Alberta Court of Appeal Says Ottawa's Impact Assessment Act Is Still Unconstitutional
The 4-1 ruling says the revised law still gives Ottawa overly broad powers over projects in provincial jurisdiction.
- On Friday, The Alberta Court ruled in a 4-1 decision that the Impact Assessment Act, formerly Bill C-69, remains unconstitutional because it infringes on provincial jurisdiction.
- The Court wrote that the Act creates "great uncertainty" by allowing the Federal Government to conduct inquiries into matters exclusively within provincial jurisdiction, despite previous modifications.
- Alberta Premier Danielle Smith celebrated the ruling as "yet another big win for Alberta," while Former Alberta premier Jason Kenney dubbed the legislation the "no more pipelines act."
- Environment Minister Julie Dabrusin stated the Federal Government is reviewing the decision and considering next steps while maintaining commitment to co-operative federalism.
- Through Bill C-39, Ottawa is attempting to transfer pipeline assessment processes to the Canada Energy Regulator, though the regulator remains bound by the contested Impact Assessment Act provisions.
28 Articles
28 Articles
Alberta Court of Appeal says Ottawa's Impact Assessment Act is still unconstitutional
In a decision issued Friday, the court said that even though Ottawa modified the law after the Supreme Court struck down much of it in 2023, the new law still infringes on provincial jurisdiction.
Alberta Court of Appeal says Ottawa’s impact assessment act is still unconstitutional
OTTAWA — The Alberta Court of Appeal has ruled that the federal government's Impact Assessment Act is still unconstitutional. In a decision issued today, the court said that even though Ottawa modified the law the after the Supreme Court struck down mu...
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.
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