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2 Section 6 of the Act is repealed and the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
23 Paragraph 3(b) of this Act comes into force
on a day to be fixed by proclamation.