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This page provides information about development decisions that affect Manitoba's public lands and water. Certain provincial government departments and agencies involved in development intentions are listed. Manitoba's environmental licensing mechanisms and processes are provided, with links. Watch News for stories about development intentions. See also Consultations/Legislation for a listing of what's going on in Manitoba.

Definition: Life Cycle Assessment

A life cycle assessment (LCA) assesses the environmental impacts of a product and the resources used throughout a product's life cycle; from raw material acquisition, via production and use phases, to waste management (the term 'product' referring to both goods and services). The goal of LCA is to compare the full range of environmental and social damages assignable to products and services, to be able to choose the least harmful one.

An LCA offers a comprehensive view that considers impacts on the natural environment, human health, and resources. LCA applications include product development and improvement, strategic planning, public policy making and marketing.

Source: Encyclopaedia of Life

Budget Weakens Environmental Assessment


dollar signThe Canadian Senate passed the omnibus federal government budget bill (Bill C-9) on July 12, 2010, with previously deleted sections reinstated. Some environmental groups fear these sections weaken Canada's federal environmental assessment review process. The changes allow the Environment Minister discretion to define scope of environmental assessments.

Government politicians praised the budget's passage as just what is needed for a healthy economy, while critics said the government has made it easier for corporations to submit environmental assessments with only limited scope, or to avoid assessment altogether.

"This sets us back 20 or 25 years in terms of environmental assessment in Canada. It's a huge step backwards," commented Sierra Club Canada executive director John Bennett.

Critics say changes will "gut" the Act, and particularly weaken environmental oversights for new energy projects. Assessments could be carried out, not by the Canadian Environmental Assessment Agency, but by weaker, less experienced bodies.

"The whole point of this, it's clear, is to push through major energy project. In the wake of the BP disaster, this is not the time to weaken environmental reviews of offshore oil and gas," said Elizabeth May, Leader of the Green Party . "It will be a miracle if these changes don't result in a disaster in some part of the Canadian environment because of the weakening of the review process."

One positive changes is that federal authority for environmental assessments rests with the Canadian Environmental Assessment Agency, whose budget has been beefed up by 60% a year, or $11 million.

View July 12, 2010 Hill Times article
View July 7, 2010 Winnipeg Sun article
View July 6, 2010 Sierra Club article
View July 8, 2010 Globe and Mail article
View May 11, 2010 Ecojustice press release
View July 12, 2010 Toronto Sun article
View July 13, 2010 Toronto Star article
View July 13, 2010 Globe-Net article

Source: Winnipeg Sun, Globe-Net

After 30 Years - Water Power Licenses


CEC & Manitoba Hydro logo Manitoba Water Stewardship and Manitoba Hydro have started steps for permanent water power licences to allow water use for several dams in the Churchill River Diversion (CRD). The CRD has only interim licences for water power, and the dams have no environmental licences. No cumulative impact assessment for 30 years operations has been done either. The same is true of other dams in the province - at Grand Rapids, and along the Winnipeg River. Surveys for water power reserves/ licences on Manitoba lakes and rivers are still incomplete or not public.

After the 2004 Wuskwatim environmental reviews and hearings Manitoba's Clean Environment Commission (CEC) recommended that:

Recommendation 7.6: The Government of Manitoba require Manitoba Hydro to resolve all outstanding issues with regard to the Churchill River Diversion, the Augmented Flow Program and Lake Winnipeg Regulation. Following resolution of these issues, Manitoba Hydro should apply for the appropriate final licences for these three operations under The Environment Act and The Water Power Act as soon as possible.

Recommendation 7.7: The application for the approval of final licences for Churchill River Diversion, Augmented Flow Program and Lake Winnipeg Regulation should include a review of the terms and conditions, an operational review and any required environmental impact assessments. Clear guidelines should be developed with respect to what constitutes conformance to and/or violation of the terms under these licences.

Manitoba Wildlands, the Interfaith Task Force on Hydro Development, and northern communities believe the CEC recommendations mean both environmental and water power licenses and reviews must be undertaken.

The CEC panel ultimately agreed with a public participants motion filed summer 2003, supported by public participants, that the Wuskwatim generation project area was insufficient, excluded impacts that would be felt elsewhere in the hydro (CRD) system.

MB Water Stewardship Graphic

During the 2007 cabinet appeal of the Wuskwatim project licences, the director of environmental approvals under Manitoba's Environment Act confirmed that "The Minister of Water Stewardship has directed that outstanding issues related to the Churchill River Diversion project be addressed in order to allow for the consideration of the issuance of the CRD final licence under the Water Power Regulation under the Water Power Act."

