BILL 11
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 in the definition “fly fishing” by striking out “, but does not include trolling” and substituting “and includes trolling”.
2 Section 6 of the Act is repealed and the following is substituted:
Director of Fish and Wildlife and Director of Fish and Wildlife Law Enforcement
6(1) The Minister may appoint a person employed within the Department to be Director of Fish and Wildlife to perform any duties as may from time to time be assigned to the person by the Minister and other duties set out in this Act and the regulations.
6(2) The Minister may appoint a person employed within the Department to be Director of Fish and Wildlife Law Enforcement to perform any duties as may from time to time be assigned to the person by the Minister and other duties set out in this Act and the regulations.
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 on a conservation officer.
6(4) The Minister shall cause to be published in The Royal Gazette notice of the appointment of the Director of Fish and Wildlife and of the Director of Fish and Wildlife Law Enforcement and, on publication, judicial notice shall be taken in all courts in the Province that the person named in the notice has been appointed by the Minister in accordance with this Act.
3 Section 7 of the Act is amended
(a)  by adding the following after subsection (1):
7(1.1) The Minister may appoint persons performing a similar function in another jurisdiction to be conservation officers, but the appointment shall only be made for the purpose of a special investigation.
7(1.2) Persons appointed under subsection (1.1), during the period for which they are appointed, 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.
(b)  in subsection (3)
(i) by striking out “and” at the end of paragraph (d) of the English version;
(ii) by striking out the period at the end of paragraph (e) and substituting a semicolon followed by “and”;
(iii) by adding after paragraph (e) the following:
(f)  wildlife protection officers appointed for the purposes of the Act respecting the conservation and development of wildlife (Quebec), while in the course of performing their duties in respect of angling, in an area consisting of a portion of the boundary waters of the Patapedia River, not including its tributaries, from the One Mile Post at the border between the Province of New Brunswick and the Province of Quebec, downriver on the boundary waters of the Restigouche River, to the J. C. Van Horne Bridge.
4 The Act is amended by adding after section 8 the following:
Persons exempt from examination
8.1 Section 8 does not apply to persons appointed to be conservation officers under subsection 7(1.1).
5 The Act is amended by adding after section 12 the following:
Persons exempt from oath of office
12.1 Section 12 does not apply to persons appointed to be conservation officers under subsection 7(1.1).
6 Paragraph 33(2)(c) of the Act is repealed.
7 The Act is amended by adding after section 33 the following:
33.1 The dog training referred to in paragraph 33(2)(b) shall only take place during the periods specified in the regulations.
33.2(1) Subject to and in accordance with the regulations, any person or an association of persons may apply to the Minister for a permit to show, train, test or approve any dog or type or breed of dog by field trial using wildlife, except bear, moose or deer.
33.2(2) Subject to and in accordance with the regulations, the Minister may
(a)  issue to the applicant a permit under subsection (1) if satisfied that the applicant has met the requirements of this Act and the regulations,
(b)  authorize in the permit the holding of a field trial at any time of the day or at any time of the night by means of or with the assistance of a light,
(c)  specify in the permit the period during which the field trial is authorized to be held, and
(d)  impose any other terms and conditions in relation to the permit as the Minister considers appropriate.
8 Section 34 of the Act is amended
(a)  in subsection (2)
(i) by repealing paragraph (a) and substituting the following:
(a)  hunts wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations,
(ii) by striking out the period at the end of paragraph (b) and substituting a semicolon followed by “or”;
(iii) by adding after paragraph (b) the following:
(c)  angles for any fish unless
(i) authorized by licence issued under this Act or the regulations, or
(ii) authorized by a fishing licence issued by the Province of Quebec and fishes in accordance with the terms and conditions of that licence and within the boundary waters of the Restigouche and Patapedia rivers.
(b)  by adding after subsection (2) the following:
34(2.1) If there is any inconsistency or conflict between the terms and conditions of the fishing licence referred to in subparagraph (2)(c)(ii) and any provision of this Act or the regulations, the terms and conditions of that licence prevail to the extent of the inconsistency or conflict.
9 Section 46 of the Act is amended
(a)  by repealing subsection (2) and substituting the following:
46(2) Subject to subsections 34(4) and (7) and subsections (3), (4), (5), (6) and (7), every person, other than a conservation officer, who at any time discharges a muzzle-loading firearm or a shotgun loaded with other than ball or slug within two hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.
