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Bill C-5

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First Session, Forty-fifth Parliament,

3 Charles III, 2025

HOUSE OF COMMONS OF CANADA

BILL C-5
An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act
Reprinted as amended by the Standing Committee on Transport, Infrastructure and Communities as a working copy for the use of the House of Commons at Report Stage and as reported to the House on June 19, 2025

PRESIDENT OF THE KING’S PRIVY COUNCIL FOR CANADA AND MINISTER RESPONSIBLE FOR CANADA–U.‍S. TRADE, INTERGOVERNMENTAL AFFAIRS AND ONE CANADIAN ECONOMY
 
91231


RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act”.

SUMMARY

Part 1 enacts the Free Trade and Labour Mobility in Canada Act, which establishes a statutory framework to remove federal barriers to the interprovincial trade of goods and services and to improve labour mobility within Canada. In the case of goods and services, that Act provides that a good or service that meets provincial or territorial requirements is considered to meet comparable federal requirements that pertain to the interprovincial movement of the good or provision of the service. In the case of workers, it provides for the recognition of provincial and territorial authorizations to practise occupations and for the issuance of comparable federal authorizations to holders of such provincial and territorial authorizations. It also provides the Governor in Council with the power to make regulations respecting federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada.

Part 2 enacts the Building Canada Act, which, among other things,

(a) authorizes the Governor in Council to add the name of a project and a brief description of it to a schedule to that Act if the Governor in Council is of the opinion, having regard to certain factors, that the project is in the national interest;

(b) provides that determinations and findings that have to be made and opinions that have to be formed under certain Acts of Parliament and regulations for an authorization to be granted in respect of a project that is named in Schedule 1 to that Act are deemed to have been made or formed, as the case may be, in favour of permitting the project to be carried out in whole or in part;

(c) requires the minister who is designated under that Act to issue to the proponent of a project, if certain conditions are met, a document that sets out conditions that apply in respect of the project and that is deemed to be the authorizations, required under certain Acts of Parliament and regulations, that are specified in the document; and

(d) requires that minister, each year, to cause an independent review to be conducted of the status of each national interest project.

Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act
Short Title
1 

One Canadian Economy Act

PART 1 
Free Trade and Labour Mobility in Canada Act
Enactment of Act
2 

Enactment

An Act to promote free trade and labour mobility in Canada
Short Title
1 

Free Trade and Labour Mobility in Canada Act

Interpretation
2 

Definitions

3 

Act and regulations prevail

Purpose of Act
4 

Purpose

His Majesty
5 

Binding on His Majesty

Designation of Minister
6 

Order

Removal of Barriers
Goods and Services
7 

Application

8 

Goods

9 

Services

Labour Mobility
10 

Recognition

Regulations
11 

Governor in Council

Limitation of Liability
12 

Acts done in good faith

Review of Act
13 

Review and report

Coming into Force
3 

Order in council

PART 2 
Building Canada Act
Enactment of Act
4 

Enactment

An Act respecting national interest projects
Short Title
1 

Building Canada Act

Definitions
2 

Definitions

Designation of Minister
3 

Order

Purpose of Act
4 

Purpose

National Interest Projects
4.‍1 

National interest

5 

Power of Governor in Council

5.‍1 

Public Registry

6 

Deeming — favourable determinations, findings and opinions

7 

Duty to issue document

8 

Power to amend conditions

8.‍1 

Information available to public

9 

Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)

10 

Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)

Nuclear Safety and Control Act
11 

Consultation — subsection 7(1)

12 

Consultation — subsections 8(1) and (2)

13 

Limit — subsection 7(1)

14 

Limit — subsections 8(1) and (2)

Canadian Energy Regulator Act
15 

Consultation — subsection 7(1)

16 

Consultation — subsections 8(1) and (2)

17 

Limit — subsection 7(1)

18 

Limit — subsections 8(1) and (2)

Impact Assessment Act
19 

Non-application of certain provisions

Office
20 

Role

Amendment to Schedule 2
21 

Add, amend or delete

Regulations
22 

Regulations — enactment

23 

Regulations — this Act

Annual Report
23.‍1 

Review : national interest project

Review of Act
24 

Review by Parliamentary Review Committee

SCHEDULE 


1st Session, 45th Parliament,

3 Charles III, 2025

HOUSE OF COMMONS OF CANADA

BILL C-5

An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the One Canadian Economy Act.

