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Fifth 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 46

THE SAVE LAKE WINNIPEG ACT


Explanatory Note

(Assented to                                         )

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

AND WHEREAS, despite significant progress, Lake Winnipeg and its watershed continue to receive excessive amounts of phosphorus and nitrogen that result in algae blooms of increasing intensity and frequency;

AND WHEREAS recent studies demonstrate that without significant reductions of nutrients and, in particular, phosphorus, Lake Winnipeg's ecological health will continue to decline, making restoration efforts increasingly more difficult or impossible;

AND WHEREAS nutrients come into Lake Winnipeg from many urban and rural sources including flooded lands, excess fertilizers, livestock manure, loss of wetlands, substandard septic systems, inadequately treated municipal sewage, and many others;

AND WHEREAS because of the ecological significance of Lake Winnipeg further environmental protection measures need to be taken to protect and restore Lake Winnipeg to an ecologically healthy condition;

AND WHEREAS the Government of Manitoba must continue to demonstrate leadership, setting high standards for those activities contributing nutrients from sources within Manitoba and securing, through cooperation and agreement, similar high standards for nutrients coming from Manitoba's upstream neighbours;

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

PART 1

THE CROWN LANDS ACT

C.C.S.M. c. C340 amended

1           The Crown Lands Act is amended by this Part.

2           The following is added after section 7.1:

WETLANDS

Wetlands

7.1.1(1)    On the recommendation of the minister and the minister responsible for The Water Protection Act, the Lieutenant Governor in Council may make regulations

(a) designating any area of Crown land as a provincially significant wetland;

(b) governing, regulating or prohibiting any use, activity or thing in a designated wetland or in any part of a designated wetland.

Considerations

7.1.1(2)    In deciding whether to recommend a regulation that designates Crown land as a provincially significant wetland, the ministers must consider

(a) whether the wetland is a coastal marsh directly linked to a large Manitoba lake;

(b) whether the wetland is valuable for the purposes of flood control, drought control, protection of a drinking water source, the recharge or discharge of groundwater or water quality protection;

(c) whether the wetland contains or could contain significant wetland ecosystems or biodiversity, including habitat for species declared endangered, threatened or extirpated under The Endangered Species Act;

(d) any other matter the ministers consider appropriate.

Limit

7.1.1(3)    A regulation made under subsection (1)

(a) is not to be interpreted so as to abrogate or derogate from the aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982;

(b) does not affect the powers and duties of the minister responsible for the administration of The Water Rights Act; and

(c) does not affect the rights of a lessee under a lease of Crown lands.

PART 2

THE ENVIRONMENT ACT

C.C.S.M. c. E125 amended

3           The Environment Act is amended by this Part.

4           Subsection 40.1(1) is replaced with the following:

Prohibition — confined livestock areas and manure storage facilities for pigs

40.1(1)     Except as authorized by a permit issued under this section, no person shall construct, expand or modify a confined livestock area for pigs or a pig manure storage facility on land that is within

(a) an area listed in the Schedule; or

(b) any other area of Manitoba.

5           The following is added after section 40.1:

Prohibition — winter spreading

40.2(1)     No person shall apply livestock manure to land between November 10 of one year and April 10 of the following year.

Exception — fewer than 300 units

40.2(2)     Until November 10, 2013, subsection (1) does not apply to the operator of, or a person employed in, an agricultural operation with fewer than 300 animal units if the operation was in existence on March 30, 2004, and had fewer than 300 animal units on that date.

Regulations

40.2(3)     Subsections (1) and (2) are subject to the regulations.

Definitions

40.2(4)     In this section,"agricultural operation", "animal unit", "livestock" and "manure" have the meanings prescribed in the regulations.

Prohibition — disposal fields in capital region

40.3(1)     No person shall construct, install, site, locate, replace, expand or modify a disposal field on any parcel of land resulting from a subdivision of land approved after this section comes into force, if

(a) the parcel of land is within the City of Winnipeg and is less than 0.8 ha (2 acres); or

(b) the parcel of land is within a municipality named in clauses 3(1)(a) to (o) of The Capital Region Partnership Act, and is either

(i) within the Red River corridor, or

(ii) outside the Red River corridor and less than 0.8 ha (2 acres).

Exception — existing disposal fields

40.3(2)     Subsection (1) does not apply to the replacement, expansion or modification, as permitted under the regulations, of a disposal field that existed before the subdivision was approved.

Definition of "Red River corridor"

40.3(3)     In this section, "Red River corridor" means the Red River Corridor Designated Area as described in Plan No. 8303-2009, which is filed at the head office of Environmental Services of the Department of Conservation in Winnipeg.

PART 3

THE MINES AND MINERALS ACT

C.C.S.M. c. M162 amended

6           The Mines and Minerals Act is amended by this Part.

7           Subsection 14(7) is amended by striking out "The director" and substituting "Subject to section 128.1, the director".

8           The following is added after section 128:

Moratorium on permits or leases for peat and peat moss

128.1(1)    For two years after this section comes into force, and for any longer period prescribed by regulation,

(a) no quarry permit for peat or peat moss may be issued under subsection 14(7) or 133(2);

(b) no quarry lease for peat or peat moss may be granted under subsection 139(2); and

(c) no application to enlarge the area covered by an existing quarry lease for peat or peat moss may be approved under subsection 139(2.1).

