The Ecological Reserves Act

The Ecological Reserves Act, C.C.S.M. c. E5 bilingual version (HTML) Table of Contents Section 1 Definitions 2 System of ecological reserves 3 Purpose of reserves 3.1 Reserves under control of Director 4 Programs within reserves 4.1 Ministerial regulations 4.2 Repealed 5 Acquisition of land 6 Defacing or removing of signs 7 Repealed 8 Prohibitions 9 Advisory Committee 10 Officers 11 Repealed 12 Offence and penalty 13 Crown bound 14 Conflict with other Acts HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "advisory committee" means the Endangered Species, Ecosystems and Ecological Reserves Advisory Committee continued under The Endangered Species and Ecosystems Act ; (« Comité consultatif ») "Crown" means His Majesty the King in right of the province; (« Couronne ») "ecology" means the study of the inter-relationship of living things, including humans and plants, with their respective environments; (« écologie ») "ecosystem" means an ecological system consisting of living things, including humans and plants, together with their respective environments; (« écosystème ») "environment" means natural or human-made surroundings, or natural surroundings modified by humans; (« milieu ») "licence" means a licence issued under this Act; (« licence ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "permit" means a permit issued under this Act; (« permis ») "reserve" means land designated as an ecological reserve under subsection 2(2). (« réserve ») S.M. 1989-90, c. 20, s. 2 ; S.M. 2018, c. 8, s. 21 . System of ecological reserves 2(1) The Lieutenant Governor in Council may establish and maintain a system of ecological reserves in the province. Designation of reserves by LG in C 2(2) The Lieutenant Governor in Council may by regulation designate Crown land in the province as an ecological reserve. Ecological reserves for the people 2(3) An ecological reserve designated under subsection (2) shall be set aside in the interests of the people of Manitoba to enhance the overall well being of present and future generations of Manitobans. S.M. 1989-90, c. 20, s. 3 . Purpose of reserves 3 Subject to the provisions of this Act, reserves shall be devoted to, and shall be designed and administered to fulfill, the following purposes; (a) To afford opportunities for and to encourage the study of and research into the ecological features of the province. (b) To afford opportunities for and to encourage the enjoyment by residents of the province and visitors to the province of the educational and aesthetic benefits of the ecological features of the province. (c) To preserve, for the purposes of clauses (a) and (b) and for posterity, (i) unique and rare examples of botanical, zoological and geological features of the province, (ii) examples of natural habitats of rare or endangered plants and animals that are native to the province, (iii) representative examples of natural ecosystems in the province, (iv) representative examples of ecosystems in the province that have been modified by humans and that offer opportunities for the study of and research into the recovery of the ecosystems from modification. Reserves under control of Director 3.1 The minister shall designate a Director of Ecological Reserves who shall act under the direction of the minister and be responsible for the control and management of reserves and the ecological reserve system. S.M. 1989-90, c. 20, s. 4 . Programs within reserves 4(1) Subject to the provisions of this Act, the minister may within any reserve implement such measures, programs, projects, undertakings or things as in the minister's opinion are likely to achieve the purposes described in section 3. Minister may enter into agreements 4(2) For the purpose of this Act, the minister may, with the approval of the Lieutenant Governor in Council, enter into agreements and, without limiting the generality of the foregoing, may enter into agreements to (a) conduct joint biological or ecological investigations; (b) acquire land for the purposes of a reserve; and (c) implement the policies and practices of the minister with respect to reserves. S.M. 1989-90, c. 20, s. 5 . Ministerial regulations 4.1(1) The minister may make regulations respecting the management of reserves and the ecological reserve system and, without limiting the generality of the foregoing, the minister may make regulations (a) regulating or controlling the use of reserves; (b) respecting the issuance, suspension and cancellation of licences and permits to enter reserves and to engage in activities in reserves; (c) respecting the posting of reserves to indicate their location and boundaries; (d) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. Application of regulation 4.1(2) A regulation made under subsection (1) may be made applicable to all or any reserve or to any part of a reserve. S.M. 1989-90, c. 20, s. 5 . 