MANITOBA ENVIRONMENTAL ASSESSMENT LEGISLATION

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MANITOBA ENVIRONMENTAL ASSESSMENT LEGISLATION

• ... assessment and licensing
  approach

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LEGISLATION

• Manitoba Environment Act
• Classes of Development Regulation
• Licensing Procedures Regulation
• Joint Environmental Assessment Regulation
• Environmental Assessment Hearing Cost Recovery
  Regulation
• Participant Assistance Regulation
• Manitoba Sustainable Development Act

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MANITOBA ENVIRONMENT ACT

• Purpose - develop and maintain an environmental
  management system ...
• Outlines environmental assessment and licensing
  process for developments with significant
  environmental effects
• Compliments / supports planning and policy
  mechanisms
• Provides for early public consultation
• Ensures environmentally responsible development

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MAIN SECTIONS OF MEA

• 1. Intent and Purposes
• 2. Departments Purpose and Powers,
• 3. Appointment of Director
• 6. Clean Environment Commission
• 7. Public Meetings or Hearings
• 10. Class 1 Development
• 11. Class 2 Development
• 12. Class 3 Development
• 13. Agreement with other Jurisdictions
• etc.

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DEFINITIONS - MEA

• Environment means a) air, land and water, or b)
  plant and animal life, including humans
• Assessment means an evaluation of a proposal to
  ensure that appropriate environmental management
  practices are incorporated into all components of
  the life-cycle of a development

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DEFINITION DEVELOPMENT

• Development - means any project, industry,
  operation or activity, or alteration or expansion
  causing or likely to cause
• emission or discharge of pollutant ...
• effect on any unique, rare, endangered feature
• creation of non-regulated by-products, residuals
  
• utilization or alteration of natural resources
  ...
• significant effect on the environment
• significant effect on the social, economic,
  environmental health and cultural conditions ...

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CLASSES OF DEVELOPMENT REGULATION (164/88)

• Lists developments that require an environmental
  assessment and license prior to construction
• Lists developments by type
• Class 1 - pollution-related
• Class 2 complex / may be pollution-related
• Class 3 - large-scale projects
• Other non-listed projects may require approvals
• Contact Manitoba Environment for clarification

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LICENSING PROCEDURES REGULATION (163/88)

• Requires submission of a proposal
• Defines information requirements for proposal
• Director may waive requirements
• Timelines for review of Class 1 and 2
  development proposals
• Timelines for review of Class 3 development
  proposals
• information Bulletin available

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INFORMATION REQUIREMENTS

• Location of development and proponent
• Land and mineral rights owner
• Existing land use and designation
• Description of proposed development
• Proposed development schedule and life-cycle
• Description of previous studies
• Description of potential impacts
• Description of proposed management practices
• Any other information requested ...

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MEA PRINCIPLES

• One-window for all developments
• EIS required for certain developments
• Interdepartmental review by Technical Advisory
  Committee (TAC)
• Proponent / public consultation
• Harmonization with other jurisdictions
• Approval / refusal prior to construction
• Licenses issued in stages
• Flexible approach
  

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CLASSES OF DEVELOPMENT

• Class 1
• primarily pollution-related effects
• e.g. asphalt plants, feed mills, foundries
  ...
• Class 2
• Complex projects with potential significant
  environmental effects (may include pollution)
• e.g. resource use, water development, roads
  ...
• Class 3
• large-scale projects that generate a number of
  environmental issues
• e.g. hydro-electric projects

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CLASS 1

• Form of proposal
• prescribed by the Director and include matters
  required by regulation
• Action by Director
• file a summary in the project registry
• notify the public through advertisement
• file a copy with the IPB and other departments
• determine form of assessment
• notify proponent of the assessment process
• provide proponent with contact person

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CLASS 1 (Cont.)

• Assessment - the Director may
• require additional information
• issue guidelines and instructions for further
  studies
• require detailed environmental management plans
• elevate proposal to a Class 2
• Public hearing
• may recommend to Minister - public hearing be
  held
• Licence decision - the Director may
• issue licence, or
• refuse to issue licence

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CLASS 2

• Form of proposal
• prescribed by the Director and include matters
  required by regulation
• Action by Director
• file a summary in the project registry
• notify the public through advertisement
• file a copy with the IPB and other departments
• determine form of assessment - may be a Class 3
• notify proponent of assessment options schedule
• provide proponent with contact person

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CLASS 2 (Cont.)

• Assessment - the Director may
• require additional information
• issue guidelines instructions for public
  consult.
• require an assessment report
• require detailed environmental management plans
• request the Minister that CEC hold public hearing
• Public hearing
• may recommend to Minister - public hearing be
  held
• Licence decision
• issue licence
• refuse to issue licence

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CLASS 3

• Form of proposal
• prescribed by the Minister and include matters
  required by regulation
• Action by Minister
• file a summary in the project registry
• notify the public through advertisement
• file a copy with the IPB and other departments
• submit summary of proposal to CEC
• notify proponent of assessment options schedule
• provide proponent with contact person

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CLASS 3 (Cont.)

