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A Radical Departure: Remarks on Part II of Bill C-5 (the Building Canada Act)

By: Martin Olszynski

Matter Commented On: Part II of Bill C-5 (the Building Canada Act)

PDF Version: A Radical Departure: Remarks on Part II of Bill C-5 (the Building Canada Act)

On Tuesday, June 17th, 2025, I had the opportunity to appear before the Senate in the context of its study of Bill C-5, Part II of which contains the Building Canada Act. Professor David Wright and I provided an initial analysis of this part of Bill C-5 shortly after it was tabled. As is my regular practice, this post includes my prepared remarks, which expand on some of that earlier analysis. I have also included hyperlinks where useful. In our initial post, Professor Wright asked whether Bill C-5 will allow Canada to ‘move fast and make things’ or ‘move fast and break things’? While it is still too early to answer that question from a project review perspective (the prospects, however, appear increasingly dim), it is now clear that as drafted Bill C-5 breaks fundamental democratic norms, at the least, and that our democracy and the rule of law will be diminished for it.

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

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.

The Vital Importance of Federal Environmental Assessment and the Federal Election

By: Arlene Kwasniak

Matter Commented On: The federal leaders’ debate and how the role of federal environmental assessment was inappropriately miscast, denigrated, and not defended.

PDF Version: The Vital Importance of Federal Environmental Assessment and the Federal Election

On April 17th I watched the English debate among the Canadian Prime Minister contenders. I watched the French debate the day before. For those who may not know, I want to set something straight. It deals with so called “Bill C-69” that CPC leader Pierre Poilievre insists should be repealed. He calls it the “No Pipelines Act,” a term he lifted from Jason Kenny, who called it that years ago. Poilievre calls it new legislation that blocks development, in particular development related to the energy industry like pipelines and references it as just a bunch of useless red tape standing in the way of industrial and resource development. This post addresses these false claims.

Administrative Penalties at the Alberta Energy Regulator 4: Missing Details in a Penalty for Wastewater Released into the Smoky River

By: Drew Yewchuk

Decisions Commented On: AER Administrative Penalty Director’s Decision 2023-002, and AER News Release 2024-12-17

PDF Version: Administrative Penalties at the Alberta Energy Regulator 4: Missing Details in a Penalty for Wastewater Released into the Smoky River

On December 16, the Alberta Energy Regulator (AER) issued AER Administrative Penalty Director’s Decision 2023-002 (CST Coal Penalty decision) to CST Coal Canada Ltd. (CST Coal) regarding the release of contaminated wastewater from the Grande Cache Coal Mine into the Smoky River in in December 2022. This post assesses the AER’s enforcement decision and the justifications provided along with it.

AER declines request for an Environmental Impact Assessment of the Pathways Project

By: Nicole Achtymichuk and Shaun Fluker

Matter Commented On: Letter Decision by AER re: EIA of Pathways Alliance Carbon Capture and Storage Hub (25 October 2024)

PDF Version: AER declines request for an Environmental Impact Assessment of the Pathways Project

The Pathways Alliance Carbon Capture and Storage Hub (Pathways Project) is set to be one of the largest carbon capture and storage projects globally. In late October, the Alberta Energy Regulator (AER) decided that the Pathways Project would not be required to undergo a provincial environmental assessment under the Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA). The AER’s decision highlights how Alberta’s largely discretionary approach to environmental assessments under EPEA, which has not been substantively updated since its enactment in 1993, is inadequate to properly and transparently assess the effects of new and emerging major technologies. This post argues that the legislation should be amended to require a transparent assessment for new forms of major projects with potentially significant environmental, social, economic, and cultural consequences. The undertaking of a comprehensive provincial impact assessment on major projects such as the Pathways Project would also help avoid an application of the federal impact assessment process under the Impact Assessment Act, SC 2019, c 28, s 1 (IAA) for projects wholly within the province.

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