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Author: David V Wright Page 1 of 6

M.A. (Dalhousie), J.D. (Dalhousie), LL.M. (Stanford).
Associate Professor.
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Major Projects and the Building Canada Act: New list of PONIs or PHONIs?

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On November 14, 2025

In Administrative Law, Energy, Environmental, Natural Resources, Statutory Interpretation

 By: David V. Wright

Matter Commented On: Building Canada Act, SC 2025, c 2, s 4

PDF Version: Major Projects and the Building Canada Act: New list of PONIs or PHONIs?

This week, Prime Minister Carney announced a second tranche of major projects for fast-tracking consideration under the new Building Canada Act, SC 2025, c 2, s 4 (BCA). This short post provides an update on the context and then presents a draft glossary that tries to make sense of the unusual terminology and various types of projects and concepts falling within the increasingly broad mandate of the new Major Projects Office (MPO).

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First Five Building Canada Act Projects of National Interest (PONIs): Hot to Trot, or All for Naught?

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On September 25, 2025

In Energy, Environmental, Indigenous, Natural Resources

By: David V. Wright

Matter Commented On: Building Canada Act, SC 2025, c 2, s 4

PDF Version: First Five Building Canada Act Projects of National Interest (PONIs): Hot to Trot, or All for Naught?

After months of speculation (see e.g. here), the first list of projects of national interest (PONIs) under the new Building Canada Act (BCA), SC 2025, c 2, s 4 was recently released by the federal government. So, now what? This post explores where these projects sit in the new BCA process and the legal paths ahead. Discussion is framed around several key legal questions that bring to the surface some of the complexities that will arise during implementation of the new regime. This builds on the previous ABlawg post that discussed and commented upon the basic structure of the BCA.

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Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here?

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On June 23, 2025

In Climate Change, Environmental

By: David V. Wright

Matter Commented On: Implementation of the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22

PDF Version: Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here?

With so much attention around the proposed Building Canada Act and the expedited process for “national interest projects” contained therein (see recent ABlawg posts here and here, and related coverage here), one could be forgiven for thinking that climate change law and policy is getting lost in the shuffle at the federal level. And given Prime Minister Carney’s scrapping of the consumer carbon tax and hints that the proposed oil and gas cap might be next, there is a fair reason to fear that Canada’s pathway to achieving its climate change commitments is in jeopardy. But wait. Since 2021, the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22 (CNZEAA or the Act, colloquially pronounced ‘sneeze-ee-yah’) has been more or less fulfilling its purpose and is about to do some more work.

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Bill C-5: Move Fast and Make Things, or Move Fast and Break Things?

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On June 10, 2025

In Environmental

By: David V. Wright and Martin Olszynski

Bill Commented On: Bill C-5 – An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act

PDF Version: Bill C-5: Move Fast and Make Things, or Move Fast and Break Things?

On Friday, June 6th, the new Carney Government tabled Bill C-5, Part II of which consists of the Building Canada Act. This proposed legislation is intended to follow through on a promise to speed up resource development and streamline federal project approvals (see also the recent Speech from the Throne). Tabling of the Bill follows the recent First Ministers’ meeting, where there was discussion of potential major projects such as “highways, railways, ports, airports, oil pipelines, critical minerals, mines, nuclear facilities, and electricity transmission systems” (see federal Backgrounder here). The Bill enters today’s broader context of threats to Canada’s economic security and sovereignty due to developments south of the border such as tariffs and expressed imperialist ambitions, and the associated shockwaves rumbling through global economic and political orders.

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Constitutional Caution, Correction, and Abdication: The Proposed Amendments to the Impact Assessment Act

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On May 10, 2024

In Constitutional, Environmental

By: David V. Wright

Matter Commented On: Proposed Amendments to the Federal Impact Assessment Act following Reference re Impact Assessment Act, 2023 SCC 23 (CanLII)

PDF Version: Constitutional Caution, Correction, and Abdication: The Proposed Amendments to the Impact Assessment Act

Last week, the federal government released proposed amendments (beginning at 557) to the Impact Assessment Act (SC 2019, c 28, s 1) (IAA). These come in the wake of Reference re Impact Assessment Act, 2023 SCC 23 (CanLII) (Re IAA), where a 5:2 majority of the Supreme Court of Canada (SCC) found the federal impact assessment regime unconstitutional in part. This post briefly sets out the legal backdrop for the proposed amendments, discusses key proposed changes, and then concludes with commentary on implications going forward. For detailed commentary on Re IAA, see here, here, here, here, here, and here. Overall, this package of proposed amendments represents a constitutionally cautious approach to correcting constitutional problems, including one excessive over-correction where caution is tantamount to abdication (interprovincial effects of greenhouse gas emissions).

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