Data-center law in Manitoba

C.C.S.M. c. P80, ss. 1, 68 and 147-148

Effective 2006-01-01 · Applies to both

A development under the Planning Act includes the construction of a building on, over or under land and a change in the use or intensity of use of a building or land. Unless the municipality is part of a planning district that has adopted a district-wide zoning by-law, a municipal council must adopt a zoning by-law that is generally consistent with the development plan by-law and any secondary plan by-law in effect in the municipality.

No development may take place unless a development permit has been issued in accordance with the applicable zoning by-law and the development complies with the permit. An application for a development permit is made to the board of the planning district in which the proposed development is located or, if it is not in a planning district, to the council of the municipality in which it is located.

The board or council may issue the permit if it is satisfied that the proposed development generally conforms with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. The board or council may review the application for a period of not longer than 60 days after it is submitted. The Act, except section 217, came into force on January 1, 2006.

Source: Full text of law

C.C.S.M. c. E125, ss. 1, 10-12; M.R. 164/88, ss. 2-4

Effective 1988-03-31 · Applies to both

A development under the Environment Act is any project, industry, operation or activity, or any alteration or expansion of one, that causes or is likely to cause the release of any pollutant into the environment, among other effects. No person may construct, alter, operate or set into operation a Class 1 development unless the person first files a proposal in writing with the department and obtains a license from the director, or is exempted.

No person may construct, alter, operate or set into operation a Class 2 development unless the person first files a proposal in writing with the department and obtains a license from the director, or is exempted. No person may construct, alter, operate or set into operation a Class 3 development unless the person first files a proposal in writing with the department and obtains a license from the minister, or is exempted.

Electrical generating facilities with a generating capacity greater than 10 megawatts but less than or equal to 100 megawatts, including commercial biofuel plants and steam plants, are Class 2 developments. Electrical generating facilities with a generating capacity greater than 100 megawatts are Class 3 developments, as are electrical transmission lines greater than 230 kV and transformer stations greater than 230 kV.

Systems that collect, extract, burn or flare greenhouse gases or put greenhouse gases to an alternate use are Class 1 developments. The Act came into force by proclamation on March 31, 1988.

Source: Full text of law

C.C.S.M. c. H190, s. 49.2; M.R. 68/2025

Effective 2025-09-01 · Applies to government

A large supply of power is the extension or enhancement of a supply of more than a threshold amount of power to a customer's project or to two or more related projects, the threshold being five megawatts unless the regulations prescribe another amount. The corporation, Manitoba Hydro, is an agent of His Majesty. The corporation must deny a request for service if the request or proposed use of the power is prescribed in the regulations as ineligible.

It must deny a request for a large supply of power if it is not reasonably feasible to supply the requested power considering the corporation's capacity and the impact on the province's electricity grid, or if the requirements prescribed in the regulations for a large supply of power are not met. The corporation's determination that a request must be denied is final.

Subject to those denial grounds and to the regulations and any ministerial direction, services must be provided in the order in which the requests are received. If the minister considers it to be in the public interest, the minister may direct the corporation to provide service in response to a customer's request in priority to other requests for service.

The Requests for Service Regulation requires the corporation to deny a request for service if the proposed use of the power is directly or indirectly related to mining a cryptocurrency. It also requires the corporation to deny a request if, within the preceding three years, it has denied a similar request by the customer or a related customer.

A request for a large supply of power for a public school, hospital, wastewater treatment facility or residential development is not subject to the requirements the regulations prescribe for a large supply of power. A requested use of power that is designated a high priority is eligible for service before any request designated a low or medium priority. The Manitoba Hydro Amendment Act, chapter 25 of the Statutes of Manitoba, 2025, received Royal Assent on June 3, 2025. The Requests for Service Regulation came into force on September 1, 2025.

Source: Full text of law

S.M. 2026, c. 17, s. 2, adding s. 49.3 to C.C.S.M. c. H190

Applies to both

The Manitoba Hydro Amendment Act, chapter 17 of the Statutes of Manitoba, 2026, received Royal Assent on June 1, 2026. It comes into force on a day to be fixed by proclamation. Subject to the approval of the Lieutenant Governor in Council, Manitoba Hydro may establish a curtailable power supply program that applies to customers or classes of customers who use power supplied by it for cryptocurrency operations.

The program may be established to maintain the reliability, safety or adequacy of the electricity system, to manage peak demand or system constraints, to respond to emergencies or abnormal operating conditions, or to promote the efficient and economical operation of the corporation's undertaking. The program may apply to any customer or class of customers receiving a supply of power on or after the day the program is established.

