Crisis and Opportunity: How Indigenous Governments Can Position Themselves for Canada’s Major Projects Push (Part 3)

Thursday, October 22, 2026

Introduction

On September 21, 2026, the Government of Canada introduced Bill C-39, the Building Canada Strong Act.¹ Bill C-39 proposes changes to several federal laws to shorten major project approval timelines, coordinate regulatory processes and help major projects move forward more quickly. As Canada has explained in its public materials, the goal is to encourage investment and get projects built faster.²

Over this series of blog posts, themed “Crisis and Opportunity”, OKT will explain what Indigenous Governments should know about Bill C-39. Our overarching message is simple: while Bill C-39 raises serious initial concerns, it provides only the blueprint for what is still to come. Much will be shaped by how Canada implements the bill and the additional changes contemplated in the Cabinet Directive on Getting Projects Built in Canada, which accompanied Bill C-39.

This blog post considers how Indigenous Governments may be able to benefit from opportunities related to Canada’s current push to build major projects. Canada is entering a period of major project development in which Indigenous Governments may have greater ability than ever before to participate in projects on their own terms, supported by new financing options and increased influence. Federal and provincial governments are working to fast-track transmission lines, critical minerals projects, ports, clean energy facilities, transportation infrastructure, and other major developments across Indigenous territories. For Indigenous Governments interested in participating in those developments, either as equity owners, business partners, owners of supporting infrastructure, or proponents themselves, the coming years present significant opportunities.

Good Reform Can Create Opportunities

Indigenous Governments are not uncritical of the current federal impact assessment and permitting frameworks. Multiple, overlapping review and consultation processes can create consultation fatigue, strain limited resources, and make it difficult to maintain continuity over the life of a project.

A more coordinated and efficient regulatory system therefore has the potential to benefit Indigenous Governments as well as proponents. That, however, will only be true if reforms preserve meaningful participation, respect Indigenous Governments’ own decision-making processes, and are supported by adequate capacity funding. As is being discussed in our other posts, there are legitimate questions about whether Bill C-39 strikes that balance. If it does, the legislation may create opportunities for Indigenous Governments that are worth considering.

One such opportunity arises from the value that regulatory certainty can create. If governments successfully reduce delays, coordinate permitting processes, and eliminate duplication, project proponents may realize meaningful cost savings. Major projects frequently incur substantial costs during lengthy approval processes. Delays can increase financing costs, extend development timelines, and create uncertainty for investors.

Where Indigenous Governments help proponents achieve regulatory certainty and maintain project schedules, they may be creating real economic value. If an Indigenous Government’s support contributes to faster approvals, reduced conflict, or greater project certainty, proponents may be willing to share a portion of the resulting value through increased accommodation measures, enhanced economic benefits, larger procurement commitments, additional equity opportunities, or other forms of participation.

Put differently, if speed becomes a priority for governments and proponents, Indigenous Governments that can help achieve that objective may find themselves negotiating from a position of increased leverage.

Indigenous Governments Are Increasingly Project Partners, Not Just Participants

Historically, major projects were often developed in the traditional territories of Indigenous Governments without the relevant Indigenous Government being brought in at all, or with it brought in only for consultation once the project had already been developed, financed, and designed. As a result, those projects often went ahead without meaningful benefits to the people whose lands and rights were affected. Over time, sustained advocacy by Indigenous Governments has led to increased participation in major project development, although the extent and effectiveness of that participation continue to vary considerably.

Indigenous participation in major project development is therefore not a new concept. In many sectors, particularly mining, Indigenous Governments and proponents have been negotiating consultation agreements, impact and benefit agreements, and other accommodation arrangements for decades. While many Indigenous Governments continue to seek greater involvement in project planning, decision-making, and economic participation, these arrangements have fundamentally changed the way major projects are developed across much of Canada.

