Ottawa has decided against appealing an Alberta Court of Appeal ruling that its Impact Assessment Act remains unconstitutional and plans to amend the law instead. Amy Falkner, press secretary to Environment Minister Julie Dabrusin, said Ottawa will amend the act in response to the opinion and will give details later.
Falkner said a faster, more predictable review process that still safeguards the environment and Indigenous rights is central to the government’s push for long-term prosperity. The amendments will sit alongside the government’s separate Bill C-39, which would hand the Canada Energy Regulator sole authority to assess designated pipelines and certain power lines.
The Alberta court ruled 4-1 on October 9 that Ottawa’s 2024 amendments did not fix the problems the Supreme Court of Canada found in 2023, when it struck down much of the act. The majority held that the law still lets Ottawa halt a project in provincial jurisdiction over the smallest effect on federal jurisdiction. Justice Kevin Feehan dissented. Premier Danielle Smith hailed the ruling as a “big win” for Alberta on October 9 and asked Ottawa to accept it.
Ecojustice, which had urged Ottawa to appeal, called the choice a source of significant uncertainty for environmental protection.
