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Fourth 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 217

THE PHOSPHORUS CURTAILMENT ACT (MUNICIPAL ACT AMENDED AND CITY OF WINNIPEG CHARTER AMENDED)


Explanatory Note

(Assented to                                         )

WHEREAS phosphorus loading of surface waters stimulates the growth of algae, and algae has adverse environmental, health, and aesthetic effects;

AND WHEREAS municipalities must be conscientious of and responsible for the impact municipal wastewater has on local waterways;

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

PART 1

MUNICIPAL ACT

C.C.S.M. c. M225 amended

1           The Municipal Act is amended by this Part.

2           Subsection 263(1) is amended by adding the following after clause (i):

(j) records of tests of phosphorus levels in effluent or run-off, required to be made under subsection 294.3(1).

3           The following is added after Division 6.1 of Part 9:

DIVISION 6.2

PHOSPHORUS CURTAILMENT

Definitions

294.2       The following definitions apply in this Division.

"sewage works" means works constructed or maintained by a municipality for the collection, conveyance, treatment or disposal of sewage. (« réseaux d'égouts »)

"waterway" means a river, stream, creek or canal, whether natural, constructed or altered. (« cours d'eau »)

Phosphorus testing of effluent and run-off

294.3(1)    A municipality must ensure that, in accordance with the regulations,

(a) effluent from its sewage works is tested for phosphorus before being released into a waterway; and

(b) if the municipality authorizes or consents to effluent from its sewage works being released onto land, the run-off from that land is tested for phosphorus.

Offence if phosphorus content exceeds limits

294.3(2)    A municipality is guilty of an offence if, on a date listed in Column 1 of the following table,

(a) effluent that contains more phosphorus than the amount specified in Column 2 of the table is released from its sewage works into a waterway; or

(b) run-off from land on which the municipality released effluent in the preceding 12 months contains more phosphorus than the amount specified in Column 2 of the table.

Column 1
Date
Column 2
Phosphorus Content
January 1 – June 30, 2016 5 mg/L
July 1 – December 31, 2016 4 mg/L
January 1 – June 30, 2017 3 mg/L
July 1 – December 31, 2017 2 mg/L
January 1, 2018 and after 1 mg/L

Penalty

294.3(3)    A municipality that is guilty of an offence under subsection (2) is liable on summary conviction to a fine of not more than

(a) $100, for a first offence;

(b) $5,000, for a second offence; or

(c) $25,000, for a third or subsequent offence.

Regulations

294.4       For the purpose of this Division, the minister may make regulations prescribing

(a) the manner a municipality is to use in testing phosphorus levels of effluent and run-off; and

(b) the times a municipality is to test the run-off from land on which municipal effluent has been released for phosphorus.

Records of tests

294.5       A municipality must ensure that a record is made of every test done under subsection 294.3(1).

PART 2

CITY OF WINNIPEG CHARTER

4           The City of Winnipeg Charter is amended by this Part.

5           Subsection 112(1) is amended by adding the following after clause (k):

(l) records of tests of phosphorus levels in effluent or run-off under subsection 487.1(2).

6           The following is added after section 487:

PHOSPHORUS CURTAILMENT

Definition

487.1(1)    In this section, "sewage works" means works constructed or maintained by the city for the collection, conveyance, treatment or disposal of sewage.

Phosphorus testing of effluent and run-off

487.1(2)    The city must ensure that, in accordance with the regulations,

(a) effluent from its sewage works is tested for phosphorus before being released into a waterway; and

(b) if the city authorizes or consents to effluent from its sewage works being released onto land, the run-off from that land is tested for phosphorus.

Offence if phosphorus content exceeds limits

487.1(3)    The city is guilty of an offence if, on a date listed in Column 1 of the following table,

(a) effluent that contains more phosphorus than the amount specified in Column 2 of the table is released from its sewage works into a waterway; or

(b) run-off from land on which the city released effluent in the preceding 12 months contains more phosphorus than the amount specified in Column 2 of the table.

Column 1
Date
Column 2
Phosphorus Content
January 1 – June 30, 2016 5 mg/L
July 1 – December 31, 2016 4 mg/L
January 1 – June 30, 2017 3 mg/L
July 1 – December 31, 2017 2 mg/L
January 1, 2018 and after 1 mg/L

Penalty

487.1(4)    If the city is guilty of an offence under subsection (2), the city is liable on summary conviction to a fine of not more than

(a) $100, for a first offence;

(b) $5,000, for a second offence; or

(c) $25,000, for a third or subsequent offence.

Regulations

487.1(5)    For the purpose of this section, the minister may make regulations prescribing

(a) the manner the city is to use in testing phosphorus levels of effluent and run-off; and

(b) the times the city is to test the run-off from land on which municipal effluent has been released for phosphorus.

Records of tests

487.1(6)    The city must ensure that a record is made of every test done under subsection (2).

PART 3

COMING INTO FORCE

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill requires effluent from municipal sewage works to be tested for phosphorus before being released into a waterway.

Run-off from land must also be tested for phosphorus if a municipality discharges effluent onto the land.

The municipality commits an offence if the amount of phosphorus in the effluent or run-off exceeds the limits specified in the Bill.