Allocation of Hunting Licences Regulation

Allocation of Hunting Licences Regulation, M.R. 77/2006 The Wildlife Act , C.C.S.M. c. W130 Regulation 77/2006 Registered March 27, 2006 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions ALLOCATION OF HUNTING LICENCES 2 Eligible operators 3 Request for allocation 4 When licences may be allocated 5 Considerations in making allocation 6 Allocation fee ALLOCATION AGREEMENTS 7 Allocation agreement 8 Renewal 9 Termination if operator no longer eligible PROHIBITIONS 10 Licences may be issued only to clients 11 Guiding services in accordance with agreement REDUCTIONS, AND CHANGES TO ALLOCATIONS 12 Reduction for failing to meet sales target 13 Reduction or alteration due to species decline 14 Resolving conflicts TRANSFER 15 No transfer without approval 16 Sales information to department 17 Transitional — existing allocated licences 18 Transitional — grandfathered operators DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Wildlife Act . («  Loi  ») "allocation agreement" means an agreement made under section 7 under which hunting licences are allocated to an operator. (« entente d'attribution ») "department" means the department of government over which the minister presides and through which the Act is administered. (« ministère ») "guide" means a person who holds a guide licence issued under the Act . (« guide ») "operator" means a person referred to in section 2. (« exploitant ») "outfitter" means a person who holds an outfitter licence issued under The Resource Tourism Operators Act . (« pourvoyeur ») M.R. 128/2022 ALLOCATION OF HUNTING LICENCES Eligible operators 2 The following are eligible to receive an allocation of hunting licences under this regulation: (a) a holder of an outfitter licence under The Resource Tourism Operators Act , if (i) the capital assets of the holder's operation exceed $350,000., or (ii) the holder is (A) an individual who is a resident of Manitoba, (B) a partnership in which all of the partners are residents of Manitoba, or (C) a corporation in which a majority of the equity shares are held by residents of Manitoba; (b) an applicant for an outfitter licence under The Resource Tourism Operators Act who will be able to satisfy subclause (a)⁠(i) or (ii) if he or she is granted an outfitter licence; (c) a guide who is authorized under subsection 55(4) of the Act to issue hunting licences. Request for allocation 3(1) In order to be eligible to receive an allocation of hunting licences or additional hunting licences in an area, an operator must make a written request to the department. Additional information 3(2) The operator must give the department any additional information it requests about the operator's operations. M.R. 128/2022 When licences may be allocated 4 The department may allocate new hunting licences for a particular species of animal in an area to operators if it determines that there is a sufficient number of the species in the area to allow additional hunting opportunities after taking into account the expected harvest of that species in the game hunting area by (a) residents of Manitoba; and (b) clients of operators who are hunting under hunting licences that have already been allocated. M.R. 128/2022 Considerations in making allocation 5 The department may take into account any factor it considers appropriate when allocating hunting licences. Without limiting its discretion, the department may consider the following: (a) the experience of an operator in providing guiding services to hunters of the species in question; (b) whether an operator is based in the area in question, or in the surrounding area; (c) the need to provide a sufficient number of hunting licences to make a new or existing operation commercially viable; (d) the capital investment made by an operator; (e) the record of an operator in successfully marketing hunting licences already allocated to the operator; (f) the record of an operator in complying with all applicable statutes and regulations. M.R. 128/2022 Allocation fee 6 If an allocation fee for a particular kind, class or type of hunting licence has been established under The Wildlife Fees and Royalties Regulation , Manitoba Regulation 31/92, an operator must pay that fee to the department for each licence of that kind, class or type allocated to him or her. ALLOCATION AGREEMENTS Allocation agreement 7(1) An operator who has been allocated hunting licences must enter into an agreement with the department that sets out the terms and conditions under which the licences have been allocated. Terms and conditions of allocation agreement 7(2) The terms and conditions of an allocation agreement may include, but are not limited to, the following: (a) the number and type of hunting licences allocated to the operator; (b) the term of the allocation agreement; (c) the specific area in which the operator is authorized to provide guiding services to clients who purchase the allocated licences from the operator; (d) the department's expectations respecting sales of the allocated licences by the operator during the term of the allocation agreement, and the consequences on the allocation if the operator fails to meet the sales expectations during the term of the allocation agreement; (e) the consequences on the allocation if the operator contravenes an Act or regulation specified in the agreement. Renewal 8 The department may renew an allocation agreement with an operator after the agreement expires, if (a) there is a sufficient population of the species in question that renewal of the agreement would not adversely affect the population; and (b) the operator (i) continues to meet the applicable eligibility requirements in section 2, (ii) has provided guiding services to persons who purchased the allocated hunting licences, in accordance with the terms and conditions of the previous allocation agreement, (iii) has met the department's sales expectations for the licences allocated under the previous allocation agreement, (iv) has complied with all other terms and conditions of the previous allocation agreement, and (v) has complied with the Act, the Migratory Birds Convention Act, 1994 (Canada) and all regulations made under those Acts during the term of the