water protection act manitoba

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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. (iii) coordinate water storage and drainage practices, (iv) cooperate in the design and development of flood and drought mitigation infrastructure, and. Upon receiving an objection under subsection (2), the director must, (a) notify the minister that an objection has been received; and. The minister may, in addition, require the council to undertake such a review at any other time. Fund to be held in separate trust account. or imprisonment for a term of not more than one year, or both. (b) at or near access points to water bodies; and. 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. 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. (« plan d'eau »), "water planning authority" means a water planning authority designated for a watershed under section 14. 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. (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. The minister may designate a person as the director of aquatic invasive species. (« eaux souterraines »), "inspector" means an inspector designated under section 30.1. (b) a regulation made or an order issued under subsection (2). (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. 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. 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; Designation of watersheds and authorities, The Lieutenant Governor in Council may by regulation. "30-day rolling average" means the arithmetic average of any daily reported data plus the preceding 29 consecutive days of reported data. (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. (a) respecting carriers, including regulating or prohibiting. (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. (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. B, s. 2. (a) respecting carriers, including regulating or prohibiting. (iii) coordinate water storage and drainage practices, (iv) cooperate in the design and development of flood and drought mitigation infrastructure, and. TRANSBOUNDARY RIVER BASIN WATER MANAGEMENT. Expert advice re scientific or technical issues. (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. 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. NOTE: These sections contained related amendments to other Acts that are now included in those Acts. (c) set out the deadline to complete any actions required under clause (2)(c), (d) or (e). A reference to "this Act" includes the regulations made under this Act. A water planning authority must submit its watershed management plan to the minister for approval. (« zone riveraine »), "river basin" means the total area drained by a river and all of its tributaries. 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. 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. (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. In 2019, the Navigation Protection Act (NPA) was amended and renamed the Canadian Navigable Waters Act (CNWA) to better reflect its purpose.. (a) a member of the species whether it is alive or dead; (b) a member of the species at any stage of development; and. 2012, c. 27, s. 91; S.M. (« permis »), "species" means a species or subspecies of animal, plant or other organism and includes bacteria and viruses. S.M. 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). (« bassin fluvial »), "transboundary river basin" means a river basin that includes Manitoba and another Canadian province or territory or any state of the United States. 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. 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. The minister may designate any persons, or the members of any class of persons, as inspectors for the purposes of Part 3.1. An application for certification must be made on a form approved by the AIS director and be accompanied by any prescribed application fee. Transboundary water management principles, Coordinated transboundary river basin water management recognizes that, (a) water management decisions and policies affecting water quality in one part of a transboundary river basin have an impact on other jurisdictions in the basin; and, (b) water quality will improve and flooding and drought impacts will be reduced throughout a transboundary river basin if all jurisdictions in the basin. of dishwashing detergent and other products. The use of chemical methods to remove nutrients must be minimized. ; and. (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. Manitoba Water Stewardship. 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) 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. Water Protection Act - Introduction of Bill 22 On March 4, 2004, Honourable Steve Ashton introduced Bill 22 The Water Protection Act to the Manitoba Legislature where the Bill had First Reading. No employer shall take adverse employment action against an employee because that person provided information in good faith under this section. (h) any other matter that the minister considers relevant. (« bateau »). The Public Utilities Board must report its findings to the minister and the City of Winnipeg within the time specified by the minister. 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. The requirements referred to in subsection (1) are as follows: 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: (c) any other substance must not exceed the limits specified by regulation for that substance. (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. (c) provide any additional information or documents requested by the AIS director. The minister must, not later than five years after the date on which a regulation under section 5 comes into force, require the expert advisory 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) 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. (c) use any copying equipment at the place to make copies of any record or document. 