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Canadian Amphibian and Reptile Conservation Network - Réseau Canadien de Conservation des Amphibiens et des Reptiles

Legal Protection for Amphibians and Reptiles 
in Alberta

This page contains information on the:


PLEASE Note the following throughout this document :

  1. A "..." means that part of the original legislation has been omitted in order to keep the focus on reptiles and amphibians. Only sections pertaining directly or indirectly to reptiles and amphibians have been included

  2. If you are interested in other wildlife, do not refer to this text as important sections have likely been omitted.

  3. Otherwise the legislation is the original text in order to prevent any possible complications due to a change of wording.

  4. Where a brief explanation was deemed necessary and anywhere else we added words that do not appear in the original Act the text has been italicized.

  5. Other areas have been bolded to highlight important words

  6. Blue words and numbers are links, click on them to visit the website or location they describe

_________________________________________

Wildlife Act
A full copy of this Act may be found online at: www.gov.ab.ca/qp/ascii/regs/1997_143.txt

A full list of the Acts of Alberta: www.gov.ab.ca/qp/acts.html
Amphibians of Alberta: www.gov.ab.ca/env/fw/amphib/index.html
Threatened Wildlife in Alberta (Leopard Frog): www.gov.ab.ca/env/fw/threatsp/index.html
Wildlife Protection and Enforcement in Alberta: www.gov.ab.ca/env/protenf.html

If you have any questions regarding this act or would like to report an offence under this act, please contact:
Pat Dunford
Wildlife Enforcement Officer
Tel.: (780) 427-4277.
E-mail: Pat.dunford@gov.ab.ca

The following text is excerpts which pertain to reptiles and amphibians from the:

WILDLIFE ACT
Chapter W-9.1

Alberta Statutes and Regulations, belongs to the Province of Alberta.

TABLE OF CONTENTS of sections included in this summary:

 

1 Interpretation

Part 1: ADMINISTRATION
3 Wildlife guardians

Part 2: RELATIONS OF THE CROWN TO WILDLIFE
10 Property in live wildlife
11 Property in dead wildlife
12 Transfer of property in wildlife
13 Disputes as to the Crown's ownership
14 Claims against the Crown

Part 3: LICENCES & PERMITS
15 Establishment of and entitlements under licencesand permits
21 Validity of licence

Part 4: HUNTING & RELATED ACTIVITIES
25 General Rules for Hunting Open seasons
26 Hunting without licence
27 Hunting out of season
30 Hunting at night
31 Protection of livestock and other property
33 Minors
34 Prohibited items in hunting wildlife
35 Use of vehicles, boats and aircraft
37 Hunting for trafficking purposes
38 Disturbance, etc., of wildlife habitation
40 Hunting on occupied land
40.1 Hunting in wildlife sanctuary
47 Activities Related to Hunting:
Prohibition of harassment of hunters
50 Bird dogs

Part 5: POSSESSION OF & COMMERCE IN ANIMALS
54 Possession of wildlife and controlled animals
55 Possession of poisoned wildlife
57 Transportation of wildlife
58 Importation of live wildlife and controlled animals
59 Exportation of wildlife
59.1 Escape and recapture of animals from certain premises
60 Release from captivity
61 Trafficking in wildlife
62 Taxidermy and tanning
63 Records of wildlife

Part 6: ENFORCEMENT
78 Diseased animals
80 Damage or threat caused by private animals

Part 8: OFFENCES & PENALTIES
86 Offences against the Act and regulations

Part 9: REGULATIONS
98 Scope of regulations

Part 10: MISCELLANEOUS
99 Consequential
102 Coming into force

SCHEDULE
Items Prohibited for Hunting Purposes - Item 1:
Items prohibited for hunting all wildlife

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

Interpretation
1(1) In this Act,

(a) "animal" means a vertebrate ...; (and for our purposes any reptile or amphibian)

(b.01) "controlled animal" means an animal of a kind prescribed as such; (see schedule 5 of the regulations)

(b.1) "Crown" means the Crown in right of Alberta;

(b.2) "dog" means a domestic dog (canis domesticus);

(c) "endangered animal" means an animal of a kind prescribed as such;

(c.01) "endangered organism" means an endangered animal or another organism of an
endangered species;

(c.02) "endangered species" means
(i) a kind of endangered animal,

(g) "guide",
(i) used as a verb, means hunt in the manner specified in clause (g.1)(iv), and
(ii) used as a noun, means a person who so hunts;

(g.1) "hunt" means, subject to subsection (6), with reference to a subject animal,
(i) shoot at, harass or worry,
(ii) chase, pursue, follow after or on the trail of, search for, flush, stalk or lie in wait for,
(iii) capture or wilfully injure or kill,
(iii.1) attempt to capture, injure or kill, or
(iv) assist another person to hunt in a manner specified in subclause (i), (ii), (iii) or (iii.1) while that other person is so hunting;

(h) "licence" means a valid and subsisting licence issued under section 16(1) authorizing hunting, and includes a tag or other component part of a licence;

(i) "Minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act;

(i.1) "non-game animal" means an animal of a kind prescribed as such;

(j) "non-licence animal" means an animal of a kind prescribed as such;

(j.01) "officer" means a conservation officer;

(j.1) "open season" means a period established as such under section 25(2);

(k) "permit" means a valid and subsisting permit issued under section 16(1) authorizing an activity other than hunting;

(k.1) "permit premises" means premises or parts of premises where an activity for which a permit
is required is conducted;

(l) "prescribed"
(i) in the expression "prescribed by the Lieutenant Governor in Council" means prescribed or otherwise provided for by regulations made by the Lieutenant Governor in Council, and
(ii) otherwise, means prescribed or otherwise provided for by regulations made by the
Minister;

(m) "privately owned land" means
(i) land held under a certificate of title by a person other than the Crown,
(ii) land held under an agreement for sale under which the Crown is the seller, or
(iii) land or classes of land held under leases or other dispositions from the Crown that are prescribed to be privately owned land;

(n) "record" includes
(i) an account, book, return, statement, report, document or memorandum of information whether in writing or in electronic form or represented or reproduced by any other means, and
(ii) the results of the recording of details of electronic data processing systems and programs to illustrate what the systems and programs do and how they operate;

(o) "resident" means a person who
(i) has his only or primary residence in Alberta and
(A) is a Canadian citizen or admitted to permanent residence in Canada, or
(B) has lived in Canada for the 12-month period immediately preceding the relevant date, or
(ii) is on full-time service with the Armed Forces of Canada and would, if an election were held under the Elections Act (Canada), be eligible to vote in Alberta under that Act;

(p) "skin", in relation to an animal, includes its hide ...