Water Stewardship Minister Melnick has confirmed that consultations with affected Aboriginal communities will begin soon, and that a public process for public comments and a public registry will be put in place. A September 17 meeting in Thompson, Manitoba, began the process with some potentially affected Aboriginal communities.

A review of documents and correspondence shows that Manitoba Hydro is requesting the current interim water power licences be combined into one permanent licence, for 50 years.

Currently Manitoba Hydro maintains that the generation stations in its system do not need any environmental permits or licences. The dams also were not grandfathered during the 1980s under Manitoba's Environment Act, as many other installations and plants were. No independant cumulative assessment of the CRD system, or generation stations throughout the province has been conducted.

Manitoba Wildlands continues to expect the full intent of the CEC recommendation to be acted on.

downloadDownload May 6, 2009 License Application (PDF)
downloadDownload September 17, 2009 Consultation Agenda (PDF)
downloadDownload September 17, 2009 Consultation Backgrounder (PDF)
downloadDownload September 17, 2009 Consultation Community Confirmation Form (PDF)
downloadDownload September 17, 2009 Costs Guideline (PDF)
downloadDownload September 17, 2009 Consultation Framework (PDF)
downloadDownload September 17, 2009 CRD Map (PDF)
downloadDownload September 17, 2009 Consultation Planning (PDF)
downloadDownload September 17, 2009 Presentation Slides (PDF)
downloadDownload September 30, 2009 Manitoba Wildlands Comments to Manitoba government (PDF) mwl owl
View October 9, 2009 Manitoba Wildlands News item mwl owl
Visit the Manitoba Wildlands Hydro Map Gallery
View Manitoba Water Power website by Manitoba Hydro
downloadDownload Manitoba Wildlands February 22, 2010 CRD, The Drum article MWL Owl (PDF)


Environmental Licensing


Dam ImageEnvironmental licensing in Manitoba occurs through The Environment Act. The Environmental Assessment and Licensing Branch of Manitoba Conservation is responsible for all stages of environmental licensing in Manitoba. See their licence application details here.

In Manitoba, most major projects and development undertakings require an environmental license. Typically, these projects also require various other licenses or permits or authorizations under other provincial and federal legislation.

The level of scrutiny for development projects that must undergo environmental assessment depends on the classification or 'class' of the development. The Classes of Development Regulation 164/88 defines various development projects as Class 1, Class 2 or Class 3 Developments and all developments described in the regulation require an environmental license.

View Manitoba Environment Act Class 1, 2 & 3 Developments, Manitoba Wildlands mwl owl

Environmental Assessment and the Budget


West Coast Environmental Law logoIn winter 2008-2009 Canada's current Government prorogued Parliament, and re opened parliament introducing a budget that included amendments to the Navigable Water Protections Act that eliminated environmental assessments for development projects on Canadian waterways, with very few exceptions.

In 2010, after proroguing Parliament December 30, 2009, the Government has again introduced a budget bill that reduces legal and regulatory provisions under the Canadian Environmental Assessment Act to protect Canada's natural environment.

In a May 10, 2010 letter to the Canadian Parliamentary Standing Committee on Finance, sixteen conservation and community organizations implore members of the Committee "...to object to these regressive changes that threaten Canada's environment."

Changes include:
  1. exempting a host of major projects from environmental assessments;
  2. granting Minister of Environment discretionary power to break large projects into smaller pieces and avoid environmental assessment (over rules January 2010 recent Supreme Court decision of MiningWatch Canada v. Canada);
  3. public environmental assessments for pipelines and nuclear power projects to National Energy Board and Canadian Nuclear Safety Commission, despite no previous experience or mandate to conduct environmental reviews.

"By burying these significant changes deep within a towering, 900-page budget bill, the government has deliberately sought to hide these changes from public scrutiny, discussion or debate," says Josh Paterson, staff lawyer at West Coast Environmental Law in Vancouver. "That's why we're asking MPs on the Finance Committee to show environmental leadership by cutting these changes out of the Budget."

View May 10, 2010 West Coast Environment Law press release
View Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures
View Save Canada's Environmental Laws! on Facebook
View May 10, 2010 The Hook article
View March 10, 2009 Manitoba Wildlands news item
View May 12, 2010 The Mark article
View January 21, 2010 Supreme Court of Canada Judgment
View April 1, 2010 Liberal Party news release
View May 18, 2010 The Globe and Mail article

Source: West Coast Environment Law, Parliament of Canada

The Canada - Manitoba Agreement On Environmental Assessment Cooperation(PDF) mechanisms are part of licensing in Manitoba where there is federal responsibility identified as per provisions and regulations of the Canadian Environmental Assessment Act (See our Governments page for statutes, Manitoba, and Canada). The Cooperation agreement outlines the process by which a single environmental assessment occurs that addresses the assessment responsibilities of both levels of government (See section below for further details).

