Burning of Crop Residue and Non-Crop Herbage Regulation

Burning of Crop Residue and Non-Crop Herbage Regulation, M.R. 77/93 The Environment Act , C.C.S.M. c. E125 Regulation 77/93 Registered April 8, 1993 bilingual version (HTML) Table of Contents Section INTERPRETATION AND APPLICATION 1 Definitions 2 Application and exemption DELEGATION BY MINISTER 3 Minister may delegate BURNING OF CROP RESIDUE BETWEEN AUGUST 1 AND NOVEMBER 15 4 Prohibition 5 Establishment and effective date of burning periods BURNING OF CROP RESIDUE BETWEEN NOVEMBER 16 AND JULY 31 6 Prohibition 7 Order of minister PERMITS 8 Permits BURNING OF NON-CROP HERBAGE AND RESIDUE OF FORAGE CROPS GROWN FOR SEED 9 Prohibition on burning non-crop herbage ENFORCEMENT 10 Order of environment officer 11 Certificate of evidence INTERPRETATION AND APPLICATION Definitions 1(1) In this regulation, "Act" means The Environment Act ; («  Loi  ») "burning period" for a municipality means a burning period under section 5; (« période de brûlage ») "crop" means a crop grown on the land other than a forage crop grown for seed or a crop of trees; (« culture ») "crop residue" means (a) straw, stubble or chaff from a crop, or (b) the remains of a crop that is not harvested; (« résidus de culture ») "highway" means any public road, street or lane intended for the passage of vehicles and any bridge or structure forming part thereof; (« route ») "municipality" means (a) a municipality incorporated by or under an Act of the Legislature, other than the City of Winnipeg, (b) a local government district, or (c) an Indian Reserve, that is included in a zone; (« municipalité ») "non-crop herbage" means herbaceous vegetation, other than a crop, and includes the remains of that vegetation; (« herbages naturels ») "occupier" means (a) a tenant or a person who is in possession or occupation of land, or (b) in the case of Crown land, a person shown in the records of the department of the government administering the land as having an estate or interest in the land; (« occupant ») "owner" means (a) a person registered under The Real Property Act as the owner of an estate in fee simple or a life estate in land, (b) a person who is the owner of an estate in fee simple or a life estate in land under The Registry Act ; (c) where land is under The Real Property Act , a purchaser of the land who has filed a caveat, in the land titles office for the district in which the land is situated, against the land claiming an interest in the land as purchaser, or (d) where land is under The Registry Act , a purchaser of the land who has registered an agreement for sale in the registry office for the district in which the land is situated; (« propriétaire ») "residue of a forage crop grown for seed" means (a) straw, stubble or chaff from a forage crop grown for seed, or (b) the remains of a forage crop grown for seed that is not harvested; (« résidus de culture fourragère cultivée pour la semence ») "sunrise" and "sunset" mean (a) in the case of the Northwest Zone, the hour and minute of sunrise and sunset in the Town of Dauphin, (b) in the case of the Southwest Zone, the hour and minute of sunrise and sunset in the City of Brandon, (c) in the case of the Westlake-Interlake Zone, the hour and minute of sunrise and sunset in the Hamlet of Ashern, and (d) in the Red River-Southeast Zone, the hour and minute of sunrise and sunset in the City of Winnipeg, as determined by Environment Canada; (« lever du soleil » et « coucher du soleil ») "zone" means a zone established under subsection 1(2). (« zone ») 1(2) For the purpose of this regulation, the zones identified as the Northwest Zone, Southwest Zone, Westlake-Interlake Zone and Red River-Southeast Zone and consisting of the municipalities and having the boundaries set out in the Schedule are hereby established. 1(3) In a particular provision of this regulation, "publish" means disseminate in the manner specified in that provision. Application and exemption 2(1) This regulation applies in municipalities. 