Ontario gets an exemption from the hated legislation. Alberta snaps back. This policy is now discredited beyond hope of survival
Ottawa’s Impact Assessment Act, like the carbon tax, lies gravely wounded by incompetence and regional favouritism.
Ontario gets an exemption from the IAA. Alberta doesn’t. There’s nothing original about that.
The Liberals did the same thing by exempting home heating oil from carbon tax, after Atlantic MPs lobbied the prime minister personally.
Alberta Premier Danielle Smith fired off another heated letter to Prime Minister Justin Trudeau on Friday, accusing Ottawa of ignoring the Supreme Court and threatening yet another legal challenge.
Smith has always said the overbearing IAA tramples provincial powers and threatens Alberta’s economy. It assumes vast powers over almost any economic project.
Smith insists the amendments themselves are unconstitutional. She wants them changed, or off to court we go.
“I would think after two spankings by the highest court in the land, the Liberals would be tired of it and they’d give it up and recognize that they’re outgunned,” says Alberta Energy Minister Brian Jean.
“We have, right now, a radical, abusive minister and Liberal government who continue to do things that are disrespectful of our system and our laws.”
He means Environment and Climate Change Minister Steven Guilbeault, who snapped back with his own strong talk.
“This is more cynical politics from Danielle Smith,” Guilbeault said in a statement.
“The amendments to the Impact Assessment Act passed through Parliament many months ago. It’s no coincidence that this arbitrary deadline comes at the same time she faces a leadership review and wants to look tough for the hardcore base within her party.”
He might have a point about timing but, the fact is, Ottawa dreads another legal challenge to the IAA.
We know that because Guilbeault said so himself. He’s so worried he let a huge Ontario project off the hook.
Guilbeault was locked in a long struggle with Premier Doug Ford’s Ontario PCs over the planned Highway 413, a 60-kilometre project intended to ease congestion in the Greater Toronto Area.
In 2021, Ottawa declared 413 a designated project under the IAA. That gave Ottawa full control over studying and approving a purely provincial road. It also guaranteed years of delay.
Many environmentalists agreed with Ottawa, but Ford and his PCs were furious.
The premier asked for a judicial review of the federal designation. In April this year, Guilbeault suddenly agreed to drop the federal assessment and enter a deal with Ontario to collaborate on environmental concerns.
In short, Ottawa gave up the power to approve Highway 413.
The really fascinating part came when Guilbeault talked to The Narwhal, the excellent news site focusing on environmental issues.
“Either we came to an agreement with Ontario, or we would have lost in court,” Guilbeault said. “What choice did I have? Not a whole lot.
“Because of the Supreme Court ruling, I basically don’t have an Impact Assessment Act right now that I can use.
“I’m trying to protect, as much as I can, the integrity of what we still have left.”
Guilbeault might have thought his power was reborn when amendments passed three months later. But we haven’t heard him say he’ll break the deal with Ontario and go back to imposing federal authority.
Effectively, he now applies one standard for Ontario, another for the rest of us.
In her letter to Trudeau, Smith demanded many changes to Guilbeault’s amendments, targeting conditions that have nothing to do with economic development or even environment.
She concluded: “We look forward to hearing from you in writing within the next four weeks, confirming your commitment to implement these changes.
“If we do not receive a satisfactory response within that time, it is our intent to bring a further legal challenge.”
There’s no chance Ottawa will agree to those changes. Nor will Alberta get the Ontario treatment; a unique agreement to negotiate rather than impose.
The Impact Assessment Act is now discredited past the point of survival.
Do not resuscitate.
Don Braid’s column appears regularly in the Herald.