Bill 51 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Albert A Bill 51 _ the Wildlife Amendment Act, 1977 __ (Legislature 18, Session 3)

L18 S3 5753

Alberta — Bills

1977 BILL 51 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 51 _ THE WILDLIFE AMENDMENT ACT, 1977 __ THE MINISTER OF RECREATION, PARKS AND WILDLIFE First Reading .............................. _., ....... ".,.." . '.>' ••• Second Reading ......... , . , .............................. , Thi rd Readi ng ................... , ....................... . Printed by the Queen's Printer ror the Province or Alberta, EDMONTON

Bill 51 BILL 51 1977 THE WILDLIFE AMEN.DMENT ACT, 1977 (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Wildlife Act is amended by this Act. 2

Section 2 is amended (

a) by repealing clause 3; (

b) as to clause 4 by adding ", the eggs of those birds and any part of such birds or eggs" after "Strigidae", (

c) by repealing clause 9 and substituting the/ollowing: 9 "exotic wildlife" means any wildlife that is not indi genous to Alberta or any part of such wildlife; (

d) as to clause 14 by repealing subclause (

x) and substituting the /0110 wing: (

x) the eggs of those birds and any part of such birds or eggs; (

e) by repealing clause 15; (

j) by adding the/ollowing after clause 17: 17.1 "habitat management area" means a habitat man agement area designated under

section 8; (

g) as to clause 18 by striking out "and any deliberate attempt made" and by substituting "or make any deliberate attempt", (

h) by repealing clause 24 and by substituting the following: 1

Explanatory Notes 1 This Bill will amend

chapter 391 of the Revised Statutes of Alberta 1970. 2

Section 2, clauses 3, 4, 9, 14(x), 15, 18,24,25,31 and 33 presently read as follows: 3 "big game /arm" means a place on which big game animals are kept/or the purposes 0/ propagation or for sale, gain, profit or pleasure; 4 "bird 0/ prey" means any hawk, /alcon, eagle, owl, osprey, vulture or any other species o/the/amilies Falconidae, Cathartidae, Accipitrida, Pandionidae or Strigidae; 9 "exotic wildlife" means all birds, mammals and other vertebrates that are not indigenous to A Iberta and that are declared to be exotic wildlife by the regulations, or any

part 0/ such birds, mammals or other vertebrates; 14 "game bird" includes (

x) any

part 0/ such birds; 15 "game bird/arm" means a place on which game birds are kept/or the purposes o/propagation, or/or sale, gain, profit or pleasure; 18 "hunt" means chase, pursue, worry,/ollow after or on the trail of, search/or, shoot at, stalk or lie in wait/or, and any deliberate attempt made in any manner to capture, kill or irljure, any!Vildlife whether or not any wildlife is captured, killed or i'1iured; 24 "privately owned lands" means lands held under a certificate o/title, agreement/or sale, homestead lease, homestead sale, miscellaneous lease or cultivation lease issued under The Public Lands Act; 25 "pheasant shooting ground" means a parcel o/Iand on which pen-reared pheasants are released/or hunting; 1

24 "privately owned lands" means (

i) lands held under a certificate of title by a person other than the Crown, or (ii) lands held under an agreement for sale under which the Crown is the seller, or (iii) lands or classes of lands held under leases or other dispositions from the Crown that are declared by the regulations under

section 11, clause 45 to be privately owned lands; 0) by adding the/ollowing after clause 24: 24.1 "problem wildlife" means wildlife designated as problem wildlife under

section 94.2; (

j) by repealing clause 25; (

k) as to clause 31 by striking out "trap-line" and by substitut ing "trapping area"; (

I) by repealing clause 33 and by substituting the /0 110 wing: 33 "wildlife" means any mammal, amphibian, bird or reptile in Alberta, whether indigenous to Alberta or not, and includes the carcass or eggs and parts of the carcass or eggs of the mammal, amphibian, bird or reptile but does not include (

i) domestic cattle, swine, horses, fowl, sheep, cats or dogs or any other species designated in the regulations as domestic animals, or (ii) a mammal, amphibian, bird or reptile declared by the regulations not to be wildlife for the pur poses of this Act; (

m) by adding the/ollowing after clause 34: 34.1 "wildlife protection area" means a wildlife protec tion area established under

section 8; 3

Section 6 is amended by striking out "and all fishery officers" and by substituting", all park officers appointed under The Pro vincial Parks Act, 1974 and all fishery officers appointed under the FisheriesAct (Canada)". 2

