BILL 59

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 Section 34 of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended

(a)  by repealing subsection (4) of the French version and substituting the following:

34(4) Malgré les paragraphes (2) et (3), le propriétaire ou l’occupant d’une terre privée ou une personne qui aurait le droit de détenir un permis délivré en vertu de la présente loi ou des règlements et qui est désignée par le propriétaire ou l’occupant d’une terre privée peut, conformément aux règlements, chasser pendant une journée quelconque et à toute heure, sauf pendant la nuit, ou piéger, prendre au collet, enlever ou relocaliser pendant une journée quelconque et à toute heure tout animal de la faune visé au paragraphe (5) qui se trouve sous ou sur cette terre privée ou au-dessus de celle-ci, lorsque pareil acte s’avère nécessaire pour empêcher :

a)  ou bien que des dommages soient causés à des biens privés;

b)  ou bien que des blessures soient causées aux propriétaires de biens privés ou aux propriétaires ou aux occupants d’une terre privée.

(b)  by adding after subsection (4) the following:

34(4.1) Despite subsections (2) and (3), the owner or occupant of private land who is a holder of a Migratory bird damage permit or an Airport-kill permit, issued under the Migratory Birds Regulations under the Migratory Birds Convention Act, 1994 (Canada), or who is a holder of a fishing licence for nuisance seal issued under the Marine Mammal Regulations under the Fisheries Act (Canada), or who would be entitled to hold a licence issued under this Act or the regulations and is designated by the owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife subject to the Migratory bird damage permit, Airport-kill permit or fishing licence for nuisance seal that is found under, on or above that private land, where necessary for the prevention of

(a)  damage to private property, or

(b)  injury to owners of private property or owners or occupants of private land.

(c)  in subsection (5) by striking out “little brown bat, long-eared bat of the species Myotis septentrionalis,”.

2 Subsection 39.1(2) of the Act is amended

(a)  in paragraph (b) by adding “or (4.1)” after “subsection 34(4)”;

(b)  in paragraph (c) of the English version by striking out “or” at the end of the paragraph;

(c)  in paragraph (d) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;

(d)  by adding after paragraph (d) the following:

(e)  a holder of a fur harvester’s licence or a minor’s fur harvester’s licence who shoots or kills a live-caught animal during the open season for trapping and snaring the animal if:

(i) the holder of the fur harvester’s licence or the minor’s fur harvester’s licence shoots or kills the animal with a .22 calibre rim-fire rifle;

(ii) the animal is not a mink, muskrat, beaver or otter; and

(iii) the holder of the fur harvester’s licence transports the firearm in a case which is properly fastened.

3 Section 41 of the Act is repealed and the following is substituted:

41 Every person commits an offence who takes, carries or has in his or her possession in or on a resort of wildlife a firearm during the open season for hunting, unless the person is:

(a)  the holder of a proper licence;

(b)  a conservation officer exercising his or her authority under this Act;

(c)  acting in accordance with subsection 34(4) or (4.1); or

(d)  the holder of a permit issued under subsection 86(1).

4 Section 42 of the Act is amended

(a)  in subsection (1)

(i) by repealing the portion preceding paragraph (a) and substituting the following:

42(1) Every person commits an offence who, not being authorized under subsection (2), (3), (3.1), (3.2) or (4) and not being a conservation officer in the exercise of his or her authority under this Act:

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

(a)  without a permit issued under subsection 86(1) takes, carries or has in his or her possession in or on a resort of wildlife a firearm during the closed season for hunting, unless the person is acting in accordance with subsection 34(4) or (4.1);

(iii) in paragraph (b) by striking out “or” at the end of the paragraph;

(iv) in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;

(v) by adding after paragraph (c) the following:

(d)  transports a firearm, unless the person is an owner or occupant of private land acting in accordance with subsection 34(4) or (4.1).

(b)  in subsection (2) of the English version in the portion preceding paragraph (a) by striking out “gun club” and substituting “shooting club”;

(c)  by adding after subsection (3.1) the following:

42(3.2) If a person is the holder of a fur harvester’s licence or a minor’s fur harvester’s licence, the person may transport or have in his or her possession in a resort of wildlife a .22 calibre rim-fire rifle on a weekly day of rest during the open season for trapping and snaring.

5 The Act is amended by adding after section 42 the following:

Registration of shooting clubs

42.1(1) Despite section 41 and subsection 42(1), a person who is a member of a shooting club that is registered in accordance with this section may:

(a)  if the club is affiliated with a shooting range that is approved under section 29 of the Firearms Act (Canada), transport bows, crossbows and non-restricted firearms, as defined in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations under the Firearms Act (Canada), directly between his or her residence and either an approved shooting range that the club is affiliated with or an organized shooting event taking place at an affiliated approved shooting range of another club; or

(b)  if the club is affiliated with any other shooting range, transport bows and crossbows directly between his or her residence and either a shooting range that the club is affiliated with or an organized shooting event taking place at an affiliated shooting range of another club.

42.1(2) A shooting club may register annually by providing the Minister with

(a)  the information relating to the shooting club and its executive that the Minister considers appropriate, and

(b)  a sample of the current membership card of the shooting club.

42.1(3) On the request of a conservation officer, a member of a club shall present his or her membership card to the conservation officer.

6 Section 46 of the Act is amended

(a)  in subsection (1) by adding “, (4.1)” after “subsections 34(4)”;

(b)  in subsection (2) by adding “, (4.1)” after “subsections 34(4)”;

(c)  in subsection (2.1) by adding “, (4.1)” after “subsections 34(4)”.

7 Subsection 47.1(1) of the Act is amended by adding “, (4.1)” after “subsections 34(4)”.

8 Section 80 of the Act is amended

(a)  in subsection (6) by adding “, (4.1)” after “subsections 34(4)”;

(b)  in subsection (8) by adding “, (4.1)” after “subsections 34(4)”.

9 Section 86 of the Act is amended

(a)  in subsection (1) by adding “, including on a weekly day of rest,” after “to carry or discharge a firearm”;

(b)  in subsection (2) of the English version by striking out “gun club” and substituting “shooting club”.