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The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage)

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2020, c. 26

Bill 208, 3rd Session, 42nd Legislature

The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage)

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Wildlife Act. A municipality, local government district or incorporated community may authorize a person to destroy a beaver lodge or beaver dam, or to remove an obstruction to water flow caused by an accumulation of debris, if it adversely affects local water flow or land use. An authorized person may enter onto affected land for that purpose.

Before this enactment, a landowner had the right to kill or take certain wildlife in defence of their property. The Act extends the right to tenants of private or leased Crown land.

(Assented to December 3, 2020)

HER 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(1)

Clauses 40(1)(b) and (c) are amended by striking out "subsections (2) and (3)" and substituting "subsections (2) to (4)".

2(2)

The following is added after subsection 40(3):

Exemption re municipalities, etc.

40(4)

Despite The Water Rights Act, but subject to the regulations, a municipality or local government district, or an incorporated community as defined in The Northern Affairs Act, may, in writing, authorize a person to destroy a beaver lodge or beaver dam, or to remove an obstruction to water flow caused by an accumulation of debris, if

(a) the action is to be taken on land within the boundaries of the municipality, district or community; and

(b) in the opinion of the council of the municipality or community or the resident administrator of the district, the presence of the lodge, dam or debris adversely affects

(i) a lake, river, stream, creek, canal, drainage ditch or natural waterway, or

(ii) the use of any land other than the land on which the lodge, dam or debris is located.

Copy to be provided to minister

40(5)

A municipality, local government district or community that has issued an authorization under subsection (4) must provide a copy of the authorization to the minister as soon as practicable.

Entry to perform action

40(6)

A person authorized under subsection (4) may enter onto land and carry out the action they are authorized to perform

(a) with the consent of the owner or occupier of the land; or

(b) after the owner or occupier of the land has received written notice from the municipality, district or community personally or by regular mail sent to the person's last known address.

When notice by mail effective

40(7)

For the purpose of clause (6)(b), notice provided by regular mail is effective on the fifth day after it is mailed.

3

Subsection 46(1) is replaced with the following:

Defence of property

46(1)

Despite any other provision of this Act, but subject to sections 10, 11, 12 and 24, the owner or occupier of private land or land leased from the Crown, or a person authorized by the owner or occupier, may kill or take any wildlife on the land — other than a moose, caribou, deer, antelope, cougar, elk or game bird — for the purpose of defending or preserving their property.

4

The following is added as clause 90(mm.1):

(mm.1) respecting the circumstances under which a municipality, local government district or community may issue an authorization under subsection 40(4);

Coming into force

5

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