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The Wildlife Act
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This version is current as of December 7, 2016.
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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 »)

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

"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),

(a.1) a conservation officer appointed under The Conservation Officers 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 »)

"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 »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"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 »)

"prescribed" means prescribed by regulation;

"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 »)

"shooting preserve" means land that is privately owned and maintained and on which wildlife that has been raised in captivity is kept in captivity, or released, for the purpose of hunting; (« réserve de gibier »)

"small game animal" means an animal of a species or type listed in Division 4 of Schedule A or declared by the regulations to be a small game animal, or any part thereof; (« petit gibier »)

"trapping" means taking, capturing or killing or attempting to take, capture or kill wildlife by any means or contrivance designed to enclose, capture, hold, ensnare or otherwise restrain an animal, whether that means or contrivance kills the animal or not; (« piégeage »)

"vehicle" means a motor vehicle, trailer, tractor, power boat, aircraft or any other vehicle drawn, propelled or driven by any means other than human power; (« véhicule »)

"wild animal" means an animal or bird of a species or type listed in Schedule A or declared by the regulations to be a wild animal; (« animal sauvage »)

"wildlife" means a live or dead vertebrate animal of any species or type that is not a fish and is

(a) wild by nature and indigenous in the province,

(b) listed in Schedule A,

(c) declared by the regulations to be big game, a game bird, a fur bearing animal, an amphibian or reptile, or a protected species,

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

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

"wildlife farm" means an area where wildlife of any species or type is kept, raised, bred or propagated in captivity, for any purpose. (« exploitation faunique »)

S.M. 1989-90, c. 27, s. 2; S.M. 1992, c. 58, s. 36; S.M. 1994, c. 8, s. 2; S.M. 1996, c. 37, s. 39; S.M. 2000, c. 10, s. 3; S.M. 2008, c. 42, s. 97; S.M. 2014, c. 19, s. 4; S.M. 2015, c. 4, s. 31; S.M. 2015, c. 33, s. 2.

PART I

DESIGNATED AREAS

Designation of areas

2(1)        When the Lieutenant Governor in Council is satisfied that the wildlife resource of the province would be better managed, conserved or enhanced, it may, by regulation, designate areas of the province in accordance with this section.

Designation of Crown lands

2(2)        The Lieutenant Governor in Council may designate Crown lands as

(a) wildlife management areas;

(b) registered trapline districts;

(c) special trapping areas; or

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

Designation of Crown lands and other lands

2(3)        The Lieutenant Governor in Council may designate Crown lands and lands other than Crown lands as

(a) animal control areas;

(b) game bird refuges;

(c) managed hunting areas;

(d) wildlife refuges; or

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

S.M. 1991-92, c. 17, s. 2; S.M. 1994, c. 8, s. 3.

Regulations respecting designated areas

3(1)        Unless otherwise provided by this Act or the regulations, the designation of an area for the better management, conservation and enhancement of the wildlife resource of the province in accordance with section 2 does not limit or affect the uses and activities that may be undertaken in the area, and the minister may make such regulations as the minister considers appropriate

(a) respecting the use, control and management of an area;

(b) authorizing, regulating or prohibiting any use, activity or thing in an area;

(c) authorizing the construction, operation and maintenance of any building, structure or thing in a wildlife management area.

Application of regulations for designated areas

3(2)        A regulation under clause (1)(a) or (b) may be made applicable to any type of area or to any area or any part of an area designated in accordance with section 2.

S.M. 1991-92, c. 17, s. 2.

4           [Repealed]

S.M. 1991-92, c. 17, s. 2.

5           [Repealed]

S.M. 1989-90, c. 27, s. 3; S.M. 1991-92, c. 17, s. 2.

Acquisition of lands

6           The government may acquire, by purchase, exchange, expropriation under The Expropriation Act, or otherwise, any land required as a designated area for the purposes of this Part.

7           [Repealed]

S.M. 1989-90, c. 27, s. 4.

8           [Repealed]

S.M. 1989-90, c. 27, s. 5.

PART II

OFFENCES

Application of Part

9           This Part applies on all land within the province, including land designated under Part I.

DIVISION 1

DANGEROUS HUNTING OFFENCES

Dangerous hunting

10          No person shall hunt

(a) in a manner that is dangerous to other persons; or

(b) without due regard for the safety of other persons.

Hunting while intoxicated

11          No person shall hunt while his ability to do so is impaired by alcohol or a narcotic drug.

Hunting at night by means of lights

12(1)       No person shall at night use lighting or reflecting equipment for the purpose of hunting, killing, taking or capturing a vertebrate animal or attracting or confusing a vertebrate animal for the purpose of hunting, killing, taking or capturing it.

Exceptions

12(2)       Subsection (1) does not apply

(a) to the capturing, killing, hunting or taking of any wild animal of a species listed in Division 5 of Schedule A without the use of firearms; or

(b) to any other act, not involving the use of firearms, that the minister may by regulation prescribe.

Offence and penalty

13          Any person who contravenes or fails to observe a provision of this Division is guilty of an offence and liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both the fine and the imprisonment.

S.M. 1989-90, c. 27, s. 6; S.M. 1994, c. 8, s. 4; S.M. 2015, c. 33, s. 3.

Holding of licence prohibited

14(1)       Where a person is convicted of an offence under this Division, all of the licences of that person that authorize the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A are automatically cancelled, and the right of that person to obtain or hold any such licence is suspended for one year.

Suspension may be increased

14(2)       A justice hearing a case involving an offence under this Division may increase the suspension to a maximum of five years, except that where an offence under this Division has resulted in bodily injury to another person, the justice may increase the suspension for any period of time beyond five years that the justice considers reasonable.

Effective date of suspension

14(3)       A suspension under this section is effective from the date of the conviction.

Obtaining licence prohibited

14(4)       A person whose licence has been suspended under this section shall not obtain or attempt to obtain a licence of a kind described in subsection (1) during the period of the suspension.

S.M. 1989-90, c. 27, s. 7.

DIVISION 2

HUNTING AND TRAPPING OFFENCES

Licence requirement

15(1)       Except as may be otherwise permitted by this Act or a regulation under this Act, no person shall hunt, trap, take, kill or capture or attempt to trap, take, kill or capture a wild animal unless the person does so under the authority of a licence.

Exception

15(2)       Subsection(1) does not apply to a person taking a wild animal listed in Division 5 of Schedule A for his own use.

S.M. 1989-90, c. 27, s. 8.

Hunting or trapping in damaging manner

16          No person shall hunt or trap wildlife in a manner that causes or is likely to cause damage to crops, livestock or other property.

S.M. 1989-90, c. 27, s. 9.

Restricted area

17          No person shall hunt, trap, take or kill a wild animal or attempt to trap, take or kill a wild animal in an area of the province where the hunting, trapping, taking or killing of that species or type of wild animal is prohibited or is not permitted, as the case may be, by a regulation made under this Act.

S.M. 1989-90, c. 27, s. 10.

Hunting or trapping for remuneration

18          Subject to the provisions of this Act and the regulations and the terms or conditions of any licence or permit issued, no person shall

(a) for hire, gain, remuneration or reward or the hope or expectation thereof, hunt, trap, kill, take or capture a wild animal, other than a black bear, a wolf or an animal listed in Division 2 or 5 of Schedule A taken under the authority of a licence to hunt, trap, kill, take or capture animals of that species or type; or

(b) hire or pay or offer to hire or pay another person to hunt, trap, kill, take or capture a wild animal of a kind described in clause (a).