(p.1) "subject animal" means a wildlife animal, a controlled animal or any other kind of animal prescribed as a subject animal;

(r) "this Act" means this Act and the regulations;

(s) "traffic" means sell, buy, barter, solicit or trade or offer to do so;

(t) "trap",
(i) used as a noun, means a device, other than a weapon, designed and commonly used to capture, injure or kill animals of any kind, and
(ii) used as a verb, means capture, injure or kill animals of any kind, or attempt to do so, by means of the use of a trap;

(v) "vehicle" means a device, other than an aircraft or boat, in, on or by which a person or thing may be transported;

(w) "weapon" means a firearm or any other device that propels a projectile by means of an explosion, spring, air, gas, string, wire or elastic material or any combination of those things;

(x) "wildlife" means ... animals, non-licence animals ... and includes any hybrid offspring resulting from the crossing of 2 wildlife animals;

(y) "wildlife guardian" or "guardian" means a person appointed as a wildlife guardian under section 3(1).

(2) A person shall not be regarded as having hunted a subject animal
(a) for the purposes of subsection (1)(g.1)(ii), if
(i) he was not carrying a weapon, and
(ii) the purpose of his activity was restricted to watching, photographing, drawing or painting a picture of the animal,

(b) if the activity in question was reasonably incidental to
(iii) the operation of permit premises under a permit that authorized the keeping of captive subject animals, and was conducted on the ... permit premises by the owner, operator or permittee of ... those premises, as the case may be...

(3) For the purposes of this Act,
(a) a person has a thing in his 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) when one of 2 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 possession of each and all of them.

(4) Where there is a reference in this Act to an animal or a kind of animal by its common name and that common name is accompanied in this Act by a reference to its scientific name, then, for the purposes of construing this Act, the reference to the common name of the animal or kind of animal shall be deemed to be a reference to the scientific name ascribed to it in this Act.

(5) Except where specified or where the context otherwise requires, a reference in this Act to an animal or any kind of animal shall be construed as a reference to an animal or to an animal of that kind whether it is alive or dead, and to include any part of the animal, including tissue or genetic material removed from the animal, and its eggs or any part of its eggs, but, except as prescribed, not to include exuviated parts (i.e. parts which have been shed, such as feathers, antlers, or snake skin) of any kind of animal.

(6) Where
(a) a person has the intent to hunt, and believes or appears to believe that he is hunting,
(b) what he is purporting to hunt is actually a representation of a wildlife animal that has been set out by a conservation officer or wildlife guardian, and
(c) having regard to the time when, the location where and any other relevant circumstances under which the activity takes place, the activity would, if that representation were a real wildlife animal of the kind represented, constitute an act of hunting that would be an offence against a hunting provision of this Act, then he is deemed for the purposes of this Act to be hunting such a wildlife animal and is guilty of an offence against that provision.

PART 1: ADMINISTRATION

3 Wildlife guardians
(1) The Minister may appoint wildlife guardians.
(2) Wildlife guardians have the powers and duties provided by this Act and any other law and such other duties as are directed by the Minister.

PART 2: RELATIONSHIP OF THE CROWN TO WILDLIFE

10 Property in live wildlife
(1) Subject to this section, the property in all live wildlife in Alberta is vested in the Crown.

(2) Subsection (1) does not apply
(a) to live captive wildlife that has been transferred under section 12,
(b) to the progeny of a female wildlife animal that was transferred under section 12, being progeny born in captivity after the effective date of the transfer,
(c) to progeny born in captivity of female progeny described in clause (b), or
(d) to wildlife born in captivity and that is directly descended through the female line from female progeny described in clause (b).

(3) Notwithstanding subsection (2), the property in wildlife that ceases to be held captive reverts to the Crown.

(4) Notwithstanding subsection (2), the property in the following wildlife is vested in the Crown:
(a) any wildlife the property in which has reverted to the Crown,
(b) progeny of a female wildlife animal the property in which reverted to the Crown, being progeny born after the reversion,
(c) the progeny of female progeny described in clause (b), or
(d) wildlife directly descended through the female line from female progeny described in clause (b), except to the extent that there has been a subsequent transfer of that wildlife under section 12.

11 Property in dead wildlife
(1) After the death in Alberta of wildlife belonging to the Crown, the property in it remains in the Crown unless the Minister transfers it to another person under section 12 or unless
(a) it has been lawfully hunted,
(c) applicable regulations under section 96(1)(v) have been complied with in respect of that wildlife, and
(d) all applicable provisions of this Act for the taking into possession of the wildlife following its death have otherwise been fully complied with.

(2) Notwithstanding subsection (1), the property in dead wildlife does not transfer from the Crown
(a) if this Act or the licence under which the wildlife was hunted provides that the property in the wildlife is to remain in the Crown, or
(b) to the extent of such parts of the wildlife as are retained by the Minister following their submission to him under regulations made under section 96(1)(v).

12 Transfer of property in wildlife
Except as prescribed, the Minister may, in writing and in the prescribed form, transfer the Crown's property in wildlife on terms and conditions that he considers appropriate and that are specified in the transfer instrument.

14 Claims against the Crown
Notwithstanding any other law, no right of action lies and no right of compensation exists against
(a) the Crown by virtue of the application of this Part, or
(b) the Crown or a conservation officer or wildlife guardian for any act done, or any failure to act, by any of them in good faith
(i) while exercising powers or performing duties under this Act, or
(ii) for death, personal injury or property damage caused by an animal.

