Bill 22 — The Water Protection Act (38th Legislature, 2nd Session)

Bill 22 (38-2)

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Home → Legislative Business → Bills → 38-2

Status of bills in this Session.

Second Session, Thirty-Eighth 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 .

Bill 22

THE WATER PROTECTION ACT

Table of Contents

Explanatory Note

(Assented to )

WHEREAS an abundant supply of high quality water is essential to sustain all ecological processes, life-support systems and food production, and is paramount to the environmental, economic and social well-being of Manitoba now and in the future;

AND

WHEREAS access to sufficient, safe, acceptable, and affordable water for personal and domestic uses is internationally recognized as a fundamental right of citizens;

AND

WHEREAS the Government of Manitoba recognizes the importance of the Canada-United States Boundary Waters Treaty and other inter-jurisdictional agreements protecting water, and the shared right and responsibility of all jurisdictions in the Hudson Bay drainage basin to protect water resources within the basin;

AND

WHEREAS to most effectively ensure that drinking water is kept clean, safe and reliable, it is necessary to complement the provisions of The Drinking Water Safety Act with additional measures to protect drinking water sources;

AND

WHEREAS the Government of Manitoba is committed to watershed planning as an effective means to address risks to water resources and aquatic ecosystems, and believes that residents of watersheds should be consulted when watershed plans are developed;

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)

The following

definitions apply in this Act.

"approved watershed management plan " means a watershed management plan approved under

Part 3. (« plan de gestion d'un bassin hydrographique approuvé »)

"aquatic ecosystem" means the components of the earth related to, living in or located in or on water or the beds or shores of a water body, including but not limited to

(

a) all organic and inorganic matter, and

(

b) all living organisms and their habitat,

and their interacting natural systems. (« écosystème aquatique »)

"conservation district" means a district as defined in The Conservation Districts Act . (« district de conservation »)

"development plan" means a development plan as defined in The Planning Act. (« plan directeur »)

"groundwater" means all water under the surface of the ground, whether in solid or liquid form. (« eaux souterraines »)

"invasive species" means an organism designated in the regulations as an invasive species. (« espèce envahissante »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipality" includes a community as defined in The Northern Affairs Act . (« municipalité »)

"nutrient" means an element with nutritive value, including nitrogen and phosphorus, that if applied to land excessively as a result of human activity interferes, or may interfere, with the normal functioning of an aquatic ecosystem. (« nutriant »)

"person" includes a municipality, partnership, limited partnership, limited liability partnership, syndicate, trustee and joint venture, and an association of persons. (« personne »)

"planning district" means a planning district as defined in The Planning Act . (« district d'aménagement »)

"prescribed" means prescribed by regulation.

"riparian area" means an area of land on the banks or in the vicinity of a water body, which due to the presence of water supports, or in the absence of human intervention would naturally support, an ecosystem that is distinctly different from that of adjacent upland areas. (« zone riveraine »)

"water" means all surface water and groundwater, whether in solid or liquid form. (« eaux »)

"water body" means any body of flowing or standing water, whether naturally or artificially created, and whether the flow or presence of water is continuous, intermittent or occurs only during a flood, including but not limited to a lake, river, creek, stream, slough, marsh, swamp and wetland, including ice on any of them. (« plan d'eau »)

"water council" means the Manitoba Water Council established in

section 19. (« Conseil des eaux »)

"water planning authority" means a water planning authority designated for a watershed under

section 9. (« organisme de planification des eaux »)

"watershed" means an area designated as a watershed under

section 9. (« bassin hydrographique »)

Reference to "Act" includes regulations

1(2)

A reference to "this Act" includes the regulations made under this Act.

Purpose of the Act

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;

(

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; and

(

e) the need to protect riparian areas.

PART 2

WATER PROTECTION

WATER QUALITY STANDARDS, OBJECTIVES AND GUIDELINES

Water quality standards, objectives and guidelines

3(1)

The Lieutenant Governor in Council may make regulations setting or adopting water quality standards, objectives or guidelines.

