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The Wildlife Act
This is an unofficial archived version of The Wildlife Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. W130

The Wildlife Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"amphibian" means an animal of a species or type listed in Division 5 of Schedule A or declared by the regulations to be an amphibian, or any part thereof; ("amphibien")

"big game animal" means an animal of a species or type listed in Division 1 of Schedule A or declared by the regulations to be a big game animal, or any part thereof; ("gros gibier")

"Crown" means Her Majesty the Queen, in right of the province; ("Couronne")

"firearm" means any device that fires projectiles by means of explosives, compressed air or springs and, without limiting the generality of the foregoing, includes a rifle, shotgun, air gun, pistol, revolver, spring gun and crossbow but does not include a bow or a toy; ("arme à feu")

"fur bearing animal" means an animal of a species or type listed in Division 2 of Schedule A or declared by the regulations to be a fur bearing animal, or any part thereof; ("animal à fourrure")

"game bird" means a bird of a species or type listed in Division 3 of Schedule A or declared by the regulations to be a game bird, or any part thereof; ("gibier à plume")

"habitat" means the soil, water, food and cover components of the natural environment that are necessary to sustain wildlife; ("habitat")

"hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, attempting to trap, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is then or subsequently captured, killed, taken or wounded, but does not include stalking, attracting, searching for or lying in wait for any wildlife by an unarmed person solely for the purpose of watching the wildlife or of taking pictures of the wildlife; ("chasse")

"licence" means a licence issued under this Act; ("permis")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the Act; ("ministre")

"non-resident" means a Canadian citizen who is not a resident; (non-résident")

"non-resident alien" means a person who is neither a Canadian citizen nor a resident; ("non-résident étranger")

"officer" includes

(a) a person appointed as an officer under this Act,

(b) a person called upon by an officer to render assistance in the enforcement of this Act or the regulations,

(c) a peace officer appointed under any other Act of the Legislature or the Parliament of Canada, and

(d) an officer appointed under the Customs Act (Canada); ("agent")

"pelt" means the skin or hide of a fur bearing animal that has not been tanned or otherwise processed by chemical or mechanical means; ("peau")

"permit" means a permit issued under this Act; ("licence")

"power boat" means a boat, raft or barge of any kind that is being driven, drawn or propelled by any means other than human muscular power; ("embarcation motorisée" )

"protected species" means a species or type of animal listed in Division 6 of Schedule A or declared by the regulations to be a protected species, or any part thereof; ("espèces protégées")

"regulations" means regulations made under this Act by the Lieutenant Governor in Council or the minister; ("règlements")

"reptile" means an animal of a species or type listed in Division 5 of Schedule A or declared by the regulations to be a reptile, or any part thereof; ("reptile")

"resident" means

(a) a Canadian citizen who has his home and is ordinarily present in the province immediately preceding the time that his residence becomes material for the purposes of this Act or the regulations, or

(b) a person who is not a Canadian citizen but has his home and is ordinarily present in the province for a period of 6 months immediately preceding the time that his residence becomes material for the purposes of this Act or the regulations,

but does not include a tourist, transient or visitor; ("résident")

"shooting preserve" means land that is privately owned and maintained and on which wildlife that has been raised in captivity is kept in captivity, or released, for the purpose of hunting; ("réserve de gibier")

"small game animal" means an animal of a species or type listed in Division 4 of Schedule A or declared by the regulations to be a small game animal, or any part thereof; ("petit gibier")

"trapping" means taking, capturing or killing or attempting to take, capture or kill wildlife by any means or contrivance designed to enclose, capture, hold, ensnare or otherwise restrain an animal, whether that means or contrivance kills the animal or not; ("piégeage" )

"vehicle" means a motor vehicle, trailer, tractor, power boat, aircraft or any other vehicle drawn, propelled or driven by any means other than human power; ("véhicule" )

"wild animal" means an animal or bird of a species or type listed in Schedule A or declared by the regulations to be a wild animal; ("animal sauvage")

"wildlife" means a vertebrate animal of any species or type that is wild by nature in the province, but does not include fish; ("faune", "gibier", "animal de la faune")

"wildlife certificate" means a wildlife certificate issued under this Act; ("certificat de chasseur" )

"wildlife farm" means an area where wildlife of any species or type is kept, raised, bred or propagated in captivity, for any purpose. ("ferme d'élevage de gibier")

PART I

DESIGNATED AREAS

Designation of special use areas.

2

For the better management, conservation and enhancement of the wildlife resource of the province, the Lieutenant Governor in Council may by regulation designate areas of the province and prescribe a use or uses to which each area so designated shall be devoted.

Prohibitions and restrictions.

3

A regulation made under section 2

may, for the purpose of managing and enforcing the use or uses prescribed for each designated area, prescribe activities and things that are permitted or prohibited, as the case may be, within the area, and may prescribe restrictions, terms and renditions and other requirements that shall be observed by any person within the area.

Designation of Crown and other land.

4

An area designated under section 2

may consist of Crown land or other land or a combination of Crown land and other land.

Designated areas on Crown land.

5(1)

Where an area proposed to be designated under section 2 consists of Crown land, it may be designated as

(a) a Public Shooting Ground; or

(b) a Registered Trapline District; or

(c) a Special Trapping Area: or

(d) a Wildlife Management Area; or

(e) such other type of area as the Lieutenant Governor in Council may specify in the regulation designating the area.

Designated areas on other than Crown land.

5(2)

Where an area proposed to be designated under section 2 consists of land other than Crown land or a combination of Crown land and other land, it may be designated as

(a) an Animal Control Area; or

(b) an Endangered Species Area; or

(c) a Fur Bearing Animal Refuge; or

(d) a Game Bird Refuge; or

(e) a Managed Hunting Area; or

(f) a Waterfowl Control Area; or

(g) a Wildlife Refuge.

Acquisition of lands.

6

The government may acquire, by purchase, exchange, expropriation under The Expropriation Act, or otherwise, any land required as a designated area for the purposes of this Part.

ENDANGERED SPECIES

Preservation of endangered species.

7

The minister may, by regulation, declare any species or type of wildlife or any aggregation of a species or type of wildlife to be an endangered species or an endangered aggregation, as the case may be, and may, by regulation,

(a) prohibit or restrict the hunting, taking, killing or possession of the species or aggregation or any member thereof by any person;

(b) prohibit or restrict the entry by any person into an area of the province specified in the regulation where, in the opinion of the minister, any habitat of the species or aggregation is or is likely to be located;

(c) prescribe other prohibitions or restrictions or measures, to be observed or implemented, for the preservation of the habitat of the species or aggregation and for the survival thereof.

