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MANITOBA ENVIRONMENTAL ASSESSMENT LEGISLATION

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submit summary of proposal to CEC. notify proponent of assessment options & schedule ... justification for not accepting advice and recommendations of CEC ... – PowerPoint PPT presentation

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Title: MANITOBA ENVIRONMENTAL ASSESSMENT LEGISLATION


1
MANITOBA ENVIRONMENTAL ASSESSMENT LEGISLATION
  • ... assessment and licensing
    approach

2
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

3
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

4
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.

5
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

6
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 ...

7
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

8
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

9
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 ...

10
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

11
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

12
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

13
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

14
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

15
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

16
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

17
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

18
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

19
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

20
PENALTIES
  • Order
  • License suspension
  • Individual fine
  • first offense 5,000.
  • subsequent 10,000.
  • Corporate fine
  • first offense 100,000.
  • subsequent 200,000.
  • Other penalties

21
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

22
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

23
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

24
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 ...

25
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

26
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

27
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

28
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.

29
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.

30
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.

31
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.

32
HARMONIZATION
  • Environmental management is an area of shared
    constitutional authority

33
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.

34
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

35
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

36
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

37
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

38
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

39
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)

40
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

41
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

42
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

43
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

44
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
45
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
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