Wildlife Damage Compensation Regulation

Wildlife Damage Compensation Regulation, M.R. 20/98 The Wildlife Act , C.C.S.M. c. W130 Regulation 20/98 Registered February 20, 1998 bilingual version (HTML) Table of Contents Section PART 1 COMPENSATION FOR CROP DAMAGE 1 Definitions 2 Establishment of compensation plan 3 Claims 4 Compensation 5 Limitation re extended grazing forage 5.1 Limitation re stored forage 5.2 Limitation re all other eligible agricultural products 5.3 Limitation re certain properties 5.4 Reduction of compensation 5.5 Minimum compensation 5.6 Limitation re straw 6 Subsequent claims 7 Crop compensation payments 8 No double recovery 9 Recovery of monies paid in error 9.1 Appeal of decision of the corporation 9.2 Binding effect PART 2 COMPENSATION FOR LIVESTOCK PREDATION 10 Definitions 11 Authorization by Minister of Agriculture 12 Establishment of compensation plan 13 Eligibility 14 Claims 15 Compensation 16 Livestock value 17 Mitigation of injury 18 Prevention measures 19 Limitation 20 Recovery of monies paid in error 21 Repealed 21.1 Appeal of assessment 21.2 Binding effect PART 3 REPEAL 22 Manitoba Regulations 28/88 R and 198/89 repealed 23 Repealed PART 1 COMPENSATION FOR CROP DAMAGE Definitions 1 In this Part, "agricultural product" means (a) a field crop, including a barley, bean, buckwheat, canaryseed, canola/rapeseed, corn, fababean, field pea, flax, hemp grain, lentil, mixed grain, oat, rye, soybean, sunflower, tame mustard, triticale or wheat crop, (b) a legume, including alfalfa and clovers, (c) a novel crop, including quinoa, or (d) greenfeed, sorghum, sudan grass, tame grasses, tame millet or timothy; (« produit agricole ») "AgriInsurance program" means the AgriInsurance Program administered by the corporation under the most recent version of the AgriInsurance Regulation made under The Manitoba Agricultural Services Corporation Act , and includes the contract provided for in the regulation; (« programme d'Agri-protection ») "bee compensation payment" means a payment for loss or damage to an eligible honey product or eligible leafcutter product caused by game animal or wild bird in an amount determined by the corporation, subject to the limits set out in subsection 2(3); (« indemnité relative aux abeilles ») "claimant" means a person who owns, or has a leasehold interest in, an eligible agricultural product, eligible honey product or eligible leafcutter product at the time loss or damage occurs to the product; (« auteur d'une demande ») "corporation" means Manitoba Agricultural Services Corporation; (« Société ») "crop compensation payment" means a payment for loss or damage to an eligible agricultural product caused by game animal or wild bird in an amount determined in accordance with section 7, subject to the limits set out in subsection 2(3); (« indemnité de récolte ») "crop year" means the period from April 1 in any year until March 31 in the following year; (« année-récolte ») "dollar value" means (a) for an eligible agricultural product, other than stored forage, the price per tonne of the guaranteed grade of the eligible agricultural product for the crop year in which the eligible agricultural product would normally have been harvested, as offered or determined by the corporation in accordance with subsection 7(2); and (b) for an eligible agricultural product that is stored forage, (i) the price per tonne of the guaranteed grade of the eligible agricultural product for the crop year in which the loss or damage occurs, as offered or determined by the corporation in accordance with subsection 7(2), or (ii) if the loss or damage is of a continuing nature, as determined by the corporation, the price per tonne of the guaranteed grade of the eligible agricultural product for the crop year in which the loss or damage first commenced, as offered or determined by the corporation in accordance with subsection 7(2); (« valeur vénale ») "eligible agricultural product" means (a) an agricultural product that is standing, mowed or swathed, (b) extended grazing forage, (c) stored forage, (d) standing strawberries and strawberry plants, and (e) standing vegetables; (« produit agricole admissible ») "eligible honey product" means honey, honeybees or broods contained in beehives when a loss or damage occurs, and beehives and related equipment, in each case located in Manitoba; (« produit de miel admissible ») "eligible leafcutter product" means either or both of the following when used in active field service in Manitoba: (a) leafcutter eggs and larvae, existing at the time the loss or damage occurs, to be used in crop production, (b) leafcutter bee field shelters and nesting materials and the equipment located in field shelters and used in respect of the leafcutter bees housed in the shelters; (« produit d'abeille découpeuse admissible ») "eligible storage site" means (a) a location (i) that is physically accessible and is monitored on a daily basis for loss or damage by game animal or wild bird, (ii) in which measures to prevent loss or damage by game animal or wild bird can be readily applied, and (iii) that accounts for not less than 15 acres of production of an eligible agricultural product, unless the location represents the entire production of the field, or (b) a location that does not meet the requirements of clause (a), but contains eligible agricultural products that have been baled and cannot be removed from the field by the claimant on a timely basis as a result of excess moisture, all as determined by the corporation; (« site d'entreposage admissible ») "extended grazing forage" means a livestock