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This is an unofficial version.
This version is current as of April 22, 2014.
It has been in effect since June 14, 2012.

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  — June 16, 2011 to June 13, 2012

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C.C.S.M. c. S270

The Sustainable Development Act

(Assented to June 28, 1997)

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

PART 1

DEFINITIONS AND PURPOSE

Definitions

1           In this Act,

"biological diversity" means the variability among all living organisms and the ecological complexes of which they are part, including diversity within and among species and among ecosystems; (« biodiversité »)

"Cabinet" means the Executive Council appointed under The Executive Government Organization Act; (« Cabinet »)

"code of practice" means the provincial sustainable development code of practice established under subsection 11(1); (« code de pratique »)

"Crown corporation" means a corporation or other body to which The Crown Corporations Public Review and Accountability Act applies; (« corporation de la Couronne »)

"Crown Corporations Council" means the Crown Corporations Council established under The Crown Corporations Public Review and Accountability Act; (« Conseil des corporations de la Couronne »)

"demand management" means measures implemented to influence the amount of resources consumers use, as well as how and when the resources are used; (« régulation de la demande »)

"department" means a department of the government; (« ministère »)

"economy" means the global system of managing resources and of producing, distributing and consuming goods and services; (« économie »)

"environment" includes air, land, water, flora and fauna; (« environnement »)

"full-cost accounting" means accounting for the economic, environmental, land use, human health, social and heritage costs and benefits of a particular decision or action to ensure no costs associated with the decision or action, including externalized costs, are left unaccounted for; (« méthode du coût de revient complet »)

"Fund" means the Sustainable Development Innovations Fund continued under subsection 17(1); (« Fonds »)

"Guidelines" means the Guidelines for Sustainable Development set out in Schedule B; (« directives »)

"health" means the condition of being sound in body, mind and spirit, and shall be interpreted in accordance with the objects and purposes of this Act; (« santé »)

"Interdepartmental Planning Board" means the Interdepartmental Planning Board established under The Planning Act; (« Commission interministérielle d'aménagement »)

"local authority" means a municipality or local urban district established under The Municipal Act,  a municipal corporation established under any other Act of the Legislature and a local government district under The Local Government Districts Act; (« administration locale »)

"Manitoba Round Table" means the Manitoba Round Table for Sustainable Development established under subsection 4(1); (« Organisme »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act or any part of this Act; (« ministre »)

"Principles" means the Principles of Sustainable Development set out in Schedule A; (« principes »)

"procurement" includes the purchase, lease, rental, use or disposal of goods, facilities and services, including the acquisition of goods and facilities by construction, renovation or otherwise; (« approvisionnement »)

"provincial public sector organization" means

(a) a department, and

(b) a board, commission, association, or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management, board of directors or other governing boards, of which are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, to which this Act has been made applicable by regulation; (« organisation du secteur public provincial »)

"sustainability" means the capacity of a thing, action, activity or process to be maintained indefinitely in a manner consistent with the spirit of the Principles and Guidelines; (« durabilité »)

"sustainable development" means meeting the needs of the present without compromising the ability of future generations to meet their own needs; (« développement durable »)

"Sustainable Development Strategy" means the Sustainable Development Strategy for Manitoba established under section 7; (« stratégie de développement durable »)

"sustainable yield" means the harvesting, extraction or use of a renewable resource at a rate or in an amount that does not exceed the rate of growth, regeneration or replacement of the resource. (« rendement équilibré »)

Purpose

2           The purpose of this Act is to create a framework through which sustainable development will be implemented in the provincial public sector and promoted in private industry and in society generally.

PART 2

FRAMEWORK FOR IMPLEMENTING SUSTAINABLE DEVELOPMENT

3           Not yet proclaimed.

Manitoba Round Table established

4(1)        The Manitoba Round Table for Sustainable Development is hereby established to

(a) promote sustainable development in Manitoba; and

(b) provide advice and recommendations to government in accordance with this Act.

Duties of the Manitoba Round Table

4(2)        The duties of the Manitoba Round Table include

(a) creating awareness and understanding of sustainable development by the citizens of Manitoba;

(b) cooperating with public sector organizations, private industry, non-governmental organizations and citizens to share knowledge and experience;

(c)  reviewing the Principles and Guidelines under section 6;

(d) advising on the development of, and reviewing, the Sustainable Development Strategy in accordance with section 7;

(e) advising on the development of component strategies in accordance with section 7;

(f) advising on the development and review of sustainability indicators in accordance with section 9;

(f.1) at the request of the minister, reviewing existing or proposed policy, legislation, regulations or programs for consistency with the Principles and Guidelines, and reporting to the minister with recommendations for his or her consideration; and

(g) any other task or activity related to sustainable development, at the request of the minister.

