This Framework insufficiently assesses project risks. For example, a project could present unacceptably high environmental risks but still pass the Framework as written. Eligibility, benefits, and core requirements are currently scoped widely, so that almost any project that brings large investment can be designated, with minimal consideration of risks.

The Framework largely does not address a core common issue with major projects, which is that benefits may be over-estimated in assessment, whereas risks are under-considered in a rush to see projects greenlit. This includes not just environment and climate risks, but risks of cost-overruns, under-delivery of claimed community benefits, stranded assets if a project is abandoned, etc.

The Infrastructure Projects Act should be amended to clarify that free, prior, informed consent from First Nations’ titleholders is required before a project may be designated, and before any of the tools provided for in the Act are utilized.

The Act must ensure transparency and accountability BEFORE the decision is made to designate. The Minister should be required to publicly post the eligibility assessment and information submitted before making the decision, and to have a public comment period. This is particularly critical if a project is going to be exempted from any environmental requirements so the public can understand what information was assessed before designation to understand the benefits/risks of the project.

There should be an evaluation, monitoring and reporting process to publicly assess whether designated projects actually have been approved and constructed any faster than through normal procedures, the amount of public funds expended, whether the project delivered on the benefits claimed, the exemptions and streamlined processes used under the Act for a specific project, and environmental monitoring conducted to report on environmental impacts for the project.

Any public benefits claimed by the project proponent (including reconciliation, environmental benefits or job guarantees) should be made a condition of Environmental Assessment or permit approval.