feed crop, other than standing hay or pasture, that (a) is intentionally left standing by a claimant after its expected harvesting time for the purpose of grazing, or (b) is intentionally left in a field in swaths or bales by a claimant for the purpose of grazing; (« culture fourragère de pacage prolongé ») "field" means a contiguous area of land in Manitoba put to a particular use, all as determined by the corporation; (« champ ») "forage" means crops harvested in the vegetative stage for use as livestock feed, and includes greenfeed, silage, tame hay and native hay; (« fourrage ») "game animal" means bear, deer, elk, moose, raccoon or wood bison but does not include a wild animal of any of those kinds that is (a) privately owned, (b) held under authority of a permit or licence issued under The Wildlife Act , The Livestock Industry Diversification Act or regulations under either of those Acts, or (c) held in captivity without lawful authority; (« gibier ») "guaranteed grade" means the grade or other specification for an eligible agricultural product as determined by the corporation; (« qualité garantie ») "harvest" and "harvested" have the same meaning as in the AgriInsurance program; (« récolte » ou « récolté ») "insurable crop" means a crop designated as an insurable crop under the AgriInsurance program; (« culture assurable ») "intercept feeding" means the placing of an eligible agricultural product as an enticement for the purpose of wildlife management, baiting, research or the protection of property, as determined by the corporation; (« nourrissage par interception ») "lure crop" means any eligible agricultural product that is grown or purchased and is used as an enticement for the purpose of wildlife management, baiting, research or the protection of property, all as determined by the corporation; (« culture de diversion ») "native hay" means (a) stands of native species of (i) grasses, including, without limitation, slough grass and invasive species such as quackgrass, (ii) legumes, (iii) sedges, and (iv) reeds, (b) stands consisting of any one or more of the native species referred to in clause (a) in combination with tame species of grasses or legumes, or (c) stands referred to in clause (a) or (b) in respect of which productivity-enhancing management practices, such as the application of fertilizer or herbicides, are conducted, intended to be harvested for the purposes of producing feed for livestock, as determined by the corporation; (« foin indigène ») "novel crop" has the same meaning as in the AgriInsurance program; (« culture non traditionnelle ») "production loss" means the difference between (a) the appraised production in tonnes of the eligible agricultural product that would have occurred in the absence of the loss or damage in respect of which a compensation claim is made, and (b) the appraised production in tonnes of the eligible agricultural product taking into consideration the loss or damage that has occurred, adjusted to the equivalent production at the guaranteed grade, provided that an adjustment shall not apply where the grade of appraised production after the loss or damage has occurred is equal to or greater than the guaranteed grade, all as determined by the corporation; (« perte de production ») "storage" means the placement of a crop in an eligible storage site after harvesting; (« entreposage ») "stored forage" means forage that is in storage; (« fourrage entreposé ») "volunteer crop" means any crop, excluding native hay, not intentionally sown, as determined by the corporation; (« culture spontanée ») "wild bird" means blackbirds, birds of the family Corvidae, ducks, geese and sandhill cranes but does not include a wild bird of any of those kinds that is (a) privately owned, (b) held under authority of a permit or licence issued under The Wildlife Act or regulations under that Act, or the Migratory Birds Regulations, 2022 , SOR/2022-105, under the Migratory Birds Convention Act, 1994 (Canada), or (c) held in captivity without lawful authority; (« oiseau sauvage ») "wildlife damage compensation agreement" means the agreement between the Government of Canada and the Government of Manitoba, as amended, extended or replaced from time to time, respecting compensation for damage to crops by wildlife and for losses respecting livestock caused by predation; (« Entente sur l'indemnisation des dommages causés par la faune ») M.R. 120/98; 172/2002 ; 140/2004 ; 27/2011 ; 58/2016 ; 120/2020 ; 24/2025 ; 28/2026 Establishment of compensation plan 2(1) There is hereby established a plan for the compensation of loss or damage to eligible agricultural products caused by game animal or wild bird, or both, to eligible honey products caused by bear and to eligible leafcutter products caused by game animal. 2(2) The plan established under subsection (1) and compensation paid pursuant to the plan shall be funded by monies appropriated for that purpose by the legislature or by the Parliament of Canada, or both, in accordance with the wildlife damage compensation agreement. 2(3) A compensation payment for a claim under this Part is limited, (a) for a crop compensation payment for extended grazing forage, to 45% of the payment that would otherwise be payable in the absence of this subsection; or (b) for a bee compensation payment or a crop compensation payment for any other eligible agricultural product, to 90% of the payment that would otherwise be payable in the absence of this subsection. M.R. 140/2004 ; 27/2011 ; 36/2012 ; 120/2020 ; 28/2026 Claims 3(1) A claimant wishing to make a claim for loss or damage to an eligible agricultural product by game animal or wild bird, to an eligible honey product by bear or to an eligible leafcutter product by game animal, shall notify the corporation, on the form required by the corporation from time to time for that purpose, within 72 hours after the occurrence of the loss or damage. 