BILL 12

An Act Respecting Trespass on Agricultural Lands

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

Trespass Act

1( 1) The heading “Idem” preceding section 6 of the Trespass Act, chapter 117 of the Revised Statutes, 2012, is repealed and the following is substituted:

Trespass on land belonging to certain classes of land

1( 2) Section 6 of the Act is repealed and the following is substituted:

6( 1) No person shall trespass on any of the following classes of lands:

(a)  land that is being cultivated for the production of food for humans or livestock;

(b)  land that is being managed for the production of food for humans or livestock;

(c)  an orchard that is being cultivated;

(d)  an orchard that is being managed;

(e)  a pasture;

(f)  a Christmas tree plantation;

(g)  a plantation of seedlings and saplings; and

(h)  land that is being managed for maple sugaries.

6( 2) Subsection (1) does not apply to a person who, before entering in or on land that belongs to one of the classes of lands referred to in paragraphs (1)(a) to (h), obtains the written consent of the owner or occupant of the land allowing that person to enter in or on the land.

1( 3) Section 16 of the Act is amended

(a)  in paragraph (c) by striking out the semicolon at the end of the paragraph and substituting a period;

(b)  by repealing paragraph (d);

(c)  by repealing paragraph (e);

(d)  by repealing paragraph (f).

Fish and Wildlife Act

2 Section 80 of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended

(a)  in subsection (9) by striking out “Notwithstanding any other provision of this Act” and substituting “Despite any other provision of this Act but subject to subsection (9.1)”;

(b)  by adding after subsection (9) the following:

80( 9.1) When the land referred to in subsection (9) belongs to one of the classes of lands referred to in subsection 6(1) of the Trespass Act, no person may enter in or on the land to pursue and take wounded wildlife before informing the owner or occupant of the land of the person’s intention to enter in or on the land for that purpose, and, when notice of intention is given to the owner or occupant, the person may enter in or on the land for that purpose without obtaining the written consent required under subsection 6(2) of that Act.

(c)  in subsection (10) by striking out “Where land is not posted in accordance with this section” and substituting “Except when the land belongs to one of the classes of lands referred to in subsection 6(1) of the Trespass Act, when land is not posted in accordance with this section,”.

CONSEQUENTIAL AMENDMENTS

 Amendments to General Regulation – Provincial Offences Procedure Act

3( 1) Paragraph 3(1)(h) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended by striking out “under paragraph 5(1)(c) or (e)” and substituting “under paragraph 5(1)(c) or (e) or subsection 6(1)”.

3( 2) Schedule A of the Regulation is amended in the portion for the Trespass Act by adding after

5(1)(e)

trespassing with a motor vehicle in an ocean shore area

the following:

6(1)

trespassing on land belonging to a certain class of land

Repeal of the Prohibition of Motor Vehicles Regulation – Trespass Act

4 New Brunswick Regulation 90-55 under the Trespass Act is repealed.