Peatlands Stewardship Regulation

Peatlands Stewardship Regulation, M.R. 82/2015 The Peatlands Stewardship Act , C.C.S.M. c. P31 Regulation 82/2015 Registered June 11, 2015 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Fees 3 Application for peat exploration permit 4 Land exploration charge 5 Report re exploration 6 Application for peat harvesting licence 7 Peat management plans 8 Peat recovery plans 9 Notice of licence applications 10 Application fee, land reservations and insurance 11 Security 12 Records 13 Royalty 14 Volume calculation 15 Annual reporting and declaration 16 Fifth-year reporting 17 Renewal 18 Adding area to licence 19 Transfers or assignments of licence 20 Interest rate 21 Payment of outstanding amounts 22 Penalty amounts 23 Transition: fees for existing operations 24 Transition: peatland recovery plans 25 Transition: area included in licence 26 Coming into force Schedule INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Peatlands Stewardship Act . (« Loi ») "bulk peat" means the volume of material containing peat that is removed from Crown peatland. (« tourbe en vrac ») "description" means, in relation to an area of Crown peatland, a legal description of the area or a map, schematic or other form of spatial description acceptable to the director. (« description ») "donor site" means a site containing peat or other biological material that is to be used to restore, rehabilitate or reclaim Crown peatland. (« site donneur ») "licensee" means the person who holds a peat harvesting licence. (« titulaire de licence ») "sub-area" mean a sub-area of Crown peatland established under clause 7(a) by the holder of a peat harvesting licence. (« sous-zone ») Fees set in schedule 2(1) The amount of the prescribed fees payable under the Act and this regulation are as set out in the Schedule. 2(2) Fees paid under the Act and this regulation are non-refundable. PEAT EXPLORATION PERMITS Application for peat exploration permit 3 The information that a person must submit when applying for a peat exploration permit under section 9 of the Act includes (a) a description of the area of Crown peatland that the applicant seeks to explore for peat; and (b) details of the exploration activities the person intends to undertake in the area, including (i) the time of year exploration is to occur, (ii) the area and type of vegetation that may be removed or disturbed, (iii) how access the Crown peatlands will be obtained, and (iv) the equipment to be used in exploring for peat. Land exploration charge 4 Before being issued a peat exploration permit, a person must provide the amount of the land exploration charge specified in the Schedule. Report re exploration 5(1) The holder of a peat exploration permit must (a) keep records detailing the exploration activities carried out under the permit; (b) report to the director as soon as reasonably practicable if compliance with another enactment obligates the holder to suspend or cease exploring for peat on the Crown peatland; and (c) subject to subsection (2), within 60 days of the date the person ceases to hold the permit, submit a report in the approved form to the director that sets out (i) a description of the area of Crown peatland that the holder explored for peat, (ii) a summary of the exploration activities performed in the area, including the dates when the activities began and ended, and (iii) a summary of the findings, including the area's hydrology, the species of plants and animals present, the estimated volume of peat within the area and the distribution of peat, by depth. 5(2) A holder who files a report under clause 6(1)⁠(a) is not required to submit a report under clause (1)⁠(c). 5(3) The holder must maintain the records required under subsection (1) for at least six years after the permit ceases to be valid. PEAT HARVESTING LICENCES Application for peat harvesting licence 6(1) When applying for a peat harvesting licence under subsection 18(1) of the Act, the holder of a peat exploration permit must submit (a) a report that contains the content required under clause 5(1)⁠(c); and (b) a description of the area of Crown peatland for which the applicant seeks the licence. 6(2) The area set out in the licence application must include any area of Crown peatland that may be subject to perimeter disturbances or used as a donor site. Content of peatland management plan 7 A proposed peatland management plan must set out (a) the area to be included in the peat harvesting licence, broken down into sub-areas; (b) the area of each sub-area, measured in hectares; (c) the harvesting schedule for the sub-areas, including the order in which harvesting operations will progress from one sub-area to another; (d) a summary of the activities to be performed in each sub-area in order to prepare it for peat harvesting, including any drainage works and works relating to accessing the sub-area; (e) the estimated volume of bulk peat to be harvested in each sub-area and in each year within the management plan; (f) the location of the processing facility where the bulk peat harvested will be processed, and if more than one processing facility will be used, the portion or amount of the bulk peat that will be processed by each; (g) the protocols to be followed (i) in the event of fire, or (ii) if species at risk, heritage sites or cultural features are found on or under the surface of the Crown peatland; and (h) the environmental, social and economic objectives the applicant will seek to attain in carrying out harvesting operations; (i) the manner and method of communicating with Aboriginal and local communities in matters related to the implementation of the management plan. Content of peatland recovery plan 8 A proposed peatland recovery plan must set out (a) the baseline information respecting the area of Crown peatland to be specified in the licence, including the area's hydrology and species of plants and animals present, as determined