Bill 14 - Exotic Animals Act

BILL 14

Exotic Animals Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS, PURPOSE AND
APPLICATION OF ACT

Definitions

1( 1) The following definitions apply in this Act.

“Committee” means the Exotic Animals Review Committee established under section 4. (Comité)

“conservation officer” means a conservation officer appointed under subsection 7(1) or (1.1) of the Fish and Wildlife Act or any person who, by virtue of his or her office, is a conservation officer and is referred to in section 20 of this Act. (agent de conservation)

“developmental stage” includes larva, embryo, egg or sperm. (stade de développement)

“exotic animal” means an exotic wildlife, an exotic fish or an exotic invertebrate. (animal exotique)

“exotic fish” means any fish that is not indigenous to the Province and is of a species or subspecies of fish that in its natural habitat is usually wild by nature, whether or not the fish is bred or reared in captivity, and includes any hybrid offspring or developmental stage of the fish. (poisson exotique)

“exotic invertebrate” means any invertebrate that is not indigenous to the Province and is of a species or subspecies of invertebrate that in its natural habitat is usually wild by nature, whether or not the invertebrate is bred or reared in captivity, and includes any hybrid offspring or developmental stage of the invertebrate. (invertébré exotique)

“exotic wildlife” means any vertebrate animal, excluding fish and the hybrid offspring of fish, that is not indigenous to the Province and is of a species or subspecies of vertebrate animal that in its natural habitat is usually wild by nature, whether or not the vertebrate animal is bred or reared in captivity, and includes any hybrid offspring or developmental stage of the vertebrate animal. (animal exotique de la faune)

“gallinaceous bird” means a gallinaceous bird as defined in the Fish and Wildlife Act. (oiseau gallinacé)

“hybrid offspring” means, subject to subsection (2), an exotic animal at any developmental stage whose parents are different varieties of the same species or subspecies or belong to different but closely allied species or subspecies. (progéniture hybride)

“Minister” means the Minister of Energy and Resource Development and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“permit” means a permit relating to exotic animals issued by the Minister under section 13. (permis)

“possession” includes the right of control or disposal of an exotic animal, irrespective of the actual possession or location of the exotic animal. (possession)

“release” means to release, intentionally or otherwise, exotic animals in the Province. (mise en liberté)

“traffic” means to buy, sell, trade, barter or distribute for gain or consideration an exotic animal or to offer to do so. (trafiquer)

1( 2) If a hybrid offspring has a parent that belongs to a species or subspecies of exotic animal that requires a permit under this Act, the hybrid offspring is considered to be the same species or subspecies as that parent.

Purpose

2 The purposes of this Act are

(a) to protect the public from the health and safety risks inherent in the ownership and possession of exotic animals;

(b) to protect native fauna, flora and natural ecosystems within the Province from population, habitat and disease threats posed by exotic animals; and

(c) to regulate the ownership and possession of exotic animals, in consideration of their conservation status and complex life needs.

Application of Act

3 This Act applies to living exotic animals in the Province except for gallinaceous birds kept in captivity in accordance with a game bird farm licence or a pheasant preserve licence issued under the Fish and Wildlife Act.

PART 2

ASSESSMENT OF EXOTIC ANIMALS

Exotic Animals Review Committee

4 There is established a committee called the Exotic Animals Review Committee.

Composition of Committee

5 The Committee consists of the following members who are appointed by the Minister:

(a) an employee of the Department of Energy and Resource Development;

(b) an employee of the Department of Agriculture, Aquaculture and Fisheries;

(d) a veterinarian who has exotic animal expertise;

(e) a representative of the New Brunswick Society for the Prevention of Cruelty to Animals; and

(f) a person who, in the opinion of the Minister, has captive animal management expertise.

Consultation

6 The Committee may consult any person that the Committee considers appropriate.

Independence

7 The members of the Committee shall perform their functions in an independent manner and not as representatives of their employers or of any other person or body.

Functions of the Committee

8 The Committee shall perform the following functions:

(a) develop and periodically review the assessment criteria for categorizing exotic animals;

(b) periodically review the categories of exotic animals prescribed by regulation and the species or subspecies of exotic animals included in the categories; and

(c) make recommendations and provide advice to the Minister respecting the assessment and categorization of exotic animals.

Remuneration and reimbursement of travel and other expenses

9 The members of the Committee shall not receive any remuneration, but are entitled to be reimbursed, in accordance with the Travel Policy of the Treasury Board, for travel and other expenses incurred by them in the performance of their duties.

