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1Section 10.1 of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended

(a) in subsection (1) by striking out “Subject to subsections (1.1), (6) and (7)” and substituting “Subject to subsections (1.1), (6), (7), (8) and (9)”;

(b) in subsection (1.3) by striking out “but subject to subsections (6) and (7)” and substituting “but subject to subsections (6), (7), (8) and (9)”;

(c) in subsection (3) by striking out “subject to subsections (3.1), (6) and (7)” and substituting “subject to subsections (3.1), (6), (7), (8) and (9)”;

(d) in subsection (3.21) by striking out “but subject to subsections (6) and (7)” and substituting “but subject to subsections (6), (7), (8) and (9)”;

(e) in subsection (3.6) by striking out “subject to subsections (3.7), (3.8) and (6)” and substituting “subject to subsections (3.7), (3.8), (6), (8) and (9)”;

(f) by adding after subsection (7) the following:

10.1(8)No holder of a conservation fundraising moose licence in any year shall be designated under subsection (1) or (3) in that year.

10.1(9)No holder of a designated conservation fundraising moose licence in any year shall be designated under subsection (1) or (3) in that year.

2The Regulation is amended by adding the following after section 10.1:

10.2In sections 10.3 and 10.4, “raffle” means a raffle as defined in the Charitable Gaming Licensees Regulation – Gaming Control Act.

10.3(1)For the purpose of issuing a conservation fundraising moose licence, the Minister may approve, for a period not exceeding two years, a hunting or fishing organization or club incorporated under the Companies Act for the purpose of conducting a raffle each year to select a winner, the eventual holder of the licence.

10.3(2)The Minister shall notify an association or club approved under subsection (1) that a conservation fundraising moose licence has been set aside for the winner of the raffle, and the association or club, as the case may be, shall notify the Minister when the winner has been selected.

10.3(3)Subject to subsections (5) and (9), the winner of the raffle conducted by an association or club in any year, or a person acting on behalf of the winner,

(a) may apply for a conservation fundraising moose licence for that year

(i) through the Department’s website or Service New Brunswick’s website,

(ii) at a Service New Brunswick centre, or

(iii) at the business premises of a vendor appointed under section 84 of the Act, and

(b) shall, at the time of obtaining the licence, indicate from among the wildlife management zones in which moose may be hunted under this Regulation the one wildlife management zone in which the winner wishes to hunt moose.

10.3(4)Subject to subsection 20(1), an applicant for a conservation fundraising moose licence may hunt in any wildlife management zone even when the number of applicants chosen following the random computer draw referred to in subsection 9(2) is equal to the annual quota of moose that may be hunted by residents in that wildlife management zone.

10.3(5)The Minister shall not issue a conservation fundraising moose licence to a winner of a raffle unless the winner, or the person obtaining the conservation fundraising moose licence action on behalf of the winner,

(a) satisfies the Minister as to the winner’s identity and as to the following by providing the unique identification number provided to the winner under subsection 82.1(4) of the Act at the time of registration under section 82.1 of the Act or satisfies the Minister as to the winner’s identity by presenting any identification and other documentation requested by the Minister:

(i) the winner’s principal place of residence is within the Province; and

(ii) the winner is 18 years of age or older; and

(b) provides proof that the winner successfully completed in the Province or elsewhere one of the following courses recognized by the Minister:

(i) a firearm safety and hunter education course; or

(ii) if hunting by bow or crossbow, a bow hunter education course.

10.3(6)Paragraph (5)(b) does not apply if a winner was born before January 1, 1981, and provides proof that the winner was the previous holder of a hunting licence issued

(a) under the Act or any regulation under the Act, or

(b) under an act of another jurisdiction that is substantially similar to the Act or under a regulation under that act.

10.3(7)For the purposes of subsection (6), a winner may provide proof that the winner was the previous holder of a hunting licence

(a) by certifying in the manner required by the Minister that the winner previously held such a licence, or

(b) by producing the licence.

10.3(8)Despite subparagraph (5)(a)(i), the Minister may issue a conservation fundraising moose licence to a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province.

10.3(9)A person who was successful in the random computer draw held under subsection 9(2) in any year shall not apply for a conservation fundraising moose licence in that year.

