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5th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 5

THE SURFACE WATER MANAGEMENT ACT (AMENDMENTS TO VARIOUS ACTS TO PROTECT LAKES AND WETLANDS)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

PART 1

THE CONSERVATION DISTRICTS ACT

C.C.S.M. c. C175 amended

1           The Conservation Districts Act is amended by this Part.

2           The title is replaced with "THE WATERSHED DISTRICTS ACT".

3            The centred heading "INTRODUCTORY PROVISIONS" is added before section 1.

4            Section 1 is amended

(a) in the definition "co-ordinator", by striking out "conservation" and substituting "watershed";

(b) by replacing the definitions "commission", "district" and "works" with the following:

"commission" means The Watershed Districts Commission continued under section 3; (« Commission »)

"district" means a watershed district established under section 7; (« district »)

"works" means any structure or physical undertaking developed for the purpose of protecting, preserving, conserving, managing, controlling or using the resources available to a district. (« ouvrage »)

(c) in clause (a) of the definition "public representative", by adding "or any successor association" after "Districts Association";

(d) in the definition "resource", by striking out everything after "to a district";

(e) in the definition "sub-district", by striking out "conservation" and substituting "watershed";

(f) by repealing the definitions "committee" and "protected area"; and

(g) by adding the following definition:

"sub-district committee" means a sub-district committee for a sub-district; (« comité de sous-district »)

5           Clause 2(a) is replaced with the following:

(a) to provide for the protection, preservation, conservation, management, control and prudent use of resources through

(i) the establishment of watershed districts, and

(ii) the development and implementation of schemes by those districts; and

6           The following is added after section 2:

Principle

2.1         In administering this Act, regard must be had to the principle that a comprehensive, integrated and coordinated approach to managing watersheds as a whole promotes the health and sustainability of resources within a district's boundaries.

7           The centred heading "WATERSHED DISTRICTS COMMISSION" is added before section 3.

8(1)        Subsection 3(1) is replaced with the following:

Commission continued

3(1)        The Conservation Districts Commission is continued under the name The Watershed Districts Commission.

8(2)        Clause 3(3)(c) is replaced with the following:

(c) the watershed district boards.

8(3)        Subsection 3(4) is amended by striking out "the principles of conservation" and substituting "watershed management".

9           The centred heading "WATERSHED DISTRICTS" is added before section 7.

10(1)       Subsection 7(1) is amended in the section heading by striking out "Conservation" and substituting "Watershed".

10(2)        The following is added after subsection 7(2):

Consideration re boundaries

7(2.1)      In preparing a proposal, the minister must have regard for the boundaries of the watersheds in the area proposed to be included in the district.

10(3)       Subsection 7(6) is amended by striking out "subsections (3)," and substituting "subsections (2.1), (3),".

10(4)       Clause 7(7)(c) is amended by striking out "Conservation" and substituting "Watershed".

10(5)       The following is added after subsection 7(9):

Amending, abolishing or consolidating districts

7(10)       The Lieutenant Governor in Council may

(a) by order, abolish, or amend the boundaries of, any district or consolidate two or more districts; and

(b) make any other order that is necessary to give effect to the abolition, amendment or consolidation.

11          The following is added after section 7:

Member municipality requests withdrawal

7.1(1)      The council of a member municipality may request by a council resolution filed with the minister that the boundaries of a district be abolished or amended so that the municipality is no longer a member of the watershed district.

Effective date of Order in Council

7.1(2)      An Order in Council that has the effect of implementing a request made under subsection (1) may not be effective before January 1 of the year following the year in which the municipality's request is made, but may be made effective retroactively to that date.

12          The centred heading "WATERSHED DISTRICT BOARDS" is added before section 8.

13          Subsection 8(2) is amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) up to two other persons appointed by the board in accordance with the by-laws of the board.

14          Section 9 is replaced with the following:

Sub-district committees

9(1)        Where a district is divided into sub-districts, there shall be for each sub-district a sub-district committee consisting of the prescribed number of ratepayers who meet the prescribed qualifications.

Exception

9(2)        Despite subsection (1), the Order in Council establishing a district may set out the number of ratepayers and their qualifications for each sub-district committee.

15          Section 14 is repealed.

16          Section 15 is renumbered as section 21.3 and is amended by striking out "section 14" and substituting "section 21.2".

17          Section 16 is renumbered as subsection 9(3).

18          Sections 17 and 18 are repealed.

19          Section 20 is amended

(a) in the section heading, by adding "municipal" before "authority"; and

(b) in the section, by adding "protection, preservation or" before "conservation".

20          Section 21 is amended

(a) in clause (b), by adding "develop and, subject to section 21.1," before "implement"; and

(b) by adding "and" at the end of clause (c) and repealing clauses (d) to (h).

21          The following is added after section 21:

Approval of scheme

21.1(1)     Before implementing a scheme, the board must obtain written approval of the scheme from the minister.

Powers re implementing scheme

21.1(2)     In implementing its scheme, a board may

(a) carry out or support works inside or outside its district, if, in the board's opinion, the works will benefit the district by protecting, preserving, conserving, managing, controlling or prudently using the resources of the district; and

(b) enter into one or more agreements with the government, a government agency, a municipality, a community under The Northern Affairs Act, a band as defined in the Indian Act (Canada), or any person for the purposes of carrying out or supporting works under clause (a).

Considerations

21.1(3)     In determining whether a work will benefit its district, a board must have regard for the applicable watershed management plan approved under The Water Protection Act.

Other Acts apply

21.2        A scheme must not be inconsistent with The Water Rights Act, The Water Protection Act, The Land Rehabilitation Act and The Planning Act, and a board must act in compliance with those Acts when implementing its scheme.

22          Section 24 is amended

(a) by replacing the section heading with "LG in C orders re works"; and

(b) by striking out "or" at the end of clause (b) and repealing clauses (c), (d) and (e).

23          The following is added after the centred heading "FINANCIAL" and before section 25:

Annual budget for operations

24.1(1)     Subject to sections 25 and 26, a board must prepare an annual budget with respect to its operations.

Budget submitted to minister

24.1(2)     The board must submit its annual budget to the minister for approval in the form and at the time specified by the minister.

Adoption of budget

24.1(3)     The minister may approve the annual budget submitted under subsection (2) or may, after consultation with the board, amend it, and the board must then adopt the annual budget as approved or amended by the minister.

Limit on financial commitments

24.1(4)     Except with the written approval of the minister, a board must not make any expenditure commitments that are not within the financial limits set by its annual budget.

24          Subsection 25(1) is amended by striking out "to carry on a scheme" and substituting "for its operations".

25          Subsection 26(2) is amended by striking out "programs and".

26          The following is added after section 26:

Remitting amount

26.1(1)     At the times and in the manner set out in the regulations, an included municipality must remit to the board the amount set out in the statement sent to it under subsection 26(1).

Interest

26.1(2)     A board may charge interest at the prescribed rate on overdue remittances.

27          Section 28 is amended by striking out "a scheme" and substituting "its operations".

28          Section 29 is repealed.

29          The centred heading before section 34 is replaced with "APPEAL".

30          Section 37 is repealed.

31          The centred heading "OTHER MATTERS" is added before section 38.

32          Subsection 42(3) is amended by striking out "$500." and substituting "the prescribed amount".

33          Section 44 is amended by striking out ", disobeys, or refuses, fails, omits or neglects to comply with, any provision of this Act, or fails to observe or carry out, or acts in breach of, an agreement made under section 21," and substituting "a provision of this Act".

34          The centred heading "REGULATIONS" is added before section 45.

35(1)       Section 45 is amended

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

(b) the term of office for members of the commission, a board and a sub-district committee;

(b.1) prescribing the number or the method of determining the number of ratepayers who may be appointed to a sub-district committee and prescribing the qualifications to be met by the ratepayers;

(b) in clause (c), by striking out "the board and subcommittees" and substituting "a board and a sub-district committee";

(c) by adding the following after clause (d):

(d.1) prescribing an amount for the purpose of subsection 42(3);

(d) in clause (e), by adding "to be managed primarily for their beneficial effects for the protection, preservation or conservation of resources" at the end;

(e) by adding the following after clause (h):

(h.1) prescribing the times at which and the manner in which amounts to be remitted to a board by a municipality must be remitted and the interest payable on a failure to remit;

(f) in clauses (k) and (n) of the English version, by striking out "the board" and substituting "a board".

