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

Legislature :
55
Session :
1
Bill No. :
34
Member :
Hon. Mr. Ashfield
First Reading :
2004-3-31
Second Reading :
2004-4-2
Committee of the Whole :
2004-5-25
Amended :
Third Reading :
2004-5-26
Royal Assent :
2004-5-28
Download PDF :
Bill 34

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



1(1)                   The title of the French version of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:



Loi sur le poisson et la faune



1(2)                   If in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement of other instrument or document, reference is made to the Loi sur la pêche sportive et la chasse, it shall be read, unless the context otherwise requires, as a reference to the Loi sur le poisson et la faune.



2                           Subsection 1(1) of the Act is amended



(a)               by repealing the definition "exotic wildlife" and substituting the following:



"exotic wildlife" means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;



(b)               by repealing the definition "wildlife" and substituting the following:



"wildlife" means



(a)               any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and



(b)               any exotic wildlife that has been introduced into the wild in the Province,



and includes any part of such animal or bird;



3                           Subsection 6(3) of the Act is amended by striking out "game warden" and substituting "conservation officer".



4                           Section 7 of the Act is repealed and the following is substituted:



7(1)                   The Minister may appoint



(a)               persons employed within the Department, and



(b)               other persons considered by the Minister to be suitable,



to be conservation officers, who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.



7(2)                   The Minister may appoint



(a)               persons who are employed within the Department,



(b)               persons who have volunteered their services to the Minister and who have been nominated for such purpose by a lessee, a conservation association, a fish or wildlife association, a riparian association, or a private owner of riparian angling rights in New Brunswick, or



(c)                other persons considered by the Minister to be suitable,



to be assistant conservation officers, who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.



7(3)                   The following persons are ex officio conservation officers under this Act:



(a)               members of the Royal Canadian Mounted Police;



(b)               police officers appointed pursuant to the Police Act;



(c)                fishery officers designated under the Fisheries Act (Canada);



(d)               members of the Canadian Forces while engaged in lawful military police duties; and



(e)                game officers designated under the Migratory Birds Convention Act, 1994 (Canada).



5                           Section 8 of the Act is amended in the portion preceding paragraph (a) by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



6                           Section 9 of the Act is amended in the portion preceding paragraph (a) by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



7                           The heading "WARDENS" preceding section 10 of the Act is repealed and the following is substituted:



CONSERVATION OFFICERS



8                           Section 10 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



10(1)               Every conservation officer, and every assistant conservation officer who is accompanied by or is acting under the immediate supervision of a conservation officer, may exercise all the powers and authorities conferred upon him or her by this Act in any part of the Province.



(b)               in subsection (2) by striking out "assistant game warden" and substituting "assistant conservation officer".



9                           Section 11 of the Act is amended by striking out "game warden and deputy game warden" and substituting "conservation officer".



10                        Section 11.1 of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



11                        Section 11.2 of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



12                        Section 12 of the Act is amended



(a)               in the portion preceding paragraph (a) by striking out "game warden, deputy game warden and assistant game warden" and substituting "conservation officer and assistant conservation officer";



(b)               in the portion following paragraph b) of the French version by striking out "Loi sur la pêche sportive et la chasse" and substituting "Loi sur le poisson et la faune".



13                        Section 13 of the Act is amended



(a)               in the portion preceding paragraph (1)(a) by striking out "game warden, deputy game warden and assistant game warden" and substituting "conservation officer and assistant conservation officer";



(b)               by repealing subsection (2) and substituting the following:



13(2)               The information furnished under subsection (1), and all information furnished by a conservation officer or assistant conservation officer to the Minister or the Minister's designate, is confidential and privileged and no conservation officer, assistant conservation officer or person to whom the information is furnished is compellable to disclose the information or the name of an informant.



14                        Section 15 of the Act is amended



(a)               by repealing paragraph (3)(b) and substituting the following:



(b)               may hunt or angle while acting as a guide if he or she is a holder of a valid licence issued by the Minister authorizing the hunting or angling, as the case may be.



(b)               in the portion following paragraph (4)b) of the French version by striking out "Loi sur la pêche sportive et la chasse" wherever it appears and substituting "Loi sur le poisson et la faune".



15                        Section 16 of the Act is amended by striking out "game warden" and substituting "conservation officer".