PART 1 
Free Trade and Labour Mobility in Canada Act

Enactment of Act

Enactment

2 The Free Trade and Labour Mobility in Canada Act is enacted as follows:

An Act to promote free trade and labour mobility in Canada
Preamble

Whereas the Government of Canada intends to remove federal exceptions under the Canadian Free Trade Agreement;

Whereas the Government of Canada wishes to continue to work with provinces and territories towards establishing a national system of mutual recognition in which a good, service or worker that meets the requirements of one Canadian jurisdiction would be recognized as meeting the requirements of all;

And whereas Parliament is committed to strengthening the Canadian economy by

improving labour mobility within Canada, and

making it easier for businesses and Canadians to buy Canadian goods and services through the removal of federal barriers to the interprovincial movement of goods and provision of services, while continuing to protect the health, safety and security of Canadians, their social and economic well-being and the environment;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title
Short title
1 This Act may be cited as the Free Trade and Labour Mobility in Canada Act.
Interpretation
Definitions
2 The following definitions apply in this Act.

federal regulatory body means

  • (a) in relation to a good or service,

    • (i) a body that is empowered under an Act of Parliament to regulate the good or service, or

    • (ii) a body designated by the regulations that regulates the good or service; and

  • (b) in relation to an occupation,

    • (i) a body that is empowered under an Act of Parliament to issue authorizations to practise the occupation, or

    • (ii) a body designated by the regulations that issues authorizations to practise the occupation.‍ (organisme de réglementation fédéral)

federal requirement means a requirement established under an Act of Parliament or by a federal regulatory body.‍ (exigence fédérale)

Minister means the member of the King’s Privy Council for Canada designated under section 6.‍ (ministre)

provincial or territorial regulatory body means

  • (a) in relation to a good or service,

    • (i) a body that is empowered under an Act of the legislature of a province or territory to regulate the good or service, or

    • (ii) a body designated by the regulations that regulates the good or service; and

  • (b) in relation to an occupation,

    • (i) a body that is empowered under an Act of the legislature of a province or territory to issue authorizations to practise the occupation, or

    • (ii) a body designated by the regulations that issues authorizations to practise the occupation.‍ (organisme de réglementation provincial ou territorial)

provincial or territorial requirement means a requirement established under an Act of the legislature of a province or territory or by a provincial or territorial regulatory body.‍ (exigence provinciale ou territoriale)

Act and regulations prevail
3 The provisions of this Act and the regulations made under it prevail over the provisions of any other Act of Parliament and any regulations made under any other Act of Parliament to the extent of any conflict between them.
Purpose of Act
Purpose
4 The purpose of this Act is to promote free trade and labour mobility by removing federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada while continuing to protect the health, safety and security of Canadians, their social and economic well-being and the environment.
His Majesty
Binding on His Majesty
5 This Act is binding on His Majesty in right of Canada.
Designation of Minister
Order
6 The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.
Removal of Barriers
Goods and Services
Application
7 Sections 8 and 9 apply in respect of a federal requirement only if the federal requirement pertains to

  • (a) a good or service that is also subject to a provincial or territorial requirement; and

  • (b) the interprovincial movement of the good or provision of the service.

Goods
8 (1) Subject to the regulations, a good produced, used or distributed in accordance with a provincial or territorial requirement is considered to meet any comparable federal requirement.
Comparable requirements
(2) For the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only if

  • (a) the requirements are in respect of the same aspect or element of the good;

  • (b) the requirements are intended to achieve a similar objective; and

  • (c) any conditions set out in the regulations are met.

