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ARTICLE · 15 JUNE 2022

Alberta's Highest Court Finds Federal Impact Assessment Legislation Unconstitutional

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The Alberta Court of Appeal finds that the Impact Assessment Act over-reached federal authority.

CanadaEnvironment
Bridget Gilbride
Bridget Gilbride
Courtney Gibbons
Courtney Gibbons
Marie Aspiazu
Marie Aspiazu
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The Alberta Court of Appeal finds that the Impact Assessment Act over-reached federal authority.

On May 10, 2022 the Alberta Court of Appeal (ABCA) rendered its opinion, sought by the Alberta government led by Premier Jason Kenney, regarding the constitutionality of the federal Impact Assessment Act (IAA) and Physical Activities Regulations (Regulations). 1

The Alberta government referred two questions to the ABCA:

1. Is the IAA unconstitutional, in whole or in part, as beyond the legislative authority of the Parliament of Canada?

2.Are the Regulations unconstitutional, in whole or in part, by purporting to apply to certain activities that relate to matters entirely within the legislative authority of the provinces?

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