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S.M. 2018, c. 6
Bill 7, 3 rd Session, 41st Legislature
The Sustainable Watersheds Act (Various Acts Amended)
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Explanatory Note This note is a reader's aid and is not part of the law. This Act amends four Acts. The amendments primarily deal with improving water management in Manitoba. Conservation Districts Act (Part 1) Conservation districts are renamed watershed districts. A board of a district may now do work outside its boundaries if the work benefits the district. For that purpose, a board may enter into agreements with others, including First Nations. When assessing the benefits, a board must consider the relevant watershed management plan prepared under The Water Protection Act. Other amendments deal with district board operations, including ministerial budget approval, subcommittee composition and municipal withdrawal from a district. Manitoba Habitat Heritage Act (Part 2) The Manitoba Habitat Heritage Corporation's role in conserving and enhancing wetlands is recognized. The corporation is authorized to carry out wetland restoration and enhancement projects required under The Water Rights Act. The corporation may establish different funds to support its activities. Water Protection Act (Part 3) Nutrient targets at specified locations may be set by regulation. The government must monitor nutrient levels at the specified locations and publicly report the results to measure progress in meeting the nutrient targets. The government is required to work with governments in other jurisdictions to develop coordinated water management for river basins that extend outside Manitoba. Water Rights Act (Part 4) A streamlined registration process is created for the establishment or operation of low impact drainage and water retention projects. For projects greater in scope, a licence must not be issued if significant or sensitive wetlands will be lost or altered unless specified steps to restore or enhance wetlands are taken to ensure no net loss of wetland benefits. Enforcement measures are enhanced and fines are increased. |
(Assented to June 4, 2018)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE CONSERVATION DISTRICTS ACT
The Conservation Districts Act is amended by this Part.
The title is replaced with "THE WATERSHED DISTRICTS ACT".
The centred heading "INTRODUCTORY PROVISIONS" is added before section 1.
Section 1 is amended
(a) by repealing the definitions "commission", "committee", "co-ordinator", "department", "district", "municipality", "proposal", "protected area", "public representative", "schedule" and "sub-district";
(b) by replacing the definitions "board" and "works" with the following:
"board" means the board of a watershed district; (« conseil »)
"works" means any structure or physical undertaking developed for the purpose of protecting, preserving, conserving, managing, controlling or using the resources available to a watershed district. (« ouvrage »)
(c) in the definitions "included area" and "included municipality",
(i) by striking out "district" wherever it occurs and substituting "watershed district", and
(ii) by striking out "sub-district" wherever it occurs and substituting "subdistrict";
(d) in the definition "resource", by striking out everything after "available to" and substituting "a watershed district";
(e) in the definition "scheme", by striking out "district" and substituting "watershed district"; and
(f) by adding the following definitions:
"subcommittee" means the subcommittee for a subdistrict; (« sous-comité »)
"subdistrict" means a subdistrict of a watershed district, as the subdistrict is prescribed by regulation; (« sous-district »)
"watershed district" means a watershed district established or continued under this Act; (« district hydrographique »)
Clause 2(a) is replaced with the following:
(a) to provide for the protection, preservation, conservation, management, control and prudent use of resources through
(i) the establishment of watershed districts, and
(ii) the development and implementation of schemes by the watershed districts; and
The following is added after section 2:
In administering this Act, regard must be had for the principle that a comprehensive, integrated and coordinated approach to managing watersheds as a whole promotes the health and sustainability of resources within a watershed district's boundaries.
Sections 7 to 11 are replaced with the following:
ESTABLISHING WATERSHED DISTRICTS
Proposal for forming a watershed district
A proposal to form a watershed district may be initiated by
(a) the council of a municipality, by resolution of the council forwarded to the minister; or
(b) the minister.
In preparing a proposal, the proponent must have regard for the natural boundaries of the watersheds in the area proposed to be included in the watershed district.
Consultations with included municipalities
The minister must prepare a report concerning the proposal and give a copy of it to each included municipality.
Approving or disapproving proposal
The council of an included municipality must,
(a) within 60 days of receiving the report, determine if it supports its included area forming part of the proposed watershed district; and
(b) give a copy of its determination to the minister, as soon as reasonably practicable after it is made.
Submission of proposal to LG in C
The minister may recommend to the Lieutenant Governor in Council that a watershed district be formed if each included municipality supports the district being established.
The Lieutenant Governor in Council may, on recommendation of the minister made under subsection 7(5), make regulations forming a watershed district.
