Wildlife Act
If you have any questions regarding this act please contact:
Gord Graham
Provincial Legislative Specialist for Conservation.
Telephone: (204) 945-7749
E-mail: [email protected]
PLEASE NOTE:
- The legislation is the original text in order to prevent any
possible complications due to a change of wording.
- Only sections pertaining directly or indirectly to reptiles and
amphibians have been included
To view an entire copy of the following Acts, simply click on the
link:
The Manitoba Wildlife Act: www.gov.mb.ca/natres/wildlife/legislation/wildlife_act.html
The Manitoba Conservation Agreement Act: www.gov.mb.ca/chc/statpub/free/pdf/conserva.pdf
The Manitoba Endangered Species Act: www.gov.mb.ca/natres/wildlife/legislation/endangered_act.html
NOTE: Currently there are not Provincially Endangered wildlife
in the province of Manitoba. For this reason it has not been
summarized and included on the CARCNET site. However, if any reptiles
or amphibians should be designated as endangered, threatened or
vulnerable in Manitoba the Endangered
Species Act would take precedence over the Wildlife Act.
The Endangered Species Act was designed to protect habitat as well
as the species itself. The Wildlife Act was designed primarily for the
protection and management of game and trapped species. Since Manitoba
does not have any amphibians or reptiles on the endangered list the
Wildlife Act has little influence. If and when a species is listed
then the Endangered Species Act will be enforced over the Wildlife
Act.
The following text is excerpts which pertain to reptiles and amphibians
from the:
CHAPTER 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;
"Crown" means Her Majesty the Queen, in right of the
province;
"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 toy;
"habitat" means the soil, water, food and cover components
of the natural environment that are necessary to sustain wildlife;
"hunting" means chasing, driving, flushing, attracting,
pursuing, worrying, following after or on the trail of, searching for, shooting
at, stalking or lying in wait for wildlife, whether or not the wildlife is then
or subsequently captured, killed, taken or wounded, but does include
(a) trapping or attempting to trap wildlife, or
(b) stalking, attracting, searching for or lying in wait for wildlife by an
unarmed person solely for the purpose of watching or taking pictures of a
wildlife;
"licence" means a licence issued under this Act;
"loaded firearm" means a firearm that has a propellant
powder, projectile or cartridge that
(a) is capable of being discharged from the firearm, and
(b) is contained in the breech or firing chamber or in the cartridge magazine
attached to or inserted into the firearm;
"minister" means the member of the Executive Council charge
by the Lieutenant Governor in Council with the administration of the Act;
"officer" means
(a) a person appointed as an officer under subsection 68(2),
(b) a peace officer appointed under an Act of the Legislature or the Parliament
of Canada, or
(c) an officer appointed under the Customs Act (Canada).
"permit" means a permit issued under this Act;
"poison device" means a device designed to propel a poison
by mechanical or explosive means;
"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;
"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;
"regulations" means regulations made under this Act by the
Lieutenant Governor in Council or the minister;
"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;
"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;
"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;
"wild animal" means an animal � of a species or type
listed in Schedule A or declared by the regulations to be a wild animal.
"wildlife" means a vertebrate animal of any species or type
that is wild by nature in the province, but does not include fish;
"wildlife area" means an area where wildlife of any species
or type is kept, raised, bred or propagated in captivity, for any purpose.
PART II
OFFENCES
Application of Part
9 This act applies on all land within the province �
DIVISION I
DANGEROUS HUNTING OFFENCES
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 wildlife 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 the regulation prescribe.
DIVISION 2
HUNTING AND TRAPPING OFFENCES
Licence requirement
15(1) Except as may be otherwise permitted by this Act or a regulation under
this Act, no person shall hunt, trap, take, kill or capture or attempt to trap,
take, kill or capture a wildlife unless the person does so under the authority
of a licence.
Exception
15(2) Subsection (1) does not apply to a person taking a wild animal
listed in Division 5 of Schedule A for his own use.
Hunting or trapping in a damaging manner
16 No person shall hunt or trap a 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, trap, take or kill a wildlife or attempt to trap,
take or kill a wild animal in an area of the province where the hunting,
trapping, taking or killing of that species or type
of wildlife is prohibited or is not permitted, as the case may be, by a
regulation made under
this Act.
Hunting or trapping for remuneration
18 Subject to the provisions of this Act and the regulations and the terms
or conditions of any licence or permit issued, no person shall
(a) for hire, gain, remuneration or reward or the hope or expectation
thereof, hunt, trap, kill, take or capture a wildlife, other than � an animal
listed in Division � 5 of Schedule A taken under the authority of a licence to
hunt, trap, 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, trap, kill, take
or capture a wildlife 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, trap, take, kill or capture a wildlife of a species or type
listed in Division 6 of Schedule A, or have in his
possession such a wildlife or any part thereof.
