Bill 5 and the Potential Implications for Property Owners in Ontario
The Government of Ontario recently introduced Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025. This proposed legislation aims to streamline approval and procurement processes to facilitate economic development across the province.
According to its preamble, Bill 5 is intended to “protect Ontario from global economic uncertainty by unleashing our economy.” To achieve this, it proposes amendments to several existing statutes, including:
One of the most notable elements of Bill 5 is the proposed introduction of the Special Economic Zones Act, 2025. This new statute would empower the Province to designate “special economic zones” and “designated projects.” These designations may allow certain projects to proceed with exemptions from requirements under other Acts and regulations—including municipal by-laws or other instruments issued by municipalities or local boards.
These proposed exemption powers could have implications for property rights in Ontario. Under the Expropriations Act, RSO 1990, expropriated owners are entitled to certain procedural and substantive protections, including various forms of notice, fair compensation, reimbursement for reasonable legal and appraisal costs, and the right to a hearing of necessity in many circumstances.
While Bill 5 does not specifically address the Expropriations Act, the scope of potential regulatory exemptions under the Special Economic Zones Act raises questions about how expropriation-related protections might be affected in designated zones or projects.
At this stage, it remains to be seen whether the proposed legislation will materially alter the rights of expropriated owners. As always, clarity will depend on how the legislation is implemented and interpreted.
Our firm will continue to monitor Bill 5 and provide updates as further details become available. Whether acting for property owners or expropriating authorities, we remain committed to helping our clients navigate the evolving legislative landscape.