#environment

In a significant victory for federal environmental policy, the Federal Court of Appeal has reinstated the government's ban on single-use plastics. The ruling overturns a 2023 Federal Court decision that deemed the ban unconstitutional and too broad. The appeal court found the government acted within its authority by listing plastic manufactured items as 'toxic' under the Canadian Environmental Protection Act. This decision restores regulations targeting items like checkout bags and cutlery, though the legal battle may continue if the plastics industry coalition seeks an appeal to the Supreme Court of Canada.

The Supreme Court of Canada has delivered a landmark ruling, finding the federal Impact Assessment Act largely unconstitutional. In a 5-2 decision, the majority opinion stated that the 2019 law, known as Bill C-69, oversteps federal authority by infringing on powers exclusively granted to the provinces under the Constitution. The court found the Act's 'public interest' determination treated all major projects as inherently federal, regardless of their primary jurisdiction. This decision represents a significant victory for provinces like Alberta and Saskatchewan, forcing Ottawa to rewrite its environmental review legislation for major resource projects.

The Supreme Court of Canada, in a 5-2 majority decision, has issued an advisory opinion stating that the federal Impact Assessment Act is largely unconstitutional. The court found that the 2019 law, known as Bill C-69, oversteps federal jurisdiction by treating all major projects as federal matters, thereby infringing on provincial powers over natural resources. The ruling sides with Alberta and other provinces who argued the law gave Ottawa a de facto veto over projects within their domain. The federal government must now revise the legislation to align with the constitutional division of powers.