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The Wildlife Act
This is an unofficial archived version.
This version was current from to December 4, 2013.

Note: It does not reflect any retroactive amendment enacted after December 4, 2013.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

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C.C.S.M. c. W130

The Wildlife Act

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

Definitions

1           In this Act

"amphibian" means an animal of a species or type listed in Division 5 of Schedule A or declared by the regulations to be an amphibian, or any part thereof; (« amphibien »)

"big game animal" means an animal of a species or type listed in Division 1 of Schedule A or declared by the regulations to be a big game animal, or any part thereof; (« gros gibier »)

"Crown" means Her Majesty the Queen, in right of the province; (« Couronne »)

"exotic wildlife" means a live or dead animal of any species or type that is

(a) wild by nature but not indigenous in the province, and is declared by the regulations to be exotic wildlife,

(b) a hybrid descendant of an animal described in clause (a), or

(c) an egg, sperm, embryo or body part of an animal described in clause (a) or (b); (« faune non indigène », « gibier non indigène » ou « animal de la faune non indigène »)

"firearm" means any device that fires projectiles by means of explosives, compressed air or springs and, without limiting the generality of the foregoing, includes a rifle, shotgun, air gun, pistol, revolver, spring gun and crossbow but does not include a bow or a toy; (« arme à feu »)

"foreign resident" means a person who is not a resident or a Canadian citizen; (« résident étranger »)

"fur bearing animal" means an animal of a species or type listed in Division 2 of Schedule A or declared by the regulations to be a fur bearing animal, or any part thereof; (« animal à fourrure »)

"game bird" means a bird of a species or type listed in Division 3 of Schedule A or declared by the regulations to be a game bird, or any part thereof; (« gibier à plume »)

"game production animal" means a game production animal as defined in The Livestock Industry Diversification Act; (« gibier d'élevage »)

"game production farm" means a game production farm as defined in The Livestock Industry Diversification Act; (« ferme d'élevage de gibier »)

"habitat" means the soil, water, food and cover components of the natural environment that are necessary to sustain wildlife; (« habitat »)

"hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, shooting at, stalking or lying in wait for wildlife, whether or not the wildlife is then or subsequently captured, killed, taken or wounded, but does not include

(a) trapping or attempting to trap wildlife, or

(b) stalking, attracting, searching for or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking pictures of wildlife; (« chasse »)

"licence" means a licence issued under this Act; (« permis »)

"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 »)

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

"non-resident" means a Canadian citizen who is not a resident; (« non-résident »)

"officer" means

(a) a person appointed as an officer under subsection 68(2),

(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 »)

"pelt" means the skin or hide of a fur bearing animal that has not been tanned or otherwise processed by chemical or mechanical means; (« peau »)

"permit" means a permit issued under this Act; (« licence »)

"poison device" means a device designed to propel a poison by mechanical or explosive means; (« mécanisme d'empoisonnement »)

"power boat" means a boat, raft or barge of any kind that is being driven, drawn or propelled by any means other than human muscular power; (« embarcation motorisée »)

"protected species" means a species or type of animal listed in Division 6 of Schedule A or declared by the regulations to be a protected species, or any part thereof; (« espèces protégées »)

"regulations" means regulations made under this Act by the Lieutenant Governor in Council or the minister; (« règlements »)

"reptile" means an animal of a species or type listed in Division 5 of Schedule A or declared by the regulations to be a reptile, or any part thereof; (« reptile »)

"resident" means

(a) a Canadian citizen who has his home and is ordinarily present in the province immediately preceding the time that his residence becomes material for the purposes of this Act or the regulations, or

(b) a person who is not a Canadian citizen but has his home and is ordinarily present in the province for a period of 6 months immediately preceding the time that his residence becomes material for the purposes of this Act or the regulations,

but does not include a tourist, transient or visitor; (« résident »)