16                        Section 21 of the Act is repealed and the following is substituted:



21                        An assistant conservation officer acting under the immediate supervision of a conservation officer shall have the same power of arrest as a conservation officer has under section 119 of the Provincial Offences Procedure Act except that an assistant conservation officer shall deliver the person arrested to a conservation officer as soon as practicable and the conservation officer to whom the person arrested is delivered shall be deemed to have arrested the person and shall proceed in accordance with the Provincial Offences Procedure Act.



17                        Section 21.2 of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



18                        Section 21.3 of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



19                        Section 23 of the Act is amended by striking out "game warden, deputy game warden and assistant game warden" and substituting "conservation officer and assistant conservation officer".



20                        Section 24 of the Act is amended in the portion preceding paragraph (a) by striking out "game warden or deputy game warden" and substituting "conservation officer".



21                        Section 25 of the Act is repealed and the following is substituted:



25(1)               Every assistant conservation officer who would, if he or she were a conservation officer, be authorized, because of the remoteness of the lands and waters under his charge, to act under section 21.2 and who has reasonable and probable grounds to believe that



(a)               any fish or wildlife was taken or killed by illegal means or in an illegal manner, or at a time when the taking and killing of such fish or wildlife is prohibited by lawful authority,



(b)               any firearm, silencer, trap, snare, net, seine, rod, creel, light, vehicle, aircraft, boat, skiff, canoe or vessel of any description, material, implement or appliance



(i)         was used by a person,



(ii)       was in the possession of a person, or



(iii)    has been used by or is in the possession of a person,



in violation of this Act or the regulations, or



(c)                a vehicle, aircraft, boat, skiff, canoe or vessel has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations,



may, within the limits of the waters and lands under his charge, seize any fish, wildlife or other thing referred to in this subsection, which he discovers in plain view.



25(2)               An assistant conservation officer acting under the immediate supervision of a conservation officer may seize anything which the assistant conservation officer discovers in plain view in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed.



25(3)               Where a conservation officer is carrying out a lawful search under this Act or the Provincial Offences Procedure Act, an assistant conservation officer while accompanied by and acting under the immediate supervision of the conservation officer may, on the direction of the conservation officer, assist him or her in carrying out the search and any seizure that may result from the search.



22                        Section 27 of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



23                        Section 27.1 of the Act is amended by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



24                        Subsection 27.2(1) of the Act is amended by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



25                        Section 29 of the Act is amended



(a) in subsection (1) by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer";



(b)               in subsection (2) by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



26                        Section 30 of the Act is amended by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



27                        Section 30.1 of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following:



30.1                  Where a conservation officer or assistant conservation officer seizes anything referred to in subsection 29(2) or section 30, the conservation officer or assistant conservation officer, as the case may be, shall return the thing seized to the owner or person in possession at the time of the seizure



28                        Paragraph 33(2)(d) of the Act is amended by striking out "game warden" and substituting "conservation officer".



29                        Subsection 38(1) of the Act is amended by striking out ", excluding varying hare,".



30                        Paragraph 39.1(2)(a) of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



31                        Section 40 of the Act is amended in the portion preceding paragraph (a) by striking out "game warden or deputy game warden" and substituting "conservation officer".



32                        Section 41 of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



33                        Subsection 42(1) of the Act is amended in the portion preceding paragraph (a) by striking out "game warden or a deputy game warden" and substituting "conservation officer".



34                        Section 46 of the Act is amended



(a)               in subsection (1) by striking out "game warden or deputy game warden" and substituting "conservation officer";



(b)               in subsection (2) by striking out "game warden or deputy game warden" and substituting "conservation officer";



(c)               in subsection (6) by striking out "assistant game warden" and substituting "assistant conservation officer";



(d)               in subsection (8) by striking out "game warden or deputy game warden" and substituting "conservation officer".



35                        Subsection 47.1(1) of the Act is amended by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer".



36                        Section 49 of the Act is amended by striking out "game warden or a deputy game warden" and substituting "conservation officer".



37                        Section 65 of the Act is amended by striking out "assistant game wardens" and substituting "assistant conservation officers".



38                        Subsection 83.01(2) of the French version of the Act is amended by striking out "Loi sur la pêche sportive et la chasse" and substituting "Loi sur le poisson et la faune".



39                        Section 94 of the Act is amended



(a)               in paragraph (2)(b) by striking out "game warden, deputy game warden or assistant game warden" and substituting "conservation officer or assistant conservation officer";



(b)               by repealing subsection (2.1) and substituting the following:



94(2.1)          Every conservation officer and every assistant conservation officer acting under the immediate supervision of a conservation officer may upon signal stop any conveyance and require the driver or occupant thereof to produce for inspection any permit or licence issued to him or her under this Act or the regulations.