31 "trap-line" means the area or location defmed and registered under this Act for the taking offur-bearing animals andfur-bearing carnivores thereon by a licensed trapper; 33 "wildlife" means big game, game birds, birds of prey, fur-bearing animals, fur-bearing carnivores and any other species of vertebrates designated as wildlife by the regulations and includes the heads, hides or other parts thereof; 3

Section 6 presently reads as follows: 6 All members of the Royal Canadian Mounted Police, allforest officers and all fishery officers (

a) are ex officio wildlife officers, and (

b) have the same powers and duties as are coriferred or imposed upon a wildlife officer by law. 2

Section 8 is repealed and the/olio wing substituted: 8

(1) In this section, "landholder" means (

a) in the case of lands held under a certificate of title by a person other than the Crown, or (

i) the purchaser of the fee simple estate in the land under an agreement for sale that is the subject of a caveat registered against the certificate of title to the land, or (ii) in the absence of a person described in sub clause (i), the person registered under The Land Titles Act as the owner of the fee simple estate in the land, (

b) in the case of lands held under an agreement for sale under which the Crown is the seller, the purchaser under the agreement, or (

c) in the case of any lands or classes of lands held under leases or other dispositions from the Crown that are declared by the regulations under

section 11, clause 45 to be privately owned lands, the holder of the lease or disposition.

(2) The Lieutenant Governor in Council may make regulations (

a) designating any area of land to be a wildlife sanc tuary, bird sanctuary, wildlife protection area or habitat management area; (

b) establishing classes of wildlife sanctuaries, bird sanc tuaries, wildlife protection areas or habitat management areas; (

c) providing for the control and management of any class of wildlife sanctuary, bird sanctuary, wildlife pro tection area or habitat management area; (

d) fixing the terms and conditions under which and the purposes for which persons may be admitted to or excluded from any class of wildlife sanctuary, bird sanc- 3

Section 8, subsections (2) and (3) presently reads as follows:

(2) The Lieutenant Governor in Council may make regulations (

a) designating anyarea or areas to be wildlife sanctuaries or bird sanctuaries, (

b) providing/or the control o/wildlife sanctuaries or bird sanctuaries and/or the protection o/wildlife therein, and (

c) declaring that any area previously designated to be a wildlife sanctuary or, subject to the Trans/er Agreement, that any area previously designated to be a bird sanctuary shall cease to exist as such.

(3) Notwithstanding subsection (2), no wildlife sanctuary or bird sanctuary shall be hereafter constituted upon land other than unoccupied public land unless in the opinion o/the Minister it is expedient to do so. 3

tuary, wildlife protection area or habitat management area.

(3) No regulation under subsection (2) (

c) or (

d) applies to privately owned lands within any wildlife sanctuary, bird sanctuary, wildlife protection area or habitat management area designated after the commencement of this

section that consists wholly or partly of privately owned lands unless (

a) the landholder agrees with the Minister that the regulation applies to the privately owned lands in the wildlife sanctuary, bird sanctuary , wildlife protection area or habitat management area, and (

b) the regulation expressly states that it applies to the pri vately owned lands in the wildlife sanctuary, bird sanctuary, wildlife protection area or habitat manage ment area. 5