3(2) If a claimant fails to notify the corporation of any loss or damage within the time limit set out in subsection (1), the corporation may deny any crop or bee compensation payment, as the case may be, that would otherwise be payable in respect of the loss or damage. 3(3) A notice of loss or damage filed with the corporation by a claimant shall identify each type of eligible agricultural product, eligible honey product or eligible leafcutter product lost or damaged. 3(4) Upon receipt of notice of loss or damage in the manner and within the time provided for in this section, the corporation shall appraise the loss or damage. 3(5) An eligible agricultural product, eligible honey product or eligible leafcutter product in respect of which a crop or bee compensation payment is claimed shall not be harvested, baled, grazed, altered or otherwise dealt with in any way that results in destruction of evidence of the loss or damage or its extent, until (a) the corporation completes an appraisal of the loss or damage, and the time for appeal set out in subsection 9.1(2) has expired; or (b) where there is an appeal by the claimant under section 9.1 in relation to the payment claimed, the appeal tribunal completes its appraisal of the loss or damage, or otherwise consents to the harvesting, baling, grazing, altering or dealing with the product; whichever occurs first. 3(6) No crop compensation payment will be payable under this regulation if the acreage affected by the loss or damage is less than 2 acres, unless the corporation is of the opinion that the affected acreage was seeded for commercial production. M.R. 2/2000 ; 172/2002 ; 27/2011 ; 120/2020 ; 28/2026 Compensation 4(1) Except as otherwise provided in this regulation and subject to the limits set out in subsection 2(3), if the corporation is satisfied that the loss of or damage to an eligible agricultural product has been caused by game animal or wild bird, including loss or damage caused by fecal contamination of game animal or wild bird, the claimant shall be entitled to a crop compensation payment. 4(2) Except as otherwise provided in this regulation and subject to the limits set out in subsection 2(3), if the corporation is satisfied (a) that the loss of or damage to an eligible honey product has been caused by bear; or (b) that the loss of or damage to an eligible leafcutter product has been caused by game animal; the claimant shall be entitled to a bee compensation payment. 4(2.1) Despite subsections (1) and (2), a crop compensation payment or bee compensation payment shall be calculated only on the basis of the actual loss or damage that has occurred and not on the basis of any potential future value that may not be realized as a result of the original loss or damage. 4(2.2) Despite subsection 4(2.1) and in the discretion of the corporation, compensation for strawberries may include all or part of any potential future production loss up to one year's harvest of the strawberries. 4(3) Despite subsection (1), if the land on which loss or damage to any eligible agricultural product has occurred is shown on the records of the corporation as being land of an insured person under the AgriInsurance program for the crop year in which the loss or damage occurred, only the person or persons recorded under the AgriInsurance program as having an interest in the eligible agricultural product on such land shall be entitled to be paid a crop compensation payment. 4(4) If the corporation's records relating to the AgriInsurance program indicate that more than one person has an interest in an eligible agricultural product in respect of loss or damage to which a claim has been made under this regulation, the corporation shall pay the crop compensation payment to such persons in the same proportion as the shares disclosed in the corporation's records. 4(5) A claimant who receives a crop or bee compensation payment where there are other claimants to that payment shall be deemed to hold the payment on behalf and to the credit of those other claimants to the extent that the amount of the payment exceeds the amount to which the claimant is lawfully entitled based on their share or percentage interest in the eligible agricultural product, eligible honey product or eligible leafcutter product. 4(6) Despite any other provisions of this regulation but subject to the claimant complying with the provisions of subsections 3(1), 3(3) and 3(5), the Minister of Agriculture may authorize a crop compensation payment for loss or damage caused by game animal or wild bird to an agricultural crop that is not an eligible agricultural product and, where such payment is so authorized, the amount of the crop compensation payment shall be calculated, and the payment shall be made in the same manner, as if the crop was an eligible agricultural product. 4(6.1) When a claim is made under subsection 3(1) and the affected eligible agricultural product is a vegetable, other than a vegetable insurable under the AgriInsurance program, a crop compensation payment will only be made in respect of the claim if (a) the corporation, in its opinion, can determine the amount of the loss or damage and establish a dollar value for the affected eligible agricultural product; and (b) the claim is otherwise acceptable to the corporation in accordance with this regulation. 