BILL 64

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 Subsection 1(1) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended

(a) by repealing the following definitions:

(i) "commercial fish pond";

(ii) "private fish pond";

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

"guide" means,

(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and

(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;

(c) in the definition "trap" by striking out "deadfall box" and substituting "deadfall, box".

2 Section 15 of the Act is amended

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

15(1) The Minister may issue

(a) a guide I licence to a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada), or

(b) a guide II licence to a resident,

but no person shall be issued both licences.

(b) in subsection (4) in the portion following paragraph (b) by striking out "in the Province of New Brunswick" and substituting "in the province or territory of _____________".

3 Section 17 of the Act is amended

(a) by striking out "licensed";

(b) by striking out "the Forest Fires Act and the Fisheries Act, chapter F-14 of the Revised Statutes of Canada, 1970" and substituting "the Endangered Species Act, the Forest Fires Act, the Fisheries Act (Canada), the Migratory Birds Convention Act, 1994 (Canada) and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada)".

4 The Act is amended by adding after section 17 the following:

17.1 Where a person who employed or retained the services of a guide commits or is otherwise party to an offence under this Act or the regulations and the guide

(a) ought reasonably to have prevented the offence from occurring, and

(b) failed to exercise due diligence to prevent the action or omission of the person who employed or retained the services of the guide,

the guide is a party to the offence and may be charged with, convicted of and sentenced for the offence, whether or not the person who employed or retained the services of the guide is charged with or convicted of the offence.

5 Subsection 19(1) of the Act is amended in the portion preceding paragraph (a) by striking out "licensed".

6 Subsection 34(6) of the Act is amended by striking out "may apply in writing" and substituting "may apply in person or in writing".

7 Section 99 of the Act is amended by striking out "licensed".

8 Subsection 118(1) of the Act is amended

(a) by repealing paragraph (m);

(b) by repealing paragraph (n);

(c) in paragraph (t) by adding "or anglers" after "by non-resident hunters";

(d) by repealing paragraph (cc) and substituting the following:

(cc) respecting forms for the purposes of this Act and the regulations;

9 Paragraph 8(c) of this Act shall be deemed to have come into force on July 16, 1980, and any regulation purportedly made under the authority of paragraph 118(1)(t) of the Fish and Wildlife Act, as that provision existed before the enactment of paragraph 8(c) of this Act, shall be deemed to have been validly made.