Canada

Canada

Ontario: introduces origin-based energy procurement restrictions and strengthens mining approval powers

05 Jun 2025

On 5 June 2025, Ontario’s Protect Ontario by Unleashing Our Economy Act, 2025 (Bill 5) received Royal Assent. The Act amends several statutes, including the Electricity Act, 1998, the Ontario Energy Board Act, 1998 and the Mining Act, to introduce origin-based procurement restrictions in the energy sector and to expand ministerial powers and coordinated permitting tools for mining projects.

Energy-sector amendments (in force on Royal Assent) include:

• authorizing the Government of Ontario to impose procurement requirements or restrictions based on the country, region or territory of origin of specified goods, services, suppliers or related entities across prescribed energy-sector participants, through directives and regulations; and

• empowering the Ontario Energy Board to refuse, revoke or impose conditions on electricity transmission, distribution or generation licences where foreign control could compromise the security, reliability or integrity of Ontario’s energy system.

Mining-sector amendments (in force on 15 October 2025, pursuant to Order in Council No. 1294/2025) include:

• expanding the authority of the Minister of Mines to protect the “strategic national mineral supply chain,” including the power—without prior notice or hearing—to restrict prospecting and licensing, deny leases and, with the approval of the Lieutenant Governor in Council, cancel or revoke unpatented mining claims, licences of occupation or mining leases, without compensation or other remedies; and

• establishing an integrated authorization and permitting regime for designated projects, including coordinated approvals, prescribed service standards and the possibility of fee refunds where timelines are not met.

Nature of measure:
  • Entry restriction
  • Treatment and operation
Type:
  • Entry and establishment (Approval and admission - other)
  • Treatment and operation (Nationalizations and expropriations)
Industry:
  • Primary (Mining and quarrying)
  • Services (Electricity, gas, steam and air conditioning supply)
Inward FDI:
Yes
Outward FDI:
No
Sources: