Governments across Canada are racing to announce initiatives to fast-track and prioritize infrastructure projects deemed to be in the public interest. These government initiatives come largely in response to calls to streamline permitting and approvals as well as to remove redundancy and duplication. In British Columbia, the government's policy choice to meet those ends is the Infrastructure Projects Act ("Bill 15").
Elsewhere, in Ontario, the provincial government recently proposed Bills 5 and 17, a detailed overview of which can be found: here and here. At the federal level, the government plans to introduce the Building Canada Act to expedite major infrastructure projects, which is reported to include establishing a two-year time limit for approval of projects, adopting a "one project, one review" strategy and providing for automatic issuance of permits and authorizations upon a positive decision on an impact assessment.1
For British Columbia, Bill 15 provides legislative and regulatory tools the Province can use to advance decisions on infrastructure projects that are in the public interest. Bill 15 has received considerable attention, including from First Nations and municipalities. Some take issue with the Bill. Certain First Nations as well as the First Nations Leadership Council have raised concerns with how the Bill was introduced noting that it did not meet the consultation requirements of the Declaration on the Rights of Indigenous Peoples Act ("DRIPA"). Despite this critique, on May 29, 2025, Bill 15 received Royal Assent and is now law in British Columbia.
Criteria addressing which projects will be eligible for streamlining and regulations are yet to be developed, which leaves unanswered for now details regarding how the legislation will be practically implemented. In selecting projects that will be prioritized and the related tools to facilitate such prioritization, the government has announced that it will strike a balance in maintaining high environmental protection standards and advancing reconciliation while facilitating projects that improve the quality of life and stimulate economic growth.
In terms of what further legislative changes may be needed, while Bill 15 is a step towards planned greater efficiency, consideration ought to be given to broader reform to address potential gaps left by the legislation. Many important and significant projects that will not be designated for streamlining also need to come to fruition without having to navigate potentially unnecessary and overly burdensome administrative requirements.
Below we outline Bill 15's structure and tools and potential issues for project proponents to keep in mind.
Designated Projects
The first step for streamlined and fast-tracked review is determining the projects that will be eligible. Bill 15 allows the Lieutenant Governor in Council ("LGC") to designate infrastructure projects as either category 1 or category 2 projects.
- Category 1 Projects
Category 1 projects are any infrastructure project or class of infrastructure projects designated by regulation. The Province says[2 that category 1 projects will be those delivered by core government, including all projects delivered by the Ministry of Infrastructure[3 such as hospitals, schools and long-term care centres either in partnership or on behalf of school districts, post-secondary institutions and health authorities. Category 1 projects could also include projects delivered by other ministries such as Transportation or Transit.
Both individual projects and entire classes of projects may be designated as category 1.
Bill 15 provides new statutory powers for the Minister of Infrastructure for category 1 projects, including the power to develop or construct a project, to act as a general contractor for a project and to acquire equipment or property for a project. This could include, for example, undertaking multi-project procurement.
- Category 2 Projects
Category 2 projects will be designated by the LGC on a project-by-project basis where the Province considers them to be "provincially significant."
Category 2 includes projects delivered by partners outside of core government, such as Crown agencies, local governments, Indigenous groups, and private proponents.
The Province says that to be designated provincially significant, the projects would need to create significant economic, social or environmental benefits. Factors the Province says it may consider when determining if a project is provincially significant include whether a project significantly contributes to: public infrastructure, critical mineral supply, food or water security, energy security, Indigenous groups partnership or benefit, trade diversification, or housing, among others.
Formal criteria for projects of provincial significance may be established by regulation. The Province has stated, including during legislative debate on the Bill where a proposed government amendment was defeated, that they will consult First Nations on the criteria for making a category 2 designation.
New Tools to Streamline Approvals of Designated Projects
- "Front of Line" Review for Provincial Permitting
Bill 15 enables the LGC to pass regulations that authorize designated projects to be put to the front of the line for review for the issuance of provincial permits.
The Minister of Infrastructure in turn may require a regulator to prioritize a designated project and may make ministerial regulations establishing a permitting prioritization process, including timelines.
Where necessary, the Minister may recommend to the LGC that it take action if the permit prioritization process will not sufficiently expedite matters.
The tool does not affect the quality or rigour of permitting that ought to apply but rather only moves the application ahead in the queue.
- Qualified Professional Reliance Model
Through regulations, the LGC will develop a qualified professional reliance model under which qualified professionals will be able to certify compliance within government standards on some permits where appropriate. The Province has indicated that thresholds will be set for works or activities that will be eligible to be assigned to a certified qualified professional, and that complex permits will remain with ministry statutory decision makers.
Consultations with interest holders and key partners, such as Indigenous groups, regulatory bodies, private sector proponents, and natural resource permitting ministries, are slated to begin this spring.
- Expedited Environmental Assessment Process
Bill 15 empowers the LGC to use regulations to establish a specific environmental assessment process to expedite the review of designated projects. According to the Province, this will align with work that the Environmental Assessment Office ("EAO") already has underway on a legislated review of the Environmental Assessment Act.