35(2)       Section 45 is further amended by renumbering it as subsection 45(1) and adding the following as subsection 45(2):

Regulations may establish classes

45(2)       A regulation under subsection (1) may be general or particular in its application and may apply to one or more classes and to the whole or any part of the province.

36          Section 46 is renumbered as section 44.1.

37          The following is added at the end of the Act:

C.C.S.M. REFERENCE

C.C.S.M. reference

47          This Act may be referred to as chapter W95 of the Continuing Consolidation of the Statutes of Manitoba.

TRANSITIONAL

Transitional — continuation of Commission

38(1)       On the coming into force of this section,

(a) a member of The Conservation Districts Commission continues as a member of The Watershed Districts Commission until replaced or re-appointed; and

(b) any appeal proceeding involving The Conservation Districts Commission that is in process may be continued by or against The Watershed Districts Commission.

References to Commission

38(2)       A reference to The Conservation Districts Commission in an enactment, by-law, contract, agreement, instrument or other document or record is deemed to be a reference to The Watershed Districts Commission.

Transitional — continuation of district under new name

39(1)       On the coming into force of this section, the name of each district as set out in the Order in Council establishing it is renamed substantially in the words "The                Watershed District".

References to district

39(2)       A reference to a district in an enactment, by-law, contract, agreement, instrument, licence, or other document or record is deemed to be a reference to the district as renamed under subsection (1).

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. A132 amended

40          Clause (e) of the definition "local authority" in section 1 of The Archives and Recordkeeping Act is replaced with the following:

(e) a watershed district established under The Watershed Districts Act, or

C.C.S.M. c. C120 amended

41          Clause 6(3)(i) of The Civil Service Superannuation Act is amended by striking out "The Conservation Districts Act" and substituting "The Watershed Districts Act".

C.C.S.M. c. C173 amended

42(1)       The Conservation Agreements Act is amended by this section.

42(2)       Clause 5(h) is replaced with the following:

(h) a watershed district established under The Watershed Districts Act.

42(3)       Clause 7(3)(d) is replaced with the following:

(d) the board of a watershed district if the land is in a watershed district.

C.C.S.M. c. F175 amended

43          Clause (f) of the definition "local government body" in subsection 1(1) of The Freedom of Information and Protection of Privacy Act is replaced with the following:

(f) a watershed district established under The Watershed Districts Act,

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

44          Clause (c) of the definition "local authority" in subsection 1(1) of The Municipal Act is replaced with the following:

(c) a watershed district established under The Watershed Districts Act,

C.C.S.M. c. M226 amended

45          Subclause 22(1)(a)(ii) of The Municipal Assessment Act is replaced with the following:

(ii) the board of a watershed district established under The Watershed Districts Act,

C.C.S.M. c. N100 amended

46          Clause (c) of the definition "local authority" in section 1 of The Northern Affairs Act is replaced with the following:

(c) a watershed district established under The Watershed Districts Act;

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

47          Section 191 of The Planning Act is amended by striking out "The Conservation Districts Act" and substituting "The Watershed Districts Act".

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

48(1)       The Water Protection Act is amended by this section.

48(2)       Subsection 1(1) is amended

(a) by repealing the definition "conservation district"; and

(b) by adding the following definition:

"watershed district" means a watershed district established under The Watershed Districts Act. (« district hydrographique »)

48(3)       Subclause 14(b)(i) and clause 17(1)(a) are amended by striking out "conservation district" and substituting "watershed district".

S.M. 2012, c. 27 (unproclaimed provisions amended)

49(1)        The Groundwater and Water Well and Related Amendments Act, as enacted by S.M. 2012, c. 27, is amended by this section.

49(2)       Section 1 is amended

(a) by repealing the definition "conservation district"; and

(b) by adding the following definition:

"watershed district" means a watershed district established under The Watershed Districts Act. (« district hydrographique »)

49(3)       Subclause 70(a)(i) and clause 73(1)(a) are amended by striking out "conservation district" and substituting "watershed district".

