By Terrance S. Carter and Adriel N. Clayton

Ontario Implements Procurement Restriction Policy Targeting U.S. Businesses

In response to U.S. tariffs on Canada, Ontario’s Procurement Restriction Policy (the “Policy”) came into force effective March 4, 2025, restricting U.S. businesses from participating in public sector procurement. The Policy applies broadly to government entities, including ministries, provincial agencies, Ontario Power Generation, and the Independent Electricity System Operator, as well as designated Broader Public Sector (BPS) organizations, specifically including Children's Aid Societies, hospitals, school boards, universities, and any publicly funded organizations receiving $10 million or more in government funding in the previous fiscal year.

Under the policy, procurement from U.S. businesses with headquarters or main offices in the U.S. with fewer than 250 full-time Canadian employees is prohibited, unless the business is the sole viable source of the goods or services required, and further unless the procurement cannot be delayed. Approval is required in such exceptional cases, regardless of procurement value.

Ontario Exempts “HART Hubs” from Long-Term Care Licensing Requirements

Effective March 21, 2025, Ontario Regulation 246/22 under the Fixing Long-Term Care Act, 2021 (the “FLTCA”) was amended to exempt Homelessness and Addictions Recovery Treatment (HART) Hubs from residential licensing requirements applicable to long-term care homes. This change recognizes that HART Hubs, designed to support individuals with complex service needs related to homelessness, mental health, and addictions, differ significantly from traditional long-term care facilities.

The exemption specifically applies to HART Hub services offering residential stays and overnight nursing care. It aligns with Ontario's broader $378 million Demonstration Project initiative, announced in August 2024, aimed at establishing 19 HART Hubs across the province. These hubs provide integrated, community-tailored services, including primary care, addiction treatment, transitional housing, and employment support, aiming to stabilize and improve outcomes for vulnerable Ontarians.

Ontario Proposes Significant Changes to Endangered Species Act

Ontario's Ministry of the Environment, Conservation and Parks proposed to make substantial amendments  to the Endangered Species Act, 2007 (ESA) on April 17, 2025, aiming to streamline approvals for housing, transit, and critical infrastructure projects. These proposed changes form part of the Protect Ontario by Unleashing our Economy Act, 2025, and would ultimately repeal the ESA to establish a new Species Conservation Act, 2025 (SCA).

The new approach would shift most species-related approvals (i.e. government approvals required to carry out an activity that could impact a species at risk or its habitat) to a registration-first process, allowing proponents to proceed with activities upon meeting specified regulatory requirements. It also proposes establishing a Species Conservation Program to encourage voluntary habitat restoration initiatives and enhance enforcement to ensure compliance.

Stakeholder feedback is invited until May 17, 2025. Further details are also available on the Ontario Environmental Registry.

Proposed Amendments to Ontario Heritage Act

On April 17, 2025, Ontario proposed legislative amendments to the Ontario Heritage Act (OHA), aimed at modernizing compliance and enforcement concerning artifact protection and archaeological site management.

The proposed amendments would allow the Lieutenant Governor in Council to exempt properties from archaeological assessments or other heritage requirements if they advance provincial priorities such as transit, housing, health, long-term care, or other key infrastructure. As well, the Minister’s inspection powers would be expanded beyond licensed archaeologists to include assessments of any land or underwater sites.

In addition to the above, the Minister would also be granted the authority to order archaeological assessments directly, enhancing artifact seizure powers, and establishing explicit investigative authorities under the OHA. A two-year limitation period for offences under the OHA would also be introduced in place of the current six-month period under the Provincial Offences Act, and court orders would be authorized to prevent, eliminate, or ameliorate damage connected to the commission of an offence.

Public consultation on these proposals is open until May 17, 2025. Further details are available on Ontario’s Environmental Registry.

May 1, 2025: Manitoba’s Accessibility Deadline is Approaching

The Accessible Information and Communication Standard Regulation (“Regulation”), enacted under The Accessibility for Manitobans Act (AMA), mandates that all organizations in Manitoba – including non-profits and private businesses – make their information and communication accessible to individuals with disabilities. This includes websites, printed materials, digital files, public notices, and verbal or in-person interactions.

These changes are part of the province's broader goal to achieve full accessibility by 2026 by promoting equity, independence, and full participation for individuals with disabilities. Removing communication barriers helps ensure that all Manitobans can engage with organizations and access essential services and information.

Organizations with at least one employee must comply with the Regulation by May 1, 2025. This deadline applies to all private businesses (such as shops, restaurants and professional services) and not-for-profits (including, but not limited to, charities, places of worship, community organizations and member associations) operating in Manitoba, regardless of size.

Organizations must:

• Inform employees and the public that accessible formats (e.g., large print, braille, audio) and communication supports (e.g., sign language interpretation, captioning) are available upon request
• Consult with the person making the request to determine an appropriate format or support
• Provide the accessible version in a timely manner and at no additional cost.

Websites and web applications created or updated after May 1, 2022 must meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Content essential for accessing services or interacting with the organization must also comply – even if it was created before the Regulation came into effect.
Organizations are required to establish a process for receiving and responding to feedback about the accessibility of their information and communication; make the feedback process itself accessible (e.g., multiple formats such as phone, email, and in-person); and ensure responses are provided in an accessible format if requested. As well, training must be provided to employees, volunteers, and contractors who interact with the public or develop web content, as well as to those who procure or manage information and communication technologies. Organizations with 50 or more employees have additional recordkeeping requirements.

​Read the April 2025 Charity & NFP Law Update