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The Endangered Species Act

S.M. 1989-90, c. 39

Bill 8, 2nd Session, 34th Legislature

The Endangered Species Act

(Assented to March 15, 1990)

WHEREAS HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, recognizes that

(a) plant and animal species are of ecological, educational, esthetic, historical, medical, recreational and scientific value to Manitoba and the residents of Manitoba, and

(b) due to the activities of persons untempered by adequate concern for the preservation of native plant and animal species or other factors, plant and animal species in Manitoba from time to time become extinct or so depleted that they are threatened with extinction:

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

PART I

INTERPRETATION

Definitions

1           In this Act,

"Crown agency" means a board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; («organisme de la Couronne»)

"development" means a development as defined in The Environment Act; («exploitation»)

"endangered species" means a species that is declared an endangered species under subsection 8(1); («espèce en voie de disparition»)

"extinct species" means a species that is declared an extinct species under subsection 8(3); («espèce disparue»)

"habitat" means, in relation to an endangered or threatened species, an area of land, water or air that contains the natural resources on which the species depends for its life and propagation; («habitat»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"officer" means

(a) a person appointed as an officer under The Wildlife Act,

(b) a peace officer appointed under an Act of the Legislature or the Parliament of Canada, or

(c) an officer appointed under the Customs Act (Canada); («agent»)

"species" means a variety, race, breed, individual kind or other taxonomic type of plant or animal life and includes a population of one or more species and the eggs, larvae or other forms of developmental life of the species; («espèce»)

"threatened species" means a species that is declared a threatened species under subsection 8(2); («espèce menacée»)

"wildlife group" means a group of persons that is dedicated to the protection of species that exist naturally in the wild in Manitoba. («groupe de conservation de la nature»)

Purposes

2(1)        The purposes of this Act are:

(a) to ensure the protection and to enhance the survival of endangered and threatened species in the province;

(b) to enable the reintroduction of extinct species into the province; and

(c) to designate species that are endangered or threatened with extinction in the province.

Conflict with other Acts

2(2)        Where a provision of this Act conflicts with a provision of another Act of the Legislature, this Act prevails unless the other Act expressly provides that the other Act prevails.

Application

3(1)        This Act applies to species wherever occurring in Manitoba, including species occurring on private lands.

Crown bound

3(2)        The Crown in right of Manitoba and Crown agencies are bound by this Act.

PART II

ADMINISTRATION

Powers and duties of officer

4(1)        For the purposes of this Act, an officer has the powers and duties of an officer under The Wildlife Act.

Temporary officers

4(2)        The protections afforded to an officer by The Wildlife Act or any other law extend to other persons while and to the extent that they are in the course of assisting an officer under the direction of the officer.

Ministerial agreements

5           Subject to the approval of the Lieutenant Governor in Council, the minister may, for the protection or reintroduction of an endangered, threatened or extinct species, enter into agreements on behalf of the province and, without limiting the generality of the foregoing, may enter into an agreement with respect to

(a) the conduct of biological investigations;

(b) the implementation of remedial programs; and

(c) the preparation of biological status reports on species;

and any biological status report prepared under this section shall be made available to the public.

Advisory committee

6(1)        The Lieutenant Governor in Council shall establish an advisory committee to be known as the Endangered Species Advisory Committee to advise the minister in respect of

(a) the purposes of this Act;

(b) species that are endangered, threatened or extinct or whose habitats are endangered;

(c) species that should be designated under section 8; and

(d) any other matter pertaining to threatened, endangered and extinct species;

and shall report to the minister every two years on the status of endangered species in the province.

Committee under direction of minister

6(2)        The Endangered Species Advisory Committee shall act under the direction of the minister.

Membership of advisory committee

6(3)        The Lieutenant Governor in Council shall, subject to subsection (4), appoint the members of the Endangered Species Advisory Committee.

Scientists in the majority

6(4)        A majority of the members appointed under subsection (3) shall be professional scientists who have, to the satisfaction of the minister, expertise in a field of science related to plant and animal life.

Remuneration of committee members

6(5)        Members of the Endangered Species Advisory Committee may be paid remuneration determined by the Lieutenant Governor in Council.

Acquisition of property

7(1)        Where the minister considers it necessary for the protection or reintroduction of an endangered, threatened or extinct species, the minister may, on behalf of the Crown in right of Manitoba, acquire real property by purchase, lease or expropriation.

Expropriation Act applies

7(2)        Where real property is acquired by expropriation under subsection (1), the expropriation and the compensation payable to the owner of the real property are governed by The Expropriation Act.

