People usually say that when it comes to the government, the red tape can be terrible. Fortunately for Saskatchewan, the new environmental code has started an innovative approach that should make it more efficient for communities and organizations to perform tasks while still maintaining their environmental responsibilities.
“The code is essentially one key component that supports the results-based approach of the government,” said Thon Phommavong, executive director for the Result-Based Regulation (RBR) and Code Management Branch for Ministry of Environment. “The key is that we focus on the outcome, rather than the process to get to the outcome.”
For example, if a community wants to expand on infrastructure, rather than go through the entire back-and-forth process of designs and approvals, the government will instead give approval if the method has previously been proven and if a qualified person then signs it off. All that matters is that the outcome achieves the same goal while still being environmentally responsible.
According to a government news release, the purpose of this code is essentially to “continue to protect our environment for future generations, while helping to meet the challenges of economic growth.” The efficiency aspect comes into play in the code. By using a result-based approach, only the outcomes are defined, leaving more flexibility in the methods.
“The code provides regulatory and legal clarity and certainty and is supported by an enhanced compliance framework,” said Phommavong. “For example, the ministry has implemented a compliance audit program, increased penalties, and yet provides the provision for flexibility to promote innovation at the same time.”
The code is the first of its kind of this scope and took a massive amount of input and consensus to complete. It was first initiated in 2008 and involved the consultation of various stakeholders such as non-governmental organizations (NGOs), municipalities, individual companies, technologists, foresters, etc. Information sessions were also available for First Nations people.
Beyond that, the development of the code included the participation of about 200 experts from Environment Canada, Fisheries and Oceans Canada (DFO), Natural Resources Canada (NRCan), and the Canadian Environment Assessment Agency. These people made up the code development committee.
“We saw this as an opportunity for folks with different viewpoints to work on and create this document,” said Phommavong. “I would say the development of the code exemplifies the strengths from many people. It’s truly a partnership endeavour from people with many skills and interests.”
According to Phommavong, their biggest challenge was bringing so many people to a consensus and then knowing how to move on when consensus wasn’t completely achieved. The sheer number of issues, the diverse scope of the code itself, and the timeline made the formulation of the code a success within itself.
Even now that it’s complete, that doesn’t mean it won’t soon change again.
“One significant advantage of the code is that it may be updated without the need for new regulations,” said Len Andrychuk, a partner at MacPherson Leslie & Tyerman and a member of the Code Development Committee, in the news release. “It can operate as a living document that can be continuously improved and updated to keep up with the changing economy and developments in environmental protection, which is in itself a fundamental change.”
The code will become effective in the new year, which gives industries some time to prepare for any changes headed their way. Chapters dealing with forest management will be effective Jan. 5, while the remaining chapters will become active on June 1. Activities not included in the code will be operated same as always.