Decision
(3) The federal regulatory body responsible for the administration and enforcement of a federal requirement may decide, in accordance with subsection (2), whether a provincial or territorial requirement is comparable to the federal requirement.
Services
9 (1) Subject to the regulations, a service provided in accordance with a provincial or territorial requirement is considered to meet any comparable federal requirement so long as the provincial or territorial requirement continues to apply to the service provider.
Comparable requirements
(2) For the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only if

  • (a) the requirements are in respect of the same aspect or element of the service;

  • (b) the requirements are intended to achieve a similar objective; and

  • (c) any conditions set out in the regulations are met.

Decision
(3) The federal regulatory body responsible for the administration and enforcement of a federal requirement may decide, in accordance with subsection (2), whether a provincial or territorial requirement is comparable to the federal requirement.
Labour Mobility
Recognition
10 Subject to the regulations, a federal regulatory body must

  • (a) recognize an authorization to practise an occupation issued by a provincial or territorial regulatory body as comparable to an authorization that the federal regulatory body may issue to practise that occupation; and

  • (b) on application by the holder of such a provincial or territorial authorization, issue them an authorization to practise that occupation.

Regulations
Governor in Council
11 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada, including regulations

  • (a) providing for exceptions to subsection 8(1) or 9(1) or section 10;

  • (b) imposing obligations, prohibitions, conditions and restrictions for the purposes of any of sections 8 to 10;

  • (c) respecting, for the purposes of subsections 8(2) and 9(2), the meaning of the expressions “same aspect or element” and “achieve a similar objective” or any term used in those expressions;

  • (d) respecting the meaning of the term “authorization” for the purposes of this Act;

  • (e) respecting any transitional matters arising from the coming into force of this Act or of any amendments to it; and

  • (f) respecting anything that by this Act is to be provided for by the regulations.

Consultation
(2) Before recommending a regulation to the Governor in Council under paragraph (1)‍(a) in relation to a federal requirement or authorization, the Minister must consult the federal regulatory body responsible for the administration and enforcement of the federal requirement or for the issuance of the authorization.
Limitation of Liability
Acts done in good faith
12 (1) Despite any other Act of Parliament, no civil action lies against His Majesty, a servant or agent of the Crown or a federal regulatory body in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the course of applying section 8, 9 or 10 or any regulations made for the purposes of any of those sections, including anything in relation to whether provincial or territorial requirements are comparable to federal requirements and the recognition and issuance of authorizations to practise an occupation.
For greater certainty
(2) For greater certainty, subsection (1) does not apply in respect of applications for judicial review or to proceedings under Chapter Ten of the Canadian Free Trade Agreement.
Review of Act
Review and report
13 Within five years after the day on which this Act comes into force, the Minister must complete a review of this Act and its operation and cause a report on the review to be laid before each House of Parliament.

Coming into Force

Order in council

3 The Free Trade and Labour Mobility in Canada Act comes into force on a day to be fixed by order of the Governor in Council.

PART 2 
Building Canada Act

Enactment of Act

Enactment

4 The Building Canada Act, whose text is as follows and whose Schedules 1 and 2 are set out in the schedule to this Act, is enacted:

An Act respecting national interest projects
Preamble

Whereas Parliament recognizes that it is in the interests of Canada’s economy, sovereignty and security, including its energy security, to urgently advance projects throughout Canada, including in the North, that are in the national interest, including projects that

foster the development of economic and trade corridors,

connect different parts of the country and get goods to market,

strengthen Canada’s ability to trade,

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create good-paying, unionized jobs, and

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enhance the development of Canada’s natural resources as well as its energy production and infrastructure;

Whereas the Government of Canada is committed to working in partnership with provincial, territorial and Indigenous governments and Indigenous peoples;

