Legislative Assembly of New Brunswick
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An Act to Amend the Fish and Wildlife Act

Legislature :
54
Session :
5
Bill No. :
15
Member :
Hon. Volpé
First Reading :
2002-12-4
Second Reading :
2002-12-5
Committee of the Whole :
2002-12-6
Amended :
Third Reading :
2002-12-11
Royal Assent :
2002-12-20
Download PDF :
Bill 15

Text of Bill :

   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                           Subsection 92(2) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended by striking out "and 99" and substituting ", 99 and
99.1".

2                           The Act is amended by adding the following after section 99:

99.1(1)          Where the Minister is satisfied that a person convicted of an offence under subsection 5.3(1) of the Clean Environment Act, subsection 12(1) or 15(1) of the Clean
Water Act or subsection 6(2) of the Clean Air Act committed the offence within a protected natural area established under the Protected Natural Areas Act, or where a person is
convicted of an offence under paragraph 11(a) or (b) or clause 12(a)(xiii)(A), (B) or (C) of the Protected Natural Areas Act, every licence and permit held by the person under this
Act shall be cancelled by the Minister effective from the date of conviction, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or
the regulations

   (a)               for a period of one year after the date of the conviction, if the person was fined less than five thousand dollars in respect of the offence, and
   
   (b)               for a period of five years after the date of the conviction, if the person was fined five thousand dollars or more in respect of the offence.

99.1(2)          Where the Minister has cancelled a licence or permit under subsection (1) and the person in respect of whom the cancellation was made is convicted of an offence
under the Protected Natural Areas Act or the regulations under that Act

   (a)               during the period referred to in paragraph (1)(a), the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or
   permit issued under this Act or the regulations for, an additional period of five years, and
   
   (b)               during the period referred to in paragraph (1)(b), the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or
   permit issued under this Act or the regulations for, the lifetime of the person.

99.1(3)          The Director of Fish and Wildlife Law Enforcement shall cause the person referred to in subsection (1) or (2) to be notified of the disentitlement under those
subsections.

99.1(4)          Where ten years have elapsed from the date of the second conviction of a person referred to in paragraph (2)(b),

   (a)               the person whose licence or permit is cancelled may apply to the Minister requesting a review of the circumstances of the case, and
   
   (b)               the Minister may, on receipt of the application, review the circumstances of the case and remove the bar on future applications imposed by subsection (2).

3                           Section 100 of the Act is amended by striking out "or 98.1" and substituting ", 98.1 or 99.1".

4                           Subsection 102(1) of the Act is amended by striking out "or 98.1" and substituting ", 98.1 or 99.1".

5                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

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