On May 10, 2022, the Alberta Court of Appeal released its
decision on the constitutionality of the federal Impact
Assessment Act (IAA).
The main issue before the Court was whether the application of
the IAA to intra-provincial projects was outside the federal
government's constitutional jurisdiction. The majority of the
five-judge panel said the IAA is unconstitutional because it
intrudes on provincial decision-making power over the development
of natural resources.
One dissenting justice would have found that the IAA is
constitutional because it only regulates "effects" within
federal jurisdiction, such as fish habitat, effects on Indigenous
peoples, or federal lands that fall within the scope of the federal
government's regulatory power.
