5th Session, 42nd Legislature
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Bill 214
THE ECOLOGICAL RESERVES AMENDMENT ACT (ECOLOGICAL CORRIDORS)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Ecological Reserves Act is amended by this Act.
2 The title is replaced with "THE ECOLOGICAL RESERVES AND CORRIDORS ACT".
3 Section 1 is amended by adding the following definitions:
"corridor" means Crown land that is designated as an ecological corridor under section 3.2; (« corridor »)
"habitat" means land, water or substrate occupied at any time during the life cycle of a species that is necessary for spawning, breeding, feeding, growth to maturity or migration; (« habitat »)
"wildlife" means an animal of any species that is wild by nature and is indigenous to Manitoba or migrates to or through Manitoba. (« animal de la faune » ou « faune »)
4 The following is added after section 1:
PART 1
5 Section 3.1 is renumbered as subsection 4(3) and is amended
(a) in the section heading of the English version, by adding "and corridors" after "Reserves"; and
(b) by striking out "reserves and the ecological reserve system" and substituting "reserves, the ecological reserve system, corridors and the ecological corridor system".
6 The following is added as Part 2:
PART 2
ECOLOGICAL CORRIDORS
System of ecological corridors
3.2(1) The Lieutenant Governor in Council may establish and maintain a system of ecological corridors in the province.
Designation of corridors by LG in C
3.2(2) The Lieutenant Governor in Council may by regulation designate Crown land in the province that features a landscape or body of water which facilitates movement of wildlife from one habitat to another as an ecological corridor.
Purpose of ecological corridors
3.3 Subject to the provisions of this Act, corridors shall be devoted to, and shall be designed and administered to fulfill, the following purposes:
(a) To ensure long-term habitat connectivity for wildlife migration, dispersal and adaptation to climate change.
(b) To restore wildlife movements that have been disrupted by habitat loss, degradation or fragmentation.
3.4(1) Within 24 months after the coming into force of this section, the minister must develop an ecological corridor strategy.
3.4(2) The ecological corridor strategy must be based on the following principles:
Consultation: Local communities should be consulted about the strategy because local communities have the most knowledge about local wildlife.
Innovation: Innovative strategies and techniques should be used to promote the preservation, improvement and creation of ecological corridors.
Local participation: Local communities should participate in the preservation, improvement and creation of ecological corridors and should be given the opportunity to participate in decision-making respecting ecological corridors.
Public awareness: Public awareness respecting ecological corridors, habitat loss and climate change should be promoted to foster long-term habitat connectivity.
3.4(3) The ecological corridor strategy must identify
(a) wildlife that has experienced habitat loss or is susceptible to habitat loss;
(b) locations where the movement of wildlife is hindered or prevented because of human infrastructure, climate change or the loss, degradation and fragmentation of habitats; and
(c) policies and projects that would result in the preservation, improvement and creation of ecological corridors.
Strategy reviewed every five years
3.4(4) The ecological corridor strategy must be reviewed by the minister at least once every five years.
3.4(5) Within six months after the end of each fiscal year, the minister must prepare a report on the progress made and the activities undertaken in relation to implementing the strategy in the previous fiscal year.
Minister may establish local management committee
3.5(1) For each ecological corridor that is designated under this Part, the minister may appoint persons to a local management committee that is to make recommendations to the minister respecting the preservation, improvement and management of the ecological corridor.
3.5(2) The purpose of a local management committee is to provide an opportunity for the community in which an ecological corridor exists to participate in the preservation, improvement and management of the ecological corridor.
3.5(3) The minister shall appoint individuals to the local management committee who reside in the community in which the ecological corridor exists.
Reasons required when recommendation not implemented
3.5(4) If a local management committee makes a recommendation and the minister does not implement the recommendation, the minister must give the committee written reasons for the decision not to implement the recommendation.
7 Subsection 4(1) is replaced with the following:
PART 3
MANAGEMENT OF RESERVES AND CORRIDORS
Programs within reserves and corridors
4(1) Subject to the provisions of this Act, the minister may within any reserve or corridor implement such measures, programs, projects, undertakings or things as in the minister's opinion are likely to achieve the purposes described in section 3 or section 3.3, as the case may be.
