Saskatchewan Plays the Trump Card over Municipal MMA Regulation

Posted: July 30, 2013 in Municipal MMA Law, Saskatchewan MMA Law

Earlier this month I discussed the combat sports athletic commission rumored to be coming to Weyburn, Sakatchewan concluding that if Cities in Saskatchewan have the authority to regulate MMA under the Cities Act and there is “no interference from the Provincial legislature” then the path may be clear for municipal commissions.

I have just been informed that the Province will in fact interfere with this development making it clear that in their view the Cities Act will not give Weyburn the authority to regulate MMA.  Melanie Baumann, Senior Policy Analyst for Saskatchewan’s Ministry of Parks, Culture and Sport has set out the Province’s position as follows:

Regarding the messaging about the Weyburn event, bylaw and interest in bringing in the Central Commission from Alberta….

 Our legal advice is as follows: “the passing of such a bylaw and establishing such a body would not come within the proposed amendments of the Criminal Code so as to make a professional MMA fight legal under the Code. While the bodies established by municipalities under the existing legislation can be seen to be established “under the authority of the province’s legislature”, they are established pursuant to a general authority and as such would not come within the wording of the section.”

 If the government chooses to sanction professional MMA (regardless of whether provincial or municipal), new legislation or amendments to the three Municipal Acts would need to be done. 

Ms. Bauman’s analysis may prove troubling for Commissions in Alberta if their authority was scrutinized as their powers are derived from a similar legal footing as what Weyburn purported to do.  Although, as previously discussed, section 535 of Alberta’s Municipal Government Act is a strong factor in support of Municipal Commission powers in Alberta and a similar section does not exist in Saskatchewan.  The bottom line is Provincial governments have the trump card in how Combat Sports will be regulated in Canada.  Saskatchewan has played theirs.

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Comments
  1. […] Saskatchewan Plays the Trump Card over Municipal MMA Regulation […]

  2. […] Saskatchewan Plays the Trump Card over Municipal MMA […]

  3. […] it was announced that the City has plans to regulate MMA the Province stepped in saying such a law would exceed the City’s authority.  The City has complied with the Province’s direction pulling the plug on the proposed Bylaw […]

  4. […] government of the Northwest Territories the Commission’s existence would likely be in peril as was demonstrated by Saskatchewan’s recent actions.  If the Territorial government does not want to play their trump card and is ok with the […]

  5. […] The New Brunswick Provincial law does not contain a similar provision.  At best it appears the City of Moncton can try to rely on the general powers they have through the Municipalities Act to regulate MMA.  When a city in Saskatchewan tried the same thing the Province was quick to shut down the effort stating the City law would not comply with the Criminal Code. […]

  6. […] The New Brunswick Provincial law does not contain a similar provision. At best it appears the City of Moncton can try to rely on the general powers they have through the Municipalities Act to regulate MMA. When a city in Saskatchewan tried the same thing the Province was quick to shut down the effort stating the City law would not comply with the Criminal Code. […]

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