Whereas the Government of Canada is committed to respecting the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the rights set out in the United Nations Declaration on the Rights of Indigenous Peoples;

Whereas the Government of Canada is committed to upholding rigorous standards with respect to environmental protection;

And whereas Parliament affirms the need for projects that are in the national interest to be advanced through an accelerated process that enhances regulatory certainty and investor confidence;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title
Short title
1 This Act may be cited as the Building Canada Act.
Definitions
Definitions
2 The following definitions apply in this Act.

authorization means, in respect of a national interest project, an approval or other decision, or a permit, licence, regulation or other document or instrument, that is required, by a provision of an enactment or, if a portion of an enactment is listed in column 2 of Part 1 or Part 2 of Schedule 2, by that portion of the enactment, to permit the project to be carried out, in whole or in part.‍ (autorisation)

enactment means an Act of Parliament listed in column 1 of Part 1 of Schedule 2 or a regulation listed in column 1 of Part 2 of that Schedule.‍ (texte législatif)

Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones)

Minister means the member of the King’s Privy Council for Canada designated under section 3.‍ (ministre)

national interest project means a project named in Schedule 1.‍ (projet d’intérêt national)

Start of inserted block

Parliamentary Review Committee means the committee referred to in subsection 62(1) of the Emergencies Act.‍ (comité d’examen parlementaire)

End of inserted block
Designation of Minister
Order
3 The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.
Purpose of Act
Purpose
4 The purpose of this Act is to enhance Canada’s prosperity, national security, economic security, national defence and national autonomy by ensuring that projects that are in the national interest are advanced through an accelerated process that enhances regulatory certainty and investor confidence, while protecting the environment and respecting the rights of Indigenous peoples.
National Interest Projects
National interest
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4.‍1 (1) The Governor in Council may, by order, for the purposes of section 5, define national interest.
End of inserted block
Criteria
Start of inserted block
(2) In order to promote transparency and predictability, an order made under subsection (1) must set out specific criteria that must be met by the proponent of a project in order for the project to be found to be in the national interest.
End of inserted block
Report
Start of inserted block
(3) If an order is not made within 15 days after the day on which this Act comes into force, the Minister must, within five sitting days of the end of that period, cause to be tabled in each House of Parliament a report that sets out the reasons for the delay and the expected timeline for the making of the order.
End of inserted block
Power of Governor in Council
5 (1) If the Governor in Council is of the opinion that a project is in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to add the name of the project and a Insertion start detailed Insertion end description of it, including the location where it is to be carried out.
Publication and consent of province
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(1.‍1) Before adding the name of a project to Schedule 1, the Governor in Council must cause a notice of 30 days, that includes the name and description of the project, to be published in the Canada Gazette and must consult with the government of the province in which the project will be carried out, and obtain its written consent if the project falls within areas of exclusive provincial jurisdiction.
End of inserted block
Limit
(2) The Governor in Council is not authorized to make an order under subsection (1) Insertion start while Parliament is prorogued or dissolved or Insertion end after the fifth anniversary of the day on which this section comes into force.
Amendment
(3) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to amend the name or the description of a national interest project.
Deletion
(4) If the Governor in Council is of the opinion that a project named in Schedule 1 is no longer in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend that Schedule to delete the name and the description of the project.
Limit
(5) The Governor in Council is not authorized to make an order under subsection (4) in respect of a national interest project after a document is issued in respect of the project under subsection 7(1).
Factors
(6) In deciding whether to make an order under subsection (1) or (4) in respect of a project, the Governor in Council may consider any factor that the Governor in Council considers relevant, including the extent to which the project can

  • (a) strengthen Canada’s autonomy, resilience and security;

  • (b) provide economic or other benefits to Canada;

  • (c) have a high likelihood of successful execution;

  • (d) advance the interests of Indigenous peoples; and

  • (e) contribute to clean growth and to meeting Canada’s objectives with respect to climate change.

