Hunting Guides Regulation

Hunting Guides Regulation, M.R. 110/93 The Wildlife Act , C.C.S.M. c. W130 Regulation 110/93 Registered June 7, 1993 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Guide licences 3 Renewing a guide licence 3.1 Term of guide licence 4 Cancellation and suspension of licence 5 Licence to be carried 6 Guiding for licenced hunters 7 Guiding restrictions 8 Guide must accompany clients 9 Carry and use of firearms by guide 10 Obligation to report violations 10.1 Prohibition 11 Requirements for guides 12 Repeal Definitions 1 In this regulation, "Act" means The Wildlife Act ; («  Loi  ») "blind" means a concealed stand; (« cache ») "department" means the department of government over which the minister presides and through which the Act is administered; (« ministère ») "guide" means a person who, for hire, gain, remuneration or reward, or in the hope or expectation thereof, leads or provides direction, assistance or expertise for the purpose of assisting another person to hunt, take or kill a wild animal listed in Division 1 or 3 of Schedule A to the Act; (« guide ») "outfitter" means the holder of a licence issued under The Resource Tourism Operators Act ; (« pourvoyeur ») "pit" means a hole dug into the ground where a hunter lies in wait for a big game animal or migratory game bird; (« fosse ») "regulations" means the regulations under the Act; (« règlements ») "stand" means a place where a hunter lies in wait for a big game animal. (« affût ») M.R. 135/2001 ; 53/2009 Guide licences 2(1) A Canadian citizen or a permanent resident of Canada who is at least 18 years of age may apply to the department for a guide licence on a form approved by the minister. 2(2) Subject to subsection (3), a guide licence may be issued to a person (a) who (i) has successfully completed either an examination approved by the minister or a guide training course approved by the minister, (ii) holds a valid first aid certificate, and (iii) holds a valid hunter education certificate; or (b) who holds a valid guide licence from another province or territory; and pays the fee prescribed in the Wildlife Fees and Royalties Regulation , Manitoba Regulation 31/92. 2(3) A guide licence must not be issued to (a) a person whose right to hunt is suspended as the result of a conviction for an offence under the Migratory Birds Convention Act, 1994 (Canada), the Act or any other equivalent statute in another province or territory in Canada; or (b) a person who has been convicted at least three times within the past five years of an offence under the following Acts: (i) the Migratory Birds Convention Act, 1994 (Canada), or (ii) the Act, or an equivalent statute in another province or territory. 2(4) The minister may issue a guide licence to an applicant who provides proof of successful completion of any examination or training offered in another province or territory that the minister considers equivalent to that required under subsection (2). M.R. 221/97; 135/2001 ; 27/2005 ; 53/2009 ; 88/2010 Renewing a guide licence 3(1) Subject to subsection (2), a person who has held a guide licence in the last five years may renew that licence by (a) applying to the department on a form approved by the minister; and (b) paying the fee prescribed in the Wildlife Fees and Royalties Regulation , Manitoba Regulation 31/92. Grounds for denying licence renewal 3(2) The minister may refuse to renew the guide licence of a person who has failed to comply with a term or condition of the person's licence or who has been convicted of an offence under any of the following Acts: (a) the Act or any other equivalent statute in another province or territory in Canada; (b) The Endangered Species Act ; (c) the Migratory Birds Convention Act, 1994 (Canada); (d) the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada). M.R. 135/2001 ; 27/2005 ; 53/2009 Term of guide licence 3.1 A guide licence is valid from the date it is issued or renewed to August 31 following the date of issuance. M.R. 53/2009 Cancellation and suspension of licence 4(1) On the conviction of a person for an offence under the Act, the Migratory Birds Convention Act, 1994 (Canada), or the regulations made under those Acts that results in a suspension of the right to obtain or hold a hunting licence (a) the guide licence of that person is automatically cancelled; and (b) the right of that person to obtain or hold a guide licence is suspended for the same period of time as the right to obtain or hold a hunting licence is suspended. 4(2) Where a person is convicted of an offence referred to in subsection (1) within five years of a previous conviction for an offence referred to in that subsection, the right of that person to obtain or hold a guide licence is automatically suspended for a period of five years starting on the date of the second conviction. 