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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 Prince Edward Island

This page contains information on PEI's:

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 concerning this Act or would like to report an offence please contact:
Gerald MacDougall
Chief of Enforcement
902-368-4808

The Wildlife Conservation Act is available online at: www.gov.pe.ca/law/statutes/pdf/w-04.1.pdf
List of Acts and Regulations: www.gov.pe.ca/law/statutues/index.php3

Other Acts which may be of interest are:
Forest Management Act: www.gov.pe.ca/law/statutes/pdf/f-14.pdf
Environmental Protection Act: www.gov.pe.ca/law/statutes/pdf/e-09.pdf
Natural Areas Protection Act: www/gov/pe.ca/law/statutes/pdf/n-02.pdf


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

Prince Edward Island
Wildlife Conservation Act
Chapter W-4.1

1. (1) In this Act

(x) "owner" means the actual owner of any parcel of land or thing and includes the lesee or other person having possession or control over those lands or things;

(y) "permit" means a permit granted under this Act;

(cc) "snare" where used as a noun, means any noose or any device commonly used as a noose for the purpose of catching game…animals and where used as a verb, means to snare;

(dd) "trap" means to snare, spring, trap, deadfall, box trap, net or device used to capture wildlife;

(gg) "trapping" means to place and tend one or more traps in locations where wildlife may be trapped.

(hh) "vehicle" means a conveyance of any kind other than a boat and includes a wagon, sleigh, bicycle, motorcycle, automobile, tractor, snowmobile, toboggan, aircraft, and all other motor-driven conveyances;

(ii) "vulnerable species" means a species of special concern due to characteristics that make it particularly sensitive to human activities or natural events that is designated as a vulnerable species in the regulations;

(jj) "wildlife" means all wild life, wild…reptiles, amphibians …

(kk) "wildlife habitat" means breeding, nursery, feeding and migration areas and includes areas that provide food, cover and water on which wildlife depend, directly or indirectly, in order to carry out their life processes.

Possession
(2) For the purpose of this Act
(a) a person is in possession of a thing when it is in that person's personal possession or when that person 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 that person, for the use or benefit of that person or of another person;

(b) when one of two or more persons, with the knowledge and consent of the rest has anything in that person's custody or possession, it is in the possession of each of them.

2. Ownership of wildlife
(1) Subject to subsection (2), the property in all wildlife situate within the province, while in a state of nature, is hereby declared to be vested in Her Majesty in right of the province and no person shall acquire any right or property therein otherwise than in accordance with this Act and the regulations.

Property right of individual
(2) A person who lawfully takes wildlife and complies with all applicable provisions of this Act and the regulations acquires the right of property in that wildlife.

(3) Notwithstanding anything in this Act, no right of action lies and no right of compensation exists against Her Majesty in right of the province for death, personal injury or property damage caused by wildlife, or any wildlife that escapes or is released from captivity or is abandoned within the province.

3. Minister responsibility
(1) The Minister is responsible for the protection, management and conservation of wildlife and wildlife habitat in the province.

PERMITS
10
.(1) The Minister may, on such terms and conditions as the Minister thinks fit, issue a permit authorizing the holder
(a) to trap or kill any wildlife specified in the permit;
(b) to import, export or engage in the interprovincial transportation of any wildlife;
(c) to salvage dead wildlife for educational, ornamental or other purposes;
(d) to collect or possess an endangered, threatened or vulnerable species for scientific, educational or other purposes related to the conservation of that species;

(2) The Minister may refuse to issue a permit to any person or may revoke a permit for any contravention of this Act, the regulations or any other enactment relating to wildlife.
(3) A permit is not transferable and expires on the date specified in the permit.

PROHIBITED ACTIVITIES
19
. (1) Offences
No person shall
(a) except as authorized by a permit under section 10, take, hunt, or kill any game or wildlife designated in the regulations except during such open season and within such bag limits as may be prescribed in the regulations…;
(b) while engaged in hunting be in possession, or under the influence of, an intoxicant;
(c) subject to subsection (2), hunt on Sunday;
(m) sell any wildlife or part, derivative, or developmental stage of wildlife of such description as may be prescribed…
(n) exceed the bag limit or possession limit for a species of wildlife;
(o) do any other act that is prohibited by the regulations.


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