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

Full Document:  

Act current to 2025-11-27

National Interest Projects (continued)

Marginal note:Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)

Marginal note:Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)

Nuclear Safety and Control Act

Marginal note:Consultation — subsection 7(1)

11 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.

Marginal note:Consultation — subsections 8(1) and (2)

12 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.

Marginal note:Limit — subsection 7(1)

13 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.

Marginal note:Limit — subsections 8(1) and (2)

14 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.

Canadian Energy Regulator Act

Marginal note:Consultation — subsection 7(1)

15 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.

Marginal note:Consultation — subsections 8(1) and (2)

16 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.

Marginal note:Limit — subsection 7(1)

17 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.

Marginal note:Limit — subsections 8(1) and (2)

18 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.

Impact Assessment Act

Marginal note:Non-application of certain provisions

19 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,

  • (a) 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

  • (b) the time limit set out in subsection 18(1) of that Act does not apply in respect of the project.

Office

Marginal note:Role

20 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.

Amendment to Schedule 2

Marginal note:Add, amend or delete

Regulations

Marginal note:Regulations — enactment

  • 22 (1) The Governor in Council may, on the recommendation of the minister responsible for an enactment, make regulations

    • (a) 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

    • (b) varying the application of any provision referred to in paragraph (a) in relation to one or more national interest projects.

  • Marginal note:Limit

    (2) 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.

Marginal note:Regulations — this Act

  • 23 (1) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Limit

    (2) 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.

Annual Report

Marginal note:Review: national interest project

  • 23.1 (1) 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.

  • Marginal note:Report on review

    (2) 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.

  • Marginal note:Publication

    (3) 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 of Act

Marginal note:Review by Parliamentary Review Committee

  • 24 (1) 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.

  • Marginal note:Review by Minister and report

    (2) 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.

  • Marginal note:Common good of Canada

    (3) 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.

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