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C.C.S.M. c. F87
The Fish and Wildlife Enhancement Fund Act
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(Assented to December 5, 2013)
WHEREAS the Government of Manitoba as represented by the Minister of Agriculture and Resource Development and The Winnipeg Foundation entered into an agreement on March 31, 2020, to establish a fund to provide for the sustainable use and management of fish and wildlife populations in Manitoba by way of grants from the fund for enhancement initiatives;
AND WHEREAS the Government of Manitoba is to continue to contribute to the fund established under that agreement and is to be guided by an advisory committee in making grants from the fund for enhancement initiatives;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"agreement" means the agreement entered into on March 31, 2020, between the Government of Manitoba and The Winnipeg Foundation as continued under The Winnipeg Foundation Act to establish a fund for the sustainable use and management of fish and wildlife populations. (« accord »)
"fish enhancement initiative" means
(a) a project or program to conserve or increase fish populations;
(b) a project or program to protect, manage, restore or improve fish habitats;
(c) a study of fish populations or habitats;
(d) angler education programs; and
(e) the acquisition, by purchase, lease or other means, of property or an interest in property in order to provide public access for angling opportunities or to protect a critical fish habitat. (« initiative de mise en valeur du poisson »)
"fund" means the Fish and Wildlife Enhancement Fund established under the agreement. (« Fonds »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"wildlife enhancement initiative" means
(a) a project or program to conserve or increase wildlife populations;
(b) a project or program to protect, manage, restore or improve wildlife habitats, including the construction or maintenance of infrastructure in wildlife management areas;
(c) a study of wildlife populations or habitats;
(d) hunter and trapper education programs; and
(e) the acquisition, by purchase, lease or other means, of property or an interest in property in order to provide public access for hunting or trapping opportunities or to protect a critical wildlife habitat. (« initiative de mise en valeur de la faune »)
Each fiscal year, the government must pay into the fund an amount equal to the following amounts:
(a) 10% of the fee for every licence for recreational fishing issued under The Fisheries Act;
(b) 10% of the fee for every hunting licence and trapping licence issued under The Wildlife Act;
(c) 10% of the fee for a licence, permit, certificate or other authorization respecting or involving fish or wildlife that is prescribed by regulation.
In addition to the amount paid under subsection (1), the government may pay other amounts into the fund, including, but not limited to,
(a) an amount equal to the total of all amounts paid to the Crown by a person who is convicted of an offence described in subsection 25.1(1) of The Fisheries Act for the value of the fish involved in the offence; and
(b) an amount equal to the total of all amounts paid to the Crown by a person who is convicted of an offence described in subsection 86.1(1) of The Wildlife Act for the value of the animal involved in the offence.
The minister may make regulations prescribing licences, permits, certificates or other authorizations in respect of or involving fish or wildlife, or classes of such authorizations, for the purpose of clause (1)(c).
Subject to subsection (2), grants for enhancement initiatives must be made in accordance with the agreement.
To receive a grant from the fund, an enhancement initiative must be of benefit to persons who are required to pay a fee referred to in subsection 2.1(1) and the fish and wildlife populations fished, hunted or trapped under a licence referred to in that subsection and their habitats.
The Fish and Wildlife Enhancement Committee is hereby established.
The Fish and Wildlife Enhancement Committee must provide advice and recommendations to the government on fish enhancement initiatives and wildlife enhancement initiatives that may receive grants from the fund.
The Fish and Wildlife Enhancement Committee consists of the following, all of whom are appointed by the minister:
(a) the chair;
(b) the members of the Fish Enhancement Subcommittee;
(c) the members of the Wildlife Enhancement Subcommittee.
The minister must request the names of persons who may be appointed to a subcommittee from organizations that represent anglers, hunters and trappers who are required to pay a fee referred to in subsection 2.1(1).
A majority of the members appointed to the Fish Enhancement Subcommittee must be nominees of organizations representing anglers. No more than nine persons may be appointed to this subcommittee.
A majority of the members appointed to the Wildlife Enhancement Subcommittee must be nominees of organizations representing hunters or trappers. No more than nine persons may be appointed to this subcommittee.
The chair must not be a nominee of an organization representing anglers, hunters or trappers. The chair is to preside at all meetings of each subcommittee, but he or she does not have a vote on any decision by a subcommittee respecting the recommendation of enhancement initiative proposals.
A member of the Fish and Wildlife Enhancement Committee may be appointed for a term not exceeding three years.
A member whose term of office expires continues to hold office until he or she is re-appointed or a successor is appointed.
A member whose term of office expires may be re-appointed for one further term of three years.
The members of each subcommittee must elect one of their members as vice-chair, to act if the chair is absent or unable to act.
The minister must establish terms of reference for the Fish and Wildlife Enhancement Committee.
This Act may be referred to as chapter F87 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2013, c. 30 came into force by proclamation on March 1, 2014.
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