Conditions — conflict of interest
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(6.‍1) Before recommending that an order be made under subsection (1), the Minister must be satisfied that

  • (a) the proponent of the project, or any director, officer or significant shareholder of the proponent, has not been found to have committed a violation under the Conflict of Interest Act and is not the subject of an ongoing proceeding in respect of a violation under that Act; and

  • (b) every reporting public office holder, as defined in section 2 of that Act, who could be in a conflict of interest in relation to the proponent of the project has recused themselves under that Act to avoid the conflict.

    End of inserted block
Consultation
(7) Before recommending that an order be made under any of subsections (1), (3) and (4), the Minister must consult with any other federal minister and any provincial or territorial government that the Minister considers appropriate and with Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the order relates.
Statutory Instruments Act
(8) The Statutory Instruments Act does not apply to an order made under subsection (1), (3) or (4).
Publication in Canada Gazette
(9) An order made under subsection (1), (3) or (4), and the reasons for it, must be published in the Canada Gazette as soon as feasible after it is made.
Publication in registry
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(10) Within 30 days after an order is made under subsection (1), details of the project in respect of which the order is made must be published in the registry established under section 5.‍1.
End of inserted block
Public registry
Start of inserted block
5.‍1 (1) The Minister must establish and maintain a public registry of national interest projects that is made accessible to the public through the Internet.
End of inserted block
Content of registry
Start of inserted block
(2) The Minister must include in the registry in respect of each project

  • (a) a detailed description of the project and the reasons why it is in the national interest;

  • (b) the extent to which the project is expected to meet the outcomes set out in paragraphs 5(6)‍(a) to (d);

  • (c) detailed cost estimates; and

  • (d) the estimated timelines for completion of the project.

    End of inserted block
Deeming — favourable determinations, findings and opinions
6 (1) Every determination and finding that has to be made and every opinion that has to be formed in order for an authorization to be granted in respect of a national interest project is deemed to be made or formed, as the case may be, in favour of permitting the project to be carried out in whole or in part.
Clarification
(2) Subsection (1) does not exempt the proponent of a project from the requirement to take all measures that they are required to take, under an enactment, in respect of an authorization.
Limit
(3) An authorization is not to be granted solely on the basis of the deeming provision in subsection (1).
Duty to issue document
7 (1) The Minister must issue to the proponent of a national interest project a document that is deemed to be each authorization that is specified in the document in respect of the project.
Conditions to issuing document
(2) Before a document is issued under subsection (1),

  • (a) the Minister must be satisfied that the proponent has taken all measures, including providing any information and paying any fees, that the proponent is required to take in respect of each authorization that is specified in the document;

  • (b) the Minister must consult the minister who is responsible for the enactment under which each authorization is required with respect to the conditions that should be set out in the document;

  • Start of inserted block

    (b.‍1) the Minister must undertake a national security review for all state-owned or foreign investments from hostile countries in any national interest project;

    End of inserted block

  • (c) Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the document relates must be consulted; and

  • Start of inserted block

    (d) the Minister must be satisfied that, with regard to any foreign investments in the project, all necessary measures have been taken to protect national security interests.

