Last week, we outlined the process for a project to be designated under Canada’s new framework. This week, we answer the question: What are the assessment requirements for a proponent seeking to advance a project of national interest? As project planning and regulatory decisions are increasingly made earlier in the assessment process, Indigenous Nations have less time to engage and influence outcomes. Understanding these requirements can help you make the most of those opportunities while protecting your rights and interests.  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 

What is a Project of National Interest?

As a refresher, in Canada’s Building Canada Act, projects of national interest are intended to grow and diversify Canada’s economy, create high-paying jobs, protect the environment, and uphold the rights of Indigenous Peoples. However, only some major development projects will meet the criteria for designation. Canada’s Major Projects Office (MPO) leads the assessment to decide if a project should be designated as of national interest.

What Does “Sufficiently Advanced” Mean?

There is no specific stage a project must reach before applying to advance a project. Some may already be undergoing an impact assessment, while others may be in the early phases of development.

In recent meetings between the MPO and some of our clients that we’ve been involved in, it has become clear that sometimes Canada or other levels of government will refer a project to the MPO, versus the proponent applying.

However, in all cases proponents must demonstrate that their project is at a “sufficiently advanced stage” before it can be considered. As part of the intake process, proponents are expected to provide:

• Project and proponent information
• Project description and location
• Estimated project costs
• The current project phase
• Any federal impact assessments or permit applications that have been submitted
• Final investment decisions
• Evidence of existing engagement with Indigenous communities

This information helps determine whether the project is at a “sufficiently advanced stage” and ready to proceed through the MPO’s assessment process.

Will a Project Require an Impact Assessment?

That depends on whether the project is designated as requiring an assessment under the Impact Assessment Act (IAA).

Projects that meet the criteria for designation as a project of national interest may still require a federal impact assessment. However, under the proposed Building Canada Act, the Governor in Council may exempt certain Schedule 1 projects (all Schedule 1 projects are projects of national interest) from a federal impact assessment requirement.

What is Changing?

For projects of national interest that do require an impact assessment, the BCA removes the six-month planning phase that is typically required under the IAA, if that phase has not already occurred.

This planning phase has traditionally provided improved opportunities and timelines for Indigenous engagement. Instead, the assessment process now begins once the proponent submits an Impact Statement.

For projects of national interest, federal and provincial environmental permitting that would have previously involved Indigenous consultation after an impact assessment decision, are now developed at the same time as Canada is considering an impact assessment decision.

Early awareness of potential project impacts and meaningful participation in engagement opportunities will be more important than ever for Indigenous Nations seeking to protect their rights and interests.

Finally, if a project of national Interest could affect your Nation’s territory, land use, or cultural values, those impacts will be an even more important consideration in the Crown’s decisions about consultation and accommodation.

Now is the time to gather and organize as much information as possible about your land, land use values, and cultural values, so you can influence decisions about how and whether you should be consulted about projects of national interest.

Our complete Information Blog Series: 

Missed a post? Find all of our Major Projects Readiness blog posts here:

• MAJOR PROJECT AND TIGHT TIMELINES- ARE YOU READY?
• Major Projects and Tight Timelines- How to Pick a Consultant That's Right for You
• The Building Canada Act- What Indigenous Nations Need to Know
• The Building Canada Act- How are Projects Designated under the Act

Join our Free Webinar:

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 

Download our Free eBook:

Looking for more information on how to manage requests coming into your Lands and Consultation Department?  Check out our Lands and Consultation Guidebook below: 

Concerned about your Nation’s readiness to deal with streamlined project approvals?

Shared Value Solutions can help

If you need support, we are here to help! Contact us at info@sharedvaluesolutions.com / 226-706-8888 for more information.

SVS Regulatory Advisors:

Scott Mackay MSc, RPP

Partner and Senior Consultant

Learn more about Scott here.

Meaghan Luis, MSc Pl RPP

Senior Environmental Impact and Negotiations Specialist

Learn more about Meaghan here.

Meghan Dalrymple, MA

Senior Environmental Impact Specialist

Learn more about Meghan here.