PART 3 LICENCES AND PERMITS

15 Establishment of and entitlements under licences and permits
(3) The rights attached to a licence or permit are subject to such terms and conditions applicable to it as may be provided by this Act or as may be endorsed by the Minister on the licence or permit.

(4) A person shall not contravene any of the terms or conditions of a licence or permit.

21 Validity of licence
A licence to hunt a kind of wildlife has effect subject to section 15(3) and is valid only
(a) to authorize hunting of wildlife of that kind and the killing or capturing of wildlife in the number endorsed on the licence or prescribed,
(b) during the open season for wildlife of that kind and during the currency of the licence,
(c) in an area where wildlife of that kind may be lawfully hunted,
(d) to authorize hunting by the licence holder or a person authorized by or under the licence to hunt, and

PART 4 HUNTING AND RELATED ACTIVITIES

25 General Rules for Hunting Open seasons
(2) The Minister may by regulation establish as open seasons periods during which wildlife of the kinds and characteristics and in the numbers prescribed may be lawfully hunted in the areas, under the licences and, where applicable, in the manner prescribed.

26 Hunting without licence
(1) Subject to subsection (3), a person shall not hunt wildlife unless he holds a licence authorizing him, or is authorized by or under a licence, to hunt wildlife of that kind.

(2) … subsection (1) applies only
(a) in respect of guiding, to guiding for gain or reward,
and
(b) in respect of non-licence wildlife, to trapping.
(Therefore, a person can not hunt non-licence wildlife using a trap without a licence)

(3) A person shall not for gain or reward guide another person hunting wildlife unless he holds a licence or has a prescribed authorization specifically authorizing that guiding.

27 Hunting out of season
(1) A person shall not hunt wildlife outside an open season or if there is no open season for that wildlife.
(2) Subsection (1) does not apply to hunting that is specifically authorized by or under
(a) a licence that authorizes hunting outside or notwithstanding the lack of an open season,

30 Hunting at night
A person shall not hunt wildlife, except by trapping, during the period commencing at 2 hour after sunset and ending at 2 hour before sunrise the following day.

34 Prohibited items in hunting wildlife
(1) A person shall not set out, use or have in his possession for the purpose of hunting wildlife anything described in Item 1 of the Schedule.

(1.1) A person shall not have in his possession while hunting wildlife anything described in the Schedule that is prescribed.

(2) Subsections (1) and (1.1) do not apply to a setting out, use or possession of something specifically authorized by or under
(a) a licence authorizing the control of wildlife depredation or the collection of wildlife, or

(3) The finding of a poisonous substance described in subsection (4) in a strength and volume sufficient to kill any fur-bearing animal or of any immobilizing drug on the trapline, or on or in any equipment or facilities used in connection with the trapline, of a person who hunts wildlife with traps is prima facie proof that he set it out, used it or had it in his possession, as the case may be, in contravention of subsection (1).

(4) The poisonous substances referred to in subsection (3) are as follows: Sodium Fluoroacetate (1080) Etorphine Hydrochloride (M99) Xylazine Hydrochloride (Rompun) Phencyclidine Hydrochloride (Sernylan) Ketamine Hydrochloride (Ketamine) All compounds that include Cyanide, Strychnine or Arsenic Any other prescribed poisonous substances.

(5) In subsection (4), the common names of substances stated in parentheses are inserted for convenience of reference only, and are not to be treated as part of this Act.

(6) A person shall not set out or use a substance that is neither included in subsection (4) nor an immobilizing drug with intent to poison or otherwise kill wildlife unless

(a) specifically authorized to do so by or under a licence authorizing the control of wildlife depredation or the collection of wildlife, or

(b) both
(i) the use of that substance is expressly authorized for controlling wildlife of a particular kind by, and the action undertaken is otherwise in accordance with, both the Environmental Protection and Enhancement Act and the Pest Control Products Act (Canada) or the regulations under those Acts, and

(ii) wildlife of that kind is a pest or a nuisance within the meaning of the Agricultural Pests Act.

35 Use of vehicles, boats and aircraft
(1) A person shall not
(b) use a vehicle, aircraft or boat with intent to harass, injure or kill wildlife,

(2) Subsection (1) does not apply to an activity that is specifically authorized by or under
(a) a licence authorizing the control of wildlife depredation or the collection of wildlife.

37 Hunting for trafficking purposes
A person shall not hunt wildlife for the purpose of trafficking or enabling trafficking in that wildlife in contravention of section 61.

38 Disturbance, etc., of wildlife habitation
(1) A person shall not wilfully molest, disturb or destroy a house, nest or den of prescribed wildlife ... in prescribed areas and at prescribed times.

(2) Subsection (1) does not apply to a molestation, disturbance or destruction that is specifically authorized

(a) by or under the Agricultural Pests Act or the Water Act,
(b) by or under a licence authorizing the control of wildlife depredation or the collection of wildlife, or
(c) by regulations under section 96(1)(w) or a written authorization of the Minister.

40 Hunting on occupied land
(1) In this section, "occupied land" means
(a) privately owned land under cultivation or enclosed by a fence of any kind and not exceeding 1 section in area on which the owner or occupant actually resides, and
(b) any other privately owned land which is within 1 mile of the section referred to in clause (a) and which is owned or leased by the same owner or occupant.

(2) No person shall hunt any wildlife or discharge any firearm on or over occupied land or enter on occupied land for the purpose of doing so, without the consent of the owner or occupant of it.

40.1 Hunting in wildlife sanctuary
Notwithstanding any other law, a person shall not hunt in a wildlife sanctuary unless that hunting is specifically authorized by or under the regulations.

Activities Related to Hunting
47 Prohibition of harassment of hunters

(2) A person shall not disturb, or engage in an activity that will tend to disturb, wildlife with the intention of preventing or impeding its being lawfully hunted.

50 Bird dogs
A person shall not, in a prescribed area, train or hold field trials for dogs for the purpose of hunting wildlife ... without a permit authorizing him to do so.

