Bill 30 — Third Session, 17Th Legislatu:Re~Mii'Al)~Th~I the Legislative Assembly of Alberta Bill 30 the Wildlife Amendment Act, 1974 (Legislature 17, Session 3)

L17 S3 5296

Alberta — Bills

1974 Bill 30 Third Session, 17th LegislatU:re~mii'al)~th~I THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 30 The Wildlife Amendment Act, 1974 THE MINISTER OF LANDS AND FORESTS First Reading .............................. . Second Reading .................. . Third Reading Printed by L. S. WALL, Queen's Printer for the Province Qf Alberta, EDMONTON

Bill 30 BILL 30 1974 THE WILDLIFE AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Wildlife Act is here.by amended.

Section 2 is amended (

a) as to clause 4 by striking out the words "or Cath artidae" and by substituting therefor the words ", Cathar1tidae, Accipitridae, Pandionidae or Strigidae" , (

b) as to clause 14, subclause (vii) by striking out the word "turningstones" and by s'l.tbstituting therefor the word "turnstones", (

c) as to clause 30 by adding after the ward "catch" the words "or attempt to catch", and (

d) as to clause 35 by adding after the word "means" the words "a provincial park or".

Section 9 is amended (

a) by striking out subsection (4), and (

b) as to subsection (6) by adding after the words "set aside" the words "not less than".

Section 1 0 is struck out and the following

section is substituted therefor: 10.

(1) The Minister may establish a fund to be known as the "Fish and Wildlife Habitat Fund" for the purpose of creating and maintaining fish and wildlife habitats and for such other purposes as the Lieutenant Governor in Council may designate.

(2) The Minister shall cause to be paid in to the Fund all donations and bequests received for the purpose of creating and maintaining fish and wildlife ha:bitats.

Explanatory Notes I. This Bill will amend

chapter 39>1 of the Revised Statutes of Alberta 1970. 2. Amendments to the

definitions. 3. This amendment will clarify that the amount of money which may be expended from the Wildlife Damage Fund for the operation of The Wildlife Depredation Control Program need not be limited in amount to the 10 percent of the revenue generated by the sale of wildlife certificates set aside for that purpose. 4. This amendment will limit payments into the trust fund to donations and! bequests and disassociate the revenue from the sale of habitat stamps from the trust fund.

(3) All moneys conta:ined in the "Fish and Wildlife Habitat Fund" authordzed by any proViision of this Act previously in force shall, UP'On the coming int.o force of this section, be paid into and f.orm part .of the "Flish and Wildlife Habitat Fund" established pursuant t.o this section. 5. The following

section is added after

section 10: 10.1 The Lieutenant G.overnor in Council may by reg ulation authorize the sale of habitat stamps for the purpose of proViiding funds to help maintain fish and wildlife habitats.

Section 11 is amended by adding after clause 23 the following clause: 23.1. for the designation and pr.otection of endangered species,

Section 20, subsection (2) is amended by adding after the words "hunt any wildlHe" the words "or discharge any firearm".

Section 22, subsection (2) is amended by striking out the word "game" and by substituting therefor the words "big game and game birds".

Section 25 is amended (

a) by adding after subsection (5) the following sub section: ( 5.1) No person shall (

a) discharge a firearm fr.om, .or (

b) caus'e a projectile from a firearm to pass al'Ong 'Or across, a developed road allowance in any county or mu nicipal district unless he is hunting ~ame birds ~ith ~ shot~un under the authority of a game bIrd lIcence Issued pursuant t.o this Act or the regulations. and (

b) by adding after subsection (6) the following sub sections:

(6.1) Every driver shall furni'sh such ,informa tion respecting the vehicle, driver or :any wildlife in .or on the vehicle as the wildltife officer requires.

(6.2) A wildlife .officer may examine and check wildlife in .or on any vehicle. 2

5. This amendment will provide the authority that was formerly in

section 10 for the sale of habit'at stamps but will not tie the revenue to the Fish and Wildlife Habitat Fund. 6. This amendment will permit the Lieutenant Governor in Council to make regulations for the designation and protection of endangered species. 7. This amendment will prohibit the discharge of firearms on occupied lands without permission.

Section 22, subsection (2) presently reads as follows:

(2) Every person licensed as mentioned in subsection (1) shall keep 'such records with re1spect t.o the processing and storage of game as may he prescribed by the regul3JUons. 9. Self-explanatory. 2

Section 37 is amended by striking out the words "big game or any game bird" and by substituting therefor the word "wildlife".

Section 44 is amended by adding at the end of clause (

e) the WOYf"d "or" and by adding after clause (

e) the fol lowing clause: (

f) any muzzle loading firearm of less than .44 calibre.

Section 47, subsection (3), clause (

a) is amended by striking out subclause (ii) and by sUbstituting therefor the following clause: (ii) the testicles or scrotum attached to the carcass,

Section 50 is amended (

a) as t,o subsection (3) by adding after the worrd "affix" the words "and lock", and (

b) as to subsection (4) by striking out the WOYf'ds "is to be consum'ed" and by substituting therefor the words "has been properly and completely butchered for consumption and stored at a normal place of meat storage".

Section 54 is amended by striking out subsection (3) and by sUbstituting therefor the following subsection:

(3) For the purpose of thi,s

section the distinctive evid ence of the sex and speeies of a game bird is one complete wing and wing feathers.

