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S.M. 2018, c. 33
Bill 29, 3 rd Session, 41st Legislature
The Wildlife Amendment Act (Safe Hunting and Shared Management)
This note is a reader's aid and is not part of the law.
This Act contains amendments to The Wildlife Act. They include the following:
(Assented to November 8, 2018)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Wildlife Act is amended by this Act.
2 Section 1 is amended by adding the following definition:
3 Section 12 is replaced with the following:
12(1) No person shall hunt at night, except when permitted under section 12.1 or 12.2 or by regulation.
12(2) Without limiting the conduct prohibited under subsection (1), a person is deemed to be hunting at night if
(a) they, or another person in their company, directs an artificial light at night into an area where a vertebrate animal may reasonably be expected to be found;
(b) they are in possession of a firearm or have ready access to a firearm; and
(c) their firearm is loaded or they have ready access to ammunition for their firearm.
12.1 Within the area designated as northern Manitoba in Schedule B, an aboriginal person may hunt at night if
(a) the person's hunting is an exercise of aboriginal rights or treaty rights or rights under paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act; and
(b) the person complies with all prohibitions and requirements established by regulation.
12.2(1) Within the area designated as southern Manitoba in Schedule B, an aboriginal person may hunt at night if
(a) the person holds a valid permit that authorizes the person to hunt at night; and
(b) the person is hunting in an area specified in the permit and is complying with the terms and conditions imposed on the permit.
12.2(2) An application for a night hunting permit must be made in writing to the department and must include all information required by regulation.
12.2(3) A night hunting permit may be issued if
(a) the applicant's proposed hunting involves an exercise of aboriginal rights or treaty rights or rights under paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act;
(b) there is an area within or close to where the applicant proposes to hunt where the department has determined that night hunting may be conducted; and
(c) allowing the applicant to hunt at night will not threaten the viability of the species of wildlife the person proposes to hunt.
12.2(4) A night hunting permit must set out
(a) the specific area where the holder of the permit is authorized to hunt at night;
(b) the period when the permit is valid; and
(c) any additional terms or conditions considered necessary to ensure that the night hunting is carried out safely or to address conservation management objectives.
12.2(5) No fee is payable for a night hunting permit or for an application for a night hunting permit.
12.3 When determining whether night hunting may be conducted in an area for the purpose of clause 12.2(3)(b), the department must
(a) consider whether the area is a sufficient distance from residences, developed areas, areas used by livestock, roads and highways;
(b) have regard to the nature and topography of land in the area and the use of all lands adjacent to the area; and
(c) seek input from adjacent landowners, the applicable local government authority and aboriginal communities that are located in close proximity to the area.
12.4 Night hunting on private land is not permitted under section 12.1 or 12.2, except in circumstances prescribed by regulation.
12.5 An aboriginal person who is hunting at night in accordance with section 12.1 or 12.2 may use artificial lights, unless prohibited from doing so by regulation or by a term or condition imposed on a night hunting permit issued to them.
4 Section 13 is replaced with the following:
13 A person who contravenes a provision of this Division is guilty of an offence and is liable on conviction to a fine of at least $3,000 and not more than $100,000, imprisonment for up to one year, or both.
5 Subsection 27(1) is replaced with the following:
27(1) No person shall discharge a firearm at night unless
(a) the person is hunting at night as permitted under section 12.1 or 12.2 or the regulations; or
6 Section 33 is amended by renumbering it as subsection 33(1) and adding the following as subsection 33(2):
33(2) In order to facilitate access to private land for hunting and trapping by aboriginal persons and others, the minister may work with organizations representing hunters and trappers, aboriginal communities, local governments and other interested parties to promote the granting of written consent by landowners to enable hunting and trapping on private land.
7 The following is added after section 88:
88.1(1) The minister may appoint persons to a shared management committee that will make recommendations to the minister on measures to conserve and manage a specified species of wildlife in an area designated by the minister.
88.1(2) A shared management committee must have
(a) at least half of its members be aboriginal persons who reside in or near the designated area;
(b) at least one member from an organization representing hunters and one member from an organization representing outfitters; and
(c) at least one person who owns land in or near the designated area, if there is privately owned land in or near the designated area.
88.1(3) Without limiting its mandate under subsection (1), a shared management committee may make recommendations to the minister about regulations
(a) prohibiting all persons from hunting the specified species of wildlife in the designated area;
(b) requiring all persons to hold a special authorization in order to hunt the specified species in the designated area, and
(i) limiting the number of authorizations to be issued, and
(ii) establishing a process for allocating and issuing the authorizations to aboriginal persons and non-aboriginal persons;
(c) establishing seasons and times when the specified species of wildlife may be hunted in the designated area or in a specified part of the designated area;
(d) establishing limits on the number of animals of the specified species that may be killed in the designated area; and
(e) respecting the manner in which hunting of the specified species must be carried out in the designated area, including the equipment to be used.
88.1(4) If a shared 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.
8 Section 90 is amended
(a) by replacing clause (v) with the following:
(v) prescribing circumstances when a person may hunt at night or discharge a firearm at night;
(b) by adding the following after clause (v):
(v.1) for the purpose of section 12.1, establishing prohibitions and requirements on hunting at night by aboriginal persons in northern Manitoba;
(v.2) respecting night hunting permits under section 12.2;
10 This Act comes into force on a day to be fixed by proclamation.