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The Water Protection Act
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This version is current as of May 27, 2016.
It has been in effect since November 2, 2015.

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C.C.S.M. c. W65

The Water Protection Act

(Assented to June 16, 2005)

WHEREAS an abundant supply of high quality water is essential to sustain all ecological processes, life-support systems and food production, and is paramount to the environmental, economic and social well-being of Manitoba now and in the future;

AND WHEREAS access to sufficient, safe, acceptable, and affordable water for personal and domestic uses is internationally recognized as a fundamental right of citizens;

AND WHEREAS the Government of Manitoba recognizes the importance of the Canada-United States Boundary Waters Treaty and other inter-jurisdictional agreements protecting water, and the shared right and responsibility of all jurisdictions in the Hudson Bay drainage basin to protect water resources within the basin;

AND WHEREAS to most effectively ensure that drinking water is kept clean, safe and reliable, it is necessary to complement the provisions of The Drinking Water Safety Act with additional measures to protect drinking water sources;

AND WHEREAS Manitobans recognize that many human activities, including the use and consumption of water for all purposes, the production of waste and wastewater effluent, and industrial, agricultural and recreational activities, may impair the quality and quantity of our water resources, and that stewardship of these invaluable resources is a responsibility shared by all;

AND WHEREAS the Government of Manitoba is committed to watershed planning as an effective means to address risks to water resources and aquatic ecosystems, and believes that residents of watersheds should be consulted when watershed plans are developed;

AND WHEREAS aquatic invasive species pose a significant threat to aquatic ecosystems in Manitoba;

S.M. 2015, c. 7, s. 2.

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)        The following definitions apply in this Act.

"approved watershed management plan" means a watershed management plan approved under Part 3. (« plan de gestion d'un bassin hydrographique approuvé »)

"aquatic ecosystem" means the components of the earth related to, living in or located in or on water or the beds or shores of a water body, including but not limited to

(a) all organic and inorganic matter; and

(b) all living organisms and their habitat;

and their interacting natural systems. (« écosystème aquatique »)

"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 »)

"conservation district" means a district as defined in The Conservation Districts Act. (« district de conservation »)

"department" means the department of government over which the minister presides. (« ministère »)

"development plan" means a development plan as defined in The Planning Act. (« plan directeur »)

"director" means a person designated under section 3 as a director of water protection. (« directeur »)

"groundwater" means all water under the surface of the ground, whether in solid or liquid form. (« eaux souterraines »)

"inspector" means an inspector designated under section 30.1. (« inspecteur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipality" includes a community as defined in The Northern Affairs Act. (« municipalité »)

"nutrient" means any substance that provides nourishment and promotes growth of aquatic organisms when transmitted to water. (« nutriant »)

"officer" means

(a) an officer designated under section 30; and

(b) a conservation officer appointed under The Conservation Officers Act. (« agent »)

"person" includes a municipality, partnership, limited partnership, limited liability partnership, syndicate, trustee and joint venture, and an association of persons. (« personne »)

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

"planning district" means a planning district as defined in The Planning Act. (« district d'aménagement »)

"prescribed" means prescribed by regulation.

"riparian area" means an area of land on the banks or in the vicinity of a water body, which due to the presence of water supports, or in the absence of human intervention would naturally support, an ecosystem that is distinctly different from that of adjacent upland areas. (« zone riveraine »)

"water" means all surface water and groundwater, whether in solid or liquid form. (« eaux »)

"water body" means any body of flowing or standing water, whether naturally or artificially created, and whether the flow or presence of water is continuous, intermittent or occurs only during a flood, including but not limited to a lake, river, creek, stream, slough, marsh, swamp and wetland, including ice on any of them. (« plan d'eau »)

"water council" means the Manitoba Water Council established in section 24. (« Conseil des eaux »)

"water planning authority" means a water planning authority designated for a watershed under section 14. (« organisme de planification des eaux »)

"watershed" means an area designated as a watershed under section 14. (« bassin hydrographique »)

Reference to "Act" includes regulations

1(2)        A reference to "this Act" includes the regulations made under this Act.

S.M. 2008, c. 10, s. 2; S.M. 2015, c. 4, s. 28; S.M. 2015, c. 7, s. 3.

Purpose of the Act

2           The purpose of this Act is to provide for the protection and stewardship of Manitoba's water resources and aquatic ecosystems, recognizing

(a) that Manitoba's social and economic well-being is dependent upon the sustained existence of a sufficient supply of high quality water;

(b) the importance of comprehensive planning for watersheds, with respect to water, land and ecosystems, on a basis that acknowledges and considers their interdependence;

(c) that water resources and aquatic ecosystems require protection to ensure the high quality of drinking water sources;

(d) the importance of applying scientific information in decision-making processes about water, including the establishment of standards, objectives and guidelines;

(d.1) the need to address the threat that aquatic invasive species pose to Manitoba's water resources and aquatic ecosystems;

(e) the need to protect riparian areas and wetlands; and

(f) the benefits of providing financial incentives for activities that protect or enhance water, aquatic ecosystems or drinking water sources.

S.M. 2015, c. 7, s. 4.

Director of water protection

3           The minister may designate one or more persons as directors of water protection.

PART 2

WATER PROTECTION

WATER QUALITY STANDARDS, OBJECTIVES AND GUIDELINES

Water quality standards, objectives and guidelines

4(1)        The Lieutenant Governor in Council may make regulations setting or adopting water quality standards, objectives or guidelines.

Standards, etc. for use in approvals under other Acts

4(2)        A regulation under subsection (1) may provide that a person issuing an approval or making a decision under The Environment Act or any other specified Act or regulation must

(a) consider the standard, objective or guideline; or

(b) in circumstances specified in the regulation, refuse to issue an approval or make a decision unless its effect will ensure compliance or consistency with the standard, objective or guideline.

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 »)

S.M. 2011, c. 36, s. 16.

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 biological nutrient removal 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.

S.M. 2011, c. 36, s. 16.

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.

S.M. 2011, c. 36, s. 16.

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.

S.M. 2011, c. 36, s. 16.

WATER QUALITY MANAGEMENT ZONES

Water quality management zones

5(1)        On the recommendation of the minister, the Lieutenant Governor in Council may make regulations

(a) designating any area of the province as a water quality management zone for the purpose of protecting water, aquatic ecosystems or drinking water sources;

(b) governing, regulating or prohibiting any use, activity or thing in a water quality management zone or any part of a zone.

