Blog

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Ashley White, Jason Roth, Larissa Lees and Tinashe Muzah
April 22, 2026
Windmills standing tall on agriculture fields producing alternative energy with round hay bales and Canadian Rocky Mountains
Authors
Ashley M. WhitePartner
Jason D. RothPartner
Larissa D. LeesAssociate
Tinashe MuzahArticling Student

On April 2, 2026, the Government of Alberta (Alberta) and the Government of Canada (Canada) announced the execution of a finalized Co-operation Agreement on Environmental and Impact Assessment (Co-operation Agreement). The Co-operation Agreement establishes a framework for Canada and Alberta to reduce duplication and work toward a more streamlined approach for federal impact assessment under the Impact Assessment Act (IAA) and provincial environmental assessment under the Environmental Protection and Enhancement Act (EPEA).

The Co-operation Agreement reflects Canada's policy objective of a "one project, one review" approach, which is intended to enhance the efficiency of federal and provincial regulatory and permitting processes for major projects and provide certainty to proponents, Indigenous partners, investors and stakeholders.

The Co-operation Agreement follows the November 27, 2025 Memorandum of Understanding (MOU) between Alberta and Canada, in which the governments committed to negotiate a co-operation agreement on impact assessments on or before April 1, 2026. For further background, see our prior insights: Budget 2025 and the Canada Alberta Memorandum of Understanding Reaffirm Canada’s Clean Economy Commitment, Canada's AI Efforts in 2025: A Year in Review and Major Projects on the Horizon in Alberta: Government of Alberta Announces 120-Day Major Project Approval Timeline.

Overview of the Co-operation Agreement Framework

The Co-operation Agreement establishes a cooperative framework intended to reduce duplication and support coordinated assessment processes between federal and provincial regulators.

For projects that are primarily within Alberta's jurisdiction, Canada will rely on Alberta's assessment and regulatory processes, including, where applicable, to address effects within federal jurisdiction. For projects located on federal land or involving federal undertakings, Canada will integrate Alberta's assessment and regulatory processes into the federal assessment process—if "applicable and desired" by Alberta.

For projects requiring both federal and provincial assessments, Canada and Alberta will develop an arrangement addressing roles, responsibilities, activities and timelines, with the objective of achieving a coordinated or single assessment process that satisfies the legislative requirements of both jurisdictions.

To support this framework, the Co-operation Agreement provides for:

  • Early notification and information sharing: Canada and Alberta will notify each other as early as possible of proposed projects that may trigger both federal and provincial assessments under the IAA and the EPEA, respectively.
  • Support for addressing federal effects: Where Canada relies on Alberta's processes, Canada will provide support and expertise as appropriate in relation to effects within federal jurisdiction.
  • Co-ordination of assessment processes: The parties will coordinate assessment approaches, including information requirements, timelines and opportunities for public and Indigenous participation, where both federal and provincial processes apply.
  • Cross-jurisdictional projects: For projects that cross provincial or territorial boundaries, Canada and Alberta will seek to apply the principles of the Co-operation Agreement in coordination with the relevant jurisdiction.
  • Dispute Resolution: The agreement provides for a resolution process under which disagreements regarding interpretation or implementation are to be addressed through consultation and cooperation, beginning at the working level and escalating, where necessary, to senior officials.

Canada also commits that any federal assessment required under the Co-operation Agreement will be completed within a maximum of two years from receipt of the initial project description in accordance with the Impact Assessment Agency of Canada's policies and guidelines.

The Co-operation Agreement may be terminated by either government upon 90 days' written notice.

Indigenous Consultation and Participation Considerations

For projects primarily within Alberta's jurisdiction, Canada will recognize Alberta as best placed to consult with Indigenous Peoples pursuant to Alberta's consultation policies and practices; however, Canada will continue to consult with Indigenous Peoples on federal decisions under the IAA.

The Co-operation Agreement emphasizes early engagement, including timely notification to Indigenous groups regarding proposed projects and assessment processes. Canada also commits to working with Indigenous Peoples in relation to the sharing and protection of Indigenous Knowledge and Alberta commits to receiving, sharing and considering Indigenous Knowledge.

In addition, Canada and Alberta will coordinate the provision of federal funding to support Indigenous participation in assessment processes, and will seek to coordinate open, transparent, effective and timely communications with the public to support participation in assessments.

Jurisdictional Considerations

The Co-operation Agreement provides that neither government is ceding or limiting any jurisdiction, rights, powers, privileges, prerogatives or immunities by entering into the agreement.

The Co-operation Agreement further confirms that Alberta is challenging the constitutionality of the IAA and does not accept that the IAA is constitutional. Alberta's position remains unchanged following the Supreme Court of Canada decision in October 2023 that the IAA was unconstitutional and Canada's subsequent amendments to the IAA in April 2024. Alberta continues to advance its constitutional challenge, which was argued before the Alberta Court of Appeal in February 2026. For more information see our blog posts Supreme Court of Canada Rules Impact Assessment Act Unconstitutional, Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved and After the New Bill C-69: A Plan, a Directive and then What?

Concluding Thoughts

The Co-operation Agreement forms part of a broader set of policy initiatives by both Canada and Alberta aimed at streamlining the approval and regulatory frameworks for major projects. These include the federal Major Projects Office established in September 2025 and Alberta's Bill 30, the Expedited 120-Day Approvals Act, which was announced on April 14, 2026 and seeks to implement a 120-day major project approval timeline.

While implementation details remain to be developed, the alignment between federal and provincial initiatives signals a continued policy focus on reducing duplication and improving timeliness and predictability in project approvals. If effectively implemented, these developments may enhance regulatory certainty and improve the investment environment for major energy, infrastructure and resource projects in Canada.

Bennett Jones Energy Group

Bennett Jones is Canada's premier energy law firm, with the largest dedicated energy group in the country, active in all sectors of the industry. Our Energy Regulatory and Energy practice groups help clients develop major energy, infrastructure and construction projects through strategic and business-focused legal advice. To discuss the opportunities that the approval timeline and recent announcements present, please do not hesitate to contact the authors.

Social Media
Download
Download
Subscribe
Republishing Requests

For permission to republish this or any other publication, contact Bryan Canning at canningb@bennettjones.com.

For informational purposes only

This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors.

Authors

Ashley M. White, Partner  •   Head of the Energy Industry Team
Calgary  •   403.298.3471  •   whitea@bennettjones.com
Jason D. Roth, Partner
Calgary  •   403.298.2070  •   rothj@bennettjones.com
Larissa D. Lees, Associate
Calgary  •   403.298.3163   •   leesl@bennettjones.com
Tinashe Muzah, Articling Student
Calgary  •   403.298.8161  •   muzaht@bennettjones.com