PART III

DESIGNATION OF AND ACTIVITIES RELATED TO ENDANGERED SPECIES

Endangered species

8(1)        Where the Lieutenant Governor in Council determines that a species is threatened with extinction, the Lieutenant Governor in Council may, by regulation, declare the species an endangered species.

Threatened species

8(2)        Where the Lieutenant Governor in Council determines that action is required to prevent a species from becoming endangered, the Lieutenant Governor in Council may, by regulation, declare the species a threatened species.

Extinct species

8(3)        Where the Lieutenant Governor in Council determines that a species no longer exists naturally in the wild in Manitoba, the Lieutenant Governor in Council may, by regulation, declare the species an extinct species.

Regulations

9(1)        The Lieutenant Governor in Council may make regulations

(a) respecting the preservation and survival of the habitat of an endangered or threatened species;

(b) prohibiting or restricting the entry by any person into an area of the province specified in the regulation where an endangered or threatened species is or is likely to be located; and

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

Scope of regulations

9(2)        Any regulation may be made to apply generally or to particular species, or to particular periods of time or areas of Manitoba.

Prohibition

10(1)       No person shall

(a) kill, injure, possess, disturb or interfere with an endangered or threatened species;

(b) destroy, disturb or interfere with the habitat of an endangered or threatened species; or

(c) damage, destroy, obstruct or remove a natural resource on which a threatened or endangered species depends for its life and propagation.

Exception

10(2)       Subsection (1) does not apply to a person

(a) who acts under the authority of a permit issued by the minister under section 11;

(b) who is exempted from the application of this Act under section 12; or

(c) who acts under the authority of a licence issued under The Environment Act, if the minister is satisfied with respect to the matters described in clauses 12(1)(a) and (b).

Permits by minister

11(1)       A person may apply to the minister for, and the minister may issue to the person, a permit authorizing the person to collect and hold alive members of endangered or threatened species for scientific purposes or for purposes related to the protection or reintroduction of an endangered, threatened or extinct species.

Permits subject to conditions

11(2)       A permit under subsection (1) may be issued for a term and subject to such conditions as the minister considers appropriate.

Suspension, cancellation of permit

11(3)       The minister may suspend, cancel or revoke a permit issued under subsection (1).

Exemption of developments

12(1)       The minister may exempt an existing or proposed development from the application of this Act if the minister is satisfied that

(a) protection and preservation of the species or the habitat is assured; or

(b) appropriate measures are established, or will be established, to reduce to a minimum the impact of the development upon an endangered or threatened species or upon a habitat of an endangered or threatened species.

Application of The Regulations Act

12(2)       The Regulations Act does not apply to an exemption under subsection (1).

PART IV

OFFENCES

Offence and penalty

13(1)       A person who contravenes subsection 10(1) is guilty of an offence and is liable on summary conviction,

(a) where the person is an individual and the offence relates to

(i) an endangered species, to a fine of not more than $5,000. or to imprisonment for a term not exceeding six months or both;

(ii) a threatened species, to a fine of not more than $1,000. or to imprisonment for a term not exceeding three months or both; or

(b) where the person is a corporation, to a fine of not more than $50,000.

Contravention of regulations

13(2)       A person who contravenes a regulation made under this Act is guilty of an offence and is liable on summary conviction

(a) where the person is an individual, to a fine of not more than $500. and to imprisonment for a term of not more than three months or both; and

(b) where the person is a corporation, to a fine of not more than $5,000.

Subsequent offences

13(3)       Where a person is found liable for a subsequent offence,

(a) the maximum fine and maximum term of imprisonment, respectively,

(i) under subclause (1)(a)(i), are $10,000. and one year,

(ii) under subclause (1)(a)(ii), are $2,000. and six months,

(iii) under subsection (2), are $1,000. and six months; and

(b) the maximum fine under clause (1)(b) is $100,000.

Offence by director of corporation

13(4)       An officer, director or agent of a corporation who directs, authorizes, assents to, acquiesces in or participates in the commission of an offence is a party to and is guilty of the offence and is liable on conviction to the punishment set out in subsections (1), (2) and (3).

Continuing offence

14          Where a contravention of this Act or the regulations continues for more than one day, the offender is guilty of a separate offence for each day that the contravention continues.

PART V

MISCELLANEOUS

Reference in CCSM

15          This Act may be referred to as Chapter E111 in the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

16          This Act comes into force on royal assent.