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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 Manitoba

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
If you have any questions regarding this act please contact:
Gord Graham
Provincial Legislative Specialist for Conservation.
Telephone: (204) 945-7749
E-mail: ggraham@gov.mb.ca

PLEASE NOTE:

  1. The legislation is the original text in order to prevent any possible complications due to a change of wording.
  2. 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:

  1. The legislation is the original text in order to prevent any possible complications due to a change of wording.
  2. 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

    1. for any purpose, from August 1 to October 31; and
    2. 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:

 

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