Offence and penalty.

8(1)

Any person who contravenes or fails to observe a provision of this Part except section 7, or a regulation made thereunder, is guilty of an offence and liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than one month or to both the fine and the imprisonment.

Offence and penalty under sec. 7.

8(2)

Any person who contravenes or fails to observe a provision of section 7 or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $1,500. or to imprisonment for a term of not more than two months or to both the fine and the imprisonment.

PART II

OFFENCES

Application of Part.

9

This Part applies on all land within the province, including land designated under Part I.

DIVISION 1

DANGEROUS HUNTING OFFENCES

Dangerous hunting.

10

No person shall hunt

(a) in a manner that is dangerous to other persons; or

(b) without due regard for the safety of other persons.

Hunting while intoxicated.

11

No person shall hunt while his ability to do so is impaired by alcohol or a narcotic drug.

Hunting at night by means of lights.

12(1)

No person shall at night use lighting or reflecting equipment for the purpose of hunting, killing, taking or capturing a vertebrate animal or attracting or confusing a vertebrate animal for the purpose of hunting, killing, taking or capturing it.

Exceptions.

12(2)

Subsection (1) does not apply

(a) to the capturing, killing, hunting or taking of any wild animal of a species listed in Division 5 of Schedule A without the use of firearms; or

(b) to any other act, not involving the use of firearms, that the minister may by regulation prescribe.

Offence and penalty.

13

Any person who contravenes or fails to observe a provision of this Division or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $3,000. or to imprisonment for a term of not more than three months or to both the fine and the imprisonment.

Automatic cancellation of licence.

14(1)

A licence held by a person who is convicted of an offence under this Division, where the licence authorizes the hunting, killing or taking of an animal of a species or type listed in Division 1, 3 or 4 of Schedule A, is cancelled automatically as of the date of the conviction.

Holding licence prohibited.

14(2)

A person who is convicted of an offence under this Division is prohibited from holding any licence or further licence, as the case may be, of a kind described in subsection (1) for a period of not less than one year or more than five years, as the judge, magistrate or justice of the peace making the conviction may order, but, where the offence of which the person is convicted resulted in bodily injury to any other person, the judge, magistrate or justice of the peace may extend the prohibition for any period of time beyond the five years.

Obtaining licence prohibited.

14(3)

A person who is prohibited from holding a licence or further licence under subsection (2) shall not obtain or attempt to obtain a licence or further licence of the same kind during the period of the prohibition.

DIVISION 2

HUNTING OFFENCES

Licence requirement.

15(1)

Except as may be otherwise permitted by this Act or a regulation made thereunder, no person shall hunt, take, kill or capture or attempt to take, kill or capture a wild animal, unless he holds a valid and subsisting licence authorizing him to do so.

Exception.

15(2)

Subsection(l) does not apply to a person taking a wild animal listed in Division 5 of Schedule A for his own use.

Hunting in damaging manner.

16

No person shall hunt wildlife in a manner that causes or is likely to cause damage to crops, livestock or other property.

Restricted area.

17

No person shall hunt, take or kill a wild animal or attempt to take or kill a wild animal in an area of the province where the hunting, 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 Division.

Hunting for remuneration.

18

Subject to the provisions of this Act and the regulations and the terms or conditions or any licence or permit issued, no person shall

(a) for hire, gain, remuneration or reward or the hope or expectation thereof, hunt, 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, 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, kill, take or capture a wild animal of a kind described in clause (a).

Possession of illegally taken animals.

19

No person shall have in his possession any wildlife or a part of any wildlife captured, killed or taken in contravention of this Act or the regulations.

Possession of specified animals.

20

Except as may be otherwise permitted by this Act or the regulations, no person shall hunt, kill or capture a wild animal of a species or type listed in Division 6 of Schedule A, or have in his possession such a wild animal or any part thereof.

Wrong age or sex.

21

No person shall hunt, take or kill or attempt to take or kill any wildlife of an age or sex the hunting of which in that area and at that time is either prohibited or not permitted by the regulations.

Hunting from vehicles.

22

Except as may be otherwise permitted by this Act or the regulations, no person, whether for himself or to assist another, shall chase, drive, flush, pursue, worry, harass, follow after or on the trail of, or search for, any wildlife from a vehicle.

Hunting by means other than firearms.

23

Except as may be otherwise permitted by this Act or the regulations, no person shall capture, kill or take or attempt to capture, kill or take a wild animal, other than a fur bearing animal, an amphibian or a reptile, by means other than a rifle, shotgun, cross bow or bow and arrow.

Use of poison.

24

No person shall use poison to kill, take or capture a wild animal, or use poison for any other purpose in a manner that is likely to result in the killing, taking or capturing of a wild animal, except with the written permisson and under the direction of the minister.

Sunday hunting.

25

Except as may be otherwise permitted by this Act or the regulations, no person shall hunt or kill or attempt to kill a wild animal on a Sunday.

Hunting out of season.

26

No person shall hunt, take or kill or attempt to take or kill a wild animal during a period of the year when the hunting, taking or killing of that species or type of wild animal is either prohibited or not permitted by the regulations.

Prohibited time of day.

27

No person shall hunt, take, kill or capture or attempt to take, kill or capture a wild animal at a time of day when the hunting, taking, killing or capturing of a wild animal of that species, type or class is either prohibited or not permitted under this Act or the regulations.

Bag limit.

28

No person shall, within any period of time, take, kill or trap a greater number of wild animals of a particular species or type than is permitted by this Act or the regulations for that period of time and for that species or type.

Possession limit.

29

No person shall have in his possession a greater number of carcasses of a species or type of wild animal than is permitted by this Act or the regulations for that species or type.

Buying, selling or serving meat of wild animal.

30

Except as may be otherwise permitted by this Act or the regulations, no person shall

(a) sell, buy, trade or barter or offer to sell, buy, trade or barter, or keep for the purpose of sale, the meat of any wild animal; or

(b) serve the meat of a wild animal as food in or at any place where meals are served for remuneration or in the hope or expectation of remuneration, or as part of the remuneration or salary of a person employed in the place; or

(c) bring the meat of a wild animal into, or have possession of the meat of a wild animal in, any restaurant or place where meals are served for remuneration or in the hope or expectation of remuneration or as part of the remuneration, salary or wages of a person employed by the owner or person in charge of the restaurant or place.

Transporting illegally taken animals.