A regulation forming a watershed district must
(a) name the watershed district, which name must be "The [insert name] Watershed District";
(b) describe its boundaries;
(c) if the watershed district consists of two or more included municipalities, divide the district into subdistricts and specify
(i) the name and the boundaries of each subdistrict, and
(ii) the number or the method of determining the number of ratepayers to be appointed by the included municipalities to each subcommittee, the manner in which they may be appointed and any eligibility criteria and qualifications to be met by ratepayers;
(d) specify the effective date of the formation of the watershed district and any subdistricts;
(e) provide for the manner in which the first meeting of the board and the subcommittees, if any, are to be called;
(f) provide for the election or appointment of the first chair of the board, and in the case of an appointment, specify
(i) the person or officeholder to be appointed, who need not be a member of the board, and
(ii) the term of the appointment, which must not exceed two years;
(g) specify, in respect of the works of an included municipality, the works for which the watershed district is to assume responsibility for constructing, operating and maintaining;
(h) specify the amount a board may borrow, including specifying an amount above which the board may borrow but only if it first obtains the approval of each of its included municipalities.
Amounts to be raised by particular municipality
For a watershed district that consists of two or more included municipalities, the Lieutenant Governor in Council may make regulations requiring a particular included municipality to raise the percentage of the total amount that the district requires for its operations that is prescribed in the regulation.
A municipality ceases to have any right, jurisdiction, authority or control over works prescribed under clause (2)(g).
A watershed district is a corporation without share capital, consisting of the members of its board.
BOARDS AND SUBCOMMITTEES
The board of a watershed district is responsible for managing the affairs of the watershed district in accordance with this Act, and for that purpose may
(a) study and investigate, or cause to be studied and investigated, such resources of the watershed district as may be necessary to prepare a scheme;
(b) develop and, subject to section 21, implement a scheme;
(c) transfer its jurisdiction, authority or control over any of its works to an included municipality or other person so that the municipality or person maintains or operates the works; and
(d) require the municipality to provide to the board information pertinent to a scheme.
A board is to consist of the following:
(a) for a watershed district consisting of one included municipality,
(i) four members appointed by the council of the included municipality, no more than two of whom may be members of the council,
(ii) up to two other members appointed by the board, and
(iii) one member appointed by the minister;
(b) for a watershed district consisting of two or more included municipalities that is divided into subdistricts,
(i) the chair of the subcommittee for each subdistrict,
(ii) if a chair of a subcommittee is elected chair of the board, an additional member of the subcommittee, appointed by that subcommittee,
(iii) up to two members appointed by the board,
(iv) one member appointed by the minister, and
(v) if a board has fewer than five members, or if there is a vacancy under subclauses (i) to (iii) that remains unfilled for more than 60 days, any additional number of members required to reach five members, appointed by the minister.
A person appointed to a board holds office for the term prescribed by regulation and continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.
Subject to the regulations, a board must annually elect one of its members to act as chair of the board.
A subcommittee is to
(a) study the conservation requirements of the subdistrict and make recommendations to the board;
(b) promote and encourage the purposes of this Act; and
(c) act as a liaison between the councils of the included municipalities and the board.
A subcommittee must annually elect one of its members as chair of the subcommittee.
A board may make by-laws
(a) establishing the number of members of the board to be appointed by the board, the procedure for appointing or removing them, and their terms of office;
(b) respecting the calling and conduct of meetings of the board and its subcommittees;
(c) respecting how documents are to be executed on behalf of the watershed district;
(d) respecting any other matter the board considers necessary or advisable for administering the watershed district or carrying out its responsibilities.
By-laws for standing committees
A board may, by by-law, establish one or more standing committees as it considers necessary.
Subject to the regulations, a by-law establishing a standing committee must provide for the standing committee's composition, functions and operation and may provide that persons who are not members of the board or a subcommittee may serve on a standing committee.
A board must act in accordance with this Act and the regulations made under this Act in implementing its scheme and in exercising its other powers and responsibilities under this Act.
Section 12 is amended by striking out "district" and substituting "watershed district".
The following is added after section 13:
CHANGES TO WATERSHED DISTRICTS
Consolidation of watershed districts
The minister may recommend to the Lieutenant Governor in Council that two or more watershed districts be consolidated on receiving resolutions to that effect from the council of each included municipality.
The council of an included municipality may request by resolution filed with the minister that
(a) the watershed district be dissolved if the municipality is the only included municipality; or
(b) the boundaries of the watershed district be amended so that the municipality ceases to be an included municipality, if the district consists of two or more included municipalities.
