Designation of watersheds and authorities, The Lieutenant Governor in Council may by regulation. The minister may designate any persons, or the members of any class of persons, as officers for the purpose of administering and enforcing this Act. The minister may declare that a serious water shortage has ended. or imprisonment for a term of not more than six months, or both; and. 2018, c. 30, Sch. (« bateau »). The scientific basis for allocating responsibility for the increased nutrient load is dubious. (« licence environnementale »), "minister" means the minister responsible for the administration of The Environment Act. 2018, c. 6, s. 47. (b) determine whether an invasive species, including a species that has not been designated as an aquatic invasive species, is spreading across Manitoba. 2012, c. 27, s. 91; S.M. For the purposes of the administration and enforcement of this Part, a member of a species that is not easily distinguishable from an aquatic invasive species is deemed, in the absence of evidence to the contrary, to be a member of an aquatic invasive species. (« moyenne mobile de 30 jours »), "environmental licence" means the licence issued under The Environment Act to the City of Winnipeg for the alteration and operation of the North End Water Pollution Control Centre, identified as licence number 2684 RRR, and includes any further revised version of that licence or a substituted licence. 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. Compensation where allocation cancelled or reduced, Where the effect of any action taken or regulation or order made under subsection 11(2) is to, (a) cancel or reduce the allocation of water at any point or place to a person holding a licence under The Water Rights Act; and. 1987, c. W50, is repealed. This Act may be referred to as Chapter W65 of the Continuing Consolidation of the Statutes of Manitoba. (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. Public consultation in regulation development. Subsection 31(5) and section 32 apply to an inspection conducted under this section. "prescribed" means prescribed by regulation. The minister may designate a person as the director of aquatic invasive species. If an inspector or officer finds a member of an invasive species that has not been designated as an aquatic invasive species but he or she has reason to suspect that the species may have a negative effect on aquatic ecosystems in Manitoba, the inspector, officer or a person acting under his or her direction may take the actions set out in clause (1)(a) or (b) in relation to the member that was found. In making the referral, the minister may set terms of reference and give directions. (vi) the supply, distribution, storage and retention of water, including measures to ensure persons in the watershed have access to clean potable water. An inspector or officer may conduct a survey in any area to, (a) detect the presence of an invasive species, including a species that has not been designated as an aquatic invasive species; or. Show previous versions 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. S.M. America's Water Infrastructure Act of 2018 expanded source water protection-related eligibilities under the Local Assistance Program set-aside. Designation even if species not in Manitoba. No action or other proceeding may be brought against a person for providing information in good faith under this section. When reasonably required to administer or determine compliance with this Act, an officer may stop a conveyance and conduct an inspection if he or she has reasonable grounds to believe that, (a) the conveyance is in a water body or has recently been in a water body; or. After receiving a proposed plan, the minister may refer it to the expert advisory council for its review and advice. (ii) the prevention, control and abatement of water pollution, including wastewater and other point-source discharges, and non-point sources of pollution. (b) respecting the fund and any payments authorized by subsection (4) to be made from the fund. (a) identify issues relating to the protection, conservation or restoration of water, aquatic ecosystems and drinking water sources in the watershed; (b) contain objectives, policies and recommendations respecting some or all of the following: (i) the protection, conservation or restoration of water, aquatic ecosystems and drinking water sources. Book Place Hold. (« 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 minister may designate any persons, or the members of any class of persons, as inspectors for the purposes of Part 3.1. "approved aquifer management plan" means an approved aquifer management plan as defined in The Groundwater and Water Well Act. A warrant may be made subject to any conditions specified in it. Within 60 days after notifying the minister of the objection, the director must give advice to the minister as to whether the proposed regulation should be varied or revised. 2012, c. 27, s. 91; S.M. ; and. The Lieutenant Governor in Council may, by regulation, require that an approved watershed management plan be considered before a prescribed decision is made or a prescribed approval is issued under this or any other specified Act or regulation. Estimates of capital costs and operating expenses to accompany plan. Unless otherwise stated in the regulation or order, a regulation or order under this section prevails over a licence, permit or registration issued under The Water Rights Act. Considerations in recommending regulations re zone, Before recommending that a regulation be made under subsection (1), the minister may consider scientific and other information relating to. Consultation with water planning authority. (c) the AIS director is satisfied that the applicant and all of his or her employees will clean or treat watercraft and water-related equipment in a prescribed manner. (a) contain maps to assist in its interpretation; and. (b) ensure that the conveyance or water-related equipment does not come into any further contact with a water body until the person has complied with the order. Subsection (1) does not apply to selling, supplying, or offering to sell or supply a cleaning product, personal care product or chemical water conditioner, or to manufacturing or distributing any of those products or bringing them into Manitoba for use in Manitoba, if the activity has been exempted — by a regulation made so that the product or water conditioner may be used to reduce a risk to human health — from the operation of that subsection. (« municipalité »), "nutrient" means any substance that provides nourishment and promotes growth of aquatic organisms when transmitted to water. 