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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 Saskatchewan

This page contains information on the:


PLEASE Note the following throughout this document :

PLEASE NOTE:

  1. A "..." Means that part of the original legislation has been omitted in order to keep the focus on reptiles and amphibians.
  2. Otherwise the legislation is the original text in order to prevent any possible complications due to a change of wording.
  3. Only sections pertaining directly or indirectly to reptiles and amphibians have been included
  4. Where a brief explanation was deemed necessary the comments appear in Bold italics
  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: http://www.qp.gov.sk.ca/

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

WILDLIFE ACT 1999
Chapter W-13.12

An Act respecting the Protection of Wildlife and Wild Species at Risk and making consequential amendments to other Acts 
The Wildlife Act, 1998 
being 
Chapter 13.12 of the Statutes of Saskatchewan, 1998
(effective March 6, 2000, except s.87, effective April 1, 1999)

NOTE: This consolidation is not official. Amendment have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

 

TABLE OF CONTENTS of sections included in this summary
PART I: Short Title and Interpretation
1 Short Title
2 Interpretation
3 Possession

PART IV: Hunting Trapping and Taking

DIVISION I: Property rights in Wildlife
23 Property in wildlife in the crown
24 Property rights in captive wildlife

DIVISION II: Administration
25 Licence required for hunting
wildlife

DIVISION III: Prohibitions and prosecutions
31 Export and import of wildlife
32 Captivity of wildlife
33 Possession of wildlife
34 Possession of wildlife by Indian
35 Hunting of wildlife by Indian
36 Licence cancelled on taking limit
41 Hunting on certain lands
43 Sale of hunting rights
44 Selling and dealing in wildlife

PART V: Protection of Wild Species at Risk
45 Interpretation
46 Rights and privileges subject to this part
47 Crown bound
51 Activity prohibited
52 Licence to protect health and property
53 Powers of wildlife officer

PART I
Short Title and Interpretation

Short title
1
This Act may be cited as the Wildlife Act, 1998.

Interpretation
2
In this Act:

"Crown" means the Crown in right if Saskatchewan;

"department"
means the department over which the minister presides;

"director"
means the Director of Fish and Wildlife appointed pursuant to section 4;

"exotic wildlife" means:

  1. a vertebrate animal of any species, excluding fish, that is:
    1. not native to Saskatchewan; and
    2. usually found wild in nature in its natural habitat; and
  2. any part, tissue, genetic material, eggs, sperm, embryos or other forms of developmental life of a vertebrate animal mentioned in clause a.

"firearm" means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, longbow or crossbow;

"habitat"
includes the soil, air, water, food and shelter components of the environment that are necessary to sustain wildlife and wild species;

"hunting"
includes taking, wounding, killing, chasing, pursuing, worrying, capturing, following after or following on the trail of searching for, shooting at, trapping, setting snares for, stalking or lying in wait for any wildlife, or attempting to do any of those things, whether or not the wildlife is then or subsequently captured, wounded or killed;

"licence" means a licence, certificate, permit, quota or allocation issued pursuant to this Act or the regulations and includes any seal or corresponding document issued with the licence, certificate, permit, quota or allocation;

"minister" means the member of the Executive Council to whom for the time being the administration of this Act is assigned;

"native" means a wild species that was not deliberately or accidentally introduced by humans that:

  1. is a breeding resident of Saskatchewan; or
  2. in some manner or degree, exists naturally in Saskatchewan

"open season" means a period specified in the regulations during which wildlife may be lawfully hunted or taken;

"person"
means an individual, association, partnership or corporation;

"snare" means a device for the taking of any wildlife in which the wildlife is caught in a noose;

"take" includes taking dead or alive;

"tanner" means a person who carries on the business of preparing, preserving, plucking, dressing or dyeing the pelts or skins of wildlife;

"taxidermist" means a person who carries on the business of preparing, preserving, stuffing or mounting the heads, pelts or skins of any wildlife;

"traffic" means to offer for sale, expose for sale, sell, buy, barter, exchange, deal, solicit or trade, or advertise for the purpose of doing any of those things;

"trap" includes a spring trap, snare, deadfall, box or net or any other device used to capture any wildlife;

"vehicle" includes a motorized conveyance, trailer, tractor, snowmobile, aircraft or any other conveyance, other than a boat, that is drawn, propelled or driven by any mechanical means and includes any accessory attached to the vehicle;

"wildlife" means a vertebrate animal of any species, excluding fish, that is wild by nature in Saskatchewan and includes:

  1. any part, tissue, genetic material, eggs, sperm, embryos or other forms of developmental life; and
  2. any exotic wildlife found in Saskatchewan;

