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Wild Animal Law of Canada

------------------------------

Wildlife-Related Acts (Quebec)

(current to 01 November 2016)

Note Re Application of the:
  • Conservation and Development of Wildlife Act (CDWA)
  • Hunting and Fishing Rights in the James Bay and New Québec Territories Act
  • Threatened or Vulnerable species Act
  • Commercial Fishing and Commercial Harvesting of Aquatic Plants Act
The primary wildlife statute in Quebec is the Conservation and Development of Wildlife Act ('CDWA'). For it's purposes, an 'animal' means "any mammal, bird, amphibian or reptile of any genus, species or subspecies propagating naturally in the wild in Québec or elsewhere from indigenous stock, or not easily distinguishable from wild species by its size, colour or shape, whether or not it is born or kept in captivity" [CDWA 1]. In other words, 'animal' means any non-fish, vertebrate wild species, native or foreign, whether living in a state of nature or in captivity - and those organisms not "easily distinguishable from wild species by its size, colour or shape".

For purpose of this module, I will use the terms 'animal' and 'wildlife' interchangeably, unless a contrary intention is made clear. Additionally, 'fish' will not be included in either term but will be referred to as 'fish'.

This law bears on the wildlife issues of:
  • PROTECTION
  • OWNERSHIP AND POSSESSION
  • SALE
  • FACILITIES
  • ADMINISTRATIVE
  • IMPORT/EXPORT
  • HABITAT
  • EUTHANASIA
  • EXTERMINATION
  • HUNTING, TRAPPING AND FISHING
  • CIVIL LIABILITY
The full current text of these statutes and their regulations may be viewed at the Quebec statute website.

______________________________________

Table of Contents
1. Overview
2. Non-Hunting Provisions Respecting Wildlife
3. Provisions Relating to Hunting, Trapping and Fishing
(a) Overview
(b) Provisions Relevant to Hunting, Trapping and Fishing Generally
(c) Provisions Relevant to Trapping
4. Ownership and Possession
(a) General
(b) Licensing
(c) Care Standards
(d) Euthanasia
5. Facilities
(a) General
(b) Zoos ('Zoological Gardens')
(c) Game Ranches
(d) Commercial Facilities
(e) Wildlife Observation Centres
(f) Wildlife Rehabilitation Centres
(g) Exhibitions
(h) Circuses
6. Import, Export and Relocation
7. Sale
8. Civil Liability
9. Special Wildlife Areas
10. Wildlife Habitat
11. Species at Risk
(a) General
(b) Protections
12. Enforcement
______________________________________


1. Overview

The Conservation and Development of Wildlife Act ('CDWA) is Quebec's version of hunting, trapping and fishing statutes found in all other Canadian provinces. As they all do, the CDWA's primary regulatory mechanism is that of licensing (also permits, authorizations, certification, etc) [CDWA 38-41,54]. The essence of any licensing regime is that it first outlaws the activity to be regulated, and then allows it if an appopriate license (or other form of authorization) is held [CDWA 56].

Note that specialized local law applies to hunting and fishing in some native lands within Quebec, as set out in the Hunting and Fishing Rights in the James Bay and New Québec Territories Act ('HFRJBNQTA'), and it's regulations.


2. Non-Hunting Provisions Respecting Wildlife

These are CDWA wildlife-related provisions that do not directly relate to hunting, trapping and fishing:
  • wildlife protection officers (WPOs) may kill dogs found running at large in areas where big game habituate, and may "kill or capture any animal that is seriously injured, diseased or noxious or that may endanger the life or safety of people" [CDWA 23];

    For these purposes, 'big game' means moose, bear, Virginia deer, caribou or musk ox [CDWA 1].

  • a person killing or capturing an animal that is "attacking him or causing damage to his property or property under his care or maintenance" is only permitted if "he is unable to frighten the animal away or prevent it from causing damage" [CDWA 67]; where an animal is captured alive and unharmed under this provision it shall be set free, and where it is wounded it shall so declared to a WPO [CDWA 68].

    These latter provisions (ie. captured alive and wounded) are further articulated in the Animals that must be Declared Regulation.

