Lesson 7:

Environmental Laws and Regulations in Saskatchewan: Compliance and Consequences

Understanding the environmental laws and regulations is essential for ensuring the protection and sustainable management of natural resources. This guide outlines key regulations in Saskatchewan, particularly in the context of First Nations land management, and the consequences of non-compliance.

First Nations Land Management

The First Nations Land Management (FNLM) Framework enables First Nations to opt-out of certain sections of the Indian Act related to land management, empowering communities to assume control over their reserve lands, resources, and environmental stewardship.

Key Components

• Land Code Development: Communities can draft their land code and ratification process, transitioning from the Indian Act to self-governance regarding land management.
• Environmental Protection Regime: A Land Code enables First Nations to enact laws for environmental assessment and protection, tailor-made to their specific needs and contexts.

Participating Communities in Saskatchewan

As of 2020, several Saskatchewan First Nations communities have operationalized under the Framework Agreement (FA), showcasing the growing movement towards self-determined land management.

As of 2020 the Saskatchewan First Nations operational under the FA were:

• Flying Dust
• Lac La Ronge
• One Arrow
• Muskoday
• Kinistin
• Whitecap
• Yellow Quill
• Kahkewistahaw

Resources and Support

The Lands Advisory Board provides crucial support and resources to First Nations navigating the FA, offering guidance on implementing Land Codes and establishing environmental protection laws.

The following are resources that can be found on their website:

1. https://labrc.com/wp-content/uploads/2021/07/Key-Messages-April-2022.pdf
2. https://labrc.com/wp-content/uploads/2021/07/Quick-facts-April-2022.pdf
3. https://labrc.com/wp-content/uploads/2021/07/FAQs-July-2021.pdf

Saskatchewan Environmental Laws and Regulations

The Saskatchewan Environmental Code regulates environmental practices within non-reserve municipalities, setting a precedent for comprehensive environmental stewardship that First Nations land management can adapt.

Key Legislation

• The Environmental Management and Protection Act, 2010 (EMPA): Serves as the foundational legal framework for environmental protection in Saskatchewan, covering a wide array of issues from waste management to air and water quality.
  • Implementation: The act is further detailed by the Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, guiding its application and enforcement.
    • EMPA Legislation
    • EMPA Regulations
• The Saskatchewan Environmental Code: A results-based regulatory approach focusing on outcomes for environmental protection, with 17 chapters covering various topics such as impacted sites and natural resource management.
  • Scope: Covers 17 chapters on topics including land, water, forestry, and air, setting out compliance obligations for non-reserve municipalities.
    • Saskatchewan Environmental Code Edition 1
• Forest Resources Management Act: Governs the sustainable management and protection of forest resources in Saskatchewan.
  • Regulations: Accompanied by detailed regulations to ensure the act’s objectives are met.
    • Forest Resources Management Act
    • Act Regulations

Specific Environmental Assessment and Management

• Environmental Assessment Act (EAA): Requires environmental assessments for certain projects to evaluate potential impacts and mitigate adverse effects.
  • Relevance: Applies to mining operations, industrial activities, infrastructure projects, and significant land developments.
    • Environmental Assessment Act
• Water Security Agency Act (WSAA): Establishes the Water Security Agency as the authority for water resource management and protection.
  • Functions: Includes water management, licensing, quality monitoring, and flood control to safeguard surface and groundwater.
    • Water Security Agency Act
• Pest Control Products (Saskatchewan Act): Controls the sale, use, and application of pesticides, requiring licensure for applicators and setting guidelines for safe use.
  • Goal: Aims to minimize pesticides’ adverse effects on health, wildlife, and the environment.
    • Pest Control Products Act
    • Pest Control Products Regulations, 2015

Compliance and Enforcement

Non-compliance with the Saskatchewan Environmental Code can lead to investigations and several enforcement actions, including administrative penalties, professional complaints for qualified persons, and, ultimately, prosecution for breaches. These measures underscore the importance of adherence to environmental obligations to protect the environment and ensure sustainable resource use. Saskatchewan’s approach to environmental law emphasizes the significance of adhering to these regulations to ensure the health of its ecosystems and communities.

For Qualified Persons

If a qualified individual fails to meet the specified requirements, the Minister has several tools at their disposal for enforcement and compliance, including:

• Conducting investigations to decide on enforcement actions.
• Issuing warnings for non-compliance.
• Requiring compliance with specific conditions before accepting any prepared documents.
• Imposing administrative penalties, which are civil fines.
• Filing complaints with the professional’s governing body.
• Initiating prosecution for breaches of duty.

For Owners and Regulated Persons

The primary responsibility for environmental protection lies with the owner or the regulated individual responsible for a particular activity. Tools available for ensuring compliance include:

• Reviewing and possibly imposing additional obligations on the regulated person.
• Requesting results of any compliance evaluations, such as those from environmental management systems like ISO 14000.
• Issuing notices of violations along with remedial action plans and details on the consequences of continued non-compliance.
• Conducting audits and investigations, including entering properties and reviewing records.
• Altering, suspending, or canceling approvals if non-compliance is observed, or if false statements are made.
• Issuing orders against activities causing significant harm to the environment.
• Imposing administrative penalties for non-compliance.
• Seeking court orders to enforce compliance, with non-adherence potentially leading to contempt of court charges.
• Prosecuting breaches of environmental acts, regulations, or the code itself.

The Saskatchewan Environmental Code embodies a comprehensive approach to ensure that environmental protection measures are diligently followed, highlighting the importance of both individual and collective responsibility in sustaining natural resources and environmental well-being. Non-compliance can lead to significant legal and financial consequences, underscoring the importance of adherence to environmental obligations.

Learn more about the Saskatchewan Environmental Code

Consequences of Non-Compliance

The repercussions of failing to comply with environmental laws include:

• Health and Environmental Risks: Non-compliance can lead to significant environmental degradation and health risks for communities, especially in cases of soil and water contamination.
• Legal and Financial Penalties: Entities found non-compliant may face substantial fines, remediation orders, or even legal action, leading to financial and reputational damage.
• Loss of Control Over Land Management: For First Nations, non-compliance could hinder their ability to self-manage land and resources effectively, impacting long-term sustainability and sovereignty.

Conclusion

The integration of traditional knowledge with formal environmental laws provides a robust framework for sustainable land and resource management. For First Nations communities, particularly in Saskatchewan, navigating these regulations is crucial for enhancing environmental protection, community health, and self-determination. Adherence to these laws not only safeguards natural resources but also fortifies the community’s role in stewardship, ensuring a healthier environment for future generations.

Understanding the environmental laws and regulations is essential for ensuring the protection and sustainable management of natural resources. This guide outlines key regulations in Saskatchewan, particularly in the context of First Nations land management, and the consequences of non-compliance.