4(7) If loss or damage occurs to an eligible agricultural product at a time when it is determined by the corporation to be agronomically feasible to grow another crop in the same crop year on the land where the loss or damage occurred, the crop compensation payment shall be adjusted in accordance with the procedures for indemnity payments under the AgriInsurance program and, if the affected eligible agricultural product is not an insurable crop under the AgriInsurance program, the crop compensation payment shall be adjusted as determined by the corporation. 4(8) The corporation may pay all or part of a crop or bee compensation payment to a claimant in the form of materials to be used by the claimant for the purpose of instituting measures to prevent future damage to the eligible agricultural product, eligible honey product or eligible leafcutter product in respect of which the loss or damage claim has been allowed by the corporation. 4(9) The corporation may deduct from a crop or bee compensation payment all or any part of any sum owed by the claimant to the corporation, whether under the AgriInsurance program or otherwise. 4(10) Neither a crop compensation payment nor a bee compensation payment, payable by the corporation under this regulation, is assignable. 4(11) Once a crop or bee compensation payment has been made by the corporation in accordance with the provisions of this regulation, the corporation is released, to the extent of such payment, from any requirement to make a payment to any other claimant in respect of the same loss or damage. M.R. 120/98; 172/2002 ; 140/2004 ; 27/2011 ; 58/2016 ; 120/2020 ; 24/2025 ; 28/2026 Limitation re extended grazing forage 5 A crop compensation payment is not payable for extended grazing forage if the corporation determines that the claimant (a) failed to have it grazed in a timely manner; or (b) did not intend to use it as extended grazing forage. M.R. 172/2002 ; 140/2004 ; 27/2011 ; 120/2020 Limitation re stored forage 5.1 A crop compensation payment is not payable for stored forage in an eligible storage site if the claimant failed to accept, construct or maintain a barrier fence as required by the Department of Agriculture. M.R. 120/2020 ; 24/2025 Limitation re all other eligible agricultural products 5.2 A crop compensation payment is not payable for any eligible agricultural product not mentioned in section 5 or 5.1 if (a) it has been harvested; (b) the corporation determines that the claimant was using it or intended to use it as a lure crop or for intercept feeding; or (c) the corporation determines the claimant failed to harvest it in a timely manner. M.R. 120/2020 Limitation re certain properties 5.3 A crop compensation payment is not payable for an eligible agricultural product, eligible honey product or eligible leafcutter product that is planted or located on land designated or described as (a) a provincial park under The Provincial Parks Act and the regulations under that Act; (b) a national park, national historic site or national park reserve under the Canada National Parks Act and the schedules and regulations under that Act; (c) a public shooting ground under The Crown Lands Act and the regulations under that Act; or (d) a wildlife management area under The Wildlife Act and the regulations under that Act. M.R. 120/2020 Reduction of compensation 5.4 Despite any other provision of this regulation, the corporation may reduce or refuse to make a bee compensation payment or a crop compensation payment if the corporation determines that (a) the loss of or damage to an eligible agricultural product is the direct or indirect result of late seeding or inappropriate seeding, harvesting or other farming practices; (b) the eligible agricultural product was seeded on land where the product or the land would be uninsurable under the provisions of the AgriInsurance program; (c) the loss or damage occurred as a result of (i) insufficient surveillance of the eligible agricultural product, eligible honey product or eligible leafcutter product, or (ii) improper storage of the eligible agricultural product; (d) the eligible agricultural product is a volunteer crop; (e) the eligible leafcutter product was lost or damaged on or before May 1 or on or after October 1 in any year; (f) if the eligible leafcutter product is a leafcutter bee field shelter, the loss of or damage to that field shelter was the direct or indirect result of the field shelter not being anchored securely to the ground; (g) the eligible honey product was lost or damaged on or before March 1 or on or after December 1 in any year; (h) the loss or damage occurred to stored forage and the claimant, without reasonable excuse, failed to keep the stored forage in an eligible storage site with a barrier fence when required to do so under section 5.1; or (i) the claimant contravened this regulation in any other manner. M.R. 120/2020 Minimum compensation 5.5 A bee compensation payment or a crop compensation payment is not payable under this regulation if the corporation determines that the aggregate amount otherwise payable in respect of any one notice of loss or damage submitted by a claimant is less than $100. M.R. 120/2020 Limitation re straw 5.6 Despite any other provision of this regulation, a crop compensation payment is not payable for loss or damage to an eligible agricultural product if the corporation determines that the product is being used as straw or as any other by-product of its primary utilization. M.R. 120/2020 Subsequent claims 6(1) Where a claimant suffers a loss of, or an occurrence of damage to, an eligible agricultural product, eligible honey product or eligible leafcutter product and would otherwise be entitled to a crop or bee compensation payment, as the case may be, the corporation may, in consultation with such qualified person as the corporation may determine, recommend to the claimant in writing that prevention measures be instituted by the claimant to avoid the recurrence of such loss or damage and, if such recommendations are made, the claimant shall take all necessary actions to implement such recommendations. 