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Energy

Carney’s Bill C-5 will likely make things worse—not better

Published

4 months ago

5 minute read

From the Fraser Institute

By Niels Veldhuis and Jason Clemens

The Carney government’s signature legislation in its first post-election session of Parliament—Bill C-5, known as the Building Canada Act—recently passed the Senate for final approval, and is now law. It gives the government unprecedented powers and will likely make Canada even less attractive to investment than it is now, making a bad situation even worse.

Over the past 10 years, Canada has increasingly become known as a country that is un-investable, where it’s nearly impossible to get large and important projects, from pipelines to mines, approved. Even simple single-site redevelopment projects can take a decade to receive rezoning approval. It’s one of the primary reasons why Canada has experienced a mass exodus of investment capital, some $387 billion from 2015 to 2023. And from 2014 to 2023, the latest year of comparable data, investment per worker (excluding residential construction and adjusted for inflation) dropped by 19.3 per cent, from $20,310 to $16,386 (in 2017 dollars).

In theory, Bill C-5 will help speed up the approval process for projects deemed to be in the “national interest.” But the cabinet (and in practical terms, the prime minister) will determine the “national interest,” not the private sector. The bill also allows the cabinet to override existing laws, regulations and guidelines to facilitate investment and the building of projects such as pipelines, mines and power transmission lines. At a time when Canada is known for not being able to get large projects done, many are applauding this new approach, and indeed the bill passed with the support of the Opposition Conservatives.

But basically, it will allow the cabinet to go around nearly every existing hurdle impeding or preventing large project developments, and the list of hurdles is extensive: Bill C-69 (which governs the approval process for large infrastructure projects including pipelines), Bill C-48 (which effectively bans oil tankers off the west coast), the federal cap on greenhouse gas emissions for only the oil and gas sector (which effectively means a cap or even reductions in production), a quasi carbon tax on fuel (called the Clean Fuels Standard), and so on.

Bill C-5 will not change any of these problematic laws and regulations. It simply will allow the cabinet to choose when and where they’re applied. This is cronyism at its worst and opens up the Carney government to significant risks of favouritism and even corruption.

Consider firms interested in pursuing large projects. If the bill becomes the law of the land, there won’t be a new, better and more transparent process to follow that improves the general economic environment for all entrepreneurs and businesses. Instead, there will be a cabinet (i.e. politicians) with new extraordinary powers that firms can lobby to convince that their project is in the “national interest.”

Indeed, according to some reports, some senators are referring to Bill C-5 as the “trust me” law, meaning that because there aren’t enough details and guardrails within the legislation, senators who vote in favour are effectively “trusting” Prime Minister Carney and his cabinet to do the right thing, effectively and consistently over time.

Consider the ambiguity in the legislation and how it empowers discretionary decisions by the cabinet. According to the legislation, cabinet “may consider any factor” it “considers relevant, including the extent to which the project can… strengthen Canada’s autonomy, resilience and security” or “provide economic benefits to Canada” or “advance the interests of Indigenous peoples” or “contribute to clean growth and to meeting Canada’s objectives with respect to climate change.”

With this type of “criteria,” nearly anything cabinet or the prime minister can dream up could be deemed in the “national interest” and therefore provide the prime minister with unprecedented and near unilateral powers.

In the preamble to the legislation, the government said it wants an accelerated approval process, which “enhances regulatory certainty and investor confidence.” In all likelihood, Bill C-5 will do the opposite. It will put more power in the hands of a very few in government, lead to cronyism, risks outright corruption, and make Canada even less attractive to investment.

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CAPP calls on federal government to reset energy policy before it’s too late

Published on October 26, 2025

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CAPP CEO warns that Canada’s energy advantage is slipping away through incrementalism and policy paralysis

The productivity fix starts with pragmatism

Lisa Baiton, President and CEO of the Canadian Association of Petroleum Producers (CAPP), told the B.C. Business Summit 2025 that Canada is in danger of squandering its global energy advantage through hesitation and half-measures. Representing the upstream oil, gas, and LNG producers that account for more than 20 percent of Canada’s total balance of trade, she said the sector directly employs 450,000 Canadians and supports more than 900,000 jobs nationwide.

“Our industry contributes over one-fifth of Canada’s entire balance of trade,” Baiton said. “Yet we’re operating in a global environment where state actors like Russia, China, and OPEC are weaponizing resources, controlling markets, and coercing trade. Even our closest ally, the United States, is reminding us that we can’t rely on a single customer.”

She argued that the world’s energy order is shifting in ways Canada has been slow to recognize. “Institutional investors are now talking less about energy transition and more about energy addition,” she said, citing Blackrock’s Larry Fink. “Global energy demand is rising across the north and south — and with the AI revolution driving new consumption — we’re going to need all forms of energy for decades to come.”

Baiton said that despite encouraging words from Ottawa about the importance of natural resources, policy still lags reality. “We have a prime minister who recognizes the role of oil and gas in national security and Indigenous reconciliation, but words alone don’t attract capital. Without a clear policy reset, Canada will miss the investment window.”

