Ontario bill would eliminate key environmental rights, critics warn

The Ontario government has introduced legislation that would eliminate key public rights under the province's Environmental Bill of Rights, a move critics say will weaken community input and government accountability. Bill 140, the Building Ontario Faster Act, 2026, reached second reading on Oct. 28 after being tabled by the minister of red tape reduction. The omnibus bill proposes changes to accelerate infrastructure projects and reduce regulatory requirements, but Schedule 8 specifically targets the environmental rights framework that has been in place for over three decades.

The proposed changes would remove legal tools that allow residents to challenge certain environmental approvals, request reviews of existing laws and ask the province to investigate suspected violations. It would also alter how the public is notified about proposed environmental laws and policies. "It gives the public a wide range of tools that they can use to protect themselves and protect the environment," said Richard Lindgren, a lawyer with the Canadian Environmental Law Association. "But if Bill 140 is passed, those rights will disappear."

Ontario Minister of the Environment, Conservation and Parks Todd McCarthy defended the changes, arguing they would eliminate duplication while maintaining environmental protections. "Not only will public accountability not be diminished, it will be enhanced. It will be improved. It’ll be modernized for a modern world," McCarthy told The Narwhal. He said the legislation would maintain opportunities to comment on environmental proposals while cutting processes he described as seldom used and resource-intensive.

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Opposition MPPs and environmental advocates strongly disagree. "The government does not want people to tell them what they think. I very much would like the public to have a chance to participate in their democracy," said Oshawa MPP Jennifer K. French during debate at Queen's Park. For someone living near a proposed landfill or concerned about industrial pollution, the changes could mean fewer opportunities to question government decisions or seek an independent review.

The legislation would also change notification requirements. It would eliminate the need to post certain notices on the Environmental Registry of Ontario if they are also posted on the separate Ontario Regulatory Registry. Philip Pothen, Ontario environment program manager for Environmental Defence, argued the two registries serve different purposes. The environmental registry provides mandatory advance notice of environmentally significant decisions, while postings on the regulatory registry are not backed by the same legal requirements and ministries can seek exemptions.

"These are totally different things. They are not duplicates," Pothen said. "If there was some duplication to be eliminated, it should eliminate the regulatory registry posting because that’s the one that’s voluntary." He said advance notice is essential because it gives the public time to understand proposed changes and raise concerns before decisions are finalized. The Ford government has already removed the environmental registry posting requirement for some projects, like Ontario Place, and for actions relating to at-risk species.

The government says the broader Building Ontario Faster Act will eliminate nearly 220,000 days' worth of permit processing time. "We’re giving businesses the confidence and predictability they need to invest and create jobs here in Ontario, so we can stand up to tariffs, protect our workers and build the most competitive economy in the G7," said Andrea Khanjin, Ontario's minister of red tape reduction, in the government's announcement. The bill follows several previous pieces of Ford government legislation aimed at cutting red tape, including Bill 5 passed in 2025 and Bill 227 passed in 2024. The Environmental Bill of Rights came into effect in early 1994 after years of public concern about pollution and environmental degradation. Before its enactment, environmental decisions were largely made between government ministries and private companies with little public input. A public push for change led to a task force under Ontario's NDP government in 1990, which after months of negotiations produced consensus legislation intended to give the public tools to protect the environment and their communities. Bill 140 has passed second reading and is now being reviewed by a smaller group of MPPs. The government posted the proposed amendments on the Environmental Registry of Ontario in late October, with a 30-day public comment period scheduled to close on Nov. 26.

With files from The Narwhal