"wildlife officer" means any person appointed or authorized by the minister for the purposes of administering and enforcing this Act and the regulations and includes a police officer or peace officer;

"wild species" means any plant, animal or organism that is wild by nature and includes:

  1. pollen, spores, eggs, sperm, embryos or other forms of developmental life; and
  2. any part, tissue or genetic material of a plant, animal or organism;

Possession
3
For the purposes of any provision of this Act creating an offence for possession of a thing:

  1. a person has possession of any thing when it is in that person’s personal possession or custody or when, with that person’s knowledge and consent, it is:
    1. in the actual possession or custody of another person; or
    2. 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;
  1. a person has possession of any thing where that person is the owner or occupier of a place at which any thing is located and that person has knowledge of and consents to the thing being located at that place.

PART IV
Hunting, Trapping and Taking

DIVISION I
Property Rights in Wildlife

Property in wildlife in the Crown
23
1. Subject to section 24, the property in all wildlife within Saskatchewan, including any wildlife that has been lawfully hunted, is vested in the Crown.
2. No person shall acquire any right or property in any wildlife otherwise than in accordance with this Act and the regulations.

Property rights in captive wildlife
24
1. Subject to this Act and the regulations, a person has all property rights, title and interest in and to any wildlife where that person:

    1. is in possession of the wildlife; and
    2. has a licence authorizing possession of the wildlife.
2. Where a person mentioned in subsection 1. contravene any of the provisions of this Act or the regulations respecting the wildlife under his or her control, all property rights, title and interest in and to the wildlife may forfeited to the Crown by sale, donation or destruction or by setting it free.

DIVISION II
License Required for Hunting

License required for hunting wildlife
25
(1) Subject to subsection (2), no person shall hunt any wildlife within Saskatchewan:

    1. other than at the times, in the place and in the manner prescribed by this Part and the regulations; and
    2. without a licence where a licence is required by this Part or the regulations.

DIVISION III
Prohibitions and Prosecutions

Export and import of wildlife
31
1. Subject to the regulations, no person shall, without having first obtained an export or import licence issued pursuant to this Act or the regulations:

    1. export or cause to be exported from Saskatchewan any wildlife; or
    2. import, release or introduce into Saskatchewan any wildlife.
2. No person shall ship or transport out the province any wildlife without first paying the royalties prescribed in the regulations

Captivity of wildlife
32
No person shall take into or keep in captivity or wilfully destroy or disturb any wildlife protected pursuant to this Part or the regulations without the written permission of the director without a licence to do so

Possession of wildlife
33
1. No person shall possess any wildlife taken in contravention of this Part or the regulations.
2. No person shall possess any wildlife without a licence where, pursuant to this Part or the regulations, a licence is required to possess that wildlife.

Possession of wildlife by Indian
34
1. In this section and section 35 "agreement" means the agreement between the Government of Canada and the Government of Saskatchewan ratified by chapter 87 of the Statutes of Saskatchewan, 1930.

2. Subject to subsection (3), no person other than an Indian shall accept or have in his or her possession wildlife that has been taken by an Indian for food as permitted pursuant to section 12 of the agreement.

3. A non-Indian may possess wildlife that has been taken for food as permitted pursuant to section 12 of the agreement by an Indian who is a father, mother, grandfather, grandmother, brother, sister, child, spouse or common-law souse of the non-Indian.

Hunting of wildlife by Indian
35
1. Subject to subsections 2. and 3., no person other an Indian may assist, aid or hunt with any Indian hunting wildlife for food as permitted pursuant to section 12 of the agreement.

2. The minister may issue to a non-Indian a licence to assist or aid, or a licence to hunt with, an Indian who:
    1. is a father, mother, grandfather, grandmother, brother, sister, child, spouse or common-law spouse of the non Indian; and
    2. is hunting wildlife for food as permitted pursuant to section 12 of the agreement.
3. Where a licence to hunt is issued to non-Indian pursuant to subsection (2), the non-Indian may only hunt in accordance with Part and the regulations and the terms and conditions of any licence issued to the non-Indian.

Licence cancelled on taking limit
36
1. No person shall take, kill or possess more wildlife in one day or during any other specified period than maximum allowable pursuant to this Part or the regulations

Hunting on certain lands
41
1. Where there are legible signs, of a specified size in the regulations, prominently placed along the boundaries of any land so as to provide reasonable notice bearing the words "No Trespassing or… "No Hunting" or "No Shooting" or words or symbols to a similar effect, no person shall hunt wildlife within the boundaries of that land except with the consent of the owner or occupant.

2. Subject to this Part and the regulations, where there are legible signs, of a size specified in the regulations, prominently placed along the boundaries of any land so as to provide reasonable notice of instructions concerning the method of hunting or the use of vehicles connected with hunting, no person shall hunt any wildlife on that land except in accordance with the posted instructions.