What is changing today is not simply whether Indigenous Governments participate, but how they participate. Increasingly, Indigenous Governments are acquiring ownership interests in major projects, accessing capital to support those investments, participating directly in project governance and the environmental planning process, and in some cases developing projects themselves. The conversation is therefore expanding beyond consultation and accommodation to include ownership, investment, and long-term partnership.

That shift matters when considering Bill C-39. For Indigenous Governments with ownership interests in projects, regulatory delays can carry real costs. Delayed projects can mean delayed revenues, increased financing costs, rising construction costs, and uncertainty for investors. Greater coordination between regulators, more predictable timelines, and reduced duplication may therefore create benefits not only for proponents, but also for Indigenous owners and partners.

Alignment of Capital and Opportunity

The current push to accelerate development coincides with unprecedented levels of capital available to support Indigenous participation in major projects.

Over the past several years, governments have launched a range of Indigenous loan-guarantee and project-financing initiatives designed to facilitate Indigenous equity ownership. Federal programs, provincial loan guarantee programs, and financing initiatives offered through institutions such as the Canada Infrastructure Bank have significantly expanded the tools available to Indigenous Governments seeking ownership positions in major developments.

As a result, Indigenous Governments may be entering this new phase of project development with access to more financing options than at any previous point in Canadian history.

That combination of increased project activity and increased access to capital creates an important opportunity. With ownership often comes a different kind of influence. Equity partners may be involved earlier in project planning and have greater visibility into project decision-making. This can allow Indigenous Governments to protect their rights and interests by building the right protections into the project design from the outset, rather than waiting to raise concerns during regulatory processes about projects designed without their input.

Opportunities to Resolve Broader Issues

Major projects have often served as vehicles for addressing issues that extend beyond the project itself. In many cases, project negotiations have provided opportunities to secure investments in community infrastructure, environmental stewardship programs, training initiatives, housing, r other priorities.

The coming wave of major project development creates similar opportunities. Governments and proponents seeking to advance projects quickly may be more open to conversations regarding legacy concerns, unresolved relationship issues, cumulative effects management, stewardship initiatives, land-use planning, or other longstanding priorities.

Not every issue can or should be tied to project development. However, periods of significant investment and heightened government attention can create opportunities to advance broader Nation-building objectives that might otherwise receive less attention. Indigenous Governments will benefit from taking the initiative now to strategically plan how some of these broader issues might be addressed as part of providing their consent to major projects.

Strategic Advantage in a Faster Project Environment

Governments are looking for projects that can be delivered. Proponents are looking for certainty. Lenders and other investors are looking for partners that can help manage risk and move projects forward. In that environment, Indigenous Governments that can demonstrate they are both interested in participating in development and capable of successfully executing on those opportunities will find they are teaching federal, provincial, and territorial governments, proponents, and investors that this is how business can be carried out predictably in their traditional territory. Many Indigenous Governments are already building that reputation through development corporations, equity ownership, sophisticated governance structures, and experience participating in major projects.

Because many opportunities can emerge quickly, there is great value in planning ahead. Identifying priority sectors, considering ownership models, establishing governance frameworks, and working with experienced legal, financial, and technical advisors can help position a Nation as a partner of choice when investment opportunities arise.

Conclusion

Bill C-39 raises important questions and Indigenous Governments will rightly want to remain engaged as the details of Canada’s broader project-acceleration agenda continue to unfold.

For Indigenous Governments, the challenge may not simply be responding to regulatory change, but also positioning themselves to capitalize on emerging opportunities. The Indigenous Governments that are able to protect their interests while strategically engaging with this evolving landscape may be well placed to help shape, and benefit from, Canada’s next generation of major projects.

If you would like to discuss how Bill C-39 may affect your Nation, including opportunities related to project ownership, financing, consultation, or regulatory reform, we would be pleased to assist.

¹ Bill C-39, An Act respecting certain measures to strengthen the economy, 1st Sess, 45th Parl, 2026.

² Government of Canada, “Government of Canada introduces legislation to transform how Canada builds” (September 21, 2026).