Bringing investment in major projects back to Canada Bringing investment in major projects back to Canada

Reviewing past case law, depoliticizing the project approval process, and providing regulators with extended authority were among the recommendations made during the recent panel discussion: “No time to waste: what needs to change to get major projects and key infrastructure built in Canada?” held in Calgary.

The event was hosted by Sander Duncanson, Calgary Manager Partner and the panellists included Brad Gilmour, partner, and Co-Chair, Environmental Disputes, Investigations and Enforcement Group; Brad Wall, Special Advisor; and special guests Gitane De Silva, founder and Principal, GDStrategic and former CEO, Canada Energy Regulator; and Jeff Lawson, Executive Vice-President, Corporate Development and Chief Sustainability Officer, Cenovus Energy.

When reviewing what has gone wrong in the past with federal project approvals one can find the answers in the case law. Federal environmental legislation is among the most litigated legislation in Canadian history, and it is in these cases where past mistakes can be found. The problem is, when legislation is in the process of being changed, no one takes the time to go back to review the cases. This is essential if past mistakes are to be found and corrected. “We have done things so poorly for so long that we now have a long list of things we can easily fix,” says Brad Gilmour.

To help depoliticize the project approval process, it was suggested that legislation should be passed that provides a way for determining whether a project is in the national interest. By debating this upfront, the decision then becomes not whether to build something, but how to build it. “Whether government approval is at the front or back of the process, there is always the risk with major projects that government intervention can occur at any time for better or for worse,” says Brad Wall.

Panellists saw a need for a lifecycle regulator who can see a project from the beginning stages through to the end. When trying to move a project forward, a regulator can be slowed at various government levels. The regulator needs to have decision-making authority at all steps along the project approval process to speed up turnaround. “With major projects, there should be high level federal oversight not only with the review and approval process, but also with construction and operations down the road,” says Brad Gilmour.

Since the panel discussion, the Liberal government has introduced legislation that details how nation-building infrastructure projects will be identified and approved more quickly.

Watch the full panel discussion