Alberta Court of Appeal says Impact Assessment Act is still unconstitutional
The Court found that, among other things, the act still grants the power to stop a project in provincial jurisdiction if it has even the smallest impact on federal jurisdiction.
The Alberta Court of Appeal has declared the federal government's Impact Assessment Act unconstitutional, following a second legal challenge. The legislation, originally passed by the Liberal government under Justin Trudeau in 2018, aims to assess the environmental, economic, health and social impacts of projects like pipelines and mines.
In a 4-1 decision, the court ruled that despite modifications made by the federal government after a Supreme Court ruling in 2023, the new version of the act still infringes on provincial jurisdiction. The court found that even minor federal impacts on provincial matters give Ottawa excessive power to regulate and hinder provincial projects.
Earlier this month, the federal government received a boost when the Pacific Link pipeline project received a national interest designation under Ottawa's Building Canada Act. However, critics like Conservative Leader Pierre Poilievre have long sought the repeal of the Impact Assessment Act. The federal government is currently reviewing the court's decision and considering its next steps.
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