PART 5: POSSESSION OF AND COMMERCE IN ANIMALS

54 Possession of wildlife and controlled animals
(1) Subject to this Act, a person shall not be in possession of a wildlife or controlled animal.

(2) Subject to this Act, a person may have a wildlife or controlled animal in his possession:
(a) if and to the extent that he is authorized by a permit to do so,
(c) in the case of dead wildlife, if
(i) the Minister has transferred it to him under section 12,
(ii) the wildlife has been hunted in accordance with this Act and the requirements of section 11(1)(b), (c) and (d) have been or are being met in relation to it…

(3) Except as prescribed, a person shall not be in possession of an animal that is not a subject animal (define: subject animal) and that was imported into Alberta unless it was lawfully acquired in and lawfully exported from a jurisdiction outside Alberta.

55 Possession of poisoned wildlife
(1) A person shall not be in possession of wildlife that has been subjected to a poisonous substance described in section 34(4) or an immobilizing drug.

(2) Subsection (1) does not apply to wildlife that was subjected to a poisonous substance or an immobilizing drug administered

(a) under a licence authorizing the control of wildlife depredation or the collection of wildlife,
(b) under circumstances where section 34(6)(b) applies…

57 Transportation of wildlife
(1) A person shall not transport wildlife in a vehicle, aircraft or boat unless he is carrying the prescribed documents.

58 Importation of live wildlife and controlled animals
A person shall not import a live wildlife or controlled animal into Alberta unless he is so authorized by a permit specifically authorizing the importation.

59 Exportation of wildlife
(1) A person shall not export wildlife from Alberta unless he is so authorized by a permit specifically authorizing the exportation.

59.1 Escape and recapture of animals from certain premises
(2) Where a wildlife or controlled animal escapes from captivity on permit premises ... the owner or person in charge of the permit premises ... shall

(a) make reasonable efforts to recapture the animal, and
(b) ensure that the escape is reported to a conservation officer referred to in subsection (1) within the prescribed period or, if no such period is prescribed, within 48 hours after the escape, unless it is recaptured within that period.

60 Release from captivity
... a person shall not release a live wildlife or controlled animal from captivity unless he has the written authorization of the Minister to do so.

61 Trafficking in wildlife

(1) A person shall not traffic in wildlife.
(1.1) A person shall not be in possession of wildlife for the purpose of trafficking in wildlife.

(2) Subsections (1) and (1.1) do not
(a) apply if and to the extent that the trafficking or the possession is specifically authorized by a permit…
(c) prevent a person from acquiring wildlife from the Minister under section 12.

(3) Each single act of selling, buying, bartering, soliciting or trading in wildlife or of offering to do so constitutes a separate act of trafficking in wildlife.

62 Taxidermy and tanning
A person shall not for gain or reward engage in taxidermy or in the tanning of wildlife unless he holds a permit specifically authorizing him to do so.

63 Records of wildlife
(1) A person in possession of wildlife shall, in the prescribed form and manner, maintain records containing the prescribed information concerning that wildlife. Use this as a general model for all of the records pertaining to permits (i.e. zoo, taxidermists, etc.)

PART 6 ENFORCEMENT

78 Diseased animals
(1) The Minister may, if he believes on reasonable and probable grounds that any animal is diseased or materially infested by parasites and might present a danger to the life or health of any wildlife animal or endangered organism, or that any animal poses an ecological threat or genetic danger to wildlife or an endangered organism and that it is in the public interest to do so

(a) order that the suspect animal be quarantined for the period of time and in the manner that the Minister directs,
or
(b) direct a conservation officer to seize the suspect animal and kill or otherwise dispose of it in the manner directed by the Minister.

(5) A person to whom an order under subsection (1)(a) is directed shall comply with the order.

80 Damage or threat caused by private animals
(1) In this section, "privately owned animal" means any animal that is not owned by the Crown.

(2) If a conservation officer or wildlife guardian believes that a privately owned animal is harassing wildlife, he may order the owner or the person in charge of that animal to confine it in the manner directed by the officer or guardian and that person shall comply with the order, but this subsection does not apply to the extent that that animal is a dog and the wildlife is

(b) other wildlife being hunted if the hunter is lawfully entitled to hunt that wildlife and the use of a dog for that hunting is not prohibited by law.

(3) Where a privately owned animal
(a) harasses or poses a threat to the life or health of wildlife, other than where that animal is a dog being used under the circumstances described in subsection (2)(a) or (b), or

(b) is damaging or is likely to damage wildlife habitat, an officer or guardian may, if it is in the public interest to do so and he believes that doing so will protect the wildlife or the habitat, capture or destroy or attempt to capture or destroy the privately owned animal.

PART 8: OFFENCES AND PENALTIES

86 Offences against the Act and regulations
A person who contravenes any provision of this Act is guilty of an offence.

SCHEDULE:
ITEMS PROHIBITED FOR HUNTING PURPOSES

Item 1: Items prohibited for hunting all wildlife

1. An arrow equipped with an explosive head.
2. A swivel set or spring gun.
3. A firearm that is capable of firing more than 1 bullet during 1 pressure of the trigger or a
firearm that can be altered to operate as such.
4. A poisonous substance described in section 34(4) or an immobilizing drug.
5. A light.
6. A cross-bow.
7. A shotgun of a gauge greater than 10 gauge.
8. A device designed to deaden the sound of the report of a firearm.
9. Recorded wildlife calls or sounds or an electrically operated calling device.
10. A pistol or revolver.
11. Live wildlife.

