Projeto de Lei C-39: Os povos indígenas precisam agir agora

Bill C-39, the Building Canada Strong Act, was introduced by the federal government on September 21st, 2026. It represents the latest development in the federal government’s broader efforts to accelerate the approval and construction of major projects across so-called Canada. The legislation proposes significant changes to federal environmental assessment, permitting, Indigenous consultation, transportation, and labour frameworks. 

For Indigenous Peoples, decisions about how quickly a project is approved, and what governments consider meaningful consultation, can have very real consequences for our lands, waters, rights, and sovereignty. 

There is another reason to pay attention now: this legislation could move quickly. 

We have already seen this with Bill C-5, which moved through Parliament on an extremely short timeline. The bill was introduced on June 6, 2025, and received Royal Assent on June 26—just 20 days later. The First Nations Leadership Council stated that First Nations were given only seven days to respond to a high-level summary, rather than the full text of the bill. Bill C-39 could follow a similarly accelerated legislative process, despite its significant implications Indigenous communities should not have to wait until legislation is passed to have their concerns heard.

Updates from C-5 to C-39

Following Bill C-5, the federal government launched its Getting Major Projects Built in Canada discussion paper in May of 2026, proposing broader changes to Canada’s regulatory system for major projects. The consultation considered changes to federal impact assessments, permitting, Crown consultation, and regulatory decision-making, with the stated goal of accelerating project approvals.

Bill C-39 builds on this work while significantly expanding the federal government’s approach to fast-tracking major projects.

Bill C-5 established a new framework for identifying “projects of national interest” and streamlining federal approvals, while also laying the foundation for the Major Projects Office. Bill C-39 proposes further changes to the Building Canada Act, including removing its original five-year sunset clause. This would make the Act’s project-approval framework permanent. 

Bill C-39 would also change how certain major projects are assessed. For pipelines, power transmission lines, and certain offshore renewable energy projects regulated by the Canada Energy Regulator (CER), the CER would lead the assessment rather than using the current integrated review panel process with the Impact Assessment Agency of Canada (IAAC).The legislation would also introduce “Regions of National Interest.” Following a regional impact assessment, the Cabinet could designate an entire geographic area as a Region of National Interest, creating a framework intended to accelerate future projects within that region.

At the centre of Bill C-39 is the federal government’s “one project, one decision, in one year” approach. Rather than federal assessments and permitting processes happening one after another, departments would conduct them concurrently, with the goal of issuing federal decisions within one year after a proponent submits a comprehensive application and all required information.

Importantly, this approach is not limited to Bill C-39. On September 21, the federal government also issued the Cabinet Directive on Getting Projects Built in Canada. Separate from the legislation, the directive instructs federal departments and agencies to structure regulatory reviews so that decisions can be made within one year after a proponent submits a comprehensive application and the required information and studies.

This means that even while Bill C-39 moves through Parliament, the federal government’s broader approach to accelerating project reviews is already being implemented administratively.

Risks and threats to Indigenous self-determination

For Indigenous Peoples, the concern is not simply whether projects move faster, but what accelerated timelines could mean for our ability to meaningfully participate in decisions affecting our lands, waters, rights, and futures. 

The federal government maintains that Bill C-39 will uphold Indigenous rights and create more coordinated Crown consultation. However, accelerating project assessments and approvals raises serious questions about whether Indigenous Nations will have sufficient time, resources, and capacity to assess proposed projects, engage their communities, consider impacts, and participate in meaningful consultation and decision-making.

Free, Prior and Informed Consent (FPIC), as affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), requires more than simply being consulted within a government-imposed timeline. Indigenous communities must have meaningful opportunities to participate in decisions that affect our rights, lands, territories, and resources.

Bill C-39 proposes significant changes across federal environmental and regulatory frameworks. These include:

  • allowing certain preparatory project work to begin before an impact assessment decision is complete, where the Minister determines that doing so is in the public interest;

  • changing requirements and decision-making processes under legislation including the Impact Assessment Act, Species at Risk Act and Fisheries Act;

  • requiring multiple federal assessment and permitting processes to proceed concurrently in order to meet accelerated timelines; and

  • expanding federal mechanisms intended to accelerate major projects, including through proposed Regions of National Interest.

Taken together, these changes raise an important question: How can Indigenous Peoples exercise meaningful decision-making authority when the system itself is being redesigned around speed?

We have already seen concerns about compressed timelines in the development of Bill C-5. The First Nations Leadership Council stated that First Nations were given only seven days to respond to a high-level summary of the proposed legislation rather than the full text of the bill.

Consultation cannot simply become another box to check on the way to a faster project approval.

Indigenous Peoples must have the time, information, resources, and capacity required to understand potential impacts and make informed decisions about projects affecting our territories. Economic participation cannot replace consent, nor should “economic reconciliation” be used as a substitute for Indigenous jurisdiction, sovereignty, and self-determination.

Act Now. Make Your Voice Heard.

  • Contact your local Member of Parliament. Urge them to address concerns with Bill C-39, particularly its potential impacts on environmental protections, Indigenous rights, and consultation processes. 

  • Inform your community. Share information about Bill C-39 and raise awareness about its potential implications for Free, Prior, and Informed Consent (FPIC), Indigenous sovereignty, and environmental protections. 

  • Demand meaningful engagement with First Nations. Call on Prime Minister Mark Carney and the federal government to provide First Nations leaders with sufficient time to review the legislation, raise concerns, and propose binding amendments. 

  • Uphold Indigenous consent. Demand clarity on how Indigenous consultation and consent will influence project approvals. Call for Bill C-39 to explicitly uphold the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and establish Free, Prior, and Informed Consent as a binding requirement for projects affecting Indigenous lands and rights. 

  • Demand transparency and accountability. Call on the federal government to clearly define how projects are determined to be in the “national interest,” including how Indigenous rights, environmental impacts, and climate change are considered.

  • Protect environmental assessment processes. Demand thorough, independent environmental impact assessments with timelines that allow for meaningful review, Indigenous participation, and proper consideration of long-term environmental and climate impacts before projects are approved.

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