What is Bill C-5 and the Building Canada Act?
Last week, Canada’s new federal government proposed Bill C-5 which includes the Building Canada Act (BCA). This new law would provide the federal cabinet with sweeping new powers to designate “national interest” projects and give their proponents a golden ticket: guaranteed federal approval, subject to conditions “TBD”, and the ability to exempt major projects from Canada’s most important federal environmental laws, and even health and safety laws.
Normally these review and permitting laws work like check points for proposed projects as they move from concept to construction. When properly implemented, they make sure we know what impacts on health and environment a project might have before those impacts start to be felt. And where those impacts would breach certain standards, federal decision-makers are empowered (sometimes required) to say “no”.
The “golden ticket” system — what’s at stake?
The Carney government’s golden tickets would act like the ultimate free pass for national interest projects. Projects would be conditionally approved upfront before any review. What’s more, in the compressed project review period that follows, every determination, finding or opinion that the federal government has to make under applicable review and permitting laws is “deemed” by law to go in favour of approving the project — like having a rule that every card you pull from the deck is deemed to be an ace. While conditions may ultimately be attached to the golden ticket, the conditions need not be as protective as otherwise required by law. In practice this means that national interest projects keep their golden tickets even if review shows they would have impacts that would otherwise breach federal laws. For example, a project could be authorized even if it would cause an extinction by killing the last remaining member of a species. Nor does the BCA require a transparent public process with objective criteria for any decisions on conditions – lobbyists rejoice!
Risks to environment and public safety
Well, you might say this sounds questionable, but I guess it’s alright if they pick good projects, right? That is a big “if”. The feds have talked about transportation and electricity infrastructure but also new oil pipelines and mines. New pipelines, for example, would increase climate pollution from the oil and gas sector — already Canada’s highest polluting sector — while climate-fuelled wildfires across the country are causing emergency evacuations and blanketing communities in smoke. They also pose spill risks to local communities and ecosystems along the routes that require careful study, not a rushed backroom process.
In truth, the BCA gives federal cabinet the power to designate any project as “national interest” based on “any factor”. Even if you agree with this government’s pet projects, what about the next government’s, or the one after? Parliament should not enact laws on the “trust us” principle.
The Henry VIII clause — sidestepping parliamentary oversight
But it gets worse because the bill actually uses the “trust us” principle again to give the federal cabinet a gigantic “Henry the VIII clause” — so named for the English king who preferred ruling by royal decree than by laws debated and voted on by Parliament. Federal cabinet has power under the BCA to order that any of the key federal laws scheduled do not apply to national interest projects, and to add whatever other laws to the schedule as they please. In effect, the federal cabinet will have the power to decide whether and how federal law applies to its handpicked national interest projects —without any further sign-off from Parliament. Just imagine the potential for political horse-trading and closed-door lobbying.
And what about Indigenous rights?
On top of all of this, the bill’s text does not give any real assurance that Indigenous peoples’ rights will be respected. What will happen if Indigenous peoples do not provide their free, prior and informed consent before a project is designated as “national interest”? The bill does not say. Can meaningful consultation even occur within the golden ticket system? The bill gives no details.
What parliament must do next
MPs and senators in Parliament must carefully read and consider this bill because the way it is written means they likely won’t be involved again from here on out. MPs and senators are the only people in this country who can tell the government to start over on this bill — and I hope they do.
How you can help
Don’t let the federal government bulldoze our democracy and environment without a fight. Your voice has power — use it to demand action!
Email your MP and Senator and demand they oppose Bill C-5 in its current form. We’ve made it easy for you. The email is already written.
