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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 8

THE PHOSPHORUS REDUCTION ACT (WATER PROTECTION ACT AMENDED)


Explanatory Note

WHEREAS the Government of Manitoba is committed to protecting the ecological health of all waters in Manitoba;

AND WHEREAS some waters, such as Lake Winnipeg and its watershed, are receiving excessive amounts of the plant nutrient phosphorus from urban and rural sources, resulting in algal blooms of increasing intensity and frequency;

AND WHEREAS studies done in Manitoba show that these excessive amounts of phosphorus emanate from a large number of small sources, including phosphorus in dishwashing detergent and other common products;

AND WHEREAS the Lake Winnipeg drainage basin includes significant portions of Alberta, Saskatchewan, Manitoba and Ontario, such that federal action to address the problem would be most effective;

AND WHEREAS the federal government has not enacted legislation to address the danger posed to the ecological health of water by dishwashing detergent and other common products (except laundry detergent) containing phosphorus;

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

C.C.S.M. c. W65 amended

1           The Water Protection Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definitions:

"chemical water conditioner" means a water softening chemical, antiscale chemical, corrosion inhibitor or other substance used or intended to be used to treat water. (« conditionneur d'eau chimique »)

"cleaning product" means a dishwashing detergent or compound, household cleaner, commercial cleaner, industrial cleaner, metal cleaner, degreasing compound or other substance used or intended to be used for cleaning purposes. (« produit de nettoyage »)

"personal care product" means a personal hygiene or cosmetic product, including shampoo, toothpaste, mouthwash and soap. (« produit de soins personnels »)

3           The following is added after section 8:

DISHWASHING DETERGENT AND OTHER PRODUCTS CONTAINING PHOSPHORUS

Prohibition on sale, etc. of dishwashing detergent and other products containing phosphorus

8.1(1)      No person shall, on or after July 1, 2010, sell, supply, offer to sell or supply, manufacture, distribute, or bring into Manitoba for use in Manitoba,

(a) a dishwashing detergent or other dishwashing compound — whether used or intended to be used for cleaning dishes by machine or by hand — that contains more than 0.5% phosphorus by weight, expressed as elemental phosphorus;

(b) any other cleaning product prescribed by regulation;

(c) a prescribed personal care product; or

(d) a prescribed chemical water conditioner.

Exemptions

8.1(2)      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.

Prohibition on use of products containing phosphorus

8.2         No person shall, on or after July 1, 2010, use a prescribed cleaning product, personal care product or chemical water conditioner for any purpose specified by regulation.

4           Subsection 39(1) is amended by adding the following after clause (c):

(c.1) prescribing a cleaning product that contains phosphorus, or a class of cleaning products that contain phosphorus, for the purpose of clause 8.1(1)(b);

(c.2) prescribing a personal care product that contains phosphorus, or a class of personal care products that contain phosphorus, for the purpose of clause 8.1(1)(c);

(c.3) prescribing a chemical water conditioner that contains phosphorus, or a class of chemical water conditioners that contain phosphorus, for the purpose of clause 8.1(1)(d);

(c.4) exempting an activity or class of activities from the application of subsection 8.1(1), for the purpose of enabling a cleaning product, personal care product or chemical water conditioner to be used to reduce a risk to human health;

(c.5) prescribing a cleaning product, personal care product, or chemical water conditioner, that contains phosphorus, or a class of any such products or conditioners that contain phosphorus, for the purpose of section 8.2;

(c.6) specifying a purpose for which the use of a prescribed cleaning product, personal care product or chemical water conditioner is prohibited under section 8.2;

Coming into force

5           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Water Protection Act to reduce the amount of phosphorus released into Manitoba's water from cleaning products such as dishwashing detergent, personal care products and chemical water conditioners.

It includes provisions that, starting July 1, 2010, will prohibit selling, supplying, manufacturing, distributing or importing dishwashing detergent that contains more than 0.5% phosphorus, and other products containing phosphorus that are prescribed by regulation.  Regulations may also be made that would prohibit particular uses of these products.

The Bill also provides an exemption power to allow for the continued use of these products where necessary to reduce a risk to human health.