2nd Session, 43rd Legislature
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Bill 221
THE WILDLIFE AMENDMENT ACT
| 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:
C.C.S.M. c. W130 amended
1 The Wildlife Act is amended by this Act.
2 Subsection 24(3) is repealed.
3(1) Subsection 36(1) is amended by striking out "subsection (2)" and substituting "subsections (1.1) and (2)".
3(2) The following is added after subsection 36(1):
Offence and penalty re protected species
36(1.1) A person who, after the coming into force of this subsection, contravenes section 20 is guilty of an offence and is liable
(a) for a first offence, to a fine of no less than $10,000 and no more than $100,000, or to imprisonment for a term of no more than one year, or both; and
(b) for a second or subsequent offence, to a fine of no less than $20,000 and no more than $200,000, or to imprisonment for a term of no more than two years, or both.
4(1) Subsection 37(1) is replaced with the following:
Licences cancelled
37(1) When a person is convicted of an offence under this Division, all of the licences of the 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.
Suspension of eligibility to obtain or hold licences
37(1.1) Subject to subsection (5), when a person is convicted of an offence under this Division, the right of the person to obtain or hold a licence of a kind described in subsection (1) is suspended
(a) for one year; or
(b) for two years, in the case of a conviction for which a penalty is imposed under clause 36(1.1)(a).
4(2) Subsection 37(2) is amended by striking out "subsection (1)" and substituting "subsection (1.1)".
4(3) The following is added after subsection 37(4):
Lifetime ban for second protected species offence
37(5) When a person is convicted of an offence for which a penalty is imposed under clause 36(1.1)(b), the right of the person to obtain or hold a licence of a kind described in subsection (1) is suspended indefinitely, and the person must not obtain or attempt to obtain such a licence.
5 Subsection 46(1) is amended by striking out "antelope, cougar, elk or game bird" and substituting "elk or game bird or an antelope, cougar or any other animal of a protected species".
Coming into force
6 This Act comes into force on the day it receives royal assent.
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Explanatory Note The Wildlife Act is amended by this Act. Permits are no longer to be issued to exempt a person from the Act's prohibition on the use of poison to trap, take or kill a wild animal. In addition, the penalties for unlawfully hunting or trapping an animal of a protected species are increased. A convicted person is subject to a fine ranging from $10,000 to $100,000 and imprisonment for up to one year. A repeat offender is subject to a fine ranging from $20,000 to $200,000 and imprisonment for up to two years. The right of a convicted person to hold a hunting licence is suspended for two years and a repeat offender's right to hold a hunting licence is suspended indefinitely. The list of wild animals that must not be killed or taken for the purpose of defending or preserving private land is expanded to include all protected species. |