I am deeply concerned by the…

ERO number

025-1077

Comment ID

171393

Commenting on behalf of

Individual

Comment status

Comment approved More about comment statuses

Comment

I am deeply concerned by the proposed Special Economic Zones criteria. What I find most alarming is the broad discretion being given to the Minister and the Lieutenant Governor in Council to determine which entities are "trusted proponents" and which projects are deserving of the establishment of a Special Economic Zone.

Having exemptions made to laws and regulations for any entity is already a dangerous prospect, opening the way to various abuses by companies (environmental harm, violations of workers' rights, harm to the health of surrounding communities). If SEZs are to be implemented, it should not be at the discretion of a Minister. Approvals for designating a SEZ, Designated Project or Trusted Proponent should be a multi-step process requiring approvals from various relevant agencies and full public consultation every time.

The criteria for designating a SEZ, Designated Project or Trusted Proponent are not included in the draft regulation. How something can be determined to be "economically significant or strategically important to the Ontario economy" (or a person can determined to have "a good record of complying with legal requirements", etc.) needs to be laid out in clear and specific detail. It should also not be based on the opinion of the Lieutenant Governor in Council or of the Minister. A decision like that must be required to satisfy specific, defined, measurable criteria, be based on evidence, and not be a decision made purely by one Minister or any individual entity.

Additionally, the text of the draft regulation excludes any express mention of Indigenous rights, including commitments to reconciliation, respect for Indigenous self-determination, or Indigenous inclusion in decision-making. The Ontario government must implement the feedback Indigenous communities have provided, including: revenue sharing, employment and other benefits from projects within their territories, clarity around how Indigenous-led projects, Indigenous proponents or Indigenous governments could be designated, and support to encourage Indigenous business participation.

I strongly oppose Bill 5 and the Special Economic Zones Act, 2025. As an Ontario resident and voter who is deeply concerned about our environment, our economy, and workers' rights, I call on the Ontario government to repeal the Special Economic Zones Act in its entirety.

If the Special Economic Zones Act proceeds, I would like to endorse the following recommendations as the bare minimum required:

1) Promote good governance by limiting discretion and political decision-making. This means limiting the discretion of the Minister and Lieutenant Governor in Council to decide whether designation criteria have been met and instead employ an evidence-based approach where criteria are clearly defined and measurable, and establish oversight mechanisms to increase public participation in and transparency of designation decisions;

2) Respect and uphold Indigenous rights and sovereignty. This means ensuring any decision-making process respects Indigenous rights and sovereignty by enabling their meaningful participation, equitable benefit sharing, mandating the assessment of social, cultural, environmental and cumulative impacts, and explicitly referencing the rights and principles enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including Free, Prior and Informed Consent; and

3) Remove the threat of SEZs operating outside of the law. This means withdrawing the draft regulation and repealing the SEZA that would allow the province to decide what - if any - laws apply to designated projects/proponents within a SEZ.