Section 59 is amended (

a) as to subsection (1), clause (b), subclause (

i) by striking out the words "section 61" and by substi tuting the.refor the words "section 58, subsection (2)", and (

b) as to subsection (2) by striking out the words "No person" and by substituting therefor the words "Subject to the regulations, no person". 16. The following

section is added after

section 89: 89.1

(1) Any person, when requested to do so by a wild life officer or game guardian, shall forthwith produce and permit inspection of any firearm in his possession or sub j ect to his control.

(2) A wildlife officer or game guardian may inspect any firearm found in or on any vehicle or boat. 3

10. This amendment will extend the prohibition ,contained in the

section to bird eggs, raptors, etc.

Section 37 presently reads as follows: 37. No person shall traffic i,n any big game or any game bird except as is express:ly permitted by this Act or by the regula,tions. II. This amendment will allow the use of muzzle loading guns in excess of .44 calibre for big game. 12. The present subclause reads as follows:

(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 animaJ (ii) the testicles attached to the scrotum, 13. The present provisions read as follows:

(3) The holder of any big game licence shall immediately after the killing of any big game securely affix to such part of the carcass as may be prescribed by the regulations the proper tag issued to him with the big game licence.

(4) The tag shall remain affixed to the animal until the animal i,s to be consumed, or until the animal or parts thereof have been inspected and cleared by a wildlife officer or game guardian. 14. This amendment will relax the amount of evidence required to be retained as to the sex and species of 'a game bird. Previously the head and head feathers had to be kept as well. IS. This amendment will permit the development of regulations to encourage under-ice trapping and the harvesting of high mortality beaver populations. 16. This amendment will clarify the authority of wildlife offi cers and game guardians to examine firearms. 3

Section 92 is struck out. 18. The following

section is added after

section 94: 94.1

(1) An employee of the Department may hunt or C1apture any wildlife f'or scientif,ic research or wildlife man agement purposes when authorized in writing tD SD dD by the Dir'ootor.

(2) All wildlife captured pursuant tD subsection (1) re mains the property of the Crown in right of Alberta.

Section 104, subsection (1) is amended (

a) as to clause (a), subclause (ii) by striking out the figure ",45", and (

b) as to clause (

c) by adding at the commencement thereof the words "confiseate Dr".

Section 108 is amended by striking out the word "his" and by subst,ituting there.for the word "a".

Section 115 is amended (

a) as to subsection (1), clause (

a) by adding after subclause (ii) the following subclause: (rii.1)

section 26, subsection (1), or (

b) as to subsection (3) by striking out the figure "45" and by substituting therefO'r the. words "section 45, clause (a), (b), (

c) or (e)", and (

c) by adding after subsection (3) the following sub sectidrn:

(4) A perSDn who ,contr'avenes the prDvisi'Ons 'Of secti'On 45, clause (

d) is guilty of an offence and liable on

summary conviction to a fine 'Of not less than $500 and not .more than $5,000, and in default 'Of payment.to impris'Onment for a term of not mOire than one year. 22. The Municipal Government Act is amended as to

section 152 by renumbering the

section as subsection (1) and by adding thereafter the following subsection:

(2) Up'On the commencement of this

section no council 'Of a county or municipal district may pass a by-law under subsection (1), clause (

d) without the c'Onsent of the Min ister of Municipal Affairls· and the Minis,ter of Lands and F'Orests and any by-law passed thereunder by such council prior to :the C1'Ommencement 'Of ,this subs'ecti'On and which has not been rescinded p~ior to August 1, 1974 shall cease to be valid on and after that date. 23. This Act ccnnes into force on the day upon which it is assented to. 4

17. The search warrant prOVISIOn is struck out. The ordinary law governing search warrants will apply. 18. This amendment will provide authority for wildlife biolo gists to e·ffect management programs. 19.

Section 104 (1) presently reads: 104.

(1) Where any thing is seized under the authority of

section 98, subsection (1) the justice shall (

a) order the thing seized to be confiscated to the Crown in right of Alberta where (

i) he is satisfied that its owner is unknown and that it has been used in connection with a contravention of this Act or the regulations, 'Or (ii) it is used in c'Onnection with an offence under

section 24, 45 'Or 52 in respect of which a conviction is adjudged, (

b) in any ·case where the thing seized is wildlife, order the wildlife confiscated to the Crow.n in right of Alberta uP'On a conviction for any offence under this Act or the reguhl;ti'OnS, and (

c) return the thing seized to the person from whom it was seized after the trial, if the thing seized is not wildlife and if clause (a), subclause (ii) does not apply.

Section 10'8 reads as follows: 108. Every person who, when applying for a licence or permit or any other document required under this Act, makes' a false or misleading statement relating to his name, age, oc·cupaUon, nationality, place of residence, place of business or any other information required by the issuer, is guilty of an offence under this Act. This amendment will make it an offence for any representative of the proposed licensee to make 'a false statement. 21.

This amendment will add to the list of offences foQr which there is a minimum $50 fine the offence of allowing eatable meat of big game to be wasted, destroyed or spoiled. It also increases the fine for jacklighting and similar offences.

Section 152 (

d) presently reads: 152. The council may paSis by-laws (

d) prohibiting the discharge of guns or other firearms in any specified part or parts 'Of the municipality. 4 Title: 1974 (17th, 3rd) Bill 30, The Wildlife Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5296
Type	bill
Volume / chapter	L17 S3 5296
Language	en
Format	json
Source	PROVINCIAL
Identifier	b5ad25d98174f1ac07dddec68b5ad518be2404d4

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