Summary#
This bill would require certain federal activities to follow provincial laws about land use, development, and environmental protection. It amends several federal acts so that projects like aerodromes, telecom towers, port operations, and federal land use must comply with provincial rules.
- Aerodromes could operate only if they follow the province’s land use and environmental laws (Aeronautics Act s.4.9(2)).
- Fishing and recreational harbour projects would need to meet provincial land use and environmental rules (Fishing and Recreational Harbours Act s.9(2)).
- The National Capital Commission would approve plans only if they comply with Ontario and Quebec laws on land use and environment (National Capital Act s.10(3)).
- The telecom minister could not approve antenna sites or towers unless provincial land use and environmental laws are met (Radiocommunication Act s.5(1.6)).
- Federal departments must use federal property in line with provincial land use and environmental laws (Federal Real Property and Federal Immovables Act s.18(7)).
- Port authorities and the Canada Infrastructure Bank must ensure projects comply with provincial land use and environmental laws (Canada Marine Act s.28(4.1); Canada Infrastructure Bank Act s.7(3)).
What it means for you#
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Households and communities
- Provincial and municipal zoning and environmental rules would apply to new or expanded aerodromes and antenna towers in your area; you could use existing local planning processes to give input (Aeronautics Act s.4.9(2); Radiocommunication Act s.5(1.6)).
- Projects by port authorities or the National Capital Commission near you would have to meet provincial land use and environmental standards (Canada Marine Act s.28(4.1); National Capital Act s.10(3)).
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Workers and service users
- Workers on federally related projects (airfields, towers, harbours, ports) would see added steps to secure provincial permits and approvals before work can start (multiple sections cited above).
- Service timelines for new infrastructure could change because provincial approvals are required in addition to federal ones; timing impact not quantified (Data unavailable).
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Businesses and project developers
- Aerodrome operators must ensure their sites and operations comply with provincial land use and environmental laws before operating (Aeronautics Act s.4.9(2)).
- Telecom carriers and tower companies would need to meet provincial land use and environmental requirements; the Minister cannot approve sites or structures otherwise (Radiocommunication Act s.5(1.6)).
- Port authorities must align their activities and powers with provincial land use and environmental laws (Canada Marine Act s.28(4.1)).
- Companies partnering with the Canada Infrastructure Bank must show projects comply with the involved provinces’ land use and environmental laws (Canada Infrastructure Bank Act s.7(3)).
- Contractors on fishing or recreational harbour projects must meet provincial rules for land use and environmental protection (Fishing and Recreational Harbours Act s.9(2)).
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Federal departments and agencies
- Departments and Crown corporations must use federal real property in ways that comply with provincial land use and environmental laws (Federal Real Property and Federal Immovables Act s.18(7)).
- The National Capital Commission must be “of the opinion” that its plans comply with Ontario and Quebec laws on land use and environment before adopting them (National Capital Act s.10(3)).
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Timing
- The bill text provided does not state a coming-into-force date. Standard timing is not specified here (Data unavailable).
Expenses#
Estimated net cost: Data unavailable.
- No explicit appropriations or new fees are stated in the provisions provided (Bill text).
- The bill imposes compliance requirements on federal entities and federally regulated projects; potential administrative and legal costs are not quantified (Data unavailable).
- No official fiscal note or cost estimate was identified (Data unavailable).
Proponents' View#
- Improves local and provincial control over land use by making federal and federally regulated projects comply with provincial land use and environmental laws, reducing jurisdictional conflicts (Aeronautics Act s.4.9(2); Radiocommunication Act s.5(1.6); Canada Marine Act s.28(4.1)).
- Aligns federal projects with provincial environmental protection standards, which may raise environmental safeguards where federal projects occur (multiple sections).
- Creates consistent expectations for developers across sectors by referencing the same two areas of provincial law: land use/development and environmental protection (bill-wide structure).
- Enhances accountability: the telecom minister must be satisfied provincial requirements are met before approving towers; port authorities and the Canada Infrastructure Bank must ensure compliance for their projects (Radiocommunication Act s.5(1.6); Canada Marine Act s.28(4.1); Canada Infrastructure Bank Act s.7(3)).
- Respects provincial jurisdiction over property and civil rights by tying federal actions on land to provincial frameworks, including municipal bylaws made under provincial authority (general references to “laws concerning land use and development,” multiple sections).
Assumptions to note: Proponents assume provincial processes are adequate to manage federally linked projects and that added coordination will not cause major delays or costs (Data unavailable).
Opponents' View#
- Risk of constitutional conflict: federal areas like aeronautics, radiocommunication, and navigation are typically under federal jurisdiction; requiring compliance with provincial laws could trigger legal challenges and uncertainty (Aeronautics Act s.4.9(2); Radiocommunication Act s.5(1.6)).
- Patchwork standards: different provincial rules could lead to uneven requirements across Canada for national networks and services, such as aviation facilities and telecom towers, complicating planning and raising costs (multiple sections).
- Delays and duplication: adding provincial approvals to federal processes may extend timelines and increase administrative burden for ports, aerodromes, and telecom projects; no quantified timelines or costs are provided (Data unavailable).
- Limits federal flexibility: “despite” clauses could constrain federal regulators from applying uniform national rules where provincial law conflicts, potentially affecting safety, service coverage, or strategic infrastructure decisions (e.g., Aeronautics Act s.4.9(2)).
- Ambiguity and enforcement: the bill relies on broad terms (“laws concerning land use and development and environmental protection”) without defining scope; it is unclear how conflicts will be resolved and who decides compliance beyond stated “satisfaction” or “opinion” standards (e.g., National Capital Act s.10(3); Radiocommunication Act s.5(1.6)).
Assumptions to note: Opponents assume provincial processes will materially slow or block projects and that courts will find conflicts with federal powers; neither impact is quantified in the record provided (Data unavailable).