BILL 10

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 French version of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended

(a)  by repealing the definition “pêche à la cuiller”;

(b)  in the definition “pêche à la mouche” by striking out “cuiller” and substituting “traîne”;

(c)  by adding the following definition in alphabetical order:

« pêche à la traîne » désigne l’action de capturer ou d’essayer de capturer du poisson au moyen d’une canne, d’un hameçon ou d’une ligne tirés dans l’eau ou sur l’eau à l’aide d’un bateau ou d’une embarcation quelconque mû mécaniquement ou à bras; (trolling)

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

83.001 For the purposes of sections 83.01 to 83.03, when a person under the age of 16 years accompanies the holder of a valid licence to angle, they shall at all times remain within visual or auditory contact of each other without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.

3 Section 83.01 of the Act is repealed and the following is substituted:

Persons under the age of 16 years

83.01(1) Subject to subsections 83.02(1) and 83.03(1), a person under the age of 16 years is not required to be authorized to angle

(a)  by obtaining a licence to angle, or

(b)  by accompanying the holder of a valid licence to angle.

83.01(2) Subparagraph 34(2)(c)(i) and subsection 94(2) do not apply in relation to a person referred to in subsection (1).

4 The Act is amended by adding after section 83.01 the following:

Persons under the age of 16 years angling Atlantic salmon

83.02(1) A person under the age of 16 years is required to be authorized to angle Atlantic salmon

(a)  by obtaining a licence to angle Atlantic salmon, or

(b)  by accompanying the holder of a valid Atlantic salmon licence who is 16 years of age or older to angle.

83.02(2) Where a person under the age of 16 years commits or is otherwise party to an offence under this Act or the regulations while angling for Atlantic salmon under a licence issued to another person, the holder of the licence is a party to the offence if he or she

(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 under the age of 16 years.

83.02(3) If the holder of the licence is a party to an offence, he or she may be charged with, convicted of and sentenced for the offence, whether or not the person under the age of 16 years is charged with or convicted of the offence.

Persons under the age of 16 years angling on Crown reserve waters

83.03(1) A person under the age of 16 years is required to be authorized 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

(a)  by obtaining a licence to angle, or

(b)  by accompanying the holder of a valid Crown reserve licence who is 16 years of age or older to angle.

83.03(2) Where a person under the age of 16 years commits or is otherwise party to an offence under this Act or the regulations while angling on the waters described in subsection (1), the holder of the Crown reserve licence is a party to the offence if he or she

(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 under the age of 16 years.

83.03(3) If the holder of the Crown reserve licence is a party to an offence, he or she may be charged with, convicted of and sentenced for the offence, whether or not the person under the age of 16 years is charged with or convicted of the offence.

5 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.