Section 11 is amended (

a) by repealing clause 1 and substituting the following: 1 for the designation of any species as domestic animals, 1.1 for the declaration of any mammal, amphibian, bird or reptile not to be wildlife for the purposes of this Act, (

b) by repealing clause 15 and substituting the following: 15 for the manner of identifying trapping areas and traps, (

c) by adding thefollowing after clause 19: 19.1 for the designation of any sex, species or class of animal as trophy big game or non-trophy big game, (

d) as to clause 20 by adding after "trophy big game" wherev er it occurs "or non-trophy big game",' (

e) as to clause 22 by striking out "big game or game bird" wherever it occurs and by substituting "wildlife",' (

j) as to clause 23 by striking out "and eggs" and by substitut ing ", eggs or any part ot parts of eggs" " (

g) by repealing clauses 29, 30 and 31 and by substituting the following: 4

Section 11, clauses 1, 9,13,15,20,22,23,29, 30 and 31 presently read as follows: 11 The Lieutenant Governor in Council may make regulations providing 1 for the designation 0/ any species 0/ vertebrates as wildlife, 9 for the restriction 0/ the operations under any class of licence, to OJ any specified area, or (iiJ any specified time, or (iii) any specified area and specified time, 13 for the establishment of areas in which big game, grouse or ptarmigan may be hunted on Sunday in that part o/the Green Area lying north of the North Saskatchewan River, 15 designating the manner of identifYing trap-lines and traps, 20 for the regulation 0/ hunting o/trophy big game and/or establishing the minimum standards o/trophy big game which may be hunted, 22 for the issue 0/ a permit to a person killing or lawfully acquiring any big game or game birdfor the transportation o/the big game or game bird out of Alberta, 23 for the issue o/permits/or the collection and disposition, and thejees/or possession, of any wildlife, and the nests and eggs 0/ game birds and other birds, 29 for the licensing o//ur dealers, tanners and/urriers, 30 for the licensing o/taxidermists, 31 for the licensing 0/ dog trainers, 4

29 for the licensing of dog trainers, fur dealers, tanners, furriers and taxidermists and governing the terms and conditions subject to which they may carryon business, 30 for the purpose of

section 71, the classes of speci mens that may be prepared, bought and sold by taxi dermists and the terms and conditions under which specimens of each class may be prepared, bought and sold, 31 for the licensing of wildlife farms and the terms and conditions under which they may carryon business, (

h) by adding the/olio wing after clause 33: 33.1 for the information in respect of wildlife to be furnished to the Minister by the holder of any licence or permit, 33.2 for the portions of wildlife carcasses to be fur nished for examination to the Minister by the holder of any licence or permit, 0) by adding the/ollowing after clause 38.1: 39 for the destruction and removal of problem wildlife, 40 the conditions under which wildlife may be captured alive and the methods that may be used in the capture, 41 for the establishment of terms and conditions under which persons may be permitted or denied access to any area used in the operation of a wildlife depredation control program under

section 9 (5), 42 for the establishment of terms and conditions under which firearms may be transported in or on any type of vehicle, 43 that the Minister may establish training and testing programs for hunters, 44 duties to be imposed on the holders of licences, permits and certificates, 45 for the declaration of any lands or classes of lands held under leases or other dispositions issued pursuant to (n The Public Lands Act, or (in the regulations under The Provincial Parks Act, 1974, or 5

(iii) the regulations under The Special Areas Act, or (iv) the regulations under

section 12.2 of this Act, to be privately owned lands, and 46 for the designation of any regulations under this

section as regulations to which

section 109 (1) does not apply. 6

Section 12 is amended by adding the following after clause (g): (g. 1 ) as a condition precedent to the issue of any licence or permit, require the applicant to complete successfully a train ing and testing program for hunters if such a program has been established pursuant to the regulations, 7 Thefollowing sections are added after

section 12: 12.1

(1) The Minister may purchase or otherwise acquire any estate or interest in any land and any personal property in conjunction therewith for the purpose of any program or project relating to the conversation, protection or manage ment of wildlife or of any wildlife sanctuary, bird sanctuary, wildlife protection area or habitat management area.

(2) The Lieutenant Governor in Council may authorize the Minister to acquire by expropriation on behalf of the Crown any estate or interest in land required by the Minister for any of the purposes referred to in subsection (1). 12.2(1) In this

section "disposition" means an instrument entered into or issued by which any estate, right or interest in public land under the administration of the Minister by virtue of subsection (2) is conveyed by or on behalf of the Crown to any person.

(2) Land purchased, expropriated or otherwise acquired under

section 12.1 and public land forming all or part of a wildlife sanctuary, bird sanctuary , wildlife protection area or habitat management area shall be under the administration of the Minister.

