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

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

3. 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.

4. 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

5. 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)

6. 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

7. 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

8. 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

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

10. 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

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

12. EA Information
Guidelines for most projects are generic. (
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

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

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

15. 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

16. 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

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

18. 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

19. 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)

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

21. 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

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

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

24. 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

25. 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

26. Manitoba EAL Process Information Bulletins and Guidelines:
Classes of Development Regulation (MR 164/88):

27. 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