Powers of the Manitoba Round Table

4(3)        The Manitoba Round Table may

(a) establish and direct subcommittees to undertake various tasks;

(b) make its own rules of procedure, including procedures of subcommittees;

(c) identify, promote and encourage projects and activities which exemplify sustainable development practices;

(d) initiate, sponsor and support seminars, workshops and conferences related to sustainable development;

(d.1) conduct studies and investigations, and advise and make recommendations to the minister, on matters related to sustainable development, other than matters involving the gathering of evidence to determine whether or not specific persons or bodies are complying with the provisions of this Act and the regulations;

(e) publish reports and other materials; and

(f) do all things necessary for the effective carrying out of its duties under this Act.

Membership of the Manitoba Round Table

4(4)        The Manitoba Round Table shall consist of at least 20 members appointed by the Lieutenant Governor in Council, of whom a minimum of four, and a maximum of 1/3 of the total number, shall be Cabinet ministers.

Term of office

4(5)        Except in the case of a Cabinet minister, a member of the Manitoba Round Table shall be appointed for a term of not less than one year and not more than three years.

Renewal of term

4(6)        The Lieutenant Governor in Council may renew the term of a member of the Manitoba Round Table.

Premier as chairperson

4(7)        Where the Premier is a member of the Manitoba Round Table, he or she shall be its chairperson.

Other chairperson

4(8)        Where the Premier is not a member of the Manitoba Round Table, the Lieutenant Governor in Council shall designate one of its members as the chairperson for a term of three years, after the expiration of which the Lieutenant Governor in Council may redesignate the member as chairperson for no more than one further term of three years.

Meetings of the Manitoba Round Table

4(9)        The Manitoba Round Table shall meet at least three times each year.

Quorum

4(10)       A majority of the members constitutes a quorum for the transaction of business at any meeting of the Manitoba Round Table.

Reporting

4(11)       The Manitoba Round Table shall submit an annual report on its activities to the minister.

Annual report to be tabled

4(12)       The minister shall lay a copy of an annual report received by him or her under subsection (11) before the Legislative Assembly

(a) within 15 days if the Legislative Assembly is in session; or

(b) if the Legislative Assembly is not in session, within 15 days after the beginning of the next session.

S.M. 2000, c. 44, s. 2.

Responsibilities of the Department of Conservation and Water Stewardship

5           The Department of Conservation and Water Stewardship is responsible for

(a) providing secretariat, administrative and research support to the Manitoba Round Table and to Cabinet or any committee of Cabinet;

(b) coordinating the review of strategy and policy work by the Interdepartmental Planning Board, and any other interdepartmental committee designated by the minister, regarding implementation of sustainable development policy and strategies;

(c) coordinating the conduct of tasks set out in this Act, including, but not limited to

(i) development and review of the Sustainable Development Strategy under section 7,

(ii) development of component strategies under section 7,

(iii) development of sustainability indicators for the purpose of section 9,

(iv) preparation of the provincial sustainability report under section 10,

(v) preparation and review of the provincial sustainable development code of practice under section 11, and

(vi) coordination of the implementation of the provisions of this Act relating to provincial public sector organizations;

(d) administering the Fund under the supervision of the minister in accordance with Part 7;

(e) repealed, S.M. 2000, c. 44, s. 3.

S.M. 2000, c. 44, s. 3; S.M. 2012, c. 40, s. 68.

PART 3

PRINCIPLES AND GUIDELINES

Principles of Sustainable Development enumerated

6(1)        The Principles of Sustainable Development for the purposes of this Act are listed in Schedule A.

Guidelines for Sustainable Development enumerated

6(2)        The Guidelines for Sustainable Development for the purposes of this Act are listed in Schedule B.

Review of Principles and Guidelines

6(3)        The Principles and Guidelines

(a) may be reviewed by the Manitoba Round Table at any time after the coming into force of this Act; and

(b) shall be reviewed by the Manitoba Round Table within five years after the coming into force of this Act, and at regular intervals of not more than five years after the initial review.

Manitoba Round Table to make recommendations

6(4)        Upon completion of a review under subsection (3), the Manitoba Round Table shall make any recommendations it considers appropriate concerning the Principles and Guidelines to the minister.