40                        Subsection 97(1) of the Act is repealed and the following is substituted:



97(1)               Where a person has been convicted of two major offences within a five year period, every licence or permit held by the person under this Act shall be cancelled by the Minister effective from the date of the second conviction, and, subject to subsection (2), the person shall not during the person's lifetime be entitled to obtain or apply for a licence or permit issued under this Act.



41                        Section 99 of the Act is repealed and the following is substituted:



99                        Where a person is convicted of a minor offence, or any offence under the Crown Lands and Forests Act other than an offence under subsection 67(1), and the person was the holder of a guide I or II licence at the time of the offence, every licence or 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 for a period of one year from the date of conviction.



42                        Subsection 104(4) of the Act is repealed and the following is substituted:



104(4)            Every person who violates any of the provisions of this Act or the regulations that is not otherwise stated to be an offence commits an offence and is liable upon conviction to a fine of not less than one hundred dollars and not more than five hundred dollars.



43                        Subsection 106(1) of the Act is amended by striking out "game warden or a deputy game warden" and substituting "conservation officer".



44                        Subsection 106.1(1) of the Act is amended by striking out "game warden or deputy game warden" and substituting "conservation officer".



45                        Section 114.1 of the Act is amended



(a) in subsection (1) by striking out "devices and";



(b)               by repealing paragraph (2)(a) and substituting the following:



(a)               stating that he or she has analyzed a portion of meat, tissue or body fluid utilizing a procedure prescribed by regulation, and



Transitional provisions

46(1)               Every person appointed as a game warden or deputy game warden holding office immediately before the coming into force of this section is a conservation officer holding office in accordance with the Fish and Wildlife Act and shall continue to hold office until he or she is reappointed, a replacement is appointed or his or her appointment is terminated.



46(2)               Every person appointed as an assistant game warden holding office immediately before the coming into force of this section is an assistant conservation officer holding office in accordance with the Fish and Wildlife Act and shall continue to hold office until he or she is reappointed, a replacement is appointed or his or her appointment is terminated.



47                        Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document



(a)               reference is made to a game warden or deputy game warden, it shall be read, unless the context otherwise requires, as a reference to a conservation officer;



(b)               reference is made to an assistant game warden, it shall be read, unless the context otherwise requires, as a reference to an assistant conservation officer.



Consequential amendments

Endangered Species Act

48(1)               Section 1 of the Endangered Species Act, chapter E-9.101 of the Acts of New Brunswick, 1996, is amended



(a)               by repealing the definition "assistant game warden";



(b)               by repealing the definition "deputy game warden";



(c)               by repealing the definition "game warden";



(d)               by adding the following definitions in alphabetical order:



"assistant conservation officer" means an assistant conservation officer appointed under the Fish and Wildlife Act;



"conservation officer" means a conservation officer appointed under the Fish and Wildlife Act;



48(2)               Section 4 of the Act is amended



(a)               in paragraph (1)(a) by striking out "game warden, a deputy game warden or an assistant game warden" and substituting "conservation officer or an assistant conservation officer";



(b)               in paragraph (2)(a) by striking out "game warden, a deputy game warden or an assistant game warden" and substituting "conservation officer or an assistant conservation officer".



48(3)               The heading "Application de certaines dispositions de la Loi sur la pêche sportive et la chasse" preceding section 5 of the French version of the Act is repealed and the following is substituted:



Application de certaines dispositions de la Loi sur le poisson et la faune



48(4)               Section 5 of the Act is repealed and the following is substituted:



5                           The provisions of the Fish and Wildlife Act relating to the powers of a conservation officer or assistant conservation officer apply with the necessary modifications to this Act.



