This recent proposal is very…

This recent proposal is very concerning, this new model does not provide sufficient protection for archaeological heritage and Ancestor burials. Revoking the MCEA would leave archaeological sites, especially within municipalities without an archaeological management plan, vulnerable to disturbance and destruction.

While the danger that this proposal presents to unknown archaeological sites and Ancestor burials is clear, it should be noted, too, that even known archaeological sites would be at risk of impact. Municipalities generally do not have a full list of known archaeological sites at their disposal and are dependent on consultant archaeologists to compile and deliver a Stage 1 report on the archaeological potential of a given project area.

By removing the MCEA, the province would remove the current regulations that trigger archaeological assessment in advance of these development projects. In revoking the MCEA, then, the question becomes, how will municipalities ensure they are meeting their obligations under the Ontario Heritage Act?

Last spring, Chippewas of the Thames First Nation raised several concerns, not only related to the proposal itself, but also related to the approach that the government has taken in consulting First Nations in the development of this new EA regulation, “The current proposals do not reflect the feedback that we have given or heard from other Nations throughout this process, and calls for Ontario to substantively consider cumulative effects, federal climate targets, and Indigenous Knowledge in the EA process have gone unanswered.” Chippewas of the Thames First Nation also raised concerns that changing the EA regulations in this way would result in reduced consultation with First Nations on development projects—a step that would fly in the face of UNDRIP and the TRC Calls to Action.

It is not a surprise that this proposal has been so well-received by the housing sector—clearly, the revised EA regulations are meant to cut corners and reduce cost to private developers, all at the risk of undermining the Treaty rights of Indigenous communities and severely impacting irreplaceable cultural and natural heritage.

If Ontario is serious about implementing credible, robust, efficient, evidence-based, and participatory EA processes, then these proposals cannot proceed in their current form.