Business groups applaud Supreme Court ruling against federal environmental impact law

The federal Impact Assessment Act, formerly known as Bill C-69, lays out the process for assessing the environmental impacts of major project development in this country and lists activities that would trigger a federal review.

In the ruling Friday, five out of seven judges said the Impact Assessment Act is largely unconstitutional, because it seeks to regulate activities that fall within provincial jurisdiction. A report from the Canada West Foundation published earlier this year found that of the 25 projects submitted under the federal Impact Assessment Act since 2019, almost all remain in the first two phases of a four-part approvals process.

In a statement Friday, Canadian pipeline giant Enbridge Inc. said it has been watching the legal wrangling over the law with great interest. The company has said that Canada must improve its regulatory system if it is to have a chance at building the billions of dollars’ worth of new infrastructure that will be required to meet its net-zero emissions goals.

In a statement, Alberta Premier Danielle Smith said the federal impact assessment legislation has been responsible for the loss of tens of billions in investment and thousands of jobs across many provinces and economic sectors.

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