Bill 5 And The Ontario Heritage Act: Understanding The Proposed Archaeological Exemption Framework

On June 5, 2025, Bill 5, the Protect Ontario by Unleashing Our Economy Act, 2025, received Royal Assent, which on a day to be named by order of the Lieutenant Governor in Council ("LG"), will introduce new sections 66.1 and 66.2 to the Ontario Heritage Act (the "OHA"). Once ordered into effect, new section 66.1 authorizes the LG to make orders exempting certain properties from archaeological requirements under Part VI of the OHA, where such exemptions could potentially advance one or more of the listed provincial priorities, including transit, housing, health and long-term care, other infrastructure or such other properties as may be prescribed.

On October 2, 2025, the Province published the first draft of the Archaeology Exemption Criteria Regulation (the " Draft Regulation") on the Environmental Registry of Ontario ("ERO") for public comment here.