Considerations in recommending regulations re zone

5(2)        Before recommending that a regulation be made under subsection (1), the minister may consider scientific and other information relating to

(a) the physical characteristics of land in the area, including its topography and soil types;

(b) the ability of the soil or water in the area, or water downstream of the area, to assimilate nutrients and other pollutants;

(c) water bodies or groundwater in the area, including information relating to

(i) the water quality characteristics of the water,

(ii) the susceptibility of the water to contamination or adverse changes in level or in-stream flow, and

(iii) the extent to which the water is pristine or relatively undisturbed by human activity;

(d) the area's aquatic ecosystems;

(e) whether the area contains a source, or a potential source, of drinking water;

(f) whether the area supports species that are sensitive to alterations in water quality or quantity resulting from human activity;

(g) whether the area provides habitat for endangered species; and

(h) any other matter that the minister considers relevant.

Additional considerations

5(3)        Before recommending that a regulation be made under subsection (1), the minister must also consider

(a) water quality standards, objectives and guidelines that apply to the area;

(b) approved watershed management plans that apply to the area; and

(c) the proximity of the area to a national park, provincial park, ecological reserve or other protected area.

Maps of zones

5(4)        A regulation made under subsection (1) may contain a map showing

(a) the boundaries of a zone; and

(b) areas within a zone where a use, activity or thing is governed, regulated or prohibited.

Consultation with water planning authority

6           Before a regulation is made under subsection 5(1), the minister may consult with any water planning authority that has been designated in respect of an area proposed to form all or part of the water quality management zone.  This consultation does not affect any requirement for other consultation under this Act.

Advertising proposed regulations

7(1)        At least 90 days before a regulation is made under subsection 5(1), the minister must, in a newspaper of general circulation in the affected area, advertise the fact that a draft of the proposed regulation has been filed in the public registry.

Written objections

7(2)        Within 60 days after an advertisement is published under subsection (1), and subject to subsection (3), any person may refer a written objection to the proposed regulation to a director, in a form approved by the minister.

Scientific or technical information

7(3)        An objection under subsection (2) must be based on written scientific or technical information relating to an area proposed to form all or part of the water quality management zone.  This information must be provided to the director at the time the objection is referred.

Director's actions

7(4)        Upon receiving an objection under subsection (2), the director must

(a) notify the minister that an objection has been received; and

(b) consider the objection, and the supporting scientific or technical information.

Advice to the minister

7(5)        Within 60 days after notifying the minister of the objection, the director must give advice to the minister as to whether the proposed regulation should be varied or revised.

Expert advice re scientific or technical issues

7(6)        Before providing advice under subsection (5), if the director determines that there is an unresolved scientific or technical issue, he or she must obtain expert advice in such a manner as may be set out in the regulations.

Review of regulation

8           The minister must, not later than five years after the date on which a regulation under section 5 comes into force, require the water council to

(a) review the effectiveness of the regulation and, in the course of that review, consult with any persons affected by the regulation that the council considers appropriate; and

(b) recommend, if it considers it advisable, that the regulation be amended or repealed.

The minister may, in addition, require the council to undertake such a review at any other time.

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.

S.M. 2008, c. 10, s. 3.

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.

S.M. 2008, c. 10, s. 3.

9           [Repealed]

S.M. 2015, c. 7, s. 5.

WATER CONSERVATION

Regulations re water conservation

10          The Lieutenant Governor in Council may make regulations

(a) establishing water conservation programs;

(b) generally respecting the reduction of water usage in Manitoba.

SERIOUS WATER SHORTAGE

Declaration of serious water shortage

11(1)       If the minister considers that extraordinary measures are necessary to ensure a reasonable water supply, the minister may declare a serious water shortage in respect of all or part of Manitoba.

Actions by minister during serious water shortage

11(2)       If a serious water shortage is declared, the minister may take any action, make any regulation or issue any order that in his or her opinion is necessary to prevent, minimize or alleviate the water shortage.

Communication of serious water shortage

11(3)       Immediately after

(a) a serious water shortage is declared under subsection (1); or

(b) a regulation is made or an order is issued under subsection (2);

the minister must ensure that the details of the declaration, regulation or order are communicated by the most appropriate means to persons affected by it.

Declaration that shortage has ended

11(4)       The minister may declare that a serious water shortage has ended.

Statutes and Regulations Act does not apply

11(5)        The Statutes and Regulations Act does not apply to

(a) a declaration of a serious water shortage made under subsection (1) or a declaration that a serious water shortage has ended made under subsection (4); or

(b) a regulation made or an order issued under subsection (2).

Order prevails over The Water Rights Act

11(6)       Unless otherwise stated in the regulation or order, a regulation or order under this section prevails over a permit or licence issued under The Water Rights Act.

No injunction

11(7)       No injunction lies against the minister, or any person acting under the authority of a regulation or order, to restrain or prevent a person from taking measures under this section.

S.M. 2013, c. 39, Sch. A, s. 90.

Action by minister if order not complied with

12(1)       If a person fails to comply with an order issued by the minister, the minister may

(a) cause anything to be done that is required by the order; and

(b) take any other measures that the minister considers necessary to prevent, minimize or alleviate the water shortage.

Order to pay costs

12(2)       Upon taking any action under clause (1)(a), the minister may order the person to whom the order was directed to pay the costs of taking that action.

Enforcing cost-recovery order

12(3)       An order to pay costs made under subsection (2) may be filed in the Court of Queen's Bench and enforced as if it were an order of the Court.

Compensation where allocation cancelled or reduced

13(1)       Where the effect of any action taken or regulation or order made under subsection 11(2) is to

(a) cancel or reduce the allocation of water at any point or place to a person holding a licence under The Water Rights Act; and

(b) allocate or increase the allocation of water at that point or place to another person who does not hold a licence, or whose licence is, relative to the licence referred to in clause (a), lower in precedence under section 8 (precedence of licences) of The Water Rights Act;

the person whose allocation is cancelled or reduced is entitled to receive from, and shall be paid by the other person, compensation for any loss or damage resulting from the cancellation or reduction.