31

No person shall ship or transport or deliver to another person for shipping or transporting any wildlife or a part of any wildlife killed or taken in contravention of this Act or the regulations.

Retrieval of game.

32(1)

No person who kills or injures a game bird, a small game animal or a big game animal shall fail to retrieve it or to make every reasonable effort to do so.

Edible portions of game.

32(2)

Subject to subsection (3), no person who kills or injures a game bird, a small game animal or a big game animal, or is in possession of a game bird, a small game animal or a big game animal that has been killed or injured, shall abandon, waste or spoil, or allow to be abandoned, wasted or spoiled, any edible portion thereof.

Exceptions.

32(3)

Subsection (2) does not apply to a gray (timber) wolf, polar bear or black bear.

Hunting on private land or leased Crown land.

33

No person shall hunt wildlife

(a) on private land, without the permission of the owner or lawful occupant thereof, and in the event of a prosecution the onus of proof that the permission was given is upon the hunter; or

(b) on any portion of land leased from the Crown that, pursuant to the regulations, is posted as a portion of land where hunting is likely to be injurious to the lawful occupants of the land or their livestock.

Use of firearms.

34(1)

No person shall

(a) carry or have a loaded firearm in or on, or discharge a loaded firearm from, a vehicle except as may be authorized by this Act or the regulations; or

(b) hunt game birds with a shotgun of any description that is capable of holding more than three shells at a time, unless the capacity of the gun has been reduced to three shells in the chamber and magazine combined by means of the cutting off or altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed without disassembling the gun; or

(c) hunt big game with, or have in his possession while hunting big game, any cartridge containing a bullet described as or having a metal-cased hard point, including hard-point military-type bullets but excluding those bullets having a hard point that are designed to increase the expansion of the bullet.

Loaded firearm.

34(2)

For the purposes of subsection (1), and for the purposes of this Act and the regulations,

(a) a firearm using a cartridge or shell and having a live cartridge or shell in the barrel, breach, firing compartment or magazine, or

(b) a firearm in which the powder charge and projectile are loaded through the muzzle and having a powder charge and projectile in the barrel or firing compartment;

is deemed to be loaded.

Use of dogs.

35

Except as may be permitted by the regulations, no person shall

(a) use a dog for, or be accompanied by a dog while, hunting big game animals or wild turkeys; or

(b) allow a dog to run after, pursue or molest a big game animal, a fur bearing animal or a wild turkey.

Offence and penalty.

36

Any person who contravenes or fails to observe a provision of this Division or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $1,500. or to imprisonment for a term of not more than two months or to both the fine and the imprisonment.

Automatic cancellation of licence.

37(1)

A licence held by a person who is convicted of an offence under this Division other than an offence under section 20, 31, 33, 34 or 35, where the licence authorizes the hunting, killing or taking of an animal of a species or type listed in Division 1, 3, or 4 of Schedule A and in respect of which the offence was committed, is cancelled automatically as of the date of the conviction.

Holding licence prohibited.

37(2)

A person who is convicted of an offence under this Division other than an offence under section 20, 31, 33, 34 or 35 is prohibited from holding any licence or further licence, as the case may be, of a kind described in subsection (1) for a period of not less than one year or more than five years, as the judge, magistrate or justice of the peace making the conviction may order.

Obtaining licence prohibited.

37(3)

A person who is prohibited from holding a licence or further licence under subsection (2) shall not obtain or attempt to obtain a licence or further licence of the same kind during the period of the prohibition.

DIVISION 3

TRAPPING AND FUR OFFENCES

Trapping in registered trapline district.

38(1)

No person shall hunt or kill a fur bearing animal in a registered trapline district or special trapping area except under the authority of a licence or permit to hunt or kill fur bearing animals in that registered trapline district or special trapping area, as the case may be, and except within that portion of the registered trapline district or special trapping area as may be specified on the licence or permit.

Definitions for section.

38(2)

In this section,

"registered trapline district" means an area designated as a registered trapline district by the regulations; ("district de sentiers de piégeage enregistrés")

"special trapping area" means an area designated as a special trapping area by the regulations. ("zone spéciale de piégeage")

Interference with traps.

39

No person shall remove, disturb, spring or in any way interfere with any trap set out lawfully by any other person for the purpose of taking fur bearing animals.

Shooting beaver, etc.

40(1)

Except as may be otherwise permitted by this Act or the regulations, no person shall

(a) shoot or spear a muskrat, beaver or otter, except when the muskrat, beaver or otter is on land or in a trap; or

(b) subject to subsections (2) and (3), spear, break or destroy a muskrat house, beaver lodge or beaver dam; or

(c) subject to subsections (2) and (3), disturb or destroy the den, nest or lair of a fur bearing animal.

Opening muskrat house.

40(2)

A person who has a licence or permit to trap muskrats may open a muskrat house within the area in which the licence or permit is valid and during the period when the trapping of muskrats is permitted for the purpose of setting a trap within the house, if the person recloses the house in such a way that the water entrance thereto does not freeze.

Authorization of minister.

40(3)

The minister may authorize a person to destroy a muskrat house, beaver dam or beaver lodge, or the den, nest or lair of a fur bearing animal, subject to such terms and conditions as the minister may prescribe.

Receipt for royalty payments.

41(1)

No person shall mount, dress or tan, or accept delivery for the purpose of mounting, dressing or tanning, any pelt, skin or hide of an animal on which a royalty is payable under this Act, unless the pelt, skin or hide is accompanied by a receipt showing that the royalty has been paid by the person delivering it or by a predecessor in title.

Royalties.

41(2)

Any person who takes or kills an animal on the pelt, skin or hide of which a royalty is prescribed in the regulations, and who sells or barters the pelt, skin or hide or leaves the pelt, skin or hide with a taxidermist, tanner or other processor to be mounted, dressed or tanned shall pay to the Crown such royalty on the pelt, skin or hide as is prescribed in the regulations.

Collection of royalties by first purchaser.

41(3)

Unless the royalty thereon has been previously paid, the person who first purchases or acquires the pelt, skin or hide of an animal on which a royalty is payable from the person who took or killed the animal shall collect or deduct the royalty payable thereon from that person and pay it to the Crown.

Exemption from royalty.

41(4)

No royalty is required to be paid under this Act for any pelt, skin or hide of an animal killed or taken outside of the province.

Trading in furs.

42(1)

No person shall engage in or carry on or be concerned in the business of trading, buying or selling of the pelts, skins or hides of wildlife on which a royalty is payable under this Act, or solicit trade therein, except pursuant to a licence.

Purchase of pelts, etc.