PART 2

THE WATER RIGHTS ACT

C.C.S.M. c. W80 amended

50          The Water Rights Act is amended by this Part.

51          Section 1 is amended by adding the following definitions:

"prescribed" means prescribed by regulation;

"registrable water control works" means water control works belonging to a class of water control works designated by regulation under section 4.1; (« ouvrage de régularisation des eaux admissible »)

"registrant" means a person who holds a valid and subsisting registration certificate provided under section 4.2; (« détenteur d'un enregistrement »)

"registrar" means a person designated under section 1.1; (« registraire »)

"wetland" means

(a) a marsh, bog, fen, swamp or ponded shallow water, and

(b) low areas of wet or water-logged soils that are periodically inundated by standing water and that are able to support aquatic vegetation and biological activities adapted to the wet environment in normal conditions; (« terre humide »)

52          The following is added after section 1:

Designation of registrar

1.1         The minister may designate one or more persons as a registrar for the purpose of this Act. If more than one registrar is designated, a reference to "the registrar" means any one of them.

53(1)       The following is added after subsection 3(1):

Registered water control works

3(1.1)      A person may construct, establish, operate or maintain a water control work that is registered under section 4.2.

53(2)       Subsection 3(2) is amended in the part before clause (a) by striking out "Subsection (1) does not" and substituting "Subsections (1) and (1.1) do not".

54          Section 4 is amended

(a) by renumbering it as section 18.4; and

(b) in subsection (5), by striking out everything after "due to" and substituting "the Crown. The minister may issue a certificate as to the amount of the debt and file it in the Court of Queen's Bench, and once filed, it may be enforced as if it were a judgment of the court.".

55          The following is added before section 5:

Regulations re registrable water control works

4.1(1)      The Lieutenant Governor in Council may make regulations respecting registrable water control works and registration under section 4.2, including designating one or more classes of water control works as registrable water control works.

Restriction on designated classes

4.1(2)      A class of water control works is not eligible to be designated under subsection (1) if, in the opinion of the Lieutenant Governor in Council, water control works of that class are likely to

(a) significantly alter the flow or level of water;

(b) result in a significant change in the location or direction of flow of water;

(c) result in the loss or alteration of a prescribed class of wetland; or

(d) have significant adverse environmental effects.

Public consultation in regulation development

4.1(3)      In the formation or substantive review of regulations made under subsection (1), the minister must provide an opportunity for public consultation regarding the proposed regulation or amendment.

Registration of registrable water control works

4.2(1)      A person may apply to the registrar, in a form approved by the minister, to register a registrable water control work.

Information required

4.2(2)      A person applying for registration must provide to the registrar

(a) the information required by the application form and the regulations;

(b) proof that the proposed water control work is a registrable water control work; and

(c) any additional information required by the registrar.

Registration if application satisfactory

4.2(3)       If the registrar determines that the application is satisfactory, the registrar must register the water control work and provide the applicant with a registration certificate in a form approved by the minister.

Terms and conditions of registration

4.2(4)      Every registration is subject to the terms and conditions prescribed in the regulations and any further terms and conditions imposed by the registrar.

56          Subsection 5(1) is amended in the part before clause (a) by striking out "section 7" and substituting "sections 5.1 and 7".

57          The following is added after section 5:

Restoring wetland as condition of issuing licence

5.1(1)      Before the minister issues a licence that would authorize activities that result in the loss or alteration of a prescribed class of wetland, the applicant must have taken one of the actions specified in subsection (2) to ensure that there is no net loss of wetland benefits.

Required actions

5.1(2)      The applicant must, in accordance with the regulations,

(a) pay a specified amount to The Manitoba Habitat Heritage Corporation, or to another person or organization designated by the minister, for the purpose of restoring or enhancing a wetland in another location; or

(b) restore or enhance a wetland in a location specified or approved by the minister.

Proof of compliance

5.1(3)      A licence must not be issued unless

(a) the applicant provides the minister with proof of payment of the amount required under clause (2)(a); or

(b) an officer inspects the wetland that the applicant restored or enhanced and gives written confirmation to the minister that the wetland has been restored or enhanced in an acceptable manner.

Wetlands restoration and enhancement agreements

5.2(1)      The minister may enter into an agreement with The Manitoba Habitat Heritage Corporation or any other person or organization respecting the restoration or enhancement of wetlands using amounts paid by applicants under clause 5.1(2)(a).

Reporting

5.2(2)      The agreement must include a requirement to provide the minister with an annual report that sets out the total amounts received from applicants and details of all wetland restoration or enhancement work performed.