On receiving a council resolution under subsection (1), the minister must recommend to the Lieutenant Governor in Council that a watershed district be dissolved or that its boundaries be amended as requested.
Consolidating, dissolving or amending watershed districts
The Lieutenant Governor in Council may, on recommendation of the minister made under section 13.1 or 13.2, make regulations
(a) consolidating two or more watershed districts or dissolving or amending the boundaries of a watershed district;
(b) respecting any other matter that is necessary to give effect to the consolidation, dissolution or amendment.
When dissolution becomes effective
A regulation dissolving a watershed district may be made effective only on January 1 of the year following the year in which the request was received by the minister, but it may be made retroactive to that date.
When amendment withdrawing municipality becomes effective
A regulation amending the boundaries of a watershed district so that a municipality is no longer included in a watershed district may only be made effective on January 1 of the second year following the year in which the request was received by the minister.
Section 15 is renumbered as section 21.2 and is amended by striking out "section 14" and substituting "section 21.1".
Sections 16 to 19 are repealed.
The centred heading "OPERATIONS" is added before section 20.
Section 20 is amended
(a) in the English version, by striking out "Legislature" and substituting "Legislature,"; and
(b) by striking out everything after "respecting" and substituting "the protection, preservation, conservation, management, control or prudent use of resources within a watershed district.".
Section 21 is replaced with the following:
Before implementing a scheme, the board must obtain the written approval of the scheme from the minister.
In implementing its scheme, a board may
(a) carry out or support works inside or outside the boundaries of its watershed district, if, in the board's opinion, the works will benefit the district by protecting, preserving, conserving, managing, controlling or prudently using the resources of the district; and
(b) enter into one or more agreements with the government, a government agency, a municipality, a community under The Northern Affairs Act, a band as defined in the Indian Act (Canada), or any person for the purposes of carrying out or supporting works under clause (a).
For certainty, under clause (2)(b), a board may
(a) agree to undertake ecological goods and services projects and programs on behalf of or in partnership with others, subject to any terms and conditions that may be prescribed by regulation; and
(b) delegate the administration of such an agreement to a standing committee of the board.
In determining whether works will benefit its watershed district, a board must have regard for the applicable watershed management plan approved under The Water Protection Act.
The following is added after section 21:
A scheme must not be inconsistent with The Land Rehabilitation Act, The Planning Act, The Water Protection Act and The Water Rights Act, and a board must act in compliance with those Acts when implementing its scheme.
Clauses 22(a) and (b) are amended by striking out "district" and substituting "watershed district".
Section 24 is replaced with the following:
LG in C orders regarding works
The Lieutenant Governor in Council may, by order,
(a) authorize a board to abandon in part or in whole any works or operations of a watershed district; or
(b) authorize or require a board to construct, maintain or operate any additional works within a watershed district.
The following is added after the centred heading "FINANCIAL" and before section 25:
Subject to sections 25 and 26, a board must prepare an annual budget with respect to its operations.
The board must submit its annual budget to the minister for approval in the form and at the time specified by the minister.
The minister may approve the annual budget submitted under subsection (2) or may, after consultation with the board, amend it, and the board must then adopt the annual budget as approved or amended by the minister.
Limit on financial commitments
Except with the written approval of the minister, a board must not make any expenditure commitments that are not within the financial limits set by its annual budget.
Control of administrative costs
The Lieutenant Governor in Council may, by regulation,
(a) define administrative costs for the purpose of this section;
(b) establish reporting requirements for administrative costs budgeted or incurred by a watershed district;
(c) set limits on the annual administrative costs that may be incurred by a watershed district.
Section 25 is replaced with the following:
Determination of amounts to be raised
Before February 28 of each year, a board must
(a) determine the total amount that it requires in the next fiscal year for the operations of the watershed district and any subdistricts and for any repayments due on its borrowings;
(b) for that total, determine the portion to be raised by each included municipality, which must be determined in accordance with the formula in subsection (2); and
(c) subject to the regulations, forward a statement to each included municipality that specifies the portioned amount that the municipality is to raise.
Apportioning between municipalities
The amount to be raised by an included municipality is to be determined in accordance with the following formula:
Amount = A × B
In this formula,
A
is the total amount required;
B
is
(a) the prescribed percentage, if a percentage has been prescribed for the included municipality under subsection 8(3), or
(b) the amount determined in accordance with the following formula, in any other case:
C/D
In this formula,
C
is the value of the part of the total municipal assessment of rateable land in the applicable included area;
D
is the value of the part of the total municipal assessment of rateable land in the watershed district.
