Bill C‑5, passed by the Canadian federal government on June 26, 2025, formally titled the One Canadian Economy Act combines two major policy frameworks: the Free Trade and Labour Mobility in Canada Act and the Building Canada Act.1 Together, these are said to aim at eliminating internal trade barriers across provinces and territories, standardizing labour mobility, and granting the federal government the authority to fast-track major resource and infrastructure projects designated as being of national interest.1 While the government has framed the bill as essential for unlocking economic growth, improving competitiveness, and accelerating the development of critical infrastructure, Indigenous communities, environmental advocates, and legal experts have raised alarms about its implications for Indigenous rights, environmental protection, and the democratic oversight of development decisions.2

One of the most concerning aspects of Bill C‑5 for Indigenous peoples lies in the powers it grants to fast-track major developments through the designation of “National Interest Projects” (NIPs). Once a project is designated, the Minister must issue a Conditions Document, which acts as a blanket authorization for all necessary federal permits and approvals. While the Minister is required to consult with Indigenous communities whose rights may be affected, the law does not guarantee consent or provide enforceable protections. If the project also falls under the Impact Assessment Act, it is automatically deemed to require an assessment but is exempt from the planning phase and standard timelines, limiting early engagement and thorough review. To add, though a Major Projects Office and an Indigenous Advisory Office are established to facilitate consultation and economic participation, these do not guarantee the protection of rights. Bill C‑5 replaces established legal safeguards with unobstructed powers, significantly weakening Indigenous communities’ ability to defend their lands, rights, and environmental interests.3

Additionally, although the bill’s preamble references reconciliation and reaffirms Canada’s commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), there are no enforceable mechanisms in the legislation to guarantee free, prior, and informed consent (FPIC) from affected Indigenous nations.2,4

RE:  Section 35 of the Constitution, affirms the inherent and Treaty rights of Indigenous peoples.1,5

In all, while Bill C-5 may offer economic benefits to the state and industry, its fast-tracked, centralized approach to development raises concerns regarding Indigenous rights, environmental protection, and democratic accountability. Rather than building toward reconciliation, the legislation risks embedding old colonial patterns of exclusion, paternalism, and extractive governance. For Indigenous communities across the country, the passage of Bill C‑5 represents a step back from meaningful partnership and a harsh reminder that without enforceable commitments to Indigenous consent, Canada’s economic ambitions will continue to come at a cost.

References

1.     Amyot-Bilodeau D, Howard KJ, Nettleton GM, Shaw B, Sampson M, Neacsu A, Kauklnen K, Rivard B. Fast-tracking National Interest Projects in Canada: Bill C-5 – An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act [blog]. McCarthy Tétrault. June 10, 2025 [accessed June 28, 2025]. https://www.mccarthy.ca/en/insights/blogs/canadian-era-perspectives/fast-tracking-national-interest-projects-in-canada-bill-c-5-an-act-to-enact-the-free-trade-and-labour-mobility-in-canada-act-and-the-building-canada-act

2.     La Rocque C, Gray C, Feltmate B. Canada’s Bill C-5: Continuing the Legislative Trend of Undermining Indigenous Rights. JFK Law LLP. June 18, 2025 [accessed June 28, 2025]. https://jfklaw.ca/canadas-bill-c-5-continuing-the-legislative-trend-of-undermining-indigenous-rights/

3.     BC Assembly of First Nations. FNLC Communique – Bill C-5: Overview and Discussion. June 27, 2025 [accessed June 28, 2025]. https://www.bcafn.ca/news/fnlc-communique-bill-c-5-overview-and-discussion

4.     House of Commons of Canada. BILL C-5 An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act. Parliament of Canada. June 20, 2025 [accessed June 28, 2025]. https://www.parl.ca/documentviewer/en/45-1/bill/C-5/third-reading

5.     Sanders, L. Chiefs from across the country tell AFN they have ‘substantive concerns’ over Liberal’s Bill C-5. APTN News. June 17, 2025 [accessed June 28, 2025]. https://www.aptnnews.ca/national-news/chiefs-from-across-the-country-tell-afn-they-have-substantive-concerns-over-liberals-bill-c-5/