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Third Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 23

THE PESTICIDES AND FERTILIZERS CONTROL AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P40 amended

1           The Pesticides and Fertilizers Control Act is amended by this Act.

2           Section 1 is amended by adding the following definitions in alphabetical order:

"commercial manure applicator" means a person who transports manure, or applies it to land, for a fee, charge or other valuable consideration; (« applicateur professionnel de déjections »)

"manure" means feces and urine from livestock and includes associated bedding, unconsumed feed and wastewater; (« déjections »)

"manure management plan" means a manure management plan within the meaning of the regulations under The Environment Act; (« plan de gestion des déjections du bétail »)

"manure management planner" means a person who designs manure management plans for a fee, charge or other valuable consideration; (« planificateur de la gestion des déjections du bétail »)

"off-farm manure applicator" means

(a) a person

(i) whose livestock production operation produces more than a prescribed amount of a prescribed kind of manure, and

(ii) who intends to apply any of the manure to land that he or she does not own or lease, without using a commercial manure applicator to apply it, and

(b) a group of persons

(i) whose livestock production operations combined produce more than a prescribed amount of a prescribed kind of manure, and

(ii) who, in partnership or some other combination, intend to apply any of the manure to land that they do not own or lease, without using a commercial manure applicator to apply it; (« applicateur non propriétaire et non locataire »)

"person" means an individual, corporation, cooperative and partnership; (« personne »)

3(1)         The following is added after subsection 2(2):

Commercial manure applicator to obtain licence

2(2.1)      No person shall act as a commercial manure applicator unless he or she first obtains a licence from the minister for that purpose.

Off-farm manure applicator to obtain licence

2(2.2)      No off-farm manure applicator shall apply manure to land that he or she does not own or lease, or cause manure to be so applied, unless the person applying the manure holds an off-farm manure applicator's licence issued by the minister.

3(2)        Subsection 2(3) is amended by striking out "subsections (1) and (2)" and substituting "subsection (1), (2), (2.1) or (2.2)".

3(3)        Subsection 2(4) is amended

(a) by adding ", or to transport manure or apply it to land," after "fertilizer"; and

(b) in the English version, by adding "or she" after "he".

3(4)        Subsection 2(5) is amended

(a) in the section heading, by striking out "or" and substituting "on"; and

(b) in the subsection, by adding ", or to transport manure or apply it to land," after "fertilizer".

4           The following is added after section 2:

Manure management planners to be qualified

2.1         No person shall act as a manure management planner unless he or she has the qualifications prescribed by the regulations.

5(1)        Clause 4(1)(a) is replaced with the following:

(a) at any reasonable time and without warrant, enter any business premises, or any premises where the inspector has reasonable and probable grounds to believe that business records are kept, and examine and make copies of such of the following as the inspector reasonably requires to determine compliance with this Act or the regulations:

(i) books, records, registers or documents concerning the supply, sale, distribution or use of pesticides or fertilizers,

(ii) books, records, registers or documents concerning the supply, sale or transportation of manure, or its application to land;

5(2)        The following is added after clause 4(1)(b):

(b.1) stop and inspect any vehicle or enter and inspect any place in which the inspector believes on reasonable grounds there is pesticide, fertilizer, manure or another thing in respect of which this Act applies;

5(3)        The following is added after subsection 4(1):

Driver of vehicle must stop

4(1.1)      When an inspector signals or requests a person driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the inspector.

5(4)        Clause 4(2)(b) is amended by striking out "pesticide or fertilizer" and substituting "pesticide, fertilizer or manure".

5(5)        Subsection 4(3) is amended by striking out "pesticides or fertilizers or to contain a residue of pesticides or fertilizers" and substituting "pesticides, fertilizers or manure, or to contain a residue of any of them".

6           Section 5 is replaced with the following:

Permits

5           In special circumstances, the minister may issue an unlicensed person a permit

(a) to apply pesticides or fertilizers for test purposes, or to provide services involving the use or application of pesticides or fertilizers; or

(b) to transport manure or apply it to land for test purposes, or to provide services involving the transportation of manure or its application to land.

7           Section 8 is amended

(a) in clause (h), by striking out everything after "this Act";

(b) by replacing clause (i) with the following:

(i) respecting the issuing of licences, the term of licences and the suspension or cancellation of licences, and providing for

(i) the form of application for licences, including the information to be contained in and documentation required to accompany applications, and

(ii) the qualifications that a person must have to obtain and maintain a licence;

(i.1) prescribing the qualifications that are required of manure management planners;

(i.2) prescribing amounts and kinds of manure for the purposes of the definition "off-farm manure applicator";

(c) in clause (j), by striking out "or "fertilizer"" and substituting ", "fertilizer" or "manure"";

(d) in clause (n), by striking out "and" after subclause (i), by adding "and" after subclause (ii), and by adding the following as subclause (iii):

(iii) for transporting manure or applying it to land;

(e) by replacing clause (o) with the following:

(o) respecting the composition and duties of the committee;

(f) by adding the following after clause (p):

(p.1) respecting the manner in which manure may be stored, transported, applied to land or disposed of and the safety precautions which must be observed;

Coming into force

8           This Act comes into force on a day fixed by proclamation.

Explanatory Note

This Bill amends The Pesticides and Fertilizers Control Act to require anyone who gets paid a fee for transporting manure or applying it to land to be licensed.

The Bill requires the licensing of persons who apply manure from a large livestock operation to land not owned or leased by the livestock producer.

The amendments also require anyone who gets paid for developing manure management plans required by The Environment Act to have certain qualifications.

In addition, sone changes are made to the powers of inspectors under the Act and to the authority to make regulations under the Act about the Advisory Committee, about licensing, and about the handling of manure.