Update on Bill 5 and Bill 6: What They Mean for Hamilton and Ward 11

The Province of Ontario has recently introduced two significant pieces of legislation, Bill 5, the Protect Ontario by Unleashing Our Economy Act, and Bill 6, the Safer Municipalities Act. Both bills propose changes that will directly affect municipalities like Hamilton, including our own Ward 11. Here’s a breakdown of what’s in these bills and what they could mean for our community.

Bill 5: Protect Ontario by Unleashing Our Economy Act

Bill 5 is an omnibus bill (that means it bundles together a number of legislative changes, all aimed at speeding up economic development across Ontario.) Here are the key proposals:

• Special Economic Zones: The province would have new powers to designate certain geographic areas, projects, or “trusted proponents” as special economic zones. These zones could be exempt from some provincial laws, regulations, and even municipal by-laws. This could fast-track certain developments but may also limit the City’s ability to oversee and regulate projects in our neighborhoods. We would have less say about what is built in our neighbourhoods within these "special economic zones."

• Species-at-Risk Changes: The bill would replace the current permitting system for species at risk with a “registration-first” approach. This means work could begin immediately after registration, rather than waiting for a permit, potentially speeding up development but raising concerns about environmental oversight.

• Archaeological Assessments: The process for archaeological assessments and artifact protection would be streamlined. This could make it easier for developments to move forward where archaeological sites are present, but may also reduce the time available for proper consultation and preservation. (Note: Currently, archaeological assessments are a key trigger for the duty to consult with Indigenous communities and First Nations governments. These assessments help ensure that Indigenous history, burial sites, and cultural resources are identified and protected before development proceeds. Engaging with Indigenous communities is not only best practice but also a matter of upholding the Honour of the Crown and respecting treaty rights. )

• Mining and Energy Permitting: The bill proposes to streamline the province’s mine permitting process and make changes to the Mining Act, Electricity Act, and Ontario Energy Board Act.

All of these changes are currently open for public comment until May 17, 2025, and City staff are reviewing the proposals and preparing feedback to ensure Hamilton’s voice is heard.

Bill 6: The Safer Municipalities Act

Bill 6 focuses on public safety and the management of public spaces, with a particular emphasis on encampments and substance use:

• Trespass to Property Act Changes: The bill would increase penalties for trespassing, especially in cases where someone remains on property after being told to leave, or is likely to trespass again. Courts would be required to consider these as aggravating factors, and fines could reach up to $10,000.

• Encampment Enforcement: These changes are intended to help municipalities clear encampments from parks and other public spaces, an issue that has been front and centre in many Ontario communities, including Hamilton.

• Illegal Substance Use in Public: The bill introduces new powers for police and by-law officers to stop the consumption of illegal substances in public spaces, including encampments. Officers could direct individuals to stop using, leave the area, or provide identification, and could seize or destroy substances believed to be illegal. Non-compliance could result in tickets up to $10,000 or even up to six months in jail.

What Does This Mean for Hamilton and Ward 11?

• Local Control and Oversight: The special economic zones proposed in Bill 5 could limit the City’s ability to regulate certain developments, which may affect how we manage growth and protect our environment, heritage, and community interests in Ward 11.

• Environmental and Heritage Protections: Faster development approvals may bring economic opportunities, but could also put pressure on our natural and cultural heritage if not managed carefully.

• Community Safety and Public Spaces: Bill 6 aims to address concerns about encampments and substance use in public spaces. While these changes could make enforcement easier, they also raise questions about how we support vulnerable residents and balance safety with compassion.

Next Steps

City staff are reviewing both bills and will be submitting comments to the Province before the May 17 deadline. A full report will come to the Planning Committee in July. As your Councillor, I’ll continue to listen to your concerns and keep you updated as these bills move through the legislative process.

If you want to submit comments to the province:

Residents can submit comments on Bill 5 through the Environmental Registry of Ontario (ERO) until May 17, 2025. There are several ERO postings related to Bill 5, including those on special economic zones, amendments to the Ontario Heritage Act, changes to the Endangered Species Act, and more. You can submit your comments online, by mail, or by email.

How to submit comments for Bill 5:

• Online: Visit the Environmental Registry of Ontario and search for the relevant ERO numbers (for example, ERO No. 025-0416 for the main bill).

• By Mail:

  Public Input Coordinator – Species at Risk Protection

  Species at Risk Branch

  40 St. Clair Avenue West

  Toronto, ON, M4V 1M2

• By Email: ESAReg@ontario.ca

If you have thoughts or questions about how these changes could affect Ward 11, please reach out-I want to make sure our community’s voice is part of this important conversation.

Let’s work together to ensure Hamilton remains a healthy and safe place for everyone to live, work, and raise a family.