S.M. 1989-90, c. 27, s. 10.

Possession of illegally taken animals

19          No person shall have in his possession any wildlife or a part of any wildlife captured, killed or taken in contravention of this Act or the regulations.

Prohibitions re protected species

20          Except as may be otherwise permitted by this Act or the regulations, no person shall hunt, trap, take, kill or capture a wild animal of a species or type that is listed or designated as a protected species under this Act or the regulations, or have in his possession such a wild animal or any part thereof.

S.M. 1989-90, c. 27, s. 11; S.M. 2008, c. 42, s. 97.

Wrong age or sex

21          No person shall hunt, take or kill or attempt to take or kill any wildlife of an age or sex the hunting of which in that area and at that time is either prohibited or not permitted by the regulations.

Hunting from vehicles

22          Except as may be otherwise permitted by this Act or the regulations, no person, whether for himself or to assist another, shall chase, drive, flush, pursue, worry, harrass, follow after or on the trail of, or search for, any wildlife from a vehicle.

Hunting other than with firearms

23          Except as may be otherwise permitted by this Act or the regulations, no person shall capture, kill or take or attempt to capture, kill or take a wild animal, other than a fur bearing animal, an amphibian or a reptile, by means other than a rifle, shotgun, cross bow or bow and arrow.

Use of poison

24(1)       No person shall use poison

(a) to trap, take or kill or attempt to trap, take or kill a wild animal; or

(b) in a manner that is likely to result in the killing or taking of a wild animal.

Possession of poison

24(2)       No person shall possess poison or a poison device for the purpose of hunting, trapping, taking or killing a wild animal.

Exception

24(3)       Subsections (1) and (2) do not apply to a person who uses or possesses poison or a poison device under the authority of a permit issued by the minister.

S.M. 1989-90, c. 27, s. 12.

Sunday hunting

25          Except as may be otherwise permitted by this Act or the regulations, no person shall hunt or kill or attempt to kill a wild animal on a Sunday.

Hunting out of season

26          No person shall hunt, trap, take or kill or attempt to trap, take or kill a wild animal during a period of the year when the hunting, trapping, taking or killing of that species or type of wild animal is either prohibited or not permitted by the regulations.

S.M. 1989-90, c. 27, s. 13.

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.

S.M. 1994, c. 8, s. 5.

Bag limit

28          No person shall, within any period of time, take, kill or trap a greater number of wild animals of a particular species or type than is permitted by this Act or the regulations for that period of time and for that species or type.

Possession limit

29          No person shall have in his possession a greater number of carcasses of a species or type of wild animal than is permitted by this Act or the regulations for that species or type.

Buying, selling or serving meat of wild animal

30          Except as may be otherwise permitted by this Act or the regulations, no person shall

(a) sell, buy, trade or barter or offer to sell, buy, trade or barter, or keep for the purpose of sale, the meat of any wild animal; or

(b) serve the meat of a wild animal as food in or at any place where meals are served for remuneration or in the hope or expectation of remuneration, or as part of the remuneration or salary of a person employed in the place; or

(c) bring the meat of a wild animal into, or have possession of the meat of a wild animal in, any restaurant or place where meals are served for remuneration or in the hope or expectation of remuneration or as part of the remuneration, salary or wages of a person employed by the owner or person in charge of the restaurant or place.

Trading in wild animals

30.1        Subject to this Act and the regulations, no person shall sell, buy, trade or barter, or attempt or offer to sell, buy, trade or barter, or keep for the purpose of sale, trade or barter, any wild animal or parts of a wild animal except under the authority of a licence or permit.

S.M. 1991-92, c. 17, s. 3; S.M. 1992, c. 58, s. 36.

Transporting illegally taken animals

31          No person shall ship or transport or deliver to another person for shipping or transporting any wildlife or a part of any wildlife killed or taken in contravention of this Act or the regulations.

Retrieval of game

32(1)       No person who kills or injures a game bird, a small game animal or a big game animal shall fail to retrieve it or to make every reasonable effort to do so.

Edible portions of game

32(2)       Subject to subsection (3), no person who kills or injures a game bird, a small game animal or a big game animal, or is in possession of a game bird, a small game animal or a big game animal that has been killed or injured, shall abandon, waste or spoil, or allow to be abandoned, wasted or spoiled, any edible portion thereof.

Exceptions

32(3)       Subsection (2) does not apply to a gray (timber) wolf or black bear.

S.M. 1992, c. 58, s. 36.

Hunting or trapping on private land or leased Crown land

33          No person shall hunt, trap or retrieve wildlife

(a) on private land, without the permission of the owner or lawful occupant of the land, and in the event of a prosecution the onus of proof that permission was given is upon the hunter or trapper; or

(b) on land leased from the Crown that, under the regulations, is posted as a portion of land where hunting or trapping is likely to be injurious to the lawful occupants of the land or to their livestock.

S.M. 1989-90, c. 27, s. 14; S.M. 2015, c. 33, s. 4.

Recapture of escaped game production animal

33.1        A person who attempts to recapture a game production animal that has escaped from a game production farm shall not be regarded as having contravened this Act if

(a) the person is the operator of the farm from which the animal escaped or is an employee of the operator;

(b) the attempt to recapture takes place within a reasonable time following the animal's escape; and

(c) the person uses reasonable and generally accepted methods of humane capture in a way that does not endanger other people or animals or cause damage to property.

S.M. 1996, c. 37, s. 39.

Use of firearms

34(1)       No person shall

(a) carry or have a loaded firearm in or on, or discharge a loaded firearm from, a vehicle except as may be authorized by this Act or the regulations; or

(b) hunt game birds with a shotgun of any description that is capable of holding more than three shells at a time, unless the capacity of the gun has been reduced to three shells in the chamber and magazine combined by means of the cutting off or altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed without disassembling the gun; or

(c) hunt big game with, or have in his possession while hunting big game, any cartridge containing a bullet described as or having a metal-cased hard point, including hard-point military-type bullets but excluding those bullets having a hard point that are designed to increase the expansion of the bullet.

34(2)       [Repealed] S.M. 1989-90, c. 27, s. 15.

S.M. 1989-90, c. 27, s. 15.

Use of dogs

35          Except as may be permitted by the regulations, no person shall

(a) use a dog for, or be accompanied by a dog while, hunting big game animals or wild turkeys; or

(b) allow a dog to run after, pursue or molest a big game animal, a fur bearing animal or a wild turkey.

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 $25,000 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 $100,000 or to imprisonment for a term of no more than one year, or both.

S.M. 1989-90, c. 27, s. 16; S.M. 1994, c. 8, s. 6; S.M. 2015, c. 33, s. 5.

Holding of licence prohibited

37(1)       Where a person is convicted of an offence under this Division, all of the licences of that person that authorize the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A are automatically cancelled, and the right of that person to obtain or hold any such licence is suspended for one year.

Suspension may be increased

37(2)       A justice hearing a case involving an offence under this Division may increase the suspension referred to in subsection (1) to a maximum of five years.

Effective date of suspension

37(3)       A suspension under this section is effective from the date of the conviction.

Obtaining licence prohibited

37(4)       A person whose licence has been suspended under this section shall not obtain or attempt to obtain a licence of a kind described in subsection (1) during the period of the suspension.

