water protection act manitoba
Despite subsection (1), no compensation is payable where the action is taken, or the regulation or order is made, for a purpose relating to public health or the provision of drinking water. Every report prepared after 2019 must include a comparison of the current nutrient level at each location against nutrient levels recorded in previous reports. Statutes and Regulations Act does not apply, The Statutes and Regulations Act does not apply to, (a) a declaration of a serious water shortage made under subsection (1) or a declaration that a serious water shortage has ended made under subsection (4); or. Section 19 applies to amendments under this section. (« municipalité »), "nutrient" means any substance that provides nourishment and promotes growth of aquatic organisms when transmitted to water. (a) the species is not native to Manitoba; (b) members of the species live in or near a water body; and. This information must be provided to the director at the time the objection is referred. (h) any other matter that the minister considers relevant. The minister may make any regulations the minister considers necessary or advisable to carry out the purposes of this section. Considerations in recommending regulations re zone, Before recommending that a regulation be made under subsection (1), the minister may consider scientific and other information relating to. (b) a regulation made or an order issued under subsection (2). (c) to support any other water management, water quality or aquatic ecosystem purpose that the Lieutenant Governor in Council considers advisable. (« ordre de prévention »), "control station" means an aquatic invasive species control station established under section 29.7. Unless authorized by an inspector or officer, a person must not enter an area, conveyance or structure, (a) around which a temporary barrier has been established under clause (1)(a) or subsection (2); or. (i) regulating or prohibiting the movement of conveyances, water-related equipment and carriers within the control zone, or into or out of the control zone, (ii) regulating or prohibiting specified activities within the control zone that may lead to the introduction or spread of the aquatic invasive species, and. (d) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with an officer, inspector or any other person acting under the authority of this Act. Estimates of capital costs and operating expenses to accompany plan. Nutrient targets are intended to provide a means for water management authorities in Manitoba and other jurisdictions that share a transboundary river basin with Manitoba to measure water quality and track progress on reducing nutrient levels in water bodies. A prosecution for an offence under this Act may not be commenced later than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an officer; and the certificate of an officer as to the day on which the evidence came to his or her knowledge is evidence of that date. Upon receiving an objection under subsection (2), the director must, (a) notify the minister that an objection has been received; and. ; and. Bio-solids and wastewater sludge remaining after the treatment process must be reused. Report may be referred to Public Utilities Board. Every report prepared after 2019 must include a comparison of the current nutrient level at each location against nutrient levels recorded in previous reports. Sections 15 to 21 apply to the review of a plan, and its approval, with the necessary changes. (ii) to allow a specified person to clean or treat it; (c) clean or treat the conveyance or water-related equipment in the manner specified in the order; (d) report to a specified location with proof of compliance with the order. (« ministre »), "municipality" includes a community as defined in The Northern Affairs Act. The minister must, not later than five years after the date on which a regulation under section 5 comes into force, require the expert advisory council to, (a) review the effectiveness of the regulation and, in the course of that review, consult with any persons affected by the regulation that the council considers appropriate; and. NOTE: Section 44 was never proclaimed into force and was repealed by S.M. (b) water-related equipment that is in a water body or that is located in a public area in close proximity to a water body. of dishwashing detergent and other products. We achieve our goals by … (« organisme de planification des eaux »), "watershed" means an area designated as a watershed under section 14. (iv) activities in water quality management zones, riparian areas, wetlands, flood areas, flood plains and reservoir areas. 2011, c. 36, s. 18; S.M. 2018, c. 6, s. 65; S.M. A warrant may be made subject to any conditions specified in it. (« licence environnementale »), "minister" means the minister responsible for the administration of The Environment Act. The "Water Stewardship Fund" is established, consisting of. (b) conduct any test or analysis, take any specimen or sample, set up any equipment and take any photographs or other images that may assist in the survey. (c) on highways that lead to water bodies. (a) the physical characteristics of land in the area, including its topography and soil types; (b) the ability of the soil or water in the area, or water downstream of the area, to assimilate nutrients and other pollutants; (c) water bodies or groundwater in the area, including information relating to. The Manitoba government is releasing details of new legislation it says will better protect drinking water. S.M. A regulation designating a control zone must. When a member of an aquatic invasive species has been found in Manitoba, an inspector or officer may issue a written order to, (b) the person who owns or occupies, or who is in charge of, the land, building or place where the member was found; or. Plan to be submitted to minister for approval. (b) at or near access points to water bodies; and. Designation even if species not in Manitoba. Nutrients that are removed must be recovered and recycled to the maximum extent possible through application of the best available technologies. (« moyen de transport »), "invasive species" means a species that is not native to Manitoba. A corporation that is guilty of an offence under this Act is liable on summary conviction, (a) for a first offence, to a fine of