No compensation in certain circumstances

13(2)       Despite subsection (1), no compensation is payable where the action is taken, or the regulation or order is made, for a purpose relating to public health or the provision of drinking water.  The determination of the purpose of the action, regulation or order is to be made by the minister.

Agreement respecting compensation

13(3)       Within 60 days after action is taken or an order or regulation is made that has the effect described in subsection (1), the persons described in that subsection may make an agreement setting out

(a) the amount of compensation payable and the terms of payment; and

(b) the undertaking of one person to pay that compensation, on those terms, to the other person.

Arbitration

13(4)       Where an agreement under subsection (3) is not made, the amount of compensation and the terms of payment must be determined in accordance with The Arbitration Act.

PART 3

WATERSHED MANAGEMENT

WATERSHED MANAGEMENT PLANS

Designation of watersheds and authorities

14          The Lieutenant Governor in Council may by regulation

(a) designate a watershed for the purposes of this Act, and specify its boundaries;

(b) designate a water planning authority for a watershed, which may be

(i) the board of a conservation district,

(ii) the board of a planning district,

(iii) the council of a municipality,

(iv) any other person or entity, or

(v) a joint authority consisting of two or more entities or persons described in subclauses (i) to (iv);

(c) prescribe the date by which the authority must submit a watershed management plan for approval, terms of reference for the preparation of the plan, and any other terms or conditions that the Lieutenant Governor in Council considers necessary.

Considerations in preparing a plan

15          In preparing a watershed management plan, a water planning authority must consider the following:

(a) water quality standards, objectives and guidelines that apply to the watershed;

(b) whether a water quality management zone is included within any part of the watershed, and if so, any regulations made under section 5 respecting the zone;

(c) studies that the authority considers relevant relating to water, land use, demographics, the capacity of the environment to accommodate development, and any other matter related to present or future physical, social or economic factors;

(d) comments received through public consultation or public meetings held under section 17;

(e) prescribed water management principles;

(f) relevant provincial land use policies, development plans, and zoning by-laws;

(g) any other information that the authority considers relevant.

Content of a watershed management plan

16(1)       A watershed management plan must

(a) identify issues relating to the protection, conservation or restoration of water, aquatic ecosystems and drinking water sources in the watershed;

(b) contain objectives, policies and recommendations respecting some or all of the following:

(i) the protection, conservation or restoration of water, aquatic ecosystems and drinking water sources,

(ii) the prevention, control and abatement of water pollution, including wastewater and other point-source discharges, and non-point sources of pollution,

(iii) land drainage and flood control, including the maintenance of land drainage and flood control infrastructure,

(iv) activities in water quality management zones, riparian areas, wetlands, flood areas, flood plains and reservoir areas,

(v) water demand management, water use practises and priorities, the conservation of water supplies, and the reduction of water use and consumption during droughts and other periods of water shortage,

(vi) the supply, distribution, storage and retention of water, including measures to ensure persons in the watershed have access to clean potable water,

(vii) emergency preparedness to address spills, accidents and other emergencies that may affect water, an aquatic ecosystem or a drinking water source;

(c) specify linkages between water management and land use planning so as to facilitate the adoption, in a development plan or other planning instrument, of some or all of the provisions of the watershed management plan; and

(d) identify ways in which the plan can be implemented, monitored and evaluated, recognizing the need to implement the plan with the assistance of individuals, groups, and organizations.

Additional content

16(2)       A watershed management plan may also

(a) contain maps to assist in its interpretation; and

(b) specify a date by which the plan must be reviewed.

Consultation

17(1)       In preparing a watershed management plan, the water planning authority must consult with the following:

(a) if land within the watershed is in a conservation district or planning district, the board of that district;

(b) the council of any municipality located wholly or partly within the watershed;

(c) any band, as defined in the Indian Act (Canada), that has reserve land within the watershed; and

(d) any other person or entity specified by the minister.

Public meetings

17(2)       The water planning authority must hold one or more public meetings to consult with residents of the watershed on the preparation of the plan.

Plan to be submitted to minister for approval

18          A water planning authority must submit its watershed management plan to the minister for approval.

Referral of plan to the water council

19(1)       After receiving a proposed plan, the minister may refer it to the Manitoba Water Council for its review and advice.

Approval of the minister

19(2)       If the proposed plan is satisfactory to the minister, the minister may approve it in the form in which the water planning authority submitted it.

Referral of plan back to authority

19(3)       If the proposed plan is not satisfactory to the minister, the minister may refer it back to the water planning authority to be revised in accordance with any directions that the minister makes.

Revision of plan

19(4)       The water planning authority must revise a proposed plan that is referred back to it in accordance with the minister's directions, and re-submit it to the minister for approval within the time required by the minister.

Amending a plan after approval

20(1)       If a water planning authority proposes to make any amendments to an approved plan, it must submit them to the minister for approval.

Minister may require amendments

20(2)       In addition, the minister may require a water planning authority to make amendments to an approved plan about any matter the minister specifies, and the authority must prepare the amendments and submit them to the minister for approval.

Section 19 applies

20(3)       Section 19 applies to amendments under this section.

Notice of an approved plan

21          The minister must provide notice of the approval or amendment of a watershed management plan in accordance with any requirements specified in the regulations.

Periodic review

22          A water planning authority must review its approved watershed management plan, in accordance with the regulations,

(a) when directed to do so by the minister; and

(b) on or before any review date specified in the plan.

Sections 15 to 21 apply to the review of a plan, and its approval, with the necessary changes.

Plan to be considered in decision-making

23          The Lieutenant Governor in Council may, by regulation, require that an approved watershed management plan be considered before a prescribed decision is made or a prescribed approval is issued under this or any other specified Act or regulation.

MANITOBA WATER COUNCIL

Manitoba Water Council

24          The "Manitoba Water Council" is established.

Responsibilities of the water council

25          The water council has, subject to the direction of the minister, the following responsibilities:

(a) to monitor the development and implementation of watershed management plans in the province;

(b) to review regulations respecting water quality management zones, and provide advice to the minister;

(c) to advise the minister about matters relating to water generally;

(d) to coordinate the activities of advisory boards and similar entities that perform functions relating to water, including advisory boards and other entities specified by regulation;

(e) to assist in reporting sustainability indicators relating to water.

The water council must also perform any other duties assigned to it by an Act or regulation.

