SCC rules 2019 federal environmental impact assessment scheme largely ultra vires Parliament

By Cristin Schmitz (October 13, 2023, 11:35 AM EDT) -- In a judgment that reins in what Alberta and many provinces see as federal overreach in the name of protecting the environment, the Supreme Court of Canada has ruled 5-2 that the regulatory regime under the federal Impact Assessment Act is largely ultra vires Parliament as its “designated projects” scheme exceeds the bounds of federal jurisdiction under the Constitution Act, 1867....