Bill to fast-track projects gets instant pushback from climate groups and First Nations
If it becomes law, the federal government will essentially be able to approve certain projects before federal regulatory processes take place. Environmental and other concerns will no longer be able to stop these projects, but mechanisms will be put in place to mitigate any harms.
'Green-lighting major projects up front, before asking how they would affect communities, is nonsensical,' Alex Cool-Fergus, national policy manager at Climate Action Network Canada said in a press release.
'Bypassing democratic norms under the pretext of a 'crisis' is a tactic as old as time. This government must do better.'
Bill C-5 has already prompted the Assembly of First Nations to call an emergency meeting.
'The Assembly of First Nations remains deeply concerned about the lack of time and appropriate process to carry out the Crown's consultation and consent obligations, especially given the potentially massive impact on the rights of First Nations,' AFN National Chief Cindy Woodhouse Nepinak said in a statement.
At a press conference Friday afternoon, Prime Minister Mark Carney clarified that the federal government 'will not impose a project on a province.'
'Bypassing democratic norms under the pretext of a 'crisis' is a tactic as old as time," Alex Cool-Fergus, national policy manager at Climate Action Network Canada said of the federal government's new legislation to fast-track major projects.
'We need consensus behind these projects and we need the participation of Indigenous peoples,' Carney said at a press conference on Friday. This week, BC Premier David Eby said he will not support Alberta Premier Danielle Smith's vision of building a new oil pipeline to BC's north coast.
Conservative Party Leader Pierre Poilievre said caucus will discuss whether to support the legislation (which also enacts the Free Trade and Labour Mobility in Canada Act, intended to reduce interprovincial trade barriers).
Poilievre said it's 'troubling' Carney is giving provinces veto power when Eby has said no to 'the most promising pipeline.' Asked why provinces shouldn't be able to say no, Poilievre said they 'need to start saying 'Yes.''
The bill, tabled in the House of Commons by Intergovernmental Affairs Minister Dominic LeBlanc, would give Ottawa the authority to draw up a list of large projects it wants to prioritize and expedite their federal approval.
When a project is deemed in the national interest and added to the list, it will be considered to be conditionally approved from the outset. The project will go through existing review processes such as the federal Impact Assessment Act, but the focus will be on 'how' instead of 'whether' it can be built.
The bill sets out several criteria to evaluate whether a project is in the national interest. These criteria include whether a project strengthens Canada's autonomy, resilience and security; provides economic or other benefits to Canada; has a high likelihood of successful execution; advances the interests of Indigenous Peoples; and contributes to clean growth and to Canada's objectives with respect to climate change.
In a background press briefing a government official said these are considerations, not a checklist, and other factors can also be considered. What it means for a project to 'contribute to clean growth and to Canada's objectives with respect to climate change' is not defined in the legislation. The cabinet and the governor in council, in consultation with provinces, territories and Indigenous Peoples, will have the discretion to define that, according to a government official.
Consultation with Indigenous Peoples would happen before a project is listed. After that, staff in a new federal major projects office will help coordinate the federal review processes that determine what conditions the project must meet. This means public consultation and comment will take place after a project has already received a 'yes.'
Projects will have to be at a certain state of readiness to be listed for fast-tracking, a government official explained on background. The process for how proponents can submit projects is separate from the legislation and will require consultation with Indigenous Peoples, provinces and territories. Details will be shared 'over the summer,' the official said.
The federal government's goal to get projects through in no more than two years means the clock will start when a project gets listed (approved and designated for fast tracking) and end when the regulatory processes have been completed and conditions set. This goal is political, not legislated.
'Those two years are consulting with Indigenous Peoples understanding impacts on rights, specific measures to accommodate them, understanding specific interactions with the environment," a government official said, adding it takes two years to properly develop the conditions.
Responding to the new legislation, Environmental Defence said projects that should be deemed in the national interest include things like a resilient electricity grid with new east-west interties and with access for solar, wind and storage; scaled-up public transportation; building millions of green, energy-efficient and affordable homes and more.
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