6(2) Where the corporation has made recommendations in accordance with subsection (1) and the claimant suffers a second or subsequent loss of, or an occurrence of damage to, an eligible agricultural product, eligible honey product or eligible leafcutter product and would otherwise be entitled to a second or subsequent crop or bee compensation payment, as the case may be, and the claimant has failed to comply with those recommendations, the corporation may do one or more of the following: (a) refuse to make the second or subsequent crop or bee compensation payment to the claimant; (b) reduce by an amount determined by the corporation the second or subsequent crop or bee compensation payment to be paid to the claimant; (c) retain all or a part of the second or subsequent crop or bee compensation payment otherwise payable to the claimant until such time as the claimant has provided evidence satisfactory to the corporation that the claimant has instituted the recommended prevention measures. M.R. 120/98; 2/2000 ; 120/2020 Crop compensation payments 7(1) The corporation must determine a crop compensation payment in accordance with the following formula: A = (B × C) + (D × E) In this formula, A is the crop compensation payment; B is the claimant's production loss in relation to the eligible agricultural product; C is the dollar value of the claimant's lost or damaged eligible agricultural product; D is the number of strawberry plants that were lost or damaged if the eligible agricultural product is strawberries, and is zero in all other cases; E is the dollar value for each strawberry plant determined by the corporation for the crop year in which the loss or damage occurred if the eligible agricultural product is strawberries, and is zero in all other cases. 7(2) The dollar value in each crop year is, (a) for an eligible agricultural product insured under the contract price option of the AgriInsurance program at the time of loss or damage, the dollar value provided for the product under that option; or (b) for any other eligible agricultural product, (i) the maximum dollar value offered by the corporation for the crop year under the AgriInsurance program, or (ii) an amount determined by the corporation, if no dollar value is offered by the corporation under subclause (i). 7(3) For the purpose of subclause 7(2)⁠(b)⁠(i), the maximum dollar value offered by the corporation for any crop year under the AgriInsurance program includes any hay disaster benefit paid or payable for the crop under the program. M.R. 27/2011 ; 120/2020 ; 24/2025 No double recovery 8 The corporation shall be entitled to deduct the amount of any payment made under this regulation in respect of loss or damage to an eligible agricultural product from any indemnity payable in respect of that eligible agricultural product for the same loss or damage under the AgriInsurance program, in all cases as determined by the corporation. M.R. 27/2011 ; 120/2020 Recovery of monies paid in error 9 Where a crop or bee compensation payment is paid to any person (a) in reliance on (i) misinformation given by that person, or (ii) the failure by that person to disclose to the corporation any relevant information; or (b) due to an error by the corporation; the amount paid is recoverable as a debt due to the corporation. M.R. 120/98 Appeal of decision of the corporation 9.1(1) A claimant may appeal to the appeal tribunal continued under section 38 of The Manitoba Agricultural Services Corporation Act (a) a decision of the corporation regarding (i) the cause of the loss of or damage to an eligible agricultural product, eligible honey product or eligible leafcutter product, or (ii) the amount of production loss to be applied by the corporation in the calculation of a crop compensation payment or the quantity of the eligible honey product or eligible leafcutter product to be applied by the corporation in the calculation of a bee compensation payment, other than a decision of, or determination by, the corporation relating to (A) dollar value amounts for eligible agricultural products established by the corporation under section 7, (B) grade guarantees for eligible agricultural products, or (C) quality adjustments applied by the corporation in determining production loss; or (b) any of the following decisions of the corporation arising from its determination that one or more of the matters contemplated by clause 5.4(a), (c), (d), (f) or (h) has occurred or is applicable: (i) a refusal to make a bee compensation payment or a crop compensation payment, (ii) a reduction of the amount of the production loss to be applied by the corporation in the calculation of a crop compensation payment, (iii) a reduction of the quantity of the eligible honey product or eligible leafcutter product to be applied by the corporation in the calculation of a bee compensation payment. 9.1(2) A claimant who wishes to make an appeal under subsection (1) shall, within seven days of receipt of notice from the corporation as to the corporation's decision, refusal or reduction, deliver a written notice of appeal to the appeal tribunal and the corporation setting out in detail the claimant's reasons for appeal. 