from the exploration activities carried out in the area; (b) in relation to the harvesting activities to be carried out under the proposed management plan for the area, (i) the type of recovery activities — being restoration, rehabilitation or reclamation — proposed to be undertaken when the harvesting activities cease, (ii) the closure plan for removing any structures, drainage works and works relating to accessing the peat and the Crown peatland, (iii) the protocols to be followed for dealing with donor sites, if any, (iv) the performance measures or indicators to be used to assess the recovery activities, (v) time-lines for implementing the recovery activities and closure plans; and (c) the manner and method of engaging Aboriginal and local communities in carrying out the recovery plan, if any. Notice of licence applications 9 When an application for a peat harvesting licence is received, the director must post the following on a government website that is accessible by the public: (a) a summary of the application, prepared by the applicant and in the form and containing the information approved by the director; (b) notice that comments may be made concerning the application; (c) notice of the manner and time period for making comments, which must not be less than 30 days after the summary is posted. Application fee, land reservation and insurance 10(1) An applicant for a peat harvesting licence must provide (a) the application fee specified in the Schedule; and (b) proof satisfactory to the director that the applicant has a liability insurance policy in respect of the licensee's peat harvesting in an amount of at least $2,000,000. 10(2) Before being issued a peat harvesting licence, a person must provide the amount of the land reservation charge specified in the Schedule. 10(3) If, during the first year of the term of a peat harvesting licence, the licence is valid for less than 12 months, then the land reservation charge for that year is to be prorated on the basis of the number of months, full or part, in the year that the licence is valid. 10(4) During the second year of the term of a peat harvesting licence, and every year after that, the annual land reservation charge is due and payable on or before March 1 of that year. 10(5) For certainty, the annual land reservation charge applies to the whole of the area of Crown peatland specified in the licence. Security 11(1) The security required to be provided in respect of a peat harvesting licence is the amount set out in the Schedule. 11(2) A licensee must provide the required security for a sub-area, in the form approved by the director, before any activity under the peat harvesting licence begins in the sub-area. 11(3) The director must release all or part of the security provided in respect of a sub-area if satisfied that the licensee has undertaken and completed the activities set out in the approved peatland recovery plan for the sub-area. Records 12(1) A licensee must maintain records respecting (a) the volume of bulk peat harvested; (b) the transfers of bulk peat, by sale or otherwise, to each processing facility to which any of the bulk peat is transferred; (c) if the licensee acquired any amount of peat, whether processed or bulk, in any manner other than by harvest from the area of Crown peatland specified in the licence, (i) the identity of the person or persons from whom it was acquired, and the amount acquired from each person, and (ii) the disposition of that peat; and (d) activities carried out under the applicable peatland recovery plan, including costs incurred by the licensee for those activities. 12(2) The licensee must maintain a record required under subsection (1) in an approved form and for a period of at least six years from the date a record is made. Royalty 13(1) In respect of the peat harvested under a peat harvesting licence, the royalty under section 33 of the Act is $0.15/m 3 of peat. 13(2) A royalty is due and payable on March 1 following the year in respect of which the royalty is payable. 13(3) The director may, on receiving an application in the approved form and on being satisfied that the peat harvested is used for public purposes, exempt a specified volume of bulk peat from being subject to the royalty under section 33 of the Act. M.R. 25/2026 Calculating volume of peat in bulk peat 14(1) The director may establish a formula to be used for ascertaining the volume of peat contained in a volume of bulk peat. 14(2) For the purpose of determining the royalty payable under subsection (1), the holder of a peat harvesting licence must use the formula established by the director for ascertaining the volume of peat in the applicable bulk peat. Annual reporting and declaration 15(1) A licensee must submit an annual report to the director, in the approved form, on or before February 15 of the year following the year to which the report relates. 15(2) An annual report must set out (a) the date when activities within each sub-area began and the date activities within any particular sub-area was suspended or ceased; (b) the total area harvested within each sub-area and the commutative total area harvested under the licence; and (c) the information under clauses 12(1)⁠(b) to (d), for the 12 month period covered by the report. 15(3) At the time of filing the annual report, a licensee must submit to the director a statutory declaration signed by the licensee declaring the volume of bulk peat harvested from the area included in the peat harvesting licence during the 12 months covered by the annual report. The total volume must be broken down into the volume harvested in each three-month quarter of the year. 15(4) The statutory declaration must also set out the licensee's use of the formula approved under subsection 14(1) for ascertaining the volume of peat within the bulk peat harvested. Fifth-year reporting 16(1) For each five years during the term of a licence, the licensee must prepare a report that contains (a) an assessment of the impacts and outcomes of harvesting on area of Crown peatland specified in the licence, in relation to the impacts and outcomes specified in the approved peatland management plan and peatland recovery plan for the area; and (b) a statement of any amendments or modifications to the peatland management plan or peatland recovery plan sought by the licensee. 