42(2)

No person shall purchase for his own use the pelt, skin or hide of any wildlife on which a royalty is payable, except pursuant to a permit.

Purchase of pelts.

43(1)

No person shall purchase or acquire a pelt, skin or hide of any wildlife under which royalty is payable from a person who does not have a licence or permit authorizing him to sell or trade in the pelt, skin or hide.

Dressing pelts.

43(2)

Subject to subsection (3), no person shall dress or tan a pelt, skin or hide of any wildlife on which a royalty is payable, or in any way undertake, contract or agree to do so, except under the authority of a licence or permit.

Exception.

43(3)

Subsection (2) does not apply to a person who for his own use dresses or tans a pelt, skin or hide of any wildlife which he has lawfully taken or acquired.

Offence and penalty.

44

Any person who contravenes or fails to observe a provision of this Division or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than one month or to both the fine and the imprisonment.

DIVISION 4

GENERAL OFFENCES

Possession of live wild animals.

45

Except as may be otherwise permitted by this Act or the regulations, no person shall capture alive or have possession of any live wild animal.

Killing wildlife in defence of property.

46(1)

Notwithstanding any other provision of this Act but subject to sections 10, 11 and 12, a person may kill or take any wildlife, other than a moose, caribou, deer, antelope, cougar, elk or game bird, on his own land for the purpose of defending or preserving his property.

Report.

46(2)

A person who kills or takes any species of wild animal in defence or preservation of his property as provided in subsection (1) shall report the killing or taking to an officer within 10 days thereof.

Sale of pelt

46(3)

All property, rights, title and interest in and to any species of wildlife listed in Schedule A or in the regulations taken under this section are vested in the Crown, and no person shall sell or barter or offer or attempt to sell or barter or otherwise make use of the pelt, carcass, skin or any other part thereof unless he first obtains a permit therefor from the minister.

Transporting.

47

No person shall

(a) ship by common carrier or mail, or deliver to another person for shipping by common carrier or mailing, any package, parcel, crate or receptacle that to his knowledge contains a wild animal or any part of a wild animal and does not have plainly marked on the outside thereof a complete description of the contents; or

(b) unless authorized by a transport permit or possession permit, accept or have possession of the carcass of a big game animal or any part of the carcass to which a valid, subsisting seal, shipping coupon or tag issued with or as part of a licence to hunt that species of big game animal is not attached: or

(c) not being a common carrier carrying a big game animal or game bird under a bona fide bill of lading, transport a big game animal or game bird that was killed or taken by another person, unless that other person accompanies the big game animal or game bird, or

(i) in the case of the big game animal, the declaration on a shipping coupon or tag required under clause (b) was completed and signed by the person who killed the animal, or

(ii) in the case of the game bird, the bird is accompanied by a statement signed by the person who killed the bird showing his name, address, the number of the licence authorizing the taking of that species of bird, and the date of the signing of the statement.

Prohibited species of animals.

48(1)

The minister may, by regulation, declare the possession of any species or type of animal to be prohibited in the province.

Importing or exporting prohibited.

48(2)

Subject to subsections (3) and (4) and except as may be otherwise provided in this Act or in the regulations, no person shall

(a) import into the province, or have in his possession, or release into the wild, any species or type of animal the possession of which has been declared under subsection (1) to be prohibited in the province; or

(b) import into the province any wild animal except as may be authorized by a permit; or

(c) have possession of any wild animal, imported into the province without the authority of a permit; or

(d) export or attempt to export from the province any wild animal, or any part of a wild animal, except pursuant to a permit.

Exception.

48(3)

Subsection (2) does not apply to an animal that was killed outside of Manitoba but is accompanied by the permit issued within the jurisdiction where the animal was killed authorizing the export thereof from the jurisdiction.

Export permit

48(4)

For the purposes of clause (2)(d), a licence authorizing the taking of a wild animal other than a fur bearing animal, or a seal or coupon issued as part of the licence, shall be presumed to be a permit authorizing the export from the province of the species or type of wild animal for which the licence is issued.

Destruction of nest or eggs.

49

No person shall take or have possession of or wilfully destroy the nest or eggs of any game bird or any bird listed in Division 6 of Schedule A, except as may be authorized by a licence or permit.

Destruction of habitat

50(1)

No person shall destroy or damage habitat on Crown lands, except pursuant to a licence, permit or other authorization issued or given under this or any other Act of the Legislature.

Action for damages to habitat.

50(2)

The Crown has a right of action against any person who wilfully or negligently destroys or damages habitat on Crown land, and may recover damages from him for any costs that the government may be required to expend for rehabilitation of the habitat to a state approved by the minister.

Guide licence.

51

No person shall, for compensation or reward or in the hope or expectation thereof, lead or assist another person to or from a place where that other person expects to hunt a wild animal, or assist that other person in the hunting of a wild animal, except under the authority of a licence.

Taxidermy licence.

52

No person shall engage in the business of taxidermy, except under the authority of a licence.

Notices and signs.

53

No person shall

(a) damage, deface, destroy or remove any notice or sign posted under this Act or the regulations; or

(b) without authority, post any notice or sign for the posting of which provision is made under this Act or the regulations.

Offence and penalty.

54

Any person who contravenes or fails to observe a provision of this Division or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than one month or to both the fine and the imprisonment.

PART III

LICENSING

Issue of licences and permits.

55(1)

Subject to the provisions of this Act, the minister may issue to any person any licence, permit or wildlife certificate required under the Act.

Form of licences and permits.

55(2)

The minister may prescribe the form of any licence, permit or wildlife certificate issued under subsection (1) and of any coupon, tag or seal required under this Act.

Terms of licences and permits.

55(3)

For any licence, permit or wildlife certificate issued, the minister may prescribe such terms and conditions not inconsistent with any provision of this Act or the regulations as he may think advisable.

Issue of licences, etc., by vendors.

55(4)

The minister may in writing authorize any person to issue licences, permits or wildlife certificates on his behalf to any applicant but subject to such terms and conditions as the minister may prescribe.

Compliance with terms and conditions of licences and permits.

56

Every holder of a licence, permit or wildlife certificate shall comply with the terms and conditions thereof.

Cancellation of licences or permits.

57

The minister may cancel any licence or permit if he is satisfied that the holder thereof, or any other person with the connivance of the holder thereof, has failed to comply with any provision of this Act or the regulations or with any of the terms and conditions of the licence or permit, notwithstanding that no prosecution has been instituted or conviction had in respect of the failure to comply.

Wildlife certificate required.

