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Feds won't appeal Alberta court ruling that Impact Assessment Act is unconstitutional
Ottawa will amend the law instead, as a 4-1 Alberta Court of Appeal ruling again found it intrudes on provincial jurisdiction.
On Thursday, the federal government announced it will amend the Impact Assessment Act after the Alberta Court ruled the legislation remains unconstitutional. Ottawa confirmed it will not appeal the court's 4-1 decision, opting to modify the law instead.
First passed by Justin Trudeau's government in 2019 as Bill C-69, the IAA faced significant opposition from oil and gas industry players. Critics, including Alberta Premier Danielle Smith, dubbed the legislation the "no more pipelines act" due to jurisdictional concerns.
Environment Minister Julie Dabrusin's press secretary, Amy Falkner, said the government aims to create an "efficient, predictable, and transparent regulatory process." Falkner added amendments will supplement changes proposed in the Building Canada Strong Act, or Bill C-39.
Former premier Christy Clark welcomed the decision as a "great day for Canada," noting Ottawa has stopped intruding on provincial jurisdiction. Conversely, Ecojustice climate director Charlie Hatt expressed disappointment, warning the decision creates "significant uncertainty about the future of impact assessment."
The federal government is currently advancing the Building Canada Strong Act, which seeks to transfer the assessment process for pipelines and power lines to the Canada Energy Regulator. This legislation is expected to enter clause-by-clause consideration at committee on Monday.