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2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 24

THE ENDANGERED SPECIES AMENDMENT ACT (ECOSYSTEM PROTECTION AND MISCELLANEOUS AMENDMENTS)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. E111 amended

1

The Endangered Species Act is amended by this Act.

2

The title is amended by adding "AND ECOSYSTEMS" after "SPECIES".

3

The preamble is amended

(a) in clause (a), by adding "and ecosystems" after "animal species"; and

(b) by replacing clause (b) with the following:

(b) it is critical that coordinated efforts be made to protect plant and animal species and ecosystems that are at risk and to promote their recovery;

4

Section 1 is amended

(a) by renumbering it as subsection 1(1);

(b) by adding the following definitions:

"advisory committee" means the Endangered Species and Ecosystems Advisory Committee continued under section 6; (« Comité consultatif »)

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

"ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit; (« écosystème »)

"species of special concern" means a species that is declared a species of special concern under subsection 8(5); (« espèce préoccupante »)

(c) by repealing the definitions "extinct species" and "wildlife group"; and

(d) by adding the following as subsections 1(2) and (3):

Reference to "Act" includes regulations

1(2)

In this Act, a reference to "this Act" includes the regulations made under this Act.

Interpretation — reintroduction of extirpated species

1(3)

For the purpose of this Act, an extirpated species may be reintroduced into Manitoba as the result of actions authorized by department officials or by natural movements or migration of the species.

5

Subsection 2(1) is amended

(a) in clause (a), by adding "and species of special concern" after "threatened species"; and

(b) by replacing clause (c) with the following:

(c) to conserve and protect endangered and threatened ecosystems in the province and promote the recovery of those ecosystems.

6

Sections 4 and 5 are repealed.

7

The following is added after section 5:

Delegating minister's powers

5.1

The minister may delegate to an employee of the government any power conferred or duty imposed on the minister under this Act.

8(1)

Subsection 6(1) is replaced with the following:

Advisory committee continued

6(1)

The Endangered Species Advisory Committee is continued as the Endangered Species and Ecosystems Advisory Committee.

8(2)

Subsections 6(2), (3) and (5) are amended by striking out "Endangered Species Advisory Committee" and substituting "advisory committee".

9

The following is added after section 6:

Role of advisory committee

6.1(1)

The advisory committee is responsible for providing advice and recommendations to the minister with respect to

(a) species that are endangered, threatened, extirpated or that are of special concern; and

(b) ecosystems that are endangered or threatened.

Annual recommendations

6.1(2)

The advisory committee must provide the minister with its advice and recommendations respecting the matters set out in subsection (1) each year.

Studies by advisory committee

6.2(1)

The minister may direct the advisory committee to conduct a study on any matter relating to plants, animal life, ecosystems or biodiversity in the province.

Report to minister

6.2(2)

When the advisory committee conducts a study at the direction of the minister, the committee must provide the minister with a report setting out its findings and any recommendations it may have on the matter in question.

10

Subsection 7(1) is amended

(a) by adding ", a species of special concern or the protection of an endangered or threatened ecosystem" after "extirpated species"; and

(b) by adding "gift, exchange, bequest" after "lease".

11

The centred heading for Part III is replaced with "SPECIES AT RISK".

12(1)

Subsection 8(3) is repealed.

12(2)

The following is added after subsection 8(4):

Species of special concern

8(5)

Where the Lieutenant Governor in Council determines that a species indigenous to Manitoba is at risk of becoming a threatened or endangered species because of a combination of biological characteristics and identified threats to the species, the Lieutenant Governor in Council may, by regulation, declare the species to be a species of special concern.

13

The following is added after section 8:

Recovery strategy for threatened and endangered species

8.1(1)

When a species has been designated an endangered or threatened species, the department must prepare a recovery strategy that sets out the steps to be taken to prevent any further reductions of the species and to promote the recovery of the species.

Recovery strategy for extirpated species

8.1(2)

When a species has been designated an extirpated species, the department must prepare a recovery strategy that sets out the steps to be taken to reintroduce the species in Manitoba, unless the minister determines that it is not practicable to reintroduce the species.

Management plan for species of special concern

8.1(3)

When a species has been designated a species of special concern, the department must prepare a plan that sets out the steps to be taken to manage the population of the species.

