BILL 53

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1 Paragraph 6(2)(a) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is repealed.

2 The Act is amended by adding after section 11 the following:

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.

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.

3 Subsection 34(5) of the French version of the Act is amended

(a) by striking out "le mainate bronzé" and substituting "le quiscale bronzé";

(b) by striking out "l'étourneau de l'Ancien Monde" and substituting "l'étourneau sansonnet";

(c) by striking out "le campagnol des rochers, la belette" and substituting "le campagnol des rochers, l'hermine".

4 Section 51 of the Act is amended

(a) in subsection (1)

(i) in paragraph (a) by striking out "for sale" and substituting "for sale, trade or barter";

(ii) in paragraph (b) by striking out "for sale" and substituting "for sale, trade or barter";

(b) in subsection (2)

(i) in paragraph (a) by striking out "for sale" and substituting "for sale, trade or barter";

(ii) in paragraph (b) by striking out "for sale" and substituting "for sale, trade or barter";

(iii) in paragraph (c) by striking out "for sale" and substituting "for sale, trade or barter".

5 Paragraph 52(b) of the Act is amended by striking out "sells, offers or exposes for sale" and substituting "sells, trades or barters, offers or exposes for sale, trade or barter".

6 Paragraph 54(b) of the Act is amended by striking out "sells, offers or exposes for sale" and substituting "sells, trades or barters, offers or exposes for sale, trade or barter".

7 Paragraph 59(b) of the Act is amended by striking out "next following the issuance of the registration permit" and substituting "in the calendar year next following the calendar year in which the registration permit was issued".

8 The Act is amended by adding after section 62 the following:

62.1 Notwithstanding any other provision of this Act or the regulations, a person may, without a permit issued under this Act, have in his or her possession antlers shed from a moose or deer.

9 The Act is amended by adding after section 83 the following:

83.01(1) Except for the purposes of angling for Atlantic salmon and subject to subsection (2), a resident under the age of sixteen years is not required

(a) to obtain a licence to angle, or

(b) to be authorized to angle under a licence issued to another person.

83.01(2) A resident under the age of sixteen years is required to obtain a licence to angle on special Crown reserve waters, regular Crown reserve waters or daily Crown reserve waters described in section 7 of the General Angling Regulation - Fish and Wildlife Act or on the waters described in Schedule D of that regulation.

83.01(3) Paragraph 34(2)(a) and subsection 94(2) do not apply in relation to a resident under the age of sixteen years who, in accordance with this section, is not required

(a) to obtain a licence to angle, or

(b) to be authorized to angle under a licence issued to another person.

10 The Act is amended by adding after section 84 the following:

84.1 A vendor may retain from the money received from the sale of licences a commission for the discharge of his or her duties as a vendor in an amount determined by the Minister.

11 Subsection 91(2) of the Act is amended by striking out "next following the issuance of the transfer permit" and substituting "in the calendar year next following the calendar year in which the transfer permit is issued".

12 Section 99 of the Act is amended by striking out "a minor offence under this Act" and substituting "a minor offence".

13 The Act is amended by adding after section 105 the following:

105.1(1) When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:

(a) to refrain from doing anything that may result in the continuation or repetition of the offence,

(b) to take any action the judge considers appropriate to remedy any harm to any species of fish or wildlife, or both, or their habitat that has resulted, is resulting or may result from the act or omission that constituted the offence,

(c) to perform community service,

(d) to pay money for the purpose of promoting the proper management and control or conservation and protection of fish or wildlife, or both, or their habitat,

(e) to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section, or

(f) to comply with any other direction or condition the judge considers appropriate in the circumstances.

105.1(2) Where a judge makes an order under paragraph (1)(d) directing a person to pay money, the money shall be deposited to the credit of the Wildlife Trust Fund.

105.1(3) An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.

105.1(4) The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed five years.

14 The Act is amended by adding after section 106 the following:

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.

106.1(2) An application may be made under subsection (1) either before or after the expiration of the limitation period under section 95 of the Provincial Offences Procedure Act.

106.1(3) Where an application is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the judge considers appropriate, be placed in a packet and sealed by the judge and shall not be dealt with except in accordance with any terms and conditions specified by the judge.

15 Section 118 of the Act is amended

(a) in subsection (1)

(i) by adding after paragraph (e) the following:

(e.1) respecting the Wildlife Trust Fund, including without limiting the generality of the foregoing, respecting the establishment of the Wildlife Trust Fund, the trustee of the Wildlife Trust Fund, the money to be paid into the Wildlife Trust Fund and the purposes for which payments may be made out of the Wildlife Trust Fund;

(e.2) respecting the Wildlife Council, including without limiting the generality of the foregoing, respecting the establishment of the Wildlife Council, the composition of and appointments to the Wildlife Council, the term of office of members of the Wildlife Council, the appointment of a chairperson and vice-chairperson of the Wildlife Council, the duties and responsibilities of the Wildlife Council and the remuneration of and reimbursement of expenses of the members of the Wildlife Council;

(ii) by repealing paragraph (bb) and substituting the following:

(bb) respecting fees for the purposes of this Act and the regulations including conservation fees to be paid on the application for or purchase of licences issued under this Act or the regulations;

(b) by adding after subsection (1) the following:

118(1.1) A regulation under paragraph (1)(e.1) or (e.2) may be made retroactive to any date, including a date before the commencement of this subsection.

16(1) Subparagraph 15(a)(ii) of this Act shall be deemed to have come into force on July 23, 1997.

16(2) New Brunswick Regulations 97-96, 97-115, 97-116, 97-117 and 97-118 under the Fish and Wildlife Act shall be deemed to have been validly made.