Guilbeault 'happy to course correct' after SCC impact assessment ruling, but outcome for projects likely no different

Environment and Climate Change Minister Steven Guilbeault says that while his government is willing to make changes to its highly divisive Impact Assessment Act (IAA), after the Supreme Court ruled this week that it is largely unconstitutional, any amendments are unlikely to change the outcome of the IAA process itself.

Canada’s top court ruled on Friday that the IAA — also known as Bill C-69 — is too broad in its assessment of environmental impacts, and that portions of it are unconstitutional.

The 2019 law, which was a marquee piece of environmental legislation for the Liberals, changes the environmental review process for designated energy projects to weigh environmental and social issues when approving or rejecting a project.

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Supreme Court Chief Justice Richard Wagner said that while environmental protection is “one of today’s most pressing challenges,” and that it is within the federal government’s power to put in place mechanisms for environmental assessment, it must also “act within the enduring division of powers framework laid out in the Constitution.”

He also said the law gives “the decision maker a practically untrammelled power to regulate projects,” and it oversteps Parliament’s jurisdiction.

Guilbeault said despite the Supreme Court opinion, “the Act still stands,” but his government is open to taking steps to “redefine” the portions of the law that were ruled too broad.

“We will be happy to course correct the Act in the coming months to ensure that we have a more specific definition of public interest,” Guilbeault told CTV’s Question Period host Vassy Kapelos, in an interview airing Sunday.

The legislation has faced staunch opposition, with some calling it the “No More Pipelines” bill, and seven provinces acting as formal interveners against the federal government in the Supreme Court case.

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Guilbeault said it’s “simply not true” that the IAA was written with the goal of preventing oil and gas projects from being approved, as some critics of the legislation have said.

He said his government will make changes to “comply with the spirit” of the Supreme Court opinion, but insisted it has only been applied to projects with the greatest potential impacts on issues within federal jurisdiction.

But when asked whether he believes any future changes to the IAA in light of the Supreme Court ruling will change the outcome of the IAA process for projects, he said “no.”

“Because we've tried really hard in the application of the Act to ensure that when we would intervene on a project we did so under federal authority,” he said.

“I'm not saying it won't change anything. The Supreme Court is giving us an opinion that we should further refine some elements of the Act,” he added. “In the meantime, the Act continues to stand.”

Opponents of the law praised the Supreme Court’s ruling yesterday, including Alberta Premier Danielle Smith and Conservative Leader Pierre Poilievre, who said during his leadership campaign that he would repeal the bill if he became prime minister.

"They ignored the provinces. They ignored the Senate, and they ignored the many partners who have opposed this unconstitutional law all along," Smith said, adding Friday was a “great day” and that she’s “extremely pleased.”

With files from CTV National News Producer Jordan Gowling