In a somewhat unexpected decision last week, the Supreme Court of Canada deemed that the federal impact assessment scheme under the Trudeau government’s Impact Assessment Act was largely unconstitutional.
It’s a major decision that could have far-reaching consequences for Canadian energy policy and federal-provincial relations more generally.
At question was whether the federal government had the ability to regulate projects carried out or financed by federal authorities on federal lands or outside Canada. The federal government argued that although the regulation of natural resource projects is generally a provincial responsibility, the emissions and environmental effects of such projects means that federal jurisdiction is impacted. The Supreme Court disagreed ...CLICK HERE for the full story
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