    End of inserted block
Participation of Indigenous peoples and report
Start of inserted block
(2.‍1) For the purposes of consultations required under paragraph (2)‍(c), the Minister must ensure that a process is established that allows for the active and meaningful participation of the affected Indigenous peoples and that a report of the consultation process and results is made available to the public within 60 days after the day on which a document is issued under subsection (1).
End of inserted block
Deeming
(3) With respect to each authorization that is specified in it, the document is deemed to be the authorization issued under the enactment under which the authorization is required and to meet all of the requirements, under any enactment, that relate to the issuance of the authorization.
For greater certainty
(4) For greater certainty, any powers that may be exercised and any duties and functions that may be performed in relation to an authorization that is specified in the document may be exercised or performed in relation to an authorization that is deemed to be issued in accordance with subsection (3).
Conditions
(5) The document must set out the conditions that apply with respect to each authorization that is specified in it. The conditions set out in the document with respect to each authorization are deemed to be conditions imposed under the enactment under which the authorization is required.
Subject matter of conditions
(6) The conditions set out in the document with respect to each authorization must be conditions that could have been imposed under the enactment under which the authorization is required, taking into account subsection 6(1).
Statutory Instruments Act
(7) The Statutory Instruments Act does not apply to the document.
Document available to public
(8) The document, including any amendments to it, must be made available to the public in the manner determined by the Minister.
Documents and information to be made public
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(9) All documents and information used to issue the document must also be made public.
End of inserted block
Expiry
Start of inserted block
(10) If the national interest project has not been substantially started within five years of the issuance of the document, the document expires.
End of inserted block
Power to amend conditions
8 (1) The Minister may amend any condition that is set out in a document issued under subsection 7(1).
Power to add authorizations and conditions
(2) The Minister may amend a document issued under subsection 7(1) to specify additional authorizations and set out conditions in respect of each additional authorization, in accordance with section 7.
Consultation
(3) Before amending a condition or document under subsection (1) or (2), the Minister must consult with

  • (a) the minister who is responsible for the enactment under which each authorization to which the amendment relates is required; and

  • (b) Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the amendment.

Limit
Start of inserted block
(4) The Minister is not authorized to amend a condition under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force.
End of inserted block
Information available to public
Start of inserted block
8.‍1 (1) When the Minister establishes the conditions for issuing the document that is deemed to be each authorization that is specified in the document in respect of a national interest project under section 7, the Minister must make public

  • (a) all the conditions that apply to the project;

  • (b) the full contents of the studies and impact assessments conducted regarding the project;

  • (c) all the recommendations received from federal departments and agencies, provinces, territories and Indigenous peoples regarding the project;

  • (d) in an accessible written document, the reasons some of the recommendations were not accepted; and

  • (e) a description of the normal regulatory process that would have been followed if the project had not been designated as a national interest project.

    End of inserted block
Content — document under paragraph (1)‍(d)
Start of inserted block
(2) The document referred to in paragraph (1)‍(d) must include

  • (a) a comparative analysis of the conditions imposed and the recommendations received;

  • (b) an assessment of the risks of disregarding the recommendations that were not accepted; and

  • (c) any alternative mitigation measures implemented.

