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Simon Shields, LLB

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Simon Shields,
LLB

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Wild Animal Law of Canada

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Highway Traffic Act (Manitoba)

(current to 01 September 2016)

Note Re Application of the Highway Traffic Act ('HTA')

Like most provincial Highway Traffic statutes, Manitoba's HTA has some relevance to domestic animals insofar as they draw vehicles (eg. horse-drawn buggies). Overall though the HTA has very little relevance to wild animals, but what there is is noted.

This law bears on the wildlife issues of:
  • PROTECTION
  • CIVIL LIABILITY
The full current text of the Highway Traffic Act and it's Regulations may be viewed at the Manitoba statute website.
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The HTA creates an accident-reporting duty where an animal is struck. The duty is to report to the 'owner', which suggests it is meant to apply only to domestics. However, by virtue of Wildlife Act s.85 (see that module), the province is the owner of all wildlife in a 'state of nature', and so the duty would seem to apply to wild animals as well [HTA 155(1,2)].

Otherwise the only provision that conceivably relates to wild animals is one that requires that "(n)o person shall drop, throw, or deposit on a highway, whether from a vehicle or otherwise, or knowingly leave on a highway .... any glass bottles, glass, nails, tacks, wire, cans, scraps of metal, or any other substance or thing that may be injurious to a person, animal, or vehicle" [HTA 217(1)].
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