The Manitoba Eco-Network (MbEN) is pleased to announce the release of our State of the Environmental Governance Report and Companion Document that provides an overview of relevant environmental laws in Manitoba.
The report fills a gap, as Manitobans have been without a fulsome analysis of the state of the environment from provincial sources, or comprehensive data sets since 1995 when the Province of Manitoba stopped releasing State of the Environment Reports.
Since there has been minimal data collected about the state of environmental governance in Manitoba since the last State of Environment report was published in 1997, it is difficult to provide a meaningful assessment of how environmental governance processes have changed in Manitoba (for better or worse) over time. Consequently, we pivoted to understand the state of Manitoba’s environmental governance framework – including:
- which departments have responsibility for key elements involved in decision-making;
- what opportunities exist for all stakeholders, particularly non-government and non-industry actors, play in decision-making processes; and,
- the barriers and opportunities for meaningful involvement moving forward.
The Manitoba Eco-Network has identified 8 reform recommendations with the potential to strengthen Manitoba’s environmental governance framework, enable more meaningful public engagement, and build better relationships with ENGOs.
Recommendation 1: The Government of Manitoba should undertake a comprehensive review of Manitoba’s environmental laws and policies and introduce reforms that align with UNDRIP, reflect best practices, and coordinate Manitoba’s governance approaches with those used in other Canadian jurisdictions, when appropriate. This modernization of the environmental governance framework should be undertaken in partnership with Indigenous rights holders and include opportunities for meaningful public participation, with funding, throughout the entire process.
Recommendation 2: The Government of Manitoba should adopt a more coordinated and comprehensive approach to environmental governance. This requires, but is not limited to:
- Adopting a new focus on the interconnectedness of environmental systems (e.g., cumulative impacts) and linkages between different regulatory requirements.
- More transparency about how the shared environmental responsibilities of different elected officials, regulatory tribunals, and Crown corporations fit together.
- Collaboration with other levels of government and Indigenous rights holders to coordinate legal and policy approaches.
Recommendation 3: The Government of Manitoba should formally recognize the citizens of
Manitoba as important stakeholders in provincial environmental governance processes through the adoption of an Environmental Bill of Rights (EBR). An EBR for Manitoba should include:
- Recognition of substantive rights (e.g., the right to a healthy environment),
- The creation of a specialized independent oversight position (e.g., Environmental Commissioner), with adequate funding to oversee and implement the EBR framework,
- Procedural rights that establish legal standing to initiate court proceedings against those who cause harm to the environment and violate citizens’ environmental rights.
Recommendation 4: The Government of Manitoba should reform environmental regulatory requirements to improve the transparency and accountability of decision-making processes. This should include the adoption of new legal mechanisms that require decision-makers to regularly (e.g., annually) publish more comprehensive data about environmental governance processes (e.g., environmental investigation and enforcement data).
Recommendation 5: The Government of Manitoba should develop stronger mechanisms that create opportunities for independent public reviews and coordinate oversight of the provincial environmental governance framework. This could include:
- Expanding the mandate of the Ombudsperson or Auditor General to include specific environmental responsibilities.
- Creation of a new independent oversight position, e.g., an Environmental Commissioner.
Recommendation 6: The Government of Manitoba should reform environmental governance processes to include best practice mechanisms that facilitate meaningful public engagement.
This should include legal mechanisms that require funding and other resources be made available to public participants to support their engagement.
Recommendation 7: The Government of Manitoba should offer more training and resources for public officials, administrative tribunals, and Crown corporations so they can more meaningfully engage with the public about environmental governance issues. This should
include specific resources for tribunals to facilitate public outreach, education, and support of public participants.
Recommendation 8: The Government of Manitoba should make more funding available to support the meaningful engagement of ENGOs in environmental governance processes. This should include, but is not limited to:
- Core funding,
- Resources to support ENGO capacity building,
- Specific funding to support policy advocacy activities, regulatory reform research, and the delivery of environmental legal services.
Read the full State of the Environmental Governance report.
Read the full State of Environmental Governance: Overview of Relevant Statutes in Manitoba Companion Document (Originally released November 6, 2024. Updated: November 22, 2024).
Read Addendum #1, which was necessitated by the November 13, 2024 Government of Manitoba Cabinet shuffle.
*This report was completed with support from the Winnipeg Foundation. Without these resources, this project could not have happened. We also thank funders of past projects, such as the Manitoba Law Foundation and the Manitoba Research Alliance, from which we gained experience and community insights that helped shape this project. We aspire for all environmental reform projects to be funded and supported as we have been, which will enable meaningful change and healing for all who share this land.