Members

26(1)       The water council is to consist of at least five members appointed by the Lieutenant Governor in Council, who in the opinion of the Lieutenant Governor in Council are representative of the regional diversity of Manitoba and of local government, agricultural and environmental perspectives.

Term of office

26(2)       The term of a member is as specified by the Lieutenant Governor in Council in the appointment, and a member continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.

Chair and vice-chair

26(3)       The Lieutenant Governor in Council must designate one of the members of the water council as chair and may designate another member as vice-chair.

Expenses

27          Each member of the water council may be reimbursed for such reasonable expenses as may be approved by the minister.

Minister may refer matter to water council

28          The minister may refer any matter within the water council's responsibilities to the water council.  The water council must, in accordance with the terms of reference, consider the matter and give the minister a written report of its findings and recommendations.

WATER STEWARDSHIP FUND

Water Stewardship Fund

29(1)       The "Water Stewardship Fund" is established, consisting of

(a) amounts appropriated by an Act of the Legislature for the fund;

(b) contributions received from any source by way of grant, gift, donation or bequest;

(c) interest or other income earned from the investment of money in the fund;

(d) amounts received under a Federal-Provincial agreement or any other agreement; and

(e) any other money received by the fund.

Fund to be held in separate trust account

29(2)        The fund is to be under the control and supervision of the Minister of Finance and must be held in trust for the purposes specified in subsection (3), in a separate account in the Consolidated Fund.

Purposes of the fund

29(3)       The purposes of the fund are

(a) to provide grants in support of research, projects and activities that further the purpose of this Act;

(b) to provide grants to assist in the implementation of watershed management plans or water conservation programs; and

(c) to support any other water management or water quality purpose that the Lieutenant Governor in Council considers advisable.

Payments out of fund

29(4)       Subject to the regulations, payments may be made out of the fund for

(a) the amount of any grant made by the minister that is consistent with the purpose of the fund, on any terms and conditions he or she considers appropriate;

(b) the cost of marketing and promoting the fund or a funded project; and

(c) administrative and reporting costs associated with the fund, including salaries and contract expenses.

Fund not public money

29(5)       The money contained within the fund, other than amounts credited to the fund under clause (1)(a), is not public money within the meaning of The Financial Administration Act.

Regulations respecting the fund

29(6)       The Lieutenant Governor in Council may make regulations

(a) respecting grants, including the terms and conditions on which grants may be made by the minister; and

(b) respecting the fund and any payments authorized by subsection (4) to be made from the fund.

PART 3.1

AQUATIC INVASIVE SPECIES

INTERPRETATION

Definitions

29.1(1)     The following definitions apply in this Part and Part 4.

"AIS director" means the director of aquatic invasive species designated under section 29.14. (« directeur de la lutte contre les espèces aquatiques envahissantes »)

"aquatic invasive species" means a species that is designated as an aquatic invasive species under section 29.2. (« espèce aquatique envahissante »)

"carrier" means an animal, plant or other organism or thing that is designated as a carrier under section 29.3. (« vecteur »)

"control order" means an order issued under section 29.10. (« ordre de prévention »)

"control station" means an aquatic invasive species control station established under section 29.7. (« poste de contrôle »)

"control zone" means an area designated as an aquatic invasive species control zone under section 29.13. (« zone réglementée »)

"conveyance" means a motor vehicle, watercraft and aircraft. (« moyen de transport »)

"invasive species" means a species that is not native to Manitoba. (« espèce envahissante »)

"motor vehicle" means

(a) a motor vehicle as defined in subsection 1(1) of The Highway Traffic Act;

(b) an off-road vehicle as defined in The Off-Road Vehicles Act; and

(c) any other self-propelled vehicle that is designed to travel on land. (« véhicule automobile »)

"permit" means a permit issued under section 29.15. (« permis »)

"species" means a species or subspecies of animal, plant or other organism and includes bacteria and viruses. (« espèce »)

"watercraft" means a motorboat, sailboat, personal watercraft, canoe or other thing designed to transport a person on water. (« bateau »)

"water-related equipment" means

(a) a dock, boat lift or trailer for watercraft;

(b) items and equipment used for fishing, such as fishing rods, nets and bait containers;

(c) recreational equipment used in water, such as water skis, wakeboards and water tubes;

(d) scuba gear, wetsuits, waders and other equipment designed to be worn in water;

(e) water tanks, water-hauling equipment and irrigation equipment; and

(f) any other prescribed items. (« matériel nautique »)

Interpretation: "species"

29.1(2)     In this Part, a reference to a species or a member of a species includes

(a) a member of the species whether it is alive or dead;

(b) a member of the species at any stage of development; and

(c) any part of a member of the species.

Similar species

29.1(3)     For the purposes of the administration and enforcement of this Part, a member of a species that is not easily distinguishable from an aquatic invasive species is deemed, in the absence of evidence to the contrary, to be a member of an aquatic invasive species.

Reference to "Part" includes regulations

29.1(4)     A reference to "this Part" includes the regulations made under this Part.

S.M. 2015, c. 7, s. 6.

Aquatic invasive species

29.2(1)     The minister may, by regulation, designate a species as an aquatic invasive species if

(a) the species is not native to Manitoba;

(b) members of the species live in or near a water body; and

(c) the species has a negative effect on aquatic ecosystems in Manitoba or is likely to have a negative effect on aquatic ecosystems in Manitoba.

Designation even if species not in Manitoba

29.2(2)     A species may be designated as an aquatic invasive species even if the species is not present in Manitoba.

S.M. 2015, c. 7, s. 6.

Carriers

29.3        The minister may, by regulation, designate as a carrier

(a) a plant, animal or other organism, or any part of, or product derived from, a plant, animal or other organism that is capable of being a host to an aquatic invasive species; and

(b) any thing that is capable of transporting or facilitating the movement of an aquatic invasive species from one place to another.

S.M. 2015, c. 7, s. 6.

PROHIBITIONS

Prohibitions re aquatic invasive species

29.4(1)     A person must not

(a) possess a member of an aquatic invasive species in Manitoba;

(b) bring a member of an aquatic invasive species into Manitoba or cause it to be brought into Manitoba;

(c) deposit or release a member of an aquatic invasive species in Manitoba or cause it to be deposited or released in Manitoba; or

(d) transport a member of an aquatic invasive species in Manitoba.

