Bill 5: Ontario’s Mining Act Amendments – Economic Ambitions at What Cost? – JFK Law LLP

June 4, 2025

Recent legislative proposals in Ontario, specifically those within Bill 5, titled the Protect Ontario by Unleashing Our Economy Act, 2025,[1] signals a seismic shift in the province’s approach to resource extraction. As highlighted in part two of this series on the Special Economic Zones Act, 2025 (Schedule 9), Bill 5 introduces sweeping changes that concentrate power and pose significant risks. This post, part three delves into Schedule 5’s amendments to the Mining Act, 1990, which echo concerning trends regarding executive authority, environmental oversight, and Indigenous rights. These changes, ostensibly to enhance the provinces economic interests while accelerating and expediting resource development, reveals a troubling prioritization of economic consideration over environmental protection, Indigenous rights, transparency, and due process.

A Shift in Purpose: Economy First?

One of the most fundamental changes involves reframing the Mining Act’s core purpose. Section 2 of the Act is amended to ensure that the encouragement of prospecting, registration of mining claims, and exploration for mineral resource development is pursued to a degree that is “consistent with the protection of Ontario’s economy”.[2] This subtle but significant shift in language signals an elevation of economic considerations, potentially disrupting the previously understood balance with environmental protection and Indigenous rights. New rules, processes, definitions, and exemptions to support this economic focus will be determined through regulation, often at a later date and with less public scrutiny.