10.4(1)Subject to subsections (2), (14), (15) and (16), a winner of a raffle conducted by a hunting or fishing association or club, or any other person acting on behalf of the winner, may, at the time of obtaining the conservation fundraising moose licence or at any later time during the term of that licence, designate a person for the purposes of subsection (4)

(a) through the Department’s website or Service New Brunswick’s website,

(b) at a Service New Brunswick centre, or

(c) at the business premises of a vendor appointed under section 84 of the Act.

10.4(2)The following persons are not eligible to be designated under subsection (1):

(a) a person who is under 16 years of age; and

(b) a person whose principal place of residence is not within the Province.

10.4(3)Despite paragraph (2)(b) but subject to subsections (14), (15) and (16), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may be designated under subsection (1).

10.4(4)A person designated under subsection (1), or any other person acting on behalf of that person, may, at the time of the designation or at any later time during the term of the conservation fundraising moose licence, obtain a designated conservation fundraising moose licence if the person obtaining the licence

(a) provides the unique identification number provided under subsection 82.1(4) of the Act to the person designated under subsection (1) at the time of registration under section 82.1 of the Act or satisfies the Minister as to the person’s identity by presenting any identification and other documentation requested by the Minister, and

(b) provides proof that the person designated under subsection (1) successfully completed in the Province or elsewhere one of the following courses recognized by the Minister:

(i) a firearm safety and hunter education course; or

(ii) if hunting by bow or crossbow, a bow hunter education course.

10.4(5)A person may obtain a designated conservation fundraising moose licence under subsection (4)

(a) through the Department’s website or Service New Brunswick’s website,

(b) at a Service New Brunswick centre, or

(c) at the business premises of a vendor appointed under section 84 of the Act.

10.4(6)If the holder of a designated conservation fundraising moose licence no longer intends to hunt moose in the year in which the licence was issued and, subject to subsections (7), (14), (15) and (16), the holder of the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued, or any other person acting the holder’s behalf, designates another person for the purposes of this subsection by appearing in person at a Service New Brunswick centre, the Minister may, on payment of the applicable fee set out in subsection 11(3) and subject to subsection (9), issue a designated conservation fundraising moose licence to the person designated under this subsection.

10.4(7)The following persons are not eligible to be designated under subsection (6):

(a) a person who is under 16 years of age;

(b) a person whose principal place of residence is not within the Province.

10.4(8)Despite paragraph (7)(b) but subject to subsections (14), (15) and (16), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may be designated under subsection (6).

10.4(9)The Minister shall not issue a designated conservation fundraising moose licence to a person designated under subsection (6) unless the person or the person obtaining the licence on behalf the person designated

(a) provides the unique identification number provided under subsection 82.1(4) of the Act to the person designated under subsection (1) at the time of registration under section 82.1 of the Act or satisfies the Minister as to the person’s identity by presenting any identification and other documentation requested by the Minister, and

(b) provides proof that the person designated under subsection (6) successfully completed in the Province or elsewhere one of the following courses recognized by the Minister:

(i) a firearm safety and hunter education course; or

(ii) if hunting by bow or crossbow, a bow hunter education course.

10.4(10)Paragraphs (4)(b) and (9)(b) do not apply if the person designated under subsection (1) or (6) was born before January 1, 1981, and the person, or a person obtaining the designated conservation fundraising moose licence on behalf of the person, provides proof that the person designated under subsection (1) or (6) was the previous holder of a hunting licence issued under the Act or any regulation under the Act or under an act of another jurisdiction that is substantially similar to the Act or under a regulation under that act

(a) by certifying in the manner required by the Minister that the person previously held such a licence, or

(b) by producing the licence.

10.4(11)Subject to subsections (12), (13), (14), (15) and (16) and on payment of the applicable fee set out in subsection 11(3), if the holder of the conservation fundraising moose licence in respect of which a designated conservation fundraising moose licence was issued dies in the same year as their licence was issued, the Minister may, on the request of the holder of the designated conservation fundraising moose licence or a person acting on their behalf, cancel that designated conservation fundraising moose licence and issue a conservation fundraising moose licence to the former holder of the designated conservation fundraising moose licence.

10.4(12)A conservation fundraising moose licence shall only be issued under subsection (11) in the same year as the previously issued conservation fundraising moose licence was issued.