    End of inserted block
30 days to make information public
Start of inserted block
(3) The Minister must, not later than 30 days after the document referred to in section 7 is issued, make public the information set out in paragraphs (1)‍(a) to (e).
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Report
Start of inserted block
(4) The Minister must table a report containing the information set out in paragraphs (1)‍(a) to (e) in the House of Commons and, at the request of 10 or more members of the House, must appear, to explain their decisions in establishing the conditions, before the committee of Parliament designated or established for that purpose.
End of inserted block
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)
9 (1) Before issuing a document under subsection 7(1) in respect of a project to which the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Newfoundland and Labrador Offshore Energy Regulator with respect to the conditions that should be set out in the document.
Subsections 8(1) and (2)
(2) Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Newfoundland and Labrador Offshore Energy Regulator with respect to the amendment.
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)
10 (1) Before issuing a document under subsection 7(1) in respect of a project to which the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Nova Scotia Offshore Energy Regulator with respect to the conditions that should be set out in the document.
Subsections 8(1) and (2)
(2) Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Nova Scotia Offshore Energy Regulator with respect to the amendment.
Nuclear Safety and Control Act
Consultation — subsection 7(1)
11 Before issuing a document under subsection 7(1) in respect of a project to which the Nuclear Safety and Control Act applies, the Minister must consult with the Canadian Nuclear Safety Commission with respect to the conditions that should be set out in the document.
Consultation — subsections 8(1) and (2)
12 Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Nuclear Safety and Control Act applies, the Minister must consult with the Canadian Nuclear Safety Commission with respect to the amendment.
Limit — subsection 7(1)
13 The Minister is not authorized to issue a document under subsection 7(1) in respect of a project to which the Nuclear Safety and Control Act applies unless the Minister receives confirmation from the Canadian Nuclear Safety Commission that it is satisfied that issuing the document will not compromise the health or safety of persons, national security or the implementation of international obligations to which Canada has agreed.
Limit — subsections 8(1) and (2)
14 The Minister is not authorized to amend a condition or document under subsection 8(1) or (2) in respect of a project to which the Nuclear Safety and Control Act applies unless the Minister receives confirmation from the Canadian Nuclear Safety Commission that it is satisfied that the amendment will not compromise the health or safety of persons, national security or the implementation of international obligations to which Canada has agreed.
Canadian Energy Regulator Act
Consultation — subsection 7(1)
15 Before issuing a document under subsection 7(1) in respect of a project to which the Canadian Energy Regulator Act applies, the Minister must consult with the Commission of the Canadian Energy Regulator with respect to the conditions that should be set out in the document.
Consultation — subsections 8(1) and (2)
16 Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canadian Energy Regulator Act applies, the Minister must consult with the Commission of the Canadian Energy Regulator with respect to the amendment.
Limit — subsection 7(1)
17 The Minister is not authorized to issue a document under subsection 7(1) in respect of a project to which the Canadian Energy Regulator Act applies unless the Minister receives confirmation from the Commission of the Canadian Energy Regulator that it is satisfied that issuing the document will not compromise the safety or security of persons or regulated facilities, as defined in section 2 of that Act.
Limit — subsections 8(1) and (2)
18 The Minister is not authorized to amend a condition or document under subsection 8(1) or (2) in respect of a project to which the Canadian Energy Regulator Act applies unless the Minister receives confirmation from the Commission of the Canadian Energy Regulator that it is satisfied that the amendment will not compromise the safety or security of persons or regulated facilities, as defined in section 2 of that Act.
Impact Assessment Act
Non-application of certain provisions
19 If a national interest project is also a designated project, as defined in section 2 of the Impact Assessment Act, sections 9 to 17 and subsections 18(3) to (6) of that Act do not apply in respect of the project and, for the purposes of section 18 of that Act,

  • (a) the Impact Assessment Agency of Canada is deemed to have decided that an impact assessment, as defined in section 2 of that Act, of the project is required; and

  • (b) the time limit set out in subsection 18(1) of that Act does not apply in respect of the project.

Office
Role
20 An office may be established to coordinate the exercise of powers and the performance of duties and functions under this Act and the enactments with respect to projects that are in the national interest and to serve as a source of information and point of contact for the proponents of those projects. If an office is established, the Minister is responsible for it.
Amendment to Schedule 2
Add, amend or delete
21  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start Subject to subsection (2) Insertion end , the Governor in Council may, by order, amend Schedule 2 to add, amend or delete the name of an Act of Parliament or a regulation or the reference to a portion of an Act of Parliament or a regulation.
Exceptions
Start of inserted block
(2) The Governor in Council is not authorized to amend Schedule 2 to add the name of any of the following Acts of Parliament or of any regulation made under any of those Acts, or a reference to a portion of any of those Acts or regulations:

  • (a) the Access to Information Act;

  • (b) the Canada Elections Act;

  • (c) the Conflict of Interest Act;

  • (d) the Criminal Code;

  • (e) the Foreign Influence Transparency and Accountability Act;

  • (f) the Investment Canada Act;

  • (g) the Lobbying Act;

  • (h) the Official Languages Act;

  • (i) the Use of French in Federally Regulated Private Businesses Act;

  • (j) the Indian Act;

  • (k) the Auditor General Act;

  • (l) the Extractive Sector Transparency Measures Act;

  • (m) the Railway Safety Act;

  • (n) the Trade Unions Act;

  • (o) the Explosives Act; and

  • (p) the Hazardous Products Act.