Exceptions

29.4(2)     Subsection (1) does not apply

(a) in prescribed circumstances; or

(b) to a person who is the holder of a permit that authorizes the person to engage in an activity that is prohibited under subsection (1).

S.M. 2015, c. 7, s. 6.

DETECTING AQUATIC INVASIVE SPECIES

Surveys to detect invasive species

29.5(1)     An inspector or officer may conduct a survey in any area to

(a) detect the presence of an invasive species, including a species that has not been designated as an aquatic invasive species; or

(b) determine whether an invasive species, including a species that has not been designated as an aquatic invasive species, is spreading across Manitoba.

Entry on land permitted to conduct survey

29.5(2)     For the purpose of conducting a survey, an inspector or officer may enter upon any land or water body at any reasonable time.

Expert assistance

29.5(3)     When conducting a survey, an inspector or officer may be accompanied by a person with technical or scientific experience.

No entry to buildings

29.5(4)     Subsection (1) does not authorize an inspector or officer, or a person acting under his or her direction, to enter a building or other enclosed structure.

Survey actions

29.5(5)     When conducting a survey, an inspector or officer and any person acting under his or her direction may

(a) examine any thing that he or she has reasonable grounds to suspect is an invasive species or may contain evidence of an invasive species; and

(b) conduct any test or analysis, take any specimen or sample, set up any equipment and take any photographs or other images that may assist in the survey.

S.M. 2015, c. 7, s. 6.

Inspections at water bodies

29.6        For the purpose of determining the presence of aquatic invasive species or carriers, an inspector may conduct a visual or tactile inspection of

(a) the exterior of a conveyance that is docked or moored in a water body or that has been left at or near an access point to a water body; and

(b) water-related equipment that is in a water body or that is located in a public area in close proximity to a water body.

S.M. 2015, c. 7, s. 6.

Control stations

29.7(1)     The department may establish permanent or temporary control stations at which inspectors and officers may

(a) inspect watercraft and motor vehicles transporting watercraft that pass through the station as well as any water-related equipment in those watercraft and motor vehicles; and

(b) clean or treat watercraft, motor vehicles and any water-related equipment in a watercraft or motor vehicle, if there are reasonable grounds to suspect those things may contain or are carrying an aquatic invasive species or a carrier.

Control station locations

29.7(2)     Control stations may be established

(a) at or near Manitoba's borders;

(b) at or near access points to water bodies; and

(c) on highways that lead to water bodies.

Notice of control stations

29.7(3)     A control station must be identified by prescribed signs or notices.

Duties at control stations

29.7(4)     The operator of a watercraft, or a motor vehicle transporting a watercraft, that is approaching a control station must

(a) proceed directly to the station;

(b) allow an inspection of his or her watercraft and motor vehicle as well as any water-related equipment in the watercraft or motor vehicle to take place;

(c) provide such reasonable assistance and information to enable the inspector or officer to perform the inspection;

(d) allow his or her watercraft, motor vehicle or water-related equipment to be cleaned or treated, if an inspector or officer advises that cleaning or treatment is required; and

(e) not leave until authorized to do so by an inspector or officer.

S.M. 2015, c. 7, s. 6.

MEASURES TO CONTAIN OR ERADICATE AQUATIC INVASIVE SPECIES

Restricted access re aquatic invasive species

29.8(1)     When a member of an aquatic invasive species has been found in Manitoba, an inspector, officer or a person acting under his or her direction may

(a) establish a temporary barrier around the immediate area where the member was found or around a conveyance or structure where the member was found; or

(b) post or erect signs or markers around the immediate area where the member was found, or around the conveyance or structure where the member was found, prohibiting public access.

Restricted access re other invasive species

29.8(2)     If an inspector or officer finds a member of an invasive species that has not been designated as an aquatic invasive species but he or she has reason to suspect that the species may have a negative effect on aquatic ecosystems in Manitoba, the inspector, officer or a person acting under his or her direction may take the actions set out in clause (1)(a) or (b) in relation to the member that was found.

Duty to comply with barriers and signs

29.8(3)     Unless authorized by an inspector or officer, a person must not enter an area, conveyance or structure

(a) around which a temporary barrier has been established under clause (1)(a) or subsection (2); or

(b) if a sign or marker posted or erected under clause (1)(b) or subsection (2) prohibits entry.

S.M. 2015, c. 7, s. 6.

Decontamination order

29.9(1)     An inspector or officer may issue a written order described in subsection (2) to a person who owns, operates or possesses a conveyance or water-related equipment if the inspector or officer has reasonable grounds to suspect that

(a) it contains or is carrying a member of an aquatic invasive species or a carrier; or

(b) it has been operated or used outside of Manitoba.

Terms of decontamination order

29.9(2)     A decontamination order may require a person to do one or more of the following by a deadline specified in the order:

(a) keep the conveyance or water-related equipment at a dock or mooring or other specified location in a water body until it is removed from the water;

(b) transport the conveyance or water-related equipment to a specified location

(i) to permit further inspection, or

(ii) to allow a specified person to clean or treat it;

(c) clean or treat the conveyance or water-related equipment in the manner specified in the order;

(d) report to a specified location with proof of compliance with the order.

Compliance with decontamination order

29.9(3)     A person who has been issued a decontamination order must

(a) comply with the order; and

(b) ensure that the conveyance or water-related equipment does not come into any further contact with a water body until the person has complied with the order.

S.M. 2015, c. 7, s. 6.

Control orders

29.10(1)    When a member of an aquatic invasive species has been found in Manitoba, an inspector or officer may issue a written order to

(a) the person who possesses the member;

(b) the person who owns or occupies, or who is in charge of, the land, building or place where the member was found; or

(c) the person who operates, possesses or is in charge of the conveyance or structure where the member was found.

Terms of control order

29.10(2)    A control order may require a person to do one or more of the following to prevent the spread of the aquatic invasive species:

(a) restrict or stop a specified activity that may lead to the spread of the aquatic invasive species;

(b) restrict or prohibit access to any place or location where a member of the species has been found, in the manner specified in the order;

(c) undertake specified activities to prevent the spread of the aquatic invasive species;

(d) clean or treat a specified carrier, conveyance or structure in accordance with directions contained in the order;

(e) remove or eradicate the aquatic invasive species or a specified carrier in accordance with directions contained in the order.

