Recently in Stratford, a number of lawn signs have appeared urging the province to “Repeal Bill 5.”
What is Bill 5? It is the most undemocratic offering yet by this Conservative government. It permits the provincial cabinet — the premier and/or ministers — to waive any and all provincial or municipal laws in any area of Ontario they declare. And if anyone or their land is harmed by the waiver, the new law prevents them from suing the province for damages. It also eliminates the Species at Risk Act, and replaces it with a system of registration and permits to harm the environment that will be kept secret from the public.
I couldn’t believe my eyes when I read it, so I wrote to our MPP, Matthew Rae, and asked him to explain: “I have read the text of most of Bill 5 and it fills me with some serious dread. Starting with the worst part of the bill, schedule nine, this part would give your government the power to declare any land in Ontario to be law-free. There is absolutely nothing in the bill to restrict the government actions in that regard. The cabinet could waive labour laws, safety laws, environmental laws, Highway Traffic Act laws, consumer rights laws, property ownership laws, etc. for any or all of Ontario. It’s very hard to understand why the government needs such extreme power. And there are no comparable laws in any other democratically governed jurisdiction. No other executive branch of any other government can declare territory to be lawless.”
His response was not encouraging: “As you know, Special Economic Zones are a common tool in countries and sub-national jurisdictions around the world. . . . It will offer flexibility, applying to current and future priorities and allowing government to consider zones large or small in which trusted proponents and vetted projects that meet high operating, safety, and environmental standards could benefit from things such as streamlined requirements, accelerated permitting, and access to one window services.”
He repeatedly claimed that projects will meet high operating, safety and environmental standards, but I reminded him that those words are not actually in Bill 5. The draft regulations do NOT state HIGH standards, but only that the minister’s opinion is that “trusted” proponents comply with Ontario’s current laws.
I asked again for examples of jurisdictions where the executive branch of any democratically elected government could waive any and all laws in any part of their jurisdiction. China does have big “special economic zone,”, but even there it is limited.
His response was to suggest that similar provisions occur in every U.S. state and in South Korea. I have looked. The words “special economic zone” does appear in some states, but it is specific, limited and has more to do with rewarding investment with tax breaks. The executive branch of these states and countries cannot declare any area to be lawless.
President Trump has suggested something similar, creating “Freedom Cities” that could be free of labour, environmental and health and safety laws, and where residents would not be permitted to vote in state elections. Instead, the developers who build such cities would run them.
We should not be imitating Donald Trump in any way shape or form. And any time this government says “trust us,” one need only to look at the off-again on-again Greenbelt scandal to see how much trust they have earned.
Bill 5 should be repealed. It’s the only way forward.
Mike Sullivan, Stratford