3. Provisions Relating to Hunting, Trapping and Fishing

(a) Overview

For CDWA purposes, 'hunt' means ""to pursue, chase, worry, stalk, mutilate, call, follow after, lie in wait for or search for an animal or attempt to do so, while in possession of an arm, or to shoot, kill or capture an animal or attempt to do so, except by trapping it" [CDWA 1]. However the following activities are expressly excluded from the definition of hunting [CDWA 35]:
  • Wildlife Protection Officer's acting in the course of their CDWA duties [CDWA 24];

  • the licensed capture of an animal for the purpose of keeping it in captivity, and the subsequent killing of such an animal [CDWA 42,43];

  • a licensed activity done for "scientific, educational or wildlife management purposes" [CDWA 47];

  • killing or capturing an animal "attacking him or causing damage to his property" by a person, after being "unable to frighten the animal away or (SS: otherwise) prevent it from causing damage" [CDWA 67,68].
Details respecting licensing, bag limits, equipment used in hunting and areas where hunting is allowed are set out in the Hunting Regulation ('H Regs') and the Hunting Activities Reguation.

Note that primary jurisdiction over fishing in Canada lies with the federal government (see the federal Fisheries Act module), and typically the provinces are only involved in licensing both recreational and commercial fishing, as follows:(b) Provisions Relevant to Hunting, Trapping and Fishing Generally

The following are CDWA provisions governing hunting, trapping and fishing activities:
  • it is prohibited to "knowingly hinder a person who is lawfully carrying on" a hunting, fishing or trapping activity [CDWA 1.3, 1.4];

    For these purposes, 'hinder' means "in particular, preventing access by hunters, fishers or trappers to a hunting, fishing or trapping area to which they have lawful access, damaging a hunter’s tree stand or field blind, disturbing or frightening an animal or fish by human, animal or any other presence, a noise or an odour, or rendering ineffectual any bait, decoy, gear, trap or implement used to hunt, fish or trap that animal or fish".

  • it is prohibited to "disturb, destroy or damage a beaver dam or the eggs, nest or den of an animal" with the exceptions that licensed trappers may, "during the period and on the conditions determined by regulation of the Minister, damage a beaver dam to ascertain the presence of beavers or to set a trap" or "during the period and on the conditions determined by regulation of the Minister, open a muskrat den to set a trap"[CDWA 26.26.1];

    This provision may is excepted for a person holding a scientific, education or wildlife management license to that effect [CDWA 47].

  • it is prohibited to "pursue, mutilate or deliberately kill an animal with a vehicle, aircraft or motor-boat" [CDWA 27];

    This provision may is excepted for a person holding a scientific, education or wildlife management license to that effect [CDWA 47].

  • use of an object or animal to hunt or trap, other than those authorized by regulation, is prohibited [see the Regulations linked in (a) above] [CDWA 30];

    This provision may is excepted for a person holding a scientific, education or wildlife management license to that effect [CDWA 47].

  • hunting at night is generally prohibited, except "for hare or rabbit using snares, for northern leopard frog, green frog, bullfrog, or for raccoon with a hunting dog" [Hunting Regulations ('H Regs') 21].

    Similarly, jacklighting is prohibited (hunting animals at night with the use of a light), except that "(a) person hunting raccoon with a hunting dog at night may use a light whose power source is a direct current of not more than 6 V" [H Regs 33]. Jacklighting big game is expressly prohibited [CDWA 30.1-30.2].

    For these and other purposes, 'night' is the period between one-half hour after sunset and one-half hour before sunrise. This provision may is excepted for a person holding a scientific, education or wildlife management license to that effect [CDWA 47].

  • hunting or disturbing big game "while it is in its yard ("winter habitat of big game other than black bear and polar bear"]" [CDWA 1,28];

    This provision may is excepted for a person holding a scientific, education or wildlife management license to that effect [CDWA 47].

  • use of 'set' weapons is prohibited (these are firearms or bows which are triggered automatically by the presence of an animal) [CDWA 31];

  • it is prohibited to "use poison, explosives, deleterious substances or electrical discharges to hunt or trap animals" [CDWA 32];

    This provision may is excepted for a person holding a scientific, education or wildlife management license to that effect [CDWA 47].

