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Canada Deserves a Project Approval Process That Is Swift by Default

Viewpoint showing that in order to protect Canada’s interests and attract more investment, a loophole for the approval of a few favoured projects is not enough

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This Viewpoint was prepared by Krystle Wittevrongel, Director of Research at the MEI, in collaboration with Alessia Iafano, Research Intern at the MEI, and Gabriel Giguère, Senior Policy Analyst at the MEI. The MEI’s Energy Series aims to examine the economic impact of the development of various energy sources and to challenge the myths and unrealistic proposals related to this important field of activity.

On June 26, 2025, in direct response to shifting geopolitical realities and increased economic and political tension with the United States, Bill C-5, the One Canadian Economy Act, became law.(1) This omnibus bill enacts two distinct pieces of legislation at the same time: the Free Trade and Labour Mobility in Canada Act, which focuses on removing federal barriers to interprovincial trade, and the Building Canada Act, which aims to expedite the approval process for projects deemed to be in the national interest.(2)

Reform to Canada’s regulatory approval process for major projects is long overdue, and indeed, Bill C-5 is an admission that current processes are too complicated and burdensome. However, what Canada needs even more than a loophole for the approval of a few favoured projects is an approval process that is swift by default.

An Expedited Way Forward for All Projects

Bill C-5 effectively overrides and limits the application of the Impact Assessment Act (IAA) for projects in the national interest. In place since 2019, the IAA has been criticized for its sluggishness. In fact, the IAA has been a major contributor to declining investment in Canada’s natural resource sector due to its unpredictable timelines and uncertainty for investors.(3)

Under Bill C-5, so-called “national interest” projects are intended to complete federal review in under two years. However, relying on projects the federal government deems to be in the national interest alone will not do enough to increase investor confidence and enhance Canada’s prosperity and economic security.(4)

There are currently only 20 projects undergoing an impact assessment under the IAA approval process, and these are still far from completion despite having already spent an average of 2.8 years embroiled in the process.(5) Of these 20 projects, the majority are in the second phase, with five still in the initial planning phase, having only begun the process within the past year (see Figure 1). Only a single project, Cedar LNG, has successfully navigated the entire approval process since the IAA became law in 2019.(6)

How to Speed Up Project Approvals

In order to attract investment, the Canadian government needs to institute an approval process that is swift by default. A more ambitious timeline is required, such as a hard deadline of 18 months, alongside additional mechanisms to restore investor confidence. The following six reforms should be made to the Impact Assessment Act.

  1. Limit the scope of federal assessment to areas of federal jurisdiction in a way that respects constitutional boundaries. This ensures that federal authorities avoid overstepping into areas of provincial jurisdiction, maintaining clarity and efficiency by addressing only those projects where federal decision-making is applicable or required. This will help reel in timelines and alleviate legal uncertainty.
  2. Fast-track projects using existing infrastructure or existing rights of way by focusing assessments on new or additional impacts not covered by an earlier assessment rather than reassessing all aspects of a project.
  3. Remove the ability of the Minister (or Governor in Council) to extend the time limit or suspend the process, which not only creates uncertainty regarding timelines but also introduces political uncertainty due to the discretionary nature of this power.(7)
  4. Automatically recognize provincial assessments that have already been conducted. This reduces overlap and duplication, and ensures timeliness.
  5. Restrict the scope of factors under consideration during an assessment in order to enable projects to proceed in a timely and environmentally responsible way. The current review process and its expansive scope of considerations extends beyond relevant environmental factors to include elements that are not directly pertinent, such as the intersection of sex and gender with other identity factors, which can be subjective and further complicate and extend the review process.(8)
  6. Provide certainty for project proponents regarding whether an assessment is even required. The fact that proponents may not know during planning whether or not their project will require a federal assessment is a major hurdle to deployment. This reform can be achieved, in part, by removing the ability of the Minister to require an impact assessment for projects of a type that are not on an explicit, finalized, published list. As ministerial discretion can be exercised to include certain projects not explicitly designated for assessment, the current system creates significant uncertainty for project proponents.

In sum, to protect Canada’s interests, attract more investment, and “build, baby, build,” the federal government should adopt the above reforms to the Impact Assessment Act and create a system that is swift by default for all major projects, not just a favoured few.

References

  1. Government of Canada, Bill C-5, An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act, June 26, 2025.
  2. This includes streamlining regulatory approvals and making the process more predictable and coordinated for projects which meet criteria related to a national interest designation. These criteria include the extent to which projects will: strengthen Canada’s autonomy, resilience, and security; provide economic or other benefits; have a high likelihood of success; advance the interests of Indigenous Peoples; and contribute to clean growth and climate change objectives. Government of Canada, Intergovernmental Affairs, Internal Trade, One Canadian Economy, Implementation of Bill C-5: One Canadian Economy Act, June 26, 2025.
  3. For instance, in 2015, the total value of projects in Natural Resources Canada’s major projects inventory stood at $711 billion, but by 2023, it had dropped to $572 billion. Adjusted for inflation, Canada should have had $886 billion in planned investments. For context, globally, annual upstream oil and gas investment was expected to reach US$570 billion in 2024, up 7% from 2023, which was up 9% from the previous year. Natural Resources Canada, Natural Resources: Major Projects Planned and Under Construction – 2016 to 2026, August 2016, p. 2; Natural Resources Canada, Natural Resources: Major Projects Planned or Under Construction 2023 to 2033, May 2023, p. 23; Heather Exner-Pirot and Michael Gullo, “DeepDive: Time to move from talk to action on regulatory reform,” The Hub, March 22, 2025; International Energy Agency, World Energy Investment 2024, p. 12, June 2024; International Energy Forum, Upstream Oil and Gas Investment Outlook, June 2024, p. 8.
  4. Government of Canada, op. cit., endnote 2; Prime Minister’s Office, News, Statements, “First Ministers’ statement on building a stronger Canadian economy and advancing major projects,” News release, June 2, 2025.
  5. Project timelines range from 3 days to 2,143 days as of July 10, 2025. Government of Canada, Impact Assessment Agency of Canada, Canadian Impact Assessment Registry, consulted July 10, 2025. These timelines do not include suspensions or extensions that occurred for a number of projects such as the Mont Sorcier Mining Project or the Bruce C Nuclear Project.
  6. This project was approved under the substitution agreement with British Columbia. Government of Canada, Impact Assessment Agency of Canada, Canadian Impact Assessment Registry, Cedar LNG Project, May 30, 2025.
  7. Timeline extension can be by the Agency, the Minister, or the Governor in Council. Government of Canada, Impact Assessment Act, S. C. 2019, c. 28, s. 1, s. 2(5), 18(1), 18(3), 18(5), 19(2), 28(6), 28(7), 28(9), 36(3), 37(3), 37(4), 37(5), 37(6), 70(2), August 28, 2019 (last amended June 2, 2025).
  8. Section 22(1)(s) refers to the gender consideration in the IAA. Maureen Killoran et al., “Supreme Court of Canada finds the federal Impact Assessment Act unconstitutional,” Osler, Hoskins & Harcourt, LLP, October 13, 2023.
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