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Lost focus: Supreme Court finds Impact Assessment Act unconstitutional

By Dan Collins, Laura Estep, and Bernie (Bernard) J. Roth, KC
October 18, 2023
  • Energy
  • Environmental
  • ESG
  • Regulatory
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On October 13, 2023, the Supreme Court of Canada released its highly-anticipated judgment on constitutional challenges to the federal Impact Assessment Act (IAA) raised by the Province of Alberta. In a 5-2 split decision, a majority of the Court concluded that, while the federal government is permitted to create a federal impact assessment regime, the current “designated projects” scheme created by the IAA is beyond the legislative authority of the federal government and therefore unconstitutional. A small portion of the IAA concerning projects carried or financed by federal authorities was not challenged by Alberta and was upheld by the Court as being within Parliament’s legislative authority. The decision follows a May 2022 ruling by the Alberta Court of Appeal which also held that the IAA was beyond Parliament’s legislative authority.

Read the complete article here.

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Dan Collins

About Dan Collins

Dan joined Dentons in 2013 as a summer student and now practices as an associate in Dentons’ Energy Regulation group in Calgary. Dan is developing a practice in the areas of energy regulation, environmental, and aboriginal law.

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Laura Estep

About Laura Estep

Laura is a member of Dentons' Energy Regulatory practice group in Calgary and is also a member of the Dentons Canada Board. She has significant experience in assisting major energy companies through all stages of the regulatory process including representation before the Canadian Energy Regulator, the Alberta Utilities Commission, and the Alberta Energy Regulator.

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Bernie (Bernard) J. Roth, KC

About Bernie (Bernard) J. Roth, KC

Bernard practices in the Firm’s Energy Regulation practice group in Calgary. His experience in this area has focused on administrative law.

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