REGINA — Saskatchewan is intervening in support of Alberta's legal action to challenge the federal Impact Assessment Act before the Alberta Court of Appeal.
On Oct. 13, 2023, the Supreme Court of Canada ruled in a 5-2 decision that the Impact Assessment Act was a clear example of federal government overreach into provincial jurisdiction. In response to the decision, former Prime Minister Justin Trudeau passed amendments to the Impact Assessment Act in June 2024.
The Constitution Act, 1867 provides the provinces with exclusive jurisdiction over the development of natural resources. Amendments to the Impact Assessment Act made in 2024 do not go far enough to protect Saskatchewan from federal government overreach into provincial jurisdiction, the Saskatchewan government states in a press release.
"Saskatchewan supports Prime Minister Carney's goal of Canada becoming an energy superpower, and we will continue to work with the federal government in adopting our Strong Saskatchewan, Strong Canada plan," Justice Minister and Attorney General Tim McLeod, K.C. said.
"However, the current Impact Assessment Act is a major roadblock in achieving that goal. We remain committed to standing up for resource development across Canada, particularly in resource-rich western provinces like Saskatchewan and Alberta.
The Saskatchewan government’s "Strong Saskatchewan, Strong Canada Plan" outlines 10 policy changes the federal government can make to start a new, more positive relationship with Saskatchewan, McLeod says.
Under the plan, Saskatchewan called for the fundamental reform of the Impact Assessment Act, outlining the need for streamlined processes to avoid duplication and infringement into provincial jurisdiction.
"Canadians clearly want the federal government to leverage our natural resources to create jobs and strengthen our provincial and national economies," McLeod said. "Prime Minister Carney has an incredible opportunity to unite Canadians and build the strongest economy in the G7 by amending the Impact Assessment Act to respect provincial jurisdiction."
The Alberta Court of Appeal has not yet set a date for the hearing of this challenge.