Ottawa's Building Canada Act and major projects proposals draw criticism over political discretion
A think tank argues federal project approval proposals increase political discretion and leave Indigenous consent unaddressed.
Sources · C.D. Howe Institute
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A Canadian policy analysis says Ottawa's Building Canada Act and a companion discussion paper on "Getting Major Projects Built in Canada" increase political discretion over project approvals and risk politicizing regulation further.
The author, writing for the C.D. Howe Institute, a think tank, argues the current system is not working and that the proposed changes are well-meaning and necessary but do not go far enough. The Building Canada Act gives federal cabinet largely unconstrained discretion to designate a "national interest project" and approve it, the author writes.
The analysis says the discussion paper makes almost no mention of national interest projects, suggesting the same approach would apply to major projects generally. It also argues that regulators must produce a record supporting a cabinet determination already made, and that the proposals do not explain how the government will approach the free, prior and informed consent of Indigenous peoples.
The public comment window on the discussion paper is 30 days and ends Monday. At the time of writing, no projects had been designated under the Building Canada Act. The analysis does not include a government response.