PART 4

SUSTAINABLE DEVELOPMENT STRATEGIES

Provincial strategy to be established

7(1)        The Lieutenant Governor in Council shall

(a) within two years after the coming into force of this Act, establish a Sustainable Development Strategy for Manitoba in consultation with the Manitoba Round Table; and

(b) require the Manitoba Round Table to review the strategy within five years after its establishment, and then at regular intervals of not more than five years after the initial review.

Purpose of the provincial strategy

7(2)        The Sustainable Development Strategy is intended for the purpose of, but not limited to,

(a) establishing provincial sustainable development goals;

(b) establishing a framework for sustainable development policy development; and

(c) guiding the preparation of specific economic, environmental, resource, human health and social policy component strategies.

Component strategies

7(3)        The component strategies created under this Part shall set out strategic plans for achieving sustainability in specific economic, environmental, resource, human health and social policy sectors identified in the Sustainable Development Strategy.

Manitoba Round Table shall consult and advise

7(4)        In connection with the development of component strategies under this Part, the Manitoba Round Table shall

(a) prepare, in consultation with the Interdepartmental Planning Board and departments, and publish draft policies, recommendations and proposed action plans in relation to the component strategies; and

(b) consult the public on the draft policies, recommendations, proposed action plans and draft component strategies and publish the results of the public consultations, and provide any advice to government that it considers appropriate.

S.M. 2011, c. 35, s. 48.

Strategy or part of strategy may be adopted

8(1)        The Lieutenant Governor in Council may adopt by regulation all or part of a component strategy created under this Part.

Content of regulation

8(2)        A regulation made under subsection (1) shall contain a list of provisions of Acts of the Legislature or regulations under the authority of which decisions may be made or policies established by persons in government upon which the component strategy or part of a strategy adopted by the regulation may have an impact.

Effect of adoption

8(3)        A person making a decision or establishing a policy under a provision listed as required under subsection (2) shall have regard to the guiding principles and policies established in the adopted component strategy or part of a strategy.

Existing enactments to have precedence

8(4)        Notwithstanding subsections (1) to (3), an existing enactment that governs or guides a person in the making of a decision or development of a policy referred to in subsection (2) or (3) shall have precedence over an adopted component strategy or part of a strategy.

PART 5

PROVINCIAL SUSTAINABILITY INDICATORS AND REPORTING

Provincial sustainability indicators established

9(1)        The minister shall cause sustainability indicators to be established within three years after the coming into force of this Act.

Manitoba Round Table to recommend indicators

9(2)        The Manitoba Round Table shall

(a) prepare a draft set of indicators;

(b) consult with the public and with experts regarding the proposed indicators; and

(c) prepare and submit a report to the minister respecting the proposed indicators and any related issues, setting out any recommendations it considers appropriate.

Provincial sustainability report required

10(1)       The minister shall cause a Provincial Sustainability Report to be prepared based on the sustainability indicators within four years after their establishment and thereafter within one year after the release of data from the national census of the Government of Canada, or at such other times as may be decided by the minister.

Report to include progress re procurement

10(2)       A Provincial Sustainability Report prepared four years or more after the establishment of procurement goals under subclause 12(2)(a)(ii) shall include a government-wide procurement progress report which evaluates and reports on each department's progress toward meeting the goals.

Data collection

10(3)       The Lieutenant Governor in Council may designate a provincial public sector organization to collect data relevant to the indicators, maintain a data base of the data and evaluate the data as necessary for the purpose of this Act.

Report to be tabled

10(4)       The minister shall lay a copy of each Provincial Sustainability Report prepared under this section before the Legislative Assembly

(a) within 15 days of the completion of the Report if the Legislative Assembly is in session; or

(b) if the Legislative Assembly is not in session, within 15 days after the beginning of the next session.

PART 6

PUBLIC SECTOR OPERATIONS

Provincial code shall be established

11(1)       Cabinet shall

(a) within three years after the coming into force of this Act, establish a provincial sustainable development code of practice to assist in the integration of sustainable development into the decisions, actions and operations of provincial public sector organizations; and

(b) require a review of the code of practice within five years after its establishment and at regular intervals of not more than five years after the initial review.

Consultation with departments

11(2)       The code of practice shall be developed in consultation with departments.

Financial management guidelines and reporting

12(1)       Cabinet shall

(a) within three years after the coming into force of this Act, establish financial management guidelines for evaluating the sustainability of activities and programs, and cause those guidelines to be integrated into provincial financial management manuals and procedures;

(b) require a review of the financial management guidelines within five years after their establishment and at regular intervals of not more than five years after the initial review; and

(c) require each department to integrate into its annual reporting process and requirements, information respecting its progress made in incorporating sustainable development into its activities.

