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The Wildlife Amendment Act

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S.M. 1994, c. 8

The Wildlife Amendment Act

(Assented to July 5, 1994)

HER MAJESTY, by and with the 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2           The definition "loaded firearm" in section 1 is repealed and the following is substituted:

"loaded firearm" means a firearm that has a propellant powder, projectile or cartridge that

(a) is capable of being discharged from the firearm, and

(b) is contained in the breech or firing chamber or in a cartridge magazine attached to or inserted into the firearm; (« arme à feu chargée »)

3           Subsection 2(3) is amended by striking out "or" at the end of clause (c), by adding "or" at the end of clause (d) and by adding the following after clause (d):

(e) any other type of area that the Lieutenant Governor in Council may specify.

4           Section 13 is amended

(a) by striking out "$3,000." and substituting "$50,000."; and

(b) by striking out "three months" and substituting "one year".

5           Section 27 is repealed and the following is substituted:

Prohibited time of day

27(1)       Except as may be otherwise permitted by the regulations, no person shall discharge a rifle or a shotgun during the period beginning at 1/2 hour after sunset and ending at 1/2 hour before sunrise the following day.

Definition of "discharge"

27(2)        In subsection (1), "discharge" means the expulsion of a projectile or projectiles.

6           Section 36 is repealed and the following is substituted:

Offence and penalty

36(1)        Subject to subsection (2), a person who contravenes or fails to observe a provision of this Division is guilty of an offence and is liable to a fine of no more than $10,000. or to imprisonment for a term of no more than six months, or both.

Offence and penalty for certain provisions

36(2)        A person who contravenes or fails to observe a provision of section 27, 30 or 30.1 is guilty of an offence and is liable to a fine of no more than $50,000. or to imprisonment for a term of no more than one year, or both.

7           Clause 71(1)(a) is amended by adding "or part of wildlife" before "or the pelt".

8           Clauses 77(1)(a) and (b) of the French version are amended by striking out "formation en sécurité relative à la chasse et au maniement" and substituting "chasse et de maniement".

9(1)        Subsections 78(1), (2) and (3) are repealed and the following is substituted:

Forfeiture of wildlife

78(1)        When any wildlife or part of wildlife or the pelt, skin or hide of wildlife is seized in respect of an alleged offence under this Act or the regulations,

(a) if the accused is convicted, the wildlife or part of wildlife or the pelt, skin or hide of wildlife is forfeited to the Crown and shall be disposed of as the minister or an officer directs; and

(b) if the accused is acquitted or prosecution is not proceeded with, the wildlife or part of wildlife or the pelt, skin or hide of wildlife shall be turned over to the person lawfully entitled to possess it.

Automatic forfeiture of other things

78(2)        When an accused is convicted of any of the following offences, any thing seized under this Act in respect of the offence is forfeited to the Crown and shall be disposed of as the minister or an officer directs:

(a) an offence under section 12, if the accused has used vehicle headlights, or other light powered by a vehicle, as lighting or reflecting equipment for the purpose of hunting, killing, taking or capturing a big game animal;

(b) an offence under section 22 or under the regulations, if the accused has discharged a firearm from a vehicle while hunting a big game animal, other than from a power boat while the motor was not in use and any progress as a result of the motor having been in use had ceased;

(c) an offence under section 30 or 30.1, or under any regulation relating to the handling, possession or transporting of or the trading in wild animal parts, if the accused has bought, sold or traded in big game animals, game birds or animals of a protected species or any of the parts of those animals.

Discretionary forfeiture of other things

78(3)       When an accused is convicted of an offence under this Act or the regulations, other than an offence described in subsection (2), and any thing is seized in respect of the offence, the presiding justice may, in addition to imposing any other penalty provided for in this Act, order the thing to be forfeited to the Crown.

Forfeiture of other things in cases of injury

78(3.1)      When an accused is convicted of an offence under section 10, in addition to any other penalty provided for in this Act, the presiding justice shall make a finding as to whether the actions of the accused caused or could reasonably have been expected to cause an injury to any person, and when the presiding justice so finds, any thing that is seized under this Act in respect of the offence is forfeited to the Crown.

9(2)        Subsection 78(4) is amended by adding "or (3.1)" after "subsection (3)".

10          Subsections 80(2) and (3) are amended

(a) by striking out "$1,500." wherever it occurs and substituting "$10,000."; and

(b) by striking out "one month" wherever it occurs and substituting "six months".

11          Division 6 of Schedule A is amended by adding "Wood Bison (except Wood Bison kept in captivity and privately owned) Bison bison athabascae" after "Polar Bear   Ursus maritimus".

Coming into force

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