Ottawa’s Impact Assessment Act Still Unconstitutional, Alberta Appeals Court Rules

The court’s fundamental concern was that Ottawa could regulate an entire provincial project instead of limiting its decisions to effects within its area.
Ottawa’s Impact Assessment Act Still Unconstitutional, Alberta Appeals Court Rules

Alberta’s Court of Appeal has ruled that the federal Impact Assessment Act is unconstitutional, infringing on provincial jurisdiction. The court found that despite modifications made in response to a previous Supreme Court ruling, the act still grants the federal government excessive authority to regulate and block provincial projects. The core issue identified was Ottawa’s potential to regulate entire provincial projects rather than focusing solely on effects within federal jurisdiction.

  • Alberta’s Court of Appeal has declared the federal Impact Assessment Act unconstitutional.
  • The ruling states the act infringes upon provincial jurisdiction.
  • Modifications made to the act after a Supreme Court ruling did not resolve the constitutional concerns.
  • The court is concerned about the federal government’s broad authority to regulate and potentially block provincial projects.
  • The federal government’s potential to regulate entire provincial projects, not just effects within its jurisdiction, is a key issue.
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