  • it is prohibited to hunt "while ... under the influence of an alcoholic beverage" [CDWA 33];

  • "(n)o person may operate a breeding pond or a fish-tank for baitfish unless he holds a licence issued for that purpose" [CDWA 48];

    For these purposes, a 'breeding pond' means a body of water used for breeding fish for non-commercial purposes with a view to restocking [CDWA 1].

  • transportation of live fish, or use of live fish for stocking purposes, requires a license - except where they are intended for commercial consumption [CDWA 49];

  • extracting "eggs from fish living in their natural environment for breeding or restocking purposes" requires a license [CDWA 50];

  • it is prohibited to "capture, kill or attempt to capture or kill any big game animal, except a bear, by the use of a device designed to restrain such an animal" [CDWA 60];

  • it is prohibited for an owner or custodian of a dog to "allow it to run at large in any place where big game is habitually found" [CDWA 61].
(c) Provisions Relevant to Trapping

The CDWA has two regulations that bear directly on trapping:Together, these two regulations address details such as licensing of professional trappers, permissible equipment and methods, trapping leases, species which may be trapped, open seasons and such.


4. Ownership and Possession

(a) General

Details regarding the keeping of animals in captivity, in various situations, are emodied in the Animals in Captivity Regulations ('AIC Regs'), which are explained below. The AIC Regs turn largely on the categorization of each individual species in accordance with it's Schedules, which are located at the end of the regulation.

While the CDWA has a specifically-titled Possession and Sale of an Animal Regulation ('PSA Regs'), it only applies to flesh and animal parts, not living animals.

(b) Licensing

Generally, the keeping an animal in captivity, capturing an animal in order to keep it in captivity, or disposing of such an animal requires a CDWA license [CDWA 42], and such animals may be killed by their possessors [CDWA 43].

The following are exceptions to the licensing requirement:
  • a person holding a scientific, education or wildlife management license allowing such activities [CDWA 47];

  • up to "10 animals of the native species listed in Schedule I, including no more than 2 bullfrogs" may be kept in captivity "for personal purposes", and captured for that purpose [AIC Regs 5];

    Such capture must be done in a manner that does not injure the animal [AIC Regs 6, 46]. Such animals may not be sold or killed by the possessor, but otherwise may be disposed of [AIC Regs 7].

  • the holding of animals listed in Schedule II "for personal, breeding or commercial purposes", and in that case no license is required to dispose of it "by selling it, giving it away, or killing it" [AIC Regs 8, 12];

    "Quail, northern bobwhite, pheasant, francolin, rock partridge or chukar, red-legged partridge, guinea fowl or rock dove" and turkeys (subject to some area restrictions) may also be set free in the wild.

  • holders of permits "issued under the Migratory Birds Regulations (C.R.C., c. 1035) to keep in captivity, capture for the purpose of keeping in captivity and, where applicable, dispose of, a migratory bird or its eggs" [AIC Regs 17];

  • "veterinary surgeon or by the holder of a zoological garden licence or of a wildlife observation centre licence to keep injured or orphaned animals of native species in captivity for rehabilitation purposes, provided that the captivity does not exceed 1 year; the veterinary surgeon or licence holder must take all necessary means to avoid the domestication of the animals" [AIC Regs 18];

    "Once an animal is rehabilitated, the veterinary surgeon or the licence holder shall set it free in the wild if it is fit to survive there. If not, he or she may kill it or give it to a wildlife protection officer; the wildlife protection officer may kill the animal or entrust it to any person entitled to keep it."

  • (t)he holder of a permit to breed fur-producing animals issued under the Animal Welfare and Safety Act (chapter B-3.1) need not hold a licence to keep an animal of a species listed in Schedule III in captivity [AIC Regs 13] (see that module);

    "Anyone who keeps an animal referred to in section 13 in captivity may dispose of it by selling it, giving it away or slaughtering it" [AIC Regs 14].

