The Changing Environment Of Federal Impact Assessment

In a landmark constitutional reference released in late 2023 (IAA Reference), a majority of the Supreme Court of Canada found Canada's federal scheme for assessing and regulating major resource and infrastructure developments largely unconstitutional. The majority's opinion effectively mandated a rewrite of the Impact Assessment Act (IAA) in a manner that respects the constitutional division of powers between the provinces and federal government. It also invited Parliament and the provinces to seek "cooperative solutions" to restore harmony in the regulation of major projects.

In response, Parliament released [PDF] its amendments in April, which the Minister of Natural Resources noted were done in a "relatively surgical way", all of which have since come into force without amendment. Unfortunately, the revisions fall short of the "cooperative solutions" that a number of project proponents hoped would ensue following the IAA Reference. The amendments leave