Standards, etc. for use in approvals under other Acts

3(2)

A regulation under subsection (1) may provide that a person issuing an approval or making a decision under The Environment Act or any other specified Act or regulation must

(

a) consider the standard, objective or guideline; or

(

b) in circumstances specified in the regulation, refuse to issue an approval or make a decision unless its effect will ensure compliance or consistency with the standard, objective or guideline.

WATER QUALITY MANAGEMENT ZONES

Water quality management zones

4(1)

On the recommendation of the minister, the Lieutenant Governor in Council may make regulations

(

a) designating any area of the province as a water quality management zone for the purpose of protecting water, aquatic ecosystems or drinking water sources;

(

b) governing, regulating or prohibiting any use, activity or thing in a water quality management zone or any part of a zone.

Considerations in recommending regulations re zone

4(2)

Before recommending that a regulation be made under subsection (1), the minister may consider scientific and other information relating to

(

a) the physical characteristics of land in the area, including its topography and soil types;

(

b) the ability of the soil or water in the area, or water downstream of the area, to assimilate nutrients and other pollutants;

(

c) water bodies or groundwater in the area, including information relating to

(

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

(iii) the extent to which the water is pristine or relatively undisturbed by human activity;

(

d) the area's aquatic ecosystems;

(

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

(

h) any other matter that the minister considers relevant.

Additional considerations

4(3)

Before recommending that a regulation be made under subsection (1), the minister must also consider

(

a) water quality standards, objectives and guidelines that apply to the area;

(

b) approved watershed management plans that apply to the area; and

(

c) the proximity of the area to a national park, provincial park, ecological reserve or other protected area.

Maps of zones

4(4)

A regulation made under subsection (1) may contain a map showing

(

a) the boundaries of a zone; and

(

b) areas within a zone where a use, activity or thing is governed, regulated or prohibited.

INVASIVE SPECIES

Invasive species

The Lieutenant Governor in Council may make regulations governing, regulating or prohibiting the importation, possession, transfer or release of invasive species.

WATER CONSERVATION

Regulations re water conservation

The Lieutenant Governor in Council may make regulations

(

a) establishing water conservation programs;

(

b) generally respecting the reduction of water usage in Manitoba.

SERIOUS WATER SHORTAGE

Declaration of serious water shortage

7(1)

If the minister considers that extraordinary measures are necessary to ensure a reasonable water supply, the minister may declare a serious water shortage in respect of all or part of Manitoba.

Actions by minister during serious water shortage

7(2)

If a serious water shortage is declared, the minister may take any action, make any regulation or issue any order that in his or her opinion is necessary to prevent, minimize or alleviate the water shortage.

Communication of serious water shortage

7(3)

Immediately after

(

a) a serious water shortage is declared under subsection (1); or

(

b) a regulation is made or an order is issued under subsection (2);

the minister must ensure that the details of the declaration, regulation or order are communicated by the most appropriate means to persons affected by it.

Declaration that shortage has ended

7(4)

The minister may declare that a serious water shortage has ended.

Regulations Act does not apply

7(5)

The Regulations Act does not apply to

(

a) a declaration of a serious water shortage made under subsection (1) or a declaration that a serious water shortage has ended made under subsection (4); or

(

b) a regulation made or an order issued under subsection (2).

Order prevails over The Water Rights Act

7(6)

Unless otherwise stated in the regulation or order, a regulation or order under this

section prevails over a permit or licence issued under The Water Rights Act .

No injunction

7(7)

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.

Action by minister if order not complied with

8(1)

If a person fails to comply with an order issued by the minister, the minister may

(

a) cause anything to be done that is required by the order; and

(

b) take any other measures that the minister considers necessary to prevent, minimize or alleviate the water shortage.

Order to pay costs

8(2)

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.

Enforcing cost-re

Document details

Collection	Manitoba — Bills
Citation	Bill 22 (38-2)
Type	bill
Volume / chapter	38 2 b022e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	fc5f33b47d1ac816f35e547104fbae00b2ea4aea

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