Selling and dealing in wildlife
44
Subject to this Act and the regulations, no person shall traffic in any wildlife.

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Wildlife Regulations


The following contains excerpts which pertain to reptiles and amphibians from: The Saskatchewan Wildlife Regulations, 1981.

The Wildlife Regulations, 1981
CHAPTER W - 13.1 REG 1
The Wildlife Act
being
Chapter W - 13.1 Reg 1 (effective August 11, 1981) as amended by Saskatchewan Regulations 63/82, 116/82, 71/83, 103/83, 128/83, 149/83, 42/84, 94/84, 110/84, 4/85, 100/85, 93/ 86. 34/87, 65/87, 85/87, 119/87, 73/88, 17/89, 82/89, 64/90, 27/91, 59/91, 76/92, 32/93, 79/93, 45/94, 19/95, 70/95, 50/96, 64/96, an Errata Notice (Gazetted December 27, 1991), 80/96, 13/97, 87/97, 18/98, 38/98, 77/98, 78/98, and 52/1999.

NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

TABLE OF CONTENTS of sections included in this summary
PART I: General
1 Title
2 Interpretation

PART II: General Hunting Restrictions
4 Permitted hunting
5 Restriction re wildlife in special areas
6 Protected wildlife
7 Restrictions on hunting methods
11 Hunting at night
11.1 Hunting safety
13 Hunting near buildings etc.
14 Vehicles or power boats

PART III: Licenses
GENERAL
31 Licenses
31.2 Possession of dead wildlife

PART VI: Traffic in Wildlife
50 General
51 Importing and exporting
52 Tanners and taxidermists
53 Shipment of wildlife
54 Records

PART I
General

Title
1
These regulations may be cited as The Wildlife Regulations, 1981.

Interpretation
2
In these regulations:
                    (a)"Act" means The Wildlife Act, 1997; (Please note: Anywhere in the regulations where it refers to, for example, section 10 of "the 
                     Act" it refers not to these regulations but to the actual Act, which is summarized above.

(x.1) "hide" means the skin or pelt of an animal but does not include the other attached parts of the animal, such as the horns, antlers, claws or skull;

                    (dd) "open season" means an open season established pursuant to any regulations made pursuant to the Act during which it is lawful to hunt a 
                    particular species of wildlife;

(ii.1) "road" means a prepared surface designed for vehicular traffic;

(jj.2) "searchlight" means a spotlight, flashlight, jacklight, nightlight, headlight or any other light that casts a beam of light, and includes night vision scopes and goggles;

                    (ll) "trail" means a route regularly traveled by vehicles;

PART II
General Hunting Restrictions

Permitted Hunting
4
1. Subject to the other provisions of these regulations, outside of game preserves, road corridor game preserves, wildlife refuges, wildlife management units, regional parks, provincial parks, protected areas or recreations sites, any person may, without a licence hunt:

    1. reptilia (snakes and turtles) other than rattlesnakes, bullsnakes, hognosed snakes, smooth green snakes, eastern yellow-bellied racers, northern red-bellied snakes, short-horned lizards and snapping turtles;
    2. amphibia (frogs and salamanders);

(3) Notwithstanding subsection (1), reptilia, amphibia may not be hunted for commercial purposes. (i.e. hunted and subsequently sold for profit)

Restriction re wildlife in special areas

5 (1) No person shall, without a licence for the purpose:

    1. hunt, poison, molest or disturb any wildlife within;
    2. destroy or alter any wildlife habitat within; or
    3. carry, possess or discharge any firearm within or discharge a firearm over;

a game preserve, road corridor game preserve, wildlife refuge, wildlife management unit, regional park, provincial park, protected areas or recreational site.

Protected Wildlife

6 1. Subject to subsections 2., 2.1., 3. and 4., no person shall, without a licence for the purpose, kill, disturb, or molest any wildlife or the den, house, nest, dam or usual place of habitation of any wildlife protected under the Act as amended from time to time, or under any regulation made under either Act.

  1. The director may issue a license:
    1. to capture or kill any wildlife that is wounded, diseased, a danger to the public or a public nuisance;
    2. to remove or destroy the den, house, nest, dam or usual place of habitation of any wildlife that is causing or likely to cause damage to property;
  1. For the purpose of protecting his property or livestock, the owner or occupant of any land may, without a licence, kill, on the land, any rattlesnake
  1. Any person who kills any wildlife pursuant to subsection (3) shall immediately report the killing to a wildlife officer, and the director may specify the manner or disposing of the wildlife.