58          Section 10 is replaced with the following:

Application for use in the future

10          If the minister is satisfied that an applicant for a licence does not intend to use or divert the water or to construct or establish the works to which the application relates for at least one year after the date the application was submitted, the minister may refuse to issue the licence or defer issuing the licence.

59          Section 16 is amended

(a) by striking out "licence" wherever it occurs and substituting "licence or registration"; and

(b) by striking out "licensee" wherever it occurs and substituting "licensee or registrant".

60(1)       Section 17 is amended

(a) by striking out "licence" wherever it occurs and substituting "licence or registration"; and

(b) by striking out "licensee" wherever it occurs and substituting "licensee or registrant".

60(2)       Subsection 17(2) is amended by striking out "section 4" and substituting "section 18.4".

61          The following is added after subsection 18(1):

Additional inspection powers

18(1.1)     When conducting an inspection under subsection (1), an officer or a person authorized by the minister may

(a) require any thing to be produced for inspection, examination, testing or analysis;

(b) take samples of any thing;

(c) take photographs or video recordings of the land, or any works, water control works or any other thing on the land;

(d) take measurements or make surveys; and

(e) bring any equipment required to carry out any action related to the inspection.

62          The following is added after section 18.1:

No obstructing officers

18.2        A person must not obstruct or hinder, or make a false or misleading statement to, an officer who is exercising powers or performing duties under this Act.

No false or misleading statements

18.3        A person must not make a false or misleading statement in any application for a licence, permit or registration or in any return or report required under this Act.

63(1)       Section 19 is amended by striking out "licence or permit" wherever it occurs and substituting "licence, permit or registration".

63(2)       Subsection 19(1) is amended in the section heading and in the part before clause (a) by adding ", permit or registration" after "licence".

63(3)       Subsection 19(5) of the English version is amended by striking out "he" and substituting "the minister".

64          The following is added after section 22:

No interfering with monuments or instruments

22.1        A person must not deface, alter or remove a survey monument, bench mark, water gauge, or other instrument or device placed by a person who is authorized to make a survey in connection with any works or water control works.

65(1)       Subsection 23(1) is replaced with the following:

Offences

23(1)       A person is guilty of an offence who

(a) contravenes a provision of this Act or the regulations;

(b) fails to comply with an order made under this Act; or

(c) fails to comply with a term or condition of a licence, permit or registration under this Act.

Penalties

23(1.1)     A person who is guilty of an offence is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $50,000 or imprisonment for up to three months, or both; and

(b) in the case of a corporation, to a fine of not more than $500,000.

Liability of directors and officers

23(1.2)     If a corporation commits an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in clause (1.1)(a), whether or not the corporation has been prosecuted or convicted.

65(2)       Subsections 23(2) and (3) are repealed.

66          Subsections 24(1) and (2) are amended by adding "or the registrar" after "of the minister".

67           Section 26 is amended

(a) in clause (a), by adding "or registration" at the end;

(b) by adding the following after clause (a):

(a.1) respecting the requirements under section 5.1, including

(i) specifying the amounts, or the method of determining the amounts, to be paid by applicants, or

(ii) the amount of wetland to be restored or enhanced by applicants;

(c) in clauses (b) and (e), by striking out "and permits" and substituting ", permits and registrations"; and

(d) by adding the following after clause (o):

(p) prescribing anything referred to in this Act as being prescribed.

68          The following is added after section 26:

Regulations may establish classes

26.1        A regulation under this Act may be general or particular in its application and may apply to one or more classes of persons, activities or things and to the whole or any part of the province.

Transitional — pending licence applications

69           In the case of an application for a licence under section 6 of The Water Rights Act that, on the day this section comes into force,

(a) has not yet been determined; and

(b) relates to a registrable water control work;

the minister may treat the application as if it were an application for registration and refer it to the registrar as an application for registration under subsection 4.2(1), as enacted by section 55 of this Act.

Consequential amendment, C.C.S.M. c. W65

70          Subsection 11(6) of The Water Protection Act is amended by striking out "permit or licence issued" and substituting "licence, permit or registration".

PART 3

THE WATER PROTECTION ACT

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

71          The Water Protection Act is amended by this Part.

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

"alliance" means the Lake Friendly Stewards Alliance established under section 28.1. (« Alliance »)

"river basin" means the total area drained by a river and all of its tributaries. (« bassin fluvial »)

"transboundary river basin" means a river basin that includes Manitoba and another Canadian province or territory or any state of the United States. (« bassin fluvial transfrontalier »)

73          The following is added after section 4 and before the centred heading that follows it:

Nutrient targets

4.0.1(1)    The Lieutenant Governor in Council may make regulations establishing nutrient targets at specified locations in Manitoba.