2(2) An owner or occupier of land is exempted from this regulation in respect of the burning of crop residue that is (a) a straw accumulation the area of which does not exceed one acre; (b) a harvested or unharvested windrow that does not exceed 6 ft. in width and 100 ft. in length and that remains in a field; (c) a bale that is accidentally broken; or (d) a pile of straw that (i) results from the momentary stopping of a combine, or (ii) consists of straw that plugged up seeding or tilling equipment and was removed from it; if (e) the straw accumulation, windrow, bale or pile of straw impedes tilling or seeding operations of the owner or occupier; (f) the burning occurs while the owner or occupier is engaged in tilling or seeding operations on the land; and (g) no more than three straw accumulations, windrows, bales or piles of straw with a combined area not exceeding one acre are burned at any one time. 2(3) In subsection (2), "straw accumulation" means an accumulation of straw caused by the action of wind, rain or water. DELEGATION BY MINISTER Minister may delegate 3(1) The minister (a) may appoint any employee of the government as his or her delegate for the purpose of exercising any power assigned to the minister under this regulation; (b) may appoint one or more other employees of the government to act as alternate delegates; and (c) shall, if two or more alternate delegates are appointed, rank them in the order in which they are permitted to act as alternate delegates. 3(2) An alternate delegate is entitled to act in the place of the delegate when the original delegate is absent or unable or unwilling to act. BURNING OF CROP RESIDUE BETWEEN AUGUST 1 AND NOVEMBER 15 Prohibition 4(1) The owner or occupier of land shall ensure that no crop residue is burned in the open air in the period beginning August 1 and ending November 15 of the same year except as permitted under subsection (2) or authorized by permit under section 8. 4(2) The owner or occupier of land or a person authorized by the owner or occupier of the land may burn crop residue in the open air in the period commencing August 1 and ending November 15 of the same year if (a) the land is in a municipality in respect of which a burning period has been established; (b) the burning begins and ends in the burning period; (c) the burning is supervised by the owner or occupier or a person authorized by the owner or occupier and that person ensures that all precautions that are reasonably necessary to protect persons and the property of others from the fire are taken, including ensuring that the area in which the burning takes place is surrounded (i) by a fireguard consisting of a strip of land that is tilled or substantially free of readily combustible matter, (ii) by natural or man-made barriers, or (iii) by a combination of (i) and (ii), that are sufficient to prevent the spread of the fire; (d) the smoke resulting from the burning of crop residue or any non-crop herbage, whether by or under the authority of the owner or occupier or by any other person, (i) does not have the effect of reducing the visibility on a highway so as to create an unreasonable hazard to the safe operation of a vehicle on the highway if the person operating the vehicle takes reasonable precautions in response to the hazard; and (ii) does not pose an unreasonable hazard to the health of a person foreseeably affected by it if reasonable precautions to prevent injurious health effects are taken by or on behalf of the person. Establishment and effective date of burning periods 5(1) The minister may in respect of any day or days in the period beginning August 1 and ending November 15 of the same year, by order, establish for a municipality a burning period or periods that begin not earlier than 11:00 a.m and end not later than two hours after sunset of same day. 5(2) An order is not a regulation under The Regulations Act . 5(3) The minister shall (a) provide a 1-800 telephone number for each zone; and (b) publish a notice of the 1-800 number for each zone in a newspaper of general circulation in Manitoba at least one week before the day in a year on which the first order under subsection (1) comes into force. 5(4) An order comes into force on the hour and minute of its first publication by means of a recorded message accessible by dialing a 1-800 telephone number unless a later time is specified in the order. 5(5) An order may refer to a municipality by reference to the zone in which it is located. 5(6) Publication of an order by means of a recorded message accessible by dialing a 1-800 telephone number is notice of the order to all persons. 5(7) The minister shall make reasonable efforts to publish the order by other means such as facsimile transmission to government offices. 5(8) An order that is in force is irrevocable. BURNING OF CROP RESIDUE BETWEEN NOVEMBER 16 AND JULY 31 Prohibition 6(1) The owner or occupier of land shall ensure that no crop residue is burned in the open air in the period beginning November 16 and ending July 31 of the following year except as permitted under subsection (2) or authorized by permit under section 8. 