9.1(3) A notice of appeal under subsection (2) shall be personally delivered or delivered by a service that provides guaranteed delivery and proof of receipt by the intended recipient. 9.1(4) Sections 38 to 43 of The Manitoba Agricultural Services Corporation Act apply, with necessary changes, to appeals under this section. 9.1(5) [Repealed] M.R. 27/2011 9.1(6) The corporation shall notify a claimant in writing (a) of the corporation's decision regarding the cause of loss or damage to an eligible agricultural product, eligible honey product or eligible leafcutter product, and (i) of the corporation's decision regarding the amount of production loss to be applied by the corporation in the calculation of a crop compensation payment or the quantity of the eligible honey product or eligible leafcutter product to be applied by the corporation in the calculation of a bee compensation payment and, where there has been a reduction of that amount or quantity for any of the reasons set out in clause 5.4(a), (c), (d), (f) or (h), of the amount of the reduction and the reason for it, or (ii) of the corporation's refusal to make a crop or bee compensation payment for any of the reasons set out in those clauses; and (b) of the claimant's right under subsection (1) to appeal the decision, refusal or reduction. M.R. 2/2000 ; 172/2002 ; 140/2004 ; 27/2011 ; 120/2020 Binding effect 9.2 If a claimant fails to appeal within the 7-day time period set out in subsection 9.1(2), the corporation's decision under clause 9.1(1)⁠(a) or its refusal or reduction under clause 9.1(1)⁠(b) shall be final and binding on the claimant, and no appeal to the appeal tribunal is available. M.R. 2/2000 ; 172/2002 PART 2 COMPENSATION FOR LIVESTOCK PREDATION Definitions 10 In this Part, "claimant" means a person who owns, or has a leasehold interest in, livestock at the time of the death of, or injury to, the livestock, and includes a partnership and an unincorporated association of persons; (« auteur d'une demande ») "exotic game" means (a) bison, fallow deer, llamas, alpacas, ostriches, emus and other ratites, and (b) game production animals within the meaning of The Livestock Industry Diversification Act , and includes such other kinds or types of animals as may be authorized by the Minister of Agriculture under section 11; (« gibier exotique ») "fowl" does not include ostriches, emus and other ratites; (« volaille ») "livestock" means cattle, horses, donkeys, sheep, hogs, goats and exotic game including, without limitation, the breeding stock of such animals, but not including fowl; (« bétail ») "livestock predation" means the death of, or injury to, livestock within Manitoba resulting from a predatory attack on it by a black bear, cougar, coyote, eagle, fox, hawk, raven or other bird of the family Corvidae, vulture or wolf; (« prédation du bétail ») "livestock predation compensation payment" means the amount determined by the corporation in accordance with this Part as necessary to compensate a claimant for livestock predation, within the limits set out in subsection 15(1). (« indemnité pour la prédation du bétail ») M.R. 120/98; 2/2000 ; 172/2002 ; 140/2004 ; 27/2011 ; 36/2012 ; 58/2016 ; 120/2020 ; 24/2025 ; 28/2026 Authorization by Minister of Agriculture 11 The Minister of Agriculture may, for the purposes of the definition of exotic game in section 10, authorize the inclusion in that definition of kinds or types of animals in addition to those set out in the definition. M.R. 120/98; 172/2002 ; 140/2004 ; 58/2016 ; 120/2020 ; 24/2025 Establishment of compensation plan 12(1) There is hereby established a plan for the compensation of loss or damage resulting from livestock predation. 12(2) The plan established under subsection (1) and compensation paid pursuant to the plan shall be funded by monies appropriated for that purpose by the legislature or by the Parliament of Canada, or both, in accordance with any agreement between the Governments of Manitoba and Canada regarding the funding of the plan. M.R. 120/98 Eligibility 13(1) In order for a claimant to be eligible for a livestock predation compensation payment, (a) the claimant must demonstrate to the satisfaction of the corporation that their care and control of the livestock was in accordance with generally accepted agricultural practices at the time of the livestock predation; (b) where the payment is claimed in relation to the death of livestock, the carcass of each head of livestock for which payment is claimed must be available for investigation and assessment under subsection 14(4); and (c) the livestock's death or injury must have resulted directly from a predatory attack of the type referred to in the definition "livestock predation" in section 10, as determined by the corporation. 13(2) The corporation may reduce or refuse to make a livestock predation compensation payment if the corporation determines that the claimant did not follow reasonable practices for the prevention of livestock predation. M.R. 120/98; 2/2000 ; 172/2002 ; 120/2020 Claims 14(1) A claimant wishing to make a claim for compensation for livestock predation shall notify an agency office of the corporation or an office of a government department designated by the corporation for the purpose of receiving notices of claim of the occurrence of the livestock predation within 72 hours after learning of the death or injury, and as soon as possible after the notification, file a notice of the claim, on the form required by the corporation from time to time for that purpose, with that office. 