(b)  by adding after subsection (2) the following:
46(2.1) Subject to subsections 34(4) and (7) and subsections (4.1), (5), (6) and (7), every person, other than a conservation officer, who at any time discharges a bow charged with an arrow within one hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.
(c)  by repealing subsection (3) and substituting the following:
46(3) The owner or occupant of a dwelling who is authorized by a licence issued under this Act or the regulations to hunt, trap or snare may discharge a rim-fire rifle, centre-fire rifle or a shotgun loaded with ball or slug within four hundred metres of his or her dwelling if the point of discharge is more than four hundred metres from any other dwelling and from any school, playground, athletic field, dump or place of business.
(d)  by repealing subsection (4) and substituting the following:
46(4) The owner or occupant of a dwelling who is authorized by a licence issued under this Act or the regulations to hunt, trap or snare may discharge 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 his or her dwelling if the point of discharge is more than two hundred metres from any other dwelling and from any school, playground, athletic field, dump or place of business.
(e)  by adding after subsection (4) the following:
46(4.1) The owner or occupant of a dwelling who is authorized by a licence issued under this Act or the regulations to hunt may discharge a bow charged with an arrow within one hundred metres of his or her dwelling if the point of discharge is more than one hundred metres from any other dwelling and from any school, playground, athletic field, dump or place of business.
10 Paragraph 48(2)(b) of the Act is amended by striking out “subsection 33(3)” and substituting “subsection 33(3) or 33.2(1)”.
11 Subsection 83.01(3) of the Act is amended in the portion preceding paragraph (a) by striking out “Paragraph 34(2)(a)” and substituting “Subparagraph 34(2)(c)(i)”.
12 Subsection 91(1) of the Act is amended
(a)  in paragraph (c) by striking out “and” at the end of the paragraph;
(b)  in paragraph (d) by striking out the period at the end of the paragraph and substituting a semicolon followed by “and”;
(c)  by adding after paragraph (d) the following:
(e)  to a person authorizing the exportation of fish or wildlife specimens for scientific or educational purposes.
13 Section 95.1 of the Act is amended by striking out “subsection 46(1) or (2)” and substituting “subsection 46(1), (2) or (2.1)”.
14 Subsection 95.2(3) of the French version of the Act is amended by striking out “en matière de pêche sportive et de chasse” and substituting “en matière de poisson et de faune”.
15 Subsection 96.1(2) of the French version of the Act is amended by striking out “en matière de pêche sportive et de chasse” and substituting “en matière de poisson et de faune”.
16 Subsection 98.1(3) of the French version of the Act is amended by striking out “en matière de pêche sportive et de chasse” and substituting “en matière de poisson et de faune”.
17 Subsection 99.1(3) of the French version of the Act is amended by striking out “en matière de pêche sportive et de chasse” and substituting “en matière de poisson et de faune”.
18 Paragraph 101(2)(a) of the French version of the Act is amended by striking out “en matière de pêche sportive et de chasse” and substituting “en matière de poisson et de faune”.
19 Subsection 102(1) of the French version of the Act is amended by striking out “en matière de pêche sportive et de chasse” and substituting “en matière de poisson et de faune”.
20 Section 110 of the French version of the Act is amended in the portion following paragraph (d) by striking out “le directeur de la pêche sportive et de la chasse ou par le directeur de l’application de la loi en matière de pêche sportive et de chasse” and substituting “le directeur responsable du poisson et de la faune ou par le directeur de l’application de la loi en matière de poisson et de faune”.
21 Subsection 118(1) of the Act is amended
(a)  by repealing paragraph (w) and substituting the following:
(w)  respecting the use of, assistance or accompaniment by or training of any dog or type or breed of dog by a person or by an association of persons for any of the purposes described in subsection 33(2), including establishing the species or subspecies of any wildlife or exotic wildlife, except bear, moose or deer, that may be hunted or used for any of the purposes set out in paragraphs 33(2)(a) and (b);
(b)  by adding after paragraph (w) the following:
(w.01)  specifying the periods during which the dog training referred to in paragraph 33(2)(b) may take place;
(w.02)  respecting the showing, training, testing or approving referred to in section 33.2 of any dog or type or breed of dog by a person or by an association of persons, including establishing the species or subspecies of any wildlife or exotic wildlife, except bear, moose or deer, that may be used for the purposes of a field trial;
22 Schedule A of the Act is amended by adding
34(2)(c)(i)
 
100
300
34(2)(c)(ii)
 
100
300
after
34(2)(b)
 
100
300
23 Paragraph 3(b) of this Act comes into force on a day to be fixed by proclamation.