The Canadian Association of Petroleum Producers (CAPP) is reviewing Friday’s Supreme Court of Canada decision on the constitutionality of the Impact Assessment Act but does say it is pleased that the decision by Canada’s highest court affirms the roles of each level of government.
CAPP served as an intervener in this process and agreed with the Alberta Court of Appeal which found in 2022 that the law went beyond the federal government’s powers. CAPP says it agreed with the Alberta Court of Appeal that the provinces are best positioned to review and regulate resource development.
Last March, Saskatchewan was part of the constitutional intervention, along with seven other provinces, before Canada’s top court, arguing that the Impact Assessment Act had exceeded federal jurisdiction. Justice Minister and Attorney General Bronwyn Eyre says the Supreme Court decision reasserts provinces’ rights and primary jurisdiction over natural resources, the environment and power generation.
The Government of Saskatchewan’s passed The Saskatchewan First Act, which came into force September 15th, which it says was to counter the federal government’s attempts to interfere in matters of provincial jurisdiction.
Calling it a great day for taxpayers and resource workers, the Canadian Taxpayers Federation is celebrating the Supreme Court of Canada’s ruling against the Impact Assessment Act. The CTF were also official interveners at the Supreme Court. The Conservatives have nicknamed the Act the no more pipelines act. The Supreme Court ruled against the Impact Assessment Act, which was passed by the Trudeau government in 2019.
Franco Terrazzano, CTF Federal Director says, “This means the feds can’t use this law to stop premiers like Scott Moe or Danielle Smith or François Legault from developing resources to create jobs for people in their provinces.” The CTF’s lawyer argued the law blurs federal and provincial accountability for resource development and creates duplication within federal and provincial bureaucracies. The bill, as it was passed in 2019, allowed the federal government to take into account the impact of factors like climate change when assessing major natural resource projects.