Premier Danielle Smith has again threatened legal action against the federal government. Chris Schwarz/Government of Alberta

By Eli J. Ridder, Canadian Press

Alberta government threatens feds with legal challenge over environmental rules

Oct 4, 2024 | 11:57 AM

The Alberta government is threatening another legal challenge if the federal government doesn’t address its concerns over environmental review legislation.

Premier Danielle Smith on Friday revealed a letter she wrote to Prime Minister Justin Trudeau with a four-week deadline to give her a “satisfactory response.”

The Supreme Court of Canada ruled a year ago that the Impact Assessment Act ventured too far into provincial jurisdiction and the federal government has since made amendments.

But Smith said those changes don’t fix the constitutional problems and called on the federal government to immediately make several more changes.

“Since this deeply flawed and unconstitutional legislation was first tabled, we have fought to defend our jurisdiction and stand up for Alberta’s economy and rights,” Smith said in a statement.

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“The Supreme Court of Canada agreed with us in its ruling of a year ago, but it is clear the federal government is unwilling to acknowledge its gross overreach,” she added.

“We will not stand down on this issue, and we’ve drafted a list of the amendments needed to make the legislation constitutional. We expect the federal government to implement these changes promptly.”

Smith, who also serves as MLA for Brooks-Medicine Hat, said the federal Liberal government should allow Alberta to fully replace the federal environment assessment with its own.

She called for Trudeau’s government “to create certainty for industry and increase investor confidence by imposing concrete timelines and curbing ministerial discretion” and “emphasize that significant adverse effects within federal jurisdiction is the minimum threshold for federal involvement.”

The premier also wants Ottawa to streamline the process by scoping projects appropriately and place parameters on public involvement and focus the decision-making process on “significant adverse effects within federal jurisdiction.”

The United Conservative provincial government has been at odds with the federal Liberal minority administration since it came to power five years ago, blasting its carbon tax initiative and other policies it says interferes with Alberta’s independence.

Earlier this year, Smith said her government is working with Ottawa where it can.