Motor Vehicle Act

49(1)               Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended in the definition "peace officer"



(a)               by repealing subparagraph (c.1)(ii) and substituting the following:



(ii)       conservation officer appointed under the Fish and Wildlife Act, and



(b)               by repealing subparagraph (c.1)(iii) and substituting the following:



(iii)    assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer,



49(2)               Subsection 15(1.1) of the Act is amended



(a)               by repealing paragraph (b) and substituting the following:



(b)               conservation officer appointed under the Fish and Wildlife Act, and



(b)               by repealing paragraph (c) and substituting the following:



(c)                assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer,



Off-Road Vehicle Act

50(1)               Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended in the definition "peace officer" by repealing paragraph (d) and substituting the following:



(d)               a conservation officer appointed under the Fish and Wildlife Act, and



50(2)               Section 24.1 of the Act is repealed and the following is substituted:



24.1                  Notwithstanding anything in the Provincial Offences Procedure Act or any other Act, for the purposes of the Provincial Offences Procedure Act, conservation officers appointed under the Fish and Wildlife Act are authorized persons who may serve appearance notices before an information is laid in respect of an offence under this Act.



Parks Act

51                        Subsection 16(1) of the French version of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended by striking out "Loi sur la pêche sportive et la chasse" and substituting "Loi sur le poisson et la faune".



Police Act

52                        Subsection 2(2) of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended by striking out "game warden" and substituting "conservation officer".



Protected Natural Areas Act

53                        Section 1 of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended in the definition "enforcement officer" by repealing paragraph (b) and substituting the following:



(b)               a conservation officer appointed under the Fish and Wildlife Act,



Provincial Offences Procedure Act

54                        Subparagraph 137c)(ii) of the French version of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by striking out "Loi sur la pêche sportive et la chasse" and substituting "Loi sur le poisson et la faune".



Trespass Act

55(1)               Section 1 of the Trespass Act, chapter T-11.2 of the Acts of New Brunswick, 1983, is amended in the definition "peace officer" by repealing paragraph (e) and substituting the following:



(e)                a conservation officer appointed under the Fish and Wildlife Act,



55(2)               Paragraph 2.1(1)a) of the French version of the Act is amended by striking out "Loi sur la pêche sportive et la chasse" and substituting "Loi sur le poisson et la faune".



Commencement

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



EXPLANATORY NOTES



Section 1



(1)                      The French version of the Fish and Wildlife Act is now entitled the Loi sur le poisson et la faune.



(2)                      Transitional provision.



Section 2



(a)               The existing definition is as follows:



"exotic wildlife" means all birds, mammals and other vertebrates that are not indigenous to the Province and that in their natural habitat are usually wild by nature, and includes any part of such birds, mammals or other vertebrates;



(b)               The existing definition is as follows:



"wildlife" means



(a)               any vertebrate animal or bird, excluding fish, that is wild by nature in the Province; and



(b)               any exotic wildlife that has been introduced into the wild in the Province,



and includes any part of such animal or bird;



Section 3



The existing provision is as follows:



6(3)                   The Director of Fish and Wildlife and the Director of Fish and Wildlife Law Enforcement may exercise all of the powers conferred by this Act and the regulations upon a game warden.



Section 4



The existing provision is as follows:



7(1)                   The Minister may appoint



(a)               persons employed within the Department, and



(b)               persons appointed as game officers under the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970,



to be game wardens or deputy game wardens, who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.



7(2)                   The Minister may appoint



(a)               persons who are employed within the Department;



(b)               persons who have volunteered their services to the Minister and who have been nominated for such purpose by a lessee, a conservation association, a fish or wildlife association, a riparian association, or a private owner of riparian angling rights in New Brunswick; or



(c)                other persons considered by the Minister to be suitable,



to be assistant game wardens, who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.



7(3)                   Members of the Royal Canadian Mounted Police, police officers appointed pursuant to the Police Act and fishery officers appointed pursuant to the Fisheries Act, chapter F-14 of the Revised Statutes of Canada, 1970, are ex officio game wardens under this Act.



Section 5



The existing provision is as follows:



8                           No person shall be appointed as a game warden, deputy game warden or assistant game warden unless he has passed to the satisfaction of the Minister or a person designated by the Minister an examination illustrating his knowledge of



Section 6



The existing provision is as follows:



9                           A document in writing signed by the Minister stating that the person named in the document has been appointed as a game warden, deputy game warden or assistant game warden shall, without proof of the appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has



Section 7



The existing heading is as follows:



WARDENS



Section 8



(a)               The existing provision is as follows:



10(1)               Every game warden and deputy game warden, and every assistant game warden who is accompanied by or is acting under the immediate supervision of a game warden, may exercise all the powers and authorities conferred upon him by this Act in any part of the Province.



(b)               The existing provision is as follows:



10(2)               Subject to subsection (1), every assistant game warden shall exercise the powers and authorities conferred upon him by this Act only on lands and waters under his charge.