Section 26 is amended
(a) in subsection (1), by replacing everything before clause (a) with the following:
On receiving the statement referred to in clause 25(1)(c), the included municipality must raise the amount specified by levying and collecting a
(b) in subsection (2),
(i) by striking out "programs and", and
(ii) by adding "watershed" before "district".
Section 26 is further amended by replacing subsection (3) with the following:
Appeal of Municipal Board's determination of cost to municipality
Twenty percent of the ratepayers of an included municipality may appeal the determination made under clause 25(1)(b) to the Municipal Board and the Municipal Board must either confirm the determination or make a new one, and its decision is final and not subject to further appeal.
The following is added after section 26:
At the times and in the manner set out in the regulations, an included municipality must remit to the board the amount specified in the statement it receives from the board.
A board may charge interest at the rate prescribed by regulation on overdue remittances.
Section 28 is replaced with the following:
Subject to the regulations, a board may borrow money for purposes of its operations or for repaying, redeeming or refunding the whole or part of the money borrowed by it and secured by debentures.
The centred heading before section 34 is replaced with "APPEAL".
Section 34 is amended
(a) in subsection (1), by striking out "a district" and substituting "a watershed district";
(b) by striking out "commission" wherever it occurs and substituting "Municipal Board"; and
(c) by replacing subsection (4) with the following:
The decision of the Municipal Board on an appeal is final and binding and is not subject to further appeal.
Sections 35, 37 and 38 are repealed.
The centred heading "OTHER MATTERS" is added before section 39.
Section 41 is replaced with the following:
No action or proceeding may be brought against a member of a board, a subcommittee or a standing committee or an employee of a watershed district or other person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
Subsection 42(3) is amended by striking out "$500." and substituting "the amount prescribed by regulation".
Section 44 is amended by striking out ", disobeys, or refuses, fails, omits or neglects to comply with, any provision of this Act, or fails to observe or carry out, or acts in breach of, an agreement made under section 21," and substituting "a provision of this Act".
Section 45 is replaced with the following:
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) prescribing the term of office for members of a board and a subcommittee;
(b) respecting the election of chairs of boards and subcommittees, including the term of office of a person elected as a chair;
(c) respecting the duties of a secretary, treasurer and secretary-treasurer of a board;
(d) prescribing the procedures for meetings of a board and a subcommittee;
(e) governing the establishment and operation of standing committees;
(f) prescribing the procedures for a board to follow in developing and obtaining approval of its scheme and budgets;
(g) respecting records, including the form and content of records and the manner in which they must be maintained by a board;
(h) respecting agreements entered into by boards, including the manner in which agreements must be executed;
(i) respecting a board agreeing to undertake ecological goods and services projects and programs on behalf of or in partnership with others, including prescribing terms and conditions on a board becoming engaged in those activities, which the board must comply with;
(j) prescribing the times at which and the manner in which amounts to be remitted to a board by a municipality must be remitted and the interest payable on a failure to remit;
(k) governing notices of appeal and the procedures to be followed in an appeal under section 34;
(l) prescribing an amount for the purpose of subsection 42(3);
(m) prescribing the form of and procedure for issuing of debentures;
(n) respecting procedures for the transfer of responsibilities between a board and a municipality;
(o) respecting the form and content of annual reports;
(p) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
Land that is designated for any purpose by a regulation under this Act is sufficiently described if its boundaries are shown or its area is indicated on a map incorporated or adopted by reference in the regulation.
Regulations may establish classes
A regulation under this Act may be general or particular in its application and may apply to one or more classes and to the whole or any part of the province.
Regulations restructuring watershed districts
With the agreement of the included municipalities, the Lieutenant Governor in Council may make regulations transferring parts of the territory of a watershed district to one or more other watershed districts.
Extent of regulation-making powers
For a watershed district affected by the restructuring, a regulation made under subsection (1) may deal with the matters described in subsection 7(2) and the rights, obligations, liabilities, employees, assets and any other thing that the Lieutenant Governor in Council considers appropriate to be dealt with in the regulation.
Section 46 is renumbered as section 44.1.
The following is added at the end of the Act:
C.C.S.M. REFERENCE
This Act may be referred to as chapter W95 of the Continuing Consolidation of the Statutes of Manitoba.
TRANSITIONAL
Transitional — dissolution of commission
On the coming into force of this section,
(a) the commission is dissolved;
(b) the appointments of the members of the commission are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;
(c) the rights and property of the commission are vested in the government; and
(d) all liabilities and obligations of the commission are assumed by the government.
