Building Canada Act (S.C. 2025, c. 2, s. 4)

Short Title

Marginal note:Short title

1 This Act may be cited as the Building Canada Act.

Definitions

Marginal note:Definitions

2 The following definitions apply in this Act.

authorization

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

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

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

Minister means the member of the King’s Privy Council for Canada designated under section 3. (ministre)

national interest project

national interest project means a project named in Schedule 1. (projet d’intérêt national)

Parliamentary Review Committee

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)

Designation of Minister

Marginal note:Order

3 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 of Act

Marginal note:Purpose

4 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 Projects

Marginal note:National interest

• 4.1 (1) The Governor in Council may, by order, for the purposes of section 5, define national interest.

• Marginal note:Criteria

  (2) 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.

• Marginal note:Report

  (3) 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.

Marginal note:Power of Governor in Council

• 5 (1) 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.

• Marginal note:Publication and consent of province or territory

  (1.1) 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.

• Marginal note:Limit

  (2) 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.

• Marginal note:Amendment

  (3) 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.

• Marginal note:Deletion

  (4) 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.

• Marginal note:Limit

  (5) 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).

• Marginal note:Factors

  (6) 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

  • (a) strengthen Canada’s autonomy, resilience and security;

  • (b) provide economic or other benefits to Canada;

  • (c) have a high likelihood of successful execution;

  • (d) advance the interests of Indigenous peoples; and

  • (e) contribute to clean growth and to meeting Canada’s objectives with respect to climate change.

• Marginal note:Conditions — conflict of interest

  (6.1) Before recommending that an order be made under subsection (1), the Minister must be satisfied that

  • (a) 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

  • (b) 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.

• Marginal note:Consultation

  (7) 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.

• Marginal note:Statutory Instruments Act

  (8) The Statutory Instruments Act does not apply to an order made under subsection (1), (3) or (4).

• Marginal note:Publication in Canada Gazette

  (9) 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.

• Marginal note:Publication in registry

  (10) 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.

Marginal note:Public registry

• 5.1 (1) The Minister must establish and maintain a public registry of national interest projects that is made accessible to the public through the Internet.

• Marginal note:Content of registry

  (2) The Minister must include in the registry in respect of each project

  • (a) a detailed description of the project and the reasons why it is in the national interest;

  • (b) the extent to which the project is expected to meet the outcomes set out in paragraphs 5(6)(a) to (d);

  • (c) detailed cost estimates that do not include private sector commercially sensitive financial information; and

  • (d) the estimated timelines for completion of the project.

Marginal note:Deeming — favourable determinations, findings and opinions

• 6 (1) 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.

• Marginal note:Clarification

  (2) 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.

• Marginal note:Limit

  (3) An authorization is not to be granted solely on the basis of the deeming provision in subsection (1).

Marginal note:Duty to issue document

• 7 (1) 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.

• Marginal note:Conditions to issuing document

  (2) Before a document is issued under subsection (1),

  • (a) 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;

  • (b) 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;

  • (b.1) the Minister must undertake a national security review for all state-owned or foreign investments from hostile countries in any national interest project;

  • (c) 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

  • (d) 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.

• Marginal note:Participation of Indigenous peoples and report

  (2.1) 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).

• Marginal note:Deeming

  (3) 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.

• Marginal note:For greater certainty

  (4) 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).

• Marginal note:Conditions

  (5) 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.

• Marginal note:Subject matter of conditions

  (6) 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).

• Marginal note:Statutory Instruments Act

  (7) The Statutory Instruments Act does not apply to the document.

• Marginal note:Document available to public

  (8) The document, including any amendments to it, must be made available to the public in the manner determined by the Minister.

• Marginal note:Documents and information to be made public

  (9) All documents and information used to issue the document must also be made public.

• Marginal note:Expiry

  (10) If the national interest project has not been substantially started within five years of the issuance of the document, the document expires.

Marginal note:Power to amend conditions

• 8 (1) The Minister may amend any condition that is set out in a document issued under subsection 7(1).

• Marginal note:Power to add authorizations and conditions

  (2) 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.

• Marginal note:Consultation

  (3) Before amending a condition or document under subsection (1) or (2), the Minister must consult with

  • (a) the minister who is responsible for the enactment under which each authorization to which the amendment relates is required; and

  • (b) Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the amendment.

• Marginal note:Limit

  (4) 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.

Marginal note:Information available to public

• 8.1 (1) 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

  • (a) all the conditions that apply to the project;

  • (b) the full contents of the studies and impact assessments conducted regarding the project;

  • (c) all the recommendations received from federal departments and agencies regarding the project;

  • (d) in an accessible written document, the reasons some of the recommendations were not accepted; and

  • (e) a description of the normal regulatory process that would have been followed if the project had not been designated as a national interest project.

• Marginal note:Content — document under paragraph (1)(d)

  (2) The document referred to in paragraph (1)(d) must include

  • (a) a comparative analysis of the conditions imposed and the recommendations received;

  • (b) an assessment of the risks of disregarding the recommendations that were not accepted; and

  • (c) any alternative mitigation measures implemented.

• Marginal note:30 days to make information public

  (3) 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).

• Marginal note:Report

  (4) 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.