(3) The Lieutenant Governor in Council may make regulations (

a) authorizing the Minister to make dispositions of any kind prescribed in the regulations; 6

6 Hunter's training and testing program may be condition precedent to issue of licence or permit.

Section 12, clause (

g) presently reads as follows: 12 The Minister may from time to time (

g) as a condition precedent to the issue 0/ any licence or permit in any case or class 0/ cases, require the applicant there/or to furnish a bond or such other form o/security as the Minister considers necessary to secure the observance o/this Act and the regulations, 7 - 12.1 The Minister may purchase land for wildlife programs. 12.2 Where authorized by regulations the Minister may make disposi tions of land under his administration. 6

(

b) restricting the use to be made of lands that are the subject of dispositions~ (

c) prescribing the duties and obligations of the persons to whom the dispositions are made in relation to the use and occupation of the lands by them~ (

d) prescribing the terms and conditions to which dis positions are subject~ (

e) prescribing the conditions under which the Minister may cancel a disposition~ (0 providing for the arbitration and settlement of any matter relating to the regulations or the dispositions made under them~ (

g) establishing the procedure for the submission of applications for dispositions and the requirements to be met by applicants to render them eligible to obtain the disposition~ (

h) prohibiting, or prohibiting without the consent of the Minister, assignments of any class of dispositions and, with respect to any class of dispositions that may not be assigned without the consent of the Minister, prescribing any conditions to be met before the consent may be given in a particular case~ (

i) prescribing the rate of interest payable on money owing under any disposition that is not paid within one month from the date it is due~

G) establishing a tariff of fees payable to the Minister (

i) for all applications, dispositions or renewals or reinstatements of dispositions, or (ii) for applications for the consent of the Minister to assignments of dispositions.

(4) The Minister may delegate to any employee of the Government the power to make dispositions or classes of dispositions under subsection (3) on his behalf.

(5) No disposition may be made under subsection (3) which conveys an estate, right or interest in excess of 10 years in duration without the approval of the Lieutenant Governor in Council. 8

Section 25 is amended 7

Section 25(2), (3) and (5.1) presently read as follows: 7

(

a) by repealing subsection (2) and substituting the /0110 wing:

(2) For the purposes of subsection (I), a firearm is deemed to be loaded if (

a) in the case of a rifle, shotgun or similar weap on, there is a live shell or cartridge in the breech or chamber, or (

b) in the case of a muzzle-loaded gun operated by a flintlock, the pan contains powder, or (

c) in the case of a muzzle-loaded gun using per cussion caps, a percussion cap is in place on the nipple. (

b) by adding the/ollowing after subsection (3):

(3.1) Notwithstanding subsection (3), the Minister may, with or without conditions, authorize any person to use an aircraft in capturing wildlife alive for the purpose of research or wildlife management. (

c) as to subsection (5.

J) by striking out "developed road allowance in any county or municipal district" and by substi tuting "road allowance in any county or municipal district containing a road that is paved, oiled, graded or regularly maintained' , , (

d) by adding the/ollowing after subsection (5.1): (5.2) Subsections (4), (5) and (5.1) do not apply to any person engaged in a pest control program approved by the Minister. 9

Section 29 is amended by renumbering the

section as subsection 0) and by adding the /0 110 wing subsection after renumbered subsec tion 0):

(2) No person shall hunt, take or trap wildlife (

a) in a manner that is dangerous to the safety of other persons, (

b) without du~ regard for the safety of other per sons, or (

c) in a manner that causes or is likely to cause damage to a crop, livestock or' other property. 8

(2) Anyfirearm having a live shell or cartridge in the breech or chamber shall be deemed to be loaded within the meaning o/subsection (1).

(3) No person shall hunt/rom an aircraft.