Restrictions on hunting methods
7
2. No person shall, without a licence for the purpose, at any time:

    c. hunt with, carry while hunting, use or set for the destruction or capture of wildlife:

    i. drugs, narcotics, poisons or tranquilizers
    ii. automatic firearms, including automatic and machine guns, automatic and machine rifles and any other gun or rifle designed to fire more than one shot with a single squeeze of the trigger;
    iii. any night-vision device (see Interpretation)
    iv. any device or mechanism designed to silence or minimize the report of a firearm;
    vi. live decoys of any kind
    vii. metal-jacketed hard-point, non-expanding bullets or any such bullets that have been tampered with or altered in any way; 
    viii. barbed or poisoned arrows or arrows with explosive heads
    viii. 1. spears
    x. tracer bullets or tracer shells
    xi. traps equipped with serrated jaws or teeth

Hunting at night
11
1. No person shall hunt any wildlife during the period from one-half hour after sunset to one-half hour before sunrise.

Hunting safety
11.1
1. Nothing in this section is to be construed as applying to hunting on a Reserve.

2. For the purpose of ensuring the safety of hunter and the public, a searchlight shall not be used for the purpose of hunting wildlife.

3. No person shall fail to comply with subsection (2)

Vehicles or power boats
14
No person shall use a vehicle or a power boat for the purpose of:

    1. chasing or pursuing any wildlife;
    2. disturbing any wildlife;
    3. driving any wildlife towards hunters; or
    4. injuring or killing any wildlife

unless he is authorized to do so by the minister.

PART III
Licenses
GENERAL

Licenses
31
(9) No person shall hunt any wildlife within Saskatchewan other than;

    1. at the time;
    2. in the place;
    3. for the specie or sex of species; and
    4. in the manner; 

specified in the license issued to that person.

Possession of dead wildlife
31.2 
1. A person who finds dead wildlife may take possession of that wildlife if:

  1. to that person’s knowledge, the wildlife was not killed in contravention of the Act; and
  2. within seven days of taking possession of the dead wildlife, the person:
    1. applies to a wildlife officer for and is granted a licence authorizing possession of dead wildlife;
    2. provides the wildlife to a wildlife officer for inspection; and
    3. pays the applicable licence fee.
  1. Wildlife provided to a wildlife officer pursuant to subclause (1)(b)(ii) may be marked by a wildlife officer for identification in a manner approved by the director.
  2. A person is not required to have a licence authorizing possession of dead wildlife to possess wildlife:
    1. mentioned in subsection 4(1); or
    2. taken under a valid hunting and trapping licence.
  1. The fee for a licence authorizing possession of dead wildlife is $10.

PART VI
Traffic in Wildlife

General
50
1. Any person may, without a licence:

  1. engage in, carry on or be concerned in the tanning, dressing, plucking, dyeing or treating of the raw or undressed hide, skin or pelt of any wildlife;(which has been legally obtained)
  1. No person shall, without a licence for the purpose:
  1. sell or otherwise traffic in other wildlife (i.e. amphibians and reptiles), other than:
  1. wildlife species taken in accordance with subsection 4(1) of these regulations
  1. sell, serve, advertise or otherwise traffic in the flesh of wildlife or dishes composed wholly or partly of wildlife;
  2. do business as a taxidermist
  1. The fee for a licence to do business as a taxidermist is $25.

Importing and exporting
51
1. For the purposes of subsection 31(1) of the Act:

    1. a permit issued pursuant to the Import and Export Act (Canada) under the Convention of the International Trade in Endangered Species (CITES) constitutes the authority to export wildlife specified in the licence.

Tanners and taxidermists
52
1. No person shall:

    1. ship any wildlife to or leave any wildlife with a tanner or taxidermist, unless the person has a licence and his licence number and a special permit on the form provided by the department verifying payment of royalties accompanies the wildlife; or
    2. accept for the purpose of tanning, preserving, stuffing, mounting or treating in any way, or for sale, or have in his possession any preserved, stuffed or mounted wildlife, unless he receives from the owner or person from whom it was received:
    1. the licence number under which the wildlife was taken or signed statement to the effect that wildlife was legally secured
    2. a special permit on the form provided by the department verifying payment of royalties

Shipment of wildlife
53
1. No agent, transportation company or other common carrier or any other person shall:

    1. receive for shipment any wildlife or parts of wildlife, unless the shipment is tagged or marked with the name and address of the owner, the licence number under which the wildlife was taken and the contents; or
    2. transport or deliver to a consignor any shipment that is not tagged, marked and labelled as required by clause (a).
  1. Any person who receive a shipment in violation of subsection (1) shall notify the nearest wildlife officer and shall hold the shipment to be dealt with by the wildlife officer.

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