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 | Saskatchewan (South) Section Report |
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Saskatchewan (South)
Submitted by Jonathan Kalmakoff
Section Activity
The Saskatchewan Environmental Law South Section has held four luncheon meetings in the 2000 - 2001 year:
- Decommissioning of Mining Projects (October 27, 2000)
Guest Speaker: Rob Kidd, Saskatchewan Environment and Resource Management
An examination of issues surrounding the Mineral Industry Environmental Protection Regulations. Effectiveness of the Assurance Fund model. Proposed amendments.
Industry scorecard. Note: Joint meeting with Natural Resources & Energy Section.
- Water Management Framework (December 7, 2000)
Guest Speaker: Don Axtell, Saskatchewan Crown Investments Corporation
A discussion of the new Provincial Water Management Strategy with emphasis on issues of interest of the environmental legal community (i.e. water export).
- Intensive Livestock Operations (January 25, 2001)
Guest Speaker: Andy Jansen, Saskatchewan Agriculture & Food
An overview of the Agricultural Operations Act. Effectiveness of screening process.
Applicability of the Environmental Assessment Act. Protection of water quality.
Effectiveness of Agricultural Operations Review Board model. Note: Joint meeting with labour and Administrative Law Section.
- Overview of CEPA, 1999 (March 8, 2001)
Guest Speaker: Gene Oleksin, Environmental Protection, Environment Canada
An overview of the Canadian Environmental Protection Act, 1999 with an emphasis on enforcement and prosecution issues.
Section Membership
The Saskatchewan Environmental Law South Section has nine full members and five mail out members in the 2001 - 2001 year.
Case Law Developments
The following environmental case law was reported during the 2000 - 2001 year:
- Ipsco v. Canada (Minster of Environment) 33 C.E.L.R. (NS) 276 (Sask.Q.B)
Ipsco sought to have s.16 of the Canadian Environmental Protection Act declared unconstitutional as being beyond the jurisdiction of Parliament to the extent it can be construed as authorizing the National Pollutant Release Inventory ("NPRI") or the actions of the federal Minister of the Environment and the Government of Canada in establishing, maintaining and continuing the NPRI. The claim was dismissed without costs. The Saskatchewan Court of Queen's Bench held, inter alia, it is not a question of constitutionality. Section 16(1) of the CEPA is quite specific in stating the purpose for which the authority granted by the section to the Minister can be exercised. The NPRI does not raise a constitutional issue and accordingly there is nothing unconstitutional in relation to NPRI.
Legislative & Regulatory Developments
The following legislative and regulatory developments occurred in the 2000- 20001 year:
- The Wildlife Amendment Act, 2000
Several amendments were made to align provincial legislation protecting wild species at risk with the requirements of the Nationa Accord for the Protection of Species at Risk in Canada. The Act removes "vulnerable species" from the "designated species" category. This will allow for the continued comprehensive protection of threatened, endangered and extirpated species while alowing the Department of Environment and Resource Management (SERM) to establish management plans for vulnerable species that are sensitive to human activities or natural events but do not require the same level of protection as threatened, endangered and extirpated species.
- The Wildlife Act Consequential Amendment Act, 2000
This Act amended the "wild species at risk" provisions. Consequential amendments were required to The Fisheries Act (Saskatchewan), 1994 to give wild fish species at risk the protection of "designated species" as defined in Part V of The Wildlife Act.
- Consultations could lead to merged legislation, including the Environmental Management Protection Act and Clean Air Act;
- A contaminated sites liability approach has been set, but action hinges on consultations on environmental protection laws;
- Regulations are being developed for mandatory certification of municipal drinking water and waste water operators;
- An advisory committee will monitor and help mitigate the potential impact of livestock facilities on water quality in the Spirit Creek Watershed Basin;
- The Province has established the new Operator Certification Board to ensure safe drinking water.
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