S.M. 1989-90, c. 27, s. 17; S.M. 2015, c. 33, s. 6.

DIVISION 3

FUR BEARING ANIMAL OFFENCES

Trapping in registered trapline district

38(1)       No person shall hunt, trap or kill a fur bearing animal in a registered trapline district or special trapping area except under the authority of a licence or permit to hunt, trap or kill fur bearing animals in that registered trapline district or special trapping area, as the case may be, and except within that portion of the registered trapline district or special trapping area as may be specified on the licence or permit.

Definitions for section

38(2)       In this section,

"registered trapline district" means an area designated as a registered trapline district by the regulations; (« district de sentiers de piégeage enregistrés »)

"special trapping area" means an area designated as a special trapping area by the regulations. (« zone spéciale de piégeage »)

S.M. 1989-90, c. 27, s. 19.

Interference with traps

39          No person shall remove, disturb, spring or in any way interfere with any trap set out lawfully by any other person for the purpose of taking fur bearing animals.

Shooting beaver, etc.

40(1)       Except as may be otherwise permitted by this Act or the regulations, no person shall

(a) shoot or spear a muskrat, beaver or otter, except when the muskrat, beaver or otter is on land or in a trap; or

(b) subject to subsections (2) and (3), spear, break or destroy a muskrat house, beaver lodge or beaver dam; or

(c) subject to subsections (2) and (3), disturb or destroy the den, nest or lair of a fur bearing animal.

Opening muskrat house

40(2)       A person who has a licence or permit to trap muskrats may open a muskrat house within the area in which the licence or permit is valid and during the period when the trapping of muskrats is permitted for the purpose of setting a trap within the house, if the person recloses the house in such a way that the water entrance thereto does not freeze.

Authorization of minister

40(3)       The minister may authorize a person to destroy a muskrat house, beaver dam or beaver lodge, or the den, nest or lair of a fur bearing animal, subject to such terms and conditions as the minister may prescribe.

41          [Repealed]

S.M. 1989-90, c. 27, s. 20; S.M. 2015, c. 33, s. 7.

Trading in furs

42(1)       No person shall engage in or carry on or be concerned in the business of trading, buying or selling of the pelts, skins or hides of wild animals, or solicit trade therein, except pursuant to a licence.

42(2)       [Repealed] S.M. 1991-92, c. 17, s. 4.

S.M. 1991-92, c. 17, s. 4; S.M. 2015, c. 33, s. 8.

Purchase of pelts

43(1)       No person shall purchase or acquire a pelt, skin or hide of any wild animal from a person who does not have a licence or permit authorizing him to sell or trade in the pelt, skin or hide.

Dressing pelts

43(2)       Subject to subsection (3), no person shall dress or tan a pelt, skin or hide of any wild animal, or in any way undertake, contract or agree to do so, except under the authority of a licence or permit.

Exception

43(3)       Subsection (2) does not apply to a person who for his own use dresses or tans a pelt, skin or hide of any wild animal which he has lawfully taken or acquired.

S.M. 2015, c. 33, s. 9.

44          [Repealed]

S.M. 1989-90, c. 27, s. 21.

DIVISION 4

GENERAL OFFENCES

Possession of live wild animals

45          Except as may be otherwise permitted by this Act or the regulations, no person shall capture alive or have possession of any live wild animal.

Killing wildlife in defence of property

46(1)       Notwithstanding any other provision of this Act but subject to sections 10, 11, 12 and 24, a person may kill or take any wildlife, other than a moose, caribou, deer, antelope, cougar, elk or game bird, on his own land for the purpose of defending or preserving his property.

Report

46(2)       A person who kills or takes any species of wild animal in defence or preservation of his property as provided in subsection (1) shall report the killing or taking to an officer within 10 days thereof.

Sale of pelt

46(3)       All property, rights, title and interest in and to any species of wildlife listed in Schedule A or in the regulations taken under this section are vested in the Crown, and no person shall sell or barter or offer or attempt to sell or barter or otherwise make use of the pelt, carcass, skin or any other part thereof unless he first obtains a permit therefor from the minister.

S.M. 2005, c. 23, s. 2.

Transporting

47          No person shall

(a) ship by common carrier or mail, or deliver to another person for shipping by common carrier or mailing, any package, parcel, crate or receptacle that to his knowledge contains a wild animal or any part of a wild animal and does not have plainly marked on the outside thereof a complete description of the contents; or

(b) unless authorized by a transport permit or possession permit, accept or have possession of the carcass of a big game animal or any part of the carcass to which a valid, subsisting seal, shipping coupon or tag issued with or as part of a licence to hunt that species of big game animal is not attached; or

(c) not being a common carrier carrying a big game animal or game bird under a bona fide bill of lading, transport a big game animal or game bird that was killed or taken by another person, unless that other person accompanies the big game animal or game bird, or

(i) in the case of the big game animal, the declaration on a shipping coupon or tag required under clause (b) was completed and signed by the person who killed the animal, or

(ii) in the case of the game bird, the bird is accompanied by a statement signed by the person who killed the bird showing his name, address, the number of the licence authorizing the taking of that species of bird, and the date of the signing of the statement.

Prohibited species of animals

48(1)       The minister may, by regulation, declare the possession of any species or type of animal to be prohibited in the province.

Importing or exporting prohibited

48(2)       Subject to subsections (3) and (4) and except as may be otherwise provided in this Act or in the regulations, no person shall

(a) import into the province, or have in his possession, or release into the wild, any species or type of animal the possession of which has been declared under subsection (1) to be prohibited in the province; or

(b) import into the province any wild animal except as may be authorized by a permit; or

(c) have possession of any wild animal, imported into the province without the authority of a permit; or

(d) export or attempt to export from the province any wild animal, or any part of a wild animal, except pursuant to a permit.

Exception

48(3)       Subsection (2) does not apply to an animal that was killed outside of Manitoba but is accompanied by the permit issued within the jurisdiction where the animal was killed authorizing the export thereof from the jurisdiction.

Export permit

48(4)       For the purposes of clause (2)(d), a licence authorizing the taking of a wild animal other than a fur bearing animal, or a seal or coupon issued as part of the licence, shall be presumed to be a permit authorizing the export from the province of the species or type of wild animal for which the licence is issued.

Destruction of nest or eggs

49          No person shall take or have possession of or wilfully destroy the nest or eggs of any game bird or any bird listed in Division 6 of Schedule A, except as may be authorized by a licence or permit.

Destruction of habitat

50(1)       No person shall destroy or damage habitat on Crown lands, except pursuant to a licence, permit or other authorization issued or given under this or any other Act of the Legislature.

Action for damages to habitat

50(2)       The Crown has a right of action against any person who wilfully or negligently destroys or damages habitat on Crown land, and may recover damages from him for any costs that the government may be required to expend for rehabilitation of the habitat to a state approved by the minister.

Guide licence

51          No person shall, for compensation or reward or in the hope or expectation thereof, lead or assist another person to or from a place where that other person expects to hunt a wild animal, or assist that other person in the hunting of a wild animal, except under the authority of a licence.

Taxidermy licence

52          No person shall engage in the business of taxidermy, except under the authority of a licence.

Notices and signs

53          No person shall

(a) damage, deface, destroy or remove any notice or sign posted under this Act or the regulations; or

(b) without authority, post any notice or sign for the posting of which provision is made under this Act or the regulations.

