Ottawa’s Impact Assessment Act Still Unconstitutional, Alberta Appeals Court Rules
The court’s fundamental concern was that Ottawa could regulate an entire provincial project instead of limiting its decisions to effects within its area.
TL;DR
- Alberta's Court of Appeal has declared the federal Impact Assessment Act unconstitutional.
- The ruling states the act infringes upon provincial jurisdiction.
- Modifications made to the act after a Supreme Court ruling did not resolve the constitutional concerns.
- The court is concerned about the federal government's broad authority to regulate and potentially block provincial projects.
- The federal government's potential to regulate entire provincial projects, not just effects within its jurisdiction, is a key issue.