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    Natural Resource Extraction and Environmental Regulations

    Elias W.By Elias W.December 17, 2023No Comments3 Mins Read
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    Natural Resource Extraction and Environmental Regulations
    Natural Resource Extraction and Environmental Regulations
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    Natural resource extraction plays an important role in Canada’s economy, contributing 15.5% to the country’s nominal GDP in 2020. As we examine the closely linked communities dependent on resources, it is essential to explore the environmental regulations that protect our planet while sustaining economic growth.

    Saskatchewan, a province rich in resources, showcases this delicate balance. The sprawling landscapes of the province are home to mining, agriculture, and energy resource extraction — supporting both urban and rural communities. With 909 communities heavily reliant on natural resources, the economic significance is undeniable.

    Internationally, the Stockholm Declaration in 1972 laid the groundwork for sustainable resource extraction. Locally, Canada has embraced environmental stewardship through initiatives like the Investing in Canada Plan. Launched in 2016, the project aims to commit $180 billion over 12 years to enhance Canadian infrastructure and promote cleaner energy alternatives.

    One such initiative is the Clean Energy for Rural and Remote Communities program, which focuses on reducing fossil fuel dependency in Indigenous, rural, and remote areas. The program not only seeks environmental benefits but also strives for social and economic improvements, fostering healthier and more sustainable communities across the nation.

    However, the journey towards sustainability involves more than financial commitments. The Canadian Environmental Protection Act, 1999 (CEPA), serves as the primary regulatory tool for environmental concerns. Recent amendments under Bill S-5 reinforce the government’s dedication to environmental protection — marking the first significant changes to CEPA in over two decades.

    Yet, regulations are only effective when paired with strong enforcement mechanisms. A breach of provincial environmental laws triggers various enforcement measures, ranging from voluntary abatement measures to administrative fines and prosecutions. In Ontario, for instance, a repeat corporate offender may face fines of up to $10 million per day, with individual offenders potentially facing up to $6 million per day along with imprisonment.

    Provincial regimes, like Québec’s, complement federal efforts with their own enforcement measures. These regimes incorporate specific provisions for directors’ and officers’ liability — ensuring accountability at various levels. The Environment Quality Act (EQA) in Québec grants the Minister powers to issue orders and intervene when necessary, emphasizing the province’s commitment to swift and effective enforcement.

    The authorities’ ability to limit or stop activities that pose serious risks to health or the environment is a powerful tool. This includes the forfeiture of profits gained through non-compliance and liability for cleanup costs, creating a comprehensive framework to address environmental violations.

    As we continue to rely on natural resources for economic growth, the symbiotic relationship between extraction, regulations, and enforcement becomes increasingly evident. The interconnected efforts of federal and provincial bodies highlight Canada’s dedication to sustainable practices, offering a blueprint for other nations facing similar challenges.

    Saskatchewan’s role as a resource-rich province is emblematic of the ongoing quest to strike a harmonious balance between economic development and environmental preservation. The success of such endeavors relies not only on financial investments and regulatory frameworks but also on the vigilance of enforcement measures ensuring that commitment translates into tangible, positive outcomes for both the economy and the environment.

    SOURCES

    Press Books | Gowling WLG | McMillan | Environmental Defence

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    Elias W.

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