54          [Repealed]

S.M. 1989-90, c. 27, s. 22.

PART III

LICENSING

Issue of licences and permits

55(1)       Subject to the provisions of this Act, the minister may issue to any person any licence or permit required under the Act.

Form of licences and permits

55(2)       The minister may prescribe the form of any licence or permit issued under subsection (1) and of any coupon, tag or seal required under this Act.

Terms of licences and permits

55(3)       For any licence or permit issued, the minister may prescribe such terms and conditions not inconsistent with any provision of this Act or the regulations as he may think advisable.

Issue of licences, etc., by vendors

55(4)       The minister may in writing authorize any person to issue licences or permits on his behalf to any applicant but subject to such terms and conditions as the minister may prescribe.

S.M. 1992, c. 58, s. 36.

Regulations re authorized issuer

55.1(1)      Despite any other provision of this Act or the regulations, the Lieutenant Governor in Council may, by regulation, authorize a person or organization to perform all or any of the minister's powers, duties and functions under this Act and the regulations respecting the issuance and renewal of a prescribed type of licence or permit.

Required contents of regulation

55.1(2)     A regulation under subsection (1) must address the following:

(a) the person or organization that is authorized to issue and renew licences or permits;

(b) the types of licences or permits that the person or organization is authorized to issue and renew;

(c) the powers, duties and functions of the minister that the person or organization is authorized to exercise or perform in relation to the issuance or renewal of licences or permits;

(d) the collection and remittance of fees for licences and permits;

(e) the collection, use, access, disclosure, protection, return and destruction of personal information by the person or organization.

Additional contents of regulation

55.1(3)     A regulation under subsection (1) may also address

(a) the manner in which the person or organization must perform the minister's powers, duties and functions in relation to the issuance and renewal of licences or permits;

(b) any other matter that the Lieutenant Governor in Council considers necessary.

S.M. 2015, c. 33, s. 10.

Agreements re licence issuance

55.2(1)     Subject to the approval of the Lieutenant Governor in Council, the minister may enter into an agreement with a person or organization respecting the issuance and renewal of licences and permits by the person or organization.

Terms of agreement

55.2(2)     The agreement may address one or more of the following:

(a) the exercise of powers and the performance of duties and functions relating to licence or permit issuance and renewal by the person or organization;

(b) the sharing of personal information between the person or organization and the government respecting applicants and persons who have been issued licences or permits;

(c) indemnification between the person or organization and the government;

(d) the obligation of the person or organization to report to the minister;

(e) termination of the agreement;

(f) any other matter that the minister considers necessary.

S.M. 2015, c. 33, s. 10.

Not Crown agent

55.3        A person or organization that is authorized to issue and renew licences or permits is not an agent of the Crown.

S.M. 2015, c. 33, s. 10.

Refusal to issue licence or permit if fine unpaid

55.4        The minister may refuse to issue a licence or permit to any person who has not paid a fine imposed for a contravention of this Act, the regulations or any other prescribed Act.

S.M. 2015, c. 33, s. 10.

Consequences of suspension in other jurisdiction

55.5        If a person is convicted of an offence under a statute or regulation respecting wildlife in another jurisdiction that results in the person being prohibited from applying for or obtaining a hunting licence in that jurisdiction, the person must not apply for or obtain a licence under this Act that authorizes the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A during the term of prohibition in that other jurisdiction.

S.M. 2015, c. 33, s. 10.

Compliance with terms and conditions of licences and permits

56          Every holder of a licence or permit shall comply with the terms and conditions thereof.

S.M. 1992, c. 58, s. 36.

Cancellation of licences or permits

57          The minister may cancel any licence or permit if he is satisfied that the holder thereof, or any other person with the connivance of the holder thereof, has failed to comply with any provision of this Act or the regulations or with any of the terms and conditions of the licence or permit, notwithstanding that no prosecution has been instituted or conviction had in respect of the failure to comply.

58          [Repealed]

S.M. 1989-90, c. 27, s. 23.

False statements

59          No person shall make a false statement in any application for a licence or permit, or in any return or report required to be made under this Act or the regulations.

S.M. 1992, c. 58, s. 36.

Licence not transferrable

60(1)       A licence or permit and the rights or privileges thereunder cannot be transferred from the person to whom the licence or permit is issued, to any other person.

Attempt to transfer licence

60(2)       No person to whom a licence or permit has been issued shall deliver it to another person in circumstances where he might reasonably expect that the other person would attempt to use the licence or permit and purport himself to be the holder of the licence or permit.

Using licence of another

60(3)       No person who has possession of a licence or permit issued to another person shall

(a) purport to be that other person to any officer; or

(b) attempt or purport to exercise any rights or privileges granted under the licence or permit.

S.M. 1992, c. 58, s. 36.

Licence to be carried on person

61(1)       Every person who is required to hold a licence or permit shall carry the licence or permit on his person at all times while using it.

Production of licence

61(2)       Every person who is required to hold a licence or permit shall produce and show it to an officer upon being requested to do so.

S.M. 1992, c. 58, s. 36; S.M. 2015, c. 33, s. 11.

Issue of licence for special area

62(1)       A licence or permit may be issued for use in a special area, and when so issued the licence or permit is invalid and of no effect except within that special area.

Licence for specific period

62(2)       A licence or permit may be issued for a specific period, and a licence or permit so issued is invalid and of no effect except during that specific period.

Licence for special method

62(3)       A licence or permit to hunt, kill, trap or capture wildlife may be issued for a special method of hunting, killing, trapping or capturing that wildlife, and a licence or permit so issued shall indicate on the face thereof the special method for which it is issued, and the licence or permit is invalid and of no effect except for hunting, killing, trapping or capturing the wildlife by that special method.

Fee to license issuer

63          The minister may direct that a person who is authorized by him to issue a licence and who is not an employee of the government be paid a commission fixed by the regulations for each licence issued by him, and that person may deduct the amount of the commission from the fee paid to him for the licence before remitting the fee to the government.

S.M. 1992, c. 58, s. 36.

Allocation of licences to guides and outfitters

63.1(1)     The minister may, in accordance with the regulations, allocate specified kinds, classes and types of hunting licences to be issued by

(a) guides licensed under this Act; and

(b) outfitters licensed under The Resource Tourism Operators Act.

Allocation fee

63.1(2)     A guide or outfitter must pay the fee prescribed by the regulations for each hunting licence allocated to him or her.

S.M. 2005, c. 23, s. 3.

Authorization to capture or kill wildlife

64(1)       The minister may authorize a person to capture or kill wildlife or exotic wildlife for the purpose of protecting property or public safety, research or the management of wildlife or exotic wildlife. The authorization must be in writing.

Conditions

64(1.1)     A person authorized to kill or capture wildlife or exotic wildlife under subsection (1) must comply with any conditions imposed by the minister in the authorization.

Property in wildlife killed under authority

64(2)       When a person captures or kills wildlife pursuant to an authorization under subsection (1), all property, rights, title and interest in and to the wildlife, unless waived by the minister, are in the Crown.

S.M. 1992, c. 58, s. 36; S.M. 2000, c. 10, s. 4; S.M. 2005, c. 23, s. 4.

Officer may capture or kill wildlife

64.1        An officer may capture or kill wildlife or exotic wildlife for the purpose of protecting property or public safety, research or the management of wildlife or exotic wildlife.

