OIL SANDS ENVIRONMENTAL IMPACT FINANCIAL COMPENSATION 1 BILL No. 627

An Act to provide a basis for Protection and Financial Compensation for the impact of Alberta’s oil sands development on the economy and health of Saskatchewan people (Assented to )

Preamble

WHEREAS up to seventy per cent of harmful air pollutants such as sulphur dioxide and nitrogen oxides emitted by the Alberta oil sands are deposited over Saskatchewan, contributing to acid rain and placing northern Saskatchewan’s lakes and forests at risk;

WHEREAS the release by oil sands operations of 70,658 tonnes of volatile organic compounds damage the function of human organs and emit carcinogens, which cause lung, skin and bladder cancer;

WHEREAS the Canadian Council of Ministers of the Environment suggest that Saskatchewan’s north is the most acid sensitive region in Canada;

WHEREAS acid rain is linked to health effects contributing to respiratory diseases like bronchitis and asthma and can negatively affect sensitive invertebrate and fish species;

WHEREAS oil sands mining releases a number of toxic chemicals including arsenic, naphthenic acids, mercury and polycyclic aromatic hydrocarbons (PAH) into the environment through surface runoff and tailings seepage;

WHEREAS oil sands contaminants are impacting transboundary Alberta-Saskatchewan waters such as Lake Athabasca; AND

WHEREAS Saskatchewan shares woodland caribou populations with Alberta that are declining as a result of the cumulative impact of oil sands and other forms of development: THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title The Oil Sands Environmental Impact Financial Compensation Act.

Interpretation In this Act: (a) “contaminant” means any acidic deposition containing sulphur dioxide, which has the molecular formula SO and nitrous oxide, which has the molecular formula N2O: (

i) that is foreign to or in excess of the natural constituents of water or soil and that is or may be injurious to the health or safety of a person, or injurious or damaging to property or to plant and animal life; OIL SANDS ENVIRONMENTAL IMPACT FINANCIAL COMPENSATION 2 Printed by the authority of the Speaker of the Legislative Assembly of Saskatchewan 2011 (ii) that affects the natural, physical, chemical or biological quality of water or soil and that is or may be injurious to the health or safety of a person, or injurious or damaging to property or to plant and animal life; (b) “minister” means the member of the Executive council to whom for the time being the administration of this Act is assigned.

Negotiations with Alberta 3(1) The minister shall negotiate with the Government of Alberta for the purposes of securing financial compensation from Alberta for damage caused by the contamination to Saskatchewan’s water and land resulting from industrial emissions from Alberta’s oil sands fields.

(2) As part of the negotiations entered into pursuant to subsection (1) the minister shall negotiate to secure an agreement with the Government of Alberta with respect to a regional cap and subsequent plan of targeted reductions of the contaminants which has as the plan’s main purpose the reduction of toxic emissions that interfere with the natural environment and ecosystem.

(3) The plan mentioned in subsection (2) must specify the scientific, economic and technological evidence and analysis used to establish each target. Permit in one jurisdiction only no excuse It is not lawful excuse for the defendant to show that the discharge of the contaminant was permitted by the appropriate regulatory authority having jurisdiction at the place where the discharge occurred, if that regulatory authority did not also have jurisdiction at the place where the contaminant caused damage to the land and water.

Reporting In accordance with The Tabling of Documents Act, 1991 , the President of Executive Council or designate shall account to the Legislative Assembly each year the measures taken by the Government of Saskatchewan to ensure that its obligations under this Act are being met. Regulations The Lieutenant Governor in Council may make regulations: (

a) defining, enlarging or restricting the meaning of any term used in this Act but not defined in this Act; (

b) prescribing forms for the purposes of this Act; (

c) prescribing any other matter or thing required or authorized by this Act; (

d) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. Coming into force This Act comes into force assent.