Prime Minister Mark Carney promised during the election campaign to “build big, build bold” and the legislation that would enable federal fast-tracking of major projects appears poised to clear the House of Commons despite some Indigenous opposition.
The legislation, Bill C-5, essentially gives cabinet the ability to pick certain projects to speed through the regulatory process, with an eye to projects that can deliver an economic boost to Canada, help strengthen the country’s autonomy and resilience and, notably, “advance the interests of Indigenous peoples” and contribute to “clean growth.”
While the bill, the One Canadian Economy Act, is expected to pass the Commons this week with Conservative support, opposition MPs made a number of amendments to the legislation Wednesday night to, among other things, make the streamlined process more transparent by forcing Ottawa to publish the conditions of approval and limiting the government’s ability to allow a project to bypass certain laws.
Government House leader Steven MacKinnon said Thursday the cabinet will review the amendments quickly before deciding what it’s willing to accept.
Following pushback from Indigenous leaders on the government’s bill to get major projects built, Prime Minister Carney emphasized that Indigenous consultation is central to the legislation. Speaking at a news conference in Ottawa on Thursday, Carney affirmed the government’s commitment to ‘embrace’ Indigenous Peoples’ right to free, prior, and informed consent under the Constitution.
Canadians are tired of delays that have hurt economic growth and the government is determined to push ahead with the law, he said, which allows cabinet to exempt projects from provisions of the Canadian Environmental Protection Act and the Impact Assessment Law in the name of expediency.
Cabinet reviewing amendments
A Conservative amendment, if adopted, means however projects must comply with other laws, like the Conflict of Interest Act and Lobbying Act.
“Under the original Liberal proposal, projects could have been approved and built that would financially benefit members of the cabinet,” the party said in a statement.
The Conservatives are making changes to stop the government from “sneaking in provisions that would give themselves the power to broadly skirt the laws of the land without consequences,” the party said.
The government hasn’t said what exactly would be fast-tracked under this legislation — and there are no specific projects mentioned in the bill itself — but Carney has signalled support for new energy “corridors” in the east and west, which could include pipelines and electricity grids, new and expanded port facilities, mines and other resource-related initiatives.
Grand Chief Alvin Fiddler of the Nishnawbe Aski Nation explains why he thinks Gov. Gen. Mary Simon should slow down the passage of the One Canadian Economy Act.
Speaking to reporters at an announcement Thursday about measures to protect the Canadian steel and aluminum industry, Carney said C-5 is “the core of our domestic response” to President Donald Trump’s tariffs.
The push to get “nation-building” projects built, many of which would require huge quantities of steel and aluminum during construction, will help hard-hit sectors weather the U.S. trade war, he said.
“It’s an important piece of legislation that has massive support among Canadians,” MacKinnon said. “It was at the heart of our election campaign and election platform.”
While some Indigenous leaders are opposed, others are on side with the push to deliver more money and jobs to communities that stand to gain from development, MacKinnon said.
“There are Indigenous communities, Indigenous nations that want to participate — they exist all over the country and they deserve to have their voices heard,” MacKinnon said.
Still, some Indigenous leaders are pushing back against giving the cabinet, or the minister they designate to shepherd a project through, so much power to choose major projects.
The legislation itself states the government will recognize, affirm and “respect” Indigenous peoples’ constitutional rights when considering a project. But there’s a fear among some leaders that the consultation process with First Nations, Métis and Inuit communities will be inadequate given Carney campaigned on making final decisions on projects within a two-year timeline.
Right to be consulted
The approvals process has been much longer than that in recent years with industry groups and critics saying endless consultations have bogged down getting things built, hurting the economy. Some Indigenous leaders, meanwhile, say they should be given a meaningful amount of time to offer opinions on a path forward.
The Supreme Court has ruled Indigenous peoples have a right to be consulted on a potential project — but they do not have a final veto on whether something should go ahead.
Carney promised Thursday to respect the government’s legal obligations to Indigenous peoples — and make money available to communities that want to take an equity stake in proposed projects so any potential wealth can be shared.
“Consultation, co-operation, engagement, participation is at the heart of C-5 and that is how you build a nation. And that’s very much how we’ve designed it,” Carney said.
Despite those assurances, Indigenous leaders want more of a say over the bill itself, with clearer provisions that their rights won’t be trampled as the government pushes to get things built fast during a trade war.
Sen. Paul Prosper says he’ll be putting forth an amendment to delay half of the One Canadian Economy Act. Prosper says the bill is moving too quickly through Parliament and is concerned about the level of consultation provided for major projects.
Paul Prosper, a Mi’kmaw senator from Nova Scotia, is promising to “slow down the process” in the Red Chamber with an amendment to give Indigenous peoples more time to weigh in and make their pitches to change the bill.
“If you don’t do it right, we’re looking at some potential litigation in the future. It’s best to be proactive now,” Prosper said.
It’s not clear if he will be successful. The Senate has already agreed to a “work plan” to get the legislation through the upper house before it rises for the summer recess. MacKinnon said the bill will be put to a final vote in the Senate next week.
Nishnawbe Aski Nation Grand Chief Alvin Fiddler, who represents 49 First Nations in northern Ontario, wants the Governor General to step in before giving the legislation royal assent — which is an unlikely and constitutionally dubious proposition.
“I’m hoping she’s paying attention to what’s happening here so that she can think about intervening,” he said.