The Manitoba Minister of Conservation can direct the Clean Environment Commission (CEC) to hold public hearings regarding environmental licenses for certain classes of development. The Minister responsible for the Act has the discretion to request public hearings for Class 2 and 3 developments under The Environment Act, such as:
  • Long term forestry management plans
  • Hydro dams
  • Various mines and mills
  • Ethanol plants
  • Major water works or floodways
  • Wind turbine projects
  • New highways
  • Transmission infrastructure and corridors
Once the CEC has concluded the public hearings, it provides the minister with a report and recommendations regarding the environmental proposal and potential environmental license. The CEC website provides recent reports on environmental matters in Manitoba. A federal environmental panel can also be appointed by the federal minister.

Public registries hold public information and documents required in the licensing process. Public reviews, and comments are also held in the public registries. Applications, scoping documents, and final determinations on licenses are all part of the record. For a full listing of Manitoba public registries go to our Consultations/Legislation page. Manitoba Eco Net provides an electronic listing of public registry documents and file contents. Go to Public Registry on their home page.

View more information on the Manitoba Environment Act Public Registry

downloadDownload May 2008 CIER presentation, First Nations and Hydro Development in Manitoba: Selected Issues for Consideration (PDF)

Manitoba Hydro System Licenses

Manitoba Wildlands is collecting licenses for the existing hydro system, and dams in our province.
Watch this space for further postings.

downloadDownload November, 1965 Final License for Pine Falls (PDF)

downloadDownload November 30, 1965 Final License for McArthur Falls (PDF)

downloadDownload June 3, 1966 Final License for Seven Sisters Falls (PDF)

downloadDownload March 10, 1966 Final License for Kelsey Site, Nelson River (PDF)
downloadDownload April 29, 1971 License Ammendment for Kelsey Site, Nelson River (PDF)
downloadDownload April 8, 1983 License Ammendment for Kelsey Site, Nelson River (PDF)

downloadDownload December 14, 1972 Interim License for the Jenpeg Site (PDF)

downloadDownload July 9, 1976 Interim License for the Limestone site (PDF)
downloadDownload October 15, 1984 Supplementary Interim License for the Limestone site (PDF)

downloadDownload December 19, 1972 Interim License for the Churchill River Diversion (PDF)
downloadDownload May 11, 1973 Interim License for the Churchill River Diversion - Amendments (PDF)
downloadDownload August 22, 1973 License for the Churchill River Diversion (PDF)

downloadDownload November 18, 1970 Interim License for Lakes Winnipeg, Playgreen and Kiskittogisu (PDF)
downloadDownload August 8, 1972 Supplementary Interim License for Lakes Winnipeg, Playgreen and Kiskittogisu (PDF)


CEAA 101: A Workshop on Environmental Assessment


downloadDownload February 2009, CEAA 101: A Workshop for Citizens on Environmental Assessment (PDF)

Canada - Manitoba Agreement On Environmental
Assessment Cooperation


The Canada-Manitoba Agreement on Environmental Assessment Cooperation(PDF) was signed by Manitoba and Canada in May 2000. The agreement expired in 2005 and the Canadian Environmental Assessment Agency (the Agency) initiated a process to revise and renew the agreement. A draft Canada-Manitoba Agreement on Environmental Assessment Cooperation (2005) was released in November 2005 and the public invited to comment on the draft. The public comment period closed December 16, 2005.

On March 5, 2007, Canada and Manitoba jointly announced the signing of the renewed Canada-Manitoba Agreement on Environmental Assessment Cooperation.

View the 2007 Canada-Manitoba Agreement on Environmental Assessment Cooperation
View the March 5, 2007 Canada-Manitoba press release

The renewed 2007 Canada-Manitoba Agreement on Environmental Assessment Cooperation builds upon the 2000 agreement and has been updated to reflect the amendments to the Canadian Environmental Assessment Act which came into effect on October 30, 2003.

The agreement will remain in force for five years. Prior to its expiration, Canada and Manitoba will evaluate the Agreement and their performance in relation to it, after which time it will either be renewed or terminated. The evaluation will include opportunities for public consultation.