(5.1) No person shall (

a) discharge a.firearm/rom, or (

b) cause a projectile/rom a.firearm to pass along or across, a developed road allowance in any county or municipal district unless he is hunting game birds with a shotgun under the authority 0/ a game bird licence issued pursuant to this Act or the regulations. 9

Section 29 presently reads as follows: 29 No person shall hunt, take or trap any wildlife while intoxicated or under the influence 0/ a narcotic drug or while his ability to hunt is impaired by alcohol or a drug. 8

Section 31 is amended by renumbering the

section as subsection 0) and by adding the following subsection after renumbered subsec tion 0):

(2) For the purposes of subsection (1), a highway as defined in The Public Highways Development Act bounded on both sides by a provincial park is part of a provincial park. 11

Section 32 is amended by adding the following after subsection (3):

(4) The Director may, in writing, authorize a licensed dog trainer to use pen-raised game birds during the times and in the places designated by the Director, for the purpose of training bird dogs or for dog trials authorized under

section 33. 12

Section 41 is amended by repealing subsection (5) and substitut ing thefollowing:

(5) Except as provided in

section 38, no person shall apply for or acquire (

a) more than one of the same kind of licence for the hunting of big game for the same open season, or (

b) where there is more than one· open season in any one fiscal year of the Government, more than one of the same kind of licence for the hunting of big game in anyone fiscal year. 13

Section 45 is amended by renumbering the

section as subsection 0) and by adding thefollowing subsection:

(2) Notwithstanding subsection (1) (c), the Director may, in writing, authorize a person to use a trap or net in capturing wildlife alive, subject to such terms and conditions as the Director may prescribe. 14

Section 46 is amended (

a) by repealing subsection (2) and by substituting the following:

(2) Any person who kills or attempts to kill a dog that is in the act of pursuing or molesting any big game, fur-bearing animal or fur-bearing carnivore is not liable to the owner of the dog for the loss of the dog or any damage to the dog. 9

Section 31 presently reads: 31 No person shall hunt or trap wildlife in a provincial park established under The Provincial Parks Act unless he is authorized to do so by the regulations. 11 The Director may allow the use of pen-raised birds for the training of bird dogs. 12

Section 41, subsection (5) presently reads as follows:

(5) Except as provided in

section 38, no person shall apply for or acquire more than one of the same kind of licence for the hunting of wildlife for the same open season. 13

Section 45, clause (

c) presently reads as follows 45 No person shall for the purpose of hunting or taking big game set out, use or employ (

c) any traps or nets of any kind, or 14

Section 46, subsections (2) and (3) presently read as follows:

(2) Any person may at any time without incurring any liability kill a dog found running, pursuing or molesting big game.

(3) Subsections 0) and (2) do not apply in any case where the use of a dog for the hunting of cougar is permitted by the regulations. 9

(

b) as to subsection (3) by adding ", coyote or fox" after "cougar" . 15

Section 4 7 is amended (

a) by adding the following after subsection (1):

(1.1) For the purposes of subsection (1), "residence" means a usual place of residence and does not include a cabin, hotel room, motel room, tent, trailer, camper trailer or any other accommodation of a temporary nature. (

b) as to subsection (3) (b) (;;) by adding "attached to the carcass" after "udder". 16

Section 56 is repealed and the/olio wing substituted: 56 No person shall have in his possession, wilfully take or wilfully destroy the nest or the egg or part of either of any bird except as authorized by the regulations. 17

Section 58(1) is amended by striking out "coyote or skunk on privately owned land" and by substituting "coyote, wolf or skunk on privately owned land that he owns or occupies". 18

Section 59(1)(

a) is amended by adding "unless he is authorized to do so under the regulations" after "dam". 19

Section 60 is amended by striking out "any birds, big game or parts thereof" and by substituting "the edible parts of any birds or big game". 10

Section 47, subsections (1) and (3) presently read as follows: 47 (J)No person shall remove or destroy the distinctive evidence of the sex and species of any big game until he has (

a) conveyed the big game to his residence if he is a resident of the Province, or (

b) had it inspected by a wildlife officer or a game guardian.

