RC119 JulyAugust 2025 - Magazine - Page 13
Ultimately, the federal government is responsible for protecting the
interests of the country as a whole. In challenging economic times, this
may require it to assert increased leadership. This can occur in two distinct ways. First, for projects that are already interprovincial in nature
(or that otherwise fall within federal jurisdiction, such as airports and
shipping ports), the federal government may need to more con昀椀dently
assert its jurisdiction to reduce the burden and delay of local approval
processes. Permitting entities with broad powers under statutes like
the Canada Transportation Act, can, for example, exercise those powers to
fast-track projects of unusual importance.
But the federal government also has plenary powers that can be
exercised in the right circumstances. One example is the power to
declare any work to be “for the general advantage of Canada” under
section 92(10)(c) of the Constitution. When Parliament explicitly
declares a work to have this attribute, the federal government assumes
exclusive jurisdiction over the regulation and approval of that work.
This section has been used nearly 500 times over the years, mostly in
relation to local rail projects. A wide variety of other infrastructure
projects have also been declared “for the general advantage of
Canada”, including bridges, dams, wharves, mines and oil re昀椀neries
and factories.
Other tools that might be used include the residual power under the
constitution to make laws under the “national concern” branch of “the
Peace Order and good Government of Canada”, and the legislative
power under the federal Emergencies Act (which replaced the War
Measures Act). The latter was suggested in a recent Open Letter to
Federal Leaders by Canadian Oil and Gas Companies, which noted:
“By declaring a Canadian energy crisis and key projects in the “national interest”, the federal government will be able to use all its available
emergency powers to ensure that the dramatic regulatory restructuring
required to expand the oil and natural gas sector is rapidly achieved”.
Recent case law emerging from the Trucker Convoy of 2022 reinforces
the high threshold that must be met before the federal government can
employ its national emergency powers. Whether that threshold would be
met in the current circumstances remains to be seen.
5. INDIGENOUS INVOLVEMENT
Mobilizing the support and participation of Indigenous communities
would strengthen some of Canada’s most important relationships and
would be critical to e昀케ciently developing certain national priority projects. Indigenous communities across Canada have shown their interest
and willingness to be involved in large project development, which
would help to unlock projects that reinforce Canada’s national interests.
Further, on past large-scale projects, multiple government agencies conducting parallel Indigenous consultation and accommodation exercises
and parallel determinations of the discharge of the duty to consult, have
caused confusion and delays. Simplifying and enhancing that process for
national priority projects should be a top priority.
The current trade dispute has been characterized as an existential
threat. It is also a once-in-a-generation nation-building opportunity. We
think Canada can seize the moment by accelerating national priority
projects through new trade corridors or zones, expedited regulatory
approvals, clear governmental leadership and mobilizing the support and
participation of Indigenous communities across the country.
Learn
more
Development of the Norwood Acute Care Center in Edmonton
enhancing long-term and post-acute care services
BY THINKING
DIFFERENTLY,
we are engineering
the future of care.
At CIMA+, we design
hospitals and healthcare
facilities with patient
wellbeing and sta昀昀 needs
in mind, while minimizing
environmental impact
and facilitating long-term
maintenance of vital
infrastructure assets.
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