Authors: Jalissa Boucher & Joshua Cugini

Over the last few decades, Canada has engaged with international partners to implement various obligations and treaty commitments aimed at environmental protection, including the Paris Agreement and the Agreement on EnvironmentalCooperation (which is part of the Canada-United States-Mexico Agreement or “CUSMA”). As a party to such legal instruments, Canada assumes obligations not only to its own citizens and Indigenous peoples, but extends its obligations to other state parties. Upholding the spirit of and complying with international obligations is fundamental to Canada’s global reputation, international partnerships, and creates a stable environment for economic prosperity and diplomacy. However, new legislation for fast-tracking major projects that was introduced last year undermines the spirit of these commitments.

The Building Canada Act: An Attack on Environmental Law

The Building Canada Act, enacted in the wake of President Trump’s tariffs and threats to Canada’s sovereignty, forms a central part of federal efforts to create a stronger, more resilient and competitive economy. Specifically, the Act enables the federal Cabinet to designate and expedite national interest projects, which will include major infrastructure projectsand critical mineral developments.

To expedite national interest projects, the Act introduces measures to streamline federal regulatory assessments and authorizations of projects (e.g., permits). For instance, if appropriate recommendation is given, section 22 of the Act enables the Cabinet to make regulations exempting national interest projects from laws listed in Schedule 2 of the Act and/or changing how they apply to projects. Thus, all assessment/authorization requirements under laws listed in Schedule2—such as permitting requirements for projects likely to cause the death of fish or harm to fish habitat under section 35.1of the Fisheries Act—could be avoided by or modified for a project. Notably, section 21 also empowers the Cabinet to make changes to the list of federal laws in Schedule 2, with some exceptions.

Canada’s International Commitments

As a signatory to the Paris Agreement on Climate Change, Canada formally committed to undertaking and communicating ambitious efforts to reduce global greenhouse gas emissions, contributing to a global peaking of emissions as soon as possible, and achieving rapid reductions thereafter (See Articles 3 & 4). While the Paris Agreement establishes obligations on all parties, it does recognize that such obligations differ depending on parties’ economic situations. This mutual understanding between parties emphasizes the economic challenges faced by ‘developingcountries’ while minimizing the precarious economic situation currently confronting Canada. Consequently, Canada cannot consider itself exempt from its treaty obligations due to its advanced institutional and technological capabilities, as well as commitments made by previous government administrations.

Similarly, under the Agreement on Environmental Cooperation, a side agreement to CUSMA, Canada committed itself to strengthening cooperation related to compliance with, and enforcement of, environmental laws and regulations as a means to promote mutually supportive trade and environmental policies. Amid the current economic and political uncertainty unfolding in and between CUSMA partners, Canada has struggled to prevent other parties from wavering on their treaty commitments. Straining relations between CUSMA partners, as well as the Act’s emphasis on domestic infrastructure and resource extraction needs inherently weakens Canada’s credibility, especially as the United States has taken similar legislative and regulatory action.

The Building Canada Act Undermines Federal Environmental Protections

Although the federal government states that the law will protect the environment while expediting projects, sections 22and 21 of the Act arguably degrade federal environmental protection.

To begin, consider that Schedule 2 of the Act contains what professors David V. Wright and Martin Olszynski describe as “many of Canada’s most important environmental laws”, like the Fisheries Act. It follows that section 22 of the Act allow Cabinet to exempt national interest projects from such environmentally significant laws or alter how they apply to the projects, thereby weakening the scope and protective power of these laws. Section 21 thereby represents a further threat to environmental law, should it be used to add more environmental legislation—like the Canada Wildlife Act—to Schedule 2.

Carbon-intensive infrastructure projects streamlined and authorized by the Act, such as the building of another bitumenpipeline to the Pacific coast, would only further rollback Canada’s progress and promises and represents an unfortunate backstep in federal environmental protection. These concerns are compelling considering that Canada is on track to fall well below its legally binding climate target.

While the Building Canada Act’s implementation aimed to strengthen Canadian autonomy and resilience by providing economic growth and development, framing the country’s economic pressures as justification for weakening environmental protections undermines the cooperative spirit and objectives on which international environmental agreements depend. Compliance with international and environmental treaty commitments is not just a matter of effective domestic policy but a fundamental factor in maintaining a reputation as a global and climate leader.