Brief Synopsis of the Regulation

The purpose of the Nutrient Management Regulation is to protect water quality by encouraging responsible nutrient planning and by regulating or prohibiting:

1. the application to land of substances containing nitrogen or phosphorus; and
2. the development of certain types of nutrient generating facilities in environmentally sensitive areas.

The regulation is drafted in 26 clauses and organized in 7 parts.

Part 1 contains general definitions used throughout the regulation, several clauses to provide greater certainty of interpretation, and the regulation’s purpose.

Part 2 sets out six water quality management zones. Zones N1 (Canada Land Inventory (CLI) class 1, 2 or 3 lands other than those bearing an "M" limitation), N2 (CLI class 3 lands bearing an "M" limitation, class 4 and 5 lands except 5M if irrigated), and N3 (CLI class 5 lands not captured in zone N2) are productive agricultural lands. Zone N4 (CLI class 6 and 7 lands and unimproved organic soils) is comprised of sensitive lands that should not receive applications of nutrients (although grazing by livestock is still allowed). Zone N5 is comprised of urban and built-up areas, and the Nutrient Buffer Zone describes set-back areas from lakes, reservoirs, streams, rivers, and drains. Part 2 also includes clauses requiring the director to provide zoning information to owners or occupiers of land on request and it provides a review mechanism in cases where there may be a disagreement with the zoning information.

Part 3 sets out restrictions on the soil nitrate-nitrogen limits and phosphorus thresholds in each of the six water quality management zones. Timelines are also established when various components come into effect.

Part 4 prohibits the siting of new structures such as manure storage facilities, wastewater treatment lagoons, confined livestock feeding areas, or septic fields in areas defined as Zone N4. Part 4 also includes a provision to allow regional sustainability assessments to be undertaken. Recommendations can be made to government if further actions arising from the regional sustainability assessments are necessary.

Part 5 sets out the process for filing nutrient management plans along with the minimum content of plans. Filing of nutrient management plans is mandatory for golf courses and where existing activities want to continue to operate in Zone N4. Part 5 also includes a review procedure for cases where there may be a disagreement on the content of a nutrient management plan. Guidelines for Nutrient Management Plans will be developed in consultation with Keystone Agricultural Producers, Manitoba Golf Superintendents Association, Manitoba Agriculture, Food and Rural Initiatives, Manitoba Conservation, and others on the detailed content of nutrient management plans and will be published separately.

Part 6 sets out procedures for applying for transitional orders in cases where existing activities need to continue in Zone N4 and in the nutrient buffer zone to avoid serious economic hardship.

Part 7 sets out appeal mechanisms to the Minister.