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CALGARY – The Canadian Constitution Foundation (CCF) has been granted leave to intervene in Alberta’s new legal challenge to the Impact Assessment Act (IAA), also known as Bill C-69. The Alberta Court of Appeal has agreed to hear the CCF’s arguments as it considers whether the current federal law oversteps constitutional limits by interfering in provincial decision-making on local projects such as highways, mines, and resource development.

In 2023, the Supreme Court of Canada determined most of the IAA was unconstitutional, finding it allowed the federal government to regulate projects outside its jurisdiction. Late last year, Parliament made minor amendments to the act, which Alberta argues do little to render the law constitutional.  

The Government of Alberta is now asking the Alberta Court of Appeal to rule on whether the current version of the IAA continues to violate provincial rights.

The CCF will argue that leaving the IAA in place could seriously weaken Canada’s constitutional division of powers and undermine key principles of federalism, including the principle that each matter belongs exclusively to one order of government. Maintaining clear boundaries between federal and provincial jurisdiction is essential to upholding the rule of law and democratic accountability.

“If the federal government can override provincial authority with vague environmental rules, then no area of provincial life is safe from federal interference,” said Christine Van Geyn, Litigation Director for the CCF. “This case is about restoring constitutional balance and protecting the democratic foundation of Canadian governance.”

CCF Counsel Josh Dehaas said the law “invites the federal government to make decisions in respect of projects like highways and mines that it has no jurisdiction to regulate.”

“Parliament cannot use its exclusive powers over matters like migratory birds and Indians and Lands Reserved for the Indians to stymie provinces trying to exercise their exclusive powers over areas like intra-provincial works and undertakings, property, and natural resources,” he added.

The CCF will be represented in this case by DLA Piper.