e-4012 (Justice)

Former Bill C-69, now the Impact Assessment Act (the Act), came into force on August 28, 2019. The Act is designed to protect the environment, ensure sustainable projects can move forward safely, and instill public confidence in how the Government of Canada makes decisions concerning major resources projects.

This Act delivered on an important promise that the Government of Canada made to Canadians to reform a flawed process. The Government worked with provincial and territorial governments, and Indigenous governments when developing the new legislation to ensure their views were considered and jurisdictional responsibilities were respected while working towards a common goal – meeting the needs of Canadians and preserving their livelihood for years to come.

On January 17, 2020, the Attorney General of Alberta submitted a reference question to the Alberta Court of Appeal asking it to opine on the constitutionality of the Act and the Physical Activities Regulations (Project List). On May 10, 2022, the Alberta Court of Appeal issued its opinion that both the Act and the Project List intrude on provincial jurisdiction. The opinion of the Alberta Court of Appeal is advisory in nature and as such, the Act and its regulations remain in force.

The Government of Canada is confident that the Act and the Project List are constitutional, which is why the Alberta Court of Appeal’s opinion was appealed to the Supreme Court of Canada on June 8, 2022. The Supreme Court of Canada heard arguments on March 21–22, 2023 and reserved its opinion, meaning it will be issued at a later date. The Government looks forward to reviewing the opinion in due course and will consider it carefully. In the meantime, the Government is committed to continuing to work with provinces, Indigenous partners and stakeholders on effective and efficient implementation of the Act and the Project List.