Purpose of targets

4.0.1(2)    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.

Report on nutrient levels

4.0.2(1)    For 2016 and every fourth year after 2016, the minister must prepare a report that sets out the applicable nutrient levels recorded at the locations specified by regulation.

Additional information

4.0.2(2)    The report must also set out

(a) the government's policies and programs to reduce nutrient levels in water bodies in Manitoba; and

(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.

Progress reports

4.0.2(3)    Every report prepared after 2016 must include a comparison of the current nutrient level at each location against nutrient levels recorded in previous reports.

Timing of reports

4.0.2(4)    A report under this section must be completed by December 31 of the year after the year to which the report relates.

Report tabled in Assembly

4.0.2(5)    The minister must table a copy of the report in the Assembly within 15 days after it is completed if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

74          The centred heading before section 8.1 is replaced with "RESTRICTIONS ON DISHWASHING DETERGENT AND OTHER PRODUCTS".

75          Subsection 8.1(1) is amended

(a) in the section heading, by striking out "containing phosphorus"; and

(b) by adding the following after clause (b):

(b.1) a product containing a prescribed ingredient or compound;

(b.2) a prescribed product or device;

76          The section heading for section 8.2 is amended by striking out "products containing phosphorus" and substituting "prescribed products".

77          The following is added after section 13 as part of Part 2:

TRANSBOUNDARY RIVER BASIN WATER MANAGEMENT

Transboundary water management

13.1(1)     The minister must work with provincial, territorial, state and local governments and water management authorities in other jurisdictions to promote and develop coordinated water management for transboundary river basins.

Transboundary water management principles

13.1(2)     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

(i) share information on water quality,

(ii) jointly develop strategies and policies to improve water quality and reduce flooding and drought in the basin,

(iii) coordinate water storage and drainage practices,

(iv) cooperate in the design and development of flood and drought mitigation infrastructure, and

(v) share flood and drought forecasting information.

Supporting transboundary water management groups

13.2        As part of the commitment to promote and develop coordinated water management for transboundary river basins, the minister may provide information and technical or financial support to the following:

(a) the Red River Basin Commission;

(b) the Assiniboine River Basin Initiative;

(c) any board, commission or other body established under an agreement made under section 35.1 that seeks to coordinate water management practices in a transboundary river basin.

78          The following is added after clause 15(c):

(c.1) any applicable study, plan or report specified by the director that has been prepared by the Red River Basin Commission, the Assiniboine River Basin Initiative or a board, commission or other body established under an agreement made under section 35.1;

79          The following is added after section 28 and before the centred heading that follows it:

LAKE FRIENDLY STEWARDS ALLIANCE

Lake Friendly Stewards Alliance

28.1(1)     The Lake Friendly Stewards Alliance is established.

Membership

28.1(2)     The alliance is a network of stakeholders who have made a commitment to improve water quality by reducing nutrients in water bodies. The alliance includes members drawn from the following:

(a) federal, provincial, state, municipal and local government departments and agencies;

(b) aboriginal groups and organizations;

(c) commercial and recreational fishers and fishing organizations;

(d) agricultural producers and organizations;

(e) business groups and organizations;

(f) environmental groups and organizations.

Goal

28.2        The goal of the alliance is to improve water quality by reducing nutrients in water bodies by

(a) facilitating the sharing of information respecting nutrient reduction practices and strategies; and

(b) enhancing collaboration and coordination between groups, organizations and individuals working to reduce nutrients in water bodies.

Co-chairs

28.3        The co-chairs of the alliance are the minister and a person appointed by the Lieutenant Governor in Council.

Steering committee

28.4(1)     The work of the alliance is to be guided by a steering committee consisting of at least five persons appointed by the Lieutenant Governor in Council who represent the broad range of interests of the alliance's members.

Term

28.4(2)     A member of the steering committee may be appointed for a term not exceeding three years.

Appointment continues

28.4(3)     A member of the steering committee whose term expires continues to hold office until he or she is re-appointed or a successor is appointed.

