Major Projects, Modern Treaties, and Canada’s Push to Build Faster

Issue 01 | March 2026

When Prime Minister Carney announced the creation of a Major Projects Office in 2025, it marked a significant shift in the federal government’s approach to project development. It signalled to citizens, industry and Indigenous nations that Ottawa intended to accelerate the construction of major infrastructure and resource projects across the country. In other words, the government was signalling a willingness to move faster on major projects, even if that meant challenging processes that have traditionally slowed them down.

Here we are more than 6 months down the road, with one of the world’s largest mineral and exploration conferences having just wrapped up. The question on many minds and mouths there was whether anything had really changed?

During a panel on building major projects in Canada, proponents described navigating overlapping permitting requirements, regulatory teams applying different standards at different stages, and significant costs associated with environmental and regulatory approvals. One executive estimated that permitting alone can now cost between $20 and $40 million for a single project.

So even initiatives designed to streamline approvals are being met with caution, as both companies and Indigenous partners weigh how these new processes may affect existing relationships and regulatory expectations.

Modern Treaties, in many cases, may provide much needed clarity. Unlike many parts of the country where consultation frameworks remain contested, Modern Treaty agreements establish defined authorities, land ownership regimes, and regulatory roles for Indigenous governments. In practice, this can provide greater certainty for both proponents and governments about who holds decision-making authority and how projects move forward.

You don’t have to look much further than the Ksi Lisims LNG project on the north coast of British Columbia for a shining example of how major projects are finding an express lane by working with Modern Treaty nations. It’s also a model of cooperation that could see multi-governmental/jurisdictional projects that include Modern Treaty Nations, like the Gray’s Bay Road & Port Project succeed.

Modern Treaties Nations are ready for major projects

You know exactly who makes the decisions

  • In many parts of Canada, it’s unclear which group has the final say in consultation, leading to "consultation fatigue" or lawsuits. In a Modern Treaty area, the Indigenous government has legally defined authority. You won’t waste months talking to the wrong people. What’s more, the Indigenous government is accountable to its own citizens/members, contrary to Indian Act Bands who are ultimately still accountable to the Minister of Indigenous Services.

Land ownership is settled, not contested

  • Modern Treaties often transfer full ownership of specific lands to the Indigenous nation. This means you are negotiating with a landowner, not just a "stakeholder." This simplifies everything from securing a mining lease to clearing a path for a transmission line.

Co-management boards replace guesswork

  • Instead of ad hoc meetings that feel like moving targets, Treaties use permanent co-management boards for environmental and land-use planning, . These boards have set membership which includes Indigenous governments, and operate on set rules and timelines, making your project review process predictable rather than experimental.

Direct lines to government are already open

  • When a project spans multiple jurisdictions (Federal, Provincial/Territorial, and Indigenous), the "pipes" for communication are already laid. These governments already have formal agreements on how to talk to each other, reducing the chance of your project getting stuck in a cross-government dispute.

A ready-made path for economic partnership

  • Most Modern Treaty nations operate well-funded Development Corporations. They have clear rules for how they want to invest, share revenue, or take equity. You aren't building a partnership from scratch; you are plugging into an existing business engine. Some Modern Treaties also provide for Crown royalties generated from resource extraction activities to be shared with the relevant Treaty Nation.

The Modern Treaty Hub

In recent news:

  • On March 4th, the Government of Canada announced a $1-billion Arctic Infrastructure Fund for projects in Yukon, Northwest Territories, Nunavut, Nunavik or Nunatsiavut. The fund is intended to strengthen defence readiness and Canada’s ability to operate in the Arctic; improve transportation links that enable economic development and access to domestic and global markets; enhance community connectivity, and access to essential goods, services, and emergency response; and advance Indigenous reconciliation, including recognizing that First Nations, Inuit and Métis are best placed to identify their community needs (Canada.ca)

  • On March 3rd, the Canadian Northern Economic Development Agency (CanNor) announced $1.5 million for the Tłı̨chǫ Government to identify new mining opportunities through aerial surveys, ground-based prospecting, and data analysis in the Tłı̨chǫ Region (Canada.ca)

  • On March 1st, the Grays Bay road and port project submits a 5,000-page report to the Nunavut Impact Review Board, marking the start of the environmental review process for a proposed Arctic port and 230-kilometre long road that will unlock critical minerals development and connect Nunavut to southern infrastructure networks (CBC.ca)

  • On February 19th, Western Forest Products and Tla’amin Nation announced an agreement for the Nation to purchase Western’s Stillwater Forest Operation for $80 million, transferring control of a major forest tenure within Tla’amin territory (GlobalNewswire.com)

Job postings:

Requests for Proposals (RFPS):

Got a job posting, request for proposals or news you want to share? Message me “Posting” and a link so I can include it in the next edition.

Modern Treaties are accelerating the pace of development

Major projects and Modern Treaty implementation are no longer parallel conversations. Increasingly, they are the same conversation. For proponents, governments and treaty nations alike, the question is not simply whether projects can move forward, but whether governance systems are clear enough to support them.

Modern treaties offer something that has often been missing in the broader Canadian project landscape: defined authorities, established institutions, and structured government-to-government relationships. As governments look for ways to accelerate development, the partnership that Modern Treaty Nations offer may prove just as important, or dare I even say more, than regulatory reform.

If you are navigating major projects within a Modern Treaty area, whether as a proponent or an Indigenous government, message me “Modern Treaty Advice”.

Previous
Previous

It's time for a new Indigenous Self-Government policy

Next
Next

Will Modern Treaties add fuel to the fire on land rights in British Columbia?