Procurement guidelines

12(2)       Cabinet shall

(a) within two years after the coming into force of this Act

(i) establish sustainable development procurement guidelines, and cause those guidelines to be integrated into provincial procurement manuals and procedures, and

(ii) establish provincial sustainable development procurement goals, and require that organizational action plans be created to meet those goals; and

(b) require a review of the procurement guidelines, goals and action plans within five years after their establishment or creation and at regular intervals of not more than five years after the initial review.

Consultation with departments

12(3)       The financial management and procurement guidelines shall be developed in consultation with departments.

Crown corporations to adopt code of practice

13          Each Crown corporation shall, within two years after the establishment of the code of practice, prepare and adopt a corporate sustainable development code of practice.

Crown corporations to adopt guidelines

14          Each Crown corporation and provincial public sector organization, except a department, shall, within two years after the establishment of financial management and procurement guidelines under subsections 12(1) and (2),

(a) prepare and adopt financial management and procurement guidelines consistent with the intent of the guidelines established under those subsections;

(b) integrate those guidelines into its financial management and procurement manuals and procedures;

(c) establish procurement goals in support of the established provincial goals, and prepare an action plan to meet its established goals;

(d) require a review of the guidelines and goals within five years after their establishment and at regular intervals of not more than five years after the initial review; and

(e) integrate into its annual reporting process and requirements, information respecting progress made in implementing sustainable development practices in its activities and operations.

Guidelines for local authorities and others

15          The Lieutenant Governor in Council shall, within five years after the coming into force of this Act, and in consultation with local authorities, school divisions, universities, colleges, regional health authorities and, in any parts of the province where no regional health authorities exist, hospitals, adopt by regulation

(a) financial management guidelines for evaluating the sustainability of programs and activities; and

(b) procurement guidelines;

to be integrated into the financial management and procurement manuals and procedures of those local authorities, school divisions, universities, colleges, regional health authorities and hospitals.

Review may be required

16(1)       The minister may

(a) direct a provincial public sector organization to undertake an internal review and provide a report of its progress in implementing sustainable development practices in its activities;

(b) request the Auditor General or another independent body to undertake a review and provide a report of the progress of a provincial public sector organization in implementing sustainable development practices in its activities; or

(c) request the Crown Corporations Council or another independent body to undertake a review and provide a report of the progress of a Crown corporation in implementing sustainable development practices in its activities.

Terms of reference to be established

16(2)       The minister shall issue terms of reference for a review under subsection (1).

Report to be tabled

16(3)       The minister shall lay a copy of report received under subsection (1) before the Legislative Assembly

(a) within 15 days if the Legislative Assembly is in session; or

(b) if the Legislative Assembly is not in session, within 15 days after the beginning of the next session.

S.M. 2001, c. 39, s. 31.

PART 7

SUSTAINABLE DEVELOPMENT INNOVATIONS FUND

Sustainable Development Innovations Fund continued

17(1)       The Sustainable Development Innovations Fund is continued under this Act, consisting of amounts appropriated for the purposes of the Fund.

Purpose of Fund

17(2)       The purpose of the Fund is to

(a) provide grants in support of innovative projects, activities, research and developments that further the sustainability of Manitoba's economy, environment, human health and social well-being and support environmentally sustainable economic growth; and

(b) support any other sustainable development innovation purpose that the Lieutenant Governor in Council considers necessary or advisable.

Payments out of Fund

17(3)       Subject to any regulations that may be made by the Lieutenant Governor in Council, payments may be made out of the Fund for

(a) the amount of any grant made under subsection (4);

(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.

Grants

17(4)       Subject to any regulations that may be made by the Lieutenant Governor in Council, the minister may make grants consistent with the purpose of the fund on any terms and conditions that he or she considers appropriate.

Regulations re Fund

17(5)       The Lieutenant Governor in Council may make regulations

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

(b) respecting the Fund and any payments authorized by subsection (3) to be made from the Fund.

Annual report to be prepared and tabled

17(6)       The minister shall cause an annual report on the Fund to be prepared and shall lay a copy of the report before the Legislative Assembly

(a) within 15 days of the completion of the report if the Legislative Assembly is in session; or

(b) if the Legislative Assembly is not in session, within 15 days after the beginning of the next session.

PART 8

GENERAL PROVISIONS

Regulations

18          The Lieutenant Governor in Council may make regulations

(a) designating a board, commission, association or body as a provincial public sector organization within the meaning of section 1 and for the purpose of making this Act apply to it;

(b) respecting the adoption of a component strategy or a part of a strategy and of financial management or procurement guidelines;

(c) respecting the review procedures for the Sustainable Development Strategy, sustainability indicators, code of practice, and procurement guidelines;

(d) designating legislation to be reviewed for consistency with the Principles and Guidelines;

(e) defining any word or expression used but not defined in this Act;

(f) prescribing any matter or thing that is required or authorized by this Act to be prescribed by regulation;

(g) respecting any matter necessary or advisable to carry out the purpose of this Act effectively.