Re-appointment

28.4(4)     A member of the steering committee whose term expires may be re-appointed, but a member may not hold office for more than six consecutive years.

Lake Friendly Accord

28.5        Members of the alliance may sign the Lake Friendly Accord, which is a shared commitment by all signatories to improve water quality. Every signatory to the Lake Friendly Accord commits to undertaking specific actions that will assist in achieving the nutrient reduction targets set out in section 4.0.1.

80(1)       The following is added before clause 39(1)(b):

(a.1) establishing nutrient targets at specified locations;

(a.2) respecting the manner in which nutrients are measured for the purpose of section 4.0.1, including the timing of those measurements and the persons who may take those measurements;

80(2)       Clauses 39(1)(c.1) to (c.3) are amended

(a) by striking out "that contains phosphorus,"; and

(b) by striking out "that contain phosphorus,".

80(3)       Clause 39(1)(c.5) is amended

(a) by striking out "that contains phosphorus,"; and

(b) by striking out "that contain phosphorus".

80(4)       The following is added after clause 39(1)(j):

(j.1) prescribing anything referred to in this Act as being prescribed;

PART 4

THE MANITOBA HABITAT HERITAGE ACT

C.C.S.M. c. H3 amended

81          The Manitoba Habitat Heritage Act is amended by this Part.

82          Section 1 is amended by replacing the definition "habitat" with the following:

"habitat" means an environment where fish or wildlife live, and includes wetlands and other source water areas; (« habitat »)

83          Section 3 is replaced with the following:

Objects

3           The objects of the corporation are to conserve, restore and enhance fish and wildlife habitat, wetlands and other source water areas.

84          The following is added after section 6:

Restoration and enhancement projects

6.1         The corporation may carry out wetlands restoration or enhancement projects or coordinate the performance of those projects pursuant to an agreement under section 5.2 of The Water Rights Act.

85          The following is added after clause 19(2)(b):

(b.1) money received from applicants for licences under clause 5.1(2)(a) of The Water Rights Act;

PART 5

THE PLANNING ACT

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

86          The Planning Act is amended by this Part.

87          Subsection 4(3) is amended by striking out "and" at the end of clause (b) and adding the following after clause (b):

(b.1) drainage and storm water management; and

88          The following is added after subclause 5(3)(b)(vi):

(vi.1) drainage and storm water management,

PART 6

COMING INTO FORCE

Coming into force

89(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — Parts 1, 2 and 4

89(2)       The following provisions come into force on a day to be fixed by proclamation:

(a) sections 1 to 49;

(b) sections 50 to 70;

(c) sections 81 to 85.

Explanatory Note

This Bill amends five Acts to protect wetlands, reduce nutrient loading and improve water quality and water management in Manitoba.

The Water Rights Act

A streamlined registration process is established for the establishment or operation of minor drainage projects.

Another amendment provides that a licence must not be issued that would result in the loss or alteration of significant or sensitive wetlands unless the person takes specified steps that will result in the restoration or enhancement of wetlands to ensure that there is no net loss of wetland benefits.

Enforcement measures under the Act are enhanced and fines are increased.

The Water Protection Act

A variety of amendments are made to improve water quality by reducing nutrient levels. Regulations may be made to set nutrient targets and reporting requirements on nutrient levels are established. The government is required to work with governments in other jurisdictions to develop coordinated water management for river basins that extend outside Manitoba. Rules are established for the operation of the Lake Friendly Stewards Alliance, which is a network of stakeholders who have made a commitment to improve water quality.

The Conservation Districts Act

Conservation districts will now be known as watershed districts. This Bill allows a district board to do work outside its boundaries if the work is beneficial to the district. For that purpose, a board may enter into agreements with others, including First Nations. A board must consider the relevant watershed management plan prepared under The Water Protection Act when assessing the benefits.

Other amendments deal with board operations, including ministerial budget approval, sub-district committee composition and municipal withdrawal from a district.

The Manitoba Habitat Heritage Act

The role of the Manitoba Habitat Heritage Corporation in conserving and enhancing wetlands is recognized. The corporation is authorized to carry out wetland restoration and enhancement projects required under The Water Rights Act.

The Planning Act

Drainage and storm water management are added as specific considerations in provincial land use policies and regional strategies that guide land use and development in the province.