Building Canada Act — B-9.89 5
Power of Governor in Council 5 (1) If the Governor in Council is of the opinion that a project is in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to add the name of the project and a detailed description of it, including the location where it is to be carried out. Publication and consent of province or territory (1.1) Before adding the name of a project to Schedule 1, the Governor in Council must cause a notice of 30 days, that includes the name and description of the project, to be published in the Canada Gazette and must consult with the government of the province or territory in which the project will be carried out, and obtain its written consent if the project falls within areas of exclusive provincial or territorial jurisdiction. Limit (2) The Governor in Council is not authorized to make an order under subsection (1) while Parliament is prorogued or dissolved or after the fifth anniversary of the day on which this section comes into force. Amendment (3) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to amend the name or the description of a national interest project. Deletion (4) If the Governor in Council is of the opinion that a project named in Schedule 1 is no longer in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend that Schedule to delete the name and the description of the project. Limit (5) The Governor in Council is not authorized to make an order under subsection (4) in respect of a national interest project after a document is issued in respect of the project under subsection 7 (1). Factors (6) In deciding whether to make an order under subsection (1) or (4) in respect of a project, the Governor in Council may consider any factor that the Governor in Council considers relevant, including the extent to which the project can (a) strengthen Canada’s autonomy, resilience and security; (b) provide economic or other benefits to Canada; (c) have a high likelihood of successful execution; (d) advance the interests of Indigenous peoples; and (e) contribute to clean growth and to meeting Canada’s objectives with respect to climate change. Conditions — conflict of interest (6.1) Before recommending that an order be made under subsection (1), the Minister must be satisfied that (a) the proponent of the project, or any director, officer or significant shareholder of the proponent, has not been found to have committed a violation under the Conflict of Interest Act and is not the subject of an ongoing proceeding in respect of a violation under that Act; and (b) every reporting public office holder , as defined in section 2 of that Act, who could be in a conflict of interest in relation to the proponent of the project has recused themselves under that Act to avoid the conflict. Consultation (7) Before recommending that an order be made under any of subsections (1), (3) and (4), the Minister must consult with any other federal minister and any provincial or territorial government that the Minister considers appropriate and with Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the order relates. Statutory Instruments Act (8) The Statutory Instruments Act does not apply to an order made under subsection (1), (3) or (4). Publication in Canada Gazette (9) An order made under subsection (1), (3) or (4), and the reasons for it, must be published in the Canada Gazette as soon as feasible after it is made. Publication in registry (10) Within 30 days after an order is made under subsection (1), details of the project in respect of which the order is made must be published in the registry established under section 5.1.