Indigenous Majority-Owned Wind Power Licensing
Environment Assessment and Licensing Process Associated with Manitoba Hydro's Call for Wind Power Development
Environment Act Licence Proposal Submission
Manitoba Hydro has begun a procurement process for Indigenous majority-owned wind power projects in Manitoba. Projects selected by Manitoba Hydro will be subject to the environmental assessment and licensing process under The Environment Act if they generate the following amounts of power:
- Class 2 development licence - capacity between 10 and 100 megawatts
- Class 3 development licence - capacity exceeds 100 megawatts
The Manitoba’s Environmental Assessment (EA) process is an opportunity to assess the risks of the proposed project on the environment and public health to identify ways to prevent harmful effects from occurring. The EA aims to provide a high level of environmental protection and ensures appropriate measures are in place to avoid or reduce potential environmental and public health impacts before decisions are made.
Excluded Areas
Project area land will exclude provincial and federal parks, protected and conserved areas as defined in the Canadian Protected and Conserved Areas Database including wildlife management areas, provincially significant peatlands, park reserves, and provincial forests. Areas in proximity to known archeological sites, rare or endangered species, migratory bird nesting sites and bat habitat will comply with federal and provincial legislation and regulations as well as industry practices for setbacks.
Submission of Intent to Apply and Environment Act Proposal Process
1.Pre-proposal stage
Proponents prepare their proposal for departmental submission. Proponents must engage with Indigenous Nations and communities early in planning and confirm the list of communities with the Environmental Approvals Branch (EAB) at EnvironmentConsultation@gov.mb.ca. Upon request, EAB will provide written confirmation verifying the appropriate Indigenous Nations and communities that proponents must engage for their project.
Intent to Apply submission
When the project is selected by Manitoba Hydro, the project proponent will submit a completed Intent to Apply form to the Environmental Approvals Branch. The Intent to Apply form will be available soon.
Once received, this form is checked for completeness, and the proponent may be required to submit additional information. EAB can start Crown-Indigenous consultations as required earlier, before a formal request for an Environment Act Licence is made. The Intent to Apply form should be submitted at least 18 months before the anticipated licensing decision date to avoid delays.
The Government of Manitoba recognizes its legal duty to consult in a meaningful way with First Nations, Métis and Inuit communities when any proposed provincial law, regulation, decision or action may infringe upon or adversely affect the exercise of an Aboriginal right or treaty right of a specific Indigenous community.
2. Application stage
The project proponent submits a complete Environment Act Proposal to the Environmental Approvals Branch. The assessment and licensing may take a minimum of 12 months, provided the proponent submits a complete Environment Act Proposal. This timeline ensures adequate time for public and provincial technical expert review and comment before licensing decisions are finalized. A complete Environment Act Proposal typically includes a cover letter, Environment Act Proposal form, supporting reports and plans, and an application fee. The proposal must be prepared following Environment Act Proposal Guidelines.
Proponents should contact the Environmental Approvals Branch early to discuss their draft proposals.
Wind Power Supplementary Guidelines provide specific information for wind power projects selected through Manitoba Hydro's procurement. The guidelines help improve the clarity and completeness of proposals.
Upon receipt of a proposal, a contact person will be assigned to help answer any questions that proponents or public might have. The proposal is checked for completeness, and the proponent may be required to submit additional information. The proposal will also further inform the Crown-Indigenous consultations that may be currently underway.
Once a complete proposal is received, a 30-day public engagement will begin, where the project proposal is posted on the department’s existing Public Registry for public review and input to inform any potential environmental concerns. A technical review by experts across government is also started to further assess potential environmental impacts. Based on these reviews, the proponent may be asked to provide additional information.
3. Licensing
At the conclusion of the environmental assessment process, a decision is made to either issue a licence with limits, terms and conditions, or to refuse a licence. Where a licence is refused, written reasons for the decision shall be provided to the proponent, the Minister, First Nations and Indigenous communities that were consulted on the project, and the public registry within such time as may be specified in the regulations. Where a licence is issued, First Nations and Indigenous communities that were consulted on the project will be notified, including a description of how what was learned during the consultation process informed the licensing decision.
The following example of timelines is for illustrative purposes only.
Licence Administration - Compliance and Enforcement
Clauses of an Environment Act Licence are legal requirements that are enforceable under the law. If a licence is issued, the compliance and monitoring stage begins.
Information Sources
Endangered species: Manitoba Conservation Data Centre
Archaeological resources: Manitoba Historical Resources Branch
Other Resources
Government of Canada guidelines:
Guidelines for wind turbine and weather radar siting - Canada.ca
Canadian Renewable Energy Association
Best-Practices-for-Wind-Farm-Icing-and-Cold-Climate_June2020.pdf
Contact
For more information on the process, contact the Environmental Approvals Branch at:
Address:
Director
Environmental Approvals Branch
Environment and Climate Change
Box 35, 14 Fultz Boulevard
Winnipeg MB R3Y 0L6
Phone No.: 204-945-8321
Email: EABDirector@gov.mb.ca
