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”).
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