A reference to The Conservation Districts Commission in an enactment, by-law, contract, agreement, instrument, licence or other document or record is deemed to be a reference to the minister.
In this section, "commission" means The Conservation Districts Commission continued under The Conservation Districts Act, as that Act read immediately before the coming into force of this Act.
Transitional — continuation of district under new name
On the coming into force of this section, a district established by Order in Council under The Conservation Districts Act, as that Act read immediately before the coming into force of this section, is continued as a watershed district under The Watershed Districts Act, and the name of each district is renamed substantially in the words "The [insert name] Watershed District".
A watershed district that is continued under subsection (1) remains subject to the terms and conditions set out in the Order in Council establishing it, until those terms and conditions are amended, replaced or revoked by a regulation made under this Act.
A reference to a district in an enactment, by-law, contract, agreement, instrument, licence, or other document or record is deemed to be a reference to the watershed district as renamed under subsection (1).
CONSEQUENTIAL AMENDMENTS
Clause (e) of the definition "local authority" in section 1 of The Archives and Recordkeeping Act is replaced with the following:
(e) a watershed district established or continued under The Watershed Districts Act, or
Clause 6(3)(i) of The Civil Service Superannuation Act is amended by striking out "The Conservation Districts Act" and substituting "The Watershed Districts Act".
The Conservation Agreements Act is amended by this section.
Clause 5(h) is replaced with the following:
(h) a watershed district established or continued under The Watershed Districts Act.
Clause 7(3)(d) is replaced with the following:
(d) the board of a watershed district if the land is in a watershed district.
Clause (f) of the definition "local government body" in subsection 1(1) of The Freedom of Information and Protection of Privacy Act is replaced with the following:
(f) a watershed district established or continued under The Watershed Districts Act,
The Groundwater and Water Well Act is amended by this section.
Section 1 is amended
(a) by repealing the definition "conservation district"; and
(b) by adding the following definition:
"watershed district" means a watershed district established or continued under The Watershed Districts Act. (« district hydrographique »)
Subclause 70(a)(i) and clause 73(1)(a) are amended by striking out "conservation district" and substituting "watershed district".
Clause (c) of the definition "local authority" in subsection 1(1) of The Municipal Act is replaced with the following:
(c) a watershed district established or continued under The Watershed Districts Act,
Subclause 22(1)(a)(ii) of The Municipal Assessment Act is replaced with the following:
(ii) the board of a watershed district established or continued under The Watershed Districts Act,
Clause (c) of the definition "local authority" in section 1 of The Northern Affairs Act is replaced with the following:
(c) a watershed district established or continued under The Watershed Districts Act;
Section 191 of The Planning Act is amended by striking out "The Conservation Districts Act" and substituting "The Watershed Districts Act".
The Water Protection Act is amended by this section.
Subsection 1(1) is amended
(a) by repealing the definition "conservation district"; and
(b) by adding the following definition:
"watershed district" means a watershed district established or continued under The Watershed Districts Act. (« district hydrographique »)
Subclause 14(b)(i) and clause 17(1)(a) are amended by striking out "conservation district" and substituting "watershed district".
THE MANITOBA HABITAT HERITAGE ACT
The Manitoba Habitat Heritage Act is amended by this Part.
Section 1 is amended
(a) by repealing the definition "fund"; and
(b) by replacing the definition "habitat" with the following:
"habitat" means an environment where fish or wildlife live, and includes wetlands; (« habitat »)
Section 3 is replaced with the following:
The objects of the corporation are to conserve, restore and enhance fish and wildlife habitat and the fish and wildlife populations that reside there.
Clause 5(c) and subsection 6(2) are amended by striking out "from the fund".
The following is added after section 6:
Restoration and enhancement projects
The corporation may carry out wetlands restoration or enhancement projects or coordinate the performance of those projects in accordance with an agreement under section 5.2 of The Water Rights Act.
Section 12 is amended by striking out ", from and out of the fund,".
Section 15 is amended by striking out everything after "this Act".
Section 19 is replaced with the following:
Corporation may establish funds
The corporation
(a) may establish and maintain an operating fund and one or more other funds for the purposes of this Act, such as a reserve fund, trust fund, endowment fund or asset management fund; and
(b) is responsible for the administration, management and investment of each fund.