14(2) Subject to subsection (3), if a claimant fails to provide the notification required under subsection (1) within the time limit set out in that subsection, the corporation shall deny any livestock predation compensation payment that would be otherwise payable. 14(3) Despite subsection (2), the corporation may consider a claim for compensation for livestock predation, notice of which was given after the deadline provided for in that subsection, if the corporation is satisfied that the failure to give such notice within the time specified was the result of circumstances beyond the control of the claimant. 14(4) Where a notice of claim is filed in accordance with subsection (1), a designated employee of, or person authorized by, the corporation or of a government department designated by the corporation shall investigate and assess the cause of death or injury to the livestock and report their assessment to the claimant and the corporation. 14(5) Subject to the claimant taking all necessary action to prevent further livestock predation, dead livestock shall not be moved, altered or otherwise dealt with in any way that results in the destruction of evidence as to the cause of death, until an investigation of the death has been completed. 14(6) In the case of injured livestock, the claimant shall, to the extent possible, preserve and protect all evidence of the cause and circumstances of the injury. M.R. 120/98; 2/2000 ; 120/2020 Compensation 15(1) Except as otherwise provided in this regulation, the amount of the compensation to which a claimant is entitled (a) for livestock killed is (i) 90% of the value of the livestock when the confirmed cause of death is livestock predation, and (ii) 45% of the value of the livestock when the probable cause of death is livestock predation, in all cases determined by the corporation in accordance with section 16; and (b) for livestock injured is 90% of the lesser of the following values: (i) the total value of payments by the claimant for veterinary treatment in respect of the injuries and any other out-of-pocket costs incurred by the claimant for treatment of the injuries, including drugs or medication, (ii) the value of the livestock had it died of its injuries, as determined by the corporation in accordance with section 16; but, in all cases, subject to a maximum value of $7,000 for each head of livestock killed or injured. 15(1.0.1) [Repealed] M.R. 36/2012 15(1.1) For greater certainty and subject to section 16, a livestock predation compensation payment shall be calculated on the basis of the value of the livestock at the time it was killed or injured. No consideration shall be given to any future or potential value of the livestock. 15(2) If an injured animal dies after receiving veterinary treatment or other treatment for the injury or injuries causing its death, the claimant shall notify an agency office of the corporation or an office of a government department designated by the corporation for the purpose of receiving notices of claim within 72 hours of the death of the injured animal and the amount of the livestock predation compensation payment otherwise payable in respect of the dead livestock shall be reduced by the amount, if any, already paid under this regulation for treatment of the injury or injuries. 15(3) The value of dead livestock determined under this Part may be reduced by the amount determined by the corporation to be the sale or salvage value of the livestock. 15(4) Subject to section 20, a claimant is entitled to receive their livestock predation compensation payment (a) in respect of the death of livestock, as soon as practicable after assessment of the claim; and (b) in respect of injured livestock, as soon as practicable after assessment of the claim and receipt by the corporation of evidence satisfactory to it of the expenses incurred by the claimant for treatment of the livestock in accordance with subclause (1)⁠(b)⁠(i). 15(5) The corporation may deduct from a livestock predation compensation payment payable under this regulation all or any part of any sum owed by the claimant to the corporation, whether under any other program administered by the corporation or otherwise. 15(6) A livestock predation compensation payment payable by the corporation under this regulation is not assignable. 15(7) A claimant who receives a livestock predation compensation payment where there are other claimants to that payment shall be deemed to hold the payment on behalf and to the credit of those other claimants to the extent that the amount of the payment exceeds the amount to which the claimant is lawfully entitled based on their share or percentage interest in the dead or injured livestock. 15(8) Once a livestock predation compensation payment has been made by the corporation in accordance with the provisions of this regulation, the corporation is released, to the extent of such payment, from any requirement to make a payment to any other claimant in respect of the same occurrence of livestock predation. 15(9) The corporation's determination of the amount of a livestock predation compensation payment is final and binding on the claimant and is not subject to appeal or review by a court. M.R. 120/98; 2/2000 ; 172/2002 ; 140/2004 ; 27/2011 ; 36/2012 ; 58/2016 ; 120/2020 ; 24/2025 Livestock value 16(1) The corporation shall, in consultation with the Department of Agriculture, determine the value of different kinds and classes of livestock for the purposes of this Part based on the commercial market value of livestock of the kind or class. 