3rd Session, 40th Legislature

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Bill 13

THE FISH AND WILDLIFE ENHANCEMENT FUND ACT

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1

The following definitions apply in this Act.

"fish enhancement initiative" means

(a) a project or program to conserve or increase fish populations;

(b) a project or program to protect, manage or restore fish habitats;

(c) a study of fish populations or habitats;

(d) angler education programs; and

(e) the acquisition, by purchase, lease or other means, of property or an interest in property in order to protect a critical fish habitat. (« initiative de mise en valeur du poisson »)

"fund" means the Fish and Wildlife Enhancement Fund established under section 2. (« Fonds »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"prescribed" means prescribed by regulation.

"wildlife enhancement initiative" means

(a) a project or program to conserve or increase wildlife populations;

(b) a project or program to protect, manage or restore wildlife habitats, including the construction or maintenance of infrastructure in wildlife management areas;

(c) a study of wildlife populations or habitats;

(d) hunter and trapper education programs; and

(e) the acquisition, by purchase, lease or other means, of property or an interest in property in order to protect a critical wildlife habitat. (« initiative de mise en valeur de la faune »)

Fund established

2(1)

The Fish and Wildlife Enhancement Fund is hereby established for the purpose of supporting fish and wildlife enhancement initiatives and government fish hatcheries.

Control and supervision of fund

2(2)

The fund is under the control and supervision of the minister. The money in the fund is to be deposited with the Minister of Finance and held in trust for the purposes of this Act in a separate account in the Consolidated Fund.

Accounts in fund

2(3)

The fund contains the following separate accounts:

(a) the fish enhancement account;

(b) the wildlife enhancement account.

Payments into fund

2(4)

Despite The Financial Administration Act,

(a) the following are to be paid or credited to the fish enhancement account in the fund:

(i) a prescribed amount of the fee for every fishing licence,

(ii) a prescribed amount of the fee for a prescribed licence, permit, certificate or other authorization respecting or involving fish,

(iii) a gift, donation, grant, bequest or contribution to the fisheries enhancement account,

(iv) any amounts authorized by an Act of the Legislature to be so paid and applied,

(v) interest and other income earned on the amounts paid or credited to the fisheries enhancement account; and

(b) the following are to be paid or credited to the wildlife enhancement account in the fund:

(i) a prescribed amount of the fee for every hunting and trapping licence,

(ii) a prescribed amount of the fee for a prescribed licence, permit, certificate or other authorization respecting or involving wildlife,

(iii) a prescribed amount of a royalty payable in relation to wildlife,

(iv) a gift, donation, grant, bequest or contribution to the wildlife enhancement account,

(v) any amounts authorized by an Act of the Legislature to be so paid and applied,

(vi) interest and other income earned on the amounts paid or credited to the wildlife enhancement account.

Payments from fund

2(5)

Payments from the fund are to be made by the Minister of Finance on the requisition of the minister. Payments may be made from

(a) the fish enhancement account to

(i) support fish enhancement initiatives,

(ii) pay the costs of administering this Act in relation to fish enhancement initiatives, and

(iii) support the construction, operation and maintenance of government fish hatcheries; and

(b) the wildlife enhancement account to

(i) support wildlife enhancement initiatives, and

(ii) pay the costs of administering this Act in relation to wildlife enhancement initiatives.

Committee established

3(1)

The Fish and Wildlife Enhancement Committee is hereby established.

Membership

3(2)

The Fish and Wildlife Enhancement Committee consists of the following, all of whom are appointed by the minister:

(a) the chair;

(b) the members of the Fish Enhancement Subcommittee;

(c) the members of the Wildlife Enhancement Subcommittee.

List of nominees

3(3)

The minister may request organizations that represent anglers, hunters and trappers to each provide a list of persons who may be appointed to a subcommittee.

Membership of Fish Enhancement Subcommittee

3(4)

A majority of the members appointed to the Fish Enhancement Subcommittee must be nominees of organizations representing anglers. No more than nine persons may be appointed to this subcommittee.

Membership of Wildlife Enhancement Subcommittee

3(5)

A majority of the members appointed to the Wildlife Enhancement Subcommittee must be nominees of organizations representing hunters or trappers. No more than nine persons may be appointed to this subcommittee.

Chair

3(6)

The chair must not be a nominee of an organization representing anglers, hunters or trappers. The chair is to preside at all meetings of each subcommittee, but he or she does not have a vote on any decision by a subcommittee respecting the recommendation of enhancement initiative proposals.

Term

3(7)

A member of the Fish and Wildlife Enhancement Committee may be appointed for a term not exceeding three years.

Appointment continues

3(8)

A member whose term of office expires continues to hold office until he or she is re-appointed or a successor is appointed.

Re-appointment

3(9)

A member whose term of office expires may be re-appointed for one further term of three years.

Vice-chair

3(10)

The members of each subcommittee must elect one of their members as vice-chair, to act if the chair is absent or unable to act.

Review of fish enhancement proposals

4(1)

The Fish Enhancement Subcommittee must review all proposals for fish enhancement initiatives that seek funding from the fund and recommend initiatives for funding.

Review of wildlife enhancement proposals

4(2)

The Wildlife Enhancement Subcommittee must review all proposals for wildlife enhancement initiatives that seek funding from the fund and recommend initiatives for funding.

Recommendations re proposals

4(3)

The Fish and Wildlife Enhancement Committee must provide the minister with each subcommittee's funding recommendations respecting enhancement initiative proposals.

Minister to consider recommendations

5(1)

The minister must take the recommendations provided by the Fish and Wildlife Enhancement Committee into account when determining the fish and wildlife enhancement initiatives that will receive funding from the fund.

Deadline for decisions

5(2)

The minister must make a decision on which fish and wildlife enhancement initiatives are to receive funding from the fund no later than 60 days after the recommendations have been received from the Fish and Wildlife Enhancement Committee.

Annual report

6

For each fiscal year, the annual report of the department over which the minister presides must include a report on the accounts and transactions of the fund and the fish and wildlife enhancement initiatives that received support from the fund.

Regulations

7

The minister may make regulations

(a) respecting the submission of proposals for fish or wildlife enhancement initiatives seeking funding from the fund;

(b) defining any word or term used but not defined in this Act;

(c) prescribing anything referred to in this Act as being prescribed;

(d) respecting any matter necessary or advisable to carry out the purposes of this Act.

C.C.S.M. reference

8

This Act may be referred to as chapter F87 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

9

This Act comes into force on a day to be fixed by proclamation.