Political control over ancient sites sparks alarm in Ontario

The Ontario government has quietly given itself the power to override archaeological protections on development sites.

It's a shift that, for the first time, places millennia-old Indigenous history under direct political control and raises the alarm among experts and First Nations that cultural and burial sites could be erased in the name of economic growth. 

Since 1983, Ontario's archaeological system has depended on professional judgment and arms-length expertise, but recent amendments to the Ontario Heritage Act through Bill 5 have upended that framework in favour of a model where heritage decisions can be made — or unmade — by elected officials behind closed doors.

Section 66.1 of the revised Ontario Heritage Act allows the provincial cabinet to grant sweeping exemptions from mandatory archaeological assessments for projects deemed to advance "specified provincial priorities." This effectively moves the power to protect or destroy historical sites from scientific experts to political decision-makers.

The Ontario government frames the changes as a way to streamline development and advance provincial priorities — like housing, transit and other critical infrastructure — while maintaining some oversight, safeguarding Indigenous access to artifacts and clarifying rules for developers.

First Nations and archaeologists warn the legislative shift could let significant historic sites be erased before they’re even discovered, deepen conflicts between developers and Indigenous communities, and undermine Indigenous rights to their own heritage.

"It's basically like they're trying to rewrite history," Scarlett Janusas, a marine and land archaeologist based in Tobermory, Ont., told CBC News. "That's quite dismal for the province and the populace of the province. I think it's bad when government tries to control our heritage."

The Ontario Home Builders' Association (OHBA), the development industry's main lobby group, said in an email to CBC News that the law provides a "streamlined, predictable approvals system that protects cultural heritage in a responsible and practical way."

Even where exemptions apply, members "routinely engage qualified heritage and archaeological professionals as part of due diligence and risk management," wrote Kirstin Jensen, OHBA's vice-president of policy, advocacy and relationships.

However, critics say relying on the due diligence of developers isn't sufficient to protect vulnerable sites.

Lisa Sonnenburg, president of the Ontario Archaeological Society, warned that such voluntary measures are poor risk management and said the changes could even slow some developments down.

By skipping archaeological assessments, builders are more likely to hit unexpected discoveries — like ancestral burial grounds — which would trigger mandatory investigations under the Cemeteries Act, said Sonnenburg, who is based in Thunder Bay, Ont.

"Everything has to stop," she said. "I can probably guarantee that you end up having to cancel a project or having to do a major redesign."

Sonnenburg also notes that any such finds require First Nations involvement, adding another layer of complexity that proper assessments are designed to anticipate.