The Captured Carbon Storage Act, S.M. 2024, c. 20.

The Captured Carbon Storage Act (S.M. 2024, c. 20) is a Manitoba law designed to regulate the underground storage of carbon dioxide that has been captured from emission sources or the atmosphere. The purpose of this Act is to encourage the safe and effective underground storage of captured carbon by (a) clarifying the government's ownership of pore space; (b) enabling the government to regulate (i) pore space and the access to and the use of pore space to explore for, and store captured carbon in, carbon repositories, and (ii) the development and operation of projects to permanently store captured carbon in carbon repositories; (c) ensuring that captured carbon is not released once it is stored in a carbon repository; and (d) reconciling the storage of captured carbon with other surface and subsurface activities. The Act establishes that the pore space beneath all land in Manitoba is owned by the government, regardless of private ownership of the surface or subsurface minerals. It sets out a licensing framework for exploration, drilling, and storage activities, requiring various permits and approvals from a designated director. These include exploration reservations, geophysical exploration permits, test well licences, and carbon storage licences. Applicants must meet strict requirements, including risk assessments, monitoring plans, and closure plans. The Act also outlines procedures for notifying affected landowners, resolving compensation disputes through a subsurface rights compensation board, and managing conflicts with other land uses. The director has broad powers to enforce compliance, including issuing orders, suspending licences, and imposing administrative penalties. The Act also provides for appeals, inspections, and record-keeping obligations.