Sandy Pond: Reasons for Judgment and Judgment

Sandy Pond Alliance to Protect Canadian Waters Inc. (the “Applicant”) commenced this application for judicial review pursuant to section 18.1 of the Federal Courts Act, R.S.C. 1985, c. F-7 and the Federal Courts Rules, SOR/98-106 (the “Rules”), seeking a declaration that the regulatory scheme set out in sections 5 and 27.1 and Schedule 2 of the Metal Mining Effluent Regulations, SOR/2002-222 (the “2002 MMER” or the “2002 Regulations”), as amended by the Regulations Amending the Metal Mining Effluent Regulations, SOR/2006-239 (the “2006 MMER” or “2006 Regulations”) are ultra vires the regulation-making powers granted to the Governor in Council pursuant to the provisions of the Fisheries Act, R.S.C. 1985, c. F-14 (the “Fisheries Act” or the “Act”).