not more than $500,000. Manitoba’s new water management strategy will see much steeper fines for those who illegally drain wetlands but financial rewards for those who protect them. A certificate appearing to be signed by an analyst — or a copy or extract of the certificate certified by the analyst as a true copy or extract — stating that the analyst has analyzed a sample of water or other substance, and giving the results, is admissible in evidence in any proceeding as proof of the facts stated, unless the contrary is shown. The City of Winnipeg must implement and comply with the plan as approved by the minister. The following definitions apply in this Part and Part 4. (a) use a data processing system at the place where the records, documents or things are kept to examine any data contained in or available to the system; (b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system at the place; and. The plan submitted under subsection 4.2(3) must be accompanied by a report that details the following: (a) the estimated capital costs of replacing or modifying the North End Water Pollution Control Centre; (b) the estimated annual operating expenses of a replaced or modified North End Water Pollution Control Centre; (c) the anticipated effects of those capital costs and annual operating expenses on water and wastewater rates set by the City of Winnipeg. (« espèce »), "watercraft" means a motorboat, sailboat, personal watercraft, canoe or other thing designed to transport a person on water. Bill 7 ( The Sustainable Watersheds Act ) was introduced last fall and given royal assent on June 4, making it law. (a) respecting grants, including the terms and conditions on which grants may be made by the minister; and. boundary waters means the waters from main shore to main shore of the … (b) on or before any review date specified in the plan. S.M. (f) the benefits of providing financial incentives for activities that protect or enhance water, aquatic ecosystems or drinking water sources. (c) the person who operates, possesses or is in charge of the conveyance or structure where the member was found. MEASURES TO CONTAIN OR ERADICATE AQUATIC INVASIVE SPECIES, Restricted access re aquatic invasive species, When a member of an aquatic invasive species has been found in Manitoba, an inspector, officer or a person acting under his or her direction may, (a) establish a temporary barrier around the immediate area where the member was found or around a conveyance or structure where the member was found; or. The purpose of this Act is to provide for the protection and stewardship of Manitoba's water resources and aquatic ecosystems, recognizing. (b) to take any action that the justice considers appropriate to remedy or avoid any harm to the environment that resulted or may result from the commission of the offence. S.M. A warrant under this section may be issued upon application without notice. When reasonably required to administer or determine compliance with this Act, an officer may stop a conveyance and conduct an inspection if he or she has reasonable grounds to believe that, (a) the conveyance is in a water body or has recently been in a water body; or. (v) water demand management, water use practises and priorities, the conservation of water supplies, and the reduction of water use and consumption during droughts and other periods of water shortage. On the recommendation of the minister, the Lieutenant Governor in Council may make regulations. The new proposed act would include a number of key changes including: new requirements that would ensure drainage projects do not result in loss of certain classes of wetlands; Supporting transboundary water management groups. A certification is valid for two years from the date of certification, unless the AIS director cancels the certification earlier. A water planning authority must review its approved watershed management plan, in accordance with the regulations, (a) when directed to do so by the minister; and. If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence. An objection under subsection (2) must be based on written scientific or technical information relating to an area proposed to form all or part of the water quality management zone. ; and. The determination of the purpose of the action, regulation or order is to be made by the minister. In preparing a watershed management plan, the water planning authority must consult with the following: (a) if land within the watershed is in a watershed district or planning district, the board of that district; (a.1) if land within the watershed is in an area subject to an approved aquifer management plan, the aquifer planning authority for the aquifer management zone; (b) the council of any municipality located wholly or partly within the watershed; (c) any band, as defined in the Indian Act (Canada), that has reserve land within the watershed; and. 2018, c. 30, Sch. (b) any information that the officer may reasonably require. (« moyenne mobile de 30 jours »), "environmental licence" means the licence issued under The Environment Act to the City of Winnipeg for the alteration and operation of the North End Water Pollution Control Centre, identified as licence number 2684 RRR, and includes any further revised version of that licence or a substituted licence. A party intending to produce a certificate in a proceeding must give notice of that intention and a copy of the certificate to each other party at least seven days before the date fixed for the hearing. When conducting a survey, an inspector or officer and any person acting under his or her direction may, (a) examine any thing that he or she has reasonable grounds to suspect is an invasive species or may contain evidence of an invasive species; and. "prescribed" means prescribed by regulation. (b) the undertaking of one person to pay that compensation, on those terms, to the other person. For the purpose of determining the presence of aquatic invasive species or carriers, an inspector may conduct a visual or tactile inspection of, (a) the exterior of a conveyance that is docked or moored in a water body or that has been left at or near an access point to a water body; and. (c) the AIS director is satisfied that the applicant and all of his or her employees will clean or treat watercraft and water-related equipment in a prescribed