58

A licence to hunt big game, game birds or small game is not valid unless the licence is affixed to a wildlife certificate.

False statements on applications, returns or reports.

59

No person shall make a false statement in any application for a licence, permit or wildlife certificate, or in any return or report required to be made under this Act or the regulations.

Licence not transferrable.

60(1)

A licence, permit or wildlife certificate and the rights or privileges thereunder cannot be transferred from the person to whom the licence, permit or wildlife certificate is issued, to any other person.

Attempt to transfer licence.

60(2)

No person to whom a licence, permit or wildlife certificate has been issued shall deliver it to another person in circumstances where he might reasonably expect that the other person would attempt to use the licence, permit or wildlife certificate and purport himself to be the holder of the licence, permit or wildlife certificate.

Using licence of another.

60(3)

No person who has possession of a licence, permit or wildlife certificate issued to another person shall

(a) purport to be that other person to any officer; or

(b) attempt or purport to exercise any rights or privileges granted under the licence, permit or wildlife certificate.

Licence to be carried on person of holder.

61(1)

Every holder of a licence, permit or wildlife certificate shall carry the licence, permit or wildlife certificate on his person at all times while using it.

Production of licence.

61(2)

Every holder of a licence, permit or wildlife certificate shall produce and show it to an officer upon being requested to do so.

Issue of licence for special area.

62(1)

A licence or permit may be issued for use in a special area, and when so issued the licence or permit is invalid and of no effect except within that special area.

Licence for specific period.

62(2)

A licence or permit may be issued for a specific period, and a licence or permit so issued is invalid and of no effect except during that specific period.

Licence for special method.

62(3)

A licence or permit to hunt, kill, trap or capture wildlife may be issued for a special method of hunting, killing, trapping or capturing that wildlife, and a licence or permit so issued shall indicate on the face thereof the special method for which it is issued, and the licence or permit is invalid and of no effect except for hunting, killing, trapping or capturing the wildlife by that special method.

Fee to licence issuer.

63

The minister may direct that a person who is authorized by him to issue a licence or wildlife certificate and who is not an employee of the government be paid a commission fixed by the regulations for each licence or wildlife certificate issued by him, and that person may deduct the amount of the commission from the fee paid to him for the licence or wildlife certificate before remitting the fee to the government.

Minister may authorize killing, capturing of wildlife.

64(1)

For the purpose of wildlife management, research or the protection of property, the minister may in writing and subject to such terms and conditions as he may prescribe direct or authorize

(a) an officer to kill, capture or take any wildlife: or

(b) any person specified in the direction or authorization to kill, capture of take any wildlife.

Property in wildlife killed under authority.

64(2)

Where a person kills, captures or takes any wildlife pursuant to a direction or authorization given under subsection (1), all property, rights, title and interest in and to the wildlife, unless waived by the minister, are in the Crown.

Permit for wildlife, nests or eggs.

65

Notwithstanding any other provision in this Act or the regulations, the minister may grant, subject to such terms and conditions as he may prescribe, a permit to hunt or take or be in possession of any wildlife or the nest or eggs of any bird, for

(a) educational or scientific purposes; or

(b) any other purpose that the minister deems to be in the public interest.

Effect of licences and permits.

66

A licence or permit is not, and does not operate as, a demise, lease or transfer of any title or interest in or to land.

Offence and penalty.

67

Any person who contravenes or fails to observe a provision of this Part or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than one month or to both the fine and the imprisonment.

PART IV

ENFORCEMENT

Appointment of employees.

68(1)

Such employees as may be necessary for the administration of this Act may be appointed as provided in the Civil Service Act.

Appointment of officers.

68(2)

The minister may appoint any person employed under him in the government as an officer for the purposes of this Act.

Temporary officers.

68(3)

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.

Authority of officer.

69

For the purposes of this Act, an officer is, and has and may exercise the powers and authority of, a police constable or peace officer.

Inspection of premises and records.

70(1)

An officer may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations,

(a) enter and inspect any premises in respect of which a licence or permit has been issued; and

(b) inspect any records required to be kept under this Act or the regulations, and the person required to keep the records shall produce them upon the request of the officer, and the officer may examine the records, take extracts therefrom or make copies thereof.

Powers of arrest.

70(2)

An officer, upon witnessing the commission of an offence under this Act or the regulations, may without process arrest the person committing the offence and bring him before a court of competent jurisdiction to be dealt with according to law.

Entry upon private property.

70(3)

In the discharge of his duties under this Act, an officer and any person accompanied by him may enter upon and pass through or over private land without being liable for trespass.

Inspection of hunting camps.

70(4)

An officer may inspect any camps occupied by hunting parties.

Seizure in execution of duties.

71(1)

Any officer acting in the course or scope of duty who discovers an offence being committed against this Act or the regulations may seize

(a) any wildlife or the pelt, skin or hide of any wildlife;

(b) any firearm, ammunition, decoy, or other implement or appliance used for shooting, hunting or trapping; and

(c) any vehicle, boat, aircraft, or other conveyance;

which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize.

71(2)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, specimen of wildlife or pelt, skin or hide of wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence;

may at any time issue a warrant authorizing any officer and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant.

71(3)

Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, specimen of wildlife or pelt, skin or hide of wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence;

and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure for examination, etc.

71(4)

An officer who suspects on reasonable and probable grounds that any wildlife has a disease may seize the wildlife for the purpose of performing a biological or scientific examination of it, and where upon examination the wildlife is found to have a disease, the minister may direct that it be treated, destroyed, or otherwise disposed of in such manner as is reasonably required under the circumstances.

Inspection of firearms.

72(1)

An officer may inspect any firearm found in or on any vehicle.

Production of firearm.

72(2)

Every person, upon being requested to do so by an officer, shall forthwith produce and allow the officer to inspect any firearm in his possession or subject to his control.

Officer may stop vehicle.

73(1)

For purposes of exercising any enforcement power under this Act or the regulations, an officer may signal or request any person driving a vehicle to stop, and thereupon the person shall bring the vehicle to a stop and shall not proceed until permitted to do so by the officer.

Inspection of wildlife.

73(2)

An officer may inspect any wildlife found in or on a vehicle.

Officer may kill dog.

74

An officer may, at any time and without incurring any liability therefor to the owner of the dog, kill any dog found running after, pursuing or molesting a big game animal, fur bearing animal or wild turkey.

Possession.

75(1)

For the purposes of this Act and the regulations,

(a) a person has anything in possession when he has it in his personal possession or knowingly

(i) has it in the actual possession or custody of another person, or

(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and

(b) where one or two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

Onus of proof in possession.