6(2) The owner or occupier of land or a person authorized by the owner or occupier of the land may burn crop residue in the open air in any area, other than a municipality designated under subsection 7(1), in the period beginning November 16 and ending July 31 of the following year if (a) the burning begins not earlier than sunrise of one day and ends not later than sunset of the same day; (b) the burning is supervised by the owner or occupier or a person authorized by the owner or occupier and that person ensures that all precautions that are reasonably necessary to protect persons and the property of others from the fire are taken, including ensuring that the area in which the burning takes place is surrounded (i) by a fireguard consisting of a strip of land that is tilled or substantially free of readily combustible matter, (ii) by natural or man-made barriers, or (iii) by a combination of (i) and (ii), that are sufficient to prevent the spread of the fire; (c) the smoke resulting from the burning of crop residue or any non-crop herbage, whether by or under the authority of the owner or occupier or by any other person, (i) does not have the effect of reducing the visibility on a highway so as to create an unreasonable hazard to the safe operation of a vehicle on the highway if the person operating the vehicle takes reasonable precautions in response to the hazard; and (ii) does not pose an unreasonable hazard to the health of a person foreseeably affected by it if reasonable precautions to prevent injurious health effects are taken by or on behalf of the person. Order of minister 7(1) Where the minister is of the opinion that the circumstances in a municipality warrant that the burning of crop residue otherwise permitted under subsection 6(2) not be permitted in the municipality, the minister may make an order designating that municipality for a period of time specified in the order. 7(2) An order is not a regulation under The Regulations Act . 7(3) An order comes into force six hours after it is first published by broadcast by radio or television or publication in a newspaper of general circulation in the area in respect of which the order is made unless a later date is specified in the order. 7(4) An order may refer to a municipality by reference to the zone in which it is located. 7(5) Publication of an order in accordance with subsection (3) is notice to all persons. 7(6) The minister shall make reasonable efforts to publish the order by means other than that by which the order was first published. PERMITS Permits 8(1) Where the minister is of the opinion that unusual circumstances warrant permitting a person to burn crop residue when it is prohibited under section 4 or 6, the minister may, on application by an owner or occupier of land, issue a permit to burn crop residue on that land subject to such terms or conditions as the minister considers advisable and sets out in the permit. 8(2) The minister may amend, vary, suspend or revoke a permit on notice that is served personally or by registered mail on the holder of the permit. BURNING OF NON-CROP HERBAGE AND RESIDUE OF FORAGE CROPS GROWN FOR SEED Prohibition on burning non-crop herbage 9 No person shall burn the residue of a forage crop grown for seed or non-crop herbage except between sunrise and sunset of the same day. ENFORCEMENT Order of environment officer 10(1) Where in the opinion of an environment officer section 4, 6 or 9 or the terms or conditions of a permit under section 8 have been or are likely to be contravened, the environment officer may make an order requiring the owner or occupier of the land in respect of which a contravention has occurred or is likely to occur to take one or more of the following actions, as specified in the order: (a) extinguish any fire resulting from the burning of crop residue, the residue of a forage crop grown for seed or non-crop herbage in the open air within the time specified in the order; (b) until a time specified in the order (i) refrain from burning, or authorizing the burning of crop residue, the residue of a forage crop grown for seed or non-crop herbage in the open air, and (ii) without delay extinguish any other fire resulting from the burning of crop residue, the residue of a forage crop grown for seed or non-crop herbage in the open air. 10(2) An order must, where reasonably possible, be in writing and served personally on the owner or occupier of the land or by leaving a copy with an adult person at the residence of the owner or occupier. 