manner. If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence. The AIS director must consider the appeal as soon as practicable after it is received and may confirm the control order, quash it, or vary it in any manner he or she considers appropriate. (iii) prohibiting or restricting public access to the control zone or specified areas of the control zone, including regulating or prohibiting the entry or movement of conveyances and water-related equipment in the control zone or in specified areas of the control zone. 2018, c. 30, Sch. The permit holder must comply with any terms or conditions set out in the permit. (« plan de gestion d'un bassin hydrographique approuvé »), "aquatic ecosystem" means the components of the earth related to, living in or located in or on water or the beds or shores of a water body, including but not limited to, (a) all organic and inorganic matter; and. (« produit de nettoyage »), "department" means the department of government over which the minister presides. In that case, the item seized must be brought before, or reported to, a justice, who must deal with it according to law. (a) the applicant has the required knowledge, equipment and facilities to prevent the unauthorized release or spread of an aquatic invasive species; (b) the applicant will take all necessary steps to prevent the unauthorized release or spread of an aquatic invasive species; and. An order to pay costs made under subsection (2) may be filed in the Court of Queen's Bench and enforced as if it were an order of the Court. (a) water quality standards, objectives and guidelines that apply to the area; (b) approved watershed management plans and approved aquifer management plans that apply to the area; and. (b) exempting the applicant from the application of all or part of the regulation for that period, or any part of it. boundary waters. A control zone may include any area of Manitoba, whether or not an aquatic invasive species is present in the area, or in all parts of the area. (« plan de gestion d'aquifères approuvé »), "approved watershed management plan" means a watershed management plan approved under Part 3. In addition, the minister may require a water planning authority to make amendments to an approved plan about any matter the minister specifies, and the authority must prepare the amendments and submit them to the minister for approval. (a) a member of the species whether it is alive or dead; (b) a member of the species at any stage of development; and. analyst. Manitoba Conservation and Climate provides services in a variety of areas aimed at protecting, maintaining and improving our province's essential water resources, including the protection of human health and property. The operator of a watercraft, or a motor vehicle transporting a watercraft, that is approaching a control station must. Transitional orders re existing operations, A regulation made under Part 2 other than section 11, or under any of clauses 39(1)(b) to (d), may provide that an owner or operator of a commercial or agricultural operation affected by the regulation may apply to a director for an order, (a) specifying a transitional plan by which the applicant may, over a specified period, come into compliance with the regulation; and. A certification is valid for two years from the date of certification, unless the AIS director cancels the certification earlier. (e) any other money received by the fund. Within 60 days after an advertisement is published under subsection (1), and subject to subsection (3), any person may refer a written objection to the proposed regulation to a director, in a form approved by the minister. (« bassin fluvial transfrontalier »), "water" means all surface water and groundwater, whether in solid or liquid form. (b) any information that the officer may reasonably require. An order to pay costs made under subsection (2) may be filed in the Court of Queen's Bench and enforced as if it were an order of the Court. Estimates of capital costs and operating expenses to accompany plan. (« produit de soins personnels »), "planning district" means a planning district as defined in The Planning Act. If an inspector or officer finds a member of an invasive species that has not been designated as an aquatic invasive species but he or she has reason to suspect that the species may have a negative effect on aquatic ecosystems in Manitoba, the inspector, officer or a person acting under his or her direction may take the actions set out in clause (1)(a) or (b) in relation to the member that was found. (a) identify the area that is the subject of the designation; (b) identify the aquatic invasive species that is the subject of the designation; and, (c) specify the measures to prevent the introduction of the aquatic invasive species or control its spread in the control zone, such as. S.M. (« zone réglementée »), "conveyance" means a motor vehicle, watercraft and aircraft. (vii) emergency preparedness to address spills, accidents and other emergencies that may affect water, an aquatic ecosystem or a drinking water source; (c) specify linkages between water management and land use planning so as to facilitate the adoption, in a development plan or other planning instrument, of some or all of the provisions of the watershed management plan; and. (c) to support any other water management, water quality or aquatic ecosystem purpose that the Lieutenant Governor in Council considers advisable. (iii) coordinate water storage and drainage practices, (iv) cooperate in the design and development of flood and drought mitigation infrastructure, and. (a) use a data processing system at the place where the records, documents or things are kept to examine any data contained in or available to the system; (b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system at the place; and. (f) the benefits of providing financial incentives for activities that protect or enhance water, aquatic ecosystems or drinking water sources. (c) the issuance of the permit is in the public interest. S.M. A party intending to produce a certificate in a proceeding must give notice of that intention and a copy of the certificate to each other party at least seven days before the date fixed for the hearing. For the purpose of determining the presence of aquatic invasive species or carriers, an inspector may conduct a visual or tactile inspection of, (a) the exterior of a conveyance that is docked or moored in a water body or that has been left at or near an access point to a water body; and. The Lieutenant Governor in Council may make regulations. (i) the water quality characteristics of the water, (ii) the susceptibility of the water to contamination or adverse changes in level or in-stream flow, and. Subsection (1) does not apply to selling, supplying, or offering to sell or supply a cleaning product, personal care product or chemical water conditioner, or to manufacturing or distributing any of those products or bringing them into Manitoba for use in Manitoba, if the activity has been exempted — by a regulation made so that the product or water conditioner may be used to reduce a risk to human health — from the operation of that subsection. 