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The Ecological Reserves Amendment Act

S.M. 1989-90, c. 20

Bill 33, 2nd Session, 34th Legislature

The Ecological Reserves Amendment Act

(Assented to December 22, 1989)

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

C.C.S.M. c. E5 amended

1           The Ecological Reserves Act is amended by this Act.

Section 1 amended

2           Section 1 is amended by striking out the definition of "reserve" and substituting the following:

"reserve" means land designated as an ecological reserve under subsection 2(2); («réserve»)

Section 2 repealed and substituted

3           Section 2 is repealed and the following is substituted:

System of ecological reserves

2(1)        The Lieutenant Governor in Council may establish and maintain a system of ecological reserves in the province.

Designation of reserves by L.G. in C.

2(2)        The Lieutenant Governor in Council may by regulation designate Crown land in the province as an ecological reserve.

Ecological reserves for the people

2(3)        An ecological reserve designated under subsection (2) shall be set aside in the interests of the people of Manitoba to enhance the overall well being of present and future generations of Manitobans.

Section 3.1 added

4           The following is added after section 3:

Reserves under control of Director

3.1         The minister shall designate a Director of Ecological Reserves who shall act under the direction of the minister and be responsible for the control and management of reserves and the ecological reserve system.

Section 4 repealed and substituted

5           Section 4 is repealed and the following is substituted:

Programs within reserves

4(1)        Subject to the provisions of this Act, the minister may within any reserve implement such measures, programs, projects, undertakings or things as in the minister's opinion are likely to achieve the purposes described in section 3.

Minister may enter into agreements

4(2)        For the purpose of this Act, the minister may, with the approval of the Lieutenant Governor in Council, enter into agreements and, without limiting the generality of the foregoing, may enter into agreements to

(a) conduct joint biological or ecological investigations;

(b) acquire land for the purposes of a reserve; and

(c) implement the policies and practices of the minister with respect to reserves.

Ministerial regulations

4.1(1)      The minister may make regulations respecting the management of reserves and the ecological reserve system and, without limiting the generality of the foregoing, the minister may make regulations

(a) regulating or controlling the use of reserves;

(b) respecting the issuance, suspension and cancellation of licences and permits to enter reserves and to engage in activities in reserves;

(c) respecting the posting of reserves to indicate their location and boundaries;

(d) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Application of regulation

4.1(2)      A regulation made under subsection (1) may be made applicable to all or any reserve or to any part of a reserve.

Minister to report to Legislature

4.2         The minister shall report to the Legislature at least once in each five year period following the coming into force of this section with respect to the status, management and use of reserves.

Section 6 repealed and substituted

6           Section 6 is repealed and the following is substituted:

Defacing or removing of signs

6           No person shall

(a) deface or remove a notice, sign or lettering posted upon or about a reserve pursuant to a regulation made under subsection 4.1(1); or

(b) post upon or about a reserve a notice, sign or lettering other than pursuant to a regulation made under subsection 4.1(1).

Section 7 repealed

7           Section 7 is repealed.

Section 8 amended

8           Section 8 is amended

(a) by striking out "section 7" where it appears in subsections (1) and (2) and substituting "subsection 4.1(1)"; and

(b) by adding the following after subsection (2):

Reserve lands may not be sold

8(3)        Land that is designated as an ecological reserve shall not be sold or transferred unless, before the sale or transfer, the designation is removed.

Requirement for removal of designation

8(4)        Before a designation is removed under subsection (3), the minister shall,

(a) publish notice in a newspaper that has general circulation in the area in which the reserve is located; and

(b) where the minister considers it to be in the public interest, request the committee to proceed under clause 9(6)(b).

Section 11 repealed

9           Section 11 is repealed.

Coming into force

10          This Act comes into force on royal assent.