Procedure of the Committee

10 The Committee may determine its own procedure.

PART 3

PERMITS

Requirement to obtain permit

11 Unless a person holds a permit with respect to an exotic animal that is not exempt by regulation from the application of this section, that person shall not do any of the following with respect to the exotic animal:

(a) own or possess the exotic animal;

(b) import or attempt to import the exotic animal into the Province;

(d) release or attempt to release the exotic animal; or

(e) traffic or attempt to traffic the exotic animal.

Application for permit

12 An application for a permit shall be made to the Minister on a form provided by the Minister and shall be accompanied by any information the Minister requires.

Issuance of permit

13( 1) Subject to subsections (2) and (3), the Minister may, on receiving an application under section 12 and payment of the prescribed fee, issue a permit authorizing a person

(a) to own or possess an exotic animal,

(b) to import an exotic animal into the Province,

(d) to release an exotic animal.

13( 2) The Minister may, in addition to any terms and conditions prescribed by regulation, impose any terms or conditions that the Minister considers appropriate

(a) on an applicant for a permit, to be met before the application may be granted, or

(b) on a permit, to be met by the permit holder during or after the period when it is valid.

13( 3) The Minister may refuse to issue a permit in any circumstances the Minister considers appropriate.

13( 4) If the Minister considers it appropriate, the Minister may inspect the building, place or premises in which an exotic animal will be kept before issuing the permit.

Amendments to permit

14 On application in writing to the Minister, the Minister may amend a permit in relation to the terms and conditions of the permit or any other grounds the Minister considers necessary.

Term of permit

15 A permit expires on the date stated in the permit.

Fees

16 The fee for the issuance of a permit shall be in the amount prescribed by regulation.

Revocation of permit

17 The Minister may revoke a permit if, in the opinion of the Minister, the terms and conditions of the permit have not been met or will not be met or it is in the public interest to do so.

Permit not transferable

18 A permit is not transferable.

Compliance with terms and conditions of permit

19 Every permit holder shall comply with the terms and conditions of the permit.

PART 4

ENFORCEMENT

Conservation officer

20 The following persons are, by virtue of his or her office, conservation officers under this Act:

(a) members of the Royal Canadian Mounted Police;

(b) police officers appointed under the Police Act; and

Powers of conservation officer

21 A conservation officer may exercise all the powers and authorities conferred on him or her by this Act in any part of the Province.

Powers as peace officer

22 A conservation officer in carrying out his or her duties under this Act and the regulations has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

Exemption – investigations and other enforcement activities

23 The Minister, for the purpose of investigations and other law enforcement activities under this Act and the regulations, may in writing exempt a conservation officer from the application of any provision of this Act or the regulations, subject to any terms and conditions the Minister considers necessary.

Exemption from application of law or regulation

24( 1) For the purposes of this Act and the regulations, a conservation officer may, without a permit, temporarily house, keep or maintain an exotic animal that comes into the conservation officer’s possession as a result of the application of this Act or the regulations.

24( 2) A conservation officer may authorize any person the conservation officer considers appropriate to temporarily house, keep or maintain the exotic animal on his or her behalf.

Qualified persons may accompany conservation officer

25 In the discharge of his or her duties under this Act or the regulations, a conservation officer may be accompanied by any person the conservation officer considers to be qualified and that person may carry out examinations and inspections, take samples, carry out tests or take any other measure directed by the conservation officer.

Private property

26 A conservation officer in the discharge of his or her duties under this Act or the regulations, and any person accompanied by him or her, may enter on and pass through private property without being liable for trespass.

Production of exotic animal

27 If a conservation officer has reason to believe that a person owns or possesses an exotic animal and does not hold a permit with respect to the exotic animal, the conservation officer may, at any reasonable time,

(a) request the person to produce and show to the conservation officer, for the purpose of examination, the exotic animal,

(b) request the person to capture and manipulate, for the purpose of examination, the exotic animal,

(d) take samples, carry out tests or take any other measure the conservation officer considers necessary to identify the exotic animal.

Inspections

28( 1) For the purpose of ensuring compliance with this Act and the regulations, a conservation officer may, at any reasonable time and on production of his or her certificate of appointment when requested to do so, enter any building, place or premises that is identified in a permit as the building, place or premises in which is located the exotic animal for which the permit is issued, and do any of the following:

(a) require the permit holder or any person present at the building, place or premises to capture and manipulate, for the purpose of examination, the exotic animal;

(b) examine the exotic animal;

(c) take samples, carry out tests or take any other measure the conservation officer considers necessary to identify the exotic animal; and

(d) require the permit holder or any person present at the building, place or premises to produce for inspection, or for the purpose of obtaining copies or extracts, any permit, record or document.

