Calgary (Rajeev Sharma): Alberta’s legal challenge to the federal Impact Assessment Act has received another boost after the province’s Court of Appeal ruled the amended legislation unconstitutional, with the federal government agreeing not to appeal the decision.
Premier Danielle Smith and Justice Minister Mickey Amery welcomed the development in a joint statement issued on November 12, describing it as a significant outcome for provincial jurisdiction and resource development.
The dispute centres on Bill C-69, legislation that critics have referred to as the “no new pipelines” law. Alberta argued that changes introduced by Ottawa in 2024 did not address the constitutional concerns raised by the Supreme Court of Canada in its 2023 ruling, which found much of the original legislation unconstitutional.
Following the federal amendments, Alberta referred the revised Impact Assessment Act to the provincial Court of Appeal for another constitutional review. The latest ruling has upheld the province’s concerns, according to the Smith government.
Premier Smith said the decision was important for Alberta’s resource sector, workers and businesses, as well as for Canada’s broader economic development. She maintained that the province had sought changes to the federal framework for years, working alongside industry representatives and businesses.
Amery calls for changes to federal legislation
Justice Minister Mickey Amery said the ruling reinforces the constitutional division of powers between provincial and federal governments. He welcomed Ottawa’s decision not to appeal and said the federal government would need to make substantial changes to the legislation.
According to Amery, the changes should remove federal involvement in infrastructure projects that fall within provincial jurisdiction. He said Alberta would continue pursuing its energy and economic development objectives while defending its constitutional authority.
The minister also called for cooperation between Alberta and Ottawa, while stressing that the province would challenge federal measures it considers an infringement on provincial rights.
Pipeline and resource development debate continues
The legal dispute has been a major point of disagreement between Alberta and the federal government over the regulation of major infrastructure and energy projects.
Smith and Amery said the court’s decision could support responsible development of Canada’s natural resources and help create conditions for investment and employment. They also urged the federal government to work with Alberta on a regulatory framework that respects provincial powers.
The federal government’s decision not to appeal means the ruling will not face a further challenge from Ottawa. The provincial government is now calling for the promised legislative changes to address the constitutional issues identified by the courts.
