BILL 16 - An Act to Amend the Fish and Wildlife Act

BILL 16

An Act to Amend the Fish and Wildlife Act

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

1 Section 64 of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended by adding after subsection (1) the following:

64(1.01) Notwithstanding paragraph (1)(a), the Minister, to allow for requisite consultations, may extend for a period of one year the term of an angling lease referred to in subsection (1) and subsisting on the commencement of this subsection and may twice thereafter further extend the term of the lease, each such extension being for a further period of one year.

2 Section 66 of the Act is amended by adding after subsection (1) the following:

66(1.1) Notwithstanding subsection (1), where under subsection 64(1.01) the Minister extends the term of an angling lease, the lessee shall pay to the Minister as rent for the lease for the period of such extension the annual rental fee agreed to by the Minister and the lessee at the time of such extension.

3 Section 67 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

67 Where a lessee fails to pay to the Minister the annual rental fee in accordance with the terms and conditions of the angling lease or as agreed to by the Minister and the lessee at the time of the extension of the angling lease under subsection 64(1.01),

EXPLANATORY NOTES

Section 1

The new subsection 64(1.01) authorizes the Minister of Natural Resources and Energy to extend, as set out in that subsection, the term of certain angling leases.

Section 2

Where the Minister of Natural Resources and Energy acts under the authority of the new subsection 64(1.01) of the Fish and Wildlife Act, as enacted by section 1 of this amending Act, the lessee shall pay to the Minister as rent for the angling lease for the period of such extension the annual rental fee agreed to by the Minister and the lessee at the time of such extension.

Section 3

The existing provision is as follows:

67 Where a lessee fails to pay to the Minister the annual rental fee in accordance with the terms and conditions of the angling lease,

(a) the Minister may declare the lease void, in which case the lessee shall forfeit all rights held under the lease; and

(b) the lessee is liable at the suit of Her Majesty for the annual rental fee and all expenses incurred by the Minister on account of the forfeiture, including all expenses attributable to issuing a new lease.