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S.M. 2000, c. 11
THE WATER RESOURCES CONSERVATION AND PROTECTION AND CONSEQUENTIAL AMENDMENTS ACT
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(Assented to August 18, 2000)
WHEREAS the conservation and protection of Manitoba's water resources, and of the ecosystems associated with and reliant upon those water resources, are essential to the long-term environmental, economic and social well-being of Manitoba;
AND WHEREAS it is desirable to establish a water resource management scheme that will ensure that removal of water from Manitoba's water basins is not done in quantities that could, individually or collectively, have significant adverse effects on the ecological integrity of Manitoba's water resources or their associated ecosystems;
AND WHEREAS, in light of the fact that future domestic needs and the potential effects of climate change are unknown, such a scheme should be based on the precautionary principle and on sustainable water resource management practices;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"minister" means the minister appointed by the Lieutenant Governor in Council to administer The Water Rights Act; (« ministre »)
"remove from", in relation to water in a sub-water basin, includes transferring the water between sub-water basins; (« prélèvement »)
"sub-water basin" means a part of the Manitoba portion of the Hudson Bay drainage basin that is designated as a sub-water basin in the regulations; (« sous-bassin hydrographique »)
"water" means all surface water or ground water, whether in liquid or solid form; (« eau »)
"water basin" means the Manitoba portion of the Hudson Bay drainage basin. (« bassin hydrographique »)
2 No person shall
(a) drill for, divert, extract, take or store water for removal;
(b) sell or otherwise dispose of water to a person for removal;
(c) convey or transport water for removal; or
(d) remove water;
from a water basin or sub-water basin.
3(1) Section 2 does not apply in respect of water
(a) that is, or is to be, packaged in Manitoba in a container of not more than 25 L, or any other maximum capacity prescribed in the regulations;
(b) that is removed in the ordinary course of carrying the water in a vehicle, vessel or aircraft for the use of persons or animals while they are being transported in it;
(c) that is removed in a vehicle, vessel or aircraft and is necessary for
(i) the ordinary operation of the vehicle, vessel or aircraft, or
(ii) the transportation of food or products in the vehicle, vessel or aircraft;
(d) that is removed to meet short-term safety, security or humanitarian needs with the approval of the minister;
(e) that is, or is to be, used in Manitoba to manufacture or produce a product; or
(f) that is removed by a person who obtained the water outside the water basin and, at the time of the removal, is in possession of evidence to that effect.
3(2) For the purpose of clause (1)(e), potable or other water is not a manufactured or produced product.
3(3) The Lieutenant Governor in Council may make regulations respecting further exceptions from the operation of section 2.
4 If this Act conflicts with the provisions of another Act or a regulation, this Act prevails.
5(1) A person who contravenes a provision of this Act or the regulations is guilty of an offence and is liable on summary conviction,
(a) in the case of an individual,
(i) for a first offence, to a fine of not more than $50,000. or imprisonment for a term of not more than six months, or both, and
(ii) for each subsequent offence, to a fine of not more than $100,000. or imprisonment for a term of not more than one year, or both; and
(b) in the case of a corporation,
(i) for a first offence, to a fine of not more than $500,000., and
(ii) for each subsequent offence, to a fine of not more than $1,000,000.
5(2) If a corporation commits an offence under this Act, 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)(a), whether or not the corporation has been prosecuted or convicted.
5(3) If a person is convicted of an offence under this section and the court is satisfied that, as a result of the commission of the offence, the person acquired any monetary benefits or that monetary benefits accrued to the person, the court may order the person to pay a fine of not more than the court's estimation of the amount of those monetary benefits. A fine under this subsection is in addition to and not in place of a fine under subsection (1).
6(1) The Lieutenant Governor in Council may make regulations
(a) designating parts of the Manitoba portion of the Hudson Bay drainage basin as sub-water basins;
(b) respecting approvals under clause 3(1)(d), including the circumstances under which approvals may be granted;
(c) defining any word or expression used but not defined in this Act;
(d) respecting any matter required or authorized by this Act to be prescribed;
(e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
6(2) Except in circumstances that the minister considers to be of an emergency nature, in the formulation or substantive review of a regulation designating parts of the Manitoba portion of the Hudson Bay drainage basin as sub-water basins, the minister shall provide an opportunity for public consultation regarding the proposed regulation or amendment.
CONSEQUENTIAL AMENDMENTS, C.C.S.M. REFERENCE AND COMING INTO FORCE
7 The Environment Act is amended by adding the following after section 54:
54.1 This Act is subject to the provisions of The Water Resources Conservation and Protection Act.
8 The Water Rights Act is amended by adding the following after section 25:
25.1 This Act is subject to the provisions of The Water Resources Conservation and Protection Act.
9 This Act may be cited as The Water Resources Conservation and Protection Act and referred to as chapter W72 of the Continuing Consolidation of the Statutes of Manitoba.
10 This Act comes into force on the day it receives royal assent.