Bill 15 also allows the Minister to order automatic authorization of provincial permits following the issuance of an Environmental Assessment Certificate for designated projects. The Province indicates that this power will be used only for "low-risk" permits. What constitutes a low-risk permit has yet to be established.
- Local Government Approvals
Local governments will be able to expedite their own permitting and approval processes by using a resolution to request that the LGC pass a regulation providing exemptions from, or modifications to, certain provincially legislated requirements related to planning and land use management.
The Province has indicated that this new local government power cannot be used for requirements related to health and safety, such as building permits.
Bill 15 also provides that the Province may initiate a new three step process to work with a local government where a local government process is creating a lengthy or unnecessary delay on a project. The Province will be able to consult with the local government, seek a written agreement with the local government including a mutually agreed alternate authorization, or intervene to develop measures to address delay if no resolution is reached. The Province has said that the third step will only be used if all other avenues have been exhausted.
First Nations Consultation
Bill 15 does not change the need for consultation with First Nations. The constitutional protection of First Nations' rights under s. 35 of the Constitution Act, 1982 cannot be limited by legislation.
The Province has said that designated projects under the legislation will be required to uphold government's commitment to the DRIPA.
Implementation
Following Royal Assent of Bill 15, the Province will now need to put in place various regulations for the law to be implemented. If the proposed but defeated amendments to Bill 15 are any indication, along with the Minister's statements in the legislative assembly promising consultation, the government will be consulting with First Nations to establish these regulations.
Among the aspects of the Bill that will be established by regulation include:
- the process for applying for, and designating category 1 and category 2 projects;
- the authorization to use the new tools for streamlining on a project-by-project basis;
- the criteria for determining category 2 projects, noting that it is likely that category 2 projects will not include controversial projects that do not have general support from the most impacted First Nations;
- the process for relying on qualified professionals in relation to permitting; and
- the process for expedited environmental assessment.
Many of the key provisions of the law will only come into force at the discretion of the LGC, presumably once the appropriate regulations are in place.
Relationship to Existing Legislation
This is not the first time the Province has put in place measures in an attempt to streamline the regulatory process, although Bill 15 does appear to be the most comprehensive of such efforts.
In 2003, the BC Liberal government passed the Significant Projects Streamlining Act ("SPSA") authorizing a member of the provincial Cabinet to make binding orders in respect of those projects which the Cabinet determined to be "provincially significant." Under the SPSA, once a project is designated as "provincially significant", the applicable regulatory authorities must take all reasonable steps to make decisions expeditiously and facilitate the expeditious completion and operation of the project, essentially overriding any provincial or local regulations that apply to the project. While the SPSA was not ever used, the Minister of Infrastructure has acknowledged that some of Bill 15 is modelled after the SPSA process, including the concept of "provincially significant."4 The SPSA has been repealed upon Bill 15 becoming law.
Another example of legislation that may allow for deviation from existing regulatory processes is the Environment and Land Use Act ("ELUA") which empowers the Environment and Land Use Committee to, among other things, make orders it "considers necessary or advisable" for "any matter relating to the environment and the development and use of land and natural resources." While generally used to restrict resource-related activity, the ELUA is similar to the SPSA and Bill 15 in that, in practice, it can amount to overriding other legislation relating to the environment. Previous orders issued pursuant to the ELUA include orders passed in 2024 which placed restrictions on the issuance of mineral claims, leases and Mines Act permits and on mining activities in designated areas located in Gitxaala Nation's and Ehattesaht First Nation's traditional territories.
The Environmental Assessment Act itself also contains the ability for the EAO to exempt a project from requiring an environmental assessment certificate if the EAO has established that the project will not result in significant adverse environmental, economic, social, cultural or health effects, or will not have significant effects on First Nations.
What to Keep in Mind Going Forward
Redundancy and inefficiency in government regulatory processes are a natural outgrowth of the piecemeal development of requirements that stem from point in time responses to the needs of the population and the demands of other stakeholders. Governments do not always allocate adequate resources to ensure that regulatory conditions are current and to review administrative requirements to ensure they are not unduly burdensome. In the context of approval of infrastructure projects, this has led not only to delay but also increased costs for all participants involved in the permitting and approval processes. Bill 15 is the Province's proposal to address some of these issues.
The Bill has come into force at a critical time for the Province. In a climate of economic uncertainty, the Province will need to rely on timely and efficient delivery of infrastructure projects to drive growth and deliver essential public services such as health and education. The successful implementation of Bill 15 will be determined by its transparent criteria and regulations – all which require engagement. Success will also hinge on ensuring First Nations' rights and concerns are recognized and protected, the environment is protected, and the public trust in our institutions, including our regulatory bodies is maintained.
We will continue to monitor future consultations and implementation of Bill 15.
Footnotes
1 Speech from the Throne to open the first session of the 45th Parliament of Canada; "Carney to brief premiers on plan to fast-track major nation-building projects", Globe and Mail, May 29, 2025.
2 See the May 1st, 2025, news release, backgrounders and technical briefing presentation for the Province's statements referred to throughout this bulletin.
3 The Ministry of Infrastructure was established by Order in Council 0596-2024 which also transferred to the Minister of Infrastructure some of the duties, powers and functions of selected other ministers respecting major capital projects.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