2012, c. 27, s. 91; S.M. The notice of appeal must state the reasons for the appeal and any facts relied on by the appellant. (b) it has been operated or used outside of Manitoba. (« inspecteur »), "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. If the proposed plan is satisfactory to the minister, the minister may approve it in the form in which the water planning authority submitted it. RESTRICTIONS ON DISHWASHING DETERGENT AND OTHER PRODUCTS, Prohibition on sale, etc. (b) if a sign or marker posted or erected under clause (1)(b) or subsection (2) prohibits entry. This included protecting waters on which the public has the right to travel (navigable waters). When conducting a survey, an inspector or officer may be accompanied by a person with technical or scientific experience. If a serious water shortage is declared, the minister may take any action, make any regulation or issue any order that in his or her opinion is necessary to prevent, minimize or alleviate the water shortage. (b) specify a date by which the plan must be reviewed. 2012, c. 27, s. 91; S.M. 2013, c. 39, Sch. (a) a member of the species whether it is alive or dead; (b) a member of the species at any stage of development; and. The requirements in items 2 to 6 must be met to the director's satisfaction. For the purposes of the administration and enforcement of this Part, a member of a species that is not easily distinguishable from an aquatic invasive species is deemed, in the absence of evidence to the contrary, to be a member of an aquatic invasive species. (« matériel nautique »), In this Part, a reference to a species or a member of a species includes. (b) all living organisms and their habitat; and their interacting natural systems. (a) contravenes a provision of this Act, or fails to comply with a provision of an order issued under this Act; (b) makes a false statement to an officer, inspector or any other person acting under the authority of this Act; (c) provides a false statement in an application, record or other document given or required under this Act; or. Within 60 days after notifying the minister of the objection, the director must give advice to the minister as to whether the proposed regulation should be varied or revised. Transboundary water management principles, Coordinated transboundary river basin water management recognizes that, (a) water management decisions and policies affecting water quality in one part of a transboundary river basin have an impact on other jurisdictions in the basin; and, (b) water quality will improve and flooding and drought impacts will be reduced throughout a transboundary river basin if all jurisdictions in the basin. A regulation made under this Act may apply to the whole province or part of it, and may apply to one or more water bodies. Restricted access re other invasive species. View the webinar and slides. Water Resources. (c) the species has a negative effect on aquatic ecosystems in Manitoba or is likely to have a negative effect on aquatic ecosystems in Manitoba. NOTE: These sections contained related amendments to other Acts that are now included in those Acts. (b) the steps taken by the government to promote and support nutrient reduction policies and programs in other jurisdictions that share a transboundary river basin with Manitoba. (a) designating any area of the province as a water quality management zone for the purpose of protecting water, aquatic ecosystems or drinking water sources; (b) governing, regulating or prohibiting any use, activity or thing in a water quality management zone or any part of a zone. Regulation under The Manitoba Water Protection Act : consultation document for initial review : respecting water quality management zones for nutrients. WHEREAS an abundant supply of high quality water is essential to sustain all ecological processes, life-support systems and food production, and is paramount to the environmental, economic and social well-being of Manitoba now and in the future; AND WHEREAS access to sufficient, safe, acceptable, and affordable water for personal and domestic uses is internationally recognized as a fundamental right of citizens; AND WHEREAS the Government of Manitoba recognizes the importance of the Canada-United States Boundary Waters Treaty and other inter-jurisdictional agreements protecting water, and the shared right and responsibility of all jurisdictions in the Hudson Bay drainage basin to protect water resources within the basin; AND WHEREAS to most effectively ensure that drinking water is kept clean, safe and reliable, it is necessary to complement the provisions of The Drinking Water Safety Act with additional measures to protect drinking water sources; AND WHEREAS Manitobans recognize that many human activities, including the use and consumption of water for all purposes, the production of waste and wastewater effluent, and industrial, agricultural and recreational activities, may impair the quality and quantity of our water resources, and that stewardship of these invaluable resources is a responsibility shared by all; AND WHEREAS the Government of Manitoba is committed to watershed planning as an effective means to address risks to water resources and aquatic ecosystems, and believes that residents of watersheds should be consulted when watershed plans are developed; AND WHEREAS aquatic invasive species pose a significant threat to aquatic ecosystems in Manitoba; THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: The following definitions apply in this Act. 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