Attorney-General Doug Downey says it is unfair that unconstitutional law is standing in the way of infrastructure projects
The Ontario government is asking a court to kill a federal environmental law once and for all after the Supreme Court of Canada concluded that the law is an overreach.Supreme Court
The 2019 Impact Assessment Act gives Ottawa wide-ranging powers over natural-resource and industrial projects. It allows the federal government to scrutinize projects for “effects within federal jurisdiction” – such as on Indigenous peoples, birds, fish, species at risk and climate change.that it steps into provincial jurisdiction, by allowing federal authorities to determine the public interest in an overall project, and is therefore unconstitutional.
“Despite this finding of unconstitutionality from Canada’s highest court, the Minister has publicly taken the position that the Act still applies in its entirety while the federal government drafts potential amendments,” the province said in a court filing on Tuesday., said the federal government will provide regulatory certainty by announcing interim guidance on how it will administer the assessment law.
“For over two years, Ontario has been engaged in back-and-forth discussions” with federal officials, who “had numerous follow-up questions and requests for information or revisions that are not connected to the reasons why the Minister designated the project,” Ontario said in its court filing.
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