Minister of Environment and Climate Change Steven Guilbeault speaks at an event on the Ottawa river on Sept., 29 in Ottawa.
The Supreme Court’s opinion on the IAA is immediately important for proponents of new major projects in Canada, such as mines and oil sands facilities, but it points to a Pandora’s Box around other federal climate initiatives. Friday’s rulingof Ottawa’s pending legislation for clean electricity standards, an industry-specific cap on greenhouse gases from oil and gas, and quotas for sales of electric vehicles. The already in-force Clean Fuel Regulations also may be deemed federal overreach.
The Impact Assessment Act took years to get to the Supreme Court. Alberta first challenged the legislation at its own province’s court of appeal – where provincial governments must initially refer such questions. But the federal government can refer questions directly to the Supreme Court – which it should do when provinces raise constitutional questions on its other climate initiatives.
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