Order requirements

29.10(3)    A control order must

(a) identify the aquatic invasive species that is the subject of the order;

(b) set out the time period when the order is in effect, which must not exceed 60 days; and

(c) set out the deadline to complete any actions required under clause (2)(c), (d) or (e).

S.M. 2015, c. 7, s. 6.

Appeals of control orders

29.11(1)    A person who has been issued a control order may appeal the order by giving written notice to the AIS director within 10 days after the order is served.

Notice of appeal

29.11(2)    The notice of appeal must state the reasons for the appeal and any facts relied on by the appellant.

Stay

29.11(3)    Pending the outcome of the appeal, the filing of an appeal operates as a stay of a requirement in the control order referred to in clause 29.10(2)(c), (d) or (e), but the filing of the appeal does not operate as a stay of any other requirement of the order.

Powers on appeal

29.11(4)    The AIS director must consider the appeal as soon as practicable after it is received and may confirm the control order, quash it, or vary it in any manner he or she considers appropriate.

Notice to appellant

29.11(5)    The AIS director must give notice of his or her decision on the appeal to the appellant within seven days after making the decision.

S.M. 2015, c. 7, s. 6.

Eradicating invasive species and carriers

29.12(1)    For the purposes set out in subsection (2), an inspector, officer or a person acting under his or her direction may

(a) remove or eradicate members of an aquatic invasive species;

(b) clean, treat, remove or eradicate a carrier; and

(c) clean or treat a conveyance or structure where the member was found.

Required purposes

29.12(2)    An action set out in subsection (1) may only be taken for one of the following purposes:

(a) to prevent the introduction of an aquatic invasive species;

(b) to prevent the spread of an aquatic invasive species;

(c) to control or eradicate an aquatic invasive species.

Entry permitted

29.12(3)    An inspector, officer or a person acting under his or her direction may enter upon any land or water body at any reasonable time to carry out the actions set out in subsection (1).

Required assistance

29.12(4)    The following persons must provide such reasonable assistance and information to enable an inspector, officer or a person acting under his or her direction to carry out the actions set out in subsection (1):

(a) a person who possesses the member of the species or a carrier;

(b) a person who owns or occupies, or who is in charge of, the land, building or place where the member of the species was found;

(c) a person who operates, possesses or is in charge of the conveyance or structure where the member of the species was found.

S.M. 2015, c. 7, s. 6.

Aquatic invasive species control zones

29.13(1)    The minister may, by regulation, designate an area of Manitoba as an aquatic invasive species control zone.

Area to be designated

29.13(2)    A control zone may include any area of Manitoba, whether or not an aquatic invasive species is present in the area, or in all parts of the area.

Content of regulation

29.13(3)    A regulation designating a control zone must

(a) identify the area that is the subject of the designation;

(b) identify the aquatic invasive species that is the subject of the designation; and

(c) specify the measures to prevent the introduction of the aquatic invasive species or control its spread in the control zone, such as

(i) regulating or prohibiting the movement of conveyances, water-related equipment and carriers within the control zone, or into or out of the control zone,

(ii) regulating or prohibiting specified activities within the control zone that may lead to the introduction or spread of the aquatic invasive species, and

(iii) prohibiting or restricting public access to the control zone or specified areas of the control zone, including regulating or prohibiting the entry or movement of conveyances and water-related equipment in the control zone or in specified areas of the control zone.

S.M. 2015, c. 7, s. 6.

MISCELLANEOUS PROVISIONS

Aquatic invasive species director

29.14(1)    The minister may designate a person as the director of aquatic invasive species.

Role

29.14(2)    The director of aquatic invasive species is responsible for the overall management of all programs, initiatives and measures to detect, contain and eradicate aquatic invasive species.

S.M. 2015, c. 7, s. 6.

Permits

29.15(1)    The AIS director may issue a permit that authorizes a person to engage in an activity specified in the permit that would otherwise be prohibited under this Part if the activity is for one of the following purposes:

(a) scientific research;

(b) public education;

(c) the detection, containment or eradication of an aquatic invasive species;

(d) a prescribed purpose.

Applications

29.15(2)    A person applying for a permit must

(a) apply to the AIS director on a form approved by the AIS director;

(b) pay any prescribed application fee; and

(c) provide any additional information or documents requested by the AIS director.

Issuing permit

29.15(3)    The AIS director may issue a permit to an applicant if he or she is satisfied that

(a) the applicant has the required knowledge, equipment and facilities to prevent the unauthorized release or spread of an aquatic invasive species;

(b) the applicant will take all necessary steps to prevent the unauthorized release or spread of an aquatic invasive species; and

(c) the issuance of the permit is in the public interest.

Terms and conditions

29.15(4)    The AIS director may impose any terms or conditions on the permit that he or she considers appropriate, including conditions that

(a) restrict the times or locations where an authorized activity may be carried out;

(b) limit the circumstances in which an authorized activity may be carried out;

(c) require the permit holder to prepare a plan to manage, contain or eradicate an aquatic invasive species or prevent its release;

(d) require the permit holder to submit reports to the AIS director; and

(e) require the permit holder to furnish security to the AIS director in an amount specified in the permit to ensure compliance with the permit.

Compliance

29.15(5)    The permit holder must comply with any terms or conditions set out in the permit.

S.M. 2015, c. 7, s. 6.

Certified service providers

29.16(1)    The AIS director may certify persons who clean or treat watercraft and water-related equipment for hire as certified service providers.

Applications

29.16(2)    An application for certification must be made on a form approved by the AIS director and be accompanied by any prescribed application fee.

When certification may occur

29.16(3)    The AIS director may issue a certification to an applicant if

(a) the applicant and all of his or her employees who clean or treat watercraft and water-related equipment have satisfactorily completed prescribed training regarding aquatic invasive species;

(b) the applicant has the necessary equipment and facilities to clean or treat watercraft and water-related equipment in a prescribed manner; and

(c) the AIS director is satisfied that the applicant and all of his or her employees will clean or treat watercraft and water-related equipment in a prescribed manner.

Term

29.16(4)    A certification is valid for two years from the date of certification, unless the AIS director cancels the certification earlier.

Prohibition

29.16(5)    A person must not hold himself or herself out as a certified service provider unless he or she holds a valid certification.

S.M. 2015, c. 7, s. 6.

