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S.M. 2002, c. 31

Bill 23, 3^rd Session, 37^th Legislature

THE PESTICIDES AND FERTILIZERS CONTROL AMENDMENT ACT

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(Assented to August 9, 2002)

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

C.C.S.M. c. P40 amended

1

The Pesticides and Fertilizers Control Act is amended by this Act.

2

Section 1 is amended by adding the following definitions in alphabetical order:

"commercial manure applicator" means a person who transports manure, or applies it to land, for a fee, charge or other valuable consideration; (« applicateur professionnel de déjections »)

"manure" means feces and urine from livestock and includes associated bedding, unconsumed feed and wastewater; (« déjections »)

"manure management plan" means a manure management plan within the meaning of the regulations under The Environment Act; (« plan de gestion des déjections du bétail »)

"manure management planner" means a person who designs manure management plans for a fee, charge or other valuable consideration; (« planificateur de la gestion des déjections du bétail »)

"off-farm manure applicator" means

(a) a person

(i) whose livestock production operation produces more than a prescribed amount of a prescribed kind of manure, and

(ii) who intends to apply any of the manure to land that he or she does not own or lease, without using a commercial manure applicator to apply it, and

(b) a group of persons

(i) whose livestock production operations combined produce more than a prescribed amount of a prescribed kind of manure, and

(ii) who, in partnership or some other combination, intend to apply any of the manure to land that they do not own or lease, without using a commercial manure applicator to apply it; (« applicateur non propriétaire et non locataire »)

"person" means an individual, corporation, cooperative and partnership; (« personne »)

3(1)

The following is added after subsection 2(2):

Commercial manure applicator to obtain licence

2(2.1)

No person shall act as a commercial manure applicator unless he or she first obtains a licence from the minister for that purpose.

Off-farm manure applicator to obtain licence

2(2.2)

No off-farm manure applicator shall apply manure to land that he or she does not own or lease, or cause manure to be so applied, unless the person applying the manure holds an off-farm manure applicator's licence issued by the minister.

3(2)

Subsection 2(3) is amended by striking out "subsections (1) and (2)" and substituting "subsection (1), (2), (2.1) or (2.2)".

3(3)

Subsection 2(4) is amended

(a) by adding ", or to transport manure or apply it to land," after "fertilizer"; and

(b) in the English version, by adding "or she" after "he".

3(4)

Subsection 2(5) is amended

(a) in the section heading, by striking out "or" and substituting "on"; and

(b) in the subsection, by adding ", or to transport manure or apply it to land," after "fertilizer".

4

The following is added after section 2:

Manure management planners to be qualified

2.1

No person shall act as a manure management planner unless he or she has the qualifications prescribed by the regulations.

5(1)

Clause 4(1)(a) is replaced with the following:

(a) at any reasonable time and without warrant, enter any business premises, or any premises where the inspector has reasonable and probable grounds to believe that business records are kept, and examine and make copies of such of the following as the inspector reasonably requires to determine compliance with this Act or the regulations:

(i) books, records, registers or documents concerning the supply, sale, distribution or use of pesticides or fertilizers,

(ii) books, records, registers or documents concerning the supply, sale or transportation of manure, or its application to land;

5(2)

The following is added after clause 4(1)(b):

(b.1) stop and inspect any vehicle or enter and inspect any place in which the inspector believes on reasonable grounds there is pesticide, fertilizer, manure or another thing in respect of which this Act applies;

5(3)

The following is added after subsection 4(1):

Driver of vehicle must stop

4(1.1)

When an inspector signals or requests a person driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the inspector.

Warrant to enter a dwelling place

4(1.2)

An inspector may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.

Authority to issue warrant

4(1.3)

A justice who is satisfied by information on oath that

(a) the conditions for entry described in this section exist in relation to a dwelling place;

(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act; and

(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.

5(4)

Clause 4(2)(b) is amended by striking out "pesticide or fertilizer" and substituting "pesticide, fertilizer or manure".

5(5)

Subsection 4(3) is amended by striking out "pesticides or fertilizers or to contain a residue of pesticides or fertilizers" and substituting "pesticides, fertilizers or manure, or to contain a residue of any of them".

6

Section 5 is replaced with the following:

Permits

5

In special circumstances, the minister may issue an unlicensed person a permit

(a) to apply pesticides or fertilizers for test purposes, or to provide services involving the use or application of pesticides or fertilizers; or

(b) to transport manure or apply it to land for test purposes, or to provide services involving the transportation of manure or its application to land.

7

Section 8 is amended

(a) in clause (h), by striking out everything after "this Act";

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

(i) respecting the issuing of licences, the term of licences and the suspension or cancellation of licences, and providing for

(i) the form of application for licences, including the information to be contained in and documentation required to accompany applications, and

(ii) the qualifications that a person must have to obtain and maintain a licence;

(i.1) prescribing the qualifications that are required of manure management planners;

(i.2) prescribing amounts and kinds of manure for the purposes of the definition "off-farm manure applicator";

(c) in clause (j), by striking out "or "fertilizer"" and substituting ", "fertilizer" or "manure"";

(d) in clause (n), by striking out "and" after subclause (i), by adding "and" after subclause (ii), and by adding the following as subclause (iii):

(iii) for transporting manure or applying it to land;

(e) by replacing clause (o) with the following:

(o) respecting the composition and duties of the committee;

(f) by adding the following after clause (p):

(p.1) respecting the manner in which manure may be stored, transported, applied to land or disposed of and the safety precautions which must be observed;

Coming into force

8

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