Incrementalism will be the death of us

Baiton’s warning was blunt: Canada’s productivity crisis and its policy gridlock are converging into a national risk. “We’ve woken up to the threats, but we’re falling back into our usual Canadianism — plodding along,” she said. “This window of opportunity won’t stay open long, and incrementalism will be the death of Canada.”

She said a “pragmatic policy reset” is required, one that reflects the resources Canada actually has and moves with speed. “Supernaturalism will be our death,” she said. “We have to get out of our own way.”

Baiton called for an overhaul of policies built during a previous decade aimed at making oil and gas “existential.” Canada, she said, now has a government that understands “you can’t have national security without energy security,” and that the resource sector is key to funding the military and rebuilding economic strength.

Oil and gas: Canada’s fastest path to growth

She pointed out that Canada ranks last among OECD nations in growth and competitiveness, and said oil and gas is “the only sector that can be leveraged fast enough” to reverse that trajectory. The industry, she added, is already a national leader in Indigenous partnerships.  It’s the largest employer of Indigenous peoples, the largest user of Indigenous supply chains, and a growing field for Indigenous private equity ownership.

But without a policy reset, Baiton said, that progress will stall. “We need to take on key policies like the proposed emissions cap, which is already scaring investors, and fix permitting timelines that run nine to sixteen years. In Germany, it took three years to build three LNG import terminals. In Canada, one project can take 21 years from discovery to dollar.”

The message from Baiton was clear: Canada must rediscover the discipline to build, not just talk about building. The productivity fix starts with speed, pragmatism, and confidence in Canada’s own energy advantage.

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Business

Trans Mountain executive says it’s time to fix the system, expand access, and think like a nation builder

Published on October 26, 2025

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Mike Davies calls for ambition and reform to build a stronger Canada

A shift in ambition

A year after the Trans Mountain Expansion Project came into service, Mike Davies, Senior Director of Marine Development at Trans Mountain, told the B.C. Business Summit 2025 that the project’s success should mark the beginning of a new national mindset — one defined by ambition, reform, and nation building.

“It took fifteen years to get this version of the project built,” Davies said. “During that time, Canadian producers lost about $50 billion in value because they were selling into a discounted market. We have some of the world’s largest reserves of oil and gas, but we can only trade with one other country. That’s unusual.”

With the expansion now in operation, that imbalance is shifting. “The differential on Canadian oil has narrowed by about $13 billion,” he said. “That’s value that used to be extracted by the United States and now stays in Canada — supporting healthcare, reconciliation, and energy transformation. About $5 billion of that is in royalties and taxes. It’s meaningful for us as a society.”

Davies rejected the notion that Trans Mountain was a public subsidy. “The federal government lent its balance sheet so that nation-building infrastructure could get built,” he said. “In our first full year of operation, we’ll return more than $1.3 billion to the federal government, rising toward $2 billion annually as cleanup work wraps up.”

At the Westridge Marine Terminal, shipments have increased from one tanker a week to nearly one a day, with more than half heading to Asia. “California remains an important market,” Davies said, “but diversification is finally happening — and it’s vital to our long-term prosperity.”

Fixing the system to move forward

Davies said this moment of success should prompt a broader rethinking of how Canada approaches resource development. “We’re positioned to take advantage of this moment,” he said. “Public attitudes are shifting. Canadians increasingly recognize that our natural resource advantages are a strength, not a liability. The question now is whether governments can seize it — and whether we’ll see that reflected in policy.”

He argued that governments have come to view regulation as a “free good,” without acknowledging its economic consequences. “Over the past decade, we’ve seen policy focus almost exclusively on environmental and reconciliation objectives,” he said. “Those are vital, but the public interest extends well beyond that — to include security, economic welfare, the rule of law, transparency, and democratic participation.”

Davies said good policy should not need to be bypassed to get projects built. “I applaud the creation of a Major Projects Office, but it’s a disgrace that we have to end run the system,” he said. “We need to fix it.”

He called for “deep, long-term reform” to restore scalability and investment confidence. “Linear infrastructure like pipelines requires billions in at-risk capital before a single certificate is issued,” he said. “Canada has a process for everything — we’re a responsible country — but it doesn’t scale for nation-building projects.”

Regulatory reform, he added, must go hand in hand with advancing economic reconciliation. “The challenge of our generation is shifting Indigenous communities from dependence to participation,” he said. “That means real ownership, partnership, and revenue opportunities.”

Davies urged renewed cooperation between Alberta and British Columbia, calling for “interprovincial harmony” on West Coast access. “I’d like to see Alberta see B.C. as part of its constituency,” he said. “And I’d like to see B.C. recognize the need for access.”

He summarized the path forward in plain terms: “We need to stem the exit of capital, create an environment that attracts investment, simplify approvals to one major process, and move decisions from the courts to clear legislation. If we do that, we can finally move from being a market hostage to being a competitor — and a nation builder.”

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