WHAT - On May 10, 2022, the Alberta Court of Appeal issued their long-awaited

this case hinged on who has the authority to conduct been on ensuring the well-being impact assessments for projects entirely within a province: of communities in the context the federal or the provincial government. [...] The new Act brought in:² of every type everywhere in Canada would come under • Changes to the process of project application and review, the Act, because there is no project or activity that doesn’t • Changes in the factors to be considered in have some effect on the environment. [...] In other would normally fall entirely under provincial jurisdiction but words, the government assigned itself powers under the Act that the Act designated for review and approval by the federal that are not upheld by the constitutional division of power. [...] The challenge brought by the government of Alberta (and supported by the governments of Saskatchewan and Ontario) was that the federal government could not unilaterally make this declaration for projects under the responsibility of provinces. [...] That opinion emphasized the “shared responsibility” aspect of the environment and noted a body of case law that supports the opinion that federal legislation Balancing unity and diversity is the existential problem of can apply to natural resource development without confederation.