Compensation

29.17       No right of compensation exists against the government, an inspector or officer or any person acting under authority of this Act in respect of anything that is seized, treated, removed or eradicated under this Part, but the minister may provide such compensation to a person as the minister considers fair and reasonable in the circumstances.

S.M. 2015, c. 7, s. 6.

Regulations

29.18(1)    The minister may make regulations

(a) respecting carriers, including regulating or prohibiting

(i) the entry of prescribed carriers into Manitoba,

(ii) the movement of prescribed carriers in Manitoba, and

(iii) the possession of prescribed carriers in Manitoba;

(b) respecting water-related equipment;

(c) respecting the operation of control stations;

(d) respecting the operation of conveyances in water bodies, including prescribing requirements respecting the cleaning or treatment of conveyances when they are placed into, or removed from, a water body;

(e) prescribing the manner in which orders under this Part must be served;

(f) respecting the issuance, amendment and revocation of permits;

(g) respecting certifications under section 29.16;

(h) exempting persons or classes of persons from the requirements of this Part or specified provisions of this Part, subject to any prescribed conditions or restrictions;

(i) defining any word or phrase used but not defined in this Part;

(j) prescribing anything referred to in this Part as being prescribed;

(k) respecting any matter necessary or advisable to carry out the purposes of this Part.

Scope and application of regulations

29.18(2)    A regulation under this Part

(a) may be general or particular in its application;

(b) may establish classes of persons, carriers, conveyances or other things and may apply differently to different classes; and

(c) may apply to the whole or any part of Manitoba.

S.M. 2015, c. 7, s. 6.

PART 4

COMPLIANCE AND GENERAL PROVISIONS

Designation of officers

30          The minister may designate any persons, or the members of any class of persons, as officers for the purpose of administering and enforcing this Act.

S.M. 2015, c. 7, s. 7.

Inspectors

30.1        The minister may designate any persons, or the members of any class of persons, as inspectors for the purposes of Part 3.1.

S.M. 2015, c. 7, s. 8.

Identification

30.2        An officer or inspector exercising a power under this Act must produce identification on request.

S.M. 2015, c. 7, s. 8.

Inspection authority of officers

31(1)        When reasonably required to administer or determine compliance with this Act, an officer may enter and inspect any place or premises, other than a dwelling, at any reasonable time.

Entry into dwelling with consent

31(2)       Despite subsection (1), an officer may enter and inspect a dwelling with the consent of the owner or occupant.

Warrant for entry into dwelling

31(3)       On application by an officer, a justice may at any time issue a warrant authorizing the officer and any other person named in the warrant to enter and inspect a dwelling, if the justice is satisfied there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act; and

(b) in respect of the dwelling,

(i) entry has been refused or there are reasonable grounds to believe that entry will be refused,

(ii) the occupant is temporarily absent, or

(iii) the dwelling is unoccupied.

Conditions

31(4)       A warrant may be made subject to any conditions specified in it.

Assistance to officials

31(5)       In exercising a power under this section, an officer may use such force or obtain such assistance from a peace officer or other person as he or she considers necessary.

Additional inspection powers

32(1)       In addition to the powers referred to in section 31, when reasonably required to administer or determine compliance with this Act, an officer may

(a) make any inspection, investigation, examination, test, analysis or inquiry that he or she considers necessary;

(b) require any substance, thing, solid, liquid, gas, plant, animal or other organism to be produced for inspection, examination, testing or analysis;

(c) take samples of or seize any substance, thing, solid, liquid, gas, plant, animal or other organism; and

(d) take photographs or other images of a place or premises, or any condition, process, substance, thing, solid, liquid, gas, plant, animal or other organism located at or in it.

Use of data processing system and copying equipment

32(2)       In carrying out an inspection under this Act, an officer may

(a) use a data processing system at the place where the records, documents or things are kept to examine any data contained in or available to the system;

(b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system at the place; and

(c) use any copying equipment at the place to make copies of any record or document.

Assistance to officials

32(3)       A person who has custody or control of a record, document or thing referred to in subsection (1) or (2) must give the officer

(a) all reasonable assistance to enable the officer to carry out his or her duties; and

(b) any information that the officer may reasonably require.

Stopping and inspecting conveyances

32.1(1)     When reasonably required to administer or determine compliance with this Act, an officer may stop a conveyance and conduct an inspection if he or she has reasonable grounds to believe that

(a) the conveyance is in a water body or has recently been in a water body; or

(b) the conveyance contains or is towing or transporting a watercraft or water-related equipment.

Operator to stop

32.1(2)     When an officer signals or requests a person operating a conveyance to stop, the person must immediately bring the conveyance to a stop and must not proceed until permitted to do so by the officer.

Inspection powers

32.1(3)     Subsection 31(5) and section 32 apply to an inspection conducted under this section.

S.M. 2015, c. 7, s. 9.

Warrant for search and seizure

32.2(1)     A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in any place, premises or conveyance any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an officer and any other person named in the warrant to enter and search the place, premises or conveyance for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Application without notice

32.2(2)     A warrant under this section may be issued upon application without notice.

Search and seizure without warrant

32.2(3)     An officer may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one. In that case, the item seized must be brought before, or reported to, a justice, who must deal with it according to law.

S.M. 2015, c. 7, s. 9.

Seizure in execution of duties

32.3        An officer who is lawfully in a place while acting in the course of his or her duties and who discovers an offence being committed under this Act may, without a warrant, seize an aquatic invasive species, a conveyance or any other thing which is being used to commit the offence or which affords evidence of the offence, and bring it before a justice, or report on it to a justice, to be dealt with according to law.

S.M. 2015, c. 7, s. 9.

OFFENCES AND PENALTIES

Offences

33(1)       A person is guilty of an offence who

(a) contravenes a provision of this Act, or fails to comply with a provision of an order issued under this Act;

(b) makes a false statement to an officer, inspector or any other person acting under the authority of this Act;

(c) provides a false statement in an application, record or other document given or required under this Act; or

(d) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with an officer, inspector or any other person acting under the authority of this Act.

Continuing offence

33(2)       When a contravention of this Act or a failure to comply with an order issued under this Act continues for more than one day, the person is guilty of a separate offence for each day the contravention or non-compliance continues.

Directors and officers of corporations

33(3)       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 the offence.