28( 2) Before or after attempting to enter a building, place or premises under subsection (1), a conservation officer may apply for an entry warrant under the Entry Warrants Act.

28( 3) A conservation officer shall not enter a private dwelling under subsection (1) unless the conservation officer is entering in one of the following circumstances:

(a) the conservation officer is entering with the consent of a person who appears to be an adult and an occupant of the building, place or premises; or

(b) the conservation officer has obtained an entry warrant under the Entry Warrants Act.

28( 4) If, in the opinion of a conservation officer, a permit holder has violated or has failed to comply with a provision of this Act or the regulations, the conservation officer may issue an order directing the person to comply with the provision in accordance with the directions set out in the order or to carry out any other action the conservation officer considers necessary for the protection of the public, the exotic animal or the environment.

28( 5) Except in the case of an emergency situation, an order shall be in writing and shall include reasons for the order and specify the term of the order.

28( 6) An order may be served in accordance with section 46 and the permit holder shall comply with the order within the time period specified in the order.

28( 7) A permit holder or any person present at the building, place or premises referred to in subsection (1) shall, immediately on demand by a conservation officer,

(a) capture and manipulate the exotic animal in accordance with paragraph (1)(a), or

(b) produce the record or document in accordance with paragraph (1)(d).

28( 8) A conservation officer may seize any exotic animal, record or document which he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations

(a) during an inspection under subsection (1),

(b) during a search authorized under the Provincial Offences Procedure Act, or

28( 9) Any exotic animal seized under subsection (8) is forfeited immediately to the Minister and the Minister may dispose of or destroy the exotic animal in any manner the Minister considers appropriate.

28( 10) A permit holder or any person present at the building, place or premises referred to in subsection (1) shall give all reasonable assistance to a conservation officer to enable the conservation officer to carry out an inspection under this section and shall furnish the conservation officer with the information that the conservation officer may reasonably require.

Removal of records and documents

29( 1) For the purposes of section 28, a conservation officer may remove a record or document from a building, place or premises and may make a copy or extract of it or any part of it and shall give a receipt for the record or document to the person who provided it to the conservation officer.

29( 2) When a record or document is removed from a building, place or premises, it shall be returned as soon as possible after the copies or extracts have been made.

29( 3) A copy or extract of a record or document related to an inspection and purporting to be certified by the conservation officer is admissible in evidence in a proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the conservation officer.

Seizure of exotic animals – incapacitated, menace or at large

30( 1) A conservation officer may seize, dispose of or destroy an exotic animal in any manner the conservation officer considers appropriate if the exotic animal has become incapacitated or is a menace to lives, property, public health or the environment.

30( 2) If an exotic animal is at large and the owner is unknown, a conservation officer may seize, dispose of or destroy the exotic animal in any manner the Minister considers appropriate.

Seizure of enclosures and supplies

31 If an exotic animal is seized in accordance with subsection 28(8), a conservation officer may

(a) seize and remove any enclosure in which the exotic animal is contained or ordinarily contained, and

(b) seize and remove any readily available supplies that are necessary to ensure the welfare of the exotic animal.

Abandonment

32 The owner of a seized thing may abandon it to the Crown in right of the Province.

PART 5

EVIDENCE

Certificate as evidence

33 In a prosecution or proceeding under this Act in which proof is required with regard to the following, a certificate purporting to be signed by the Minister is proof, in the absence of evidence to the contrary, of the facts stated in the certificate, without proof of the appointment, authority or signature of the Minister:

(a) the issuance, revocation or other status of a permit;

(b) the issuance of an order under subsection 28(4); or

Proof of status of conservation officer

34 A document in writing signed by the Minister stating that the person named in the document has been appointed as a conservation officer shall, without proof of the appointment, authority or signature of the Minister, be accepted by all courts as conclusive proof that the person in possession of the document, on proof that his or her name is the same as the person named in it, is a conservation officer.

Qualified technicians

35( 1) The Minister may appoint persons who, in his or her opinion, have received suitable training to be qualified technicians for the purposes of this section.