View the backgrounder on the 2007 Canada-Manitoba Agreement on Environmental Assessment Cooperation
View the history of the federal-provincial environmental assessment agreement
Source: Government of Canada

Environment Act Amendments


In late 2001 and early 2002 a consultation was undertaken to identify a variety of amendments to Manitoba's Environment Act. The records of this public review, including the discussion paper, and final report on the consultation are held in Manitoba's public registry. As of February 2003 no amendments to the Act have been made public, or tabled in the Legislature. The context for these proposed amendments and the review is the COSDI report.

In early 2006 a series of amendments to Regulation 164/88 under Manitoba's Environment Act were placed in the public registry for comment. These largely pertain to enabled wind turbine projects in Manitoba, without public hearings, regardless of size of the project or potential impacts from the project.

Currently Manitoba is making licensing decisions regarding wind energy projects without arriving at public environmental standards, or undertaking public hearings for wind energy projects, ethanol plants and other alternative energy developments.

Manitoba Wildlands responded to the request for public comments on the changes to the regulation above. The public comments letter includes 4 previous sets of formal correspondence from Manitoba Wildlands that are pertinent to the current regulation review.

downloadDownload the Manitoba Wildlands/CNF October 17, 2003 comments: Sequoia Energy Inc. - St. Leon Wind Energy Project (PDF)
downloadDownload the Manitoba Wildlands/CNF December 12, 2003 appeal of the environmental license for Sequoia Energy Inc. - St. Leon Wind Energy Project (PDF)
downloadDownload the Manitoba Wildlands March, 8, 2006 comments: Killarney Wind Energy Project mwl owl (PDF)
downloadDownload the Manitoba Wildlands April 12, 2006 comments: Dacotah Wind Energy Project & Classes of Development Regulation mwl owl (PDF)
downloadDownload the Manitoba Wildlands May 15, 2006 Comments: Classes of Development Regulation 164/88 Under the Environment Act mwl owl (PDF)
View list of Environment Act licenses for wind projects in Manitoba

Winnipeg Floodway - Expansion,


National Energy Board


NEB logoThe National Energy Board of Canada (NEB) is an independent federal agency responsible for monitoring and regulating several aspects of Canada's energy industry. NEB responsibilities include the regulation of electricity exports to the United States, construction and operation of international transmission lines, and elements of the oil and gas sectors. The NEB also studies and monitors various aspects of the energy sector.

The NEB's corporate purpose is to "promote safety, environmental protection and economic efficiency in the Canadian public interest within the mandate set by Parliament." It operates under the National Energy Board Act, with responsibilities under other sets of legislation as well.

Visit the National Energy Board website
View the National Energy Board responsibilities

Manitoba Hydro has a series of NEB licenses that permit the company to sell electricity into the United States. (No NEB licenses are required for sale into Canadian provinces.) Manitoba Hydro also operates four transmission lines that connect with American markets. These also fall under the purview of the NEB.

Export of energy to the United States is central to the operations of Manitoba Hydro. Between 1999 and 2004 Manitoba Hydro sold 30.5% of the energy it generated into American markets (measured by revenue rather than kilowatt hours). Between 2004 and 2008, that number slightly increased to 33%.

Manitoba Hydro exports energy to dozens of American companies including Minneapolis-based Xcel Energy.

Sources: National Energy Board and Manitoba Hydro Annual Reports

Energy Exports chart

Energy Development


Manitoba Forest Companies & Tenure


Mining


Manitoba Mineral Mining Cover Manitoba's mineral industry has been dominated by nickel, gold, and copper mines with specialty minerals like cesium being mined more recently. Mineral exploration includes recent diamond permits on the East Side of the province. The peat, sand and gravel, and stone industries are also active in the province.

In 1999, Minister Mihychuk confirmed Manitoba's Minerals Guideline: Guiding Principles for Success. The protocol is the result of workshops held over two years. Access the Guideline at ITM - Manitoba Minerals Guideline.

Mining in Manitoba is governed by the Mines and Minerals Act - a relatively new piece of Manitoba legislation. It was initially developed and enacted in 1991-92 and has been amended a few times since then. The Act contains some unique features relative to other mining legislation across Canada. It also reflects some progressive environmental and social concepts such as sustainable development and acknowledges the rights of those who occupy lands (prior to any activity to secure mining tenure) and the public's right to access information.