4(3) The minister may cancel a guide licence and suspend, for a period from one to five years, the right to obtain or hold a guide licence of a person who has been convicted of an offence under any of the following Acts: (a) the Act or any other equivalent statute in another province or territory in Canada; (b) The Endangered Species Act ; (c) the Migratory Birds Convention Act, 1994 (Canada); (d) the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada). 4(4) During a period of suspension referred to in this section, no person whose right to obtain or hold a guide licence has been suspended shall obtain or attempt to obtain a guide licence. M.R. 135/2001 ; 27/2005 ; 53/2009 ; 11/2024 Licence to be carried 5 A person who guides for a person hunting big game, upland game birds or migratory game birds shall at all times carry the guide licence on his or her person. Guiding for licenced hunters 6(1) No person shall guide for a person who is not in possession of a valid and subsisting hunting licence, if a licence is required to hunt that species. 6(2) No person shall guide for more than four big game hunters at the same time. M.R. 221/97; 74/2020 Guiding restrictions 7(1) A guide shall not hunt on his or her own behalf while guiding a client. 7(2) A guide shall not (a) drive game to his or her client; or (b) flush, pursue or follow after game while not accompanied by his or her client . M.R. 27/2005 ; 53/2009 Guide must accompany clients 8 A guide must accompany a client who is hunting under authority of a licence that was allocated to an outfitter under the Allocation of Hunting Licences Regulation , Manitoba Regulation 77/2006, at all times, unless the client is in a stand, blind or pit, or in a stationary position. M.R. 27/2005 ; 53/2009 Carry and use of firearms by guide 9(1) Except as permitted under this section, a person shall not carry or use a firearm for any purpose while acting as a guide. 9(2) A guide may carry a shotgun while accompanying a client who is hunting a big game animal. The guide may only use the shotgun to (a) protect a client who is in danger from an animal that is wounded or exhibiting aggressive behaviour; or (b) prevent the escape of a wounded big game animal which his or her client is unable to kill. 9(3) A guide may carry a firearm while accompanying a client who is hunting (a) a big game animal in game hunting areas 1, 2 or 3; or (b) migratory game birds within 10 kilometres of the Hudson Bay coastline. 9(4) A guide carrying a firearm under authority of subsection (3) may only use the firearm to (a) protect a client who is in danger from an animal that is wounded or exhibiting aggressive behaviour; or (b) prevent the escape of a wounded big game animal which his or her client is unable to kill. 9(5) A guide who, under the authority of subsections (2) or (4), wounds or kills an animal must, as soon as possible, (a) report the occurrence to an officer; and (b) provide all information or assistance requested by the officer for the purpose of recording the occurrence, or locating or retrieving the animal. M.R. 221/97; 27/2005 Obligation to report violations 10 If a guide has knowledge of conduct by a client that would constitute an offence under (a) the Act; (b) The Endangered Species Act ; (c) the Migratory Birds Convention Act, 1994 (Canada); or (d) the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada); the guide shall immediately report to an officer and provide all information that he or she has regarding the conduct, unless there is a reasonable excuse for the delay. M.R. 27/2005 ; 53/2009 Prohibition 10.1 A guide shall not assist, direct or advise a person to do, or refrain from doing, anything that would constitute an offence under the Act, The Endangered Species Act , the Migratory Birds Convention Act, 1994 (Canada) or the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada). M.R. 27/2005 ; 53/2009 Requirements for guides 11(1) Every guide shall ensure that his or her client (a) hunts only under the authority of a hunting licence; (b) hunts only in an area the client is authorized to hunt in, for a species of wildlife the client is authorized to hunt, during a time the client is authorized to hunt; (c) hunts only with archery equipment or a firearm authorized by the Act and the regulations; and (d) tags a big game animal in the manner required by the Act and the regulations. 11(2) Every guide shall provide to an officer or other authorized employee of the department any biological sample of wildlife that the officer or employee requests. M.R. 53/2009 Repeal 12 Manitoba Regulation 258/89 is repealed.