Appeals court: Impact Assessment Act remains unconstitutional

Key Takeaways:

• The Alberta Court of Appeal ruled 4-1 that Ottawa’s amended Impact Assessment Act continues to exceed federal constitutional jurisdiction over natural resources.
• The decision stems from a November 2024 provincial legal challenge following minor federal amendments to the law after the Supreme Court of Canada struck down key provisions in 2023.
• Premier Danielle Smith and Justice Minister Mickey Amery called on the federal government to accept the ruling and work collaboratively with Alberta to revise the legislation.

The Whole Story:

The Alberta Court of Appeal has ruled 4-1 that the federal Impact Assessment Act remains unconstitutional, finding that Ottawa’s amended environmental assessment framework continues to intrude on provincial jurisdiction.

The ruling follows a constitutional reference filed by the Alberta government in November 2024 to challenge revised federal legislation. The federal government had introduced minor amendments to the Act after the Supreme Court of Canada determined in 2023 that the original legislation—formerly known as Bill C-69—was largely unconstitutional. However, the provincial court affirmed that the amended framework still overreaches federal authority.

Alberta Premier Danielle Smith and Justice Minister Mickey Amery welcomed the appellate court’s decision in a joint statement, framing the ruling as a victory for provincial resource rights and national economic growth.

“We are pleased the Alberta Court of Appeal has once again ruled that the Impact Assessment Act remains unconstitutional,” Smith and Amery said. “Today, the Alberta Court of Appeal ruled that the Impact Assessment Act remains unconstitutional. This is a win for Albertans, and for all Canadians who want a strong economy powered by the responsible development of natural resources.”

The Alberta government called on Ottawa to accept the ruling rather than pursuing further legal challenges, urging federal ministers to collaborate with the province to overhaul the legislation.

“Our focus remains on Alberta’s future as a world-leading energy superpower and advocating for our jurisdiction over our natural resources to be respected,” the statement continued. “Alberta is calling on the federal government to accept the court decision and work with Alberta to repair this flawed law so it no longer undermines Canada’s ability to build and grow our economy.”