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Wildlife Regulations

A full copy of the Regulations may be found at: www.gov.ab.ca/qp/ascii/acts/W09P1.txt
A full list of the Regulations of Alberta: 
www.gov.ab.ca/qp/regs.html

The following text is excerpts which pertain to reptiles and amphibians from the:

REGULATION 143/97
Wildlife Act
WILDLIFE REGULATION
(Consolidated up to 46/2000)

TABLE OF CONTENTS of sections included in this summary::

Interpretation and Application

3 Interpretation
4 Interpretation for purposes of the Act
5 Exemptions and exclusions from Act and Regulation
6 Prevalence of Schedule 1
7 Application to endangered animals

Part 2 Relationship of the Crown to Wildlife
Eligibility and Entitlements - Permits
28 Open seasons - entitlements
46 Collection license - eligibility
47 Collection license - entitlements
66 Permit to possess found dead wildlife - eligibility and transfer
67 Permit to possess found dead wildlife - entitlements
68 Import permit - eligibility
69 Import permit - entitlements
70 Export permit - eligibility
71 Export permit - entitlements
72 Taxidermy, tannery and fur dealer permits - eligibility
73 Taxidermy or tannery permit - entitlements
76 Zoo permit - eligibility
77 Wildlife rehabilitation permit - eligibility
78 Zoo and wildlife rehabilitation permit plans
79 Zoo permit - entitlements
80 Wildlife rehabilitation permit - entitlements
81 Research permit - eligibility
82 Research permit - entitlements and approval of plan
83 Wildlife acquisition permit - eligibility
84 Wildlife acquisition permit - entitlements
89 Sale of wildlife permit - eligibility
90 Sale of wildlife permit - entitlements
91Temporary shelter permit - eligibility
92 Temporary shelter permit - entitlements

Part 4 Hunting and Related Activities -
General Rules for Hunting
94 Open seasons
96 Disturbance, etc., of wildlife habitation

99 Hunting in sanctuary
101 Hunting in wildlife control area
102 Hunting in habitat conservation area

Hunting of Particular Kinds of Animals
110 Examination of traps

Activities Related to Hunting
128 Restriction on entering wildlife control area
130 Requirement to report and deliver wildlife
131 Marking of wildlife
132 Report by collection license holder
133 Report by damage control license holder

Part 5: Possession of and Commerce in Animals
134 Permit to possess found dead wildlife
135 Possession of non-license animals
136 Possession of wildlife not legalized
137 Possession of dead lawfully imported, etc.,animals
138 Transportation of wildlife
140 Traffic in live controlled animals
141 Registration for sale

Part 6: Records and Non-Hunting Reports
142 Form of reporting generally
147 Recording by holders of taxidermy, tannery permits, etc.
149 Zoo permit records, and reporting
151 Wildlife rehabilitation permit holder's records, and reporting

Part 7 Miscellaneous
151.1 Transitional Provision
153 Expiry
154 Coming into force

Schedules
Interpretation of Schedules
Schedule 1 - Exemptions and Exclusions
Schedule 4 - Wildlife
Schedule 5 - Controlled Animals
Schedule 6 - Endangered Species

INTERPRETATION AND APPLICATION
3 Interpretation
In this Regulation,

(a) "Act" means the Wildlife Act; (very important - not these regulations, but the Act itself. Links have been provided where applicable. Where it says, for example, section 15 of "the Act" it is referring to the Act, and "of these Regulations" refers to a section in these regulations.

(c) "appointed officer" means a conservation officer appointed under section 6.1(1) of Schedule 5 to the Government Organization Act;

(d) "business corporation" means a body incorporated, registered or continued under the Business Corporations Act;

(k) "corridor wildlife sanctuary" means a sanctuary listed in Part 5 of Schedule 11; (see full Regulations at the address listed at the TOP of the page)

(l) "Department" means the Department of Environmental Protection;

(m) "endangered animal" means an animal of a kind referred to in section 4(i);

(n) "exemption", except where otherwise specified, means an exemption created by Schedule 1 and, where preceded by a reference to a specific provision number, means the provision so referred to, of Schedule 1; (See full act at address above).

(o) "habitat conservation area" means an area described in Part 1 of Schedule 12; (for schedule 12 see the full act at address above).

(p) "Metis settlement" means a settlement area within the meaning of the Metis Settlements Act;

(q) "non-resident" means an individual who
(i) is not a resident,
(ii) makes his home and is ordinarily present in Canada, and
(iii) has lived in Canada for the 12-month period immediately preceding the relevant date…

(ff) "non-resident alien" means an individual who is neither a resident nor a non-resident…

(gg) "record", used as a verb, means make a record of, in a form that is susceptible to inspection by an enforcement authority;

(hh) "Regional Director" means the individual appointed under the Public Service Act as the director of the administrative region of the Natural Resources Service of the Department that is applicable in the circumstances of the matter in question;

(qq) "sanctuary" means an area described in any Part of Schedule 11; (for schedule 11 see the full Regulations at the address at the TOP)

(rr) "society" means a body incorporated under the Societies Act;

(zz) "wildlife control area" means an area described in Part 3 of Schedule 12; (For schedule 12 see the full Regulations at the address at the TOP)

(zz) (bbb) "wildlife sanctuary" means a sanctuary described in Part 1 of Schedule 11; (For Schedule 11 see the full Regulations at the address at the TOP)

4 Interpretation for purposes of the Act
(1) For the purposes of section 1(1) of the Act,
(f) the animals listed in Part 5 of Schedule 4 are prescribed as non-game animals,
(g) the animals listed in Part 6 of Schedule 4 are prescribed as non-license animals,
(h) the animals described in Schedule 5 are prescribed as controlled animals,
(i) the animals listed in Part 1 of Schedule 6 are prescribed as endangered animals,
(m) the animals listed in Schedule 7 are prescribed as subject animals. (none yet prescribed)

5 Exemptions and exclusions from Act and Regulation
Schedule 1 contains exemptions and exclusions from the application of specified portions of the Act and, where applicable, of this Regulation.

6 Prevalence of Schedule 1
If any inconsistency exists in this Regulation between a provision of Schedule 1 and a provision of any other part of this Regulation, the Schedule 1 provision prevails.

7 Application to endangered animals
The Act and this Regulation, except where specific reference is made to endangered animals, apply to endangered animals in exactly the same way that they apply with respect to non-game animals…. (Which means they may not be hunted or possessed except where authorized).