A fund may consist of one or more of the following:
(a) money received from time to time from the government;
(b) fees received for services provided by the corporation;
(c) contributions received from any source by way of grant, gift or bequest;
(d) proceeds from the disposal of any property of the corporation;
(e) money borrowed by the corporation pursuant to section 21;
(f) interest earned from the investment of money in the fund.
Fund deposits, payments and transfers
Subject to the terms applicable to a fund and to any trust or contractual conditions that apply to money received by the corporation, the corporation
(a) may deposit money in a fund and transfer money from one fund to another fund of the corporation; and
(b) may invest, disburse or otherwise deal with money in a fund in any manner that the corporation considers advisable in the pursuit of its objects under this Act.
Financial Administration Act regulations and directives
Subject to any trust conditions that apply to money received by the corporation and to any contractual conditions that apply to a fund established by the corporation, each fund (other than the fund known as the Land Management and Legal Liability Fund) is to be established and administered in accordance with any applicable regulations made and directives issued under The Financial Administration Act.
THE WATER PROTECTION ACT
The Water Protection Act is amended by this Part.
Subsection 1(1) is amended by adding the following definitions:
"river basin" means the total area drained by a river and all of its tributaries. (« 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. (« bassin fluvial transfrontalier »)
The following is added after section 4 and before the centred heading that follows it:
The Lieutenant Governor in Council may make regulations establishing nutrient targets at specified locations in Manitoba.
Nutrient targets are intended to provide a means for water management authorities in Manitoba and other jurisdictions that share a transboundary river basin with Manitoba to measure water quality and track progress on reducing nutrient levels in water bodies.
For 2019 and every fourth year after 2019, the minister must prepare a report that sets out the applicable nutrient levels recorded at the locations specified by regulation.
The report must also set out
(a) the government's policies and programs to reduce nutrient levels in water bodies in Manitoba; and
(b) the steps taken by the government to promote and support nutrient reduction policies and programs in other jurisdictions that share a transboundary river basin with Manitoba.
Every report prepared after 2019 must include a comparison of the current nutrient level at each location against nutrient levels recorded in previous reports.
A report under this section must be completed by December 31 of the year after the year to which the report relates.
The minister must table a copy of the report in the Assembly within 15 days after it is completed if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
The centred heading before section 8.1 is replaced with "RESTRICTIONS ON DISHWASHING DETERGENT AND OTHER PRODUCTS".
Subsection 8.1(1) is amended
(a) in the section heading, by striking out "containing phosphorus"; and
(b) by adding the following after clause (b):
(b.1) a product containing a prescribed ingredient or compound;
(b.2) a prescribed product or device;
The section heading for section 8.2 is amended by striking out "products containing phosphorus" and substituting "prescribed products".
The following is added after section 13 as part of Part 2:
TRANSBOUNDARY RIVER BASIN WATER MANAGEMENT
Transboundary water management
The minister must work with local, provincial, territorial, and state governments and water management authorities in other jurisdictions to promote and develop coordinated water management for transboundary river basins.
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
(i) share information on water quality,
(ii) jointly develop strategies and policies to improve water quality and reduce flooding and drought in the basin,
(iii) coordinate water storage and drainage practices,
(iv) cooperate in the design and development of flood and drought mitigation infrastructure, and
(v) share flood and drought forecasting information.
Supporting transboundary water management groups
As part of the commitment to promote and develop coordinated water management for transboundary river basins, the minister may provide information and technical or financial support to the following:
(a) the Red River Basin Commission;
(b) the Assiniboine River Basin Initiative;
(c) any board, commission or other body established under an agreement made under section 35.1 that seeks to coordinate water management practices in a transboundary river basin.
The following is added after clause 15(c):
(c.1) any applicable study, plan or report specified by the director that has been prepared by an entity described in section 13.2;
Subsection 29(3) is amended
(a) in clause (b), by striking out "approved aquifer management plans or water conservation programs" and substituting "approved aquifer management plans, water conservation programs or invasive species programs"; and
(b) in clause (c), by striking out "water management or water quality purpose" and substituting "water management, water quality or aquatic ecosystem purpose".
The following is added before clause 39(1)(b):
(a.1) respecting the manner in which nutrients are measured for the purpose of section 4.0.1, including the timing of those measurements and the persons who may take those measurements;
Clauses 39(1)(c.1) to (c.3) are amended
(a) by striking out "that contains phosphorus,"; and
(b) by striking out "that contain phosphorus,".
Clause 39(1)(c.5) is amended
(a) by striking out "that contains phosphorus,"; and
(b) by striking out "that contain phosphorus".