Moratorium applies to pending applications

128.1(2)    Subsection (1) applies despite any other provision of this Act and even if an application respecting a quarry permit or quarry lease was made before this section comes into force.

Regulations

128.1(3)    The Lieutenant Governor in Council may make regulations

(a) prescribing a period for the purpose of subsection (1);

(b) respecting the administration of applications that were made in respect of quarry permits or quarry leases before this section comes into force and for which a permit, lease or approval has not been granted.

9           Subsection 133(2) is amended by adding "section 128.1 and" before "Part 9".

10(1)       Subsection 139(2.1) is amended by adding ", subject to section 128.1," after "the minister may".

10(2)       Subsection 139(3) is amended by adding the following at the end: "For the period of the moratorium under section 128.1, a conversion may not be granted in respect of a permit for peat or peat moss."

PART 4

THE PLANNING ACT

C.C.S.M. c. P80 amended

11          The Planning Act is amended by this Part.

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

Interpretation — "capital region"

1(3)        For the purposes of this Act, a municipality is considered to be in the capital region only if it is listed in clauses 3(1)(a) to (o) of The Capital Region Partnership Act.

13          The following is added after subsection 51(1):

When drinking water and wastewater plans required

51(1.1)     Before approving a development plan by-law submitted by a board or council that is subject to section 62.2 (drinking water and wastewater management plans), the minister must be satisfied that

(a) the existing municipal drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; or

(b) if capacity is insufficient, the board or council, in preparing the development plan and the drinking water and wastewater management plans, has identified

(i) the infrastructure investments necessary to accommodate the projected development, and

(ii) how those infrastructure investments will be made in a sustainable and financially viable manner.

14          The following is added after section 62.1 and before Division 2:

WATER AND WASTEWATER INFRASTRUCTURE

Drinking water and wastewater management plans

62.2(1)     When preparing a development plan or amending or re-enacting a development plan by-law, the following bodies must also prepare drinking water and wastewater management plans and submit them to the minister:

(a) the board of a planning district that includes, within its boundaries, a municipality in the capital region;

(b) the council of a municipality in the capital region, if the municipality is not a member of a planning district;

(c) a board or council that is required to do so by the minister under subsection (2).

Minister's order for plans to be prepared

62.2(2)     The minister may, if in his or her opinion the circumstances warrant, require the council of a municipality that is outside the capital region, or the board of a planning district that includes such a municipality within its boundaries, to prepare drinking water and wastewater management plans and submit them to the minister.

Content

62.2(3)     The drinking water and wastewater management plans must

(a) provide the analysis undertaken to confirm if the existing drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; and

(b) set out the ways in which the planning district or municipality will ensure that, in the provision of drinking water and wastewater services,

(i) health and safety will be protected,

(ii) the environment will be protected,

(iii) the capacity and sustainability of the sources of water on which the services rely will not be exceeded, and

(iv) water conservation and water use efficiency will be promoted.

PART 5

THE WATER PROTECTION ACT

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

15          The Water Protection Act is amended by this Part.

16          The following is added after section 4:

NORTH END WATER POLLUTION CONTROL CENTRE

Definitions

4.1         The following definitions apply in this section and in sections 4.2 to 4.4.

"30-day rolling average" means the arithmetic average of any daily reported data plus the preceding 29 consecutive days of reported data. (« 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. (« licence environnementale »)

"minister" means the minister responsible for the administration of The Environment Act. (« ministre »)

"North End Water Pollution Control Centre" means the City of Winnipeg's wastewater treatment plant located at 2230 Main Street, in the City of Winnipeg, that is commonly referred to as the North End Water Pollution Control Centre. (« usine de traitement »)

City of Winnipeg to replace or modify North End Water Pollution Control Centre

4.2(1)      The City of Winnipeg must, by December 31, 2014 — or by any later date specified by regulation or in the environmental licence — replace the North End Water Pollution Control Centre, or make modifications to it, so as to ensure that on and after that date the requirements of subsection (2) are met.

Wastewater treatment requirements

4.2(2)      The requirements referred to in subsection (1) are as follows:

1.  Wastewater effluent discharged from the North End Water Pollution Control Centre must meet the following:

(a) total phosphorous concentrations must not exceed 1.0 mg/L, as determined by the 30-day rolling average;

(b) total ammonia must not exceed the limits set out in the following table, or any more stringent limits that are specified by regulation:

Month Ammonia Nitrogen (as N)
(kg/any 24-hour period)
January 7580
February 8675
March 13057
April 29021
May 13331
June 7312
July 4507
August 2262
September 2663
October 3415
November 4035
December 5774

(c) any other substance must not exceed the limits specified by regulation for that substance.

2.  Nutrient removal must be achieved primarily by biological methods through application of the best available technologies.

3.  The use of chemical methods to remove nutrients must be minimized.

4.  If the North End Water Pollution Control Centre is not able to fully remove nitrogen by the date required by subsection (1), it must be capable of being modified to do so with minimal additional costs.