10(3) An order that is not in writing shall be reduced to writing as soon as reasonably possible after it is made. 10(4) If (a) an owner or occupier is served with an order in accordance with subsection (2) and fails to comply with it within the time specified; (b) the owner or occupier cannot be served after reasonable efforts have been made; or (c) the environment officer is of the opinion that circumstances warrant action without service on the owner or occupier; the environment officer may direct any person to enter on the land and do any of the acts that are required by the order to be done and that person, while so engaged, may enter on the land of the owner or occupier without committing a trespass. 10(5) The minister may charge the costs of the work done under subsection (4) against the owner or occupier against whom the order was made and may recover the costs or the balance of the costs as a debt due to the Crown. 10(6) Any owner or occupier against whom an order is made may recover his or her costs of complying with the order or costs of the work charged against that owner or occupier under this section, from any other person who, through their fault or negligence, or that of others for whom they are responsible, caused or contributed to the circumstances that gave rise to the order. Certificate of evidence 11 In a prosecution or proceeding under the Act or this regulation in which proof is required respecting (a) the hour and minute of sunrise or sunset in a zone; (b) the appointment of a delegate under section 3; (c) the making of an order under subsection 5(1), the provision of a telephone number and the publication of a notice under subsection 5(3), the time and day of the first publication of that order and the particulars of what was published by means of a recorded message accessible by dialing a 1-800 telephone number; (d) the making of an order under subsection 7(1) and the time, day and manner of its first publication and particulars of what was first published; (e) the issue of a permit under subsection 8(1), any amendment or variation of the permit, service of a notice under subsection 8(2) and particulars as to whether the permit was subsisting at a particular time or was suspended or revoked; (f) the issue of an order under subsection 10(1), the service of, the reasonable efforts to make service of, or the circumstances warranting action without service of, an order under subsection 10(1) and the giving of a direction under subsection 10(4); or (g) the costs of work done under subsection 10(5); a certificate purporting to be signed by an official of Environment Canada, in the case of clause (a), the minister, in the case of anything referred to under clauses (b) to (e) or (g), and an environment officer, in the case of anything referred to in clause (f) is admissible in evidence without proof of the signature or official character or qualifications of the official, minister or environment officer appearing to have signed the certificate and, in the absence of proof to the contrary, is conclusive proof of the statements contained in the certificate. SCHEDULE (subsection 1(2)) MUNICIPALITIES AND BURNING ZONES Indian Reserves (on map below) R.1 Dakota Tipi Indian Reserve 1 R.IB Peguis Indian Reserve IB R.2 Roseau River Indian Reserve 2 R.2A Roseau Rapids Indian Reserve 2A R.3 Fort Alexander Indian Reserve 3 R.4 Brokenhead Indian Reserve 4 R.5 Sandy Bay Indian Reserve 5 R.6 Long Plain Indian Reserve 6 R.6A Dakota Plains Indian Reserve 6A R.7 Swan Lake Indian Reserve 7 R.8 Indian Gardens Indian Reserve 8 R.36 Buffalo Point Indian Reserve 36 R.44 Fisher River Indian Reserve 44 R.44A Fisher River Indian Reserve 44A R.46 Dog Creek Indian Reserve 46 R.48 Little Saskatchewan Indian Reserve 48 R.49 The Narrows Indian Reserve 49 R.50 Fairford Indian Reserve 50 R.52 Ebb and Flow Indian Reserve 52 R.57 Birdtail Creek Indian Reserve 57 R.57A Birdtail Haylands Indian Reserve 57A R.58 Sioux Valley Indian Reserve 58 R.59 Oak Lake Indian Reserve 59 R.59A Oak Lake Indian Reserve 59A R.61 Keeseekoowenin Indian Reserve 61 R.61B Bottle Lake Indian Reserve 61A R.62 Lizard Point Indian Reserve 62 R.62A Fishing Station Indian Reserve 62A R.63 Gambler Indian Reserve 63 R.63A Valley River Indian Reserve 63A R.65C Swan Lake Indian Reserve 65C R.66A Pine Creek Indian Reserve 66A R.67 Rolling River Indian Reserve 67