Alberta returns to court to contest federal Impact Assessment Act amendments

The Alberta government is once again asking the courts to strike down Ottawa’s Impact Assessment Act, arguing that recent amendments still infringe on provincial jurisdiction over natural resources and development.

The Alberta Court of Appeal began hearing arguments in Calgary this week in the province’s renewed constitutional challenge. The legislation, first enacted in 2019, establishes a federal review process for major infrastructure and resource projects, including pipelines, mines and energy developments, assessing potential environmental, economic, health and social impacts.

Alberta has consistently opposed the law, maintaining that it gives the federal government too much authority over projects that fall within provincial control. The dispute previously reached the Supreme Court of Canada, which ruled that significant portions of the original legislation exceeded Parliament’s constitutional authority.

In response to that ruling, the federal government revised the law to narrow its scope and address constitutional concerns. However, Alberta argues the updated version continues to intrude on areas reserved for provinces under the Constitution, particularly in sectors central to Alberta’s oil and gas economy.

The outcome of the latest court hearing could have implications beyond Alberta, as other provinces and industry groups closely watch how federal environmental oversight is balanced with provincial resource management powers. The case also carries economic significance for Western Canada, where energy project approvals remain a key public policy issue.