Ottawa Won't Appeal Impact Assessment Act Ruling

The federal government will amend the law after Alberta's top court found parts of it infringe on provincial jurisdiction.

Updated on Nov. 12, 2026 in Law

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The federal government will not appeal an Alberta Court of Appeal ruling that parts of the Impact Assessment Act infringe on provincial jurisdiction, and will amend the law instead. AI Illustration. Upload story photo >

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Should Ottawa repeal or weaken the Impact Assessment Act for major projects?

The federal government has decided not to appeal an Alberta Court of Appeal ruling that parts of the Impact Assessment Act, also known as Bill C-69, infringe on provincial jurisdiction. Environment Minister Julie Dabrusin's office said Ottawa will amend the act to account for the decision.

Why it matters

The ruling means the law remains open to legal challenge despite changes Ottawa made after the Supreme Court struck down much of the act in 2023. Oil and gas industry players have opposed the legislation, and federal Conservatives and Alberta Premier Danielle Smith have labelled it the "no more pipelines act."

The Alberta Court of Appeal ruled in October 2026 that parts of the act still infringe on provincial jurisdiction, and the federal government confirmed on November 12, 2026 that it will not appeal. The specific amendments Ottawa plans and their timeline have not been detailed.

The players

Government of Canada

The federal government of Canada, which administers the Impact Assessment Act and decided not to appeal the Alberta ruling.

Julie Dabrusin

Canada's Minister of Environment, whose spokesperson said Ottawa will amend the Impact Assessment Act following the court ruling.

Danielle Smith

Premier of Alberta, who has joined federal Conservatives in labelling the Impact Assessment Act the "no more pipelines act."

Pierre Poilievre

Leader of the Conservative Party of Canada, who has called for the Impact Assessment Act to be repealed.

The details

Ottawa made modifications to the Impact Assessment Act after the Supreme Court's 2023 decision, but the Alberta Court of Appeal found parts of the law still infringe on provincial jurisdiction. Rather than appealing, the federal government will amend the act to account for the court ruling.

Timeline

  1. 2023: The Supreme Court struck down much of the Impact Assessment Act.

  2. October 2026: The Alberta Court of Appeal ruled parts of the act infringe on provincial jurisdiction.

  3. November 12, 2026: The federal government said it will not appeal the ruling.

Political Context

Federal Conservatives and Alberta's premier argue the act blocks energy projects, while the government's response to the court is to amend rather than defend it. Conservative Leader Pierre Poilievre has called for the law to be repealed outright rather than revised.

For energy companies and project proponents, the ruling means the federal assessment process may change again before projects are reviewed under the amended act. Residents and businesses affected by pipeline and resource approvals should expect the rules governing those reviews to be revised.

The takeaway

Federal legislation affecting resource development remains exposed to provincial jurisdiction challenges, and amendments may not settle the constitutional questions. Watch for the proposed changes to the Impact Assessment Act to see whether they resolve the Alberta court's concerns.

Further reading

For more on how courts have tested federal authority over resource projects, see the Law section.

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Should Ottawa repeal or weaken the Impact Assessment Act for major projects?