Building Canada Act

An Act respecting national interest projects Preamble Whereas Parliament recognizes that it is in the interests of Canada’s economy, sovereignty and security, including its energy security, to urgently advance projects throughout Canada, including in the North, that are in the national interest, including projects that foster the development of economic and trade corridors, connect different parts of the country and get goods to market, strengthen Canada’s ability to trade, create good-paying, unionized jobs, and enhance the development of Canada’s natural resources as well as its energy production and infrastructure; Whereas the Government of Canada is committed to working in partnership with provincial, territorial and Indigenous governments and Indigenous peoples; Whereas the Government of Canada is committed to respecting the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the rights set out in the United Nations Declaration on the Rights of Indigenous Peoples; Whereas the Government of Canada is committed to upholding rigorous standards with respect to environmental protection; And whereas Parliament affirms the need for projects that are in the national interest to be advanced through an accelerated process that enhances regulatory certainty and investor confidence; Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Building Canada Act. Definitions The following definitions apply in this Act. authorization means, in respect of a national interest project, an approval or other decision, or a permit, licence, regulation or other document or instrument, that is required, by a provision of an enactment or, if a portion of an enactment is listed in column 2 of Part 1 or Part 2 of Schedule 2, by that portion of the enactment, to permit the project to be carried out, in whole or in part. (autorisation) enactment means an Act of Parliament listed in column 1 of Part 1 of Schedule 2 or a regulation listed in column 1 of Part 2 of that Schedule. (texte législatif) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Minister means the member of the King’s Privy Council for Canada designated under section 3. (ministre) national interest project means a project named in Schedule 1. (projet d’intérêt national) Parliamentary Review Committee means the committee referred to in subsection 62(1) of the Emergencies Act. Its chair or joint chair, on the part of the House of Commons, shall be a member of that House who is not a member of the government party. (comité d’examen parlementaire) Order The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act. Purpose The purpose of this Act is to enhance Canada’s prosperity, national security, economic security, national defence and national autonomy by ensuring that projects that are in the national interest are advanced through an accelerated process that enhances regulatory certainty and investor confidence, while protecting the environment and respecting the rights of Indigenous peoples. National interest The Governor in Council may, by order, for the purposes of section 5, define national interest. Criteria In order to promote transparency and predictability, an order made under subsection (1) must set out specific criteria that must be met by the proponent of a project in order for the project to be found to be in the national interest. Report If an order is not made within 15 days after the day on which this Act comes into force, the Minister must, within five sitting days of the end of that period, cause to be tabled in each House of Parliament a report that sets out the reasons for the delay and the expected timeline for the making of the order. Power of Governor in Council If the Governor in Council is of the opinion that a project is in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to add the name of the project and a detailed description of it, including the location where it is to be carried out. Publication and consent of province or territory Before adding the name of a project to Schedule 1, the Governor in Council must cause a notice of 30 days, that includes the name and description of the project, to be published in the Canada Gazette and must consult with the government of the province or territory in which the project will be carried out, and obtain its written consent if the project falls within areas of exclusive provincial or territorial jurisdiction. Limit The Governor in Council is not authorized to make an order under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force. Amendment The Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to amend the name or the description of a national interest project. Deletion If the Governor in Council is of the opinion that a project named in Schedule 1 is no longer in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend that Schedule to delete the name and the description of the project. The Governor in Council is not authorized to make an order under subsection (4) in respect of a national interest project after a document is issued in respect of the project under subsection 7(1). Factors In deciding whether to make an order under subsection (1) or (4) in respect of a project, the Governor in Council may consider any factor that the Governor in Council considers relevant, 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. Conditions — conflict of interest Before recommending that an order be made under subsection (1), the Minister must be satisfied that the proponent of the project, or any director, officer or significant shareholder of the proponent, has not been found to have committed a violation under the Conflict of Interest Act and is not the subject of an ongoing proceeding in respect of a violation under that Act; and every reporting public office holder, as defined in section 2 of that Act, who could be in a conflict of interest in relation to the proponent of the project has recused themselves under that Act to avoid the conflict. Consultation Before recommending that an order be made under any of subsections (1), (3) and (4), the Minister must consult with any other federal minister and any provincial or territorial government that the Minister considers appropriate and with Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the order relates. Statutory Instruments Act The Statutory Instruments Act does not apply to an order made under subsection (1), (3) or (4). Publication in Canada Gazette An order made under subsection (1), (3) or (4), and the reasons for it, must be published in the Canada Gazette as soon as feasible after it is made. Publication in registry Within 30 days after an order is made under subsection (1), details of the project in respect of which the order is made must be published in the registry established under section 5.1. Public registry The Minister must establish and maintain a public registry of national interest projects that is made accessible to the public through the Internet. Content of registry The Minister must include in the registry in respect of each project a detailed description of the project and the reasons why it is in the national interest; the extent to which the project is expected to meet the