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Third Session, Thirty-Eighth 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 16

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           Subsection 46(1) is amended by striking out "sections 10, 11 and 12" and substituting "sections 10, 11, 12 and 24".

3           The following is added after section 63:

Allocation of licences to guides and outfitters

63.1(1)     The minister may, in accordance with the regulations, allocate specified kinds, classes and types of hunting licences to be issued by

(a) guides licensed under this Act; and

(b) outfitters licensed under The Resource Tourism Operators Act.

Allocation fee

63.1(2)     A guide or outfitter must pay the fee prescribed by the regulations for each hunting licence allocated to him or her.

4(1)        Subsection 64(1) is replaced with the following:

Authorization to capture or kill wildlife

64(1)       The minister may authorize a person to capture or kill wildlife or exotic wildlife for the purpose of protecting property or public safety, research or the management of wildlife or exotic wildlife. The authorization must be in writing.

Conditions

64(1.1)     A person authorized to kill or capture wildlife or exotic wildlife under subsection (1) must comply with any conditions imposed by the minister in the authorization.

4(2)        Subsection 64(2) is amended by striking out everything before "under subsection (1)" and substituting "When a person captures or kills wildlife pursuant to an authorization".

5           The following is added after section 64:

Officer may capture or kill wildlife

64.1        An officer may capture or kill wildlife or exotic wildlife for the purpose of protecting property or public safety, research or the management of wildlife or exotic wildlife.

6           The following is added after section 69:

Exemption for officer

69.1(1)     For the purpose of conducting investigations related to the enforcement of this Act, The Resource Tourism Operators Act or The Fisheries Act, the minister may exempt an officer from the application of provisions of this Act and the regulations made under it.

Requirements

69.1(2)     An exemption must be in writing and include restrictions respecting

(a) the duration of the exemption; and

(b) the acts or omissions, that would otherwise constitute offences, that the officer is allowed to commit while conducting investigations.

7(1)         Clause 89(a) is replaced with the following:

(a) prescribing fees and charges that must be paid in respect of applications, licences and permits, and hunting licences allocated to a guide or outfitter under section 63.1;

7(2)        Clause 89(c) is amended by striking out "skins, pelts and hides" and substituting "skins, pelts, hides and parts".

8           Section 90 is amended

(a) in clause (m), by striking out "non-resident hunters to obtain" and substituting "non-residents and non-resident aliens to use"; and

(b) by adding the following after clause (pp):

(pp.1) respecting the allocation of hunting licences to guides and outfitters under section 63.1;

Coming into force

9           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Wildlife Act to do the following:

  • prohibit the use of poison to kill wildlife in defence of property;
  • establish regulations that deal with the allocation of hunting licences to be issued by guides and outfitters;
  • clarify when wildlife and exotic wildlife may be killed or captured by wildlife officers and members of the public;
  • permit written authorizations to be issued exempting wildlife officers from provisions of The Wildlife Act when conducting investigations under specified Acts.  The authorization will be subject to specified restrictions;
  • allow royalties on the sale of wildlife parts to be established.