  • "a training institute or a person under contract to such institute to keep a monkey in captivity where such monkey is trained for the purpose of compensating for a person’s physical disability, or for anyone "to keep a trained monkey in captivity if the monkey is required to compensate for a person’s physical disability" [AIC Regs 15];

  • for "a teaching or research institution or agency to keep in captivity and, where applicable, dispose of, exotic species listed in Schedule II or native amphibians, other than threatened or vulnerable species designated in the Act respecting threatened or vulnerable species" [AIC Regs 16].
"A licence to keep white-tailed deer authorizes its holder to keep in captivity no more than 5 white-tailed deer for personal purposes", subject to basic care duties (below) and annual record-keeping [LKAIC Regs 20].

(c) Care Standards

With the exception of amphibians listed in Schedule I, the following are the general care duties for animals in captivity [AIC Regs 3]:
  • to "provide it with drinking water and food in sufficient quantity and of sufficient quality to meet its physiological needs";

  • to "keep it in a clean place suitable for the needs of its species";

  • to "ensure that it has access at all times to a shelter suitable for the needs of its species";

  • to "ensure that it receives the care required by its health condition", and

  • "(a)nimals must be kept in buildings, cages, enclosures and shelters designed or built so as to prevent any animal attack and any transmission of fatal infectious diseases" [AIC Regs 74.5].
Additional specific care standards in the AIC Regs for animals kept in captivity include:
  • for deer (cervidae), peccaries and boars kept without license [AIC Regs 8-11];

  • for white-tailed deer [AIC Regs 47-48].
(d) Euthanasia

"Any person who kills an animal kept in captivity shall do so using a method that causes instantaneous death or that does not cause the animal unnecessary suffering" [AIC Regs 4].


5. Facilities

(a) General

Licensing requirements for a variety of facilities holding animals are set out in the Licenses to Keep Animals in Captivity Regulations ('LKAIC Regs'). The main classes of such facility licenses are [LKAIC Regs 1]:
  • zoos ('zoological gardens');
  • wildlife observation centres;
  • wildlife rehabilitation centres;
  • game ranches for white-tailed deer, and for various species;
  • commercial facilities (includes animal brokers, animal trainers and by-products collectors);
  • exhibitions;
  • circuses (non-resident).
The law applying to each of these facilities is set out below.

(b) Zoos ('Zoological Gardens')

"A zoological garden licence authorizes its holder to keep animals of native or exotic species in captivity for conservation, research, educational, exhibition and recreational purposes. It also authorizes its holder to capture an animal of a native species listed in Schedule I to the Regulation respecting animals in captivity for the purpose of keeping it in captivity" [LKAIC Regs 3].

Duties of a zoological garden license-holder (in part) are [LKAIC Regs 6]:
  • to "provide educational activities to enable visitors to learn about the animals kept in captivity and their habitat";

  • to "build and maintain every shelter, cage or enclosure" in accordance with the LKAIC Regs s.4 [LKAIC Regs 4];

  • to abide by the basic care standards set out in the AIC Regs [see 4(c) above];

  • to comply with annual reporting requirements.
Zoo animals may be exhibited at location other than the zoo as long as the license-holder has municipal verification that the location is municipal bylaw-compliant [LKAIC Regs 7].

"The holder of a zoological garden licence may dispose of an animal, including an animal listed in Schedule I, kept in captivity by the holder, by selling or giving it to another person entitled to keep it, or by killing it" [AIC Regs 25]. "In the case of an animal listed in Schedule I, the holder may also dispose of it by setting it free in the wild". "Quail, northern bobwhite, pheasant, francolin, rock partridge or chukar, red-legged partridge, guinea fowl or rock dove" and turkeys (subject to some area restrictions) may also be set free in the wild.

(c) Game Ranches

Game ranch licenses authorize "the keeping in captivity of animals of the various species listed in Schedule II" (of the LKAIC Regs) [LKAIC Regs 23], with no limitation as to purpose.

Duties of the holder of a game ranch license include [LKAIC Regs 26]:
  • to abide by the basic care standards set out in the AIC Regs [see 4(c) above];

  • to comply with annual reporting requirements.
Separate game farm licenses are available for the keeping in captivity and breeding white-tailed deer [LKAIC 27]. Holders of such licenses must [LKAIC 30]:
  • abide by the basic care standards set out in the AIC Regs [see 4(c) above];

  • comply with annual reporting requirements.
Enclosure standards and holding limits for game ranches (for deer, buffalo, peccaries, boars and white-tailed deer) are set out in s.53-54 and 56-57 of the AIC Regs.