outcomes set out in paragraphs 5(6)(a) to (e); detailed cost estimates that do not include private sector commercially sensitive financial information; and the estimated timelines for completion of the project. Deeming — favourable determinations, findings and opinions Every determination and finding that has to be made and every opinion that has to be formed in order for an authorization to be granted in respect of a national interest project is deemed to be made or formed, as the case may be, in favour of permitting the project to be carried out in whole or in part. Clarification Subsection (1) does not exempt the proponent of a project from the requirement to take all measures that they are required to take, under an enactment, in respect of an authorization. An authorization is not to be granted solely on the basis of the deeming provision in subsection (1). Duty to issue document The Minister must issue to the proponent of a national interest project a document that is deemed to be each authorization that is specified in the document in respect of the project. Conditions to issuing document Before a document is issued under subsection (1), the Minister must be satisfied that the proponent has taken all measures, including providing any information and paying any fees, that the proponent is required to take in respect of each authorization that is specified in the document; the Minister must consult the minister who is responsible for the enactment under which each authorization is required with respect to the conditions that should be set out in the document; the Minister must undertake a national security review for all state-owned or foreign investments from hostile countries in any national interest project; Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the document relates must be consulted; and the Minister must be satisfied that, with regard to any foreign investments in the project, all necessary measures have been taken to protect national security interests. Participation of Indigenous peoples and report For the purposes of consultations required under paragraph (2)(c), the Minister must ensure that a process is established that allows for the active and meaningful participation of the affected Indigenous peoples and that a report of the consultation process and results is made available to the public within 60 days after the day on which a document is issued under subsection (1). Deeming With respect to each authorization that is specified in it, the document is deemed to be the authorization issued under the enactment under which the authorization is required and to meet all of the requirements, under any enactment, that relate to the issuance of the authorization. For greater certainty For greater certainty, any powers that may be exercised and any duties and functions that may be performed in relation to an authorization that is specified in the document may be exercised or performed in relation to an authorization that is deemed to be issued in accordance with subsection (3). Conditions The document must set out the conditions that apply with respect to each authorization that is specified in it. The conditions set out in the document with respect to each authorization are deemed to be conditions imposed under the enactment under which the authorization is required. Subject matter of conditions The conditions set out in the document with respect to each authorization must be conditions that could have been imposed under the enactment under which the authorization is required, taking into account subsection 6(1). The Statutory Instruments Act does not apply to the document. Document available to public The document, including any amendments to it, must be made available to the public in the manner determined by the Minister. Documents and information to be made public All documents and information used to issue the document must also be made public. Expiry If the national interest project has not been substantially started within five years of the issuance of the document, the document expires. Power to amend conditions The Minister may amend any condition that is set out in a document issued under subsection 7(1). Power to add authorizations and conditions The Minister may amend a document issued under subsection 7(1) to specify additional authorizations and set out conditions in respect of each additional authorization, in accordance with section 7. Before amending a condition or document under subsection (1) or (2), the Minister must consult with the minister who is responsible for the enactment under which each authorization to which the amendment relates is required; and Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the amendment. The Minister is not authorized to amend a condition under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force. Information available to public When the Minister establishes the conditions for issuing the document that is deemed to be each authorization that is specified in the document in respect of a national interest project under section 7, the Minister must make public all the conditions that apply to the project; the full contents of the studies and impact assessments conducted regarding the project; all the recommendations received from federal departments and agencies regarding the project; in an accessible written document, the reasons some of the recommendations were not accepted; and a description of the normal regulatory process that would have been followed if the project had not been designated as a national interest project. Content — document under paragraph (1)(d) The document referred to in paragraph (1)(d) must include a comparative analysis of the conditions imposed and the recommendations received; an assessment of the risks of disregarding the recommendations that were not accepted; and any alternative mitigation measures implemented. 30 days to make information public The Minister must, not later than 30 days before the document referred to in section 7 is issued, make public the information set out in paragraphs (1)(a) to (e). The Minister must cause to be tabled a report containing the information set out in paragraphs (1)(a) to (e) in each House of Parliament and, at the request of 10 or more members of that House, must appear, to explain the Minister’s decisions in establishing the conditions, before the committee of Parliament designated or established for that purpose. Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1) Before issuing a document under subsection 7(1) in respect of a project to which the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Newfoundland and Labrador Offshore Energy Regulator with respect to the conditions that should be set out in the document. Subsections 8(1) and (2) Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Newfoundland and Labrador Offshore Energy Regulator with respect to the amendment. Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1) Before issuing a document under subsection 7(1) in respect of a project to which the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Nova Scotia Offshore Energy Regulator with respect to the conditions that should be set out in the document. Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Nova Scotia Offshore Energy Regulator with respect to the amendment. Consultation — subsection 7(1) Before issuing a document under subsection 7(1) in respect of a project to which the Nuclear Safety and Control Act applies, the Minister must consult with the Canadian Nuclear Safety Commission with respect to the conditions that should be set out in the document. Consultation — subsections 8(1) and (2) Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Nuclear Safety and Control Act applies, the Minister must consult with the Canadian Nuclear Safety Commission with respect to the amendment. Limit — subsection 7(1) The Minister is not authorized to issue a document under subsection 7(1) in respect of a project to which the Nuclear Safety and Control Act applies unless the Minister receives confirmation from the Canadian Nuclear Safety Commission that it is satisfied that issuing the document will not compromise the health or safety of persons, national security or the implementation of international obligations to which Canada has agreed. Limit — subsections 8(1) and (2) The Minister is not authorized to amend a condition or document under subsection 8(1) or (2) in respect of a project to which the Nuclear Safety and Control Act applies unless the Minister receives confirmation from the Canadian Nuclear Safety Commission that it is satisfied that the amendment will not compromise the health or safety of persons, national security or the implementation of international obligations to which Canada has agreed. Before issuing a document under subsection 7(1) in respect of a project to which the Canadian Energy Regulator Act applies, the Minister must consult with the Commission of the Canadian Energy Regulator with respect to the conditions that should be set out in the document. Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canadian Energy Regulator Act applies, the Minister must consult with the Commission of the Canadian Energy Regulator with respect to the amendment. The Minister is not authorized to issue a document under subsection 7(1) in respect of a project to which the Canadian Energy Regulator Act applies unless the Minister receives confirmation from the Commission of the Canadian Energy Regulator that it is satisfied that issuing the document will not compromise the safety or security of persons or regulated facilities, as defined in section 2 of that Act. The Minister is not authorized to amend a condition or document under subsection 8(1) or (2) in respect of a project to which the Canadian Energy Regulator Act applies unless the Minister receives confirmation from the Commission of the Canadian Energy Regulator that it is satisfied that the amendment will not compromise the safety or security of persons or regulated facilities, as defined in section 2 of that Act. Non-application of certain provisions If a national interest project is also a designated project, as defined in section 2 of the Impact Assessment Act, sections 9 to 17 and subsections 18(3) to (6) of that Act do not apply in respect of the project and, for the purposes of section 18 of that Act, the Impact Assessment Agency of Canada is deemed to have decided that an impact assessment, as defined in section 2 of that Act, of the project is required; and the time limit set out in subsection 18(1) of that Act does not apply in respect of the project. Role An office may be established to coordinate the exercise of powers and the performance of duties and functions under this Act and the enactments with respect to projects that are in the national interest and to serve as a source of information and point of contact for the proponents of those projects. If an office is established, the Minister is responsible for it. Add, amend or delete Subject to subsection (2), the Governor in Council may, by order, amend Schedule 2 to add, amend or delete the name of an Act of Parliament or a regulation or the reference to a portion of an Act of Parliament or a regulation. Exceptions The Governor in Council is not authorized to amend Schedule 2 to add the name of any of the following Acts of Parliament or of any regulation made under any of those Acts, or a reference to a portion of any of those Acts or regulations: the Access to Information Act; the Canada Elections Act; the Canada Labour Code; the Conflict of Interest Act; the Criminal Code; the Foreign Influence Transparency and Accountability Act; the Investment Canada Act; the Lobbying Act; the Official Languages Act; the Use of French in Federally Regulated Private Businesses Act; the Indian Act; the Auditor General Act; the Extractive Sector Transparency Measures Act; the Railway Safety Act; the Trade Unions Act; the Explosives Act; and the Hazardous Products Act. Regulations — enactment The Governor in Council may, on the recommendation of the minister responsible for an enactment, make regulations exempting one or more national interest projects from the application of any provision of that enactment or any provision of regulations made under that enactment; and varying the application of any provision referred to in paragraph (a) in relation to one or more national interest projects. The Governor in Council is not authorized to make regulations under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force. Regulations — this Act The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act. Review: national interest project Within 90 days after the end of each financial year, the Minister must cause an independent review to be conducted of the status of each national interest project that, in respect of each project, provides an assessment of the progress made on measurable outcomes, including in relation to timelines and budgets. Report on review The Minister must cause a report of the review to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed. Publication The Minister must publish the report on an Internet site that is available to the public within 10 days after the day on which it has been tabled in both Houses of Parliament. Review by Parliamentary Review Committee The Parliamentary Review Committee is to review the Governor in Council’s and the Minister’s exercise of their powers and performance of their duties and functions under this Act and to report to each House of Parliament the results of its review at least once every 180 days while Parliament is neither prorogued nor dissolved. Review by Minister and report Within five years after the day on which this Act comes into force, the Minister must complete a review of the provisions and operation of this Act and must cause a report on the review to be laid before the Parliamentary Review Committee and each House of Parliament. Common good of Canada The review is to be based on the common good of Canada, assured in part by the pursuit of the objectives set out in section 4 relating to shared jurisdiction, public safety, national and international security, the quality of the environment, public health, transparency, public participation and the protection of the rights of Indigenous peoples and linguistic communities.