On October 13, 2022, the Supreme Court of Canada made its decision in the case known as Renvoi relatif à la Loi sur l’évaluation d’impact. The majority of the Court determined that the federal law known as the Impact Assessment Act, and its related regulation, the Concrete Activities Regulation, are partially unconstitutional. This decision significantly clarifies federal environmental regulation and highlights the challenges present within the regulatory framework.
The Impact Assessment Act involves the ‘designated projects’ clause, which has been deemed as unconstitutional. The Court has not yet released a formal, detailed explanation of its ruling, creating a sense of anticipation among legal professionals and industries impacted by this regulation.
The Impact Assessment Act is a significant piece of legislation that shapes how environmental assessments are conducted in Canada. The act primarily focuses on sustainability and making sure federal actions align with the principles of avoiding significant adverse environmental effects. It lays out rules and guidelines for examining designated projects, for cooperating with jurisdictions, and for ensuring the public’s participation.
As the Supreme Court has now ruled that a section of this act is unconstitutional, there are likely to be significant implications for those involved. Legal professionals are anxiously awaiting more details on the Court’s decision to better understand its implications.
Further updates on the specifics of the ruling and its impact can be found on JD Supra.