Some people are gracious in defeat. Liberal Environment Minister Steven Guilbeault apparently isn’t one of them.Guilbeault on Thursday said the federal government has no plans to repeal Bill C-69 — the so-called ‘No More Pipelines Act’ — even after it was declared unconstitutional by the Supreme Court of Canada.In a 5-2 decision, the country’s top court on October 13 struck down the vast majority of the bill which would have granted federal authority over a range of internal resource development projects on narrowly defined 'social' interests, including highway paving projects on non-federal lands."In my view, Parliament has plainly overstepped its constitutional competence in enacting this designated projects scheme," Chief Justice Richard Wagner wrote on behalf of the majority.."In my view, Parliament has plainly overstepped its constitutional competence in enacting this designated projects scheme,"Chief Justice Richard Wagner.But Guilbeault indicated his government has no intention of respecting the spirit or even the letter of the ruling. "The Supreme Court of Canada's opinion on the Impact Assessment Act means we now have clarity to better align the IAA to areas of federal jurisdiction while continuing to protect the environment," Guilbeault said in a media statement.Instead, his office has issued interim ‘guidance’ for project proponents and the Impact Assessment Agency of Canada until the existing legislation is amended. According to the document, the environment minister’s discretionary power — his own — to conduct assessments has been “paused” until the required amendments are made. .Thus far, the government has given no indication of when or how those changes will be made or even if the existing law can be brought into compliance.Meanwhile, current project assessments will continue and the IAAC will provide opinions on whether proposed projects fall under federal jurisdiction. The agency also can determine "whether a full impact assessment" of a project "is warranted.”Projects in the queue include the Ring Of Fire projects in northern Ontario that are critical to the fed’s EV ambitions and offshore wind projects in Nova Scotia and Newfoundland and Labrador..After it was overturned, Energy and Resources Minister Jonathan Wilkinson said the priority of the government was to avoid winding back up in court with any new law.For her part, Alberta Premier Danielle Smith asked them to simply repeal it or wind up facing even more litigation and a potential Sovereignty Act motion. ."I guess we can keep on battling this out in the Supreme Court to find out exactly where the line is, but I'm asking for them to accept that there is exclusive provincial jurisdiction under the Constitution … and to work with us on those areas of shared priority," Smith said.Both Smith and Wilkinson are appearing at an environmental conference in Calgary Thursday afternoon.More to come…
Some people are gracious in defeat. Liberal Environment Minister Steven Guilbeault apparently isn’t one of them.Guilbeault on Thursday said the federal government has no plans to repeal Bill C-69 — the so-called ‘No More Pipelines Act’ — even after it was declared unconstitutional by the Supreme Court of Canada.In a 5-2 decision, the country’s top court on October 13 struck down the vast majority of the bill which would have granted federal authority over a range of internal resource development projects on narrowly defined 'social' interests, including highway paving projects on non-federal lands."In my view, Parliament has plainly overstepped its constitutional competence in enacting this designated projects scheme," Chief Justice Richard Wagner wrote on behalf of the majority.."In my view, Parliament has plainly overstepped its constitutional competence in enacting this designated projects scheme,"Chief Justice Richard Wagner.But Guilbeault indicated his government has no intention of respecting the spirit or even the letter of the ruling. "The Supreme Court of Canada's opinion on the Impact Assessment Act means we now have clarity to better align the IAA to areas of federal jurisdiction while continuing to protect the environment," Guilbeault said in a media statement.Instead, his office has issued interim ‘guidance’ for project proponents and the Impact Assessment Agency of Canada until the existing legislation is amended. According to the document, the environment minister’s discretionary power — his own — to conduct assessments has been “paused” until the required amendments are made. .Thus far, the government has given no indication of when or how those changes will be made or even if the existing law can be brought into compliance.Meanwhile, current project assessments will continue and the IAAC will provide opinions on whether proposed projects fall under federal jurisdiction. The agency also can determine "whether a full impact assessment" of a project "is warranted.”Projects in the queue include the Ring Of Fire projects in northern Ontario that are critical to the fed’s EV ambitions and offshore wind projects in Nova Scotia and Newfoundland and Labrador..After it was overturned, Energy and Resources Minister Jonathan Wilkinson said the priority of the government was to avoid winding back up in court with any new law.For her part, Alberta Premier Danielle Smith asked them to simply repeal it or wind up facing even more litigation and a potential Sovereignty Act motion. ."I guess we can keep on battling this out in the Supreme Court to find out exactly where the line is, but I'm asking for them to accept that there is exclusive provincial jurisdiction under the Constitution … and to work with us on those areas of shared priority," Smith said.Both Smith and Wilkinson are appearing at an environmental conference in Calgary Thursday afternoon.More to come…
