A Bird's Eye View of the Protect Ontario by Unleashing our Economy Act, 2025

June 24, 2025 | Albert Engel, Partner, Fogler, Rubinoff LLP

On June 5, 2025, the Protect Ontario by Unleashing our Economy Act, 2025 ("Act") came into force. The Act aims to protect Ontario from global economic uncertainty by enacting measures that the government believes will stimulate Ontario's economy. It attempts to do so through amendments to the Electricity Act, 1998, the Endangered Species Act, 2007, the Environmental Assessment Act, the Environmental Protection Act, the Mining Act, the Ontario Energy Board Act, 1998, the Ontario Heritage Act and the Rebuilding Ontario Place Act, 2023 and by introducing the Special Economic Zones Act, 2025  and the Species Conservation Act, 2025. The amendments and new acts are summarized below.

Electricity Act, 1998

Amendments to the Electricity Act, 1998 permit the Minister to issue procurement directives based on country, region or territory of origin, extinguish certain causes of action in respect of procurement restrictions and limit the application of the Discriminatory Business Practices Act to the procurement restrictions.

Endangered Species Act, 2007

The Act introduces the Species Conservation Act, 2025 to replace the Endangered Species Act, 2007 at a later date. Currently, the Act has amended the Endangered Species Act, 2007 in many ways that alter protections and recovery strategies previously in place in respect of species at risk including:

  • Shifting the purpose away from protecting and promoting recovery of species at risk and their habitats to providing 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;
  • Narrowing the definition of "habitat" to dwelling-places for animals species, critical root zone for vascular plant species and areas on which all other species directly depend in order to carry on life processes;
  • Providing discretion to the Lieutenant Governor in Council with regard to which species are added to the Species at Risk in Ontario List;
  • Permitting harassment of species listed on the Species at Risk in Ontario List;
  • Removing recovery strategies and management plans;
  • Removing limitations on the Minister's ability to issue permits; and
  • Ceasing all payments to the Species at Risk Conservation Fund and providing for the wind up of the affairs of the Species at Risk Conservation Trust.

Environmental Assessment Act

Amendments to the Environmental Assessment Act include termination of the agreement and approval process for the proposed Eagle's Nest multi-metal mine in Northern Ontario's Ring of Fire region, and exemption of the Chatham-Kent Waste Disposal site, potentially allowing these projects to proceed without the previously mandated environmental assessment processes.

Environmental Protection Act

Amendments to the Environmental Protection Act eliminate fees for EASR registrations and provide for potential refunds of such fees.

Mining Act

Amendments to the Mining Act include measures for stricter controls on foreign involvement in mining projects if desirable for the protection of the strategic national mineral supply chain, the  extinguishment of causes of action resulting from any modification, revocation, suspension, cessation or termination of property rights, contractual rights or other rights resulting from such amendments and an expedited process for authorization and permitting through the establishment of delivery teams.

Ontario Energy Board Act, 1998

Amendments to the Ontario Energy Board Act, 1998 include procurement restrictions shielded from the Discriminatory Business Practices Act and civil claims.

Ontario Heritage Act

Amendments to the Ontario Heritage Act include exemptions from archaeological assessments if such exemptions could potentially advance one or more provincial priorities such as transit, housing or health and long-term care.

Rebuilding Ontario Place Act, 2023

Amendments to the Rebuilding Ontario Place Act, 2023 remove the Ontario Place Redevelopment Project from the Environmental Bill of Rights, 1993 process.

Special Economic Zones Act, 2025

The Special Economic Zones Act, 2025 permits the government to designate specific geographic areas as Special Economic Zones within which projects may be subject to fewer regulatory requirements and expedited approval processes.

Species Conservation Act, 2025

On a date to be determined, the Endangered Species Act, 2007 will be repealed and replaced with the Species Conservation Act, 2025. The Species Conservation Act, 2025 maintains the same purpose as the newly amended Endangered Species Act, 2007 described above to both identify species at risk and provide for the protection and conservation of species while also taking into account social and economic considerations.  It provides for the classification of species, protection and conservation of species along with the ability to proceed with certain activities by registering in a newly established Species Conservation Registry and other activities by obtaining a permit from the Minister.  It also contains enforcement, inspection, appeal, offence and penalty provisions similar to those in the amended Endangered Species Act, 2007.

Conclusion

The measures enacted by the Protect Ontario by Unleashing our Economy Act, 2025 as summarized above are substantial, affect a wide range of stakeholders but do offer opportunities for economic activity. The impact on existing rights and resources remains to be seen and quantified.  While the extent of the measures will be further detailed in regulations made pursuant to the new and amended statutes, potentially affected parties should familiarize themselves with the details of the statutory amendments relevant to their interests, the majority of which are in force as of June 5, 2025.

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