14

Subsection 9(1) is amended

(a) in clauses (a) and (b), by adding ", a species of special concern" after "a threatened species"; and

(b) by adding the following after clause (b):

(b.1) prohibiting or regulating the entry into the province or any specified area of the province of any species of plant or animal or any other thing that poses a threat to an endangered species, a threatened species, a species of special concern or an extirpated species that has been reintroduced;

(b.2) exempting a person or class of persons from specified provisions of this Act in prescribed circumstances;

15

Clause 10(1)(a) is amended by striking out "an endangered species" and substituting "a member of an endangered species".

16

Subsection 11(1) is amended in the part after clause (b) by adding ", management" after "protection".

17

Subsection 12(1) is amended

(a) in clause (a), by striking out "or the habitat" and substituting "and its habitat"; and

(b) in clause (b), by striking out everything after "the development upon" and substituting "the species and its habitat.".

18

The following is added after section 12 and before the centred heading for Part IV:

PART III.1

ENDANGERED AND THREATENED

ECOSYSTEMS

Endangered ecosystems

12.1(1)

Where the Lieutenant Governor in Council determines that the continued viability of an ecosystem is at serious risk throughout all or a significant portion of its Manitoba range, the Lieutenant Governor in Council may, by regulation, declare the ecosystem an endangered ecosystem.

Threatened ecosystems

12.1(2)

Where the Lieutenant Governor in Council determines that an ecosystem is at risk of becoming endangered, the Lieutenant Governor in Council may, by regulation, declare the ecosystem a threatened ecosystem.

Description of ecosystem

12.1(3)

A regulation under this section must contain a description of the designated ecosystem.

Recovery strategy

12.2

When an ecosystem has been designated an endangered or threatened ecosystem, the department must prepare a recovery strategy that sets out the steps to be taken to prevent any further losses of the ecosystem and to promote the recovery of the ecosystem.

Ecosystem preservation zones

12.3(1)

The Lieutenant Governor in Council may establish and maintain a system of ecosystem preservation zones in the province.

Designating ecosystem preservation zones

12.3(2)

When an ecosystem has been designated as an endangered or threatened ecosystem, the Lieutenant Governor in Council may, by regulation, designate an area of Crown land that contains examples of that ecosystem as an ecosystem preservation zone.

Regulations

12.4

When an ecosystem preservation zone has been designated, the Lieutenant Governor in Council may make regulations to protect the ecosystem located in the zone, including regulations

(a) prohibiting or restricting entry into the ecosystem preservation zone;

(b) respecting the issuance, suspension and cancellation of licences or permits to enter the ecosystem preservation zone;

(c) prohibiting, governing or regulating any activity, use or thing in the ecosystem preservation zone.

PART III.2

ENFORCEMENT

Production of identification

12.5

An officer exercising a power under this Act must produce identification when requested to do so.

Entry on private property

12.6

When discharging duties under this Act, an officer may enter and pass through or over private land without being liable for trespass.

Officer may stop vehicle

12.7(1)

For the purpose of enforcing this Act, an officer may signal or request a vehicle to stop, and the person having control of the vehicle must bring the vehicle to a stop and must not proceed until permitted to do so by the officer.

Inspection

12.7(2)

An officer may inspect any plant or animal species found in or on a vehicle.

Arrest without warrant

12.8

An officer who witnesses the commission of an offence under this Act may arrest the person committing the offence without a warrant and bring the person before a justice to be dealt with according to law.

Seizure in execution of duties

12.9(1)

An officer acting in the course of his or her duties who discovers an offence under this Act being committed may seize any thing that is used or involved in the commission of the offence or that 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 for search and seizure

12.9(2)

A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found in any place, premises or vehicle any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an officer and any other person named in the warrant to enter and search the place, premises or vehicle for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Application without notice

12.9(3)

A warrant under this section may be issued upon application without notice.

Search and seizure without warrant

12.9(4)

An officer may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one. In that case, the item seized must be brought before, or reported to, a justice, who must deal with it according to law.

Exemption for officer

12.10(1)

For the purpose of conducting investigations related to the enforcement of this Act, the minister may exempt an officer from the application of provisions of this Act.

Requirements

12.10(2)

An exemption must be in writing and include restrictions respecting

(a) the duration of the exemption; and

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

No obstruction or false statements

12.11

A person must not obstruct an officer carrying out his or her duties under this Act or make a false or misleading statement to an officer.

