Chiefs of Ontario, NAN demand withdrawal of Bill C-39

By Pam Fedack
Local Journalism Initiative Reporter
Kenora Miner & News

The Chiefs of Ontario, Nishnawbe Aski Nation and several regional Indigenous leaders want Ottawa to withdraw its major projects bill, saying faster approvals could leave communities without enough time to examine what development would mean for their lands and waters.

COO and NAN are being joined by the Assembly of First Nations Quebec-Labrador and the British Columbia Assembly of First Nations in rejecting Bill C-39, the Building Canada Strong Act, as outlined in an Oct. 8 joint statement.

“This government is writing legislation about our lands and our future without us at the table,” NAN Grand Chief Alvin Fiddler said.

Introduced Sept. 21, the bill would set a one-year deadline for certain federal project decisions once proponents provide the required information and studies. It would also let Ottawa designate regions of national interest, giving certain projects in those areas access to a streamlined approval framework.

The federal government says the legislation would reduce duplication, speed up reviews and give investors more certainty. Ottawa also says it would continue to meet its duty to consult, treaty obligations and commitments under the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP).

The First Nations organizations say communities need time to study potential impacts, hear from their citizens and obtain technical and legal advice. They argue federal deadlines must allow that work to happen.

Their concerns also extend to environmental safeguards and designating entire regions for development. They say a regional designation cannot be treated as consent from every First Nation whose territory could be affected.

The bill would shift responsibility for some assessments to federal energy and nuclear regulators. It also proposes changes to laws governing fisheries, species at risk and navigable waters, alongside transportation and labour provisions.

MPs voted 296 to 26 on Oct. 8 to send the bill to a legislative committee after second reading. It has not become law. The Senate also authorized a study of the bill’s subject matter before receiving it from the Commons.

The organizations criticized the pace of parliamentary review. They said they support jobs and sustainable development but warned that proceeding without meaningful First Nations involvement could lead to conflict and litigation rather than the certainty Ottawa is seeking.