PART 2: RELATIONSHIP OF THE CROWN TO WILDLIFE
Eligibility and Entitlements - Licenses

28 Open seasons - entitlements
(1) Except where otherwise specified in this Regulation or in a license referred to in subsection (2), a license authorizes hunting in and only in the relevant open season.

(2) Notwithstanding anything in this Part, no license authorizes hunting outside or notwithstanding the lack of an open season except

(c) a collection license, that expressly so provides.

46 Collection license - eligibility
A person is eligible to obtain or hold a collection license if and only if
(a) subject to clause (c), he holds
(iii) a zoo permit,
(iv) a research permit,

(b) he either satisfies the Minister that he has the ability to capture efficiently and humanely wildlife of the kind specified in the license or agrees to engage the services of a person who has that ability and who is named in the license and specifically authorized by the license so to capture that wildlife,

(c) where the wildlife referred to in clause (b) is an endangered animal, he holds a zoo or a research permit…

47 Collection license - entitlements
(1) A collection license authorizes its holder to hunt wildlife in the number, kind and manner, and during the periods, specified in the license.

(2) The periods referred to in subsection (1) may be outside or notwithstanding the lack of an open season.

(3) A collection license is the license referred to in the Act as the license authorizing the collection of wildlife.

66 Permit to possess found dead wildlife - eligibility and transfer
(1) Any resident who finds dead wildlife that has not been shot, trapped or poisoned and that is not an endangered animal and who delivers it to an appointed officer is eligible to obtain or hold a permit to possess found dead wildlife in respect of that wildlife.

(2) A permit to possess found dead wildlife may be transferred if
(a) the transfer is approved by the Minister, and
(b) there is no consideration for the transfer.

67 Permit to possess found dead wildlife - entitlements
(1) A permit to possess found dead wildlife authorizes its holder to possess the dead wildlife referred to in section 66(1) that is specified in the permit, and the transferee of such a permit is authorized to possess the wildlife specified in the permit transferred notwithstanding that the transferee did not find it.

68 Import permit - eligibility
(1) … the Minister may issue an import permit, with respect to a live wildlife or controlled animal that is to be imported into Alberta and that is of the kind specified in the permit, to

(a) a resident who is legally authorized to possess the animal live in Alberta on its importation, or
(b) a non-resident or a non-resident alien who is authorized by the laws of the jurisdiction from which the animal is to be exported to possess the animal and to export it from that jurisdiction.

69 Import permit - entitlements
(1) Subject to subsection (2), an import permit authorizes its holder to import into Alberta live wildlife or controlled animals of the kind and in the number specified in the permit.

(2) An import permit issued to a non-resident or a non-resident alien authorizes its holder

(b) as it applies to other wildlife and to controlled animals, as well as importing them under subsection (1), to possess the animals for the period specified in the permit and then to export them.

(3) Instead of exporting the animals referred to in subsection (2) …(b), the import permit also authorizes its holder to traffic in them with persons authorized by or under the Act to possess them.

70 Export permit - eligibility
(1) Subject to this section, the Minister may issue an export permit to a person who lawfully possesses wildlife of the kind specified in the permit and who wishes to export it from Alberta.

Export permit - entitlements
71
(1) … an export permit authorizes its holder to export wildlife of the kind specified in the permit.

72 Taxidermy … permits - eligibility
(1) A person is eligible to obtain or hold a taxidermy permit… if the person is an adult resident, a business corporation or a society.

73 Taxidermy or tannery permit - entitlements
A taxidermy permit or a tannery permit authorizes its holder
(a) to process wildlife lawfully acquired by others for gain or reward on the permit premises, other than in the living quarters of a private dwelling…

76 Zoo permit - eligibility
The Minister may issue a zoo permit to an adult resident, a business corporation or a society that proposes to operate a zoo in accordance with a zoo plan approved in accordance with section 78.

77 Wildlife rehabilitation: permit - eligibility
The Minister may issue a wildlife rehabilitation permit to an adult resident, a business corporation or a society that
(a) proposes to operate a wildlife rehabilitation facility in accordance with a wildlife rehabilitation facility plan approved in accordance with section 78, and
(b) at the time of applying for the permit or renewal of the permit, meets those standards concerning facilities and husbandry that are prepared by the Alberta Wildlife Rehabilitators Association, adopted by the Minister and available for inspection by the public in the Department's Fisheries and Wildlife Management Division in Edmonton.

78 Zoo and wildlife rehabilitation permit plans
(1) A person applying for a zoo or a wildlife rehabilitation permit, whether initially or on a renewal, must apply to the Regional Director for approval of a written plan authorizing the activities referred to in section 79 or 80 respectively.

(2) A plan for a wildlife rehabilitation facility must
(a) name a veterinarian whose services will be available to care for the animals held in the facility, and
(b) to the extent, if any, required by the Regional Director, include requirements as to the records or reports, or both, referred to in section 151.

(3) The Regional Director may approve the plan submitted under subsection (1) in writing.

(4) A plan approved under subsection (3) may be amended with the approval of the Regional Director.

79 Zoo permit - entitlements
A zoo permit authorizes its holder:
(a) to operate, on land specified in the permit being
(i) land in a Metis settlement, or
(ii) other land that is not public land as defined in the Public Lands Act,

a zoo that, in the case of wildlife and controlled animals held there, is maintained primarily for the purpose of providing public viewing,

(b) to traffic in such animals with persons authorized by or under the Act to possess them, and
(c) to possess live wildlife and controlled animals for the purposes referred to in clauses (a) & (b),

in accordance with the plan approved in relation to such a permit pursuant to section 78.

80 Wildlife rehabilitation permit - entitlements
A wildlife rehabilitation permit authorizes its holder

(a) to operate, on land specified in the permit being
(i) land in a Metis settlement, or
(ii) other land that is not public land as defined in the Public Lands Act,

a wildlife rehabilitation facility primarily for the purpose of rehabilitating injured, diseased or orphaned wildlife or any other wildlife that is not fully capable of surviving in the wild, and

(b) to possess live wildlife for that purpose,

in accordance with the plan approved in relation to such a permit pursuant to section 78.

