2nd Session, 43rd Legislature

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Bill 22

THE ENVIRONMENT AMENDMENT AND WASTE REDUCTION AND PREVENTION AMENDMENT ACT

(Assented to                                         )

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

PART 1
THE ENVIRONMENT ACT

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

1   The Environment Act is amended by this Part.

2   Clause 1(1)(e) is amended by striking out "a significant adverse effect" and substituting "an adverse effect".

3   Clause 10(4)(a) is replaced with the following:

(a) subject to section 47, file a summary of the proposal in the public registry, notify the public of the proposal through advertisements in a newspaper having general circulation in the area of the proposed development and in such other manner as the director may consider appropriate and provide opportunity for comments and objections;

4   Clause 11(8)(a) is replaced with the following:

(a) subject to section 47, file a summary of the proposal in the public registry, notify the public of the proposal through advertisements in a newspaper having general circulation in the area of the proposed development and in such other manner as the director may consider appropriate and provide opportunity for comments and objections;

5   Clause 12(4)(a) is replaced with the following:

(a) subject to section 47, file a summary of the proposal in the public registry, notify the public of the proposal through advertisements in a newspaper having general circulation in the area of the proposed development and in such other manner as the minister may consider appropriate and provide opportunity for comments and objections;

6   Subsection 24(2) is amended

(a) in the part before clause (a), by adding "or notify any persons that may be affected by the situation" after "protect the environment"; and

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

(c.1) take any action specified by the director to notify the public or any specified person or body;

7(1)   Subsection 30.1(1) is amended, in the part before clause (a), by striking out "a significant adverse effect" and substituting "an adverse effect".

7(2)   Subsection 30.1(3) is amended by striking out "and" at the end of clause (b) and adding the following after clause (b):

(b.1) the local authority or local authorities for any area the person reporting knows or ought to know may be directly affected by the release; and

7(3)   Subsection 30.1(4) is amended

(a) in the section heading, by adding "release" after "Reporting";

(b) by adding "and local authorities" after "the persons"; and

(c) by adding "and local authorities" after "those persons".

7(4)   The following is added after subsection 30.1(4):

Duty to report imminent risk of release

30.1(4.1)   If there is an imminent risk of a release of a pollutant that may cause an adverse effect,

(a) any person who has caused or allowed the circumstances that create the imminent risk must report the imminent risk, in accordance with the regulations, to

(i) the director,

(ii) the person responsible for the pollutant, if the person reporting is not the person responsible for the pollutant but the person reporting knows or is readily able to determine the identity of that person,

(iii) the local authority or local authorities for any area the person reporting knows or ought to know may be directly affected by the potential release, and

(iv) any other person who the person reporting knows or ought to know may be directly affected by the potential release; and

(b) any person responsible for the pollutant must report the imminent risk, in accordance with the regulations, to the persons and local authorities referred to in clause (a), unless the person responsible for the pollutant has reasonable grounds to believe that those persons and local authorities are already aware of the imminent risk.

Action by director on learning of release or imminent risk

30.1(4.2)   On receiving a report under subsections (3) to (4.1) or otherwise becoming aware of a release or an imminent risk of a release that is reportable under those subsections, the director must, as soon as practicable and in accordance with the regulations,

(a) give notice of the release or imminent risk in the public registry and, subject to section 47, provide a summary of the situation;

(b) notify or cause an environment officer to notify the local authority or local authorities for any area the director knows or ought to know may be directly affected by the release or potential release; and

(c) notify or cause an environment officer to notify any other person or body that is prescribed by regulation.

8   Clause 41(1)(p.1) is replaced with the following:

(p.1) respecting the reporting and notifying of releases of pollutants or imminent risks of releases of pollutants under section 30.1, including

(i) exempting releases and situations, or classes of releases and situations, from the reporting and notifying requirements of that section, and

(ii) prescribing local authorities that must be reported to and notified under that section;

9(1)   Subsection 48(4) is replaced with the following:

Public hearing by commission

48(4)   Upon receiving a proposal for an abatement project from the minister, the commission shall set a suitable time and place for public hearings respecting the proposed abatement project and cause reasonable notice of the hearings to be given

(a) by publication in at least one issue of a newspaper having a general circulation in the municipality in which the abatement project is proposed;

(b) by sending a notice to the municipality and to every occupant of and every owner of an estate or interest in the lands, developments or premises that are intended to be removed and relocated or that are intended to be acquired to carry out the proposed abatement project; and

(c) in such other manner as the commission may consider appropriate.

9(2)   Subsection 48(5) is amended by striking out "served with a notice in accordance with subsection (4)" and substituting "sent a notice under clause (4)(b)".

Consequential amendment, S.M. 2018, c. 28 (unproclaimed)

10   Section 10 of The Government Notices Modernization Act (Various Acts Amended), S.M. 2018, c. 28, is repealed.

PART 2
THE WASTE REDUCTION AND PREVENTION ACT

C.C.S.M. c. W40 amended

11   The Waste Reduction and Prevention Act is amended by this Part.

12(1)   Subsections 14.1(1) to (3) are replaced with the following:

WRARS levy

14.1(1)   The operator of a Class 1, Class 2 or Class 3 waste disposal ground must pay to the Minister of Finance a waste reduction and recycling support levy for each 12-month period ending on December 31.

Purpose of levy

14.1(1.1)   The purpose of the levy is to support programs and initiatives that reduce or prevent the production and disposal of waste in the province consistent with the principles of sustainable development.

Amount of levy

14.1(2)   The amount of the levy for any 12-month period is

(a) the amount determined for that period in accordance with the applicable formula or tariff prescribed by regulation; or

(b) if there is no applicable prescribed formula or tariff, an amount equal to $10 multiplied by the number of tonnes of waste received — or estimated in accordance with the regulations to have been received — by the waste disposal ground during that period.

Due date

14.1(3)   The levy must be paid within 31 days after the end of the 12-month period for which it is payable.

12(2)   Subsection 14.1(4) is repealed.

13   Clause 22(1)(j.1) is amended

(a) by adding "and" at the end of subclause (iii); and

(b) by repealing subclause (iv).

Transitional — first annual levy

14(1)   The first 12-month period for which a levy is payable under section 14.1 of The Waste Reduction and Prevention Act, as amended by section 12 of this Act, is the period beginning on January 1, 2026, and ending on December 31, 2026.

Transitional — semi-annual levy under former section

14(2)   Section 14.1 of The Waste Reduction and Prevention Act, as it read immediately before the coming into force of section 12 of this Act, continues to apply in respect of any levy payable for any period ending before January 1, 2026.

PART 3
COMING INTO FORCE

Coming into force — royal assent

15(1)   Subject to subsections (2) to (4), this Act comes into force on the day it receives royal assent.

Coming into force — 30 days after royal assent

15(2)   Section 2 and subsection 7(1) come into force 30 days after the day this Act receives royal assent.

Coming into force — proclamation

15(3)   Subsections 7(2) to (4) and section 8 come into force on a day to be fixed by proclamation.

Coming into force — January 1, 2026

15(4)   Part 2 comes into force on January 1, 2026.