|This is an unofficial archived version of The Ecological Reserves Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E5
The Ecological Reserves Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows;
In this Act
"committee" means the Ecological Reserves Advisory Committee appointed under this Act; ("Comité")
"crown" means Her Majesty the Queen in right of the province; ("Couronne")
"ecology" means the study of the interrelationship of living things, including humans and plants, with their respective environments; ("écologie" )
"ecosystem" means an ecological system consisting of living things, including humans and plants, together with their respective environments; ("écosystème")
"environment" means natural or man-made surroundings, or natural surroundings modified by man; ("milieu")
"licence" means a licence issued under this Act; ("licence")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"permit" means a permit issued under this Act; ("permis")
"reserve" means an ecological reserve established under this Act. ("réserve")
The Lieutenant Governor in Council may by regulation establish any area of Crown land in the province that, in the opinion of the minister, is suitable therefor as an ecological reserve, and shall give to any reserve so established a name by which it shall be known.
Subject to the provisions of this Act, reserves shall be devoted to, and shall be designed and administered to fulfill, the following purposes;
(a) To afford opportunities for and to encourage the study of and research into the ecological features of the province.
(b) To afford opportunities for and to encourage the enjoyment by residents of the province and visitors to the province of the educational and aesthetic benefits of the ecological features of the province.
(c) To preserve, for the purposes of clauses (a) and (b) and for posterity,
(i) unique and rare examples of botanical, zoological and geological features of the province,
(ii) examples of natural habitats of rare or endangered plants and animals that are native to the province,
(iii) representative examples of natural ecosystems in the province,
(iv) representative examples of ecosystems in the province that have been modified by man and that offer opportunities for the study of and research into the recovery of the ecosystems from modification.
Subject to the provisions of this Act, the minister may within any reserve implement such measures, programs, projects, undertakings or things as in his opinion are likely to achieve the purposes set out in section 3.
Any land in the province that is not Crown land that in the opinion of the minister is required for establishment as a reserve, or for use in administering a reserve, may be acquired by the government by purchase, lease, exchange, gift, devise, expropriation under The Expropriation Act, or otherwise.
The Lieutenant Governor in Council may, by regulation, require the posting of all or any of the reserves in the province to indicate the location and boundaries thereof, and shall in the regulation specify the manner in which the posting shall be performed.
No person shall
(a) deface or remove any notice, sign or lettering posted upon or about a reserve pursuant to a regulation made under subsection (1); or
(b) post upon or about a reserve any notice, sign or lettering other than pursuant to a regulation made under subsection (1).
As an alternative to or in addition to any posting requirements under subsection (1), the Lieutenant Governor in Council may by regulation prescribe another method or other methods of giving public notice as to the location and boundaries of any reserve.
Publication in the Manitoba Gazette pursuant to The Regulations Act of a regulation establishing a reserve does not constitute an alternative or additional method of giving public notice under subsection (3).
The Lieutenant Governor in Council may, by regulation, prescribe prohibitions, restrictions and requirements to be observed within all reserves or any of them, including
(a) the requirement to have a licence or permit for entering a reserve or for any specified act or activity within a reserve;
(b) the qualifications and requirements, including the payment of a fee, for the issue of any licence or permit;
(c) the terms and conditions of any licence or permit; and
(d) the circumstances in which any licence or permit may be cancelled or suspended.
The minister may issue any licence or permit under subsection (1), and may cancel or suspend a licence or permit in any of the circumstances prescribed therefor under subsection (1).
The minister may prescribe the form and contents of any licence or permit.
No person shall
(a) enter or pass through a reserve; or
(b) use a reserve in any way or for any purpose; or
(c) carry on any activity within a reserve; or
(d) do any act or thing within a reserve; or
(e) use any product or thing within a reserve; or
(f) remove any product or thing from a reserve;
except in accordance with any regulation made under section 7 and applicable within the reserve.
Notwithstanding subsection (1), the minister may at any time do or cause to be done within a reserve any of the things prohibited under section 7 or subsection (1) where in his opinion it is necessary for the purpose of maintaining or administering the reserve or implementing within the reserve any measure, program, project, undertaking or thing under section 4.
The Lieutenant Governor in Council may appoint such number of persons as he deems advisable as a committee to be known as the Ecological Reserves Advisory Committee.
Each member of the committee shall hold office for such term as may be fixed by the Lieutenant Governor in Council in the order of appointment, and thereafter until his successor is appointed.
The members of the committee shall appoint one of their number as chairman.
A majority of the members of the committee is a quorum for the purpose of holding meetings and carrying out any functions or duties of the committee under this Act.
The committee may make rules for its own procedure.
For the purposes of this Act, the committee upon the request of the minister shall
(a) examine and inspect areas for their suitability as reserves and make recommendations thereon to the minister;
(b) receive and consider submissions from members of the public and make recommendations to the minister with respect thereto;
(c) provide or make available to members of the public, the government and agencies of the government, information with respect to reserves, ecology, ecological activity and ecological features within the province;
(d) advise the minister generally with respect to the administration of this Act;
and shall perform such other duties and functions as may be assigned to it by the minister or the Lieutenant Governor in Council.
In this section, "officer" means a person appointed as an officer under subsection (2) or under The Wildlife Act.
The minister may appoint any person as an officer for the purpose of enforcing this Act and the regulations.
An officer, while engaged in the enforcement of this Act or the regulations, may call upon any person for assistance and that person, while giving the assistance, is an officer for the purposes of this Act.
For the purposes of this Act, an officer is, and has and may exercise the powers and authority of, a police officer, police constable or peace officer.
An officer, upon witnessing the commission of an offence under this Act or the regulations, may arrest the person committing the offence and shall forthwith bring the person so arrested before a court of competent jurisdiction to be dealt with according to law.
An officer may seize any property found within a reserve that the officer believes, on reasonable and probable grounds, is being used or has been used in the commission of an offence under this Act or the regulations, or will afford evidence of the commission of such an offence, and shall forthwith bring the property before a justice to be dealt with according to law.
No liability attaches to the Crown or the minister or any officer for loss or damage arising from the seizure of any property under subsection (6), in good faith and without negligence.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations
(a) establishing and naming reserves;
(b) requiring the posting of reserves and prescribing the manner of doing so;
(c) prescribing alternative or additional methods of giving public notice of the location and boundaries of reserves;
(d) prescribing prohibitions, restrictions and requirements, including the requirement to have licences or permits, to be observed within reserves;
(e) respecting the issue of licences and permits, the qualifications and requirements therefor and the terms and conditions thereof, and the circumstances for cancellation or suspension of licences and permits;
(f) prescribing a fee that shall be paid for the issue of any licence or permit.
A regulation under this section may be made to apply to all reserves or any of them.
Any person who contravenes or fails to observe a provision of this Act or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $1,500. for each day that the offence continues or, where the person is an individual, to a fine of not more than $1,500. for each day that the offence continues or to imprisonment for a term of not more than two months or to both.
The Crown is bound by this Act.
Where a provision of this Act or a regulation made thereunder is in conflict or is inconsistent with a provision of any other Act of the Legislature or a regulation, by-law, order or direction made or given thereunder, the provision of this Act or the regulation made thereunder prevails.