Dismantling Environmental Protection in Ontario - By Gord Miller

As a former environmental commissioner appointed by an OntarioProgressive Conservative premier, I feel compelled to share my perspective on the recent developments surrounding Bill 5, which, in its current form, poses a profound threat to the foundational principles of Ontario’s environmental protection framework.This bill, with its sweeping provisions and potential to dismantle decades of environmental progress, warrants serious reconsideration.

Ontario’s environmental protection system is a testament to years of dedicated effort, legislative innovation, and societal consensus that values healthy ecosystems, biodiversity, and sustainable development. The policies and laws we have developed over the past fifty years are not merely bureaucratic codifications; they embody our collective acknowledgment that our well-being is intrinsically linked to the health of our environment. These laws, from defining pollution as an “adverse effect” to protecting species at risk and requiring thorough environmental assessments, represent a conscious effort to balance development with ecological stewardship.

Reflecting on the origins of these policies, it’s clear that Ontario laid robust foundational principles in the early 1970s, recognizing the need for legal clarity, scientific accuracy, and public involvement. For example, the Environmental Protection Act (1971)introduced an essential concept: pollution occurs when contaminants cause adverse effects—a broad and flexible definition that allows for judicial interpretation yet firmly establishes that discharges harming our environment and health are unacceptable. This definition built on the understanding that pollution isn’t just about visible waste but encompasses a range of impacts that diminish our quality of life.

Similarly, theenactment of the Endangered Species Act signified a societal recognition thatour responsibilities extend beyond immediate human interests to include thepreservation of our natural heritage. Listing species at risk and protectingtheir habitats—initially through legal designations and later refined withscientific input—demonstrated our commitment to preventing the irreversibleloss of biodiversity. Changes to these protections, especially politicalmanipulation of species listings, threaten to undo decades of progress andexpose Ontario's rich ecological tapestry to unnecessary peril.

Additionally,Ontario’s approach to environmental assessment(EA) established a systematic process for evaluating the environmentalimplications of significant projects before their approval. Requiringgovernments to consider the needbeing addressed, alternative solutions, assess impacts, and consult the publicencouraged transparent decision-making and minimized harm to ecosystems. Suchan approach was revolutionary and set a standard that many other jurisdictionshave since emulated. Abandoning or diluting these principles for expediencyrisks not only environmental degradation but also erodes public trust in ourgovernance.

Against thisbackdrop, the provisions of Bill 5 are deeply concerning. The introduction ofthe Special Economic Zones Act, 2025, which grants Cabinet broad authority toexempt projects from existing environmental laws, signals a perilous shifttoward executive discretion over environmental safeguards. Such sweepingexemptions could effectively nullify protections for air, water, land, andwildlife, opening the floodgates to environmentally harmful development drivensolely by economic interests.

Furthermore,the bill’s attack on the Endangered SpeciesAct, particularly the narrow definition of habitat and the potential forpolitical delisting of species, undermines the very purpose of theseprotections. Protecting only breeding or restricted survival areas overlooks thebroader ecological needs of species—especially those, like predators, thatrequire extensive ranges for feeding and migration. Eliminating theindependence of scientific bodies like COSSARO and transferring species listingauthority to political actors invites manipulation, eroding scientificintegrity and leading to decisions driven by transient political prioritiesrather than ecological realities.

Most troubling,however, is the bill’s repudiation of the environmentalassessment process by allowing certain large-scale projects—such as mines andlandfills—to bypass rigorous review altogether. This approach abandons theincremental, thoughtful steps that have helped Ontario avoid environmentalcatastrophe and the social discord that often accompanies unplanneddevelopment. Those processes—though imperfect—are foundational to sustainableplanning, ensuring communities are consulted, impacts are understood, andalternatives are considered.

From a broader perspective, this bill appears to represent an ideological shift away from environmental stewardship and toward unchecked economic growth at all costs. Itseems designed to appease short-term economic pressures and diminish the role of science, public participation, and precaution in environmental decision-making. Such a trajectory risks deconstructing the very ethos that has made Ontario a leader in environmental policy, turning a trust-based system into one susceptible to patronage and arbitrary decision-making.

In my view, the damage inflicted by Bill 5 will be long-lasting. Once protections are eroded, they are difficult to rebuild, and the environmental costs—loss of biodiversity, degraded water and air quality, diminished ecological resilience—are irreversible. Our responsibility is to uphold the principles that have servedus well, ensuring that development proceeds hand-in-hand with environmental care.

Ultimately, we must ask ourselves: what kind of legacy do we want to leave for future generations? Will Ontario be remembered as a jurisdiction that prioritized environmental health and scientific integrity, or one that betrayed its natural heritage for fleeting economic gains? The choices we make today—embodied in legislation like Bill 5—will define that legacy. I urge policymakers, stakeholders, and all Ontarians to recognize the importance of preserving our ecological awareness and safeguarding the laws.

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