Penalties for individuals

33(4)       Except as provided in subsection (5) or (5.1), a person who is guilty of an offence under this Act is liable on summary conviction,

(a) 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

(b) 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.

Penalties for corporations

33(5)       A corporation that is guilty of an offence under this Act is liable on summary conviction,

(a) for a first offence, to a fine of not more than $500,000.; and

(b) for each subsequent offence, to a fine of not more than $1,000,000.

Additional orders on conviction

33(5.1)     In addition to any fine or imprisonment that may be imposed under subsection (4) or (5), a justice who convicts a person of an offence under this Act may order the person

(a) to pay to the government or any other person all or part of the costs incurred to remedy or avoid any harm to the environment that resulted or may result from the commission of the offence; or

(b) to take any action that the justice considers appropriate to remedy or avoid any harm to the environment that resulted or may result from the commission of the offence.

Limitation period

33(6)       A prosecution for an offence under this Act may not be commenced later than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an officer; and the certificate of an officer as to the day on which the evidence came to his or her knowledge is evidence of that date.

S.M. 2015, c. 7, s. 10.

Certificate of analyst admissible

34(1)       A certificate appearing to be signed by an analyst — or a copy or extract of the certificate certified by the analyst as a true copy or extract — stating that the analyst has analyzed a sample of water or other substance, and giving the results, is admissible in evidence in any proceeding as proof of the facts stated, unless the contrary is shown.  Proof of the analysts's appointment or signature is not required.

Serving certificate on other parties

34(2)       A party intending to produce a certificate in a proceeding must give notice of that intention and a copy of the certificate to each other party at least seven days before the date fixed for the hearing.

REPORTING VIOLATIONS

Persons may report suspected violation

35(1)       Any person who reasonably believes that a violation of this Act has occurred, or may occur, may report the circumstances leading to that belief to an officer.

Protection from liability

35(2)       No action or other proceeding may be brought against a person for providing information in good faith under this section.

Adverse employment action prohibited

35(3)       No employer shall take adverse employment action against an employee because that person provided information in good faith under this section.

No interference or harassment

35(4)       No person shall interfere with or harass a person who provides information under this section.

GENERAL PROVISIONS

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.

S.M. 2011, c. 36, s. 17.

Protection from liability

36          No action or proceeding may be brought against the minister, an officer, inspector or any other person acting under the authority of this Act for anything done or not done, or for any neglect

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

S.M. 2015, c. 7, s. 11.

Act binds the Crown

37          This Act binds the Crown.

PUBLIC REGISTRY

Public registry

38          The minister must maintain a public registry, which may be in electronic form, containing a copy of each of the following:

(a) a draft of each proposed regulation or amendment to a regulation under this Act, other than a regulation made under Part 3.1;

(b) every declaration, order or regulation made under section 11 (serious water shortages);

(c) every order respecting a commercial or agricultural operation made under a regulation described in section 40;

(d) each watershed management plan approved by the minister under Part 3;

(e) such other information as the minister may from time to time direct.

S.M. 2015, c. 7, s. 12.

REGULATIONS

Regulations

39(1)       The Lieutenant Governor in Council may make regulations

(a) [repealed] S.M. 2015, c. 7, s. 13;

(b) governing, regulating or prohibiting the discharge or other release of a pollutant into water;

(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;

(c) respecting the siting, construction or operation of onsite wastewater management systems;

(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;

(d) governing, regulating or prohibiting the access of livestock to water bodies or areas adjacent to water bodies;

(e) respecting the providing of notice of an approval of, or amendment to, a watershed management plan under section 21;

(f) respecting the review of an approved watershed management plan under section 22;

(g) specifying advisory boards and other entities that perform functions relating to water for the purpose of the water council's coordinating role under clause 25(d);

(h) prescribing water management principles that are consistent with the purposes of this Act;

(i) respecting the establishment of programs to provide financial incentives to protect or enhance water, aquatic ecosystems or drinking water sources;

(j) respecting the manner in which the director must obtain expert advice for the purpose of section 7;

(k) defining any word or phrase used but not defined in this Act;

(l) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Regulation may apply to all or any part of province

39(2)       A regulation made under this Act may apply to the whole province or part of it, and may apply to one or more water bodies.

Public consultation in regulation development

39(3)       Except in circumstances that the minister considers to be of an emergency nature, in the formation or substantive review of regulations made under Part 2 other than section 11, or under any of 39(1)(b) to (d), the minister must provide an opportunity for public consultation regarding the proposed regulation or amendment.

S.M. 2008, c. 10, s. 4; S.M. 2011, c. 36, s. 18; S.M. 2015, c. 7, s. 13.

Transitional orders re existing operations

40(1)       A regulation made under Part 2 other than section 11, or under any of clauses 39(1)(b) to (d), may provide that an owner or operator of a commercial or agricultural operation affected by the regulation may apply to a director for an order

(a) specifying a transitional plan by which the applicant may, over a specified period, come into compliance with the regulation; and

(b) exempting the applicant from the application of all or part of the regulation for that period, or any part of it.

Requirements of regulation

40(2)       Where a regulation provides the right to apply for an order as described in subsection (1), the regulation must also provide

(a) that a director may issue an order only if he or she is satisfied that

(i) the applicant will suffer serious economic hardship unless an order is issued, and

(ii) issuing an order will not result in activities that

(A) present or may present an unacceptable risk of significant harm to water or an aquatic ecosystem, or

(B) place a drinking water source or public health at risk;

(b) that an order may be subject to terms and conditions;

(c) a process for appealing, to the minister,

(i) a director's decision whether to issue an order, and

(ii) a provision, term or condition of an order; and

(d) a process for varying an order, on the application of the government or the person subject to the order, if there has been a change in circumstances.

S.M. 2015, c. 7, s. 14.

PART 5

AMENDMENTS TO OTHER ACTS

41 and 42   

NOTE: These sections contained related amendments to other Acts that are now included in those Acts.

PART 6

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE

43 and 45   

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

Repeal

46          The Water Commission Act, R.S.M. 1987, c. W50, is repealed.

C.C.S.M. reference

47          This Act may be referred to as Chapter W65 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

NOTE:  S.M. 2005, c. 26, except section 44, came into force by proclamation on January 1, 2006.

NOTE:  Section 44 was never proclaimed into force and was repealed by S.M. 2008, c. 42, s. 94.