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4th Session, 40th Legislature

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Bill 24

THE WILDLIFE AMENDMENT AND FISHERIES AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

PART 1

THE WILDLIFE ACT

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

1           The Wildlife Act is amended by this Part.

2           Section 1 is amended by adding the following definitions:

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"prescribed" means prescribed by regulation;

3           Section 13 is amended by striking out "$50,000." and substituting "$100,000".

4           Section 33 is amended in the part before clause (a), by striking out "hunt or trap"and substituting "hunt, trap or retrieve".

5(1)        Subsection 36(1) is amended by striking out "$10,000." and substituting "$25,000".

5(2)        Subsection 36(2) is amended by striking out "$50,000." and substituting "$100,000".

6           Subsection 37(1) is amended by striking out "other than an offence under section 20, 31, 33, 34 or 35,".

7           Section 41 is repealed.

8           Subsection 42(1) is amended by striking out "wildlife on which a royalty is payable under this Act" and substituting "wild animals".

9(1)        Subsection 43(1) is amended by striking out "wildlife under which a royalty is payable" and substituting "wild animal".

9(2)        Subsection 43(2) is amended by striking out "wildlife on which a royalty is payable" and substituting "wild animal".

9(3)        Subsection 43(3) is amended by striking out "wildlife" and substituting "wild animal".

10          The following is added after section 55:

Regulations re authorized issuer

55.1(1)      Despite any other provision of this Act or the regulations, the Lieutenant Governor in Council may, by regulation, authorize a person or organization to perform all or any of the minister's powers, duties and functions under this Act and the regulations respecting the issuance and renewal of a prescribed type of licence or permit.

Required contents of regulation

55.1(2)     A regulation under subsection (1) must address the following:

(a) the person or organization that is authorized to issue and renew licences or permits;

(b) the types of licences or permits that the person or organization is authorized to issue and renew;

(c) the powers, duties and functions of the minister that the person or organization is authorized to exercise or perform in relation to the issuance or renewal of licences or permits;

(d) the collection and remittance of fees for licences and permits;

(e) the collection, use, access, disclosure, protection, return and destruction of personal information by the person or organization.

Additional contents of regulation

55.1(3)     A regulation under subsection (1) may also address

(a) the manner in which the person or organization must perform the minister's powers, duties and functions in relation to the issuance and renewal of licences or permits;

(b) any other matter that the Lieutenant Governor in Council considers necessary.

Agreements re licence issuance

55.2(1)     Subject to the approval of the Lieutenant Governor in Council, the minister may enter into an agreement with a person or organization respecting the issuance and renewal of licences and permits by the person or organization.

Terms of agreement

55.2(2)     The agreement may address one or more of the following:

(a) the exercise of powers and the performance of duties and functions relating to licence or permit issuance and renewal by the person or organization;

(b) the sharing of personal information between the person or organization and the government respecting applicants and persons who have been issued licences or permits;

(c) indemnification between the person or organization and the government;

(d) the obligation of the person or organization to report to the minister;

(e) termination of the agreement;

(f) any other matter that the minister considers necessary.

Not Crown agent

55.3        A person or organization that is authorized to issue and renew licences or permits is not an agent of the Crown.

Refusal to issue licence or permit if fine unpaid

55.4        The minister may refuse to issue a licence or permit to any person who has not paid a fine imposed for a contravention of this Act, the regulations or any other prescribed Act.

Consequences of suspension in other jurisdiction

55.5        If a person is convicted of an offence under a statute or regulation respecting wildlife in another jurisdiction that results in the person being prohibited from applying for or obtaining a hunting licence in that jurisdiction, the person must not apply for or obtain a licence under this Act that authorizes the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A during the term of prohibition in that other jurisdiction.

11(1)       Subsection 61(1) is amended by striking out "Every holder of a licence or permit" and substituting "Every person who is required to hold a licence or permit".

11(2)       Subsection 61(2) is amended by striking out "Every holder of a licence or permit" and substituting "Every person who is required to hold a licence or permit".

12          Subsection 71(1) is amended by striking out "and" at the end of clause (b), adding "and" at the end of clause (c) and adding the following after clause (c):

(d) any other thing;

13          The following is added after section 73:

No obstruction of officers

73.1        A person must not obstruct or hinder, or make a false or misleading statement to, an officer who is exercising powers or performing duties under this Act.

14          Subsections 80(2) and (3) are amended by striking out "$10,000." and substituting "$25,000".

15(1)       Subsection 81(1) is amended by striking out "one year" and substituting "two years".

15(2)       Subsection 81(4) is amended by adding "or the regulations" after "this Act".

16          The following is added after subsection 84(2):

Agreements to share conviction information

84(3)       The minister may enter into an agreement with the government of another province, territory, country or state, or a department or agency of those governments, to share information respecting persons who have been convicted of offences under a statute or regulation respecting wildlife and the penalties and consequences that resulted from those convictions.

17          Clause 89(c) is repealed.

18          Section 90 is amended

(a) by adding the following after subclause (a)(iii):

(iv) establishing the manner in which permits and licences may be issued, including the submission of applications and the issuance of licences and permits using the Internet;

(b) by adding the following after clause (qq.1):

(qq.2) prescribing anything referred to in this Act as being prescribed;

19          Subsection 92(1) is amended by striking out "royalties,".

20          Schedule A is amended

(a) in Division 3, by striking out the entry "Ring-necked Pheasant   Phasianus colchicus";

(b) in Division 5, by striking out the following entries:

Snapping Turtle      Chelydra serpentina

Painted Turtle         Chrysemys picta

(c) by adding the following to Division 6:

Snapping Turtle      Chelydra serpentina

Painted Turtle         Chrysemys picta

PART 2

THE FISHERIES ACT

C.C.S.M. c. F90 amended

21           The Fisheries Act is amended by this Part.

22          The following is added after clause 14.5(1)(d):

(d.1) respecting the manner in which licences may be issued, including the submission of applications and the issuance of licences using the Internet;

PART 3

COMING INTO FORCE

Coming into force — royal assent

23(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

23(2)       Sections 7, 8, 9, 17 and 19 come into force on a day to be fixed by proclamation.

Explanatory Note

Part 1 of this Bill makes a number of amendments to The Wildlife Act.

Enforcement measures under the Act are enhanced and fines are increased. The limitation period for starting prosecutions under the Act is extended. A new offence for obstructing conservation officers is created. Wording in several provisions is clarified.

The minister may authorize third parties to issue licences and permits and perform a number of other functions related to the issuance and renewal of licences and permits. An amendment will enable the issuance of licences and permits over the Internet.

The minister may enter into agreements with other jurisdictions to share information about persons who have been convicted of wildlife offences. A person whose right to hunt has been suspended in another jurisdiction is prohibited from applying for or obtaining a hunting licence in Manitoba during that suspension period. A person who has not paid fines imposed under the Act may be prevented from getting a hunting licence.

Additional protection is given to certain species. Ring-necked pheasants are no longer considered to be game birds. Painted turtles and snapping turtles are now classified as protected species.

The requirement to pay royalties when fur bearing animals are harvested is ended.

Part 2 of the Bill amends The Fisheries Act to enable the issuance of fishing licences over the Internet.