A business operator is protected from nuisance liability for odour if the business complies with specified laws and permits; if a claim is made, the plaintiff or claimant must prove a relevant violation.
The Nuisance Act, C.C.S.M. c. N120 bilingual version (HTML) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "business" means any business, industry, undertaking, profession, process or operation, other than an agricultural operation under The Farm Practices Protection Act , carried on for gain or reward or the hope or expectation of gain or reward; (« entreprise ») "land use control law" means any Act of the Legislature, regulation, planning scheme or by-law that restricts or prescribes the use to which land or premises may be put or the nature of businesses that may be carried on on any land or premises. (« loi régissant l'usage d'un bien-fonds ») S.M. 1992, c. 41, s. 16 . Relief from nuisance for odour 2 A person who carries on a business and who, in respect of that business, does not violate (a) any land use control law; (b) The Public Health Act ; (c) any regulation under The Public Health Act that deals specifically with the carrying on of that class or type of business; (d) The Environment Act ; (e) an order or licence made or issued under The Environment Act in respect of the business; or (f) any regulation under The Environment Act that deals specifically with the carrying on of that class or type of business; is not liable in nuisance to any person for any odour resulting from the business and shall not be prevented by injunction or other order of a court from carrying on the business because it causes or creates an odour that constitutes a nuisance. S.M. 2010, c. 33, s. 42 . Onus of proof 3 Where a plaintiff or claimant in an action or proceeding against a person who carries on a business claims (a) damages in nuisance for an odour resulting from the business; or (b) an injunction or other order of a court preventing the carrying on of the business because it causes or creates an odour that constitutes a nuisance; the onus of proving that the defendant violated any land use control law, or any Act, regulation, order or licence set out in section 2 lies on the plaintiff or claimant. S.M. 2010, c. 33, s. 42 .