Reference re Impact Assessment Act, as amended

Decided: 2026-10-09. Docket: 2401-0326AC. Citation: 2026 ABCA 320 (CanLII). Constitution — Division of powers — Reference — Impact Assessment Act, Physical Activities Regulations — Proper characterization and classification of the “designated projects” scheme — “Adverse effects within federal jurisdiction” exceeding federal heads of power — Decision-making allowing regulation of a project qua project — Designated projects part unconstitutional except insofar as it applies to federal undertakings | Constitution — Division of powers — Vires — Whether the amended Impact Assessment Act remains “ultra vires” — Pith and substance found not changed appreciably — “Adverse effects within federal jurisdiction” and ss 60 to 64 continuing to allow regulation beyond federal aspects — Reference question