S.M. 2005, c. 23, s. 5.

Permit for wildlife or exotic wildlife, nests or eggs

65          Notwithstanding any other provision in this Act or the regulations, the minister may grant, subject to such terms and conditions as he may prescribe, a permit to hunt, trap or take or be in possession of any wildlife or exotic wildlife or the nest or eggs of any bird, for

(a) educational or scientific purposes; or

(b) any other purpose that the minister deems to be in the public interest.

S.M. 1989-90, c. 27, s. 24; S.M. 2000, c. 10, s. 5.

Effect of licences and permits

66          A licence or permit is not, and does not operate as, a demise, lease or transfer of any title or interest in or to land.

67          [Repealed]

S.M. 1989-90, c. 27, s. 25.

PART IV

ENFORCEMENT

Appointment of employees

68(1)       Such employees as may be necessary for the administration of this Act may be appointed as provided in The Civil Service Act.

Appointment of officers

68(2)       The minister may appoint officers for the purpose of carrying out the Act and the regulations.

Temporary officers

68(3)       An officer, while engaged in the enforcement of this Act or the regulations, may call upon any person for assistance and that person, while giving the assistance, is an officer for the purposes of this Act.

S.M. 1989-90, c. 27, s. 26.

Authority of officer

69          For the purposes of this Act, an officer is, and has and may exercise the powers and authority of, a police constable or peace officer.

Exemption for officer

69.1(1)     For the purpose of conducting investigations related to the enforcement of this Act, The Endangered Species and Ecosystems Act, The Resource Tourism Operators Act or The Fisheries Act, the minister may exempt an officer from the application of provisions of this Act and the regulations made under it.

Requirements

69.1(2)     An exemption must be in writing and include restrictions respecting

(a) the duration of the exemption; and

(b) the acts or omissions, that would otherwise constitute offences, that the officer is allowed to commit while conducting investigations.

S.M. 2005, c. 23, s. 6; S.M. 2008, c. 42, s. 97; S.M. 2013, c. 38, s. 25.

Inspection of premises and records

70(1)       An officer may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations,

(a) enter and inspect any premises in respect of which a licence or permit has been issued; and

(b) inspect any records required to be kept under this Act or the regulations, and the person required to keep the records shall produce them upon the request of the officer, and the officer may examine the records, take extracts therefrom or make copies thereof.

Powers of arrest

70(2)       An officer, upon witnessing the commission of an offence under this Act or the regulations, may without process arrest the person committing the offence and bring him before a court of competent jurisdiction to be dealt with according to law.

Entry upon private property

70(3)       In the discharge of his duties under this Act, an officer and any person accompanied by him may enter upon and pass through or over private land without being liable for trespass.

Inspection of hunting or trapping camps

70(4)       An officer may inspect any camps occupied by hunting or trapping parties.

S.M. 1989-90, c. 27, s. 27.

Seizure in execution of duties

71(1)       Any officer acting in the course or scope of duty who discovers an offence being committed against this Act or the regulations may seize

(a) all or part of any wildlife or exotic wildlife, or the pelt, skin or hide of any wildlife or exotic wildlife;

(b) any firearm, ammunition, decoy, or other implement or appliance used for shooting, hunting or trapping;

(c) any vehicle, boat, aircraft, or other conveyance; and

(d) any other thing;

which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize

71(2)       A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, specimen of wildlife or exotic wildlife, pelt, skin or hide of wildlife or exotic wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence;

may at any time issue a warrant authorizing any officer and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant

71(3)       Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, specimen of wildlife or exotic wildlife, pelt, skin or hide of wildlife or exotic wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence;

and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure for examination, etc.

71(4)       An officer who suspects on reasonable and probable grounds that any wildlife or exotic wildlife has a disease may seize the wildlife or exotic wildlife for the purpose of performing a biological or scientific examination of it, and where upon examination the wildlife or exotic wildlife is found to have a disease, the minister may direct that it be treated, destroyed, or otherwise disposed of in such manner as is reasonably required under the circumstances.

S.M. 1994, c. 8, s. 7; S.M. 2000, c. 10, s. 6; S.M. 2015, c. 33, s. 12.

Inspection of firearms

72(1)       An officer may inspect any firearm found in or on any vehicle.

Production of firearm

72(2)       Every person, upon being requested to do so by an officer, shall forthwith produce and allow the officer to inspect any firearm in his possession or subject to his control.

Officer may stop vehicle

73(1)       For purposes of exercising any enforcement power under this Act or the regulations, an officer may signal or request any person driving a vehicle to stop, and thereupon the person shall bring the vehicle to a stop and shall not proceed until permitted to do so by the officer.

Inspection of wildlife or exotic wildlife

73(2)       An officer may inspect any wildlife or exotic wildlife found in or on a vehicle.

S.M. 2000, c. 10, s. 7.

No obstruction of officers

73.1        A person must not obstruct or hinder, or make a false or misleading statement to, an officer who is exercising powers or performing duties under this Act.

S.M. 2015, c. 33, s. 13.

Officer may kill dog

74          An officer may, at any time and without incurring any liability therefor to the owner of the dog, kill any dog found running after, pursuing or molesting a big game animal, fur bearing animal or wild turkey.

Possession

75(1)       For the purposes of this Act and the regulations,

(a) a person has anything in possession when he has it in his personal possession or knowingly

(i) has it in the actual possession or custody of another person, or

(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and

(b) where one or two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

Onus of proof in possession

75(2)       In any prosecution arising out of the possession of anything, the burden of proof is on the accused to prove he did not have possession of the thing within the meaning of subsection (1).

Place of origin

75(3)       For the purposes of this Act and the regulations, any wildlife found within the province shall be presumed to have its place of origin in the province, and where the wildlife is dead it shall be presumed to have been killed within the province.

Onus arising from possession

76          Where any person is charged with a violation of any provision of this Act or the regulations

(a) by reason of that person having trapped, taken, killed, procured or kept any wildlife or exotic wildlife or any part thereof, the trapping, taking, killing, procuring or keeping of which is prohibited, or by reason of that person having taken, killed or kept any wildlife or exotic wildlife or any part thereof in an area where or during a period or at a time when the trapping, taking, killing, procuring or keeping was prohibited; or

(b) by reason of his having had in his possession any article the possession of which is prohibited, or by reason of his having had in his possession any article in an area where or during a period or at a time when possession thereof was prohibited;

if it is shown to the satisfaction of a judge or justice of the peace that the wildlife or exotic wildlife or the part thereof or the article was found in his possession or under his control, he shall be presumed to have committed the offence with which he is charged.

S.M. 1989-90, c. 27, s. 28; S.M. 2000, c. 10, s. 8; S.M. 2005, c. 8, s. 11.

Certificate of minister

77(1)       In a prosecution or proceeding under this Act or the regulations in which proof is required respecting:

(a) the issue or cancellation of a licence or permit or a hunter and firearm safety training certificate;

(b) whether or not a person is the holder of or is entitled to hold a licence or permit or a hunter and firearm safety training certificate;

(c) the appointment of officers; or

(d) the delivery, service, mailing or giving of a document or notice by the minister;

a certificate signed by the minister is admissible in evidence as prima facie proof of the facts stated in the certificate and as conclusive proof of the authority of the minister without further proof of the appointment or signature of the minister.

