Question Period Note: Alberta Reference Litigation Regarding The Impact Assessment Act

Alberta Reference Litigation Regarding The Impact Assessment Act

• The Impact Assessment Act (the Act) ensures that sustainable projects can move forward safely.
• It is designed to protect the components of the environment, as well as health, social, and economic conditions that are within federal jurisdiction.
• The Government of Canada maintains that the Act and its regulations are constitutional and in the interest of all Canadians.
• In developing the Act and regulations, the Government of Canada worked with provincial and territorial governments ensuring their views were sought and considered.
• The Government of Canada will continue to work with Alberta and other jurisdictions towards effective and efficient project assessments.

Impact Assessment Act
• The Impact Assessment Act (the “Act”) came into force on August 28, 2019, and repealed the Canadian Environmental Assessment Act, 2012.
• The Act is a planning and decision-making tool used to assess: positive and negative environmental, economic, health, and social effects of proposed projects, and impacts to Indigenous groups and rights of Indigenous peoples. It is designed to protect the components of the environment, and the health, social, and economic conditions that are within federal jurisdiction.
Constitutional Reference Question in Alberta Court of Appeal

• On January 17, 2020, the Attorney General of Alberta filled their factum in the Alberta Court of Appeal alleging that the Act and the Physical Activities Regulations (the Project List) regulate matters beyond the constitutional authority of Parliament under the Constitution Act, 1867.

• Among others, the Attorney General of Ontario and Saskatchewan were granted leave to act as interveners and made submissions to the Court in support of Alberta’s position.

• A hearing on this matter occurred virtually from Feb 22-27, 2021.Redacted

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Canada’s Position

• Canada is taking the position that both the Act and the Physical Activities Regulations (Project List), which describes the projects subject to the Act, are constitutional, within the full jurisdiction of Parliament, and that they respect provincial jurisdiction.

• The Government of Canada worked with provincial and territorial governments throughout the environmental review processes to ensure that their views were sought and considered on legislative and regulatory reform. Provinces and territories had regular calls and meetings with federal departments to provide comment on legislative and regulatory proposals. The Government’s goal was to ensure collaborative environmental assessment practices that respect jurisdictional boundaries.

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