Environmental Assessment and Licensing (EAL) in Manitoba Bruce Webb Environmental Approvals Branch Manitoba Sustainable Development June 27, 2018

Overview Environmental Approvals Branch Manitoba Environmental Assessment and Licensing process Canada-Manitoba cooperation Questions/Discussion

Environmental Approvals Branch Mission The Environmental Approvals Branch will ensure that developments are regulated in a manner that protects the environment and public health, and sustains a high quality of life for present and future Manitobans.

Environmental Approvals Branch Roles (Environmental Assessment and Licensing) Process Stewards Lead the EAL process Ensure compliance with the Act and its regulations Manage the potential impacts of developments Protect public health and the environment Assist proponents and the public Assistance/recommendations to the Minister

Environmental Approvals Branch Roles (Environmental Assessment and Licensing) Lead the EAL Process (administer the Act) Manage potential impacts of developments Manage public and technical review Evaluate impacts and mitigation measures Prescribe licence conditions Conduct or require followup/inspections (enforcement)

Environmental Approvals Branch Other Roles Administer licensing process under the Dangerous Goods Handling and Transportation Act Administer permitting process under several regulations under the Environment Act, DGHTA and Public Health Act, including permits for waste disposal grounds, pesticide use, petroleum storage facilities, livestock manure storage facilities Administer livestock manure management program Administer contaminated sites program Administer Water Power Act licensing program

Environmental Approvals Branch Five Sections: Municipal and Industrial (10 staff) Land Use and Energy (3 staff) Wastewater treatment lagoons Water developments Wastewater treatment plants Forestry management Mining Hydroelectric generation Manufacturing Wind power generation Thermal generation Gas, oil and water pipelines Pulp and paper Transportation Operator Certification/Facility Classification Recreation Solid waste management facilities Livestock manure storage Air quality

Soil, Animal Waste and. Hazardous Waste, Petroleum, and. Conservation Soil, Animal Waste and Hazardous Waste, Petroleum, and Conservation Contaminated Sites (5 staff) (9 staff) Pesticide Use Permits Contaminated/impacted sites program Pesticide handling/storage Hazardous waste storage Mosquito control Hazardous waste transportation Bio-fuels – ethanol, biodiesel Petroleum storage Commercial fertilizer facilities On-site wastewater management Manure management plans Solid waste management program Water Power Act Licensing (4 staff, added to branch in 2017) Water Power licences (18 facilities for hydroelectric generation and water management) Water Power Reserves administration

Manitoba EAL Process Principles: Environmental protection Public health protection One window–identify all regulatory needs Public participation/assistance Transparent/fair/consistent Flexible

Manitoba EAL Process Step One – Licence needed? / Application Identify Class Class 1 – Discharge of pollutants Class 2 – Unrelated to or in addition to pollutants Class 3 – Exceptional

Manitoba EAL Process Four components of application (see Information Bulletin): Covering letter Application form EA information required (see Guidelines) Application fee

EA Information Guidelines for most projects are generic. (http://www.gov.mb.ca/sd/eal/publs/info_eap.pdf) Requirements: Description of project – construction, operation, maintenance and decommissioning, if applicable Description of existing environment Identification of environmental effects Identification of mitigation measures, residual effects Discussion of follow-up and monitoring plans, reporting

Manitoba EAL Process Branch contact person assigned Application complete? If yes, start screening If not, request more info – can cause delays

Manitoba EAL Process Step Two - Screening/Consultation Public Notification Advertise Public registry – electronic Lists current proposals out for review Due date for written comments

Manitoba EAL Process Step Two - continued Technical Advisory Committee (TAC) Parallel to public process Provincial and federal Federal contact – CEAA Technical considerations and other regulatory requirements

Manitoba EAL Process Typical EA considerations: Biophysical: Aquatic impacts (water quality, fisheries, invertebrates, etc.), Terrestrial impacts (soil, vegetation, wildlife and bird habitat), Air quality impacts (including greenhouse gases and climate change) Public issues and concerns: Land use, human health, noise, odour, nuisance, chemical usage and spills

Manitoba EAL Process Typical EA considerations: Other regulatory requirements Industry practice/best available control technology

Manitoba EAL Process Step Two - Screening/Consultation Iterative, 30 days normally Step Three – More Information Request for information May require more time Evaluate/summarize comments Disposition of comments Registry update

Manitoba EAL Process Step 4 – Clean Environment Commission (CEC) Optional - hearing Public concern Director recommends to Minister Or, Minister can direct at any step in the process Terms of Reference provided (Scope)

Manitoba EAL Process Step 4 – CEC Hearing Hearing complete CEC report to Minister Within 90 days Licensing & non-licensing recommendations

Manitoba EAL Process Step 5 - Licensing Decision Director (Classes 1 & 2) or Minister (Class 3) Issue or refuse Circulate draft licence to TAC Issue licence Distribute/Post Summary and Licence

Manitoba EAL Process Typical licence conditions: Pre-construction Construction mitigation Notification Inspections Discharge limits – soil, water and air

Manitoba EAL Process Typical licence conditions: Monitoring Reporting Odour and noise Complaint based Decommissioning Financial assurance for some projects

Manitoba EAL Process Appeals Director’s decision to the Minister 30 days from licence issue date Director’s recommendation re a CEC Hearing Minister’s decision to Cabinet 30 days from issue date Construction may commence despite the appeal process

Manitoba EAL Process Alterations to project Minor Major – new Proposal Director approves, no public review Major – new Proposal Same as for all EA applications Includes the public and TAC reviews Decision based on environmental effects Significant or insignificant

Manitoba EAL Process Information Bulletins and Guidelines: http://www.gov.mb.ca/sd/eal/publs Classes of Development Regulation (MR 164/88): http://web2.gov.mb.ca/laws/regs/pdf/e125-164.88.pdf

Canada-Manitoba cooperation For new projects that require federal assessment Aim for cooperation Reduce duplication Meet both jurisdictions’ requirements Federal review of EA legislation and practice underway