
Policy Watch|Canada
Alberta’s top court rules 4–1 that Ottawa’s amended Impact Assessment Act still oversteps on provincial projects
In Reference re Impact Assessment Act, as amended, 2026 ABCA 320, released 9 October 2026, a majority of the Court of Appeal of Alberta found that the ‘designated projects’ part of the federal Impact Assessment Act and its Physical Activities Regulations remains unconstitutional except where it applies to federal undertakings. Parliament rewrote the scheme in 2024 after the Supreme Court struck down the original in 2023. One judge dissented. The opinion is advisory and the Act stays on the books unless Parliament changes it or the Supreme Court agrees.


