Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 210

THE WINTER SPREADING OF MANURE AND BIOSOLIDS PROHIBITION ACT

(Assented to                                         )

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

Definitions

1

The following definitions apply in this Act.

"biosolids" means solid or semi-solid sludge produced by treating sewage. (« biosolides »)

"livestock" means animals or poultry not kept exclusively as pets, but not including bees. (« bétail »)

"manure" means livestock feces and urine, and water contaminated by either of them, and may include wasted feed, livestock bedding, soil, milkhouse waste, hair, feathers and other debris associated with an agricultural operation. (« déjections »)

"onsite wastewater management system" means an onsite wastewater management system as defined in the regulations made under The Environment Act. (« système de gestion autonome d'eaux résiduaires »)

"sewage" means sewage from a municipal sewage system or onsite wastewater management system that contains, but is not limited to, human fecal or urinary waste and other human body and toilet waste, including water if the system uses water to carry the waste. (« eaux usées »)

"spread biosolids on land" means to spread or apply biosolids in any form on land as fertilizer or as a method of disposing of the biosolids, but does not include ground storage of biosolids if the method of storage is not prohibited by the laws of Manitoba and is in accordance with any Act or regulation of Manitoba that governs the storage. (« épandre des biosolides »)

"spread manure on land" means to spread or apply manure in any form on land as fertilizer or as a method of disposing of the manure, but does not include ground storage of manure if the method of storage is in accordance with the regulations under The Environment Act. (« épandre des déjections »)

Winter spreading of manure prohibited

2(1)

A person must not spread manure on land between November 10 of one year and April 10 of the next.

Offence: persons other than corporations

2(2)

A person other than a corporation who contravenes subsection (1) is guilty of an offence and 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.

Offences: corporations

2(3)

A corporation that contravenes subsection (1) is guilty of an offence and 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.

Winter spreading of biosolids prohibited

3(1)

A municipality must not

(a) spread biosolids on land between November 10 of one year and April 10 of the next; or

(b) cause or permit another person to spread biosolids on land between November 10 of one year and April 10 of the next.

Offence

3(2)

A municipality that contravenes subsection (1) is guilty of an offence and 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.

Continuing offence

4

If a contravention of this Act continues for more than one day, the person, corporation or municipality is guilty of a separate offence for each day the contravention continues.

Directors and officers of corporations

5

If a corporation other than a municipality 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.

Conflict with other Acts

6

If a provision of this Act conflicts with another Act, the provision of this Act prevails.

Exemption

7(1)

Section 2 does not apply to a person in respect of an area of land, and section 3 does not apply to a municipality in respect of an area of land, if

(a) before spreading manure or biosolids on the land during winter, the person or municipality has the phosphorus content of each body of water that drains the land tested, and all the test results show that the water's phosphorus level is less than .05 mg/L;

(b) after spreading manure or biosolids on the land during winter, the person or municipality has the phosphorus content of each body of water that drains the land tested

(i) every four weeks between the first day of spreading and the end of February, and

(ii) every week between March 1 and May 31;

(c) after each test of a body of water, the person or municipality

(i) obtains a written report of the test results without delay, and

(ii) sends a copy of the report to the Department of Conservation no later than two weeks after receiving it; and

(d) the person or municipality complies with any other Act or regulation that governs spreading manure or biosolids on land.

Testing requirements

7(2)

For the purposes of this section, a phosphorus-content test must

(a) be done by a testing laboratory that is independent of the person or municipality; and

(b) comply with the regulations, if any.

Spreading must stop when phosphorus level is high

7(3)

A person or municipality that receives a test report that shows the phosphorus content of a body of water is .05 mg/L or more must, without delay, stop spreading manure or biosolids on the land drained by the body of water, and must not spread manure or biosolids on the land again until

(a) one month after the report is received; or

(b) after the person or municipality sends the Department of Conservation test results showing that the phosphorus content of all the bodies of water is again less than .05 mg/L;

whichever is later.

Regulations

8(1)

The Lieutenant Governor in Council may make regulations

(a) respecting testing bodies of water for phosphorus content, including prescribing how the water samples are to be taken and handled, and how the testing is to be done;

(b) respecting the reporting of test results by persons or municipalities;

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

Regulations may be general or particular

8(2)

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

C.C.S.M. reference

9

This Act may be referred to as chapter W166 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

10

This Act comes into force one year after the day it receives royal assent.