81 Research permit - eligibility
The Minister may issue a research permit to an adult, a business corporation or a society that is involved in research or education and that submits a plan for the research or educational programs that is approved in accordance with section 82.

82 Research permit - entitlements and approval of plan
(1) A research permit authorizes its holder to possess live wildlife and controlled animals in accordance with a plan approved pursuant to this section.

(2) A person applying for a research permit, whether initially or on a renewal, must apply to the Minister for approval of a written plan authorizing the conduct of research or educational programs at the location specified in the plan.

(3) The Minister may approve the plan submitted under subsection (2) in writing.
(4) A plan approved under subsection (3) may be amended with the approval of the Minister.

83 Wildlife acquisition permit - eligibility
The Minister may issue a wildlife acquisition permit to an adult non-resident or non-resident alien
(a) if the applicant satisfies the Regional Director that he has a use outside Alberta for the live wildlife described in the permit, and
(b) the Regional Director has approved that use.

84 Wildlife acquisition permit - entitlements
(1) A wildlife acquisition permit authorizes its holder
(a) to purchase for export from Alberta the live wildlife described in the permit, and
(b) to possess it for that purpose.

(2) Wildlife referred to in subsection (1) may not be wildlife that is the property of the Crown.

89 Sale of wildlife permit - eligibility
Only the holder of a zoo permit or a research permit is eligible to obtain or hold a sale of wildlife permit.

90 Sale of wildlife permit - entitlements
(1) A sale of wildlife permit authorizes its holder
(a) if that holder holds a zoo permit, to traffic in parts of dead wildlife possessed under the authority of that zoo permit, and

(b) if that holder holds a research permit, to traffic in wildlife possessed under the authority of that research permit,

with a person or class of persons specified in the sale of wildlife permit.

(2) The Minister may establish or continue, for the purposes of administering the sale of wildlife permit, a system for the registration for sale and tagging of wildlife parts to be sold.

91 Temporary shelter permit - eligibility
Only an adult resident, a business corporation or a society is eligible to obtain or hold a temporary shelter permit.

92 Temporary shelter permit - entitlements
A temporary shelter permit authorizes its holder to possess the wildlife or controlled animal specified in the permit for the period of time so specified.

PART 4:
HUNTING AND RELATED ACTIVITIES:
General Rules for Hunting

94 Open seasons
Schedule 15 establishes the open seasons.

96 Disturbance etc., of wildlife habitation
Section 38(1) of the Act applies

(a) to the nests and dens, so far as applicable, of
(i) wildlife animals that are endangered animals, throughout Alberta and throughout the year,
(iii) snakes… throughout Alberta and from September 1 in one year to April 30 in the next,
(c) to the houses, nests and dens of all wildlife, in a wildlife sanctuary throughout the year…

99 Hunting in sanctuary
(1) Subject to any specific provisions of this Regulation, an individual may hunt in any sanctuary that is not a wildlife sanctuary, a corridor wildlife sanctuary or a game bird sanctuary.

(2) An individual may hunt wildlife in a wildlife sanctuary, a corridor wildlife sanctuary or a game bird sanctuary to the extent that the hunting in that sanctuary is expressly authorized by a license held by him.

101 Hunting in wildlife control area
A person shall not hunt in a wildlife control area… (unless authorized)

102 Hunting in habitat conservation area
A person shall not hunt in a habitat conservation area unless
(a) hunting in that area is expressly stated by a sign erected by the Minister to be authorized, or
(b) that person is expressly authorized by a letter signed by the Minister to hunt there.

110 Examination of traps
A person who has set a trap that is not a killing device shall examine the trap at least once
(a) every 24 hours if set under the purported authority of a resident fur management license, or
(b) every 48 hours, in any other case.

ACTIVITIES RELATED TO HUNTING

128 Restriction on entering wildlife control area
(1) A person shall not enter a wildlife control area unless
(a) expressly authorized in writing to do so by an appointed officer, or
(b) hunting in accordance with the section 4(3) exemption.

(2) Authorization under subsection (1)(a) may relate only to a portion of a wildlife control area, in which case the prohibition under subsection (1) relates to the portion of it entry into which has not been authorized.

PART 5: POSSESSION OF AND COMMERCE IN ANIMALS

134 Permit to possess found dead wildlife
A person who finds dead wildlife may, before obtaining a permit, take the wildlife into possession and retain it, but his right to possess the wildlife under this section ends as soon as it becomes reasonably possible for him to apply for a permit to possess found dead wildlife.

135 Possession of non-license animals
A person may possess any live non-license animal …(If legally obtained)

137 Possession of dead lawfully imported, etc., animals
(1) A person may possess wildlife and controlled animals that are dead and that were lawfully acquired in, and lawfully exported from, a jurisdiction outside Alberta.

(2) A person may possess dead controlled animals that were lawfully possessed while living, or that were lawfully killed, in Alberta.

138 Transportation of wildlife
The documents prescribed for the purposes of section 57(1) of the Act are all of the following so far as they are applicable in the circumstances:

(a) in the case of a person transporting dead wildlife who is the person who killed the wildlife, the document that authorizes possession of the wildlife;

(b) in the case of a person transporting dead wildlife who is not the person who killed the wildlife, a bill of lading signed by the person who did kill it or by the person who consigned or otherwise has lawful possession of the wildlife, setting out

(i) the type and control number of the license or permit under which the wildlife is possessed…

(ii) a description of the wildlife,

(iii) the points of origin and destination of the wildlife, and

(iv) the dates on which the wildlife is to be transported;

(c) in the case of wildlife that is the subject of an export permit issued by a jurisdiction outside Alberta, that export permit;

(d) if the wildlife is

(ii) any other live wildlife animal, except such a falconry bird and except an animal that is not a lynx and that is so possessed under that Act,

a completed wildlife manifest in the form set out in Form WA 285 of Schedule 16.

140 Traffic in live controlled animals
A person who possesses a live controlled animal shall not traffic in that animal with a person who is not legally authorized to possess it.

141 Registration for sale
(3) A person applies to register wildlife for sale by applying to an appointed officer in the form required by the Minister and personally delivering the wildlife to the officer.

