The federal government says it will amend the Impact Assessment Act after an October Alberta Court of Appeal ruling found parts of the law infringe on provincial jurisdiction.
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In October, the Alberta Court of Appeal ruled that parts of the federal Impact Assessment Act still infringe on provincial jurisdiction, despite modifications made by Ottawa after the Supreme Court struck down much of the law in 2023.
The court said the act creates “great uncertainty” because it allows standards that could apply to designated projects, and it can enable Ottawa to conduct a “far-ranging inquiry” into matters that the court said fall exclusively under provincial jurisdiction, even when projects have the “smallest impact” on federal jurisdiction.
The federal government says it will not appeal the decision. Environment Minister Julie Dabrusin’s office said Ottawa will instead amend the act to account for the ruling.
In a media statement, press secretary Amy Falkner said details of the amendments will be confirmed later and that, in the interim, the Impact Assessment Agency of Canada will work with project proponents on the “best path forward” as amendments are finalized.
Falkner did not provide a timeline for releasing the changes, but said they would be coordinated with Bill C-39, which is before Parliament. She said the bill would, among other measures, cut review times and remove the Impact Assessment Agency of Canada’s responsibility to review pipelines and power transmission lines, as well as nuclear and uranium projects.
Ottawa said those projects would be reviewed instead by the Canada Energy Regulator and the Canadian Nuclear Safety Commission, respectively. The government said the Canada Energy Regulator would be bound by the Impact Assessment Act for those reviews, a requirement that has now been found unconstitutional by the court.
The Impact Assessment Act, also known as Bill C-69, has been opposed by oil and gas industry groups and has been criticized by federal Conservatives and Alberta Premier Danielle Smith as a barrier to pipelines. In October, Smith urged Ottawa to accept the ruling and not launch another appeal.
Conservative Leader Pierre Poilievre has also called for the bill to be repealed altogether.
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