Projects designated under the Building Canada Act

Fast-tracking projects of national interest

See this infographic for a step-by-step overview of how the Major Projects Office assesses, designates and advances projects under the Building Canada Act. Through a streamlined review and approval process, and a single set of conditions, we reduce federal timelines to a maximum of two years.

When the Building Canada Act is applied

After a project is referred to the Major Projects Office, we work with proponents, provinces and territories, and Indigenous Peoples, to find the right way forward for each project. Depending on the type of project, as well as its status, requirements, and milestones, this could include many different options including a focus on streamlining permitting processes, structuring financing, meaningful Indigenous engagement, etc.

Not all projects referred to the MPO will be designated under the Building Canada Act. This is only one of the many tools the MPO has to help streamline projects.

Projects may be recommended for designation under the Act when it would benefit from regulatory streamlining. For instance, this could include:

• When the project is still early in the process, and could use the MPO’s guidance on regulatory permitting processes.
• When the project could benefit from the Building Canada Act’s ability to remove any duplicative requirements under the Acts outlined in Schedule 2.
• When the project falls under several of the Acts outlined in Schedule 2 of the Building Canada Act, and could use the MPO’s help seeking simultaneous approvals (rather than consecutive) to move ahead faster.

Projects that may be recommended for designation are assessed against the criteria outlined in the Building Canada Act, including the extent to which the project 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 meeting Canada’s objectives with respect to climate change.

If it’s the right fit for the project, and the project meets the criteria, the MPO will take the next steps to designate the project in the national interest under the Building Canada Act.

Designation

Should it be determined that a project may benefit from designation under the Building Canada Act, the government will assess the project and begin consultations with potentially impacted Indigenous Peoples and provinces/territories, to seek their feedback.

After consultations, the Minister responsible for the One Canada Economy makes a recommendation to the Governor in Council. At this stage, a notice is published in the Canada Gazette, for a minimum of 30 days, which includes the name and description of the project. Publication in the Canada Gazette ensures that potential projects are made public through an established and transparent process.

Following the 30-day period, the Governor in Council makes a final decision. If approved, an Order in Council is issued, and the decision to designate the project under the Building Canada Act is published in the Canada Gazette.

Once designated in the national interest under the Building Canada Act, the project is automatically approved for all federal regulatory processes listed in Schedule 2, subject to conditions that will be established by the designated minister (Minister of One Canadian Economy).

After designation: Review process

Being designated under the Building Canada Act does not exempt projects from the federal laws listed under Schedule 2. Rather, it provides upfront certainty regarding those approvals, so the project can continue to move forward while the conditions and requirements under those laws are put in place to ensure the protection of the environment and Indigenous rights. This helps ensure simultaneous reviews, rather than concurrent processes.

Projects will continue to be subject to all regulatory review processes that would ordinarily apply to the project – which will vary depending on the project type and sector. This includes environmental and other review processes, as well as completing the constitutional duty to consult with potentially impacted Indigenous rights-holders, and other review processes.

Once those reviews are complete, the Minister responsible for the Act (the Minister of One Canadian Economy) 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 under Schedule 2 of the Building Canada Act. It would be enforceable by the responsible ministers as though it were issued under their existing individual statutory authorities. If a proponent does not meet those required conditions, the project cannot move forward.

Other tools to advance major projects

For projects not designated under the Building Canada Act, the Major Projects Office offers other tools to support success, such as:

• Multi-departmental coordination to align efforts and reduce regulatory barriers;
• Financial expertise to help proponents secure investment decisions; and
• Strategies to address risks and support project advancement.

Our goal is to identify the best course of action to advance a project quickly so that proponents can make smart investment decisions.