The Government of Alberta is prepared to launch another legal challenge against the federal government for its unconstitutional Impact Assessment Act. Alberta Premier Danielle Smith has sent a letter to Prime Minister Justin Trudeau with a four-week deadline to receive a satisfactory response to the province’s concerns before once again bringing the federal government to court for its unconstitutional legislation.

Since the Oct. 13, 2023 Supreme Court of Canada decision on the unconstitutionality of the Impact Assessment Act, Alberta has made repeated requests for the federal government to share details of its amendments with the province, to no effect. The Premier’s letter cites grave concerns about the lack of meaningful consultation with the province and the federal government’s clear refusal to engage with Alberta on the legislation and its flawed amendments.

“The federal government continues to play politics and cater to activists with the amendments passed in June. Since this deeply flawed and unconstitutional legislation was first tabled, we have fought to defend our jurisdiction and stand up for Alberta’s economy and rights. The Supreme Court of Canada agreed with us in its ruling of a year ago, but it is clear the federal government is unwilling to acknowledge its gross overreach. We will not stand down on this issue, and we’ve drafted a list of the amendments needed to make the legislation constitutional. We expect the federal government to implement these changes promptly.”

Danielle Smith, Premier of Alberta

On June 20, the federal government passed amendments to the Impact Assessment Act as part of a large omnibus budget bill. Those amendments were not meaningfully consulted on and do not address the issues with the legislation that have been raised repeatedly, and do not correct the constitutional deficiencies identified by the Supreme Court of Canada. The amended legislation remains unconstitutional and continues to allow the federal government to encroach into provincial jurisdiction.

Additionally, the federal government’s Impact Assessment Act continues to create uncertainty for major infrastructure projects by allowing Ottawa to derail, delay and interfere in virtually any project. Alberta’s government is now calling for action before it is too late.

To address this, Alberta’s government is calling on the federal government to immediately:

  • eliminate federal encroachment into provincial jurisdiction.
  • recognize equivalency and the ability to fully substitute our provincial environmental assessment for a federal impact assessment.
  • create certainty for industry and increase investor confidence by imposing concrete timelines and curbing ministerial discretion.
  • emphasize that significant adverse effects within federal jurisdiction is the minimum threshold for federal involvement.
  • streamline the process by scoping projects appropriately and placing some parameters on public involvement.
  • focus the public interest decision-making process on significant adverse effects within federal jurisdiction and countervailing positive effects.

“Alberta’s concerns with the Impact Assessment Act must be addressed immediately for the legislation to be constitutionally compliant. Should the federal government insist on ignoring the clear issues identified by the Supreme Court of Canada, Alberta is prepared to bring forward another legal challenge to defend our jurisdiction.”

Mickey Amery, Minister of Justice and Attorney General

“The federal government is ignoring the courts and Canadians. Ottawa appears dead set on damaging our economy, putting investment and jobs at risk and once again violating the Canadian constitution. Canadians and Albertans deserve better.”

Rebecca Schulz, Minister of Environment and Protected Areas

Alberta is reiterating the necessity for the following project types (new and expansions) to be removed from Canada’s five-year review of the Physical Activities Regulations (also known as the Project List): in situ oil sands, power plants, oil refineries, petroleum storage facilities, liquid natural gas projects and highways.

Alberta’s government will continue to contest the federal government’s ongoing unconstitutional encroachment into matters falling within exclusive provincial jurisdiction. The province is exploring all options to oppose these unconstitutional federal actions and stand up for Albertans.

Editor’s note: This version has been updated from the previous version.

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