2008, c. 10, s. 2; 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. (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. (c) the proximity of the area to a national park, provincial park, ecological reserve or other protected area. (« vecteur »), "control order" means an order issued under section 29.10. Unless authorized by an inspector or officer, a person must not enter an area, conveyance or structure, (a) around which a temporary barrier has been established under clause (1)(a) or subsection (2); or. (a) respecting grants, including the terms and conditions on which grants may be made by the minister; and. (b) all living organisms and their habitat; and their interacting natural systems. (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. 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. 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. (v) share flood and drought forecasting information. 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. 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. B, s. 7. (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. (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; (b) governing, regulating or prohibiting the discharge or other release of a pollutant into water; (b.1) specifying a later date for the purpose of subsection 4.2(1); (b.2) for the purpose of item 1(b) of subsection 4.2(2), specifying total ammonia limits; (b.3) for the purpose of item 1(c) of subsection 4.2(2), specifying limits for other substances in wastewater effluent; (c) respecting the siting, construction or operation of onsite wastewater management systems; (c.1) prescribing a cleaning product or a class of cleaning products for the purpose of clause 8.1(1)(b); (c.2) prescribing a personal care product or a class of personal care products for the purpose of clause 8.1(1)(c); (c.3) prescribing a chemical water conditioner or a class of chemical water conditioners for the purpose of clause 8.1(1)(d); (c.4) exempting an activity or class of activities from the application of subsection 8.1(1), for the purpose of enabling a cleaning product, personal care product or chemical water conditioner to be used to reduce a risk to human health; (c.5) prescribing a cleaning product, personal care product, or chemical water conditioner, or a class of any such products or conditioners, for the purpose of section 8.2; (c.6) specifying a purpose for which the use of a prescribed cleaning product, personal care product or chemical water conditioner is prohibited under section 8.2; (d) governing, regulating or prohibiting the access of livestock to water bodies or areas adjacent to water bodies; (e) respecting the providing of notice of an approval of, or amendment to, a watershed management plan under section 21; (f) respecting the review of an approved watershed management plan under section 22; (g) specifying advisory boards and other entities that perform functions relating to water for the purpose of the expert advisory council's coordinating role under clause 25(d); (h) prescribing water management principles that are consistent with the purposes of this Act; (i) respecting the establishment of programs to provide financial incentives to protect or enhance water, aquatic ecosystems or drinking water sources; (j) respecting the manner in which the director must obtain expert advice for the purpose of section 7; (j.1) prescribing anything referred to in this Act as being prescribed; (k) defining any word or phrase used but not defined in this Act; (l) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. The minister must maintain a public registry, which may be in electronic form, containing a copy of each of the following: (a) a draft of each proposed regulation or amendment to a regulation under this Act, other than a regulation made under Part 3.1; (b) every declaration, order or regulation made under section 11 (serious water shortages); (c) every order respecting a commercial or agricultural operation made under a regulation described in section 40; (d) each watershed management plan approved by the minister under Part 3; (e) such other information as the minister may from time to time direct. TRANSBOUNDARY RIVER BASIN WATER MANAGEMENT. The permit holder must comply with any terms or conditions set out in the permit. The minister may, by regulation, designate an area of Manitoba as an aquatic invasive species control 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. Brought against a person for providing information in good faith under this section may be designated as a watershed section! ; S.M, `` inspector '' means a planning district '' means a as. Of prescribed carriers into Manitoba, and the City of Winnipeg to replace modify. Any other time any prescribed application fee determination of the minister ; and infrastructure. On the preparation of the year to which the minister must also consider mapped out to limit restrict! 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