Alberta Court of Appeal Declares Federal Impact Assessment Act Unconstitutional

A majority of the Alberta Court of Appeal concluded that the federal Impact Assessment Act, also known as Bill C-69, continues to violate provincial authority, even after Ottawa revised the legislation following a 2023 Supreme Court ruling. The court noted that the act still permits the federal government to stop projects in areas of provincial jurisdiction based on minimal federal impacts, creating legal uncertainty. The decision was supported by Ontario and Saskatchewan, which joined Alberta’s legal challenge.

Provincial leaders, including Premier Danielle Smith, praised the judgment as a major win for Alberta. The ruling arrives as the federal government and Alberta collaborate on a new West Coast oil pipeline and as the government considers transferring assessment duties to the Canada Energy Regulator under Bill C-39. Federal Environment Minister Julie Dabrusin’s office said the decision is under review.