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The Fisheries and Wildlife Amendment Act (Restitution)

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2014, c. 19

Bill 53, 3rd Session, 40th Legislature

The Fisheries and Wildlife Amendment Act (Restitution)

(Assented to June 14, 2014)

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

PART 1

THE FISHERIES ACT

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

1           The Fisheries Act is amended by this Part.

2            The following is added after section 25:

Liability for value of fish involved in offence

25.1(1)     A person who is convicted of a prescribed offence involving the catching or possession of fish under

(a) this Act;

(b) a regulation made under this Act;

(c) the Fisheries Act (Canada); or

(d) the Manitoba Fishery Regulations, 1987, SOR/87-509, made under the Fisheries Act (Canada);

is liable to the Crown for the value of the fish involved in the offence.

Calculating value of fish

25.1(2)     The value of fish is to be calculated in accordance with regulations made under section 25.4.

Joint and several liability

25.1(3)     If more than one person is convicted of an offence involving the same fish, each person is jointly and severally liable to the Crown for the value of the fish.

Liability in addition to other consequences

25.1(4)     Liability to the Crown under this section is in addition to any fine, imprisonment, forfeiture or other consequence imposed as a result of the conviction.

Regulations

25.1(5)     The minister may make regulations prescribing offences for the purpose of subsection (1).

Interpretation: "convicted"

25.1(6)     For the purpose of this section and sections 25.2 to 25.6, a person is convicted of an offence if he or she is found guilty of the offence, pleads guilty to the offence or pays a fine imposed in relation to the offence.

Notice of potential liability when charged

25.2(1)     When a person is charged with an offence described in subsection 25.1(1), he or she must be provided with a written notice that advises the person that he or she will be liable to the Crown for the value of the fish involved in the offence if he or she is convicted of the offence.

Notice of amount owing on conviction

25.2(2)     The department must provide a person convicted of an offence described in subsection 25.1(1) with a written notice setting out the amount that the person owes to the Crown for the value of the fish involved in the offence and the deadline for payment. The payment deadline must be at least 60 days after the notice is sent.

Action to recover amount owing

25.3        The amount that a person who is convicted of an offence described in subsection 25.1(1) owes to the Crown for the value of the fish involved in the offence may be enforced by action in the Court of Queen's Bench.

Regulations establishing value of fish

25.4(1)     The minister may make regulations establishing the value of fish.

Calculating value

25.4(2)     The regulations may establish the value of fish based on one or more of the following:

(a) the species of fish;

(b) the size or weight of the fish;

(c) the location where the fish was caught.

Payment into fish enhancement account

25.5        Despite The Financial Administration Act, all amounts paid to the Crown by a person convicted of an offence described in subsection 25.1(1) for the value of the fish involved in the offence must be paid or credited to the fish enhancement account of the Fish and Wildlife Enhancement Fund established under The Fish and Wildlife Enhancement Fund Act.

Licences cancelled while amounts owing

25.6(1)     When a person who is convicted of an offence described in subsection 25.1(1) fails to pay the amount owing to the Crown for the value of the fish involved in the offence by the deadline specified in the notice provided under subsection 25.2(2), any licence issued under this Act that is held by the person is cancelled and the right of the person to obtain or hold such a licence is suspended until the amount owing to the Crown is paid.

Prohibition on obtaining licence

25.6(2)     A person whose right to hold a licence is suspended under subsection (1) must not obtain or attempt to obtain any licence under this Act until the amount owing to the Crown is paid.

PART 2

THE WILDLIFE ACT

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

3           The Wildlife Act is amended by this Part.

4           Section 1 is amended by adding the following definitions:

"department" means the department of government over which the minister presides; (« ministère »)

"prescribed" means prescribed by regulation;

5           The following is added after section 86:

Liability for value of animal involved in offence

86.1(1)     A person who is convicted of a prescribed offence respecting the killing, possession or transportation of a wild animal is liable to the Crown for the value of the animal involved in the offence.

Calculating value of animal

86.1(2)     The value of a wild animal is to be calculated in accordance with regulations made under section 86.4.

Joint and several liability

86.1(3)     If more than one person is convicted of an offence involving the same animal, each person is jointly and severally liable to the Crown for the value of the animal.

Liability in addition to other consequences

86.1(4)     Liability to the Crown under this section is in addition to any fine, imprisonment, forfeiture or other consequence imposed as a result of the conviction.

Interpretation: "convicted"

86.1(5)     For the purpose of this section and sections 86.2 to 86.6, a person is convicted of an offence if he or she is found guilty of the offence, pleads guilty to the offence or pays a fine imposed in relation to the offence.

Notice of potential liability when charged

86.2(1)     When a person is charged with an offence described in subsection 86.1(1), he or she must be provided with a written notice that advises the person that he or she will be liable to the Crown for the value of the wild animal involved in the offence if he or she is convicted of the offence.

Notice of amount owing on conviction

86.2(2)     The department must provide a person convicted of an offence described in subsection 86.1(1) with a written notice setting out the amount that the person owes to the Crown for the value of the wild animal involved in the offence and the deadline for payment. The payment deadline must be at least 60 days after the notice is sent.

Action to recover amount owing

86.3        The amount that a person who is convicted of an offence described in subsection 86.1(1) owes to the Crown for the value of the wild animal involved in the offence may be enforced by action in the Court of Queen's Bench.

Regulations establishing value of wild animals

86.4(1)     The minister may make regulations establishing the value of wild animals.

Calculating value

86.4(2)     The regulations may establish the value of wild animals based on one or more of the following:

(a) the species of animal;

(b) the age of the animal;

(c) the gender of the animal;

(d) a specific feature or attribute of the animal;

(e) the location where the animal was killed.

Payment into wildlife enhancement account

86.5        Despite The Financial Administration Act, all amounts paid to the Crown by a person convicted of an offence described in subsection 86.1(1) for the value of the wild animal involved in the offence must be paid or credited to the wildlife enhancement account of the Fish and Wildlife Enhancement Fund established under The Fish and Wildlife Enhancement Fund Act.

Licences cancelled while amounts owing

86.6(1)     When a person who is convicted of an offence described in subsection 86.1(1) fails to pay the amount owing to the Crown for the value of the wild animal involved in the offence by the deadline specified in the notice provided under subsection 86.2(2), any licence issued under this Act that is held by the person is cancelled and the right of the person to obtain or hold such a licence is suspended until the amount owing to the Crown is paid.

Prohibition on obtaining licence

86.6(2)     A person whose right to hold a licence is suspended under subsection (1) must not obtain or attempt to obtain any licence under this Act until the amount owing to the Crown is paid.

6           The following is added after clause 90(pp.1):

(pp.2) prescribing offences for the purpose of subsection 86.1(1);

7           The following is added after section 91:

Incorporation by reference

91.1        A regulation made under this Act may adopt by reference, with any changes the maker considers appropriate, all or part of a code, rule, standard or system made by a governmental authority or any other body, authority or publication specified in the regulation, and the code, rule, standard or system may be adopted as amended from time to time.

PART 3

COMING INTO FORCE

Coming into force

8           This Act comes into force on a day to be fixed by proclamation.