Certificate respecting examination

77(2)       In a prosecution or proceeding under this Act or the regulations, a certificate signed

(a) by a person in charge of a laboratory or meterorology station operated or maintained by the government or by the Royal Canadian Mounted Police, or by a person under the administration of the person in charge; or

(b) by a person designated by the minister to perform examinations;

stating that the person has examined an animal, product or substance and stating the results of the examination is admissible in evidence without proof of the signature or official character or of the qualifications of the person appearing to have signed the certificate and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate.

Minister may designate expert

77(3)       The minister may designate any person who the minister deems qualified to conduct examinations for the purpose of subsection (2).

Notice of certificate

77(4)       A certificate under subsection (2) shall not be received in evidence unless the party intending to produce it has given to the accused reasonable notice of the intention together with a copy of the certificate.

Service

77(5)       In addition to any other method of service permitted by law, a certificate under subsection (2) may be served on the accused by registered mail sent to the address given by the accused to the officer when the person was charged.

Same name

77(6)       The fact that a person charged in an information laid or a complaint made under this Act has the same name as the person referred to in a certificate of the minister as being the holder of a licence or permit, is prima facie proof that the person so charged is that holder.

S.M. 1989-90, c. 27, s. 29; S.M. 1992, c. 58, s. 36.

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.

Disposal

78(4)       Where a thing has been ordered to be forfeited under subsection (3) or (3.1), it shall be disposed of as the minister or an officer directs, but otherwise the thing shall be turned over to the person who is lawfully entitled to possess it at the conclusion of proceedings in respect of the alleged offence.

Where person unknown

78(5)       Where, for six months or more after a thing has been seized under this Act, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as the minister or an officer directs.

S.M. 1994, c. 8, s. 9.

Jurisdiction of justice of peace

79          A justice of the peace may hear, try, determine and adjudge prosecutions, charges, matters and proceedings initiated, brought or taken under this Act or the regulations.

S.M. 2005, c. 8, s. 11.

General offence

80(1)       A person who contravenes or fails to observe a provision of this Act or the regulations is guilty of an offence.

Penalty

80(2)       A person who is convicted of an offence against this Act for which no other penalty is provided is liable to a fine of no more than $25,000 or to imprisonment for a term of no more than six months, or both.

Penalty

80(3)       A person who is convicted of an offence against the regulations is liable to a fine of no more than $25,000 or to imprisonment for a term of no more than six months, or both.

S.M. 1989-90, c. 27, s. 30; S.M. 1994, c. 8, s. 10; S.M. 2015, c. 33, s. 14.

Limitation period

81(1)       An information or complaint for an offence under this Act or the regulations may be laid at any time within two years after the date on which the offence is alleged to have been committed; but an information or complaint for failure to make a report or return required under this Act or the regulations or for making a false statement on any application or on the report or return may be laid at any time after the offence is alleged to have been committed.

Description of offence

81(2)       The description of an offence in the words of either this Act or the regulations, or in any similar words, is sufficient for the purposes of an information or complaint laid or made for an offence under this Act or the regulations.

Separate offences

81(3)       A violation of this Act or the regulations constitutes a separate offence in respect of each specimen of wildlife that is the subject thereof.

Continuing offences

81(4)       A violation of this Act or the regulations that continues for more than one day constitutes a separate offence on each day during which it continues.

Defect in form

81(5)       A conviction or order made in any matter arising under this Act or the regulations, either originally or on appeal, shall not be quashed for any defect in form.

S.M. 1989-90, c. 27, s. 30 and 31; S.M. 2015, c. 33, s. 15.

PART V

GENERAL

Annual reports by minister

82          Within six months after the close of each fiscal year of the government if the Legislature is then in session or, if the Legislature is not then in session, at the next session of the Legislature, the minister shall prepare and lay before the assembly a report of his administration of this Act, including a review of all wildlife allocations, for that fiscal year.

Five year reports by minister

83          In addition to the reports required under section 82, the minister shall, within six months of the close of the fiscal year, 1987 and in every fifth year thereafter, prepare and lay before the next session of the Legislature following the close of the fiscal year, a report containing

(a) a review of the status in the province of the animals listed in Schedule A and of such other wildlife as the minister may select for review;

(b) a review of the wildlife management programs implemented by the minister and an assessment of their effectiveness;

(c) an analysis of trends in, and a forecast of demands for, the use of the wildlife resource in the province; and

(d) an evaluation of the capability of the wildlife resource in the province to meet anticipated demands.

Agreements

84(1)       Subject to the approval of the Lieutenant Governor in Council, the minister may, on behalf of the government, enter into any agreement with the Government of Canada, the Government of a province or territory of Canada, or the government of a foreign country or state thereof, or an agency of any of the foregoing, or with a municipality or local government district or any society, group, organization, person or individual for

(a) the joint management of wildlife or exotic wildlife, or mutual assistance in the enforcement of laws relative to wildlife or exotic wildlife; or

(b) the development and implementation of joint informational, educational or training programs; or

(c) the conduct of joint biological or ecological investigations; or

(d) reciprocal arrangements for fees to be charged for licences or permits issued under this Act and their counterparts issued in the other jurisdictions; or

(e) the joint management of wildlife habitats; or

(f) the development and implementation of joint programs for the control of damage caused by wildlife or exotic wildlife; or

(g) the development and implementation of joint programs for the control of wild animals;

or for all or any of those matters, and the agreement may include provisions for contributions by the government toward the cost of implementing the provisions thereof.

Leases

84(2)       The minister may enter into lease agreements with the owners of lands for the purposes of wildlife management.

Agreements to share conviction information

84(3)       The minister may enter into an agreement with the government of another province, territory, country or state, or a department or agency of those governments, to share information respecting persons who have been convicted of offences under a statute or regulation respecting wildlife and the penalties and consequences that resulted from those convictions.

S.M. 1989-90, c. 27, s. 32; S.M. 1992, c. 58, s. 36; S.M. 2000, c. 10, s. 9; S.M. 2015, c. 33, s. 16.

Property in wildlife vested in the Crown

85(1)       Except as otherwise herein provided, all property rights, title and interest in and to wildlife are vested in the Crown.

No Crown liability

85(2)       Notwithstanding subsection (1) or any other provision of this or any other Act of the Legislature, no right of action lies and no right of compensation exists against the Crown for death, personal injury or property damage caused by any wildlife or exotic wildlife.

S.M. 2000, c. 10, s. 10.

Property in lawfully killed wildlife

86(1)       Subject to this Act and the regulations, where a person kills any wildlife lawfully, he acquires all property, rights, title and interest in and to the carcass thereof and continues to have the property, rights, title and interest as long as he complies with the provisions of this Act and the regulations.

Property in live wildlife

86(2)       Subject to this Act and the regulations, where a person has possession of any wildlife that is live under a licence or permit that authorizes him to keep the wildlife, he has all property, rights, title and interest in and to the wildlife, and he continues to have the property, rights, title and interest as long as he complies with the provisions of this Act and the regulations.

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.

S.M. 2014, c. 19, s. 5.

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.

S.M. 2014, c. 19, s. 5.

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.

S.M. 2014, c. 19, s. 5.

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.

S.M. 2014, c. 19, s. 5.

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.

S.M. 2014, c. 19, s. 5.

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.

S.M. 2014, c. 19, s. 5.

