The Saskatchewan government is joining Alberta in a legal challenge against the federal Impact Assessment Act, arguing the legislation continues to overstep into provincial jurisdiction despite amendments passed last year.
Saskatchewan has formally filed to intervene in the case, which will be heard before the Alberta Court of Appeal. The move follows a 2023 Supreme Court of Canada decision that ruled the original form of the law was largely unconstitutional, describing it as a clear example of federal overreach.
The law, formerly known as Bill C-69 and dubbed the "no more pipelines" act by critics, gives Ottawa authority to review and regulate major resource and infrastructure projects based on environmental and climate considerations.
In response to the Supreme Court ruling, former Prime Minister Justin Trudeau introduced amendments to the act in June 2024. However, Saskatchewan says the changes still fall short of respecting provincial control over natural resource development.
“Saskatchewan supports Prime Minister Carney’s goal of Canada becoming an energy superpower,” said Justice Minister and Attorney General Tim McLeod, K.C. “However, the current Impact Assessment Act is a major roadblock in achieving that goal.”
McLeod added that while Saskatchewan remains committed to working with Ottawa, the province will continue to push back against what it sees as unconstitutional interference in its affairs.
Under the Constitution Act, 1867, provinces have exclusive jurisdiction over the development of their natural resources. Saskatchewan argues that the federal Impact Assessment Act continues to duplicate existing provincial regulations and delays project approvals, particularly in western provinces.
The legal challenge comes on the heels of Saskatchewan's recently unveiled “Strong Saskatchewan, Strong Canada Plan,” which outlines ten proposed federal policy reforms. A key pillar of the plan calls for a fundamental overhaul of the Impact Assessment Act to streamline regulatory processes and uphold provincial autonomy.
“Canadians clearly want the federal government to leverage our natural resources to create jobs and grow our economy,” McLeod said. “Prime Minister Carney has an incredible opportunity to unite the country and build the strongest economy in the G7 by respecting provincial jurisdiction.”
The Alberta Court of Appeal has not yet announced a hearing date for the case.
More details on Saskatchewan’s position and legal actions can be found on the provincial government’s website.