75(2)

In any prosecution arising out of the possession of anything, the burden of proof is on the accused to prove he did not have possession of the thing within the meaning of subsection (1).

Place of origin.

75(3)

For the purposes of this Act and the regulations, any wildlife found within the province shall be presumed to have its place of origin in the province, and where the wildlife is dead it shall be presumed to have been killed within the province.

Onus arising from possession.

76

Where any person is charged with a violation of any provision of this Act or the regulations

(a) by reason of his having taken, killed, procured or kept any wildlife or any part thereof, the taking, killing, procuring or keeping of which is prohibited, or by reason of his 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 taking, killing, procuring or keeping was prohibited; or

(b) by reason of his having had in his possession any article the possession of which is prohibited, or by reason of his having had in his possession any article in an area where or during a period or at a time when possession thereof was prohibited;

if it is shown to the satisfaction of a judge, magistrate or justice of the peace that the wildlife or the part thereof or the article was found in his possession or under his control, he shall be presumed to have committed the offence with which he is charged.

Certificate of minister.

77(1)

In a prosecution or proceeding under this Act or the regulations in which proof is required

(a) as to the issue or cancellation of a licence, permit or wildlife certificate; or

(b) as to whether or not a person is the holder of a licence, permit or wildlife certificate; or

(c) as to the delivery, serving, mailing or giving of any document or notice by the minister;

a certificate signed by the minister certifying thereto 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 proof of his appointment or signature.

Certificate of laboratory.

77(2)

In a prosecution or proceeding under this Act or the regulations, a certificate signed by the person in charge of any laboratory or meteorology station operated or maintained by the government or by the Royal Canadian Mounted Police, or by the assistant to or any person acting in the place of the person so in charge, is admissible in evidence as prima facie proof of the facts stated therein and as conclusive proof of the authority of the person signing the certificate without further proof of his appointment or signature.

Same name.

77(3)

The fact that the 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.

Forfeiture of wildlife.

78(1)

Where a person has been convicted of an offence under this Act or the regulations, any wildlife, or part thereof, and any pelt, skin or hide of wildlife which was seized in respect of the offence is forfeited to the Crown and may be disposed of as the minister or an officer directs.

Disposition on acquittal, etc..

78(2)

Where any wildlife or part thereof, or any pelt, skin or hide of wildlife was seized under this Act in respect of an alleged offence against this Act or the regulations, and the accused has been acquitted of the offence or no prosecution has proceeded, the wildlife, pelt, skin or hide shall be turned over to the person who is lawfully entitled to possess it.

Forfeiture of other things.

78(3)

Where any thing except wildlife or a pelt, skin or hide of wildlife was seized under this Act in respect of an alleged offence against the Act or the regulations, and the accused has been convicted of the offence, the presiding justice may, in addition to imposing the penalties provided under this Act, order the thing to be forfeited to the Crown.

Disposal.

78(4)

Where a thing has been ordered to be forfeited under subsection (3), it shall be disposed of as the minister or an officer directs, but otherwise the thing shall be turned over to the person who is lawfully entitled to possess it at the conclusion of proceedings in respect of the alleged offence.

Where person unknown.

78(5)

Where, for six months or more after a thing has been seized under this Act, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as the minister or an officer directs.

Jurisdiction of justice of peace or magistrate.

79

A magistrate or justice of the peace may hear, try, determine and adjudge prosecutions, charges, matters and proceedings initiated, brought or taken under this Act or the regulations.

Limitation period.

80(1)

An information or complaint for an offence under this Act or the regulations may be laid at any time within one year after the date on which the offence is alleged to have been committed; but an information or complaint for failure to make a report or return required under this Act or the regulations or for making a false statement on any application or on the report or return may be laid at any time after the offence is alleged to have been committed.

Description of offence.

80(2)

The description of an offence in the words of either this Act or the regulations, or in any similar words, is sufficient for the purposes of an information or complaint laid or made for an offence under this Act or the regulations.

Separate offences.

80(3)

A violation of this Act or the regulations constitutes a separate offence in respect of each specimen of wildlife that is the subject thereof.

Continuing offences.

80(4)

A violation of this Act that continues for more than one day constitutes a separate offence on each day during which it continues.

Defect in form.

80(5)

A conviction or order made in any matter arising under this Act or the regulations, either originally or on appeal, shall not be quashed for any defect in form.

Offence and penalty.

81

Any person who contravenes or fails to observe a provision of this Part or a regulation made thereunder is guilty of an offence and liable on a term of not more than one month or to both the fine and the imprisonment.

PART V

GENERAL

Annual reports by minister.

82

Within six months after the close of each fiscal year of the government if the Legislature is then in session or, if the Legislature is not then in session, at the next session of the Legislature, the minister shall prepare and lay before the assembly a report of his administration of this Act, including a review of all wildlife allocations, for that fiscal year.

Five year reports by minister.

83

In addition to the reports required under section 82, the minister shall, within six months of the close of the fiscal year, 1987 and in every fifth year thereafter, prepare and lay before the next session of the Legislature following the close of the fiscal year, a report containing

(a) a review of the status in the province of the animals listed in Schedule A and of such other wildlife as the minister may select for review;

(b) a review of the wildlife management programs implemented by the minister and an assessment of their effectiveness;

(c) an analysis of trends in, and a forecast of demands for, the use of the wildlife resource in the province; and

(d) an evaluation of the capability of the wildlife resource in the province to meet anticipated demands.

Agreements.

84

Subject to the approval of the Lieutenant Governor in Council, the minister may, on behalf of the government, enter into any agreement with the Government of Canada, the government of a province or territory of Canada, or the government of a foreign country or state thereof, or an agency of any of the foregoing, or with a municipality or local government district or any society, group, organization, person or individual for

(a) the joint management of wildlife, or mutual assistance in the enforcement of laws relative to wildlife; or

(b) the development and implementation of joint informational, educational or training programs; or

(c) the conduct of joint biological or ecological investigations; or

(d) reciprocal arrangements for fees to be charged for licences, permits or wildlife certificates issued under this Act and their counterparts issued in the other jurisdictions; or

(e) the joint management of wildlife habitats; or

(f) the development and implementation of joint programs for the control of damage caused by wildlife; or

(g) the development and implementation of joint programs for the control of wild animals;

or for all or any of those matters, and the agreement may include provisions for contributions by the government toward the cost of implementing the provisions thereof.

Property in wildlife vested in the Crown.