35( 2) Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a method of analysis prescribed by regulation, analysed or examined any exotic animal and stating the result of the qualified technician’s analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and is proof, in the absence of evidence to the contrary, of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.

35( 3) The party against whom a certificate of a qualified technician is produced under subsection (2) may, with leave of the Provincial Court of New Brunswick, require the attendance of the qualified technician for purposes of cross-examination.

35( 4) A certificate shall not be received in evidence under subsection (2) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Written authorization

36( 1) A document in writing signed by the Minister authorizing a person to do anything under this Act or the regulations, shall, without proof of the appointment, authority or signature of the Minister, be accepted by all courts as conclusive proof of the authority stated in it.

36( 2) The person in possession of a written authorization referred to in subsection (1) shall, on proof that his or her name is the same as the person named in it, be deemed to be the person named in the authorization.

36( 3) A written authorization issued by the Minister is effective until revoked by the Minister.

Delegation by the Minister

37( 1) The Minister may delegate, in writing, to any person any of the Minister’s powers or duties under this Act, except the power of delegation.

37( 2) In a delegation under subsection (1), the Minister

(a) shall establish the manner in which the delegate is to exercise the delegated authority, and

(b) may impose on the delegate terms and conditions that the Minister considers appropriate.

37( 3) A delegate shall

(a) exercise the delegated authority in the manner established in the delegation, and

(b) comply with the terms and conditions imposed in the delegation.

37( 4) A person purporting to exercise a power or duty of the Minister by virtue of a delegation under subsection (1) shall produce evidence of his or her authority to exercise that power or duty when required to do so.

PART 6

OFFENCES AND PENALTIES

Offences

38( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

38( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

38( 3) Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence.

38( 4) For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

Continuing offence

39 If an offence under this Act or the regulations continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Limitation period

40 A prosecution of an offence under this Act or the regulations shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.

Minister recovers expenses

41 The Minister may recover the following costs from an owner of an exotic animal or a person in possession of an exotic animal:

(a) the costs incurred in the seizure, housing, keeping, maintaining, disposal or destruction of the exotic animal;

(b) the costs of eliminating or reducing the danger an exotic animal poses to public health or the environment; and

Debt due to the Province

42( 1) An amount owing to the Minister under section 41 constitutes a debt due to the Province.

42( 2) The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.

42( 3) A certificate issued under subsection (2) may be filed in The Court of Queen’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

42( 4) All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (3) may be recovered as if the amount had been included in the certificate.

No indemnity

43 No person shall be entitled to, or have any claim or right to, any indemnity or compensation in relation to a seizure, forfeiture, disposal or destruction under this Act or the Provincial Offences Procedure Act.

PART 7

GENERAL

Danger to the public

44 No person shall keep an exotic animal in a manner that is dangerous to the public.

Authorization by Minister

45( 1) The Minister may authorize in writing persons to carry out activities associated with

(a) live trapping an exotic animal,

(b) hunting an exotic animal,

(d) killing an exotic animal.

45( 2) Any person authorized under subsection (1) may, during the period of the authorization and while acting on behalf of the Minister, enter on or pass through private property without being liable for trespass.

Service of documents

46 An order under subsection 28(4) or any other document that is to be served on a person under this Act may be served, and service may be proved, in accordance with the relevant provisions of the Provincial Offences Procedure Act.

Immunity

47 No action, application or other proceeding lies or shall be instituted against any member or former member of the Committee, a conservation officer, a person authorized by the conservation officer or the Minister to act under this Act or any other person employed or engaged in the administration or enforcement of this Act in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person.

Application

48 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

49( 1) The Lieutenant-Governor in Council may make regulations

(a) establishing categories of permits which may vary depending on the activity, exotic animal, category of exotic animal, person or class of persons;

(b) exempting persons, classes of persons, activities or classes of activities, exotic animals or categories of exotic animals and species or subspecies of exotic animals from the application of this Act and the regulations or from the application of any provision of this Act or the regulations;

(c) respecting the activities that a permit holder may undertake dependent on the type of permit or category of permit holder;

(d) respecting the eligibility criteria and the terms and conditions to be complied with by a person who is applying for the issuance of a permit, including different terms and conditions for different persons, classes of persons or categories of permits;

(e) respecting the terms and conditions to which a permit is subject, including different terms and conditions for different persons, classes of persons or categories of permits;

(f) prescribing fees for the issuance of a permit;

(g) respecting the ownership, possession, disposal or destruction of an exotic animal, including any notice to be given with respect to the disposal or destruction of an exotic animal;

