ATHABASCA/BARRHEAD/WESTLOCK - The Alberta Court of Appeal’s recent ruling regarding the unconstitutionality of the federal government’s Bill C-69, deemed the ‘No More Pipelines’ bill by opponents, is receiving praise from Albertan officials across the board.
Officially titled, the Impact Assessment Act, Bill C-69 received royal assent in June 2019 with the aim of overhauling how major infrastructure projects are reviewed and approved in Canada, and was immediately met with criticism, and a legal challenge from the Alberta government, which argued the federal government was overstepping its authority, calling it a “Trojan Horse.”
On May 10, the majority of judges on Alberta’s top court agreed, saying it was a "breathtaking pre-emption of provincial authority" and that if the federal government disagrees “it should make the case for an increase in its jurisdiction to the Canadian public."
"Intra-provincial activities are not immune from federal government regulation, providing that regulation remains within the constitutional dividing lines," wrote Chief Justice Catherine Fraser.
The non-binding decision recognizes there are legitimate concerns regarding the environment and climate change, but they do not outweigh the division of powers granted in the Canadian constitution.
Both Prime Minister Justin Trudeau and Justice Minister David Lametti have said the Canadian government will appeal the ruling, which will go before the Supreme Court of Canada.
Lakeland MP Shannon Stubbs, who is also Shadow Minister for Rural Economic Affairs and Broadband commended the court’s ruling “that the Liberal government’s heavy-handed approach violates provincial jurisdiction over resource development.
“I said from day one that Bill C-69 would make it impossible for resource developers, and oil and gas companies in particular, to proceed with large-scale projects and ensure that no new major resource infrastructure like pipelines would be proposed in Canada again because of rules for assessments create more uncertainty, duplication, and double standards, which would continue to drive money and jobs into other countries,” Stubbs said in a May 10 media release.
She accused the Liberal government of being “anti-energy” and pitting Canadians against each other over natural resources, saying it has “devastated Alberta’s economy, eliminated hundreds of thousands of good-paying jobs in the resource sector and driven away hundreds of millions of dollars in new investments across Canada. She called the scope of Bill C-69 “truly disturbing.”
Peace River – Westlock MP Arnold Viersen echoed Stubbs’ sentiments in his own media release May 12.
“This is great news for Alberta and a win for oil and gas workers,” he said. “Bill C-69 was undermining and eroding the economic growth in our communities with zero benefit to our environment. The ruling recognized that Bill C-69 was a ‘threat to the division of powers guaranteed by the constitution, and to Canada itself’.”
Alberta Premier Jason Kenney told a press conference Tuesday that he “was pumped up” about the decision and he expects that when the case reaches the Supreme Court, that provinces will side with Alberta and stand up for the federation.
“I’ve been waiting for this day for a long time, and it really matters,” he said.
In a media release later that day, Kenney provided more commentary.
“Alberta argued, and the Court of Appeal agreed, that the federal government is needlessly overhauling a regulatory review process that is already one of the world’s best, putting jobs and investment at risk. We want to see investment grow, not driven away by unbalanced, unpredictable new rules for large-scale infrastructure projects.
“In their decision, the court notes the natural resources belong to the province, not the federal government and that our people lose if those natural resources cannot be developed. Further, today’s decision states the federal government does not have the constitutional right to veto an intra-provincial designated project based on its view of the public interest, not in the interest of the Indigenous entity involved, nor do they have the constitutional rights to appropriate the birthright and economic future of the citizens of a province.”
Alberta Opposition leader Rachel Notley said Bill C-69 also fails to provide the certainty Alberta needs and fails to guarantee reasonable timelines for infrastructure projects.
“Completing projects like the Trans Mountain Expansion requires certainty. Getting TMX done requires an incredible coordinated effort to do Indigenous Consultations fully, and to meet and monitor environmental standards. Individual communities and proponents should not have to make up this process as they go. It simply needs to be a part of the law.
“We argue that the best place for most of this regulatory work is in Alberta, made-in-Alberta, by a government that demonstrates it has high standards, clearly communicated and efficiently applied.”
