The Manitoba Clean Environment Commission is required to observe several acts and regulations in performing it's mandate.
Created under Section 6 of The Environment Act (1988) the Manitoba Clean Environment Commission ) provides a mechanism through which the public can participate in the environmental review process in Manitoba. The Commission also provides advice and recommendations to the government with respect to environmental issues and licensing matters.
The Participant Assistance Regulation 125/91 facilitates the provision of funds
to interested parties to assist in their representation at public environmental hearings. The distribution of funds is recommended by a Participants Assistance Review Committee of the Clean Environment Commission to the Minister of Sustainable Development. The Minister issues a provisional order and the Proponent provides the funding.
As prescribed in The Contaminated Sites Remediation Act, passed in 1996, the Clean Environment Commission has certain responsibilities whereby the hearing process can be invoked in order to review questions of liability for the remediation of contaminated sites. The Commission can also be called upon to mediate disputes respecting the apportionment of remediation costs. Finally, under this legislation the Commission can be asked by the Minister of Sustainable Development to provide advice and recommendations regarding proposed contaminated site remediation plans. Procedures have been developed by the Commission to conduct such hearings.
As set out in Section 16(4)(d) of The Drinking Water Safety Act, passed in 2004, the Minister may request advice and recommendations regarding an appeal of an order.
The Sustainable Development Act was proclaimed in 1997 and applies to all government departments and related activities, including Crown corporations. The act sets out Principles and Guidelines for sustainable development as well as requires the development of an implementation strategy. In reviewing proposals, the Clean Environment Commission must take into account these principles and guidelines, especially when reviewing Crown sponsored projects.
These Process Guidelines have been prepared to provide information on how business will be conducted at the public hearings convened by the Manitoba Clean Environment Commission. They are intended to ensure that the hearings remain fair and open forums for the exchange of information and ideas, and that they provide a full opportunity for public involvement in the environmental management process in Manitoba. The Guidelines and associated Practice Directions identify the different parties involved in a hearing and their respective responsibilities.