16(2) For the purpose of determining values under subsection (1), the values of young livestock may reflect the weight of the specific kind and class of livestock at the earliest age that the livestock would normally be weaned, as determined by the corporation. M.R. 120/98; 172/2002 ; 140/2004 ; 58/2016 ; 120/2020 ; 24/2025 Mitigation of injury 17(1) A claimant shall take all reasonable action to mitigate any injury to livestock including, without limitation, ensuring that the injured animal receives prompt and professional veterinary or other treatment with respect to its injuries. 17(2) Where the cost of treatment of injured livestock has been increased by a claimant's failure to provide prompt veterinary or other treatment in accordance with subsection (1) or the livestock dies as a result of such a failure, the amount of a livestock predation compensation payment, otherwise payable under this regulation, may be reduced by an amount determined by the corporation. M.R. 120/98; 120/2020 Prevention measures 18(1) A claimant who is entitled to compensation under this Part shall institute such prevention measures to avoid the recurrence of livestock predation as the corporation, in consultation with such qualified person as the corporation may determine, recommends to the claimant in writing. 18(2) Where the corporation has made recommendations in accordance with subsection (1) and the claimant suffers a further incident of livestock predation and would otherwise be entitled to a second or subsequent livestock predation compensation payment, and the claimant has failed to comply with those recommendations, the corporation may do one or more of the following: (a) refuse to make the second or subsequent livestock predation compensation payment to the claimant; (b) reduce by an amount determined by the corporation the second or subsequent livestock predation compensation payment to be paid to the claimant; (c) retain all or a part of the second or subsequent livestock predation compensation payment otherwise payable to the claimant until such time as the claimant has provided evidence satisfactory to the corporation that the claimant has instituted the prevention measures recommended to them. M.R. 120/98; 2/2000 ; 120/2020 Limitation 19 Unless otherwise authorized by the corporation, no livestock predation compensation payment is payable under this regulation if the injury or death to livestock occurs on land that is designated or described as (a) a provincial park under The Provincial Parks Act and the regulations under that Act; (b) a national park, national historic site or national park reserve under the Canada National Parks Act and the schedules and regulations under that Act; (c) a public shooting ground under The Crown Lands Act and the regulations under that Act; or (d) a wildlife management area or wildlife refuge under The Wildlife Act and the regulations under that Act. M.R. 120/98; 27/2011 Recovery of monies paid in error 20 Where a livestock predation compensation payment is paid to any person (a) in reliance on (i) misinformation given by that person, or (ii) the failure by that person to disclose any relevant information to the corporation, a designated government department, or a person carrying out an investigation or assessment under this regulation; or (b) due to an error by the corporation, a designated government department, or a person carrying out an investigation or assessment under this regulation, or any combination of them; the amount paid is recoverable as a debt due to the corporation. M.R. 120/98; 2/2000 21 [Repealed] M.R. 120/98; 172/2002 Appeal of assessment 21.1(1) A claimant who wishes to appeal the assessment of the cause of death of or injury to the claimant's livestock may appeal the assessment to the appeal tribunal continued under section 38 of The Manitoba Agricultural Services Corporation Act . 21.1(2) A claimant who wishes to make an appeal under subsection (1) shall, within seven days of receipt of notice of the assessment, deliver a written notice of appeal to the appeal board and the corporation setting out in detail the claimant's reasons for appeal. 21.1(3) A notice of appeal under subsection (2) shall be personally delivered or delivered by a service that provides guaranteed delivery and proof of receipt by the intended recipient. 21.1(4) Sections 38 to 43 of The Manitoba Agricultural Services Corporation Act apply, with necessary changes, to appeals under this section. 21.1(5) [Repealed] M.R. 27/2011 21.1(6) The corporation or, where a government department has been designated under subsection 14(4), the designated department shall notify a claimant in writing (a) of its assessment of the cause of death of or injury to the claimant's livestock; and (b) of the claimant's right under subsection (1) to appeal the assessment. M.R. 2/2000 ; 172/2002 ; 27/2011 Binding effect 21.2 If a claimant fails to appeal within the 7-day time period set out in subsection 21.1(2), the corporation's assessment of the cause of death or injury to the claimant's livestock under subsection 15(1) shall be final and binding on the claimant, and no appeal to the appeal tribunal is available. M.R. 2/2000 ; 172/2002 PART 3 REPEAL Manitoba Regulations 28/88 R and 198/89 repealed 22 The Compensation for Loss or Damage to Crops by Migratory Game Birds Regulation , Manitoba Regulation 28/88 R, and the Wildlife Crop Damage Compensation Regulation , Manitoba Regulation 198/89, are repealed. M.R. 120/98 23 [Repealed] M.R. 120/98; 172/2002