Section 9



The existing provision is as follows:



11                        Every game warden and deputy game warden in carrying out his duties under this Act and the regulations has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970.



Section 10



The existing provision is as follows:



11.1                  A game warden or deputy game warden, for the purpose of ensuring compliance with this Act and the regulations, may inspect any firearm or ammunition in a person's possession in a resort of wildlife.



Section 11



The existing provision is as follows:



11.2                  The Minister, for the purpose of investigations and other law enforcement activities under this Act and the regulations, may in writing exempt a game warden or deputy game warden from the application of any provision of this Act or the regulations, subject to such terms and conditions as the Minister considers necessary.



Section 12



(a)               The existing provision is as follows:



12                        Every game warden, deputy game warden and assistant game warden, before beginning his duties, shall



(b)               This amendment is consequential on the amendment made in section 1 of this amending Act.



Section 13



(a)               The existing provision is as follows:



13(1)               Every game warden, deputy game warden and assistant game warden having knowledge of any violation of this Act or the regulations shall



(b)               The existing provision is as follows:



13(2)               The information furnished under subsection (1), and all information furnished by a game warden, deputy game warden, or assistant game warden to the Minister or his designate, is confidential and privileged and no game warden, deputy game warden, assistant game warden or person to whom the information is furnished is compellable to disclose the information or the name of an informant.



Section 14



(a)               The existing provision is as follows:



15(3)               The holder of a guide II licence...



(b)               may hunt or angle while acting as a guide.



(b)               This amendment is consequential on the amendment made in section 1 of this amending Act.



Section 15



The existing provision is as follows:



16                        Where a guide believes or has reasonable and probable grounds to believe that a person whom he is guiding has violated this Act or the regulations he shall report the violation immediately to a game warden, and if he neglects or omits to do so he commits an offence.



Section 16



The existing provision is as follows:



21                        An assistant game warden acting under the immediate supervision of a game warden shall have the same power of arrest as a game warden and a deputy game warden have under section 119 of the Provincial Offences Procedures Act except that an assistant game warden shall deliver the person arrested to a game warden as soon as practicable and the game warden to whom the person arrested is delivered shall be deemed to have arrested the person and shall proceed in accordance with the Provincial Offences Procedure Act.



Section 17



The existing provision is as follows:



21.2                  A game warden or deputy game warden, in addition to the powers of search given under the Provincial Offences Procedure Act, has the power to search without warrant any land, building, premises or place in or on which he has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations, if he believes on reasonable and probable grounds that it would be impracticable in the circumstances to obtain a search warrant.



Section 18



The existing provision is as follows:



21.3                  A game warden or deputy game warden, in addition to the powers of search given under the Provincial Offences Procedure Act, has the power to search without warrant any wild land in or on which he has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations.



Section 19



The existing provision is as follows:



23                        Every game warden, deputy game warden and assistant game warden in the discharge of his duties, and any person accompanied by him, may enter upon and pass through private property without being liable for trespass.



Section 20



The existing provision is as follows:



24                        A game warden or deputy game warden may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,



Section 21



The existing provision is as follows:



25(1)               Every assistant game warden who would, if he were a game warden or deputy game warden, be authorized, because of the remoteness of the lands and waters under his charge, to act under section 21.2 and who has reasonable and probable grounds to believe that



(a)               any fish or wildlife was taken or killed by illegal means or in an illegal manner, or at a time when the taking and killing of such fish or wildlife is prohibited by lawful authority,



(b)               any firearm, silencer, trap, snare, net, seine, rod, creel, light, vehicle, aircraft, boat, skiff, canoe or vessel of any description, material, implement or appliance



(i)         was used by a person,



(ii)       was in the possession of a person, or



(iii)    has been used by or is in the possession of a person,



in violation of this Act or the regulations; or



(c)                a vehicle, aircraft, boat, skiff, canoe or vessel has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations,



may, within the limits of the waters and lands under his charge, seize any fish, wildlife or other thing referred to in this subsection, which he discovers in plain view.



25(2)               An assistant game warden acting under the immediate supervision of a game warden may seize anything which he discovers in plain view in respect of which he has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed.



25(3)               Where a game warden is carrying out a lawful search under this Act or the Provincial Offences Procedure Act, an assistant game warden while accompanied by and acting under the immediate supervision of the game warden may, on the direction of the game warden, assist him in carrying out the search and any seizure that may result from the search.



