Blog: Building Canada Act Undermines Indigenous and Environmental Justice in Canada

By: Jacqueline Wilson, Counsel, CELA

The federal government is expected to begin implementing Bill C-5, the Building Canada Act (BCA) this Fall.

CELA previously wrote to recommend that Bill C-5 be paused or fixed before it was passed. Unfortunately, most of the concerns raised by CELA in those submissions were not addressed and it became law on June 26, 2025.

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.

CELA is fundamentally opposed to an approach which pre-authorizes approvals for projects without sufficient scrutiny and public input. Environmental decision-making is improved by local knowledge. The BCA improperly excludes the public from critical decision-making. Indigenous consultation provisions remain insufficient.

The preamble’s promise that the Government of Canada is committed to upholding rigorous standards with respect to environmental protection is not fulfilled by the provisions of the statute. Projects should not be exempted from important federal environmental laws, which have been designed to protect the environment, public health and safety.

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.

We encourage you to write to the 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. More information can be found on CELA’s Action Alert page.