(h) respecting the importation of an exotic animal into the Province and the exportation of an exotic animal out of the Province;

(i) respecting the release of an exotic animal;

(j) respecting the propagation or transportation of an exotic animal;

(k) respecting the records to be kept, the returns to be made and the information to be given by a permit holder, including requiring different information from different persons or classes of persons;

(l) prescribing additional duties and authority of conservation officers;

(m) prescribing the assessment criteria for the categorization of exotic animals;

(n) prescribing methods of analysis for the purpose of subsection 35(2);

(o) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(p) defining words and expressions used in this Act but not defined in this Act for the purposes of this Act, the regulations or both; and

(q) governing any matter that the Lieutenant‑Governor in Council considers necessary for the administration of this Act.

49( 2) Regulations under this Act may contain different provisions for different classes of permits, different persons or classes of persons and different exotic animals and categories of exotic animals.

PART 8

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS
AND COMMENCEMENT

Ownership and possession of exotic animals before commencement of this Act

50 Any person who, on the commencement of this Act, owns or possesses an exotic animal that is not exempt by regulation from the application of paragraph 11(a) of this Act shall, within one year after the commencement of this Act,

(a) obtain a permit in accordance with this Act to own or possess the exotic animal; or

(b) dispose of the exotic animal in a legal manner.

Ownership and possession of exotic animals exempt from application of this Act

51 Any person who owns or possesses an exotic animal that is exempt by regulation from the application of paragraph 11(a) of this Act shall, within one year after the commencement of any amendments to this Act or the regulations that would result in the exotic animal no longer being exempt from the application of paragraph 11(a) of this Act,

(a) obtain a permit in accordance with this Act to own or possess the exotic animal; or

(b) dispose of the exotic animal in a legal manner.

Fish and Wildlife Act

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

(a) in subsection 1(1) by repealing the definition “exotic fish”;

(b) by repealing section 38.1 and substituting the following:

38.1 Every person commits an offence who

(a) without a permit issued under paragraph 90.1(1)(a) imports into the Province a gallinaceous bird,

(b) fails to comply with the terms and conditions of a permit issued under paragraph 90.1(1)(a), or

(c) without a permit issued under paragraph 90.1(1)(b) releases a gallinaceous bird from captivity or releases a gallinaceous bird from captivity contrary to the terms and conditions of the permit.

90.1( 1) The Minister may issue a permit to a holder of a game bird farm licence or a pheasant preserve licence authorizing the holder to

(a) import into the Province a gallinaceous bird, or

(b) release a gallinaceous bird from captivity.

90.1( 2) The Minister may impose any terms or conditions the Minister considers appropriate in relation to a permit referred to in subsection (1).

(d) by adding after section 90.1 the following:

Special permit re exotic wildlife

90.2 For the purposes of wildlife management, the Minister may issue a permit authorizing a person to release an exotic animal from captivity.

Confiscation of gallinaceous bird by Minister

90.3 The Minister may confiscate a gallinaceous bird if, in the opinion of the Minister, the person

(a) has imported a gallinaceous bird into the Province without a permit issued under paragraph 90.1(1)(a) or contrary to the terms and conditions of the permit, or

(b) will release a gallinaceous bird from captivity without a permit issued under paragraph 90.1(1)(b) or contrary to the terms and conditions of the permit.

No indemnity or compensation

90.4 If the Minister confiscates a gallinaceous bird under section 90.3, the Minister may dispose of the gallinaceous bird as the Minister considers appropriate, and no person shall be entitled to, or have any claim or right to, any indemnity or compensation in respect of the confiscation.

(e) in subsection 118(1)

( i) in paragraph (k) by striking out “, exotic fish, or exotic wildlife,” and substituting “or gallinaceous bird”;

( ii) in paragraph (k.1) by striking out “exotic wildlife” and substituting “gallinaceous bird”.

Regulation 92-74 under the Fish and Wildlife Act

53 New Brunswick Regulation 92-74 under the Fish and Wildlife Act is repealed.

Commencement

54 This Act comes into force on a day to be fixed by proclamation.

SCHEDULE A

Column 1		Column 2
Provision		Category of Offence
	11(a) ...............		F
	11(b) ...............		F
	11(c) ...............		F
	11(d) ...............		H
	11(e) ...............		F
	19...............		D
	28(6) ...............		D
	28(7)(a) ...............		D
	28(7)(b) ...............		D
	44...............		H