In October 2023, the Supreme Court of Canada concluded that the Impact Assessment Act was largely unconstitutional. On June 20, 2024, the federal government amended the Impact Assessment Act as part of a large omnibus budget bill. The amendments fail to correct the constitutional deficiencies the Supreme Court of Canada identified with the original legislation and will continue killing jobs and hurting the economy.
Alberta’s government gave the federal government a four-week deadline to remedy the unconstitutional provisions in the amended Impact Assessment Act or face another legal challenge. The federal government has failed to address Alberta’s concerns, showing a continued disregard and refusal to engage with Alberta on the legislation and its flawed amendments. In response, Alberta has referred the constitutionality of the amended Impact Assessment Act to the Court of Appeal of Alberta.
“We have tried working with Ottawa to change their deeply flawed and unconstitutional Impact Assessment Act but we’ve been met with resistance every step of the way. They have chosen to disregard our input, disregard a Supreme Court of Canada decision, and disregard our deadline, so we’ll see them in court. Again. We will not stand down on this issue.”
The federal government’s Impact Assessment Act enables Ottawa to derail, delay and interfere in projects that have little or nothing to do with matters falling within federal jurisdiction. Alberta’s government has been consistent in its response and continues to wait for the federal government to engage meaningfully and make meaningful amendments to the legislation.
Alberta’s government asked the federal government to:
- Eliminate federal encroachment into provincial jurisdiction.
- Recognize equivalency and the ability to fully substitute our provincial environmental assessment for a federal impact assessment.
- Create certainty for industry and increase investor confidence by imposing concrete timelines and curbing ministerial discretion.
- Emphasize that significant adverse effects within federal jurisdiction is the minimum threshold for federal involvement.
- Streamline the process by scoping projects appropriately and placing some parameters on public involvement.
- Focus the public interest decision-making process on significant adverse effects within federal jurisdiction and countervailing positive effects.
“The federal government needs to respect the decisions of the Supreme Court and stop making meaningless attempts to bypass the rulings of Canada’s highest court. The courts agreed with Alberta in the first legal challenge, and we are prepared to fight as many times as is necessary to defend the rights of Albertans against this blatant overreach.”
Related information
Related news
- Continuing to stand up against federal overreach (October 4, 2024)
- Impact Assessment Act remains unconstitutional: Joint Statement (May 13, 2024)
- Impact Assessment Act: Premier and Minister Amery (Apr.16, 2024)
- Supreme Court of Canada ruling: Joint statement (Oct. 13, 2023)
- Appeal of Bill C-69: Minister Shandro (Mar. 21, 2023)
- Nine provinces join Alberta on Bill C-69 appeal: Premier Kenney (July 7, 2022)
- Standing up for Alberta: Statement from Premier (May 10, 2022)
- Bills C-48 and C-69: Statement from Premier Kenney (Jun. 6, 2019)