Game ranch license-holders may "dispose of an animal [or bird] kept in captivity ... by selling or giving it to a person entitled to keep it, or by killing it" "provided that the animal is killed using a method that causes instantaneous death or that does not cause the animal unnecessary suffering" (white-tailed deer may be released into the wild) [AIC Regs 53.1, 54, 58, 60].

(d) Commercial Facilities

The following categories of commercial licenses are available, and authorize the holder to "keep animals in captivity for commercial purposes other than public display", as follows [LKAIC Regs 32]:
  • Animal Broker’s Licence

    "An animal broker’s licence authorizes the keeping in captivity of animals of native or exotic species for purposes of brokerage, purchase or sale", for a maximum of one year for each animal [LKAIC 35].

  • Animal Trainer’s Licence

    "An animal trainer’s licence authorizes the keeping in captivity of animals of native or exotic species that are trained for promotion purposes or for the filming of commercials or movies."

  • By-product Collector’s Licence

    A by-product collector’s licence authorizes the keeping in captivity of native species for the purpose of taking by-products from live animals.
A holder of any of these commercial licenses:
  • "may transfer an animal of any species to a person entitled to keep an animal of that species in captivity, or kill the animal" [AIC Regs 68];

  • must maintain annual records of birth, deaths, transfers etc [LKAIC Regs 36];

  • must "build and maintain every shelter, cage or enclosure" in accordance with s.33, or the case of cervidae, boars or peccaries s.54, of the LKAIC Regs.
A (commercial) amphibian license authorizes the "capture amphibians of the species listed in Schedule I (of the LKAIC Regs) for the purpose of keeping them in captivity and to keep them in captivity for commercial and breeding purposes" [LKAIC Regs 16]. There are annual reporting requirements [LKAIC 19].

(e) Wildlife Observation Centres

Wildlife Observation Centre ('WOC') licenses authorize their holders to keep animals of the species listed in Schedule II to the AIC Regs and native species in captivity for conservation, research, educational, exhibition or recreational purposes, for at least 3 months per year". It also authorizes the capture of AIC Regs Schedule I animals for the purposes of keeping them in captivity [LKAIC Regs 8].

Duties of a wildlife observation centre license-holder (in part) include [LKAIC Regs 11]:
  • to "provide educational activities to enable visitors to learn about the animals kept in captivity and their habitat";

  • "build and maintain every shelter, cage or enclosure" in accordance with the LKAIC Regs s.9;

  • to abide by the basic care standards set out in the AIC Regs [see 4(c) above];

  • to comply with annual reporting requirements.
WOC license-holders "may not acquire an animal of a species whose keeping requires a licence under this Regulation unless the holder acquires the animal from a person entitled to keep an animal of that species" [AIC Regs 30].

However, such license-holders may "dispose of an animal kept in captivity by the holder, including an animal listed in Schedule I, by selling or giving it to another person entitled to keep it, or by killing it" [AIC Regs 31]. "In the case of an animal listed in Schedule I, the holder may also dispose of it by setting it free in the wild". "Quail, northern bobwhite, pheasant, francolin, rock partridge or chukar, red-legged partridge, guinea fowl or rock dove" and turkeys (subject to some area restrictions) may also be set free in the wild.

(f) Wildlife Rehabilitation Centres

A wildlife rehabilitation centre ('WRC') license authorizes the holder to "keep in captivity, for rehabilitation purposes, injured or orphaned animals of native species" [LKAIC Regs 12].

Duties of a wildlife observation centre license-holder (in part) include [LKAIC Regs 15]:
  • to "build and maintain every shelter, cage or enclosure" in accordance with the LKAIC Regs s.13;

  • to comply with annual reporting requirements.
An animal may be kept in captivity for rehabilitation purposes for no more than 1 year; all necessary means must be taken to avoid the domestication of the animal.