85(1)

Except as otherwise herein provided, all property rights, title and interest in and to wildlife are vested in the Crown.

No Crown liability.

85(2)

Notwithstanding subsection (1) or any other provision of this or any other Act of the Legislature, no right of action lies and no right of compensation exists against the Crown for death, personal injury or property damage caused by any wildlife.

Property in lawfully killed wildlife.

86(1)

Subject to this Act and the regulations, where a person kills any wildlife lawfully, he acquires all property, rights, title and interest in and to the carcass thereof and continues to have the property, rights, title and interest as long as he complies with the provisions of this Act and the regulations.

Property in live wildlife.

86(2)

Subject to this Act and the regulations, where a person has possession of any wildlife that is live under a licence or permit that authorizes him to keep the wildlife, he has all property, rights, title and interest in and to the wildlife, and he continues to have the property, rights, title and interest as long as he complies with the provisions of this Act and the regulations.

Disposal of wildlife carcass.

87(1)

The minister may dispose of the carcass or any part of the carcass of any wildlife that is the property of the Crown, by sale, donation or destruction; but this subsection does not apply in the case of wildlife that is confiscated under this Act.

Disposal of live wildlife.

87(2)

The minister may dispose of any live wildlife in captivity that is the property of the Crown, by selling, donating, killing and destroying the wildlife or setting it free.

Compensation for livestock killed by accident

88(1)

Subject to subsection (2), where livestock is killed or injured by a person who is unknown to the owner thereof and who is hunting at a time hunting and killing of big game is permitted under this Act or a regulation made thereunder, with a firearm or bow and arrow suitable for hunting big game, the Minister of Finance on the recommendation of the minister may pay from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied, to the owner,

(a) as compensation for the loss of the livestock and for veterinarian's fees necessary to determine the cause of death; or

(b) as compensation for veterinarian's fees necessary to restore the livestock to health;

as the case may be, such sum as the minister may deem to be reasonable but not exceeding the value of the livestock as determined by the minister after deducting any salvage value thereof to the owner.

Conditions for compensation.

88(2)

No payment shall be made under subsection (1)

(a) except in conformity with regulations therefor made by the Lieutenant Governor in Council; and

(b) unless the person to whom the payment is made has applied in writing therefor to the minister on a form approved by the minister, and has complied with the requirements of the regulations made under clause (a).

Regulations

89

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order 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 and orders

(a) prescribing the fees payable for any permit, wildlife certificate or licence issued under this Act;

(b) designating areas of land for the purposes of Part I and prescribing prohibitions and restrictions for each designated area;

(c) prescribing the royalties to be paid on skins, pelts and hides of any wildlife or of any species or type of wildlife and regulating the method of collection and all matters relating thereto;

(d) respecting the claims for and the manner of payment of compensation for damage to livestock;

(e) respecting the establishment, development and administration of such programs as may be deemed necessary to prevent, moderate or to provide compensation for damage to crops caused by wildlife;

(f) prescribing programs of land use with respect to the preservation, maintenance and restoration of habitat on Crown land;

(g) prescribing such co-operative programs as may be deemed necessary to maintain hunter access to privately owned lands;

(h) respecting such other matters as may be required for the purposes of this Act.

Regulations by minister.

90

For the purpose of carrying out the provisions of this Act according to their intent, the minister 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 minister may make regulations

(a) respecting the issue of permits, wildlife certificates and licences and prescribing the terms and conditions thereof including, but without limiting the generality of the foregoing,

(i) limiting the number of permits, wildlife certificates or licences of any kind, class or type that may be issued, and in the event of a surplus of applications, prescribing the basis or method of selection of those to whom the permits, wildlife certificates or licences may be issued,

(ii) restricting the issue of permits, wildlife certificates or licences of any kind, class or type to residents, or prescribing separate permits, wildlife certificates or licences for residents, non-residents and non-resident aliens,

(iii) fixing age requirements or other qualifications for any permit, wildlife certificate or licence or class of permit, wildlife certificate or licence and prescribing special terms and conditions to which any permit, wildlife certificate or licence or class or permit, wildlife certificate or licence issued to persons who are under any age, or who do not have specified qualification, shall be subject;

(b) prescribing the manner in which any coupon, tag or seal prescribed by the minister for use under this Act shall be used;

(c) designating a specific period during which a permit, wildlife certificate or licence is valid;

(d) designating a special method of hunting, killing, trapping or capturing wildlife for which a permit or licence is valid;

(e) specifying the days of the week during which a permit or licence is valid;

(f) designating a special area within which a permit or licence is valid;

(g) prohibiting or regulating

(i) the hunting, killing, taking or capturing of a species or type of wildlife, or

(ii) the hunting, killing, taking or capturing of a species or type of wildlife in any specified area, or

(iii) the hunting, killing, taking or capturing of a species or type of wildlife during any specified period of the year, or

(iv) the hunting, killing, taking or capturing of a species or type of wildlife in a specified manner, or

(v) the hunting, killing, taking or capturing of any wildlife of a specified sex or age;

(h) prescribing periods of the year during which wildlife, or any species or type thereof, may be hunted, killed or taken, or during which the hunting, killing or taking of a specified species or type of wildlife is prohibited;

(i) prescribing specific days of the week on which wildlife, or any species or type thereof may be hunted, killed or taken, or during which hunting, killing or taking of a specified species or type of wildlife is prohibited;

(j) prescribing times of the day when hunting is prohibited or the hunting and killing of a specified species or type of wildlife is prohibited;

(k) regulating the use and management of, and the hunting, killing or taking of wildlife or any species, type or kind thereof in any 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 therein and prescribing terms and conditions that apply thereto,

(ii) prescribing periods during which hunting or trapping of wildlife, or any species or type thereof is permitted therein;

(l) authorizing and regulating the hunting of big game by two or more persons jointly;

(m) requiring non-resident hunters to obtain the services of guides while hunting any species or type of wildlife in all or specified parts of the province;

(n) regulating the use of dogs for hunting wildlife or any species, type or kind thereof;

(o) regulating the use of blinds and decoys in hunting;

(p) regulating the use of snares to catch or take wildlife;

(q) regulating the use and possession of firearms, ammunition and bows and arrows for hunting and, in particular

(i) the use or possession of specified types or classes of firearms or ammunition or bows and arrows for hunting purposes or for hunting 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;

(r) prohibiting or regulating the possession of firearms or ammunition or bows and arrows, or certain types or classes thereof, in any part of the province;

(s) prescribing the colour and type of dress to be worn by hunters hunting a species or type of wildlife;

