By David Opinko

"NO MORE PIPELINES LAW"

Arguments being made for Alberta’s constitutional challenge of Bill C-69

Feb 23, 2021 | 2:46 PM

EDMONTON, AB – The provincial government is in court this week to argue that a federal law prohibits Alberta from being in control of its own natural resources.

Bill C-69, the Impact Assessment Act, received royal assent in June 2019.

Proponents of the legislation argue that it would better protect Canada’s environment through tougher regulations on major capital projects.

Premier Jason Kenney, however, believes this constitutes a violation of section 92A. (1) of the Canadian Charter of Rights and Freedoms. Bill C-69 is what he calls the “No More Pipelines Law.”

This section of the Charter reads as follows:

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“In each province, the legislature may exclusively make laws in relation to (a) exploration for non-renewable natural resources in the province; (b) development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and (c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy.”

“That law has paramountcy over Bill C-69 or any other federal statute law,” says Kenney. “This was a condition precedent of Alberta signing the constitution. Had it not been for this provision, Premier Lougheed, like Premier Lévesque, would not have signed the constitution in 1982. It would not have had Alberta’s consent.”

“Bill C-69 seeks to clearly violate section 92A. (1) of the constitution because it gives the federal government the power to step in and regulate right over top of us with respect to resource production.”

Kenney continues by claiming that the Impact Assessment Act imposes reviews in areas where there is no basis of federal jurisdiction and imposes “expensive” reviews through a “federal-only lense.”

“Bill C-69 is part of a series of federal policies that have attacked our vital economic interests and killed jobs and growth here in Alberta and in other parts of Canada.”

He says the federal government has killed the competition in Alberta’s natural resources sector by implementing new laws that “keep layering cost on cost on cost, making it harder for our largest sector to succeed,” citing projects such as the Northern Gateway Pipeline, Energy East Project, increasing the federal carbon tax to $170/tonne, and the Keystone XL Pipeline expansion.

Following arguments this week in Edmonton, it is unclear when a decision from the courts would be expected.

The full press conference with Kenney and Justice Minister Kaycee Madu can be viewed below:

by David Opinko