The following is added after clause 39(1)(j):
(j.1) prescribing anything referred to in this Act as being prescribed;
THE WATER RIGHTS ACT
The Water Rights Act is amended by this Part.
Section 1 is amended by adding the following definitions:
"prescribed" means prescribed by regulation;
"registrable project" means works or water control works belonging to a class designated by regulation under section 4.1; (« projet admissible »)
"registrant" means a person who holds a valid and subsisting registration; (« détenteur d'un enregistrement »)
"registrar" means a person designated under section 1.1; (« registraire »)
"registration" means a registration certificate provided under section 4.2; (« enregistrement »)
"wetland" means
(a) a marsh, bog, fen, swamp or ponded shallow water, and
(b) low areas of wet or water-logged soils that are periodically inundated by standing water and that are able to support aquatic vegetation and biological activities adapted to the wet environment in normal conditions; (« terre humide »)
The following is added after section 1:
The minister may designate one or more persons as registrars for the purpose of this Act.
The following is added after subsection 3(1):
In lieu of a licence, a person may construct, establish, operate or maintain works or water control works registered under section 4.2.
Subsection 3(2) is amended in the part before clause (a) by striking out "Subsection (1) does not" and substituting "Subsections (1) and (1.1) do not".
Section 4 is amended
(a) by renumbering it as section 18.4; and
(b) in subsection (5), by striking out everything after "due to" and substituting "the Crown. The minister may issue a certificate as to the amount of the debt and file it in the Court of Queen's Bench, and, once filed, it may be enforced as if it were a judgment of the court.".
The following is added before section 5:
Regulations re registrable projects
The Lieutenant Governor in Council may make regulations respecting registrable projects and registration under section 4.2, including designating one or more classes of works or water control works as registrable projects.
Restriction on designated classes
A class of works or water control works is not eligible to be designated under subsection (1) if, in the opinion of the Lieutenant Governor in Council, works or water control works of that class are likely to
(a) significantly alter the flow or level of water;
(b) result in a significant change in the location or direction of flow of water;
(c) result in the loss or alteration of a prescribed class of wetland; or
(d) have significant adverse environmental effects.
Public consultation in regulation development
In the formation or substantive review of regulations made under subsection (1), the minister must provide an opportunity for public consultation regarding the proposed regulation or amendment.
Registration of a registrable project
A person may apply to the registrar, in a form approved by the minister, to register works or water control works under this section.
A person applying for registration must provide to the registrar
(a) the information required by the application form and the regulations;
(b) the prescribed documentation or other information necessary to establish that the proposed works or water control works are a registrable project of a particular class; and
(c) any additional information required by the registrar.
Registration if application satisfactory
If the registrar determines that the application is satisfactory, the registrar must register the proposed works or water control works and provide the applicant with a registration certificate in a form approved by the minister.
Terms and conditions of registration
Every registration is subject to the terms and conditions prescribed in the regulations and any further terms and conditions imposed by the registrar.
Subsection 5(1) is amended in the part before clause (a) by striking out "section 7" and substituting "sections 5.1 and 7".
The following is added after section 5:
Restoring wetland as condition of issuing licence
Before the minister issues a licence that authorizes activities that would result in the loss or alteration of a prescribed class of wetland, the applicant must have taken one of the actions specified in subsection (2) to ensure that there is no net loss of wetland benefits.
Required actions before licence issued
The applicant must, in accordance with the regulations,
(a) pay a specified amount to The Manitoba Habitat Heritage Corporation, or to another person or organization designated by the minister, for the purpose of restoring or enhancing a wetland in another location; or
(b) restore or enhance a wetland in a location specified or approved by the minister.
A licence must not be issued unless
(a) the applicant provides the minister with proof of payment of the amount required under clause (2)(a); or
(b) an officer inspects the wetland that the applicant restored or enhanced and gives written confirmation to the minister that the wetland has been restored or enhanced in an acceptable manner.
Wetlands restoration and enhancement agreements
The minister may enter into an agreement with The Manitoba Habitat Heritage Corporation or any other person or organization respecting the restoration or enhancement of wetlands using amounts paid by licence applicants under clause 5.1(2)(a).
The agreement must include a requirement to provide the minister with an annual report that sets out the total amounts received from licence applicants and details of all wetland restoration or enhancement work performed.
Section 10 is replaced with the following:
Application for use in the future
If the minister is satisfied that an applicant for a licence does not intend to use or divert the water or to construct or establish the works to which the application relates for at least one year after the date the application was submitted, the minister may refuse to issue the licence or defer issuing the licence.