(t) regulating the use of vehicles for any purpose relating to the hunting of wildlife;

(u) regulating the use of vehicles and every type of water craft in marshes;

(v) prescribing methods for or restrictions upon or prohibiting the hunting of wildlife at night;

(w) prescribing the maximum number of wildlife of any species or type that a person may have in his possession;

(x) prescribing the maximum number of wildlife of any species or type that a person may take, kill or capture in any day, week, month or year;

(y) respecting the length of time during which a person may have possession of the carcass of any wildlife after legally killing it, or any part of the carcass;

(z) regulating the possession of wildlife or any species or type thereof;

(aa) designating certain species or classes of animals as big game, game birds, small game, fur bearing animals, amphibians or reptiles, or as protected species, as the case may be;

(bb) declaring any species or type of wildlife, or any aggregation of a species or type of wildlife to be endangered and prescribing prohibitions or restrictions or measures for the preservation of the species, type or aggregation;

(cc) prohibiting the importation into, or possession within, the province of any species or type of animal;

(dd) prescribing conditions respecting the import or export of any animal;

(ee) regulating the possession of any animal brought into the province and requiring permits to be obtained prior to bringing them into the province;

(ff) prescribing the terms and conditions under which meat of wildlife may be stored in frozen food locker plants or cold storage plants including, without limiting the generality of the foregoing,

(i) regulating the number of carcasses or the amount of meat of any species or type of wildlife that may be stored by any person or class of person,

(ii) regulating the time when and length of periods during which meat of wildlife may be so stored, and

(iii) prescribing the records to be kept by the operator of the plant in respect of the meat of wildlife stored therein;

(gg) regulating the sale of wild animals raised and kept in captivity on wildlife farms, or brought into the province to stock wildlife farms or private shooting preserves, or brought into the province for sale in restaurants or food stores;

(hh) respecting the licencing of, and regulating the operations of, shooting preserves and wildlife farms, and regulating the keeping, raising and propogation of wild animals therein or theron, and the taking of wild animals therin or therèon;

(ii) regulating the training of dogs for hunting and the use of wildlife therefor, and the licencing of dog trainers;

(jj) respecting the licencing of taxidermists, tanners and fur dealers;

(kk) prescribing records that a person to whom a permit or licence is issued shall keep, and returns and reports that the person shall make to the minister;

(11) regulating the serving of the meat of any wild animal for food in a place where meals are served for remuneration or in the hope or expectation thereof;

(mm) prescribing prohibitions or restrictions to be observed in any wildlife management area or public shooting ground or other area designated under Part I;

(nn) regulating hunting on leased Crown lands to ensure the safety of persons and property;

(oo) regulating the handling, possession or transporting of any species or type of wildlife or any parts thereof;

(pp) regulating or prohibiting the activities of guides and prescribing the duties of guides;

(qq) respecting such other matters as may be required for the purposes of this Act.

Application of regulations.

91

A regulation under this Act may be made to apply to the whole province or any part of the province.

Disposal of rents, fees, fines.

92(1)

Save as may be otherwise provided in this Act or the regulations, all royalties, rentals, licence fees, fines, penalties, proceeds of sale of articles or things confiscated, forfeited or seized, and any other receipts, fees and revenue under this Act and the regulations or under any lease, licence or other instrument, shall be paid to the Minister of Finance.

Costs of administration.

92(2)

All costs incurred in the administration of this Act shall be paid from and out of the Consolidated Fund with monies authorized by an Act of the Legislature to be so paid and applied.

Rights against trespassers preserved.

93

Nothing in this Act limits or affects any rights or remedies that any person has at common law or by statute for trespass in respect of land.

Act subject to Natural Resources Act.

94

This Act is subject to paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Act.

SCHEDULE A

WILD ANIMALS

Division 1 - Big Game
Moose Alces alces
Elk Cervus elaphus
Barren-ground Caribou Rangifer tarandus groenlandicus
Woodland Caribou Rangifer tarandus caribou
White-tailed Deer Odocoileus virginianus
Mule Deer Odocoileus hemionus
Polar Bear Ursus maritimus
Black Bear Ursus americanus
Gray (Timber) Wolf Canis lupus
Division 2 - Fur Bearing Animals
Beaver Castor canadensis
Short-tailed Weasel Mustela erminea
Long-tailed Weasel Mustela frenata
Coyote Canis latrans
Fisher Martes pennanti
Artic Fox Canis lagopus
Red Fox Canis vulpes
River Otter Lutra canadensis
Badger Taxidea taxus
Bobcat Felis rufus
Marten Martes americana
Mink Mustela vision
Muskrat Ondatra zibethica
Red Squirrel Tamiasciurus hudsonicus
Wolverine Gulo gulo
Raccoon Procyon lotor
Lynx Felis canadensis
Division 3 - Game Birds
Ruffed Grouse Bonasa umbellus
Gray (Hungarian) Partridge Perdix perdix
(Wild) Turkey Meleagris gallopava
Rock Ptarmigan Lagopus mutus
Willow Ptarmigan Lagopus lagopus
Spruce Grouse Canachites canadensis
Sharp-tailed Grouse Pedioecetes phasianellus
Ring-necked Pheasant Phasianus colchicus
Plus Migratory Game Birds protected in Canada under the Migratory Birds Convention Act.
Division 4 - Small Game Animals
Division 5 - Amphibians and Reptiles
Northern Leopard Frog (includes tadpoles) Rana pipiens
Tiger Salamander Ambystoma tigrinum
Red-sided Garter Snake Thamnophis sirtalis
Western Plains Garter Snake Thamnophis radix
Snapping Turtle Chelydra serpentina
Painted Turtle Chrysemys picta
Division 6 - Protected Species
Pronghorn (Antelope) Antilocapra americana
Cougar Felis concolor
White Pelican Pelecanus erythrorhynchos
Double-crested Cormorant Phalacrocorax auritus
Greater Prairie Chicken Tympanuchus cupido
All vultures, eagles, hawks,
osprey and falcons Falconiformes
All owls Strigiformes
Kingfisher Megaceryle alcyon
Blue Jay Cyanocitta cristata
Gray (Canada) Jay Perisoreus canadensis
Common Raven Corvus corax
Western Hognose Snake Heterodon nasicus
Northern Prairie Skink Eumeces septentrionalis
Plains Spadefoot Toad Scaphiopus bombifrons
Plus Migratory Non-Game Birds and Migratory Insectivorous Birds protected in Canada under the Migratory Birds Convention Act.