Revised federal environmental assessment act could face new legal action from Alberta

EDMONTON — Alberta Premier Danielle Smith is threatening another legal challenge against Ottawa’s environmental assessment law, a move federal Environment Minister Steven Guilbeault is dismissing as a political stunt.

The federal Impact Assessment Act was enacted in 2019, but a Supreme Court of Canada ruling last year found much of it unconstitutional.

In response, Prime Minister Justin Trudeau’s Liberal government made changes to the bill in the summer. But Smith said in a Thursday letter to Trudeau that the changes aren’t good enough.

Smith said the province would mount a legal challenge in four weeks if Ottawa doesn’t commit to further changes.

“The federal government continues to play politics and cater to activists,” she said in a Friday news release, accusing the Liberals of failing to meaningfully consult with Alberta.

Smith’s ultimatum deadline coincides with her United Conservative Party’s annual general meeting in early November, when members are scheduled to gather in Red Deer to cast their votes in a leadership review.

A statement sent on behalf of Guilbeault shot back at Smith, calling her move “cynical” given amendments passed through parliament months ago.

“It’s no coincidence that this arbitrary deadline comes at the same time she faces a leadership review and wants to look tough for the hardcore base within her party,” said the statement.

It added there are four projects in Alberta that are currently being assessed, representing billions of dollars and hundreds of potential jobs.

“We want to ensure as much clarity, certainty and predictability as possible for projects, which Premier Smith threatens with her reckless political games,” the statement said.

The ministry defended the federal government’s effort to engage in “ample consultations” with Alberta, Indigenous groups and other provinces. It said Smith’s government refused to participate in a co-operation agreement to help streamline and possibly substitute impact assessments.

The legislation has long faced criticism from oil-rich Alberta.

Former UCP premier Jason Kenney dubbed it the “No More Pipelines Act,” and Smith has since called it the “Don’t Build Anything Anywhere Act.”

Smith’s government argues the legislation continues to give Ottawa free rein to step into provincial jurisdiction and meddle in major infrastructure projects.

“Since this deeply flawed and unconstitutional legislation was first tabled, we have fought to defend our jurisdiction and stand up for Alberta’s economy and rights,” said Smith.

Even as she celebrated the Supreme Court ruling last October, Smith remained combative.

“If (the feds) think that they’re going to tinker with this and keep us tied up for the next six years, well, I can tell you, we’re just not going to put up with that,” she said at the time.

She also blamed the act for scaring away tens of billions of dollars of investment in Alberta, including in natural gas projects.

In a statement Friday, Alberta NDP Leader Naheed Nenshi said the act needs changes, but Smith is choosing to be performative rather than working with other provinces and the federal government to craft a better law.

“Smith’s empty threat, conveniently timed to expire the day before her leadership review, will cost Albertans money and waste precious time that businesses need to make investment decisions,” said Nenshi.

“She’d rather fight than win, when businesses need clarity, not endless court action.”

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