A significant legislative shift is underway in both Ottawa and Queen’s Park, one that should command the attention of lawyers in environmental, Indigenous, and administrative law. Federal Bill C-5 and Ontario’s Bill 5 are united by a common objective to accelerate major projects in the name of national and provincial prosperity. However, the legal mechanisms they employ to achieve this speed are prompting serious questions about constitutional duties, procedural fairness, and the future of regulatory certainty.
The central strategy of both bills is the creation of fast-track lanes. This involves designating projects of “national interest” and establishing special economic zones for “trusted proponents.” Yet, the criteria for who qualifies as a trusted proponent remain notably ambiguous. This lack of clarity opens the door to potential challenges on the grounds of fairness and arbitrariness. Without transparent and objective standards, the selection process could be perceived as preferential, undermining confidence in the regulatory system.