URGENT: Ford’s Bill 17 Could Strip Municipalities of Power to Protect Birds

On May 12, the Ford government introduced Bill 17, the Protect Ontario by Building Faster and Smarter Act, 2025, which proposes changes to several key provincial laws, including the Building Code Act, 1992 (“BCA”), the Planning Act, and the Development Charges Act. Framed as a measure to “streamline development,” Bill 17 would impact nearly every phase of Ontario’s land development process—from planning approvals and infrastructure charges to building design standards and local governance authority.

Among the proposed changes, Schedule 1 stands out for its potentially devastating consequences for wildlife, particularly Ontario’s birds.

What Schedule 1 Would Do

Schedule 1 of Bill 17 proposes to amend the BCA by adding a provision that would explicitly bar municipalities from using their general powers under the Municipal Act, 2001 to pass by-laws related to the construction or demolition of buildings.

This move appears to be a direct response to the growing number of municipalities adopting green development standards. Cities like Toronto, Richmond Hill, and Markham, for example, have all implemented sustainable design requirements to improve energy efficiency, reduce emissions, and protect local biodiversity. But these standards have faced opposition from the development industry—most notably from the Residential Construction Council of Ontario, which recently launched a legal challenge against Toronto’s Green Standards.

In practical terms, Schedule 1 would strip municipalities of the ability to require enhanced environmental or wildlife protection measures in building design—even when those measures are cost-effective, evidence-based, and locally supported.

Why This Matters for Birds

One of the clearest casualties of this proposal is bird-friendly building design.

Every year in Canada, an estimated 16 to 42 million birds die from window collisions, making it one of the leading human-caused sources of bird mortality. These collisions occur when birds cannot distinguish reflective or transparent glass from open sky or habitat. Most die on impact. Others suffer from concussions, broken bones, or internal injuries, leaving them vulnerable to predators and starvation.

To combat this, several Ontario municipalities—including Toronto, Markham, and Richmond Hill—have adopted bird-safe building by-laws. These include design requirements like:

• Patterned or fritted glazing

• Reduced night-time lighting

• Limiting reflective glass

• Green building certification standards

  
  

These measures are cost-effective, backed by evidence, and proven to save birds. They are also aligned with the Province’s biodiversity goals and Species at Risk strategies.

Bill 17 would prevent municipalities from adopting or enforcing these bird-friendly design requirements—putting millions of birds at risk.

Violating the Environmental Bill of Rights

In addition to its environmental impacts, Schedule 1 raises serious concerns about transparency and public accountability.

Ontario’s Environmental Bill of Rights ("EBR") guarantees the public’s right to be consulted on government proposals that could significantly affect the environment. The government is legally required to post such proposals on the Environmental Registry of Ontario ("ERO") for public comment.

To date, several parts of Bill 17 have been posted to the ERO, including:

• Schedule 2 - Amendment to the Building Transit Faster Act, 2020 (ERO # 025-0450)

• Schedules 3 and 7 - Proposed Planning Act and City of Toronto Act, 2006 Changes (ERO # 025-0461)

• Schedule 8 - Amendment to the Transit-Oriented Communities Act, 2020 (ERO # 025-0504)

• Proposed Regulation – As-of-right Variations from Setback Requirements (ERO # 025-0463)

• Proposed Regulations – Complete Application (ERO # 025-0462)

But Schedule 1—despite proposing major changes to the BCA—has not been posted to the ERO.

This omission runs contrary to the EBR, which requires public consultation on all legislation that could have a significant environmental impact.

What You Can Do

AEL Advocacy has submitted formal comments directly to the Ministry urging them to amend Schedule 1 and preserve the authority of municipalities to adopt and enforce green and bird-safe building standards.

You can help by adding your voice.

📧 Send your comments to: PlanningConsultation@ontario.ca

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