Critics Warn Canada's New Bill C-39 May Dismantle Environmental Safeguards
Canada's new Building Canada Strong Act (Bill C-39), introduced to accelerate economic projects amid threats from U.S. President Donald Trump, faces criticism for potentially weakening environmental protections. The bill allows preliminary construction permits before impact assessments are complete and makes permanent powers to exempt projects from regulations. While the government insists safeguards remain intact, opponents argue the legislation prioritizes speed over ecological safety.
Prime Minister Mark Carney has stated that Bill C-39 contains measures designed to get projects moving faster in the face of major threats to Canada's economy from U.S. President Donald Trump. Government House Leader Steven MacKinnon described the bill as one of the most important pieces of economic legislation in a generation, with the specific purpose of making project decisions within one year.
However, critics and environmental experts warn that the legislation may dismantle key environmental safeguards. Bill C-39 contains more than 300 clauses that amend more than a dozen separate pieces of federal legislation, including laws protecting species at risk, water quality, fisheries, and the Labour Code.
One of the most contentious provisions allows Ottawa to grant permits for preliminary construction before the Impact Assessment Agency of Canada completes its work. This is permitted if the environment minister considers these activities "enabling" and in the "public interest." Environment and Climate Change Minister Julie Dabrusin insisted that the government is not rolling back environmental regulations, but opponents argue this approach prioritizes speed over ecological safety.
The bill also makes permanent sweeping powers previously established in the Building Canada Act (Bill C-5). These powers allow Ottawa to exempt certain projects deemed in the national interest from various environmental regulations and acts of Parliament. The original sunset clause, which limited these powers to five years, was removed by Bill C-39. Consequently, Alberta's West Coast pipeline and the Robert Banks Terminal 2 port expansion in British Columbia are on track to obtain exemption treatment under these permanent powers.
Furthermore, Bill C-39 expands the concept of a "project of national interest" to create entire "regions of national interest." This grants cabinet broad authority to approve future activities after an environmental assessment of the region. Critics have termed these areas "sacrifice zones," where projects could be rubber-stamped without thorough scrutiny. An environmental assessment is currently underway for the Ring of Fire, a mineral-rich area in northern Ontario, which could be designated as such a region. Similarly, a regional assessment has been completed for wind development offshore Nova Scotia, covering a 300,000-square-kilometre study area.
The legislation also alters oversight regarding water bodies. Ministers can now exempt water bodies from oversight concerning dumping materials or draining lakes, removing the requirement for federal cabinet approval. This raises concerns about the potential poisoning of lakes and rivers due to reduced oversight.
Regarding wildlife protection, while the "jeopardy test" in the Species at Risk Act remains intact, ministers can now consider "technical, economic and practical" factors when permitting construction in sensitive areas. Proposed changes to the Fisheries Act could allow projects to harm fish and fish habitat if protection is deemed not economic or practical, with compensation through an expanded fish habitat bank regime. Experts fear this could lead to ecosystem collapse and fishery closures.