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CALGARY – Tomorrow morning, the Canadian Constitution Foundation (CCF) will appear before the Alberta Court of Appeal as an intervener in the Alberta government’s challenge to the federal Impact Assessment Act (IAA). The hearing will be available for virtual viewing via Webex here.

In 2019, Parliament passed the IAA, granting the federal environment minister broad authority to halt and veto projects such as highways, mines, and natural resource developments, including those primarily in provincial jurisdiction.

In 2023, the Alberta government requested a non-binding reference opinion from the Supreme Court of Canada on the constitutionality of the IAA. The Supreme Court found most of the Act unconstitutional for allowing the federal government to regulate projects beyond its jurisdiction. In response, the federal government amended the IAA slightly, which Alberta argues does little to fix the Constitutional problems identified by the Supreme Court.

This week, the Alberta Court of Appeal will consider whether the amended version of the IAA continues to impermissibly intrude into areas of exclusive provincial authority. The Alberta Court of Appeal will hear three days of arguments, and at a later date deliver a non-binding opinion on the Constitutionality of the revised IAA. 

The CCF will make a number of arguments on February 25 including that the reference in the amended Act to “non-negligible adverse effects” is not a meaningful principle for limiting the federal intrusions, and that the designated projects scheme remains a project-wide regulatory scheme rather than focusing on federal effects. Josh Dehaas, Litigation Director for the CCF, said the case is about preventing federal overreach and restoring Constitutional guardrails.

“The Constitution assigns responsibility for local works and natural resources to the provinces, and the Supreme Court has confirmed that Parliament cannot use broadly framed federal powers to control projects that are primarily provincial in nature,” said Dehaas. “Federal control over those matters blurs lines of accountability and makes it harder for voters to hold the proper level of government responsible for its decisions.”

The CCF is being represented in this case by Heather Treacy K.C. and Marlé Riley from DLA Piper (Canada) LLP.