Action Alert - Bill C-5 Risks Environment, Health, Indigenous Rights

ACTION ALERT:

Building Canada Act Poses Risks to Environment, Health, and Indigenous Rights

The Building Canada Act is expected to be implemented this Fall.

It could fast-track environmentally risky mega-projects across the country while undermining federal laws designed to safeguard the environment, human health, and Indigenous rights.

What is the Building Canada Act?

The Building Canada Act (BCA) is Part 2 of Bill C-5, which was introduced and passed in June 2025.

If implemented, the BCA will give the federal Cabinet virtually unfettered discretion to:

designate any major facility, resource-based activity, or infrastructure (i.e. nuclear facilities, pipelines, mines, etc.) as “national interest” projects,
automatically pre-approve these projects under federal environmental laws (i.e. Impact Assessment Act, Fisheries Act, Species at Risk Act, Canadian Navigable Waters Act, Canadian Environmental Protection Act, 1999, etc.) and could sidestep long-standing review and assessment requirements under these laws, and
make regulations which could exempt these projects from additional applicable federal laws (some exceptions apply).

This bill was fast-tracked and passed despite widespread calls from civil society, Indigenous communities, and the public at large for Parliament to reconsider and carry out appropriate consultations.

Why This Matters

The environmental laws currently listed in Schedule 2 of the BCA have been democratically passed by Parliament to ensure public safety, protect human and ecosystem health, and provide for international security. In CELA’s view, these important statutes should not be arbitrarily prevented by BCA regulations from applying to “national interest” projects, nor should these laws be used to “pre-approve” such large-scale and risk-laden projects.

CELA is not opposed to legislative attempts to create good green jobs or to facilitate the transition to a sustainable low-carbon (or net-zero) future.

But it must be done properly.

If the federal government proposes to designate any projects under Schedule 1 of the BCA, it must ensure that potentially impacted Indigenous peoples are appropriately consulted and their consent obtained, and that projects are co-developed and co-managed. Types of projects that could be considered which may advance reconciliation, environmental protection or public health include:

projects to close the infrastructure gap between Indigenous and other communities,
safe and healthy housing for under-served and under-resourced communities,
safe drinking water infrastructure,
expanded public transportation, including to rural and remote regions of the country, and
expanded access to clean and renewable electricity.

CELA’s called for Bill C-5 to be paused or withdrawn in June – you can find that submission and a related blog on our website.

We subsequently wrote to the Prime Minister and Minister LeBlanc on Monday, August 25 to express serious concern about the BCA and its proposed use to fast-track mega projects that may be environmentally risky and harmful to health and safety. That letter will be posted shortly, and a blog summarizing our concerns is also available.

TAKE ACTION

Immediately contact Prime Minister Mark Carney, Intergovernmental Affairs Minister Dominic Leblanc, and your Member of Parliament – urge them to take these considerations into account before designating any projects under the Building Canada Act.