    End of inserted block
Limit
Start of inserted block
(3) The Governor in Council is not authorized to make an order under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force.
End of inserted block
Regulations
Regulations — enactment
22  Insertion start (1) Insertion end  The Governor in Council may, on the recommendation of the minister responsible for an enactment, make regulations

  • (a) exempting one or more national interest projects from the application of any provision of that enactment or any provision of regulations made under that enactment; and

  • (b) varying the application of any provision referred to in paragraph (a) in relation to one or more national interest projects.

Limit
Start of inserted block
(2) The Governor in Council is not authorized to make regulations under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force.
End of inserted block
Regulations — this Act
23  Insertion start (1) Insertion end  The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act.
Limit
Start of inserted block
(2) The Governor in Council is not authorized to make regulations under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force.
End of inserted block Start of inserted block
Annual Report
End of inserted block
Review: national interest project
Start of inserted block
23.‍1 (1) Within 90 days after the end of each financial year, the Minister must cause an independent review to be conducted of the status of each national interest project that, in respect of each project, provides an assessment of the progress made on measurable outcomes, including in relation to timelines and budgets.
End of inserted block
Report on review
Start of inserted block
(2) The Minister must cause a report of the review to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
End of inserted block
Publication
Start of inserted block
(3) The Minister must publish the report on an Internet site that is available to the public within 10 days after the day on which it has been tabled in both Houses of Parliament.
End of inserted block
Review of Act
Review by Parliamentary Review Committee
24  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start The Parliamentary Review Committee is to review the Governor in Council’s and the Minister’s exercise of their powers and performance of their duties and functions under this Act and to report to each House of Parliament the results of its review at least once every 180 days while Parliament is neither prorogued nor dissolved. Insertion end
Review by Minister and report
Insertion start (2) Insertion end  Within five years after the day on which this Act comes into force, the Minister must complete a review of the provisions and operation of this Act and must cause a report on the review to be laid before Insertion start the Parliamentary Review Committee and Insertion end each House of Parliament.
Common good of Canada
Start of inserted block
(3) The review is to be based on the common good of Canada, assured in part by the pursuit of the objectives set out in section 4 relating to shared jurisdiction, public safety, national and international security, the quality of the environment, public health, transparency, public participation and the protection of the rights of Indigenous peoples and linguistic communities.
End of inserted block


SCHEDULE 

(Section 4)
SCHEDULE 1 
(Section 2 and subsections 5(1), (3) and (4))
National Interest Projects
Column 1
Column 2
Item
Name of Project
Description of Project
SCHEDULE 2 
(Sections 2 and 21)
PART 1 
Acts of Parliament
Column 1
Column 2
Item
Act of Parliament
Portion
1
Fisheries Act
2
[Deleted]
3
International River Improvements Act
4
National Capital Act
5
Canadian Navigable Waters Act
6
Dominion Water Power Act
7
Migratory Birds Convention Act, 1994
8
Canada Transportation Act
section 98
9
Canada Marine Act
10
Canadian Environmental Protection Act, 1999
Division 3 of Part 7
11
Species at Risk Act
12
Canadian Energy Regulator Act
subsection 186(1)
paragraph 262(1)‍(c)
13
Impact Assessment Act
PART 2 
Regulations
Column 1
Column 2
Item
Regulations
Portion
1
Migratory Bird Sanctuary Regulations
2
Dominion Water Power Regulations
3
Wildlife Area Regulations
4
Marine Mammal Regulations
5
Port Authorities Operations Regulations
sections 25 and 27
6
Metal and Diamond Mining Effluent Regulations
7
Migratory Birds Regulations, 2022
Published under authority of the Speaker of the House of Commons

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