(4) …a person lawfully acting on behalf of the estate of a deceased person may register for sale any wildlife, except edible meat, forming part of that estate if that person satisfies an appointed officer with reasonable certainty that the wildlife was lawfully possessed by the deceased.

(5) An appointed officer may permanently mark the wildlife delivered under this section in a manner approved by the Minister.

PART 6: RECORDS AND NON-HUNTING REPORTS

142 Form of reporting generally
Where any provision of this Regulation requires the submission to the Government of a report or a record, then, unless the report or record is to be in a prescribed form or unless otherwise stated, the report or record must be made in the written form, if any, required by the Minister.

NOTE: Written reporting forms are required from those holding taxidermists, tanner and zoo permits. For more details see the PART 6 of these regulations in it's entirity at the address listed at the TOP of this page.

153 Expiry
For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be re-passed in its present or an amended form following a review, this Regulation expires on June 30, 2002.

SCHEDULES

Interpretation of Schedules:
4. The footnotes, headnotes and other notations in the Schedules form part of the Schedules and are to be given full force.

5. Where any provision of a Schedule refers to an enactment by reference to the enactment number followed by the words "of this Regulation", the reference is to be taken as being to the relevant provision of this Regulation occurring before the Schedules.

SCHEDULE 1
(Section 5 of this Regulation)
EXEMPTIONS AND EXCLUSIONS

1 General exemption and exclusion provision
This Schedule sets out exemptions and exclusions, in respect of specified persons, activities and organisms, from the application of specified portions of the Act and, if applicable, of this Regulation, with any applicable conditions.

4 Exemptions - hunting without license - section 26(1)
(1) The following persons are exempt from the application of section 26(1) of the Act:
(c) an individual who is hunting non-license animals possession of which is allowed by section 135 of this Regulation with a trap that is designed to capture the animal without harming it;

5 Guiding - section 26(3)
A person who is guiding another person for gain or reward is exempt from the application of section 26(3) of the Act while that other person is hunting wildlife other than big game, wolf or coyote.

10 Collection license - sections 40.1… and 55(1)
The holder of a collection license is exempt from the application of sections 40.1 …and 55(1) of the Act.

16 Transportation of wildlife - section 57(1)
(1) A person who transports
(b) a non-license animal that has been lawfully killed or that is possessed live in accordance with section 135 of this Regulation, is exempt from the application of section 57(1) of the Act.

Exportation - section 59(1)
(3) Wildlife brought into Alberta as the result of the equivalent of an export permit issued outside Alberta is exempt from the application of section 59(1) of the Act if

(a) the destination of the wildlife, as indicated on that document, is a location outside Alberta, and
(b) the person transporting the wildlife from Alberta carries that document on his person at all times during that transportation.

22 Non-license animals - subsections 59(1), 61(1) and 61(1.1)
Non-license animals (see Schedule 4, Part 6 of the Regulations) that are lawfully killed or that are possessed live in accordance with section 135 of this Regulation, other than :

(a) plains garter snake,
(b) wandering garter snake,
(c) red-sided garter snake, and
(d) bull snake,

are exempt from the application of sections 59(1) and 61(1) and (1.1) of the Act.

22.1 Release of live wildlife - section 60
The holder of a wildlife rehabilitation permit is exempt from the application of section 60 of the Act if the holder releases a live wildlife animal from captivity that, prior to the release, was lawfully possessed under the authority of that permit, if

(a) the wildlife is not an endangered animal, and
(b) its release has been sanctioned by a veterinarian referred to in section 78(2)(a) of this Regulation.

23 Traffic with persons outside Alberta - section 61(1) and 61(1.1) (in regards to traffic in wildlife)
Where a person in Alberta is legally entitled to sell or otherwise dispose of a live wildlife animal there and wishes to sell or otherwise dispose of that animal to another person in another jurisdiction who is entitled to buy or otherwise acquire from the first-mentioned person and to possess the animal under the laws of that other jurisdiction, that sale or disposal of the animal is exempt from the application of section 61(1) and (1.1) of the Act.

SCHEDULE 4: (Section 4(a) to (g) of this Regulation)

PART 5: NON-GAME ANIMALS
Ambystoma macrodactylum (Long-toed Salamander)
Bufo cognatus (Great Plains Toad)
Scaphiopus bombifrons (Plains Spadefoot Toad)
Bufo hemiophrys (Canadian Toad)
Rana pretiosa [(Western) Spotted Frog]
Chrysemys picta (Western Painted Turtle)
Phrynosoma douglassi (Short-horned Lizard)
Heterodon nasicus (Western Hognose Snake)
Crotalus viridis (Prairie Rattlesnake)

Any hybrid offspring resulting from the crossing of 2 non-game animals

PART 6: NON-LICENCE ANIMALS
Ambystoma tigrinum (Tiger Salamander)
Bufo boreas [Boreal (Western) Toad]
Pseudacris triseriata (Chorus Frog)
Rana sylvatica (Wood Frog)
Pituophis melanoleucus [Bull (Gopher) Snake]
Thamnophis sirtalis (Red-sided Garter Snake)
Thamnophis radix (Plains Garter Snake)
Thamnophis elegans (Wandering Garter Snake)

SCHEDULE 5
(Section 4(h) of this Regulation)
CONTROLLED ANIMALS - NOTES

(1) Animals listed in this Schedule, as a general rule, are described in the left hand column by reference to common or descriptive names and in the right hand column by reference to scientific names. But, in the event of any conflict as to the kind of animals that are listed, a scientific name in the right hand column prevails over the corresponding common or descriptive name in the left hand column.

(2) Also included in this Schedule is any animal that is the hybrid offspring resulting from the crossing, whether before or after the commencement of this Schedule, of 2 animals at least one of which is or was an animal of a kind that is a controlled animal by virtue of this Schedule.

(3) This Schedule excludes all wildlife animals, and therefore if a wildlife animal would, but for this Note, be included in this Schedule, it is hereby excluded from being a controlled animal.

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