Acts and Regulations

2011-34 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2011-34
under the
Fish and Wildlife Act
(O.C. 2011-191)
Filed July 8, 2011
1 Section 2 of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended
(a) in the definition “moose season” in the English version by striking out the period at the end of the definition and substituting a semicolon;
(b) by adding the following definitions in alphabetical order:
“New Brunswick Medicare card” means a valid New Brunswick Medicare card;(carte d’assurance-maladie du Nouveau-Brunswick)
“New Brunswick Medicare number” means a valid New Brunswick Medicare number.(numéro d’assurance-maladie du Nouveau-Brunswick)
2Paragraph 4(2)(c) of the Regulation is amended by striking out “at an office of the Department or a Service New Brunswick Centre” and substituting “at an office of the Department or of Service New Brunswick”.
3Section 5 of the Regulation is repealed and the following is substituted:
5(1)Subject to subsection 20(1), the Minister may establish an annual quota of moose that may be hunted by residents in each wildlife management zone, which quota may vary by wildlife management zone.
5(2)The number of applicants who are issued a resident moose licence following the random computer draw referred to in subsection 9(2) for a wildlife management zone shall not be greater than the quota established by the Minister under this section for that wildlife management zone.
4Section 6 of the Regulation is amended
(a) in paragraph (a) by adding “and” at the end of the paragraph;
(b) by repealing paragraph (b);
(c) in paragraph (c) by striking out “his or her Medicare number to be used in the random computer draw” and substituting “his or her New Brunswick Medicare number for the purposes of the random computer draw”.
5Section 7 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by striking out “regular members of the Canadian Armed Forces” and substituting “members of the regular force of the Canadian Forces”;
(ii) in subparagraph (a)(ii) by striking out “at an office of the Department or a Service New Brunswick Centre” and substituting “at an office of the Department or of Service New Brunswick”;
(iii) by repealing paragraph (b) and substituting the following:
(b) by providing, in addition to the information required under paragraph 6(a), a unique identification number satisfactory to the Minister for the purposes of the random computer draw held under subsection 9(2), and
(b) by repealing subsection (2).
6Section 8 of the Regulation is repealed and the following is substituted:
8An applicant who applies for a resident moose licence shall provide the information required by the Minister in relation to the applicant’s identity, residence, daytime telephone number and age.
7Section 9 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
9(1)An application for a resident moose licence shall not be made or accepted later than
(a) in the case of an application made using the computer assisted application line, 8 p.m. of the second Friday of the month of June in the year of application,
(b) in the case of an electronic application completed on the Department’s website, 12 midnight of the second Friday of the month of June in the year of the application, and
(c) in the case of an application made at an office of the Department or of Service New Brunswick, 5 p.m. of the second Friday of the month of June in the year of the application.
(b) by adding after subsection (2) the following:
9(2.1)For the purposes of subsection (2), the following rules apply each year to the random computer draw for a wildlife management zone:
(a) an applicant’s application shall be entered into the random computer draw one time if
(i) he or she has never previously applied to a random computer draw or he or she has never been successful in a random computer draw and has previously applied to up to four random computer draws, or
(ii) he or she has been unsuccessful in up to four random computer draws since the last time his or her application was chosen in a random computer draw;
(b) an applicant’s application shall be entered into the random computer draw the number of times determined in accordance with the formula set out in subsection (2.2) if
(i) he or she has never been successful in a random computer draw and has previously applied to five or more random computer draws, or
(ii) he or she has been unsuccessful in five or more random computer draws since the last time his or her application was chosen in a random computer draw.
9(2.2)The following formula applies for the purposes of paragraph (2.1)(b):
A = 3X
where
A is the number of times an application shall be entered into a random computer draw;
Xis obtained:
(a)in the circumstances referred to in subparagraph (2.1)(b)(i), by dividing the number of random computer draws to which the applicant has previously applied by five and then, if the quotient is not a whole number, by rounding down to the nearest whole number;
(b)in the circumstances referred to in subparagraph (2.1)(b)(ii), by dividing the number of random computer draws in which the applicant has been unsuccessful since the last time his or her application was chosen in a random computer draw by five and then, if the quotient is not a whole number, by rounding down to the nearest whole number.
9(2.3)For the purposes of subsections (2.1) and (2.2), the Minister shall rely exclusively on data or information relating to random computer draws held in relation to resident moose licences on or after 1994 and any application removed by the Minister from a draw shall not be counted.
(c) by repealing subsection (3) and substituting the following:
9(3)The Minister may remove from the draw held under subsection (2) any of the applications made by an applicant who has made more than one application in any year or is not entitled to make an application or any application that is in any way incomplete, inaccurate, misleading, illegible or indiscernible.
(d) by repealing subsection (4) and substituting the following:
9(4)An application for a non-resident moose shall not be made or accepted later than
(a) in the case of an application made using the computer assisted application line, 8 p.m. of the last day of the month of April in the year of application, and
(b) in the case of an electronic application completed on the Department’s website, 12 midnight of the last day of the month of April in the year of the application.
