Special Economic Zones Act, 2025

S.o. 2025, chapter 4
Schedule 9

Consolidation Period:  From June 5, 2025 to the e-Laws currency date.

No amendments.

CONTENTS

 

Definitions

1 In this Act,

“designated project” means a project designated under section 4; (“projet désigné”)

“local board” means a local board as defined in the Municipal Affairs Act; (“conseil local”)

“Minister” means the Minister of Economic Development, Job Creation and Trade or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“special economic zone” means a special economic zone designated under section 2; (“zone économique spéciale”)

“trusted proponent” means a trusted proponent designated under section 3. (“promoteur fiable”)

Special economic zones

2 (1) The Lieutenant Governor in Council may, by regulation, designate an area of the Province as a special economic zone if the prescribed criteria are met.

Criteria for designation

(2) The Lieutenant Governor in Council may make regulations prescribing criteria for the purposes of subsection (1).

Trusted proponents

3 (1) The Minister may, by regulation, designate a person as a trusted proponent if the prescribed criteria are met.

Trusted proponents - classes

(2) The Minister may, by regulation, designate a class of persons as trusted proponents if the prescribed criteria are met.

Criteria for designation

(3) The Lieutenant Governor in Council may make regulations prescribing criteria for the purposes of subsection (1) or (2).

Designated projects

4 (1) The Minister may, by regulation, designate a project as a designated project if the prescribed criteria are met.

Designated projects - classes

(2) The Minister may, by regulation, designate a class of projects as designated projects if the prescribed criteria are met.

Criteria for designation

(3) The Lieutenant Governor in Council may make regulations prescribing criteria for the purposes of subsection (1) or (2).

Exemption from requirements

5 (1) The Lieutenant Governor in Council may, by regulation, exempt a trusted proponent or a designated project from requirements under provisions of an Act or of a regulation or other instrument under an Act, subject to conditions specified in the regulation, as those requirements would apply in a special economic zone.

Municipal by-laws, etc.

(2) For greater certainty, the reference to “other instrument under an Act” in subsection (1) includes a by-law or other instrument of a municipality or local board.

Modification of application of provisions of other Acts, etc.

6 (1) The Lieutenant Governor in Council may, by regulation, modify the application of provisions of an Act or of a regulation or other instrument under an Act, subject to conditions specified in the regulation, as those provisions would apply,

(a)  with respect to a trusted proponent in a special economic zone; or

(b)  with respect to a designated project in a special economic zone.

Municipal by-laws, etc.

(2) For greater certainty, the reference to “other instrument under an Act” in subsection (1) includes a by-law or other instrument of a municipality or local board.

Extinguishment of causes of action

7 (1) No cause of action arises against a person set out in subsection (2) as a direct or indirect result of,

(a)  the enactment, amendment or repeal of any provision of this Act;

(b)  the making, amendment or revocation of any provision of a regulation under this Act; or

(c)  anything done or not done in accordance with this Act or a regulation under this Act.

Persons referred to

(2) The persons referred to in subsection (1) are,

(a)  the Crown or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown; or

(b)  a municipality or local board, or any current or former member of the council of the municipality or of the local board, or employee, officer or agent of or advisor to the municipality or local board.

No remedy

(3) No costs, compensation or damages, including for loss of revenue or profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against any person referred to in subsection (1) in connection with anything referred to in that subsection.

Proceedings barred

(4) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection.

Application

(5) Subsections (3) and (4) do not apply with respect to an application for judicial review or a claim for a constitutional remedy, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario.

No costs awarded

(6) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (4).

No expropriation or injurious affection

(7) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Proceedings by Crown not prevented

(8) This section does not apply with respect to proceedings brought by the Crown.

Certain proceedings by municipalities not prevented

(9) This section does not apply with respect to proceedings brought by a municipality against,

(a)  any current or former member of the council of the municipality or of a local board of the municipality; or

(b)  any current or former employee, officer or agent of or advisor to the municipality or a local board of the municipality.

Certain proceedings by local boards not prevented

(10) This section does not apply with respect to proceedings brought by a local board against,

(a)  any current or former member of the local board; or

(b)  any current or former employee, officer or agent of or advisor to the local board.

8 Omitted (provides for coming into force of provisions of this Act).

9 Omitted (enacts short title of this Act).