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Building Canada Act – Projects of national interest

Canada must build critical new infrastructure at speeds not seen in generations. This includes the infrastructure to diversify our trading relationships and to become an energy superpower in both clean and conventional energies.

Building Canada Act – Projects of national interest

Canada must build critical new infrastructure at speeds not seen in generations. This includes the infrastructure to diversify our trading relationships and to become an energy superpower in both clean and conventional energies.

Building Canada Act – Projects of national interest

Canada must build critical new infrastructure at speeds not seen in generations. This includes the infrastructure to diversify our trading relationships and to become an energy superpower in both clean and conventional energies.

Building Canada Act – Projects of national interest

Canada must build critical new infrastructure at speeds not seen in generations. This includes the infrastructure to diversify our trading relationships and to become an energy superpower in both clean and conventional energies.


 

Supporting legislation

The Building Canada Act was introduced as part of Bill C-5, the One Canadian Economy Act, and received Royal Assent on June 26.

Canada needs to use all the tools at its disposal to get major projects built; projects that will help Canada become the strongest economy in the G7, deepen our trade relationships with reliable partners, and create good Canadian jobs.

The Building Canada Act enables the government to streamline federal approval processes to get major projects built faster. These projects – including ports, railways, energy corridors, critical mineral developments, and clean energy initiatives – will better connect our economy, diversify our industries, access new markets, and create high-paying careers, while protecting Canada’s rigorous environmental standards and upholding the rights of Indigenous Peoples.

Investors, provinces and territories, and the business community have been vocal that it is too difficult and takes too long to build economically feasible projects in Canada. Provinces and territories and many Indigenous Peoples want to see critical infrastructure projects advance in support of their interests and priorities.

Through the Building Canada Act, the government will expedite projects deemed in the national interest, by streamlining federal review and approval processes to increase regulatory certainty, helping attract capital, strengthening our industries, and moving towards greater sovereignty and resilience while respecting Indigenous rights and protecting the environment.

Major Projects Office

The Major Projects Office (MPO) advances major projects in Canada and acts as a single window for project proponents into the federal regulatory process to simplify and accelerate project approvals.

The MPO brings together people and processes to move major projects forward faster, responsibly, and sustainably, while respecting the rights of Indigenous Peoples and protecting the environment.

Working with provinces and territories, Indigenous Peoples, and industry, the MPO identifies and evaluates projects that would offer the greatest benefits for Canadians. It provides advice on whether projects are of national significance, based on the five factors outlined in the Building Canada Act – including its contribution to Canada resilience, autonomy and security, economic benefits, contribution to Indigenous interests, and clean growth and Canada’s climate objectives, along with the likelihood of successful project execution.   

Not all projects referred to the MPO will be designated under the Building Canada Act – it is one of the tools the MPO may recommend for a project that would benefit from regulatory streamlining

Learn more about the Major Projects Office and the services they provided.

Indigenous engagement and consultation

Indigenous consultation is a requirement in implementing the Building Canada Act. The Government of Canada is committed to upholding its duty to consult with Indigenous Peoples throughout the process. This commitment is guided by section 35 of the Constitution Act, 1982, the United Nations Declaration on the Rights of Indigenous Peoples Act and the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples.

The Building Canada Act commits that Indigenous Peoples whose section 35 rights may be adversely affected by the carrying out of the project are consulted throughout the process: before determining a project is in the national interest, before the issuance of the conditions document, and before any amendment to the conditions document.

This Act is in line with the Government of Canada’s commitment to the long-term wealth and prosperity of Indigenous Peoples. For this reason, the Government of Canada has doubled the Indigenous Loan Guarantee Program from $5 billion to $10 billion – enabling more Indigenous groups and organizations to become owners of major projects as we move forward with nation-building projects.

Learn more about Indigenous engagement and consultation as part of the implementation of the Building Canada Act.

The Building Canada Act process

For projects designated as in the national interest under the Building Canada Act, a streamlined process will be followed.

1. Consultation and project approval

The Government of Canada will consult with provinces, territories, and Indigenous rights holders on whether a project is in the national interest. Projects will be evaluated in consideration of the extent to which they can:

  • ✔ Strengthen Canada’s autonomy, resilience and security;
  • ✔ Provide economic or other benefits to Canada;
  • ✔ Have a high likelihood of successful execution;
  • ✔ Advance the interests of Indigenous Peoples; and
  • ✔ Contribute to clean growth and to Canada’s objectives with respect to climate change.

Following this consultation, if the Government determines that a project is in the national interest, a project may be listed in the Schedule of projects under the Building Canada Act. This would be done by an Order of the Governor in Council, on the recommendation of the Minister responsible for the Act. A notice that includes the name and description of the project must first be published in the Canada Gazette for 30 days. Publication in the Canada Gazette ensures that potential projects are made public through an established and transparent process.

Following the government Order that lists a project in the national interest, the Building Canada Act provides upfront certainty by automatically granting the federal regulatory approvals listed in schedule 2 of the Act, subject to conditions established by the Minister responsible for the Act, through a single review process described below.

2. Review

The Building Canada Act shifts the regulatory review process to focus on "how" to get the project built, rather than "whether" it should be.

Schedule 2 of the Act includes the most common federal approvals that are typically required for major projects, which vary by type and sector. The Building Canada Act consolidates and streamlines the multiple decisions and processes under these different federal laws into a single review process coordinated by the Major Projects Office with the relevant federal expert departments.  Proponents must continue to comply with requirements that would ordinarily apply to the project, including providing information to support the review process.  

The Building Canada Act requires consultation with Indigenous rights holders as part of the review process. Following the review process and consultations, the Minister responsible for the Act will issue a single set of binding conditions for the project which will be made public. These conditions will include mitigation measures to protect the environment and the rights of Indigenous Peoples. Where appropriate, accommodation measures will also be considered to protect the rights of Indigenous Peoples.

The conditions document, once issued, would be deemed to constitute a permit, decision, or authorization under all applicable statutes. It would be enforceable by the responsible ministers as though it were issued under their existing individual statutory authorities. 

The Act offers a way to accelerate certain projects that are aligned with immediate priorities by providing certainty on the outcome of decisions upfront, and streamlining the review process to allow projects to proceed in a way that continues to ensure environmental protections and commitments to Indigenous rights.

Learn more about our streamlined review process.

Taking action

Learn more about the approach we are taking to building one Canadian economy.

Free Trade and Labour Mobility in Canada Act

Accelerating the removal of federal barriers to internal trade and labour mobility.

Frequently asked questions about the One Canadian Economy Act

List of frequently asked questions pertaining to One Canadian Economy Act.

 

 

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