(e) by repealing subsection (5) and substituting the following:
9(5)Subject to subsection (6), all applications for a non-resident moose licence received by the Minister on or before the time limits established under subsection (4) shall be submitted to a random computer draw from which a maximum of 100 applications will be chosen.
8Section 10 of the Regulation is amended
(a) in subsection (1) by striking out “at the office of the Department or the Service New Brunswick Centre indicated by the applicant when applying for the licence” and substituting “at any office of the Department or of Service New Brunswick at which resident moose licences are sold”;
(b) in subsection (2)
(i) in the portion preceding paragraph a) of the French version by striking out “qui a été choisi” and substituting “dont la demande a été choisie”;
(ii) by repealing paragraph (a) and substituting the following:
(a) produces a New Brunswick Medicare card belonging to the applicant to verify that the applicant’s application was chosen in the random computer draw held under subsection 9(2) or provides, if the applicant is a person described in subsection 7(1), the same unique identification number provided at the time of application to verify that the applicant’s application was chosen in the random computer draw,
(iii) in paragraph (b) by striking out “identity, residence and age” and substituting “identity, residence, daytime telephone number and age”;
(iv) in paragraph c) of the French version by striking out “satisfaisante”;
(c) in subsection (3)
(i) in the portion preceding paragraph a) of the French version by striking out “dont le nom est choisi” and substituting “dont la demande a été choisie”;
(ii) in paragraph (a) by striking out “at any office of the Department or any Service New Brunswick Centre, and” and substituting “by using a computer assisted telephone line from a touch tone telephone, and may obtain the licence at an office of the Department or of Service New Brunswick at which resident moose licences are issued, and”;
(iii) in paragraph (b) by striking out “shall, at the time of purchase,” and substituting “shall, at the time of obtaining the licence,”;
(d) in subsection (4) of the French version
(i) in the portion preceding paragraph a) by striking out “à un demandeur qui a été choisi” and substituting “à un demandeur dont la demande a été choisie”;
(ii) in paragraph b) by striking out “satisfaisante”;
(e) in subsection (5) of the French version
(i) in paragraph a) by striking out “au Ministre une preuve satisfaisante” and substituting “une preuve que le Ministre juge satisfaisante”;
(ii) in paragraph b) by striking out “certificat fourni par le Ministre attestant” and substituting “certificat que fournit le Ministre déclarant”.
9Section 10.1 of the Regulation is amended
(a) in subsection (1) by striking out “Subject to subsections (6) and (7)” and substituting “Subject to subsections (1.1), (1.2), (6) and (7)”;
(b) by adding after subsection (1) the following:
10.1(1.1)The following persons are not eligible to be designated under subsection (1):
(a) a person who is under 16 years of age;
(b) a person who does not have a New Brunswick Medicare number;
(c) a person whose principal place of residence is not within the Province;
(d) a person who is 16 or 17 years of age who does not have at least two previous years’ experience hunting.
10.1(1.2)Notwithstanding paragraph (1.1)(b) but subject to subsections (6) and (7), members of the Royal Canadian Mounted Police force who are residents and members of the regular force of the Canadian Forces who are residents may be designated under subsection (1).
(c) by repealing subsection (2) and substituting the following:
10.1(2)A person designated under subsection (1), or any other person on behalf of that person, may, at the time of the purchase of the successful applicant’s resident moose licence, purchase a designated resident moose licence if the purchaser
(a) produces a New Brunswick Medicare card belonging to the person designated under subsection (1) or, if the person designated under subsection (1) is a person described in subsection (1.2), provides a unique identification number that is satisfactory to the Minister,
(b) satisfies the Minister as to the identity, residence, daytime telephone number and age of the person designated under subsection (1) by presenting any identification and other documentation requested by the Minister,
(c) provides proof that the person designated under subsection (1) successfully completed in the Province a firearm safety and hunter education course approved by the Minister, and
(d) provides proof that the person designated under subsection (1) has had at least two previous years’ experience hunting if the person designated under subsection (1) is 16 or 17 years of age.
(d) by adding after subsection (2) the following:
10.1(2.1)For the purposes of paragraph (2)(d), the person designated under subsection (1), or the person purchasing the licence on behalf of the person designated under subsection (1), provides proof that the person designated under subsection (1) has had at least two previous years’ experience hunting by producing, in relation to two previous years, hunting licences issued to that person under the Act or any regulation under the Act, or under an act or any regulation under an act substantially similar to the Act in another province or territory of Canada or a state of the United States of America or by completing a certificate provided by the Minister stating that the person designated under subsection (1) previously held such licences.