Section 22



The existing provision is as follows:



27                        A game warden or deputy game warden may seize and may destroy, if necessary, any wildlife that has become incapacitated or is a nuisance or a menace to lives and property.



Section 23



The existing provision is as follows:



27.1                  Where a vehicle, aircraft, boat, skiff, canoe or vessel will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize a game warden, deputy game warden or assistant game warden to return the thing seized to a person with a property interest in it.



Section 24



The existing provision is as follows:



27.2(1)          Where a vehicle, aircraft, boat, skiff, canoe or vessel has been seized by a game warden, deputy game warden or assistant game warden and not returned under section 27.1, a person with a property interest in it may, after giving the prosecutor fourteen days notice of the person's intention of doing so, apply to a judge for the return of the thing seized.



Section 25



(a)               The existing provision is as follows:



29(1)               Where a game warden, deputy game warden or assistant game warden has seized any wildlife or fish carcass the game warden, deputy game warden or assistant game warden, as the case may be, shall, upon conviction of the person in possession of the fish or wildlife seized, deliver the fish or wildlife seized to the Minister and the Minister may dispose of it in such manner and at such time as the Minister sees fit.



(b)               The existing provision is as follows:



29(2)               Where a game warden, deputy game warden or assistant game warden has seized a firearm, silencer, trap, snare, light, net, rod, creel, seine, pelt or hide, the game warden, deputy game warden or assistant game warden, as the case may be, shall, if the judge orders the forfeiture of the thing seized, deliver the thing seized to the Minister and the Minister may, not sooner than thirty days after conviction, dispose of it by public auction or in such manner and at such time as the Minister sees fit.



Section 26



The existing provision is as follows:



30                        Where a game warden, deputy game warden or assistant game warden has seized a vehicle, aircraft, boat, skiff, canoe, vessel, material, implement or appliance, the game warden, deputy game warden or assistant game warden, as the case may be, shall, if the judge orders the forfeiture of the thing seized, hold the thing seized pending instructions from the Minister, who may, not sooner than thirty days after the conviction, dispose of it at public auction or in such manner and at such time as the Minister sees fit.



Section 27



The existing provision is as follows:



30.1                  Where a game warden, deputy game warden or assistant game warden seizes anything referred to in subsection 29(2) or section 30, the game warden, deputy game warden or assistant game warden, as the case may be, shall return the thing seized to the owner or person in possession at the time of the seizure



Section 28



The existing provision is as follows:



33(2)               A person or an association of persons may apply to the Minister, subject to and in accordance with the regulations, for a permit to do any, or any combination of, the following: …



(d)               to use a hound or hounds, except at night, to hunt a bear if, in the opinion of the Minister, the hunting of the bear with a hound or hounds is necessary for the prevention of damage to private property or injury to occupants of occupied land and if the carcass is surrendered immediately to the nearest game warden.



Section 29



The existing provision is as follows:



38(1)               Every person who, without a permit issued under paragraph 90(1)(a) or (d), takes any wildlife, excluding varying hare, into captivity or keeps it in captivity commits an offence.



Section 30



The existing provision is as follows:



39.1(2)          Subsection (1) does not apply to



(a)               a game warden or deputy game warden acting under subsection 27,



Section 31



The existing provision is as follows:



40                        Every person commits an absolute liability offence who, not being a game warden or deputy game warden, has in his possession a loaded firearm or discharges a firearm



Section 32



The existing provision is as follows:



41                        Every person commits an offence who, not being the holder of a proper licence and not being a game warden or a deputy game warden exercising his authority under this Act, takes, carries or has in his possession in or upon a resort of wildlife a firearm during the open season for hunting.



Section 33



The existing provision is as follows:



42(1)               Every person commits an offence who, not being authorized under subsection (2), (3) or (4) and not being a game warden or a deputy game warden in the exercise of his authority under this Act,



Section 34



(a)               The existing provisions are as follows:



46(1)               Subject to subsections 34(4) and (7) and subsections (3), (4), (5), (6) and (7), every person, other than a game warden or deputy game warden, who at any time discharges a rim-fire rifle, a centre-fire rifle or a shotgun loaded with ball or slug within four hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.



(b)               The existing provision is as follows:



46(2)               Subject to subsections 34(4) and (7) and subsections (3), (4), (5), (6) and (7), every person, other than a game warden or deputy game warden who at any time discharges a muzzle-loading firearm, a shotgun loaded with other than ball or slug or a bow charged with an arrow within two hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.