previous agreement. Termination if operator no longer eligible 9(1) All allocation agreements with an operator are immediately terminated if (a) in the case of an outfitter, the operator no longer (i) holds a valid outfitter's licence under The Resource Tourism Operators Act , or (ii) meets the eligibility requirements of clause 2(a); (b) in the case of a guide, the operator no longer holds a valid guide licence under the Act. Licences must be returned 9(2) When an allocation agreement is terminated, the operator must immediately return to the department all hunting licences that have been allocated to the operator. PROHIBITIONS Licences may be issued only to clients 10(1) No operator shall issue an allocated hunting licence to a person unless the operator provides guiding services to the person. Restriction on providing guiding services 10(2) Subject to subsection (2.1), no operator who receives an allocation of hunting licences shall provide guiding services to a person hunting under an allocated hunting licence unless (a) the licence was allocated to the operator; or (b) the licence was transferred to the operator under section 15. When operator can guide for another operator 10(2.1) An operator who has received an allocation of hunting licences may provide guiding services to the client of another operator who is hunting under an allocated hunting licence if the operator (a) has received prior authorization from the department permitting the operator to provide guiding services to clients of the other operator; and (b) only provides guiding services to clients of the other operator. For greater certainty, the operator must not provide accommodation facilities, supplies or equipment to the other operator's clients, but he or she may transport the other operator's clients or provide the use of a vehicle to those clients. Licences may not be transferred 10(3) No operator shall sell, trade or otherwise transfer an allocated licence to another guide or outfitter unless authorized to do so under section 15. M.R. 136/2008 ; 184/2010 Guiding services in accordance with agreement 11 No operator who receives an allocation of hunting licences shall provide guiding services to persons who purchase the allocated licences except in accordance with the terms and conditions of the allocation agreement. For greater certainty, the operator shall not provide guiding services outside the area authorized under the allocation agreement. REDUCTIONS, AND CHANGES TO ALLOCATIONS Reduction for failing to meet sales target 12(1) If an operator fails to meet the sales expectations for the allocated hunting licences set out in the allocation agreement, the department may reduce the number of licences allocated to the operator, in accordance with the terms of the allocation agreement. Exception 12(2) The department may not reduce the allocation if the operator provides it with a satisfactory explanation for failing to meet the sales expectations for the allocated licences. Reduction or alteration due to species decline 13 If there is a general decline in the population of a species for which hunting licences have been allocated to an operator, the department may (a) immediately reduce the number of hunting licences for that species allocated to the operator; or (b) unilaterally amend the allocation agreement to change the specific area in which the operator is authorized to offer guiding services to clients. Resolving conflicts 14(1) An operator must meet with department officials to attempt to resolve (a) any conflict that has arisen or may arise between the operator and a new operator who is authorized to provide guiding services in the same area in which that operator is authorized to provide guiding services; or (b) a conflict with another operator or any other person in the area in which the operator is authorized to provide guiding services. Revision of allocation agreement 14(2) If the operator and the department are unable to reach an agreement to resolve the conflict, the department may unilaterally amend the operator's allocation agreement to change the specific area in which the operator is authorized to offer guiding services. The department must make the smallest change to the allocation agreement that it considers necessary to resolve the conflict. TRANSFER No transfer without approval 15(1) No operator shall transfer all, or part, of an allocation of hunting licences to another guide or outfitter without the prior written approval of the department. Application for transfer 15(2) An operator who wishes to transfer an allocation of hunting licences must apply in writing to the department. Decision on transfer application 15(3) The department may, after taking into account the factors set out in section 5 that relate to the proposed transferee, (a) approve or refuse the application; or (b) approve the transfer subject to conditions that are binding upon the transferee. Sales information to department 16 An operator who has received an allocation of hunting licences must give the department any information it requests about sales of the allocated licences. Transitional — existing allocated licences 17 Nothing in this regulation affects an allocation of hunting licences to an operator that was made before the coming into force of this regulation. However, the operator must enter into an allocation agreement with the department respecting those licences, and all provisions of this regulation apply to those licences. Transitional — grandfathered operators 18(1) An outfitter who was authorized to act as a vendor of hunting licences under subsection 55(4) of the Act immediately before the coming into force of this regulation is eligible to receive additional allocations of hunting licences under this regulation even if the operator does not meet the eligibility requirements of section 2. Loss of grandfather status 18(2) An outfitter that is a partnership or corporation that remains eligible under subsection (1) to receive additional allocations of hunting licences loses that eligibility if there is a change in the partnership or the ownership of the corporation that results in the partnership or corporation failing to meet the requirements of paragraph 2(a)⁠(ii)⁠(B) or (C).