16(2) A report under this section must be filed in an approved form with the director on or before February 15 of the year following the last of the years to which the report relates. Renewal of peat harvesting licence 17(1) To make an application to renew a licence, a licensee must submit the following to the director: (a) an application fee as set out in the Schedule; and (b) an updated peatland management plan and peatland recovery plan. 17(2) An application for renewal of a licence must be made two years before the expiry of the licence. A licencee who files an application after that date must pay a late filing fee of $150, and no renewal is to be issued until the late filing fee is received. Adding area to peat harvesting licence 18 No application may be made to add an area of Crown peatland to an existing peat harvesting licence, but when issuing a new licence, the director may, at his or her discretion, consolidate the area of Crown peatland to be specified in a new licence with the area specified in an existing licence held by the same licencee, if satisfied the two areas are contiguous or in reasonable proximity to one another. GENERAL Transfer or assignment of peat harvesting licence 19(1) A licensee who proposes to transfer or assign its peat harvesting licence must make application to the director in the approved form. 19(2) In considering the application, the director must consider (a) whether the past or present conduct of the following persons affords reasonable grounds for belief that the person who is proposed to become the licence holder will carry out the activities authorized by the licence, the applicable peatland management plan and applicable peatland recovery plan in accordance with the Act and Regulation: (i) if the licence is proposed to be transferred or assigned to an individual, the individual, (ii) if the licence is proposed to be transferred or assigned to a corporation, the officers and directors of the corporation and each person who holds more than 10% of the equity shares of the corporation, (iii) if the licence is proposed to be transferred or assigned to a partnership, the partners; and (b) any other factor that the director considers relevant in the circumstances. Interest rate 20 The rate of interest on any unpaid amounts owing under the Act is to be calculated in accordance with section 3 of the Interest Rate Regulation , Manitoba Regulation 85/2012. Payment of amounts determined to be outstanding 21 If an error is discovered that results in a person failing to pay all fees, royalties or other amounts that were owed, the person must immediately pay the outstanding amounts and any interest owed on the outstanding amounts from when those amounts were due. Penalty amounts 22(1) A person who fails to provide a report must pay a penalty of $50 for each month or part of a month the report remains outstanding. 22(2) A person who fails to pay an amount owning when it becomes due must pay a penalty that is the greater of $50 or 1% of the total amount owing for each month or part of a month the amounts remain outstanding, to a maximum of $5,000. TRANSITION Transition: land reservation and security and licence fees for existing operations 23(1) A person who is issued a peat harvesting licence under sections 57 or 59 of the Act must, (a) within 90 days of being issued the licence, (i) pay the annual land reservation charge, prorated on the basis of the number of months in the year, full or part, that the license is valid, and (ii) provide the director proof of insurance, as required under clause 10(1)⁠(b); (b) subject to subsection (2), within one year of being issued the licence, provide security in the amount set out in the Schedule, in respect of any area of Crown peatland specified in the licence that has been disturbed as a result of harvesting activities; and (c) within three years of being issued the licence, submit a proposed peatland management plan that meets the requirements of section 7 and a proposed peatland recovery plan that meets the requirements of section 8. 23(2) A licensee is not required to provide security for an area included in a licence if the director is satisfied the area has been rehabilitated in accordance with the closure plan approved for the area under The Mines and Minerals Act . Transition: peatland recovery plans 24 Until the director approves the proposed peatland recovery plan submitted under clause 23(1)⁠(c), the closure plan approved for the area of the applicable peat quarry lease is deemed to be the approved peatland recovery plan for that area. Transition: area included in licence 25 When issuing a peat harvesting licence under section 57 of the Act, the director may (a) consolidate the areas specified in two or more peat quarry leases held by the same person into one peat harvesting licence, where the areas of Crown peatland are contiguous or in reasonable proximately to each other; and (b) make reasonable adjustments in the area of Crown peatland specified in a licence to recognize appropriate boundaries for peat harvesting activities. COMING INTO FORCE Coming into force 26(1) This regulation, except sections 3 to 5, comes into force on the same day that section 1 of The Peatlands Stewardship and Related Amendments Act , S.M. 2014, c. 27, comes into force. 26(2) Sections 3 to 5 come into force on the same day that section 8 of The Peatlands Stewardship and Related Amendments Act , S.M. 2014, c. 27, comes into force. SCHEDULE (Sections 2, 10, 11, 17 and 23) Fees Application for peat exploration permit