• Assessment - the Minister may
• require additional information
• issue guidelines instructions for assessment
• require public consultation
• require and review an assessment report
• cause the conduct of a public hearing
• Public hearings
• cause or not cause the conduct of a public
  hearing
• Licence decision
• issue licence
• refuse to issue licence

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RESPONSIBILITIES

• Director
• Class 1 2 developments
• recommends conduct of public hearing
• Minister
• Class 3 developments
• cause the conduct of public hearing
• Clean Environment Commission
• conducts public hearing
• recommends to Minister

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LICENCE FEES

• Class 1 Developments 500
• Class 2 Developments 5,000
• Class 3 Developments
• Transportation and transmission
  lines 5,000 Water developments 50,000 Energy
  and mining 100,000

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PENALTIES

• Order
• License suspension
• Individual fine
• first offense 5,000.
• subsequent 10,000.
• Corporate fine
• first offense 100,000.
• subsequent 200,000.
• Other penalties

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TIMELINES

• If proposal information acceptable
• decision within 8 weeks
• If further information required
• additional 6 weeks (time controlled by client)
• If guidelines and an EIS required
• additional 12 weeks (Environmental Impact
  Statement (EIS) controlled by client)
• If public hearings required
• additional 15 weeks

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PUBLIC REIGISTRY

• Director to maintain or cause to maintain a
  public registry for each proposal containing
• summary of proposal
• disposition and status of proposal
• copy of assessment report
• justification for not accepting advice and
  recommendations of CEC
• justification for refusing to issue a licence
• other information as directed by Director or
  Minister

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PUBLIC PARTICIPATION PROCESS - MANITOBA
ENVIRONMENT

• Public Registry established for each proposal
• Proposals advertised in print media
• Public has 30 days to respond to notices
• Proponent may be directed to conduct public
  consultation for Class 2 3 projects
• Public meetings may be held

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MANITOBA PUBLIC PARTICIPATION GUIDELINES

• Shared process - easily understood
• Respect - for all participants
• Commitment - follow through
• Timelines - realistic
• Communication - effective
• Responsiveness - flexibility, feed-back
• Accountability - documentation ...

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TECHNICAL ADVISORY COMMITTEE (TAC)

• Interdepartmental Planning Board (IPB)
  departments
• Federal departments (2 or more)
• 19 standing committees
• Advisory role
• Environment Act proposal
• Environmental Impact Statement
• draft License

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CLEAN ENVIRONMENT COMMISSION (CEC)

• Established by legislation
• 10 members appointed
• Assists in policy / legislation development
• Provides advice / recommendations
• Conducts investigations
• Holds public hearings
• Acts as a mediator

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MANITOBA SUSTAINABLE DEVELOPMENT ACT

• Purpose creates a framework through which
  sustainable development will be implemented in
  the provincial public sector and promoted in
  private industry and in society generally.
• Part 2 Sustainable development (SD) principles
  and guidelines considered
• Part 3 - SD principles and guidelines adopted
• Part 4 - SD strategies
• Part 5 - SD indicators and reporting
• Part 6 - SD code to be established

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COSDI REPORT

• Multi-stakeholder consultation initiative to
  consider and make recommendations to government
  on how to implement sustainable development
  principles and guidelines into decision making
  (1999)
• Vision Manitobans working together to develop
  an integrated framework for large area and
  municipal planning, significant resource
  allocations and environmental management
  decisions
• Recommendations
• Provincial plan
• Municipal planning
• Large area planning
• Environmental effects assessment, etc.

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MEA AMENDMENTS

• Environment Act currently under review to address
  COSDI recommendations -
• Effects assessment
• Elements of assessment
• Legislate TAC
• Category reviews
• Collaboration etc.
• Public participation
• Other recommendations
• Administration
• Etc.

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DEFINITIONS - COSDI

• Assessment and Review of Effects an assessment
  and review of all sustainability factors such as
  environmental, economic, social, cultural and
  human health. The terms "assessment and review of
  effects", "assessment and review
  process","assessment process", "assessment and
  review", and effects assessment are used
  synonymously.
• Effect - is a neutral term including positive and
  negative effects of a plan or project.

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PROVINCIAL PROJECTS

• Wuskwatim hydroelectric and transmission projects
• Gimli Regional Wastewater Treatment Plant
• City of Winnipeg Biosolids Land Application
• Road upgrades
• Bridges
• Golf courses
• Water pipelines
• Irrigation projects
• Sewer and water projects etc.

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HARMONIZATION

• Environmental management is an area of shared
  constitutional authority

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CCME HARMONIZATION INITIATIVE

• Canada-Wide Accord on Environmental Harmonization
  approved in principle in 1996
• Umbrella agreement - comprehensive, multilateral
  that set direction for harmonization
• Vision Statement - outlined what is to be
  achieved
• Purpose Statement - what the Accord is to do
• Principles - including polluter pays, pollution
  prevention, precautionary approach,
  performance-based environmental measures, etc.

