Six Nations of the Grand…

Six Nations of the Grand River Elected Council (SNGREC) provides the following comment
on Ontario’s draft regulation under the Special Economic Zones Act, 2025.

SNGREC has consistently participated in Ontario’s engagement on Bill 5 and the
development of the proposed SEZ regulation. We have attended meetings, submitted
written feedback, and offered constructive solutions on how Ontario can achieve its
economic goals while upholding its constitutional, legal, and moral obligations to First
Nations. Despite repeated efforts, the draft regulation does not reflect the core changes we
have continually raised. True reconciliation requires shared authority and accountability—
not consultation after decisions are made.

SNGREC has consistently called for:
- Early and mandatory engagement with First Nations before any designation of a
zone, project, or proponent.
- Joint decision-making and oversight on designation approvals.
- Financial accommodation and equitable benefit-sharing for development within
First Nations territories.
- Explicit protection for lands under active claims or negotiations.
- Transparent reporting and public accountability throughout the designation process.

These elements are not represented in this draft regulation. Ontario’s stated goal of
improving efficiency cannot come at the expense of rights, relationships, and
responsibilities that pre-date Bill 5.

1. Duty to Consult and Shared Decision-Making
The draft regulation allows proponents to qualify as “trusted” if the Minister is of the
opinion that they have a plan for engaging with First Nations. This language falls short of the
province’s duty to consult and accommodate. Consultation must occur before any
designation and include written confirmation of outcomes reached with impacted First
Nations.

2. Concentration of Authority
Decision-making remains entirely with the Minister and Lieutenant Governor in Council.
Without shared review or oversight, First Nations are excluded from decisions that directly
impact their territories. SNGREC recommends a joint First Nation–Ontario review process
for SEZ applications to ensure balanced and transparent decisions.

3. Economic Benefits and Equity
The regulation highlights “significant long-term benefits for Ontario” but omits any
reference to equitable benefits for First Nations. Economic development on our lands must
include substantial participation, financial accommodation, and partnership opportunities
for impacted First Nations.

4. Lands under Active Claims or Negotiation
SNGREC reiterates that development in areas subject to active land or rights claims must
not proceed without resolution and First Nations agreement. The regulation must explicitly
prohibit SEZ designations in such territories.

5. Accountability and Transparency
There is no commitment to public reporting or an independent review of SEZ applications.
Ontario must publish all applications, decisions, and any exemptions or modifications
granted, ensuring the process remains transparent to impacted communities.

Additionally, the Environmental Registry of Ontario is not adequate consultation or
engagement. Ontario still has the opportunity to establish a framework that supports
prosperity while respecting First Nations rights and relationships. That begins with listening
and acting on what First Nations rights holders have already made clear.

Recommendations:
- Establish a joint First Nation–Ontario SEZ Review Committee with authority to
review and make recommendations on designations.
- Require proof of consultation, accommodation, and benefit-sharing before approval
of any SEZ, project, or trusted proponent.
- Prohibit SEZ designations within lands under active claim or negotiation without
written agreement from affected First Nations.
- Mandate public reporting of all SEZ designations, exemptions, and modifications.
- Ensure equitable economic participation for First Nations communities in all SEZ-related development.

Economic growth and reconciliation are not competing goals—they depend on each other.

Niá:wen / Thank you,
Six Nations of the Grand River Elected Council