Regulations Act not applicable

19          The Regulations Act does not apply to an order of the Lieutenant Governor in Council establishing or revising the Sustainable Development Strategy, sustainability indicators, code of practice or financial management and procurement guidelines.

Crown bound

20          The Crown and agents of the Crown are bound by this Act.

21          

NOTE: This section contained consequential amendments to The Environment Act which are now included in that Act.

C.C.S.M. reference

22          This Act may be cited as The Sustainable Development Act and referred to as chapter S270 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

NOTE:  S.M. 1997, c. 61, except section 3, was proclaimed in force July 1, 1998.

Schedule A

Principles of Sustainable Development

Integration of Environmental and Economic Decisions

1(1)        Economic decisions should adequately reflect environmental, human health and social effects.

1(2)        Environmental and health initiatives should adequately take into account economic, human health and social consequences.

Stewardship

2(1)        The economy, the environment, human health and social well-being should be managed for the equal benefit of present and future generations.

2(2)        Manitobans are caretakers of the economy, the environment, human health and social well-being for the benefit of present and future generations.

2(3)        Today's decisions are to be balanced with tomorrow's effects.

Shared Responsibility and Understanding

3(1)        Manitobans should acknowledge responsibility for sustaining the economy, the environment, human health and social well-being, with each being accountable for decisions and actions in a spirit of partnership and open cooperation.

3(2)        Manitobans share a common economic, physical and social environment.

3(3)        Manitobans should understand and respect differing economic and social views, values, traditions and aspirations.

3(4)        Manitobans should consider the aspirations, needs and views of the people of the various geographical regions and ethnic groups in Manitoba, including aboriginal peoples, to facilitate equitable management of Manitoba's common resources.

Prevention

4           Manitobans should anticipate, and prevent or mitigate, significant adverse economic, environmental, human health and social effects of decisions and actions, having particular careful regard to decisions whose impacts are not entirely certain but which, on reasonable and well-informed grounds, appear to pose serious threats to the economy, the environment, human health and social well-being.

Conservation and Enhancement

5           Manitobans should

(a) maintain the ecological processes, biological diversity and life-support systems of the environment;

(b) harvest renewable resources on a sustainable yield basis;

(c) make wise and efficient use of renewable and non-renewable resources; and

(d) enhance the long-term productive capability, quality and capacity of natural ecosystems.

Rehabilitation and Reclamation

6           Manitobans should

(a) endeavour to repair damage to or degradation of the environment; and

(b) consider the need for rehabilitation and reclamation in future decisions and actions.

Global Responsibility

7           Manitobans should think globally when acting locally, recognizing that there is economic, ecological and social interdependence among provinces and nations, and working cooperatively, within Canada and internationally, to integrate economic, environmental, human health and social factors in decision-making while developing comprehensive and equitable solutions to problems.

Schedule B

Guidelines for Sustainable Development

1           Efficient Use of Resources - which means

(a) encouraging and facilitating development and application of systems for proper resource pricing, demand management and resource allocation together with incentives to encourage efficient use of resources; and

(b) employing full-cost accounting to provide better information for decision makers.

2           Public Participation - which means

(a) establishing forums which encourage and provide opportunity for consultation and meaningful participation in decision making processes by Manitobans;

(b) endeavouring to provide due process, prior notification and appropriate and timely redress for those adversely affected by decisions and actions; and

(c) striving to achieve consensus amongst citizens with regard to decisions affecting them.

3           Access to Information - which means

(a) encouraging and facilitating the improvement and refinement of economic, environmental, human health and social information; and

(b) promoting the opportunity for equal and timely access to information by all Manitobans.

4           Integrated Decision Making and Planning - which means encouraging and facilitating decision making and planning processes that are efficient, timely, accountable and cross-sectoral and which incorporate an inter-generational perspective of future needs and consequences.

5           Waste Minimization and Substitution - which means

(a) encouraging and promoting the development and use of substitutes for scarce resources where such substitutes are both environmentally sound and economically viable; and

(b) reducing, reusing, recycling and recovering the products of society.

6           Research and Innovation - which means encouraging and assisting the researching, development, application and sharing of knowledge and technologies which further our economic, environmental, human health and social well-being.

 

 
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