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HARMONIZATION PRINCIPLES

• All governments agree to fundamentals of polluter
  pays, precautionary principle and pollution
  prevention
• All governments retain their legislative
  authorities
• Features of sub-agreements to be developed
  defined - such as a one-window approach

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CANADA-WIDE HARMONIZATION ACCORD (CWHA)

• CWHA signed in January 1998
• All provinces and territories except Quebec
• Framework agreement
• Envisions governments working in partnership to
  achieve highest level of environmental quality
  for Canadians
• Sub-agreements signed and proposed
• Reviewed every two years

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CWHA ON ENVIRONMENTAL HARMONIZATION

• Vision - Governments working in partnership
• Purpose - Provide framework and mechanisms to
  achieve the vision ...
• Objectives
• Enhance environmental protection
• Promote sustainable development
• Achieve greater effectiveness, efficiency,
  accountability and clarity of environmental
  management issues

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CWHA SUB-AGREEMENTS

• Signed sub-agreements
• Inspections and enforcement
• Environmental assessment
• Canada-wide standards (air, water, soil)
• Monitoring and reporting
• Proposed sub-agreements
• Research and development
• Environmental emergencies
• Others

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SUB-AGREEMENT ON ENVIRONMENTAL ASSESSMENT

• Objectives
• continual development, improvement, attainment of
  priority environmental standards
• cooperative, coordinated federal, provincial and
  territorial approach ...

• Principles
• pollution prevention
• science-based
• precautionary principle
• equity
• results oriented
• flexibility
• sustainable development context
• public and stakeholder participation

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CANADA-MANITOBA AGREEMENT (CMA) ON ENVIRONMENTAL
ASSESSMENT COOPERATION

• 2000 agreement - provides an administrative
  framework that sets out how the two orders of
  government will cooperate in cases where an
  environmental assessment is required by each
• Agreement supports cooperative relationship
  between the federal and provincial governments in
  environmental assessment (i.e. CWHA and
  sub-agreements)

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CMA OBJECTIVES

• Canada and Manitoba agree to the following
  objectives
• Foster cooperation between Canada and Manitoba
  concerning the environmental assessment of
  proposed projects
• Achieve greater efficiency and most effective use
  of public and private resources where
  environmental assessment processes involving both
  parties are required by law
• Establish accountability and predictability by
  delineating roles and responsibilities of the
  federal and provincial governments

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CMA CONTENTS

• Objectives
• Interpretation
• Designated Offices
• Notification and Determination of Parties
• Cooperative Environmental Assessment
• Aboriginal Considerations
• Accommodating Interest
• Accommodating Transboundary Concerns
• Revision and Duration of Agreement

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CMA COOPERATIVE ENVIRONMENTAL ASSESSMENT

• Single contacts
• Determining lead party
• Project administration team
• Public participation
• Cooperative environmental assessment schedule
• Setting .. information requirements
• Determining completeness ...
• Joint review panels
• Recommendations to decision-makers
• Follow-up

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WHAT DOES THIS MEAN?

• Development proposals submitted for provincial
  assessment and licencing are provided to the CEA
  Agency
• Project proposals submitted for federal
  assessment are provided to Manitoba Conservation
• Cooperative environmental assessment prepared for
  projects requiring federal and provincial
  assessment
• Project Administration Team formed for
  cooperative environmental assessments
• Federal and provincial decision-making coordinated

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PUBLIC NOTIFIED PUBLIC REGISTRY ESTABLISHED
MANITOBA ENVIRONMENTAL ASSESSMENT PROCESS
TECHNICAL ADVISORY COMMITTEE REVIEW
MANITOBA EA PROCESS
PROPOSAL SUBMITTED TO MANITOBA CONSERVATION
   
PROJECT PROPOSAL PROVIDED TO CEA AGENCY
GUIDELINES/ TERMS OF REFERENCE
ENVIRONMENTAL ASSESSMENT CONDUCTED
PROJECT DESCRIPTION PROVIDED TO MANITOBA
PROJECT ADMINISTRATION TEAM
   
FEDERAL EA PROCESS
PROPOSAL SUBMITTED TO CEA AGENCY OR FEDERAL
AUTHORITY
RESPONSIBLE AUTHORITY COORDINATION
FEDERAL ENVIRONMENTAL ASSESSMENT PROCESS
FEDERAL PUBLIC REGISTRY ESTABLISHED
Generic Cooperative Canada Manitoba
Environmental Assessment Process
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Next Class

• Visit the Manitoba Conservation website and go to
  the environmental assessment page
• Read about Manitobas environmental assessment
  and licencing process
• Review The Environment Act and regulations
  dealing with environmental assessment
• Read about amendments to The Environment Act
• Determine which projects in Manitoba are being
  assessed
• Come to class prepared to discuss environmental
  assessment in Manitoba