritual places.

NEXT STEPS:​

·      AOPFN will be sending a second ‘opposed response’ letter to the Province very soon, which will state again AOPFN’s extreme disappointment that Ontario did not obtain our informed consent before it passed this legislation, and the letter also speaks to AOPFN’s position moving forward. ­  AOPFN expects that Nation-to-Province engagement on matters respecting our Inherent rights, will not be treated casually, with disregard, or as a final obstacle to overcome.  Any legislation or policy changes proposed by the Government of Ontario that are contrary to our Constitutionally protected rights will be opposed by AOPFN and will negatively affect the Nation-to-Province relationship between AOPFN and Ontario. It is evident that early and rigorous Nation-to-Province consultation is necessary before further changes are contemplated that may impact the regulatory assessment, impact assessment, archaeological assessment, and species at risk assessment processes of Ontario.  AOPFN is serious about its responsibilities on these matters.  We expect Ontario will be the same going forward.

·      AOPFN will continue to work in a positive way with Proponents and the Crown, and the AOPFN Consultation Department is working hard on your behalf to ensure Ontario is held accountable.​

·      A second Community Meeting will be held soon, details for in-person and virtual participation will be posted in an upcoming newsletter.  ​

CLOSING:

·    AOPFN does not, and never has, claimed to speak for all Algonquins on this or any other matter and that we respect the rights of other Algonquin nations, Canada’s duty to consult, and Canada’s responsibility to uphold the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Indigenous Rights to free, prior, and informed consent.

·    Protection of the lands, waters and wildlife is always our top concern. The AOPFN will continue to inform proponents in respect to our Consultation & Engagement Protocols & Requirements in relation to projects in AOPFN’s unceded Algonquin traditional territory.