Saskatchewan Introduces Legislation to Assert Provincial Jurisdiction Over Natural Resources

Saskatchewan Introduces Legislation to Assert Provincial Jurisdiction Over Natural Resources
Saskatchewan's provincial flag flies on a flag pole in Ottawa on July 6, 2020. The Canadian Press/Adrian Wyld
Andrew Chen
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Saskatchewan is asserting provincial jurisdiction over its natural resources with the introduction of the “Saskatchewan First Act,” which the province says will fend off “intrusive federal policies.”

“This historic legislation will help protect our economic growth and prosperity from intrusive federal policies that encroach upon our legislative sovereignty,” Bronwyn Eyre, Saskatchewan’s justice minister and attorney general, said in a Nov. 1 news release.

Introduced as Bill No. 88, the legislation amends the Constitution of Saskatchewan to confirm the province’s autonomy and exclusive legislative jurisdiction under the Constitution of Canada over areas including the following:

  • Exploration of non-renewable natural resources;
  • Develop, conserve, and manage non-renewable natural and forestry resources;
  • Operation of sites and facilities for generating and producing electrical energy;
  • Regulation of fertilizer use, including application, production, quantities, and emissions;
  • Regulation of all industries and businesses falling within the exclusive jurisdiction of Saskatchewan.
“This legislation asserts that the constitutional doctrine of interjurisdictional immunity applies to exclusive provincial legislative jurisdiction the same way it applies to exclusive federal jurisdiction,” said Eyre.

“It is time to draw the line and assert our constitutional rights.”

The act also seeks to amend the Constitution of Saskatchewan to include the following:
  • Saskatchewan has autonomy with matters falling under its exclusive legislative jurisdiction, pursuant to the Constitution Act, 1867.
  • Saskatchewan depends on agriculture, development of non-renewable resources, forestry, and electrical energy generation and production.
  • Production of the above is “critical to the well-being and prosperity of Saskatchewan and its people.”
The act says these amendments will also be added to the Constitution Act, 1867.

Impact Assessment Tribunal

The Saskatchewan First Act will also create an economic impact assessment tribunal to study the economic impacts of federal policies. The Lieutenant Governor in Council may refer a federal initiative to the tribunal when he or she believes the policy will cause economic harm to Saskatchewan.