Saskatchewan Environmental Code

Transcription

1 Saskatchewan Environmental Code Moving Forward in Partnership SEIMA Workshop Regina, Saskatchewan March 7, 2012

2 Why is the Code Needed? o Provides a rou,ne delivery of environmental protec,on and resource management measures o Reduces duplica,on and consolidates requirements o Supports EMPA 2010, FRMA and MRGGA o Establishes clear expecta,ons for projects o Allows projects to proceed without permits in many situa,ons 2

3 RBR Components

4 LegislaEve Framework o Code authority arises from the legisla,on that reference the code The Environmental Management and Protec8on Act, 2010 The Forest Resources Management Act The Management and Reduc8on of Greenhouse Gases Act o The code will have the same legal standing as regula,on 4

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6 Code Development o Stakeholder led process supported by the ministry o Collabora,ve effort involving members from many organiza,ons o Code Development CommiOee oversaw the code development o Technical requirements developed by Content CommiOees coordinated by senior managers and technical experts within the ministry o Qualified Person Advisory CommiOee recommended requirements for qualified person(s) o Managed by the Code Secretariat 6

7 Evalua,on, Review AcEvity (PotenEal Chapter) Code Development CommiKee Content CommiKee Code Development CommiKee Minister Lieutenant Governor in Council Code Supported by the Code Secretariat

8 Contents o Preface o Air Management & Protec,on o Land Management & Protec,on o Water Management & Protec,on o Natural Resource Management & Environnemental Protec,on o Waste Management o Standards 8

9 Chapter Format PART 1 General: requirements that apply regardless of choosing an alterna,ve or acceptable solu,on PART 2 AlternaEve SoluEon: a plan developed by the proponent that is designed to meet the resultsbased objec,ves and is cer,fied by a qualified person PART 3 Acceptable SoluEon: a predefined process or plan that is designed to meet the minimum level of performance to sa,sfy the results based objec,ves 9

10 Qualified Person o A member of a class of persons that is prescribed or is set out in the code o The minister may: designate individuals or classes of individuals impose terms and condi,ons o A QP is required to: take reasonable and prudent ac,on comply with any professional standards and ethics 10

11 QP Issues/Challenges o Many not represented by professions legisla,on per se Some considering approaching gov t to support professions legisla,on e.g. SIEMA and environmental professionals o Some professions offer limited scope prac,ce e.g. APEGS o Some in grey area ECO Canada and Environmental Professionals Not backed by professions legisla,on

12 QP Issues/Challenges o Errors and omissions insurance Not likely available to many Where does liability accrue Civil courts Proponent insurance Project bonding o Complex projects may require many QPs How is overall project indemnified?

13 QPs and the Code o QPs in the Code Design Predic,on of performance Plan (e.g. EPP) Cer,fying outcomes, methods Monitoring and repor,ng Opera,on o Need for protec,on of environment or public safety

14 QPs and the Code o Emo,onal process o Discussion rapidly became personal Hard to maintain focus on classes of persons Content commioees stalled on issue o Developed QP methodology o Without iden,fying QP Content CommiOees Defined where a QP needed Defined qualifica,ons that QP required

15 QPAC o Qualified Persons Advisory CommiOee o Formed to advise Code o Wide variety of stakeholders on QPAC Consensus based o Took content commioee info Designated classes of people o Permanent commioee to advise CDC and minister

16 Qualified Person Key Principles o Use exis,ng professional associa,ons o Inclusive competency based on educa,on and experience o Comply with exis,ng trade agreements o Liability insurance coverage maybe encouraged 16

17 QPAC ConsideraEons o Professions legisla,on Prescribes educa,on and experience Must be a member to prac,ce Policing mechanisms o Government: Will enforce with vigor if false use of creden,als Will refer to prof. assoc. for discipline Can get a ministerial order to remove as QP

18 QPAC ConsideraEons o Not government s role to limit employment or economic opportuni,es Mustn t place ar,ficial barriers Internal Agreement on Trade New West Partnership

19 Site Assessment o Requires QP for the purposes of cer,fying an EPP, QA/QC and analy,cal procedures o Designated QPs: P.Eng. And P.Geo. P.Ag. Biologists And chemists under a professions legisla,on (e.g. P.Biol.) ASTs with 8 years experience An individual designated by the minister

20 Next Step Public Review o Rreview mee,ngs with industry, FNs, MNS and interested par,es Jan 30 th early February 2012 o Other mee,ngs if required o WriOen comments by March 16, 2012 o Comments will be forwarded to CDC o Summary of feedback will be posted on the web

21 Next Step Code ProclamaEon o Code proclama,on target summer 2012 o 5 new regula,ons 3 to adopt the code under EMPA, 2010, FRMA and MRGGA 1 to replace a number of exis,ng regula,ons under EMPA, 2002, LiCer Control Act and Clean Air Act 1 to support the proposed climate change program o Minor amendments to The Water Regula8ons, 2002 o Need to establish a process for the minister to designate QPs

22 Next Step ImplementaEon o Similar to other regula,ons, code requirements are in effect upon proclama,on o Phase in periods have been built into code chapters where appropriate o Similar to the current program delivery model, each program branch is responsible for ensuring code compliance o Code is a new regulatory tool knowledge transfer is crucial

23 Next Step Future Code Chapters o Work in or near water o Hazardous substance storage o Linear ac,vi,es o Other chapters to be determined

24 Saskatchewan Environmental Code Moving Forward in Partnership Saskatchewan Environmental Code Secretariat 5 th Floor 3211 Albert Street Regina SK S4S 5W6 Ph: Fax: codesecretariat@gov.sk.ca