Disposal of wildlife or exotic wildlife carcass

87(1)       The minister may dispose of the carcass or any part of the carcass of any wildlife or exotic wildlife that is the property of the Crown, by sale, donation or destruction; but this subsection does not apply in the case of wildlife or exotic wildlife that is confiscated under this Act.

Disposal of live wildlife or exotic wildlife

87(2)       The minister may dispose of any live wildlife or exotic wildlife in captivity that is the property of the Crown, by selling, donating, killing and destroying the wildlife or exotic wildlife or setting it free.

S.M. 2000, c. 10, s. 11.

Delegation of powers

87.1        The minister may delegate to the minister responsible for the administration of The Livestock Industry Diversification Act

(a) the power to issue permits and licences authorizing operators of game production farms to keep wild animals that are, or are intended to become, game production animals; and

(b) the power to sell or otherwise dispose of such animals to operators of game production farms.

S.M. 1996, c. 37, s. 39.

Compensation for livestock killed by accident

88(1)       Subject to subsection (2), where livestock is killed or injured by a person who is unknown to the owner thereof and who is hunting at a time hunting and killing of big game is permitted under this Act or a regulation made thereunder, with a firearm or bow and arrow suitable for hunting big game, the Minister of Finance on the recommendation of the minister may pay from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied, to the owner,

(a) as compensation for the loss of the livestock and for veterinarian's fees necessary to determine the cause of death; or

(b) as compensation for veterinarian's fees necessary to restore the livestock to health;

as the case may be, such sum as the minister may deem to be reasonable but not exceeding the value of the livestock as determined by the minister after deducting any salvage value thereof to the owner.

Conditions for compensation

88(2)       No payment shall be made under subsection (1)

(a) except in conformity with regulations therefor made by the Lieutenant Governor in Council; and

(b) unless the person to whom the payment is made has applied in writing therefor to the minister on a form approved by the minister, and has complied with the requirements of the regulations made under clause (a).

No application to game production animals

88(3)       In this section, "livestock" does not include a game production animal.

S.M. 1996, c. 37, s. 39.

Regulations

89          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) prescribing fees and charges that must be paid in respect of applications, licences and permits, and hunting licences allocated to a guide or outfitter under section 63.1;

(b) [repealed] S.M. 1991-92, c. 17, s. 5;

(c) [repealed] S.M. 2015, c. 33, s. 17;

(d) respecting the claims for and the manner of payment of compensation for damage to livestock;

(e) respecting the establishment, development and administration of such programs as may be deemed necessary to prevent, moderate or to provide compensation for damage to crops caused by wildlife;

(f) [repealed] S.M. 1991-92, c. 17, s. 5;

(g) prescribing such co-operative programs as may be deemed necessary to maintain hunter and trapper access to privately owned lands;

(h) respecting such other matters as may be required for the purposes of this Act.

S.M. 1989-90, c. 27, s. 33; S.M. 1991-92, c. 17, s. 5; S.M. 1992, c. 58, s. 36; S.M. 2005, c. 23, s. 7; S.M. 2015, c. 33, s. 17.

Regulations by minister

90          For the purpose of carrying out the provisions of this Act according to their intent, the minister may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section has the force of law; and without restricting the generality of the foregoing, the minister may make regulations

(a) respecting the issue of permits and licences and prescribing the terms and conditions thereof including, but without limiting the generality of the foregoing,

(i) limiting the number of permits or licences of any kind, class or type that may be issued, and in the event of a surplus of applications, prescribing the basis or method of selection of those to whom the permits or licences may be issued,

(ii) restricting the issue of permits or licences of any kind, class or type to residents, or prescribing separate permits or licences for residents, non-residents and foreign residents,

(iii) fixing age requirements or other qualifications for any permit or licence or class of permit or licence and prescribing special terms and conditions to which any permit or licence or class of permit or licence issued to persons who are under any age, or who do not have specified qualification, shall be subject;

(iv) establishing the manner in which permits and licences may be issued, including the submission of applications and the issuance of licences and permits using the Internet;

(b) prescribing the manner in which any coupon, tag or seal prescribed by the minister for use under this Act shall be used;

(c) designating a specific period during which a permit or licence is valid;

(d) designating a special method of hunting, killing, trapping or capturing wildlife for which a permit or licence is valid;

(e) specifying the days of the week during which a permit or licence is valid;

(f) designating a special area within which a permit or licence is valid;

(g) prohibiting or regulating the hunting, killing, trapping, taking, capturing, baiting or attracting of a species or type of wildlife or exotic wildlife

(i) generally,

(ii) in a specified area,

(iii) during a specified period of the year,

(iv) in a specified manner, or

(v) of a specified sex or age;

(h) prescribing periods of the year during which wildlife, or a species or type of wildlife, may be hunted, killed, trapped or taken, or during which the hunting, killing, trapping or taking of a specified species or type of wildlife is prohibited;

(i) prescribing specific days of the week on which wildlife, or any species or type thereof may be hunted, killed or taken, or during which hunting, killing or taking of a specified species or type of wildlife is prohibited;

(j) prescribing times of the day when hunting is prohibited or the hunting and killing of a specified species or type of wildlife is prohibited;

(k) regulating the use and management of, and the hunting, killing, trapping or taking of wildlife or exotic wildlife, or a species, type or kind of wildlife or exotic wildlife, in an animal control area, wildlife management area, public shooting ground, registered trapline district or special trapping area including, without limiting the generality of the foregoing,

(i) prescribing special permits and licences for hunting or trapping and prescribing terms and conditions, and

(ii) prescribing periods during which hunting or trapping of wildlife or exotic wildlife, or a species or type of wildlife or exotic wildlife, is permitted;

(k.1) regulating any activity associated with wildlife or exotic wildlife for the purpose of protecting persons, livestock, crops, or other property;

(l) authorizing and regulating the hunting of big game by two or more persons jointly;

(m) requiring non-residents and foreign residents to use the services of guides while hunting any species or type of wildlife in all or specified parts of the province;

(n) regulating the use of dogs for hunting or trapping wildlife or exotic wildlife or any species, type or kind thereof;

(o) regulating the use of blinds, decoys, baits, attractants and chemical immobilization agents in the hunting, trapping, capture, observation, feeding, care, possession or husbandry of wildlife or exotic wildlife;

(p) regulating the use of snares to catch or take wildlife or exotic wildlife;

(q) regulating the use and possession of firearms, ammunition and bows and arrows for hunting or trapping and, in particular

(i) the use or possession of specified types or classes of firearms or ammunition or bows and arrows for hunting or trapping purposes or for hunting or trapping specified species of wildlife or exotic wildlife or in a specified area, and

(ii) prescribing rules of safety for the use and possession of firearms and bows and arrows;

(r) prohibiting or regulating the possession of firearms or ammunition or bows and arrows, or certain types or classes thereof, in any part of the province;

(s) prescribing the colour and type of dress to be worn by persons hunting or trapping a species or type of wildlife or exotic wildlife;

(t) regulating the use of vehicles for any purpose relating to the hunting or trapping of wildlife;

(u) regulating the use of vehicles and every type of water craft in marshes;

(v) prescribing methods for or restrictions upon or prohibiting the hunting of wildlife at night;

(w) prescribing the maximum number of wildlife of any species or type that a person may have in his possession;

(x) prescribing the maximum number of wildlife of any species or type that a person may take, kill or capture in any day, week, month or year;

