The Alberta government says it will take Ottawa to court after the federal government failed to meet a four-week deadline the province gave it to address concerns about the amended Impact Assessment Act (IAA).
Alberta officials said they filed the case with the province’s Court of Appeal on the morning of Nov. 28 after not receiving a response from Ottawa by the deadline the province
announced on Oct. 4. The legal case challenges the constitutionality of the amended Impact Assessment Act, which the province says gives the federal government control over projects that fall under Alberta’s “exclusive jurisdiction.”
“We gave the federal government four weeks to respond to our concerns, but they did not meaningfully address them,” Alberta Justice Minister Mickey Amery said at a Nov. 28
press conference. “Alberta will not be ignored. Since the federal government is not willing to cooperate with us, we are taking them right back to court again.”
The assessment act, previously known as Bill C-69, introduces federal environmental requirements for major projects such as pipelines.
Alberta says the legislation places unnecessary burden on projects and challenged its constitutionality in court, saying it infringes on provincial jurisdiction.
The Supreme Court of Canada in October 2023
ruled that the act was “largely unconstitutional,” prompting the federal government to amend the legislation,
effective June 20.
Premier Danielle Smith said her province was not “meaningfully consulted” during the amendment process “despite repeated requests,” and on Oct. 3 she sent
a letter to Prime Minister Justin Trudeau with a list of proposed amendments to address the province’s “ongoing concerns.”
“The Impact Assessment Act has made the approval process so long and complicated that potential investors are simply going to take their money someplace else,” Smith said at the Nov. 28 press conference. “Capital is mobile. It goes where it can get the highest and safest returns, and Canada is increasingly seen as a risky investment.”
Alberta’s proposed amendments include setting concrete approval timelines “to give investors more certainty,” recognizing provincial environmental assessments as equivalent to federal ones, and limiting government overreach.
The federal government
said in June that its
amended act responds “meaningfully” to the Supreme Court’s decision, addressing decision-making on areas “of clear federal jurisdiction” and enhancing “flexibility to cooperate with other jurisdictions in support of cooperative federalism.”
The act’s stated
purpose is to “foster sustainability” and protect the environment from “adverse” effects from any major project. Federal Environment Minister Steven Guilbeault
has said the legislation will help assess projects in a timely manner, while ensuring they do not affect the ecosystem or indigenous rights.
Alberta Opposition NDP Leader Naheed Nenshi said the provincial government’s legal action won’t solve the problem.
“The Harper-era regulations didn’t work, and neither did the Trudeau Bill C-69. But the Smith government has no solutions to offer,” Nenshi
wrote on social media platform X on Nov. 28. “Just constantly hiring lawyers and going to court, with unknown fees, won’t get what we need.”
Alberta first challenged the constitutionality of the Impact Assessment Act in September 2019. Then-Alberta Premier Jason Kenney dubbed it the “No More Pipelines Act,” due to the regulatory burden the province said the legislation created.
Alberta has opposed other environmental initiatives by Ottawa, such as its oil and gas emissions cap. Earlier this week, the provincial government
announced it would file a motion under its Sovereignty Act, allowing the province to take countermeasures if the emissions cap becomes law.
Amery told reporters the province has 10 active challenges against Ottawa. They include four reviews related to the federal firearms ban, two related to the
Emergencies Act, one challenge to the plastics ban, another to the Fertilizers Act, and
a challenge to the home heating carbon tax exemption.