5.  Nutrients that are removed must be recovered and recycled to the maximum extent possible through application of the best available technologies.

6.  Bio-solids and wastewater sludge remaining after the treatment process must be reused.

The requirements in items 2 to 6 must be met to the director's satisfaction.

City to submit plan to minister

4.2(3)      Within one year after the day this section comes into force, the City of Winnipeg must submit to the minister, for his or her consideration and approval, a plan that details how the City will comply with subsections (1) and (2).

Licence amended to give effect to statutory requirements

4.2(4)      The environmental licence is deemed to be amended to the extent necessary to give effect to subsections (1) to (3) as conditions of the licence. A director appointed under The Environment Act may revise the environmental licence accordingly.

Plan to be referred to the Clean Environment Commission

4.3(1)      Upon receiving the plan referred to in subsection 4.2(3) from the City of Winnipeg, the minister must refer it, under clause 6(5)(a) of The Environment Act, to the Clean Environment Commission for its advice and recommendations.

Approval of plan

4.3(2)      After receiving advice and recommendations from the Clean Environment Commission, the minister may

(a) approve the plan as submitted by the City of Winnipeg; or

(b) refer the plan back to the City of Winnipeg to be revised in accordance with any directions that the minister considers appropriate.

Action if plan is referred back

4.3(3)      If the plan is referred back to the City of Winnipeg, the City must revise it in accordance with the minister's directions. When it is resubmitted, the minister may approve it or refer it back to the City for further revisions until it meets with the minister's approval.

City must implement and comply with plan

4.3(4)      The City of Winnipeg must implement and comply with the plan as approved by the minister.

Estimates of capital costs and operating expenses to accompany plan

4.4(1)      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.

Report may be referred to Public Utilities Board

4.4(2)      Upon receiving the report referred to in subsection (1), the minister may refer it to the Public Utilities Board for an evaluation. In making the referral, the minister may set terms of reference and give directions.

Report to minister and City of Winnipeg

4.4(3)      The Public Utilities Board must report its findings to the minister and the City of Winnipeg within the time specified by the minister.

Powers of Public Utilities Board

4.4(4)      Part I of The Public Utilities Board Act applies to the Public Utilities Board when carrying out its responsibility under this section as if that responsibility were assigned to the Board under that Part, except as otherwise specified by regulation under subsection (5).

Regulations

4.4(5)      The minister may make any regulations the minister considers necessary or advisable to carry out the purposes of this section.

17          The following is added after the centred heading following section 35:

Agreements

35.1        With the approval of the Lieutenant Governor in Council, the minister may enter into an agreement with the government of Canada or the government of any other province, territory, country or state, or an agency of any of them, or with the council of a band as defined in the Indian Act (Canada), or any other person, for the purpose of protecting Manitoba's water resources or aquatic ecosystems.

18          The following is added after clause 39(1)(b):

(b.1) specifying a later date for the purpose of subsection 4.2(1);

(b.2) for the purpose of item 1(b) of subsection 4.2(2), specifying total ammonia limits;

(b.3) for the purpose of item 1(c) of subsection 4.2(2), specifying limits for other substances in wastewater effluent;

PART 6

COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill amends the following Acts to reduce the excessive amounts of phosphorus and other nutrients coming into Lake Winnipeg that affect the ecological health of the lake.

PART 1 — The Crown Lands Act

Cabinet may make regulations to designate Crown lands as provincially significant wetlands and may regulate uses and activities in designated wetlands.

PART 2 — The Environment Act

The existing ban on the construction and expansion of confined livestock areas for pigs and pig manure storage facilities is extended to all of Manitoba. The prohibition on winter spreading of livestock manure is continued.

When land is subdivided within the capital region, septic (disposal) fields are prohibited if the land is in the Red River corridor or if the subdivision will result in parcels smaller than two acres. But a septic field in existence when the subdivision occurred may be replaced, expanded or modified, as permitted by the regulations.

PART 3 — The Mines and Minerals Act

A two-year moratorium is placed on new quarry licences and quarry permits for peat and peat moss. The moratorium may be extended by regulation.

PART 4 — The Planning Act

Planning authorities within the capital region that are subject to The Planning Act must prepare drinking water and wastewater management plans. These plans are to confirm if projected development can be serviced by existing drinking water and wastewater services, and the measures that will be taken to ensure that those services are provided in an appropriate and responsible manner.

The minister may also require a planning district or municipality outside the capital region to prepare drinking water and wastewater management plans.

PART 5 — The Water Protection Act

The City of Winnipeg is required to replace or modify the North End Water Pollution Control Centre by December 31, 2014, to meet specified phosphorous and other limits on effluent discharged from the centre. The City must also ensure that its nutrient removal and recycling methods at the centre comply with specified requirements.

The City of Winnipeg must submit a plan to government on how it intends to meet the new requirements, which is to be referred to the Clean Environment Commission. The Public Utilities Board may be asked to evaluate the estimated capital and operating costs of the new or modified centre, as well as any anticipated effects on water and wastewater rates.

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