Sask. unveils tribunal to assess economic impact of federal regulations

The economic impact on Saskatchewan of the federal government’s policies will be assessed and reported on by a new government tribunal.

Under The Saskatchewan First Act, which came into force in September, the province claims exclusive jurisdiction for legislation around non-renewable resources. That includes exploration, development, conservation and management, as well as power generation.

The act also created an Economic Impact Assessment Tribunal in order to examine initiatives from the federal government and determine – with a dollar figure – their economic impact in the province.

On Tuesday, the province named the members of the tribunal and said its first project will be to assess Ottawa’s proposed Clean Electricity Regulations. Dustin Duncan, minister responsible for SaskPower, has called them “unaffordable, unconstitutional, and technologically and logistically unattainable.”

The tribunal will be chaired by Michael Milani, a senior partner at law firm McDougall Gauley LLP in Regina. Milani also currently chairs the Law Reform Commission of Saskatchewan.

Also serving on the five-member tribunal will be Dr. Janice MacKinnon, a former finance minister of Saskatchewan. MacKinnon, a professor of fiscal policy at the University of Saskatchewan, will serve as the group’s vice chair.

The remainder of the tribunal will comprise: Kenneth From, a former CEO of SaskEnergy and the Petroleum Technology Research Centre; Dr. Stuart Smyth, a professor of agricultural and resource economics at the U of S; and Estella Peterson, an oilsands heavy equipment operator from the Cowessess First Nation who serves as part of Suncor Energy’s Aboriginal Ambassador program.

“We are very pleased that such a distinguished group of experts has agreed to serve on this tribunal, as part of our Saskatchewan First legislation, which protects the economic future of families, communities and businesses,” Bronwyn Eyre, Saskatchewan’s justice minister, said in a statement.

“No other province has in place an independent tribunal whose exclusive role is to analyze and quantify the dollar figure harm of federal policies and legislation.”

The tribunal members will hit the ground running, as their first task will be assessing the potential impact of proposed federal regulations around power generation.

According to the provincial government, SaskPower estimates that electricity rates would need to “more than double by 2035” to make up the costs associated with Ottawa’s Clean Electricity Regulations and rules around use of coal. A previous statement from the province estimated that Ottawa’s net-zero power plan could cost the province as much as $40 billion by 2035.

“The members of the tribunal look forward to reviewing this very important matter,” Milani said in a statement.

“We anticipate that the tribunal’s work will result in a more complete understanding of the Clean Electricity Regulations and their impact. We hope that our analysis and recommendations will provide helpful information and guidance. As chair, I am honoured to serve with such skilled and diverse colleagues.”

The tribunal is also expected to assess other federal regulations in the coming months, which the provincial government said will include the Federal Fuel Standard and a potential cap on oil and gas.