New Cabinet Directive

In parallel with the BCSA, the government released the Cabinet Directive on Getting Projects Built in Canada (the Directive), which replaces the previous Cabinet Directive on Regulatory and Permitting Efficiency for Clean Growth Projects (the 2024 Directive). The Directive, which is broader in scope than the 2024 Directive, covers any “project that requires a federal permit,” articulates the government’s expectation that federal departments and agencies must structure their project review procedures to enable decisions to be made within the one-year federal review timeline contemplated in the BCSA.

The Directive applies the one-year review timeline to any federal permit required for a project (except for authorizations under the Indian Act), even if the underlying legislation is silent on timelines. The Directive also refers to the existing processes set up for the Major Projects Office but adds that if an impact assessment is not required but multiple federal permits are, a permit plan is to be issued and overseen by the Federal Review Coordinator. The application of the Directive to projects currently in the regulatory queue is to be assessed on a case-by-case basis by the Federal Review Coordinator and the Major Projects Office.

Building Canada Strong: Major Projects Acceleration