Section 16 is amended
(a) by striking out "licence" wherever it occurs and substituting "licence or registration"; and
(b) by striking out "licensee" wherever it occurs and substituting "licensee or registrant".
Section 17 is amended
(a) by striking out "licence" wherever it occurs and substituting "licence or registration"; and
(b) by striking out "licensee" wherever it occurs and substituting "licensee or registrant".
Subsection 17(2) is amended by striking out "section 4" and substituting "section 18.4".
The following is added after subsection 18(1):
When conducting an inspection under subsection (1), an officer or a person authorized by the minister may
(a) require any thing to be produced for inspection, examination, testing or analysis;
(b) take samples of any thing;
(c) take photographs or video recordings of the land, or any works, water control works or any other thing on the land;
(d) take measurements or make surveys; and
(e) bring any equipment required to carry out any action related to the inspection.
The following is added after section 18.1:
A person must not obstruct or hinder, or make a false or misleading statement to, an officer who is exercising powers or performing duties under this Act.
No false or misleading statements
A person must not make a false or misleading statement in any application for a licence, permit or registration or in any return or report required under this Act or the regulations.
Section 19 is amended by striking out "licence or permit" wherever it occurs and substituting "licence, permit or registration".
Subsection 19(1) is amended in the section heading and in the part before clause (a) by adding ", permit or registration" after "licence".
The following is added after subsection 19(2):
Despite subsection (2), the minister may cancel a licence, permit or registration without a hearing if the licensee, permittee or registrant consents to the cancellation.
Subsection 19(5) is replaced with the following:
If the minister cancels a licence, permit or registration, the minister must give the person affected notice of the cancellation by ordinary mail sent to the person's last known address. The notice is deemed to have been received by the person five days after the day it was mailed.
The following is added after section 22:
No interfering with monuments or instruments
A person must not deface, alter or remove a survey monument, bench mark, water gauge, or other instrument or device placed by a person who is authorized to make a survey in connection with any works or water control works.
Subsection 23(1) is replaced with the following:
A person is guilty of an offence who
(a) contravenes a provision of this Act or the regulations;
(b) fails to comply with an order made under this Act; or
(c) fails to comply with a term or condition of a licence, permit or registration under this Act.
A person who is guilty of an offence is liable on conviction
(a) in the case of an individual, to a fine of not more than $50,000 or imprisonment for up to three months, or both; and
(b) in the case of a corporation, to a fine of not more than $500,000.
Liability of directors and officers
If a corporation commits an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalties set out in clause (1.1)(a), whether or not the corporation has been prosecuted or convicted.
Subsections 23(2) and (3) are repealed.
Subsection 23(5) is replaced with the following:
A prosecution for an offence under this Act may not be commenced later than two years after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an officer. The certificate of the officer as to the day on which the evidence came to his or her knowledge is evidence of that date.
Subsections 24(1) and (2) are amended by adding "or the registrar" after "of the minister".
Section 26 is amended
(a) in clause (a), by adding "or registration" at the end;
(b) by adding the following after clause (a):
(a.1) respecting the requirements under section 5.1, including
(i) specifying the amounts, or the method of determining the amounts, to be paid by applicants, or
(ii) the amount of wetland to be restored or enhanced by applicants;
(c) in clauses (b) and (e), by striking out "and permits" and substituting ", permits and registrations"; and
(d) by adding the following after clause (o):
(p) defining any word or phrase that is used but not defined in this Act;
(q) prescribing anything referred to in this Act as being prescribed.
The following is added after section 26:
Regulations may establish classes
A regulation under this Act may be general or particular in its application and may apply to one or more classes of persons, activities or things and to the whole or any part of the province.
Transitional — pending licence applications
In the case of an application for a licence under section 6 of The Water Rights Act that, on the day this section comes into force,
(a) has not yet been determined; and
(b) relates to a registrable project;
the minister may treat the application as if it were an application for registration and refer it to the registrar as an application for registration under subsection 4.2(1), as enacted by section 71 of this Act.
Consequential amendment, C.C.S.M. c. W65
Subsection 11(6) of The Water Protection Act is amended by striking out "permit or licence issued" and substituting "licence, permit or registration".
COMING INTO FORCE
Coming into force — royal assent
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force — proclamation
The following provisions come into force on a day to be fixed by proclamation:
(a) Part 1;
(b) sections 52, 67 to 69, 71 to 73, and 75;
(c) subsections 76(1), 79(1) and (2);
(d) sections 82, 83, 85 and 86.