Ontario Bill 5: Major Changes to Environmental & Economic Laws

Published on: July 10, 2025

Ontario Bill 5 introduces sweeping changes to environmental protections, replacing the Endangered Species Act (2007) with the Species Conservation Act (2025). This controversial legislation prioritizes economic development over conservation, weakening habitat protections, eliminating mandatory recovery plans, and allowing Cabinet to override scientific recommendations. Below, we compare key changes in Ontario Bill 5 across multiple laws.

This compares key features of the Endangered Species Act, 2007 (ESA) and the Species Conservation Act, 2025 (SCA) introduced by Bill 5.

Ontario Bill 5 References

We have included a copy of Bill 5, download here for reference.
Link to Endangered Species Act, 2007

When viewing our Ontario Bill 5 PDF copy, which we downloaded from Ontario website on July 10, 2025. Be advised that the pages in your PDF viewer do not match the pages within the PDF (Confusing!). When we reference a page, we are using the PDF viewer page.

Table of Contents

Ontario Bill 5 affecting the James bay Lowlands Ring of Fire Public Domain, https://commons.wikimedia.org/w/index.php?curid=371391

Scope of the Act

Feature Endangered Species Act, 2007 Species Conservation Act, 2025 Bill 5
Purpose Focused on protecting species at risk and their recovery. Balances species protection with economic growth and development priorities. —
Repeal Status In force until repealed. Bill 5 repeals the entire ESA (Schedule 10). Page 6

Listing & Protections

Feature Endangered Species Act, 2007 Species Conservation Act, 2025 Bill 5
Independent Listing Species are listed based on scientific assessment by COSSARO. Cabinet may override scientific recommendations; listing is discretionary. Page 6
Indigenous & Treaty Rights Recognizes Indigenous and treaty rights but limited by the Act’s protections. Explicitly protects existing Indigenous and treaty rights as constitutionally recognized, preventing the Act from overriding those rights. Page 48

Habitat Definition

Feature Endangered Species Act, 2007 Species Conservation Act, 2025 Bill 5
Habitat Definition Broad: includes all areas essential to species life stages (feeding, breeding, migration, etc.) Narrow: limited to dens/nests and immediate surroundings only. Page 48

Harassment & Harm

Feature Endangered Species Act, 2007 Species Conservation Act, 2025 Bill 5
Harassment of Species Prohibited under the Act. Removed as a prohibited act (no longer illegal). Page 13

Recovery Plans & Strategies

Feature Endangered Species Act, 2007 Species Conservation Act, 2025 Bill 5
Recovery Plans Mandatory for species at risk to restore populations and habitats. No mandatory recovery plans or progress reviews required. Page 15

Permitting & Registration

Feature Endangered Species Act, 2007 Species Conservation Act, 2025 Bill 5
Permitting Permits required before activities harming species or habitat. Registration is sufficient for many activities; permits less required. Page 15

Special Economic Zones Act (New under Bill 5) vs Existing Law (No SEZs)

Feature Existing Law (Before Bill 5) Ontario Bill 5 – Special Economic Zones Act Bill 5
What it does No such designation exists. Creates “Special Economic Zones” (SEZs) with legal exemptions. Page 43
Exemptions All provincial and municipal laws apply equally. SEZs exempt from almost all laws, including environmental, heritage, and Indigenous consultation requirements. Page 44
Legal Recourse Residents/Indigenous groups can challenge development via courts or tribunals. Lawsuits and appeals related to SEZ decisions are barred (legal immunity). Page 44
Consultation Requirements Standard consultation and environmental assessment required. Consultation and assessments can be bypassed entirely. Page 44

Environmental Assessment Act (Amended by Bill 5, Schedule 3)

Feature Pre-Bill 5 Environmental Assessment Act Ontario Bill 5 Amendments Bill 5
Environmental Assessment (EA) Requirement Applies broadly to many projects, including mining and waste. Exempts major projects like Eagle’s Nest Mine from EA requirements. Page 25
Public Input & Transparency Public consultations and hearings are mandatory. Some assessments and consultations are eliminated or reduced. Page 26
Indigenous Consultation Indigenous consultation required on projects affecting their rights. Weakened or bypassed in exempted projects and SEZs. Page 44

Environmental Protection Act (Amended by Bill 5, Schedule 4)

Feature Pre-Bill 5 Environmental Protection Act Ontario Bill 5 Amendments Bill 5
Fee & Registry Requirements Fees for waste and pollutant registries are collected. Allows refunds and removal of registry requirements, weakening tracking. Page 26
Enforcement & Compliance Directors issue orders for non-compliance; prosecutions possible. Some compliance orders remain but legal challenges are limited by Bill 5’s immunity clauses. Page 44
Protection for Waste Sites Environmental oversight on landfills and waste disposal. Certain landfills (e.g., Chatham-Kent) exempted from protection and assessments. Page 25

Mining Act (Amended by Bill 5, Schedule 5)

Feature Pre-Bill 5 Mining Act Ontario Bill 5 Amendments Bill 5
Consultation & Permitting Mining permits subject to environmental review and consultation. Mining approvals can proceed with fewer consultations and reduced oversight. Page 29
Legal Challenges Appeals and court challenges allowed on mining decisions. Legal actions barred except for judicial review; strong immunity clauses. Page 30
Environmental Protection Protections for water, species, and heritage sites included. Weakened protections; increased exemptions in SEZs and under Bill 5. Page 44

Ontario Bill 5 Summary

Bill 5 repeals the Endangered Species Act, 2007, replacing it with the Species Conservation Act, 2025, which reduces protections by narrowing habitat definitions, removing mandatory recovery plans, allowing Cabinet discretion over listings, and weakening enforcement mechanisms. This shift prioritizes economic development over strong species-at-risk conservation.

Sources:
Endangered Species Act, 2007 (ESA)
Bill 5 — Species Conservation Act, 2025

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