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First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 5

THE WILDLIFE AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W130 amended

1           The Wildlife Act is amended by this Act.

2           Section 1 is amended

(a) by adding the following definition in alphabetical order:

"exotic wildlife" means a live or dead animal of any species or type that is

(a) wild by nature but not indigenous in the province, and is declared by the regulations to be exotic wildlife,

(b) a hybrid descendant of an animal described in clause (a), or

(c) an egg, sperm, embryo or body part of an animal described in clause (a) or (b); (« faune non indigène », « gibier non indigène » ou « animal de la faune non indigène »)

(b) by repealing the definition "wildlife" and substituting the following:

"wildlife" means a live or dead vertebrate animal of any species or type that is not a fish and is

(a) wild by nature and indigenous in the province,

(b) listed in Schedule A,

(c) declared by the regulations to be big game, a game bird, a fur bearing animal, an amphibian or reptile, or a protected species,

(d) a hybrid descendant of an animal described in clause (a), (b) or (c), or

(e) an egg, sperm, embryo or body part of an animal described in clause (a), (b), (c) or (d). (« faune », « gibier » ou « animal de la faune »)

3           Subsection 64(1) is amended by adding "or exotic wildlife" after "wildlife" in the section heading and wherever it occurs in the subsection.

4           Section 65 is amended by adding "or exotic wildlife" after "wildlife" in the section heading and in the part preceding clause (a).

5(1)        Clause 71(1)(a) is repealed and the following is substituted:

(a) all or part of any wildlife or exotic wildlife, or the pelt, skin or hide of any wildlife or exotic wildlife;

5(2)        Clauses 71(2)(b) and (3)(b) are amended

(a) by adding "exotic wildlife," after "specimen of wildlife or"; and

(b) by adding "or exotic wildlife" after "hide of wildlife".

5(3)        Subsection 71(4) is amended by adding "or exotic wildlife" after "wildlife" wherever it occurs.

6           Subsection 73(2) is amended by adding "or exotic wildlife" after "wildlife" in the section heading and in the subsection.

7           Section 76 is amended by adding "or exotic wildlife" after "wildlife" wherever it occurs.

8(1)        Clause 84(1)(a) is amended by adding "or exotic wildlife" after "wildlife" wherever it occurs.

8(2)        Clause 84(1)(f) is amended by adding "or exotic wildlife" after "wildlife".

9           Subsection 85(2) is amended by adding "or exotic wildlife" after "wildlife".

10          Subsections 87(1) and (2) are amended by adding "or exotic wildlife" after "wildlife" in the section headings and wherever it occurs in the subsections.

11(1)       Clause 90(g) is repealed and the following is substituted:

(g) prohibiting or regulating the hunting, killing, trapping, taking, capturing, baiting or attracting of a species or type of wildlife or exotic wildlife

(i) generally,

(ii) in a specified area,

(iii) during a specified period of the year,

(iv) in a specified manner, or

(v) of a specified sex or age;

11(2)       Clause 90(k) is repealed and the following is substituted:

(k) regulating the use and management of, and the hunting, killing, trapping or taking of wildlife or exotic wildlife, or a species, type or kind of wildlife or exotic wildlife, in an animal control area, wildlife management area, public shooting ground, registered trapline district or special trapping area including, without limiting the generality of the foregoing,

(i) prescribing special permits and licences for hunting or trapping and prescribing terms and conditions, and

(ii) prescribing periods during which hunting or trapping of wildlife or exotic wildlife, or a species or type of wildlife or exotic wildlife, is permitted;

(k.1) regulating any activity associated with wildlife or exotic wildlife for the purpose of protecting persons, livestock, crops, or other property;

11(3)       Clause 90(n) is amended by adding "or exotic wildlife" after "wildlife".

11(4)       Clause 90(o) is repealed and the following is substituted:

(o) regulating the use of blinds, decoys, baits, attractants and chemical immobilization agents in the hunting, trapping, capture, observation, feeding, care, possession or husbandry of wildlife or exotic wildlife;

11(5)       Clause 90(p) is amended by adding "or exotic wildlife" after "wildlife".

11(6)       Subclause 90(q)(i) is amended by adding "or exotic wildlife" after "wildlife".

11(7)       Clause 90(s) is amended by adding "or exotic wildlife" after "wildlife".

11(8)       Clause 90(z) is amended by adding "or exotic wildlife" after "wildlife".

11(9)       Clause 90(cc) is amended by adding "or regulating" after "prohibiting".

11(10)      Clause 90(dd) is amended by striking out "import or export" and substituting "import, export or possession" .

11(11)      Clause 90(gg) is repealed and the following is substituted:

(gg) regulating the sale of wildlife or exotic wildlife raised and kept in captivity;

(gg.1) regulating the sale of wildlife or exotic wildlife brought into the province;

11(12)      Clause 90(hh) is repealed and the following is substituted:

(hh) respecting the licencing and operation of shooting preserves, and the possession, raising, propagation and taking of wildlife and exotic wildlife in captivity;

11(13)      Clause 90(qq) is amended by adding "or exotic wildlife" after "wildlife".

12          This Act comes into force on a day fixed by proclamation.

Explanatory Note

This Bill contains a number of amendments to The Wildlife Act, including the following:

•   It expands the definition of "wildlife" to include dead wildlife, hybrid descendants of wildlife, and eggs, sperm, embryos and body parts of wildlife.

•   It establishes a new classification of animals called "exotic wildlife". These animals are wild by nature but not indigenous in Manitoba.

•   It provides authority for government regulation and enforcement of:

  • captive hunting of wildlife and exotic wildlife;
    • activities associated with exotic wildlife including possession, hunting, and trapping;
    • activities associated with exotic wildlife to protect persons, and livestock, crops, and other property.