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Class 1, Class 2 & Class 3 Developments
Manitoba Environment Act

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 (see Environment Act, Sections 10(1), 11(1), 12(1)).

If a development is not listed in the Classes of Development Regulation, then it does not fit the definition of a development that must undergo assessment. However, the Minister responsible for the Environment Act (the Minister of Conservation) has the authority to decide whether any given development requires an environment license, if there is any disagreement on the matter (Environment Act, Section 16).

Public hearings are held for development proposals at the discretion of the Minister. In the case of Class 1 and Class 2 Developments, a request by Director of Environmental Assessment and Licensing to the Minister triggers the Minister's discretionary power to direct the Clean Environment Commission (CEC) to hold a public hearing (It is very rare for a Class 1 Development to be recommended to the Minister for a public hearing). In the case of a Class 3 Development, the Minister is directly responsible for this decision.

The Director is obligated to consider whether or not to request the Minister to consider holding public hearings when there are objections to a proposal (Class 1, Class 2 or Class 3) from members of the public. Objections by members of the public are filed as part of the public review and comment process. Objection(s) must be supported by specific reasons (Environment Act, Section 10(7), 11(10), 12(6)). The Minister can also direct that a public hearing be held when a development proposal is of general interest to, or will affect, a large number of Manitobans.

The Minister can make the decision to direct a public hearing be held at any time during the proposal assessment process. Objections to a proposed development may be filed by members of the public as part of the review of the proposal, or as part of the review of additional information required by the Director or Minister, or as part of the EIS review.

Source for Table below: Adapted from Classes of Development (consolidated) Regulation 164/88 (most recently amended May 8, 2007)
Project Description Class of Development/ Assessment Requirement Notes
Fish and Fisheries Developments
Fish Hatcheries Class 1
Alterations to stream channels which affect fish mobility and fish habitat Class 2
Forestry Developments
Plywood plants
Particle wood plants
Stationary sawmills
Wood treatment plants		 Class 1
Pulp and paper mills Class 2
Forestry roads (main and secondary haul roads, including stream crossings) Class 2
Timber cutting where the amount of timber cut is 300 cubic meters or more in any year Class 2
Site preparation of forest land for forest renewal Class 2
Road Developments
Asphalt plants Class 1
Two lane roads at new locations Class 2
Roads at new locations that can only be used in winter (winter roads) Class 2
Roads of four lanes or more at new locations, and associated facilities including borrow pits Class 3
Energy Developments
Commercial biofuel plants
Gasification plants
Steam plants		 Class 1
Major operational changes or modifications to existing electrical generating facilities Class 2
Electrical generating facilities with a generating capacity less than or equal to 100 megawatts potential Class 2 Projects include (for instance)
  • hydro dams (micro hydro, small hydro)
  • wind projects
  • solar projects
Transmission lines of 115 kV and over but not exceeding 230 kV.
Transformer stations of 115 kV and over but not exceeding 230 kV.
Conversion or replacement of transmission lines in existing rights-of-way if the lines converted or replaced are equal to or exceed 230 kV.		 Class 2
Electrical generating facilities with a generating capacity greater than 100 megawatts Class 3 Projects include (for instance)
  • large hydro dams
  • large wind and solar projects
Electrical transmission lines greater than 230 kV, and associated facilities.
Transformer stations greater than 230 kV		 Class 3
Mining Developments
Mines, other than pits and quarries
Milling facilities
Refineries
Smelters
 Class 2
Potash mines and milling facilities Class 3
Waste and Wastewater Developments
Biosolids application
Class 1 waste disposal grounds
Scrap processing and auto wrecking facilities
Water treatment plants (wastewater)		 Class 1
Wastewater treatment lagoons
Sewage treatment plants		 Class 2
Water Control Developments
Inter basin water transfers with diversion rates of not less than 0.5m3/s (cubic meters per second) and not greater than 10m3/s Class 2 This includes projects that transfer water between water systems
Inter basin water transfers with diversion rates greater than 10 m3/s Class 3 This includes projects that transfer water between water systems
Works resulting in modification to lake or river levels and affecting a water surface area of not less than 2km2 but not greater than 200km Class 2 This includes projects that change the level of a lake or river
Works resulting in modification to lake or river levels and affecting a water surface area greater than 200 km2 Class 3 This includes projects that change the level of a lake or river
Withdrawal of water from any body of water of not less than 200dam3 but not greater than 10,000dam3 per year, including non-consumptive closed systems where water is returned to its source and the flow rate is 25l/s and over but does not exceed 250l/s, but not including non-consumptive closed systems where the flow rate is less than 25l/s (litres per second) Class 2 This includes projects that withdraw water from water bodies (up to a certain volume)
Withdrawal of water of more than 10,000 dam3 per year including non-consumptive closed systems where water is returned to its source and the flow rate is greater than 250 l/s Class 3 This includes projects that withdraw water from water bodies (more than a certain volume)
Aquifer recharge with a closed system where water is returned to the aquifer from which it is taken with no change in quality other than temperature and a flow rate not less than 25l/s but not greater than 250l/s Class 2 This includes projects that remove water from an aquifer (underground water source) and then return the water at a different temperature - e.g. using water to heat or cool something and then replacing it (up to a certain volume)
Aquifer recharge with a closed system where water is returned to the aquifer from which it is taken with no change in quality other than temperature and flow rates greater than 250 L/S Class 3 This includes projects that remove water from an aquifer (underground water source) and then return the water at a different temperature - e.g. using water to heat or cool something and then replacing it (more than a certain volume)
Flood control projects protecting areas not less than 1km2 (square kilometres) and not greater than 100km2 Class 2
Flood control projects protecting areas greater than 100 km2 Class 3
Irrigation projects withdrawing not less than 200dam3 but not greater than 10,000dam3 per year Class 2
Irrigation projects withdrawing greater than 10,000 dam3 per year Class 3
Land drainage projects draining areas not less than 50km2 and not greater than 500km2 Class 2
Land drainage projects draining areas greater than 500 km2 Class 3
Water supply impoundments of not less than 50dam3* and not greater than 50,000dam3 Class 2 This includes projects to create reservoirs that are used for drinking water supply (up to a certain volume)
Water supply impoundments greater than 50,000 dam3 Class 3 This includes projects to create reservoirs that are used for drinking water supply (more than a certain volume)
Pipeline Developments
Pipe lines which are greater than 10 km in length or which are located in areas sensitive to environmental disturbance, and associated facilities Class 2 This includes pipeline project to transport (for instance) oil or natural gas or water
Manufacturing, Agricultural and Industrial Plant Developments
Bulk materials handling facilities
Cement plants
Concrete batch plants
Foundries
Manufacturing and industrial plants		 Class 1
Dairy plants
Feedmills
Food processing plants
Grain elevators
Meat processing and slaughter plants
Rendering plants
Seed cleaning plants 		Class 1
Habitat Modification Developments
Controlled burns of 100 hectares of land or more Class 2
Recreation Developments
Recreation and tourist developments, including but not limited to: multi-purpose resorts, marinas, golf courses, ski hills, areas designated for all terrain vehicle use under The Provincial Parks Act Class 2
Developments within provincial park lands referred to in a park management plan prepared by the Parks and Natural Areas Branch of Manitoba Conservation Class 2


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