Politics · Canada · 2 days ago
Alberta appeal court rules federal project review law still unconstitutional
Alberta’s Court of Appeal has ruled that the federal Impact Assessment Act remains unconstitutional.
The 4-1 decision follows Alberta’s second legal challenge to the law, which sets rules for reviewing proposed projects such as mines, ports and pipelines.
The Supreme Court struck down much of the law in 2023, and Ottawa later changed it.
The appeal court said the revised law still lets the federal government stop projects under provincial jurisdiction because of even a small effect on federal matters.
It said the law gives Ottawa overly broad powers over projects and creates uncertainty about which standards may apply.
Ontario and Saskatchewan supported Alberta’s challenge, and the law has also faced opposition from oil and gas industry players and Conservative Leader Pierre Poilievre.
Ottawa is seeking through Bill C-39 to move reviews of pipeline and energy transmission projects to the Canada Energy Regulator.
The Alberta Court of Appeal ruled that the federal Impact Assessment Act remains unconstitutional in a 4-1 decision.
The court said the revised law still gives Ottawa overly broad powers over projects in provincial jurisdiction.
The ruling followed Alberta’s second challenge to the law, also known as Bill C-69.
Ontario and Saskatchewan backed Alberta’s legal challenge.
Alberta Premier Danielle Smith urged the federal government not to appeal and to work with the provinces to revise the law.
- Who
- The Alberta Court of Appeal ruled on Alberta’s challenge to the federal government’s Impact Assessment Act.
- What
- The court ruled 4-1 that the revised act remains unconstitutional.
- When
- Friday, October 9, 2026.
- Where
- Alberta; the court is in Calgary.
- Why
- The court said the act still gives Ottawa overly broad powers over projects in provincial jurisdiction.
This story does not have two clearly opposing sides.
While Parliament may have the power to create an impact assessment scheme that complements existing regulation in environmental matters, the (Impact Assessment Act) creates great uncertainty due to the potential for previously unpronounced standards to apply to designated projects
This merely exacerbates the concern that a federal assessment scheme might enable the federal government, on the pretext of some narrow ground of federal jurisdiction, to conduct a far-ranging inquiry into matters that are exclusively within provincial jurisdiction.
I’m calling on the federal government to accept this ruling, refrain from yet another appeal, and immediately work with Alberta and the other provinces to clean up this flawed Trudeau-era legislation once and for all so it no longer inhibits economic development in our country,
The Supreme Court struck down much of the Impact Assessment Act.
The Pacific Link pipeline project became the first to receive a national interest designation under the Building Canada Act.
The Alberta Court of Appeal ruled 4-1 that the revised Impact Assessment Act remains unconstitutional.
- Decision
- 4-1
- Law
- Impact Assessment Act, also known as Bill C-69
- Provincial supporters
- Ontario and Saskatchewan backed Alberta’s challenge.
- Pipeline project
- Pacific Link
- Pipeline designation
- First project given a national interest designation under the Building Canada Act
Sources
Related news
Environmental voters in B.C. NDP strongholds consider switching to Green Party
Spruce Grove sees final push for Alberta separation before referendum
Book on Danielle Smith’s rise to premier released ahead of referendum
Cold Lake First Nations challenges Pacific Link pipeline designation in court
Opinion warns Canada’s tower-focused housing policy risks less livable communities
Six provinces and Yukon urge Ottawa to expand mining tax credit
Supreme Court sets sentencing framework for Indigenous intimate partner violence cases
Poilievre to promote Canadian unity in Alberta ahead of Oct. 19 vote
Alberta referendum advance polls set to open this week
Danielle Smith says Alberta vote can show separatism is losing support
Saskatchewan rallies call for repeal of Bill 137