Prevention order

12.12(1)

If an officer is of the opinion that any activity which is being, or which is about to be, carried out by a person would result, or would be likely to result, in a contravention of this Act, the officer may issue an order (a "prevention order") requiring the person to cease engaging in the activity set out in the order.

Service of prevention orders

12.12(2)

A prevention order may be served on a person

(a) by delivering a copy of the order to the person or an agent of the person; or

(b) by sending a copy of the order by registered mail to the last known address of the person.

Duration of prevention order

12.12(3)

A prevention order remains in effect until it is

(a) withdrawn or discontinued by the officer who issued it; or

(b) set aside or varied on an appeal under section 12.13.

Duty to comply with order

12.12(4)

A person who is the subject of a prevention order must comply with the order.

Appeal of prevention order

12.13(1)

A person who is the subject of a prevention order may appeal the order to the minister.

How to appeal

12.13(2)

The person appealing must send a written appeal notice to the minister within 14 days after the date of the order, or within any further period that the minister may allow. The notice must state the reasons for the appeal.

Hearing not required

12.13(3)

The minister is not required to hold a hearing before deciding an appeal.

Decision

12.13(4)

On an appeal, the minister may confirm, vary or set aside the prevention order.

19

The centred heading to Part IV is amended by adding "AND PENALTIES" after "OFFENCES".

20

Section 13 is replaced with the following:

Offence and penalty

13(1)

A person who contravenes a provision of this Act is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $50,000 or imprisonment for a term not exceeding six months, or both; and

(b) in the case of a corporation, to a fine of not more than $250,000.

Additional penalty

13(2)

In addition to any penalty imposed under subsection (1), a court may require the convicted person to pay an additional fine that takes into account any monetary benefit, or estimated monetary benefit, that accrued to the convicted person as a result of the offence.

Liability of directors and officers

13(3)

If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in clause (1)(a) or subsection (2), whether or not the corporation has been prosecuted or convicted.

21

The following is added after section 13:

Forfeiture order re seized items

13.1

In addition to any other penalty that may be imposed on a person convicted of an offence under this Act, a court may order that any item seized under this Act be forfeited to the Crown and disposed of as directed by the minister.

22

Section 14 is amended by striking out "or the regulations".

23

The following is added after section 14 and before Part V:

Limitation period

14.1

A prosecution for an offence under this Act may not be commenced later than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an officer. A certificate of the officer as to the day on which the evidence came to his or her knowledge is evidence of that date.

Consequential amendment, C.C.S.M. c. C340

24

Clause 7.1.1(2)(c) of The Crown Lands Act is amended by adding "and Ecosystems" after "Endangered Species".

Consequential amendment, C.C.S.M. c. W130

25

Subsection 69.1(1) of The Wildlife Act is amended by adding "and Ecosystems" after "Endangered Species".

Coming into force

26

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill makes a number of amendments to The Endangered Species Act. The key changes are as follows:

Ecosystem Protection

An ecosystem may be designated as an endangered or threatened ecosystem. When a designation has been made, an ecosystem protection zone can be established to protect examples of the ecosystem located within the zone. Regulations will set out rules to prohibit conduct in an ecosystem protection zone that poses a threat to the ecosystem. A recovery strategy must be prepared to promote the recovery of endangered and threatened ecosystems.

Protection for Species at Risk

A plant or animal species may be designated as a species of special concern if it is at risk because of a combination of biological characteristics and identified threats. A strategy must be established to manage the population of a species of special concern. A recovery strategy must be prepared to prevent further reductions of endangered and threatened species and to reintroduce an extirpated species.

Enforcement Powers

Rather than just referencing the powers of officers under The Wildlife Act, the Bill explicitly sets out the powers that officers have to enforce the Act. Officers may obtain a written authorization exempting them from specific provisions of the Act while conducting investigations. Prevention orders may be issued requiring a person to stop engaging in activity that would contravene the Act.

Increased Penalties

The penalties under the Act are increased. Items that have been seized from a person convicted of an offence may be forfeited to the government.

Act Updated

The language in several provisions is updated or clarified and obsolete provisions are repealed. Consequential amendments are made to The Crown Lands Act and The Wildlife Act.