(e) in subsection (3)
(i) in portion preceding paragraph a) of the French version by striking out “sur paiement du droit applicable prévu au paragraph 11(1)” and substituting “sur paiement du droit fixé au paragraphe 11(1) et sous réserve du paragraphe (3.3)”;
(ii) in paragraph (b) by striking out “the holder of the resident moose licence” and substituting “subject to subsections (3.1), (3.2), (6) and (7), the holder of the resident moose licence”;
(iii) in the portion following paragraph (c) of the English version by striking out “on payment of the applicable fee set out in subsection 11(1),” and substituting “on payment of the applicable fee set out in subsection 11(1) and subject to subsection (3.3),”
(f) by adding after subsection (3) the following:
10.1(3.1)The following persons are not eligible to be designated under paragraph (3)(b):
(a) a person who is under 16 years of age;
(b) a person who does not have a New Brunswick Medicare number;
(c) a person whose principal place of residence is not within the Province;
(d) a person who is 16 or 17 years of age who does not have at least two previous years’ experience hunting.
10.1(3.2)Notwithstanding paragraph (3.1)(b) but subject to subsections (6) and (7), members of the Royal Canadian Mounted Police force who are residents and members of the regular force of the Canadian Forces who are residents may be designated under paragraph (3)(b).
10.1(3.3)The Minister shall not issue a designated resident moose licence to a person designated under paragraph (3)(b) unless the person designated under paragraph (3)(b) or the person purchasing the licence on his or her behalf
(a) produces a New Brunswick Medicare card belonging to the person designated under paragraph (3)(b) or, if the person designated under paragraph (3)(b) is a person described in subsection (3.2), provides a unique identification number that is satisfactory to the Minister,
(b) satisfies the Minister as to the identity, residence daytime telephone number and age of the person designated under paragraph (3)(b) by presenting any identification and other documentation requested by the Minister,
(c) provides proof that the person designated under paragraph (3)(b) successfully completed in the Province a firearm safety and hunter education course approved by the Minister, and
(d) provides proof that the person designated under paragraph (3)(b) has had at least two previous years’ experience hunting if the person designated under paragraph (3)(b) is 16 or 17 years of age.
10.1(3.4)For the purposes of paragraph (3.3)(d), the person designated under paragraph (3)(b), or the person purchasing the licence on behalf of the person designated under paragraph (3)(b), provides proof that the person designated under paragraph (3)(b) has had at least two previous years’ experience hunting by producing, in relation to two previous years, hunting licences issued to that person under the Act or any regulation under the Act, or under an act or any regulation under an act substantially similar to the Act in another province or territory of Canada or a state of the United States of America or by completing a certificate provided by the Minister stating that the person designated under paragraph (3)(b) previously held such licences.
10.1(3.5)Paragraphs (2)(c) and (3.3)(c) do not apply if the person designated under subsection (1) or paragraph (3)(b), or the person purchasing the designated resident moose licence on his or her behalf,
(a) provides proof satisfactory to the Minister that the person designated under subsection (1) or paragraph (3)(b) successfully completed in another province or territory of Canada or a state of the United States of America a firearm safety and hunter education course recognized by the Minister, or
(b) provides proof that the person designated under subsection (1) or paragraph (3)(b) was the previous holder of a hunting licence issued under the Act or any regulation under the Act by producing such a licence or by completing a certificate provided by the Minister stating that the person designated under subsection (1) or paragraph (3)(b) previously held such a licence.
(g) by repealing subsection (4).
10Section 12 of the Regulation is repealed and the following is substituted:
12(1)The Minister shall at the time of the purchase of a resident moose licence, a designated resident moose licence or a non-resident moose licence indicate on the face of the licence the wildlife management zone in which the holder of the licence may hunt moose.
12(2)If a person is issued a resident moose licence, a designated resident moose licence or a non-resident moose licence indicating on its face a wildlife management zone other than the wildlife management zone indicated under paragraph 6(a) or 10(3)(b), as the case may be, the person may apply to the Minister for a new licence indicating the correct wildlife management zone and the Minister may issue the new licence in exchange for the one issued.
11Subsection 13(1) of the Regulation is repealed and the following is substituted:
13(1)Subject to subsections (2), (3) and (4), a resident moose licence, a designated resident moose licence or a non-resident moose licence authorizes the holder of the licence to hunt moose during the moose season in the year in which the licence was issued in the wildlife management zone indicated by the Minister on the face of the licence.
12Section 15 of the Regulation is repealed and the following is substituted:
15No person shall hunt moose in the Province unless that person
(a) has possession of a valid resident moose licence, a valid designated resident moose licence or a valid non-resident moose licence issued to that person, and
(b) is hunting in the wildlife management zone indicated by the Minister on the face of the licence.
13Subsection 20(2) of the Regulation is amended in the portion preceding paragraph (a) by striking out “other than the wildlife management zone indicated on the moose validation sticker affixed to the licence” and substituting “other than the wildlife management zone indicated by the Minister on the face of the licence”.
14Section 24 of the Regulation is repealed.
15Paragraphs 7(d) and (e) of this Regulation come into force on January 1, 2012.