The government will be seeking ‘the shortest path forward’ to bring the Impact Assessment Act into compliance with the Constitution, as stated by Environment Minister Steven Guilbeault. The act is being modified in response to the Supreme Court of Canada’s ruling that found it to be unconstitutional. Mr. Guilbeault emphasized that the government’s policy intent is to prevent adverse environmental effects within federal jurisdiction and that this has always been their mission.
During a press conference on October 26, Mr. Guilbeault expressed their commitment to working towards a solution that benefits Canadians, the economy, and the environment. The Supreme Court ruling on October 13 deemed the Impact Assessment Act of 2019 largely unconstitutional. Chief Justice Richard Wagner acknowledged the importance of environmental protection but emphasized the need for the government to operate within the framework laid out in the Constitution.
Alberta had previously challenged the constitutionality of Bill C-69, dubbing it the “No More Pipelines Act” due to the burdensome regulations it imposed on pipeline construction. The law was contested by Alberta, other provinces, and First Nations groups, who argued that it encroached upon provincial jurisdiction. Conservative Leader Pierre Poilievre responded to the court ruling by accusing Ottawa of violating Canadians’ constitutional rights to develop their own resources.
Moving forward, Mr. Guilbeault announced that the federal government would seek the shortest path to comply with the Constitution. Interim guidance has been provided to project proponents, pausing Mr. Guilbeault’s authority to conduct assessments until the amendments take effect. However, regional assessments will continue for specific projects such as the Ring of Fire projects in Ontario and offshore wind turbine projects in Nova Scotia and Newfoundland and Labrador. These assessments aim to gather information on the impacts of the projects.
While Mr. Guilbeault did not provide a timeline for the introduction of the updated legislation, he acknowledged the need to move swiftly. There will be targeted consultations, particularly with Indigenous nations, but he emphasized the urgency of addressing the issues highlighted by the Supreme Court. He noted that there are elements of the act, such as the vague and undefined concept of public interest, that need further scrutiny and clarification to ensure compliance with the Constitution.