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S.M. 1989-90, c. 27
Bill 35, 2nd Session, 34th Legislature
The Wildlife Amendment Act
(Assented to March 8, 1990)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Wildlife Act is amended by this Act.
Section 1 is amended
(a) by adding the following definitions in alphabetical order within the section:
"loaded firearm" means,
(a) in the case of a firearm that uses a cartridge or shell, a firearm having a live cartridge or shell in the barrel, breach, firing compartment or attached magazine,
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place, and
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the flash-pan of which is charged with powder; («arme à feu chargée»)
"poison device" means a device designed to propel a poison by mechanical or explosive means; («méécanisme d'empoisonnement»)
(b) by repealing the definition of "hunting" and substituting the following:
"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»)
(c) by repealing the definition of "officer" and substituting the following:
"officer" means
(a) a person appointed as an officer under subsection 68(2),
(b) a peace officer appointed under an Act of the Legislature or the Parliament of Canada, or
(c) an officer appointed under the Customs Act (Canada). («agent»)
Clause 5(2)(b) is repealed.
Section 7 is repealed.
Subsection 8(1) is repealed.
Subsection 8(2) is repealed.
Section 13 is amended by striking out "or a regulation made thereunder".
Section 14 repealed and substituted
Section 14 is repealed and the following is substituted:
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.
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.
A suspension under this section is effective from the date of the conviction.
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.
Subsection 15(1) and Division heading repealed and substituted
Subsection 15(1) and the Division heading preceding it are repealed and the following is substituted:
DIVISION 2
HUNTING AND TRAPPING OFFENCES
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.
Section 16 repealed and replaced
Section 16 is repealed and the following is substituted:
Hunting or trapping in damaging manner
No person shall hunt or trap wildlife in a manner that causes or is likely to cause damage to crops, livestock or other property.
Sections 17 and 18 repealed and substituted
Sections 17 and 18 are repealed and the following is substituted:
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.
Hunting or trapping for remuneration
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).
Section 20 is amended by adding ", trap, take," after "hunt".
Section 24 repealed and substituted
Section 24 is repealed and the following is substituted:
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.
No person shall possess poison or a poison device for the purpose of hunting, trapping, taking or killing a wild animal.
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.
Section 26 repealed and substituted
Section 26 is repealed and the following is substituted:
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.
Section 33 repealed and substituted
Section 33 is repealed and the following is substituted:
Hunting or trapping on private land or leased Crown land
No person shall hunt or trap 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.
Subsection 34(2) is repealed.
Section 36 repealed and substituted
Section 36 is repealed and the following is substituted:
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 $3,000. or to imprisonment for a term of no more than two months, or both.
Section 37 repealed and substituted
Section 37 is repealed and the following is substituted:
Where a person is convicted of an offence under this Division, other than an offence under section 20, 31, 33, 34 or 35, 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.
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.
A suspension under this section is effective from the date of the conviction.
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.
Division heading preceding section 38 repealed and substituted
The Division heading preceding section 38 is repealed and the following is substituted:
DIVISION 3
FUR BEARING ANIMAL OFFENCES
Subsection 38(1) is amended by adding ", trap" after "hunt" wherever it occurs.
Subsection 41(2) repealed and substituted
Subsection 41(2) is repealed and the following is substituted:
No person who traps, takes or kills a fur bearing animal shall
(a) sell or barter its pelt, skin or hide; or
(b) leave its pelt, skin or hide with a taxidermist, tanner or other processor to be mounted, dressed or tanned;
without paying to the Minister of Finance the royalty prescribed in the regulations.
Section 44 is repealed.
Section 54 is repealed.
Section 58 is repealed.
Section 65 is amended by adding ", trap" after "hunt".
Section 67 is repealed.
Subsection 68(2) repealed and substituted
Subsection 68(2) is repealed and the following is substituted:
The minister may appoint officers for the purpose of carrying out the Act and the regulations.
Subsection 70(4) repealed and substituted
Subsection 70(4) is repealed and the following is substituted:
Inspection of hunting or trapping camps
An officer may inspect any camps occupied by hunting or trapping parties.
Clause 76(a) repealed and substituted
Clause 76(a) is repealed and the following is substituted:
(a) by reason of that person having trapped, taken, killed, procured or kept any 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 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
Section 77 repealed and substituted
Section 77 is repealed and the following is substituted:
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, permit, wildlife certificate 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, permit, wildlife certificate 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
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.
The minister may designate any person who the minister deems qualified to conduct examinations for the purpose of subsection (2).
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.
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.
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, permit or wildlife certificate, is prima facie proof that the person so charged is that holder.
Section 80 is renumbered as section 81 and the following is added as section 80:
A person who contravenes or fails to observe a provision of this Act or the regulations is guilty of an offence.
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 $1,500. or to imprisonment for a term of no more than one month, or both.
A person who is convicted of an offence against the regulations is liable to a fine of no more than $1,500. or to imprisonment for a term of no more than one month, or both.
Section 81 is repealed.
Section 84 is amended by renumbering it as subsection 84(1) and by adding the following as subsection 84(2):
The minister may enter into lease agreements with the owners of lands for the purposes of wildlife management.
Clause 89(g) is amended by adding "and trapper" after "hunter".
Section 90 is amended by repealing clauses (g), (h), (k), (n), (q), (s), (t) and (nn) and substituting the following:
(g) prohibiting or regulating
(i) the hunting, killing, trapping, taking or capturing of a species or type of wildlife,
(ii) the hunting, killing, trapping, taking or capturing of a species or type of wildlife in a specified area,
(iii) the hunting, killing, trapping, taking or capturing of a species or type of wildlife during a specified period of the year,
(iv) the hunting, killing, trapping, taking or capturing of a species or type of wildlife in a specified manner, or
(v) the hunting, killing, trapping, taking or capturing of any wildlife 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;
(k) regulating the use and management of, and the hunting, killing, trapping or taking of wildlife or a species, type or kind of 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 a species or type of wildlife is permitted;
(n) regulating the use of dogs for hunting or trapping wildlife or any species, type or kind thereof;
(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 in a specified area, and
(ii) prescribing rules of safety for the use and possession of firearms and bows and arrows;
(s) prescribing the colour and type of dress to be worn by persons hunting or trapping a species or type of wildlife;
(t) regulating the use of vehicles for any purpose relating to the hunting or trapping of wildlife;
(nn) regulating hunting or trapping on leased Crown lands to ensure the safety of persons and property;
Clause 90(bb) is repealed.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
The following provisions come into force on the day The Endangered Species Act comes into force:
(a) section 3;
(b) section 4;
(c) subsection 5(2);
(d) subsection 34(2).