8 Subsection 4(2) is amended
(a) in clause (b), by adding "or corridor" after "reserve";
(b) in clause (c), by adding "or corridors" after "reserves"; and
(c) by striking out "and" at the end of clause (b), adding "and" at the end of clause (c) and adding the following after clause (c):
(d) include land that is not Crown land in the ecological corridor system.
9(1) Subsection 4.1(1) is amended
(a) in the part before clause (a), by striking out "reserves and the ecological reserve system" and substituting "reserves, the ecological reserve system, corridors and the ecological corridor system";
(b) in clauses (a) and (b), by adding "and corridors" after "reserves" wherever it occurs;
(c) in clause (c), by adding "and corridors" after "reserves"; and
(d) by adding the following after clause (c):
(c.1) respecting local management committees, including composition of a committee and its duties;
9(2) Subsection 4.1(2) is amended by adding "or corridor" after "reserve" wherever it occurs.
10 Section 5 is amended by adding "or corridor" after "reserve" wherever it occurs.
11 Clauses 6(a) and (b) are amended by adding "or corridor" after "reserve".
12(1) Subsection 8(1) is amended
(a) in the part before clause (a), by striking out "No person shall" and substituting "Subject to subsection (5), no person shall"; and
(b) by adding "or corridor" after "reserve" wherever it occurs.
12(2) Subsection 8(2) is amended by adding "or corridor" after "reserve" wherever it occurs.
12(3) Subsection 8(3) is amended
(a) in the section heading of the English version, by striking "Reserve" and substituting "Designated"; and
(b) by adding "or as an ecological corridor" after "reserve".
12(4) Clause 8(4)(a) is amended by adding "or corridor" after "reserve".
12(5) The following is added after subsection 8(4):
8(5) This section does not apply to land that is included in the ecological corridor system by an agreement made under clause 4(2)(d).
13 Subsection 9(6) is amended
(a) in clause (a), by adding "or as corridors" after "reserves"; and
(b) in clause (c), by adding "or corridors" after "reserves".
14 Subsection 10(6) is amended by adding "or corridor" after "reserve".
15 The following is added after section 11:
PART 4
GENERAL
RELATED AMENDMENTS
16(1) The Crown Lands Act is amended by this section.
16(2) Section 1 is amended by adding the following definition:
"corridor" means a corridor as defined in The Ecological Reserves and Corridors Act; (« corridor »)
16(3) Subsection 7.1.1(2) is amended by adding the following after clause (c):
(c.1) whether the wetland contains or could contain any corridors;
17(1) The Planning Act is amended by this section.
17(2) Subsection 1(1) is amended by adding the following definition:
"corridor" means a corridor as defined in The Ecological Reserves and Corridors Act. (« corridor »)
17(3) Clause 5(3)(b) is amended by adding the following after subclause (vi):
(vi.1) corridors,
18(1) The Water Protection Act is amended by this section.
18(2) Subsection 1(1) is amended by adding the following definition:
"corridor" means a corridor as defined in The Ecological Reserves and Corridors Act. (« corridor »)
18(3) Subsection 5(2) is amended by striking out "and" at the end of clause (g) and adding the following after clause (g):
(g.1) whether the area contains or could contain any corridors; and
18(4) Clause 5(3)(c) is amended by adding ", corridor" after "reserve".
18(5) The following is added after subclause 16(1)(b)(vii):
(viii) corridors;
19(1) The Wildlife Act is amended by this section.
19(2) Section 1 is amended by adding the following definition:
"corridor" means a corridor as defined in The Ecological Reserves and Corridors Act; (« corridor »)
19(3) The following is added after subsection 2(3):
Consideration of ecological corridors
2(4) Before making a designation under subsection (2) or (3), the Lieutenant Governor in Council must consider the impact of the designation on existing and potential corridors.
CONSEQUENTIAL AMENDMENT
20 Clause 61(1)(f) of The Mines and Minerals Act is replaced with the following:
(f) land that is established as an ecological reserve or ecological corridor, as provided by a regulation made under The Ecological Reserves and Corridors Act; or
COMING INTO FORCE
21 This Act comes into force on the day it receives royal assent.