Alberta Sovereignty Within a United Canada Act, SA 2022 cA-33.8
Summary
The Alberta Sovereignty Within a United Canada Act allows for a legislator to introduce a motion about the perceived unconstitutionality or harmful nature of a federal enactment. If the motion passes, the Legislative Assembly will subsequently make recommendations to the Lieutenant Governor in Council, who may by order, direct the responsible Minister for an enactment to, by order, suspend or modify the application or operation of all or part of a regulation authorized by an enactment. The Lieutenant Governor in Council may prescribe, or specify or set out provisions that apply in addition to, or instead of, any provision in a regulation authorized
by the subject enactment, and may direct a Minister to exercise a power, duty or function of the Minister, or issue directives to a provincial entity and its members, officers and agents, and the Crown and its Ministers and agents, in respect of the federal initiative.
Although the Act reiterates the exemption of a decision or act of the Legislative Assembly from judicial review, the deadline for filing an originating application for judicial review in relation to a decision made or act under the Act must be filed and served within 30 days of the decision or act. The standard of review to be applied by the court hearing such a judicial review application is patent unreasonableness.
In Force: December 15, 2022