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From tall tales to truth: 10 privacy myths we still hear
Privacy misconceptions are everywhere.
Canada | Publication | June 30, 2025
On June 26, Bill C-5, the One Canadian Economy Act, received royal assent.1 The One Canadian Economy Act introduces two pieces of legislation aimed at bolstering economic development in Canada.
The first, the Free Trade and Labour Mobility in Canada Act, stipulates that goods or services that meet provincial or territorial requirements are considered to meet comparable federal requirements that pertain to the movement of those goods or services.2 The legislation also allows holders of provincial credentials to practise certain occupations to obtain the corresponding federal credentials.3
The second, the Building Canada Act (the Act), streamlines the regulatory approval process for infrastructure projects of national importance. The update will focus on this piece of legislation.
The Act allows the federal cabinet to, on the recommendation of the minister, classify certain infrastructure projects as being in the national interest,4 and place such projects on a list in Schedule 1 of the Act (the List). Before placing a project on the List, cabinet must:5
The Act includes a non-exhaustive list of factors the cabinet may consider when deciding whether to place a project on the List, namely whether the project will: 7
Once a project is placed on the List, the project is deemed to be in the national interest (a National Interest Project) and to have every favorable determination, opinion, and finding it requires to be granted any applicable permit, licence, or approval (each an Authorization) required by certain prescribed acts and regulations set out in Schedule 2 of the Act needed to carry out the project.8 Notwithstanding, the proponent still must submit an application for each applicable Authorization to the appropriate agency, provide all required information, and pay any applicable fees.9
After a National Interest Project has been placed on the List, the minister must issue to the proponent a document (Document) that enumerates all the Authorizations that the project would normally require to proceed, with the Document acting as a substitute for each Authorization.10 Before the Document is issued, the minister must: 11
For projects governed by the Nuclear Safety and Control Act and the Canadian Energy Regulator Act, the minister must obtain confirmation from each applicable regulatory body that the project will not compromise public safety.12
The Act allows proponents to streamline the approval process for projects that would fall under the purview of the Impact Assessment Act (IAA). The Act stipulates Sections 9 to 17 of the IAA (the IAA-specific Indigenous consultation, addressing of issues, the detailed project description), no longer apply to National Interest Projects.13 The overall effect is that an impact assessment for National Interest Projects designated under the IAA will proceed, albeit without the planning phase, and with any decisions under Section 60 or 62 of the IAA being deemed to be made in support of the project.14 As well, the timelines set out in section 18(1) of the IAA do not apply, per Section 19 of the Act.15
The Act gives the cabinet powers to modify the applicability of legislation that may govern National Interest Projects.
Section 21 allows the cabinet to alter the list of legislation in Schedule 2 to the Act, provided that certain acts, including the Criminal Code, the Access to Information Act, and the Indian Act, may not be added.16
Section 22 allows the cabinet, acting on the recommendation of the relevant minister for a given piece of legislation listed in Schedule 2, to vary or exempt a National Interest Project from the application of that legislation.17
There are limited timelines embedded within the Building Canada Act, as follows:
The Act is silent on the timeline within which the minister must issue the Document for a project after it has been placed on the List. However, a policy goal of the Act is to shorten the approval process of national interest projects to two years.22
The authors would like to thank Isaiah Martin, articling student, for his contribution to preparing this legal update.
Free Trade and Labour Mobility in Canada Act S. 10
Building Canada Act S. 6(2)
Building Canada Act S. 7(2)
Building Canada Act Ss. 13, 14, 17, and 18
Building Canada Act S. 19
Building Canada Act S. 6(1)
Building Canada Act S. 21
Building Canada Act S. 22
Building Canada Act S. 5(10)
Building Canada Act S. 8.1(1)
Building Canada Act S. 7(2.1)
Building Canada Act S. 7(10)
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