Assessing the Impact of the Impact Assessment Act ruling

On October 13th, 2023, the Supreme Court of Canada, in a 5-2 decision, held that the majority of the Impact Assessment Act was outside Parliament’s law-making authority and thus unconstitutional. The decision is highly significant in its delineation of federal and provincial jurisdiction. The Court reiterated that the federal government must be careful to not overreach into areas of provincial jurisdiction.

In the aftermath of the decision, there is as much confusion as ever as to what it means and how much of the IAA can stand. The federal government has indicated that some targeted amendments, which could be done quickly, would be sufficient to “course correct”. Some provinces have argued that IAA is beyond repair, with the Ontario Attorney General launching a court case less than two weeks after the SCC decision to kill the law once and for all.

What does the Supreme Court decision on the IAA mean for future assessments of major projects, and for those in the IAA process today? What must the federal government change to make the IAA constitutional? How will the decision impact other proposed federal environmental laws such as the Clean Electricity Regulations and emissions cap on the oil and gas sector?

To cut through the politicking, this webinar will bring together four of the country’s top legal experts on Canadian impact assessment and regulation to debate what the decision means and what lays ahead.