Once an animal is rehabilitated, it must be set free in the wild if it is fit to survive there. If not, the animal may be killed or given to a wildlife protection officer; the wildlife protection officer may kill the animal or entrust it to any person entitled to keep it [AIC Regs 36].

(g) Exhibitions

Exhibition licenses authorize their holders to "keep in captivity, for remunerated exhibition purposes, the animals of the species listed in Schedule II" of the AIC Regs, and some others [see LKAIC Regs 37]. Holders of exhibition licenses must [LKAIC Regs 40]:
  • "build and maintain every shelter, cage or enclosure" in accordance with the LKAIC Regs s.38 and the AIC Regs 9 and 10;

  • abide by the basic care standards set out in the AIC Regs [see 4(c) above];

  • have the care of the animals supervised by a veterinary surgeon;

  • comply with annual reporting requirements;

  • maintain civil liability insurance as per LKAIC Regs 38.
"The holder of a licence to keep animals for exhibition purposes may dispose of an animal kept in captivity" by selling it, giving it away, or killing it [AIC Regs 74.0.1].

Exhibition "(a)nimals must be kept in buildings, cages, enclosures and shelters designed or built so as to prevent any animal attack and any transmission of fatal infectious diseases" [AIC Regs 74.0.2, 74.5].

(h) Circuses

Non-resident circus licenses are available that authorize "the keeping in captivity of animals of native or exotic species, for exhibition or entertainment purposes, for remuneration, in Québec" [LKAIC Regs 41]. Duties of the holder of such a licenses of circus licenses must [LKAIC 43]:
  • "build and maintain every shelter, cage or enclosure" in accordance with the LKAIC Regs s.42;

  • to abide by the basic care standards set out in the AIC Regs [see 4(c) above];

  • to have the care of the animals supervised by a veterinary surgeon;

  • to maintain civil liability insurance as per LKAIC Regs 42.
Circus "(a)nimals must be kept in buildings, cages, enclosures and shelters designed or built so as to prevent any animal attack and any transmission of fatal infectious diseases" [AIC Regs 74.0.2, 74.5].


6. Import, Export and Relocation

Live fish listed in the federal Fish Health Protection Regulations (under the Fisheries Act, see that module) may only be imported when certified free from disease as set out in that regulation, and importation of any other fish requires that shipper provide the Minister with a 'sanitary report' that they are disease free in accordance with that regulation . These provisions are however excepted for importation for "aquarium fish-keeping purposes insofar as the fish is not of a native or naturalized species, or for research purposes", provided that adequate equipment, facilities, contamination and destruction protocols are followed [Aquaculture and Sale of Fish Regulations ('ASF Regs') 26].

The importation of live or dead baitfish is prohibited [ASF Regs 27].


7. Sale

Generally, the sale of live freshwater fish is prohibited - except by aquaculture, fishing pond or commercial fishing license holders (though in the latter case not for Atlantic Salmon) [ASF Regs 33].

The sale of live or dead baitfish is prohibited, except by holders of commercial bait fishing licenses or a holder of a licence to operate a fish-tank for baitfish [ASF Regs 34].


8. Civil Liability

Licensed hunters and trappers are granted statutory personal injury insurance from Quebec itself to a maximum of $5,000 per accident for "injury in consequence of an accident resulting directly from hunting or trapping for recreational purposes in Québec, or, if he dies in consequence of such an accident, to his successors" [CDWA 79]. The province then has a subrogated right of recovery against anyone who is liable for causing such injury or death (ie. they can claim from them compensation for any insurance payments made) [CDWA 80].

The province will also, on notice of the incident, indemnify all licensed hunters and trappers to a maximum of $10,000 for any liability they incur "to third parties in consequence of an accident resulting directly from hunting or trapping for recreational purposes in Québec", insofar as that liability is over and above private insurance coverage [CDWA 81,82].