Hunting from vehicles
22 Except as may be otherwise permitted by this Act or the regulations, no
person, whether for himself or to assists another, shall chase, drive, flush,
pursue, worry, harass, follow after or on the trail of, or search for, any
wildlife from a vehicle.
Use of poison
24(1) No person shall use poison
(a) to trap, take or kill or attempt to trap, take or kill a wild animal; or
(b) in a manner that is likely to result in the killing or taking of a wild
animal.
Possession of poison
24(2) No person shall possess poison or poison device for the purpose of
hunting, trapping, taking or killing a wild animal.
Exception
24(3) Subsections (1) and (2) do not apply to a person who uses or possesses
poison or a poison device under the authority of a permit issued by the
minister.
Sunday hunting
25 Except as may be otherwise permitted by this Act or the regulation, no
person shall hunt or kill or attempt to kill a wild animal on Sunday.
Buying, selling or serving meat of a 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.
Trade in wildlife
30.1 Subject to this Act and the regulations, no person shall sell, buy,
trade or barter, or keep for the purpose of sale, trade or barter, any wild
animal or parts of a wild animal except under the authority of a licence or
permit.
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 wild animal killed or
taken in contravention of this Act or the regulations.
Hunting and trapping on private land or leased Crown land
33 No person shall hunt or trap a wild animal
(a) on private land, without the permission of the owner or lawful occupant of
the land�; or
(b) on land leased from the Crown that, under the regulations, is posted as a
portion of land where hunting or trapping is likely to be injurious to the
lawful occupants of the land or to their livestock.
DIVISION 4
GENERAL OFFENCES
Possession of live wildlife
45 Except as may be otherwise permitted by this Act or the regulations, no
person shall capture alive or have possession of any live wildlife.
Killing wildlife in defense 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 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 defense 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 wild
animal 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 � carcass, skin or any other part
thereof unless he first obtains a permit therefore 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;
Importing or exporting prohibited
48(2) Subject to subsection (3) and 94) 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, 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 authorized 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�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 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 the 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.
Property in a 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 this Act and the regulations.
SCHEDULE A
WILDLIFE (REPTILES AND AMPHIBIANS)
Division 5 - Amphibians and Reptiles
Northern Leopard Frog (Rana pipiens)
(includes tadpoles)
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
Western Hognose Snake (Heterodon nasicus)
Northern Prairie Skink (Eumeces septentrionalis)
Plains Spadefoot Toad (Scaphiophus bombifrons)
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Wildlife
Regulations
PLEASE NOTE:
- The legislation is the original text in order to prevent any possible
complications due to a change of wording.
- Only sections pertaining directly or indirectly to reptiles and amphibians
have been included
The following text is excerpts which pertain to reptiles and amphibians from
the:
Amphibians and Reptiles Regulation
THE WILDLIFE ACT
(C.C.S.M. c. W130)
Regulation 215/89*
Registered August 31, 1989
Prohibition against hunting
1 Except under the authority of an amphibian and reptile picker�s licence
and in accordance with this regulation, no person shall hunt, take or sell an
amphibian or reptile.
Tiger salamanders
2 A resident holder of an amphibian and reptile picker�s licence may hunt,
take and sell tiger salamanders from August 1 to September 30.
Northern leopard frogs
3(1) Subject to subsection (2), a resident holder of an amphibian and
reptile picker�s licence may hunt, take and sell northern leopard frogs and
northern leopard frog tadpoles
- for any purpose, from August 1 to October 31; and
- for sale as sport fishing bait only, from May 1 to August 1.
3(2) No person shall take more than 50 tons of adult northern leopard
frogs within a calendar year.
Prohibition against sale
4(1) Except under the authority of an amphibian and reptile dealer�s
licence, no person shall engage in the business of buying or selling amphibians
or reptiles.
4(2) Upon purchasing an amphibian or reptile, every holder of an
amphibian and reptile dealer�s licence shall immediately record the name and
licence number of the seller and the area in which the amphibian or reptile was
collected.
Repeal
6 Manitoba Regulation 170/86 is repealed.
(Snake season repealed.)
- All person making use of this consolidation are reminded that it has no
legislative sanction. Amendments have been inserted into the base regulation
for convenience of reference only. The original regulation should be
consulted for purposes of interpreting and applying the law. Only amending
regulations which have come into force are consolidated. This Regulation
consolidates the following amendments: 121/90.
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Legal Protection For Amphibians and Reptiles in Other Provinces:
