FRANCAIS

March 04, 2004

The Government of Manitoba is taking a far-reaching and critical step in protecting the province’s water by introducing the proposed Water Protection Act, an innovative and comprehensive piece of legislation that will set out water quality standards, objectives and guidelines, Water Stewardship Minister Steve Ashton today announced.

"Water is the fundamental building block of life and protecting this precious resource is a priority for all Manitobans," said Ashton. "This legislation—the first of its kind in Canada—reinforces the importance of water in helping to maintain our quality of life and highlights the responsibility of all Manitobans in protecting it for future generations."

The act is designed to protect water at the source, complementing the Drinking Water Safety Act that was passed in 2002 and designed to protect water at the tap. The legislation would also bring together under one act a number of the government’s water protection initiatives, such as restrictions on on-site sewage disposal.

The Water Protection Act would enshrine water quality standards, objectives and guidelines into legislation and allow decisions made under the Environment Act to be consistent with these standards. The first standard to be introduced under the act would relate to the treatment of municipal waste.

Ashton said that an important part of the proposed legislation would allow water quality management zones to be established. The act would also establish watershed planning authorities that would develop watershed management plans. Municipal councils would be required to consider water management plans and water management zones in making planning and development decisions.

Other components of the legislation include:

• promoting water conservation;
• limiting certain activities that deteriorate water quality;
• permitting the declaration of a serious water shortage in the event of drought;
• introducing whistleblower protection;
• establishing a new Water Stewardship Fund to support water projects and research; and
• creating a new Water Council to advise government.

The legislation also aims to protect Manitoba from foreign biota and reaffirms Manitoba’s support for the 1909 Boundary Waters Treaty that addresses trans-boundary water issues between Canada and the U.S. It also strengthens Manitoba’s opposition to the proposed Devils Lake Outlet project in North Dakota.

The Water Protection Act would entrench the government’s commitment to engaging and consulting Manitobans on how best to address water stewardship issues. The Manitoba Water Council would be an important consultative mechanism on provincewide issues. Consultation would also be required in the development of local watershed management plans and regulatory measures under the act.

Ashton said the Water Protection Act is designed to protect Manitoba’s water resources while recognizing the social and economic requirements of ensuring a sufficient supply of high quality water in the future. "The legislation provides us the tools to better protect Manitoba’s water resources into the future."

The minister noted that Canadians are the second highest per capita consumers of water in the world at a rate of about 343 litres a day per person. Manitobans are some of the higher per capita users in Canada. In Winnipeg alone, just over 400 litres per person per day is used. "Clearly, all Manitobans can do more to conserve water and this legislation provides us with the tool to promote conservation efforts in the province."

Ashton also noted that Canada stewards approximately 20 per cent of the world’s stock of fresh water. Approximately 13 per cent of Canada’s fresh water enters into, and drains through, Manitoba into Hudson Bay.

The minister noted that the Water Protection Act and the Safe Drinking Water Act follow from Manitoba’s Water Strategy, released in April 2003. The strategy is based on improved planning, stronger legislation and increased investment. In preparing the strategy, the government formed a steering committee representing more than 12 groups including municipal, environmental, corporate, natural resources, agricultural and First Nations interests.

"As part of our overall strategy to improve water quality, our government has taken a number of measures to improve water protection in the province including the establishment of the Office of Drinking Water, the hiring of 12 new drinking water officers and provision of enhanced training programs for operators of water and waste water systems," said Ashton.

Last fall, Premier Gary Doer announced the establishment of the only separate water department in Canada.

"The establishment of the Department of Water Stewardship is a clear indication of our commitment to meet the many challenges we face as we implement our vision for water in Manitoba," said Ashton.

- 30 -

• The Water Protection Act states that water is critical to the environmental, economic and social well-being of Manitoba now and in the future. The act proposes to enshrine water quality standards, objectives and guidelines.
• The legislation is designed to protect Manitoba’s water resources while recognizing the social and economic requirements of ensuring a sufficient supply of high quality water in the future.
• The purpose of the act is to protect and promote the stewardship of Manitoba’s water resources and aquatic ecosystems.
• It outlines the right of people to report in good faith and without interference or harassment what they believe to be violations of the act.
• The legislation provides for tougher fines and penalties consistent with The Drinking Water Safety Act and The Environment Act.
• The legislation fulfils the commitment made in the Throne Speech Nov. 20, 2003, which stated: "A Water Protection Act would be introduced, setting standards for sustainable practice and establishing new targets for water quality across Manitoba."

The new act complements The Drinking Water Safety Act and provides for the protection and conservation of water sources. The two acts would provide for the protection and stewardship of water in Manitoba from source to tap.

The five key areas of The Water Protection Act are:

1. Water protection measures – This would give government the authority to make regulations:

• The legislation aims to protect Manitoba from foreign biota from projects such as the Devils Lake Outlet project in North Dakota by reaffirming Manitoba’s support for the 1909 Boundary Waters Treaty that oversees trans-boundary water issues between Canada and the U.S.

2. Watershed planning - making regulations to govern the preparation, content, approval, authority and implementation of watershed management plans and to designate watershed planning authorities. Conservation districts and other designated watershed authorities would have the ability to incorporate water plans into municipal development plans.

3. Establishment of the new Manitoba Water Council - The council would:

4. Establishment of a Water Stewardship Fund – The fund would provide grants and help to lever funding from other sources, in partnership with other governments and stakeholders:

• Amendments to The Water Rights Act to require the consideration, establishment and application of in-stream flow and lake reserves to protect the aquatic ecosystem and The Ground Water and Water Well Act to control the construction and decommissioning of groundwater wells and provide for the certification of well drillers.
• The Water Protection Act and The Drinking Water Safety Act (proclaimed in 2004) build on the concepts outlined in the Manitoba Water Strategy announced in April of 2003.
• Three action areas of the strategy are improved planning, stronger legislation and increased investment. A water strategy steering committee—representing more than 12 interest groups including municipal, environmental, corporate, natural resource, agriculture and First Nations interests—contributed to the development of the strategy.

The Water Protection Act would establish water quality standards, objectives and guidelines as part of continuing efforts to reflect the value of this resource.

The legislation is amongst the first of its kind in Canada and is designed to protect Manitoba’s water resources while recognizing the social and economic requirements of ensuring a sufficient supply of high quality water in the future.

Highlights of actions taken as part of Manitoba’s Water Strategy include:

• Drinking water resources, infrastructure and legislation: To protect the quality of drinking water, 12 new drinking water officers are in place throughout the province and a new Office of Drinking Water is in place. A total of $40 million has been invested in drinking water and sewer infrastructure and new drinking water legislation is in place to address issues from source to tap.
• Stronger livestock regulations and monitoring: New regulations will include requirements for all above ground storage tanks, annual water sampling and the regulation of between 600 and 800 additional operations. Nutrient application will be restricted in vulnerable areas.
• Action to protect Lake Winnipeg:
• To begin the task of reducing nutrient levels in Lake Winnipeg, new sewage and septic field regulations have been passed to restrict sewage and septic installations based on soil type, slope and proximity to water.
• The Riparian Tax Credit encourages riverbank protection and soil testing awareness programs have been introduced.
• Nutrient management is also being built into the environmental licensing process for municipal sewage treatment facilities consistent with the recommendations of the Clean Environment Commission.
• A Lake Winnipeg stewardship board is in place to advise on ways to protect the lake.
• Expanding conservation districts: These districts reflect local conservation approaches to watershed management and have been expanded from nine to 16 across the province.
• Building scientific knowledge: Includes completing the Assiniboine River study on the health of the river, a nutrient management study on the health of the Red and Assiniboine rivers and the south basin of Lake Winnipeg, and research into the sources of occasional high levels of E. coli at some Lake Winnipeg beaches.
• Manitoba water quality standards, objectives and guidelines have been updated to become among the most comprehensive in the nation for water protection.

The Water Protection Act builds upon the Manitoba Water Strategy, announced in April of 2003, which set out plans to protect the province’s water from source to tap while meeting the needs of all Manitobans. In August of 2002, the provincial government passed The Drinking Water Safety Act that is designed to protect drinking water in Manitoba.

Both acts are based upon the strategy which called for improved planning, stronger legislation and increased investment. As part of the strategy formation, the government created the water strategy steering committee representing several stakeholder groups including municipal, corporate, natural resource, agriculture and First Nations interests.