Impact Assessment Act ‘unconstitutional’ says Alberta Court of Appeal, Ottawa to challenge

The Impact Assessment Act passed by the federal government in 2019 infringes on provincial jurisdictions and is therefore unconstitutional, the Alberta Court of Appeal ruled in a ruling on Tuesday.

Four out of five justices believe the Act “is a classic example of legislative encroachment” that poses an “existential threat” to the country’s Constitution.

Federal government ministers quickly let it be known that Ottawa will appeal the decision, passing the case on to the Supreme Court.

“Our position is that the law remains constitutional and we will appeal it,” Natural Resources Minister Jonathan Wilkinson said Tuesday afternoon.

The latter recalled the history of the carbon tax had also been the subject of legal challenges from Alberta, Ontario and Saskatchewan.

The Supreme Court had finally ruled in 2021 that the tax was indeed constitutional.

The Impact Assessment Act was intended to strengthen controls related to the environment and other social factors such as gender parity and the impact on indigenous communities regarding major projects.

“This law puts in place better rules for major projects that restore trust, protect the environment, advance reconciliation and ensure that good projects can move forward in a timely manner so that we can grow our economy. and create good jobs,” said Environment and Justice Ministers Steven Guilbeault and David Lametti in a joint statement.

The challenge to the Impact Assessment Act was the initiative of Alberta Premier Jason Kenney, supported by Premiers of Ontario Doug Ford and Saskatchewan Premier Scott Moe.

Mr Kenney said the decision was a ‘historic victory for Alberta’.