The Mines and Minerals Act includes a section that gives the Minister discretionary power to withdraw open Crown mineral land from exploration, staking and lease (Mines and Minerals Act, Section 14(1)). This is unique and important because it gives the Minister considerable power to close areas of the province to mining (by issuing an order that then results in a regulation). In most other jurisdictions, all lands are open to mining activity unless closed through other legislation (for instance legislation that prohibits mining activity in parks and/or protected areas). Through this legislation, (Section 52(1)) Cabinet has the power to make regulations that designate areas for which mineral exploration licenses may not be given.

miner image

The discretionary power for the Minister and Cabinet to say 'no' to mining activity is also in keeping with the commitment to sustainable development principles that is clearly voiced in the Act,

The object and purpose of this Act is to provide for, encourage, promote and facilitate exploration, development and production of minerals and mineral product in Manitoba, consistent with the principles of sustainable development.
Mines and Minerals Act, Section 2(1)

The Act also includes a list of several specific sustainable development principles that particularly apply to mining in Manitoba (Mines and Minerals Act, Section 2(2)).

Some Crown land areas of the province are not open to (prospecting) license holders for mineral exploration and staking of claims (Mines and Minerals Act, Section 61(1), Section 160).

These areas include:
  • lands withdrawn by Minister under Section 14(1) of the Mines and Minerals Act (includes protected areas)
  • lands already under a mineral disposition1 or lease (except if the withdrawal or disposition only applies to certain minerals)
  • First Nations lands (including lands selected through the Treaty Land Entitlement process)
  • Provincial park lands where exploration, staking or recording a claim is prohibited/restricted
  • lands withdrawn under the Water Power Act
  • National Parks
  • ecological reserves (by regulation)
  • lands withdrawn under the Wildlife Act where exploration, staking or recording a claim is prohibited/restricted
  • other lands designated through Parliamentary Acts
1 "mineral disposition" means a claim, an exploration permit, a special exploration
permit or a quarry permit (Mines and Minerals Act)

Presentation to Mines Ministers

EMC LogoThe National Mines Ministers Conference (MMC) was held in Winnipeg September 17, 18 2002. Each year all governments in Canada, represented by ministers responsible for mining, meet to discuss common challenges and policy initiatives. The theme conference was, "The Top Three Priorities: Sustainable Development of Mining in Canada".

Gaile Whelan Enns, Manitoba Director, Wildlands Campaign, Canadian Nature Federation made a presentation entitled, "Manitoba's Protected Areas Commitments, The Mining Sector Consultation - Working Toward Sustainability" . Her presentation provides background about the Manitoba Mining Sector Protected Areas Consultation. It provides a history of the consultation and describes the technical basis used, partners involved, and mechanism to rank areas for protection.

View Presentation to Mines Ministers Conference (without maps)
downloadDownload DOC
downloadDownload PDF Maps (4.6MB)

View Canadian Mines Ministers Conference - Open Session Transcript (CNF presentation highlighted in red)
downloadDownload DOC

Award for Protected Areas Consultation

PDAC 2002 National Claim Tag Award Minister Mihychuk During the September 2002 National Mines Ministers' conference in Winnipeg, the Prospectors and Developers Association of Canada (PDAC) presented Manitoba Minister Mihychuk its annual 'claim stakers' award. This award acknowledges Manitoba's multi year mining sector consultation for the establishment of protected areas. It also acknowledges the government of Manitoba for its participation in the mining sector's protected areas consultation. Each year the PDAC 'claim stakers' awards acknowledge government actions and public policy initiatives for the mining sector.

Visit the PDAC website

The Manitoba Geological Survey web site contains information about all current dispositions and properties in Manitoba. Their Map Gallerycan be accessed at ITM - Geological Survey - GIS map gallery.

Transportation


Sustainable Development


Manitoba Roundtable LogoManitoba's Sustainable Development Act includes a set of principles and guidelines. We are posting access to the Act, significant reports, public policies, and initiatives identified by government as being part of sustainable development for Manitoba. From 1997 to 1999 the Manitoba government undertook the Consultation on Sustainable Development Implementation (COSDI). Many of the recommendations from COSDI are the basis for current sustainable development policy and regulatory changes. It should be noted that environmental organizations did not sign off on COSDI. Also the intended public consultation regarding COSDI recommendations has not occurred. Please see our Links and Governments pages.

View the Sustainable Development Act
View the Sustainable Development Principles and Guidelines
View the Consultation On Sustainable Development Implementation (COSDI) Report
downloadDownload Provincial Sustainable Development Code of Practice (DOC)
downloadDownload Sustainable Development Financial Management Guidelines (DOC)

View 1993 NRTEE report, Building Consensus for a Sustainable Future: Guiding Principles

Sustainable Development Links,





Manitoba Wildlands2002-2010