4.2 [Repealed] S.M. 1989-90, c. 20, s. 5 ; S.M. 2017, c. 34, s. 4 . Acquisition of land 5 Any land in the province that is not Crown land that in the opinion of the minister is required for establishment as a reserve, or for use in administering a reserve, may be acquired by the government by purchase, lease, exchange, gift, devise, expropriation under The Expropriation Act , or otherwise. Defacing or removing of signs 6 No person shall (a) deface or remove a notice, sign or lettering posted upon or about a reserve pursuant to a regulation made under subsection 4.1(1); or (b) post upon or about a reserve a notice, sign or lettering other than pursuant to a regulation made under subsection 4.1(1). S.M. 1989-90, c. 20, s. 6 . 7 [Repealed] S.M. 1989-90, c. 20, s. 7 . Prohibitions 8(1) No person shall (a) enter or pass through a reserve; or (b) use a reserve in any way or for any purpose; or (c) carry on any activity within a reserve; or (d) do any act or thing within a reserve; or (e) use any product or thing within a reserve; or (f) remove any product or thing from a reserve; except in accordance with any regulation made under subsection 4.1(1) and applicable within the reserve. Exception 8(2) Notwithstanding subsection (1), the minister may at any time do or cause to be done within a reserve any of the things prohibited under subsection 4.1(1) or subsection (1) where in the minister's opinion it is necessary for the purpose of maintaining or administering the reserve or implementing within the reserve any measure, program, project, undertaking or thing under section 4. Reserve lands may not be sold 8(3) Land that is designated as an ecological reserve shall not be sold or transferred unless, before the sale or transfer, the designation is removed. Requirement for removal of designation 8(4) Before a designation is removed under subsection (3), the minister shall, (a) publish notice in a newspaper that has general circulation in the area in which the reserve is located; and (b) where the minister considers it to be in the public interest, request the advisory committee to proceed under clause 9(6)⁠(b). S.M. 1989-90, c. 20, s. 8 ; S.M. 2018, c. 8, s. 21 . 9(1) to (5) [Repealed] S.M. 2018, c. 8, s. 21 . Duties and functions 9(6) For the purposes of this Act, the advisory committee upon the request of the minister shall (a) examine and inspect areas for their suitability as reserves and make recommendations thereon to the minister; (b) receive and consider submissions from members of the public and make recommendations to the minister with respect thereto; (c) provide or make available to members of the public, the government and agencies of the government, information with respect to reserves, ecology, ecological activity and ecological features within the province; (d) advise the minister generally with respect to the administration of this Act; and shall perform such other duties and functions as may be assigned to it by the minister or the Lieutenant Governor in Council. S.M. 2018, c. 8, s. 21 . "Officer" defined 10(1) In this section, "officer" means a person appointed as an officer under subsection (2) or a conservation officer appointed under The Conservation Officers Act . Appointment of officers 10(2) The minister may appoint any person as an officer for the purpose of enforcing this Act and the regulations. Temporary officers 10(3) An officer, while engaged in the enforcement of this Act or the regulations, may call upon any person for assistance and that person, while giving the assistance, is an officer for the purposes of this Act. Authority of officers 10(4) For the purposes of this Act, an officer is, and has and may exercise the powers and authority of, a police officer, police constable or peace officer. Powers of arrest 10(5) An officer, upon witnessing the commission of an offence under this Act or the regulations, may arrest the person committing the offence and shall forthwith bring the person so arrested before a court of competent jurisdiction to be dealt with according to law. Powers of seizure 10(6) An officer may seize any property found within a reserve that the officer believes, on reasonable and probable grounds, is being used or has been used in the commission of an offence under this Act or the regulations, or will afford evidence of the commission of such an offence, and shall forthwith bring the property before a justice to be dealt with according to law. No Crown liability 10(7) No liability attaches to the Crown or the minister or any officer for loss or damage arising from the seizure of any property under subsection (6), in good faith and without negligence. S.M. 2015, c. 4, s. 18 . 11 [Repealed] S.M. 1989-90, c. 20, s. 9 . Offence and penalty 12 Any person who contravenes or fails to observe a provision of this Act or a regulation made thereunder is guilty of an offence and liable on summary conviction to a fine of not more than $1,500. for each day that the offence continues or, where the person is an individual, to a fine of not more than $1,500. for each day that the offence continues or to imprisonment for a term of not more than two months or to both. Crown bound 13 The Crown is bound by this Act. Conflict with other Acts 14 Where a provision of this Act or a regulation made thereunder is in conflict or is inconsistent with a provision of any other Act of the Legislature or a regulation, by-law, order or direction made or given thereunder, the provision of this Act or the regulation made thereunder prevails.