Under the program Manitoba Hydro may temporarily reduce the supply of power to a customer or class of customers who use the power, or are determined to be using it, for cryptocurrency operations. A curtailment carried out in accordance with the program does not constitute a breach of Manitoba Hydro's obligation to supply power except to the extent the program provides.

Source: Full text of law

S.M. 2026, c. 32, adding s. 39.1.1 to C.C.S.M. c. H190 and s. 110.2 to C.C.S.M. c. T2

Applies to both

The Manitoba Hydro Amendment and Tax Administration and Miscellaneous Taxes Amendment Act, chapter 32 of the Statutes of Manitoba, 2026, received Royal Assent on June 1, 2026. It comes into force on a day to be fixed by proclamation.

A data center is a facility that primarily contains electronic equipment used to process, store or transmit digital information, or used for digital information for a purpose the regulations specify, and that requires a large supply of power to operate as determined under section 49.2 of the Manitoba Hydro Act and its regulations. A facility that contains a cryptocurrency operation is not a data center.

Manitoba Hydro must establish and maintain a separate customer class for cryptocurrency operations, a separate class for customers who operate data centers and a separate class for customers who operate large power supply projects. The rates charged to those classes are to equal the rates under the most recent General Service rate schedules for the applicable class unless the regulator approves a higher rate.

A customer who operates a cryptocurrency operation, data center or large power supply project must pay a levy on the total monthly electricity charges, at the rate prescribed by regulation or, if none is prescribed, at a rate equal to 100% of the monthly energy charge per kWh and 100% of the monthly demand charge per kVA of the General Service rate schedule that applies to an equivalent customer. Manitoba Hydro must bill the levy when it bills the customer for power and must collect it. The revenue from the levy that Manitoba Hydro collects is deemed to be revenue for its use.

Source: Full text of law

C.C.S.M. c. W80, ss. 2-3, 5, 9 and 23

Applies to both

All property in, and all rights to the use, diversion or control of, all water in the province, so far as the Legislature's jurisdiction extends, are vested in the Crown in right of Manitoba. Except as the Act or the regulations provide, no person may in any manner use or divert water, or construct, establish, operate or maintain works, unless they hold a valid and subsisting license to do so.

The minister may issue a license authorizing the use or diversion of water for any purpose, or the construction and operation of works for any purpose, subject to the terms and conditions in the regulations and any further terms the minister requires. The order of priority of the purposes for which water may be used or diverted is domestic, municipal, agricultural, industrial, irrigation and other purposes.

A person who contravenes the Act or the regulations, fails to comply with an order made under the Act or fails to comply with a term or condition of a license, permit or registration is guilty of an offense. A person guilty of an offense is liable on conviction to a fine of not more than $50,000 or imprisonment for up to three months, or both, for an individual, and to a fine of not more than $500,000 for a corporation.

Source: Full text of law

C.C.S.M. c. B93, ss. 2-6 and 14; M.R. 78/2023

Effective 1988-02-01 · Applies to both

The Buildings Act applies to the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, occupancy or change in occupancy of any building or addition to a building, subject to its exceptions. The Lieutenant Governor in Council may by regulation adopt an established building construction code or standard, in whole or in part, for use in the province.

Each municipality, unless excluded, must adopt and enforce the building construction code or standard adopted for it, and may make by-laws for that purpose. The Manitoba Building Code adopts the National Building Code of Canada 2020, subject to the amendments in its schedule, as the building code in Manitoba. The regulation came into force on January 1, 2024.

The Lieutenant Governor in Council may by regulation designate classes of work or classes of buildings for which building permits or occupancy permits, or both, are required. A person who contravenes the Act or a regulation is guilty of an offense and liable on summary conviction to a fine not exceeding $5,000 for each day the offense continues. The Act came into force on February 1, 1988.

Source: Full text of law

M.R. 30/2026; C.C.S.M. c. H190, s. 25

Effective 2026-04-01 · Applies to both

The corporation may require that no electric wiring be done in any area unless an electrical permit for the wiring has first been issued by the corporation. The corporation may provide for the issuance of electrical permits and for the inspection, testing and approval of electric wiring and related facilities, and may prohibit the use of the wiring and facilities until they have been inspected, tested and approved.

The person who does electric wiring for which a permit has been issued must apply to the corporation for a final inspection and certificate of approval immediately on completion. The Manitoba Electrical Code adopts the Canadian Electrical Code, Part I, 26th edition, CSA Standard C22.1:24, subject to the amendments in its schedule, as the electrical code for Manitoba. The regulation has been in effect since April 1, 2026.

Source: Full text of law