Not Repealing C-69 is a Vote Against Canada’s Economic Future

Author: Paul de Jong

Much of Canada’s economic challenges today arise from our inability to build needed energy infrastructure, relying on the United States while denying our resources to other world markets.

The Impact Assessment Act, introduced to Parliament in 2018 as C-69, is one of the main reasons for the chokehold holding us back. Since it came into effect, not a single major-scale energy project has been approved under it. Projects put forward have languished in various stages of a red tape-laden regulatory process for years.

Liberal leader Mark Carney’s campaign trail comment on Tuesday that “we do not plan to repeal C-69” is effectively a commitment to continue the same regulatory chokehold that has stalled resource development over the last decade.   

Mr. Carney’s subsequent comments about a more focused review that reduces duplication and embraces a “one project, one review” offers little assurance. In fact, it’s the exact identical language that the Liberal government used when introducing C-69 back in February 2018.

What happened in reality is the exact opposite.

A 2023 analysis by the Canada West Foundation revealed that project reviews faced significant delays, with the first step of a four-step process alone taking up to 693 days in one instance. Since the introduction of the new system, 25 proponents have submitted projects for review, yet all remain stuck in the first two phases of the four-step process after several years. It’s unclear when – if ever – these projects will make it through.

By comparison, a similar review of the Impact Assessment Act’s predecessor, the Canadian Environmental Assessment Act showed an average approval timeline of 3.5 years. While not without flaws, the former system enabled projects to move forward and be completed.

In addition to a flawed process, the Impact Assessment Act is demonstrably unconstitutional when challenged. In a landmark decision, the Supreme Court of Canada ruled 5-2 that the legislation encroaches on provincial jurisdiction for resource development. This came after the Alberta Court of Appeal had disagreed with the Liberal government’s arguments for the necessity of the legislation, saying they are “not a basis to tear apart the constitutional division of powers.”

Canada could be an energy superpower: in addition to our natural gas basins, uranium deposits, and electricity production, Canada's oil sands, with an estimated 164 billion barrels in reserves, are among the world’s largest oil deposits.

Should we remove our self-imposed regulatory restrictions, Canada has construction companies with proven track records and skilled workforces to get the job done.

Instead of an energy superpower among nations, the current regulatory approach locks us into economic stagnation and decline. Until this changes, it’s safe to say that less responsible energy producers in the world can’t believe their luck.

This can’t continue. Let’s get building.