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. Regulation under The Manitoba Water Protection Act : consultation document for initial review : respecting water quality management zones for nutrients. c. W65) , or any future amendment thereof. 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. 2012, c. 27, s. 91; S.M. 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. ; and. (iii) the extent to which the water is pristine or relatively undisturbed by human activity; (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. 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. (« poste de contrôle »), "control zone" means an area designated as an aquatic invasive species control zone under section 29.13. 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. (« directeur »), "expert advisory council" means the expert advisory council established under The Climate and Green Plan Act, and includes a subcommittee of the council. (c) the proximity of the area to a national park, provincial park, ecological reserve or other protected area. When a member of an aquatic invasive species has been found in Manitoba, an inspector or officer may issue a written order to, (b) the person who owns or occupies, or who is in charge of, the land, building or place where the member was found; or. 2018, c. 6, s. 86. 2013, c. 39, Sch. The expert advisory council has, subject to the direction of the minister, the following responsibilities: (a) to monitor the development and implementation of approved watershed management plans and approved aquifer 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. On the recommendation of the minister, the Lieutenant Governor in Council may make regulations. (« véhicule automobile »), "permit" means a permit issued under section 29.15. Eradicating invasive species and carriers, For the purposes set out in subsection (2), an inspector, officer or a person acting under his or her direction may. 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. Sections 15 to 21 apply to the review of a plan, and its approval, with the necessary changes. (e) any other money received by the fund. (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. S.M. The AIS director must give notice of his or her decision on the appeal to the appellant within seven days after making the decision. 2015, c. 7, s. 3; S.M. 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. 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. (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; (b.1) a product containing a prescribed ingredient or compound; (c) a prescribed personal care product; or. Canadian water quality guidelines for the protection of squatic life: glyphosate (2012, PDF 170 kB) Canadian water quality guidelines for the protection of aquatic life: manganese (dissolved) (2019, PDF 509 kB) Canadian water quality guidelines for the protection of … The purpose of this Act is to provide for the protection and stewardship of Manitoba's water resources and aquatic ecosystems, recognizing. (b) if a sign or marker posted or erected under clause (1)(b) or subsection (2) prohibits entry. (b) in the exercise or intended exercise of a power under this Act; unless the person was acting in bad faith. (d) transport a member of an aquatic invasive species in Manitoba. (i) entry has been refused or there are reasonable grounds to believe that entry will be refused, (ii) the occupant is temporarily absent, or. (« vecteur »), "control order" means an order issued under section 29.10. 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. (a) contain maps to assist in its interpretation; and. (« usine de traitement »), City of Winnipeg to replace or modify North End Water Pollution Control Centre. Supporting regulations that set out water system approval requirements, treatment and water quality standards, and monitoring and reporting requirements came into … (b) all living organisms and their habitat; and their interacting natural systems. 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. (b) specify a date by which the plan must be reviewed. (a) a serious water shortage is declared under subsection (1); or. 2012, c. 27, s. 91; S.M. Subject to the regulations, payments may be made out of the fund for. (« 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. The Drinking Water Safety Act addresses the construction, operation and monitoring of drinking water systems in Manitoba. Transitional orders re existing operations, 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. 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. 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. CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE. (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. A person must not hold himself or herself out as a certified service provider unless he or she holds a valid certification. (« produit de nettoyage »), "department" means the department of government over which the minister presides. We achieve our goals by … Standards, etc. Our commitment to water quality has included raising the water and sewage-treatment standards for facilities in the cities of Winnipeg, Brandon and Portage la Prairie. (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. (« 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. (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. (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. In making the referral, the minister may set terms of reference and give directions. (b) for each subsequent offence, to a fine of not more than $1,000,000. The AIS director may impose any terms or conditions on the permit that he or she considers appropriate, including conditions that. (i) the entry of prescribed carriers into Manitoba, (ii) the movement of prescribed carriers in Manitoba, and. (b) on or before any review date specified in the plan. (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. (b) exempting the applicant from the application of all or part of the regulation for that period, or any part of it. 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. Supporting transboundary water management groups. 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