9. Special Wildlife Areas

The following provisions can be used by the province to establish special areas for wildlife, hunting, trapping or fishing:
  • the Minister may, within the province generally, establish "hunting areas, fishing areas or trapping areas" [CDWA 84.1];

  • the Minister may establish areas on Crown land "with a view to increased utilization of wildlife resources and the carrying on of recreational activities incidental thereto", and lease exclusive hunting, trapping and fishing rights therein [CDWA 85,86,96];

  • the Minister may establish managed 'controlled zones' on Crown land "for the development, harvesting and conservation of wildlife or a species of wildlife and for the carrying on of recreational activities incidental thereto", which zones may include private land on agreement with the owner [CDWA 104-106.2];

  • "(t)he Minister may establish wildlife sanctuaries on lands in the domain of the State and dedicate them to the conservation, development and utilization of wildlife and to the carrying on of recreational activities incidental thereto", which sanctuaries may include private land on agreement with the owner [CDWA 111];

    The Wildlife Sanctuaries Regulation lists designated sanctuaries and the detailed rules that apply to permits, activities within sanctuaries and other matters.

  • the Minister may establish wildlife preserves on Crown land "with a view to preserving the wildlife habitat or the habitat of a species of wildlife", which preserves may include private land on agreement with the owner [CDWA 122];

  • beaver reserves areas, with limited trapping allowed, have been set aside under the Beaver Reserve Regulations.

10. Wildlife Habitat

'Wildlife habitat' includes the following Crown lands selected for their particular geography, physical features and conditions [CDWA 128.1, Wildlife Habitats Regulation ('WH Regs') 1]:
  • water fowl gathering areas

  • white-tailed deer yards (winter habitat)

  • area frequented by caribou south of the 52nd parallel

  • caribou calving area north of the 52nd parallel

  • cliff inhabited by a colony of birds

  • habitat of a threatened or vulnerable wildlife species (see the TVS Act module)

  • fish habitat

  • muskrat habitat

  • heronry

  • island or peninsula inhabited by a colony of birds

  • salt lick
Subject to some exceptions set out in the Wildlife Habitats Regs ('WH Regs') (eg. mineral and gas exploration, forest management, dams etc) it is prohibited to "carry on an activity that may alter any biological, physical or chemical component peculiar to the habitat of the animal or fish concerned", within designated wildlife habitat [CDWA 128.6-128.7]. As well, the Minister may issue suspension Orders regarding any activities violating authorizations or the regulations where such activities "may result in serious or irreparable damage to a wildlife habitat" [CDWA 128.15].


11. Species at Risk

(a) General

Quebec's Threatened and Vulnerable Species Act ('TVSA') is it's version of species-at-risk legislation found in most other Canadian provinces, though is a less developed form. Species to which it applies are also governed by the CDWA, but are subject to the HFRJBNQTA [TVSA 4,5].

Threatened and vulnerable species (animals and fish) are designated by the province [TVSA 9] and are listed in the Threatened or Vulnerable Wildlife Species and their Habitats Regulation. Additionally, the habitats of designated species are also determined and charted by the province [TVSA 10-15].

Species under consideration for such designation are listed in the List of plant and wildlife species which are likely to be designated as threatened or vulnerable.

(b) Protections

It is prohibited to "have any specimen of a threatened or vulnerable plant species or any of its parts, including its progeny, in his possession outside its natural environment, or harvest, exploit, mutilate, destroy, acquire, transfer, offer to transfer or genetically manipulate it", with exceptions for approved scientific, educational or management purposes [TVSA 16,18-19].

It is prohibited to "in the habitat of a threatened or vulnerable plant species, carry on an activity that may alter the existing ecosystem, the present biological diversity or the physical or chemical components peculiar to that habitat", with exceptions for approved scientific, educational or management purposes [TVSA 17,18-19].

Where the Minister determines that "an activity that may result in serious or irreparable damage to a threatened or vulnerable plant species or its habitat" has been or will be conducted, either without authorization or in violation of the terms of an authorization, then they may Order that the activity be suspended [TVSA 25].


12. Enforcement

The CDWA sets out typical regulatory measures, including the appointment of wildlife protection officers (WPOs) who are peace officers, and have authority to enter and pass over private land, enter premises (other than dwelling places, which require a warrant) and seizure [CDWA 3,6,13,13.1,16].

The CDWA has broad offence provisions to allow prosecution of violations [CDWA 165-171.7], including license suspensions on conviction [CDWA 172].





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