(c)                The existing provision is as follows:



46(6)               The Minister may exempt an assistant game warden from the application of this section for the purpose of enabling him to destroy wildlife.



(d)               The existing provision is as follows:



46(8)               Subject to subsection (5), a game warden or deputy game warden may seize any wildlife killed, wounded or taken in violation of this section.



Section 35



The existing provision is as follows:



47.1(1)          Subject to subsections 34(4) and (7) and subsection (2), every person other than a game warden, deputy game warden or assistant game warden who at any time sets or places a trap or snare, other than a trap or snare set or based in water, within three hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.



Section 36



The existing provision is as follows:



49                        Where a dog is found running at large in a resort of wildlife the dog may be killed on sight by a game warden or a deputy game warden.



Section 37



The existing provision is as follows:



65                        Every lessee of an angling lease shall keep and maintain, at his own expense, within the limits of the waters granted to him by the lease, for such period as the Minister considers necessary, one or more assistant game wardens appointed by the Minister.



Section 38



This amendment is consequential on the amendment made in section 1 of this amending Act.



Section 39



(a)               The existing provision is as follows:



94(2)               Every person, when hunting, trapping or snaring wildlife or angling, shall...



(b)               produce the licence or permit for inspection upon the demand of a game warden, deputy game warden or assistant game warden.



(b)               The existing provision is as follows:



94(2.1)          Every game warden and deputy game warden and every assistant game warden acting under the immediate supervision of a game warden may upon signal stop any conveyance and require the driver or occupant thereof to produce for inspection any permit or licence issued to him under this Act or the regulations.



Section 40



The existing provision is as follows:



97(1)               Where a person has been convicted of two major offences, every licence or permit held by him under this Act shall be cancelled by the Minister effective from the date of the second conviction, and, subject to subsection (2), he shall not during his lifetime be entitled to obtain or apply for a licence or permit issued under this Act.



Section 41



The existing provision is as follows:



99                        Where a guide has been convicted of a minor offence, or any offence under the Crown Lands and Forests Act other than an offence under subsection 67(1), all licences issued to him under this Act shall be cancelled immediately by the Minister and he shall not be entitled to obtain any licence under this Act for a period of twelve months from the date of the conviction.



Section 42



The existing provision is as follows:



104(4)            Every person who violates any of the provisions of this Act or the regulations that is not otherwise stated to be an offence commits an offence and is liable upon conviction to a fine of not less than fifty dollars and not more than three hundred dollars.



Section 43



The existing provision is as follows:



106(1)            Proceedings in respect of an offence under this Act may be commenced only by a game warden or a deputy game warden.



Section 44



The existing provision is as follows:



106.1(1)       Notwithstanding section 95 of the Provincial Offences Procedure Act, a game warden or deputy game warden may, on oath or solemn affirmation, apply to a judge for, and the judge, considering the nature of the investigation into the offence, may grant, an extension of the limitation period within which proceedings may be commenced in relation to a resident, but in no case shall the limitation period extend beyond two years after the date on which the offence was, or is alleged to have been, committed.



Section 45



(a)               The existing provision is as follows:



114.1(1)       The Lieutenant-Governor in Council may by regulation prescribe the devices and procedures to be used by a qualified technician appointed by the Minister under paragraph 114(c) in order to determine the identity by species of any meat, tissue or body fluid.



(b)               The existing provision is as follows:



114.1(2)       In a prosecution or proceeding under this Act in which proof is required with respect to the identity by species of any meat, tissue or body fluid, a certificate of a qualified technician appointed by the Minister under paragraph 114(c)



(a)               stating that he has analyzed a portion of meat, tissue or body fluid utilizing a device prescribed by regulation in accordance with procedures prescribed by regulation, and



Section 46



(1) and (2)   Transitional provisions.



Section 47



Transitional provision.



Section 48



(1) to (4)      Consequential amendments to the Endangered Species Act.



Section 49



(1) and (2)   Consequential amendments to the Motor Vehicle Act.



Section 50



(1) and (2)   Consequential amendments to the Off-Road Vehicle Act.



Section 51



Consequential amendment to the Parks Act.



Section 52



Consequential amendment to the Police Act.



Section 53



Consequential amendment to Protected Natural Areas Act.



Section 54



Consequential amendment to the Provincial Offences Procedure Act.



Section 55



Consequential amendments to the Trespass Act.



Section 56



Commencement provision.

 

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