Last week we outlined the new legislation that has been enacted with respect to major projects. But, as you know, not every major project will qualify under the Building Canada Act (BCA). So, who decides which projects are in the national interest, and what needs to happen before a project can be designated? Read on as our regulatory team explains in more detail below.
There is still time to join our FREE webinar on November 18th. Our regulatory advisors will walk you through the Building Canada Act and what it means for Indigenous Nations. They will explore practical ways your Nation can navigate these processes strategically, protect your rights, interests, and territories, and pursue stronger outcomes that advance the prosperity and well-being of your community and citizens.
Register for our free webinar here:
How to Navigate Major Projects: A Guide for Indigenous Nations
In order to designate a project, the Governor in Council (GIC) (the Governor General acting on the advice of Cabinet) must add a project to Schedule 1 of the BCA. Before doing that, these are the following steps that are required:
1. The Minister overseeing the BCA, must consult with Indigenous groups whose rights may be adversely affected by the project.
2. Following consultation, the proposed designation is published in the Canada Gazette – the official publication of the Government of Canada- for a 30-day notice period.
3. During this 30-day period, the public can comment on the proposal.
4. The government considers the comments, along with input from Indigenous consultations, provincial and territorial engagement, and advice from federal ministers.
5. The GIC then makes the listing decision. The order and the reasons for it must subsequently be published in the Canada Gazette.
In considering a project, the government must describe relevant factors, including how the project could contribute to these five national interest priorities:
Project designation is not just a federal decision made in isolation. The federal government must consult the relevant provincial or territorial government. Where a project falls within a province or territory’s exclusive jurisdiction, the government must also obtain its written consent.
The BCA also requires consultation with Indigenous Nations whose rights, recognized and affirmed under Section 35 of the Constitution Act, 1982, may be adversely affected by carrying out the project.
Being designated under the BCA puts a project on a different path through the federal approval process. Understanding how projects are selected, which factors are considered, and how consultation requirements apply is essential for Indigenous Nations, project proponents and others involved in major project development.
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Designation is only the beginning. In our next blog, we’ll explore what assessment requirements proponents must meet under the Building Canada Act.
Join our regulatory advisors on November 18th as they walk you through the Building Canada Act and what it means for Indigenous Nations. We will explore practical ways your Nation can navigate these processes strategically, protect your rights, interests, and territories, and pursue stronger outcomes that advance the prosperity and well-being of your community and citizens.
Includes a Q&A session.
REGISTER HERE: How to Navigate Major Projects: A Guide for Indigenous Nations
Looking for more information on how to manage requests coming into your Lands and Consultation Department? Check out our Lands and Consultation Guidebook below:
If you need support, we are here to help! Contact us at info@sharedvaluesolutions.com / 226-706-8888 for more information. Read our recent blog posts to learn strategies for preparing your Nation:
Scott Mackay MSc, RPP
Partner and Senior Consultant
Learn more about Scott here.
Meaghan Luis, MSc Pl RPP
Learn more about Meaghan here.
Meghan Dalrymple, MA
Senior Environmental Impact Specialist
Learn more about Meghan here.
Mark MacDougall, MSc, CET, PMP
Senior Regulatory Specialist
Learn more about Mark here.