(3) For the purpose of this

section the distinctive evidence of the sex and species of big game is (

a) where the big game is a male animal (;) the head with antlers or horns, or (i;) the testicles or scrotum attached to the carcass, or (

b) where the big game is a female animal (;) the head, or (;;) the udder. 16

Section 56 presently reads as follows: 56 No person shall at any time WilfUlly disturb, destroy or take the eggs or nest of any bird except as authorized by the regulations. 17

Section 58, subsection (1) presently reads as follows: 58(1) No person shall molest or destroy a den or usual place of habitation of any fur-bearing animal or fur-bearing carnivore other than that of a coyote or skunk on privately owned land. 18

Section 59, subsection (1), clause (

a) presently reads as follows: 59(1) No person shall cut, spear, open, break, partially destroy or destroy (

a) a beaver house or beaver dam, 19

Section 60 presently reads as follows: 60 No person shall, for the purpose of trapping fur-bearing animals or fur-bearing carnivores, set out, use or employ in any manner any birds, big game or parts thereof protected by this Act, other than thefeathers of game birds lawfully taken. 10

20 Sections 62, 64 and 65 are amended by striking out "trap-line" wherever it appears and substituting "trapping area". 21 The fo 110 wing

section is added after

section 94.1: 94.2 Where the Lieutenant Governor in Council considers that any wildlife is or is likely to become a danger to human beings or destructive to any crop, livestock or property in all or any part of Alberta, he may by regulation declare the wildlife to be problem wildlife either throughout Alberta or in the part of Alberta described in the regulation. 22

Section 101 is amended by adding the following subsection after subsection (]):

(1.1) In any prosecution under this Act or the regulations, a certificate purporting to be signed by a meteorologist and stating the time of sunrise or the time of sunset in any area on any day shall be admitted in evidence as prima facie proof of the facts stated in the certificate, without proof of the signature or qualifications of the person signing the certificate. 23

Section 109 is amended by repealing subsection (2) and by substituting the following: (2) Subsection (1) does not apply to convictions for a con travention of (

a) section 17, or (b)

section 18(1), or (

c) section 19, or (d)

section 20 (2), or (

e) section 21, or (

f) section 22, or (

g) section 23, or (h)

section 25(1),(4),(5) or (5.1), or 0)

section 27 (2) or (3), or G)

section 30(3) or (4), or 11

20 The word "trap-line" is replaced. 21 Designation of problem wildlife by the Lieutenant Governor in Council. 22 Meteorologists' certificate as evidence. The subsection is substan tially the same as

section 152(2) of The Highway Traffic Act, 1975. 23

Section 109 (1) and (2) presently read: 109(1) When any person is convicted of an offence against this Act or the regulations (

a) all licences and permits authorizing him to hunt and kill big game shall be deemed to be cancelled on the date of the conviction if the offence for which he is convicted relates to the exercise of any of the privileges granted to him by a licence or permit to hunt and kill any big game, (

b) all licences and permits authorizing him to hunt and kill game birds shall be deemed to be cancelled on the date of the conviction if the offence for which he is convicted relates to the exercise of any of the privileges granted to him by a licence or permit to hunt and kill any game bird, (

c) all licences, permits and certificates authorizing him to trap, hunt and kill jur-bearing animals shall be deemed to be cancelled on the date of the conviction if the offence for which he is convicted relates to the exercise of any of the privileges granted to him by a licence, permit or certificate to trap, hunt and kill any fur-bearing animals, and (

d) all licences and permits other than those referred to in clauses (a), (

b) and (

c) shall be deemed to be cancelled on the date of the conviction if the offence for which he is convicted relates to the exercise of any of the privileges granted to him by any licence or permit other than those referred to in clauses (a), (

b) and (c).

(2) Subsection 0) does not apply to convictions for a contravention of

section 25, subsection (1). 11

(k)

section 32(1), or (1)

section 33 (1), or (m)

section 41 (1) or (2), or (

n) section 53, or (0)

section 55, or (

p) section 56, or (q)

section 58 (1), or (

r) section 89.1(1) or for a contravention of those regulations that are designat ed under

section 11, clause 46 as regulations to which subsection (1) does not apply. 24 This Act comes int%rce on February 1,1978. 12

12 Title: 1977 (18th, 3rd) Bill 51, The Wildlife Amendment Act, 1977

Document details

Collection	Alberta — Bills
Citation	L18 S3 5753
Type	bill
Volume / chapter	L18 S3 5753
Language	en
Format	json
Source	PROVINCIAL
Identifier	85ce317808c067b95182dbe2b05375a0f228df97

Source file is stored in the law ingest library (json).