(y) respecting the length of time during which a person may have possession of the carcass of any wildlife after legally killing it, or any part of the carcass;

(z) regulating the possession of wildlife or exotic wildlife or any species or type thereof;

(aa) designating certain species or classes of animals as big game, game birds, small game, fur bearing animals, amphibians or reptiles, or as protected species, as the case may be;

(bb) [repealed] S.M. 1989-90, c. 27, s. 34;

(cc) prohibiting or regulating the importation into, or possession within, the province of any species or type of animal;

(dd) prescribing conditions respecting the import, export or possession of any animal;

(ee) regulating the possession of any animal brought into the province and requiring permits to be obtained prior to bringing them into the province;

(ff) prescribing the terms and conditions under which meat of wildlife may be stored in frozen food locker plants or cold storage plants including, without limiting the generality of the foregoing,

(i) regulating the number of carcasses or the amount of meat of any species or type of wildlife that may be stored by any person or class of person,

(ii) regulating the time when and length of periods during which meat of wildlife may be so stored, and

(iii) prescribing the records to be kept by the operator of the plant in respect of the meat of wildlife stored therein;

(gg) regulating the sale of wildlife or exotic wildlife raised and kept in captivity;

(gg.1) regulating the sale of wildlife or exotic wildlife brought into the province;

(hh) respecting the licencing and operation of shooting preserves, and the possession, raising, propagation and taking of wildlife and exotic wildlife in captivity;

(ii) regulating the training of dogs for hunting and the use of wildlife therefor, and the licencing of dog trainers;

(ii.1) for the purpose of section 30.1, respecting the licencing of or the issuing of permits to persons who sell, buy, trade or barter wild animals or the parts of wild animals;

(jj) respecting the licencing of taxidermists, tanners and fur dealers;

(kk) prescribing records that a person to whom a permit or licence is issued shall keep, and returns and reports that the person shall make to the minister;

(ll) regulating the serving of the meat of any wild animal for food in a place where meals are served for remuneration or in the hope or expectation thereof;

(mm) [repealed] S.M. 1991-92, c. 17, s. 6;

(nn) regulating hunting or trapping on leased Crown lands to ensure the safety of persons and property;

(oo) regulating the handling, possession or transporting of any species or type of wildlife or any parts thereof;

(pp) regulating or prohibiting the activities of guides and prescribing the duties of guides;

(pp.1) respecting the allocation of hunting licences to guides and outfitters under section 63.1;

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

(qq) respecting the hunting, trapping, killing, taking or capturing of wildlife or exotic wildlife for gain, remuneration or reward or the hope or expectation of gain, remuneration or reward;

(qq.1) exempting or excluding any class of person, activity or animal from the application of all or any part of this Act;

(qq.2) prescribing anything referred to in this Act as being prescribed;

(rr) respecting such other matters as may be required for the purposes of this Act.

S.M. 1989-90, c. 27, s. 34; S.M. 1991-92, c. 17, s. 6; S.M. 1992, c. 58, s. 36; S.M. 1993, c. 48, s. 43; S.M. 1996, c. 37, s. 39; S.M. 2000, c. 10, s. 12; S.M. 2005, c. 23, s. 8; S.M. 2008, c. 42, s. 97; S.M. 2014, c. 19, s. 6; S.M. 2015, c. 33, s. 18.

Application of regulations

91          A regulation under this Act may be made to apply to the whole province or any part of the province.

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.

S.M. 2014, c. 19, s. 7.

Disposal of rents, fees, fines

92(1)       Save as may be otherwise provided in this Act or the regulations, all rentals, licence fees, fines, penalties, proceeds of sale of articles or things confiscated, forfeited or seized, and any other receipts, fees and revenue under this Act and the regulations or under any lease, licence or other instrument, shall be paid to the Minister of Finance.

Costs of administration

92(2)       All costs incurred in the administration of this Act shall be paid from and out of the Consolidated Fund with monies authorized by an Act of the Legislature to be so paid and applied.

S.M. 2015, c. 33, s. 19.

Rights against trespassers preserved

93          Nothing in this Act limits or affects any rights or remedies that any person has at common law or by statute for trespass in respect of land.

Act subject to Natural Resources Transfer Act

94          This Act is subject to paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act.

S.M. 2010, c. 33, s. 71.

SCHEDULE A

WILD ANIMALS

Division 1 — Big Game

Moose Alces alces

Elk Cervus elaphus

Barren-ground Caribou Rangifer tarandus groenlandicus

Woodland Caribou Rangifer tarandus caribou

White-tailed Deer Odocoileus virginianus

Mule Deer Odocoileus hemionus

Black Bear Ursus americanus

Gray (Timber) Wolf Canis lupus

Division 2 — Fur Bearing Animals

Beaver Castor canadensis

Short-tailed Weasel Mustela erminea

Long-tailed Weasel Mustela frenata

Coyote Canis latrans

Fisher Martes pennanti

Arctic Fox Canis lagopus

Red Fox Canis vulpes

River Otter Lutra canadensis

Badger Taxidea taxus

Bobcat Felis rufus

Marten Martes americana

Mink Mustela vision

Muskrat Ondatra zibethica

Red Squirrel Tamiasciurus hudsonicus

Wolverine Gulo gulo

Raccoon Procyon lotor

Lynx Felis canadensis

Division 3 — Game Birds

Ruffed Grouse Bonasa umbellus

Gray (Hungarian) Partridge Perdix perdix

(Wild) Turkey Meleagris gallopava

Rock Ptarmigan Lagopus mutus

Willow Ptarmigan Lagopus lagopus

Spruce Grouse Canachites canadensis

Sharp-tailed Grouse Pedioecetes phasianellus

Plus Migratory Game Birds protected in Canada under the Migratory Birds Convention Act, 1994 (Canada).

Division 4 — Small Game Animals

Division 5 — Amphibians and Reptiles

Northern Leopard Frog Rana pipiens

(includes tadpoles)

Tiger Salamander Ambystoma tigrinum

Red-sided Garter Snake Thamnophis sirtalis

Western Plains Garter Snake Thamnophis radix

Division 6 — Protected Species

Pronghorn (Antelope) Antilocapra americana

Cougar Felis concolor

White Pelican Pelecanus erythrorhynchos

Double-crested Cormorant Phalacrocorax auritus

Greater Prairie Chicken Tympanuchus cupido

All vultures, eagles, hawks,

osprey and falcons Falconiformes

All owls Strigiformes

Kingfisher Megaceryle alcyon

Blue Jay Cyanocitta cristata

Gray (Canada) Jay Perisoreus canadensis

Common Raven Corvus corax

Western Hognose Snake Heterodon nasicus

Northern Prairie Skink Eumeces septentrionalis

Plains Spadefoot Toad Scaphiopus bombifrons

Polar Bear Ursus maritimus

Wood Bison (except Wood

Bison kept in captivity

and privately owned) Bison bison athabascae

Snapping Turtle Chelydra serpentina

Painted Turtle Chrysemys picta

Plus Migratory Non-Game Birds and Migratory Insectivorous Birds protected in Canada under the Migratory Birds Convention Act, 1994 (Canada).

S.M. 1991-92, c. 17, s. 7; S.M. 1994, c. 8, s. 11; S.M. 2002, c. 47, s. 21; S.M. 2008, c. 42, s. 97; S.M. 2015, c. 33, s. 20.