10.4(13)Subsections (1) and (6) do not apply to the holder of a conservation fundraising moose licence issued under subsection (11).

10.4(14)A holder of a conservation fundraising moose licence shall not in any year be designated under subsection (1) or (6) in that year.

10.4(15)No person who was successful in the random computer draw held under subsection 9(2) in any year shall be designated under subsection (1) or (6) in that year.

10.4(16)No person who was designated under subsection 10.1(1) or (3) in any year shall be designated under subsection (1) or (6) in that year.

3Section 11 of the Regulation is amended by adding the following after subsection (2):

11(3)The fee to obtain a conservation fundraising moose licence or a designated conservation fundraising moose licence is

(a) for persons who at the time of obtaining the licence are under 65 years of age, $72, and

(b) for persons who at the time of obtaining the licence are 65 years of age or over, $37.

4Section 12 of the Regulation is amended

(a) in subsection (1) by striking out “or a non-resident moose licence” and substituting “, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence”;

(b) in subsection (2) by striking out “or a non-resident moose licence indicating on its face a wildlife management zone other than the wildlife management zone indicated under section 6 or paragraph 10(3)(b), as the case may be,” and substituting “, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence indicating on its face a wildlife management zone other than the wildlife management zone indicated under section 6, paragraph 10(3)(b) or paragraph 10.3(3)(b), as the case may be,”.

5Section 13 of the Regulation is amended

(a) in subsection (1) by striking out “(3) and (4), a resident moose licence, a designated resident moose licence or a non-resident moose licence” and substituting “(3), (4), (5) and (6), a resident moose licence, a designated resident moose licence, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence”;

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

13(5)If a designated conservation fundraising moose licence has been issued in respect of a conservation fundraising moose licence, the holder of the conservation fundraising moose licence and the holder of the designated conservation fundraising moose licence together shall not kill more than one moose in the Province in the year in which the licences were issued.

13(6)If a designated conservation fundraising moose licence has not been issued in respect of a conservation fundraising moose licence, the holder of the conservation fundraising moose licence shall not kill more than one moose in the Province in the year in which the licence was issued.

6Paragraph 15(a) of the Regulation is amended by striking out “or a valid non-resident moose licence” and substituting “, a valid non-resident moose licence, a valid conservation fundraising moose licence or a valid designated conservation fundraising moose licence”.

7Section 16 of the Regulation is amended by striking out “or a non-resident moose licence” and substituting “, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence”.

8Section 17 of the Regulation is amended

(a) by adding after subsection (1.3) the following:

17(1.4)For the purposes of this Regulation, a tag is associated with a conservation fundraising moose licence if the tag has been activated under subsection (1.6) in respect of that licence.

17(1.5)At the time of obtaining the licence, an applicant for a conservation fundraising moose licence shall apply for the activation of a tag in respect of the licence.

17(1.6)On an application under subsection (1.5), the Minister may activate a tag in respect of a conservation fundraising moose licence using the unique alphanumeric identifier printed on the tag.

17(1.7)A tag associated with a conservation fundraising moose licence is not valid if it does not comply with Schedule A.

(b) by adding after subsection (3) the following:

17(3.1)If a moose has been killed by the holder of a conservation fundraising moose licence or by the holder of a designated conservation fundraising moose licence issued in respect of the conservation fundraising moose licence, the holder of the conservation fundraising moose licence shall immediately affix the tag associated with their licence to the moose in accordance with Schedule B.

(c) by adding after subsection (5) the following:

17(5.1)No person shall affix or allow to be affixed to a moose a tag associated with a conservation fundraising moose licence other than the conservation fundraising moose licence of

(a) the person who killed the moose, or

(b) if the holder of a designated conservation fundraising moose licence killed the moose, the holder of the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued.

(d) by adding after subsection (7) the following:

17(7.1)No person shall hunt moose under a conservation fundraising moose licence once the tag associated with that licence has been used.

(e) by adding after subsection (8) the following:

17(8.1)No person shall hunt moose under a designated conservation fundraising moose licence once the tag associated with the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued has been used.

9The Regulation is amended by adding the following after section 17.1:

17.2(1)When a designated conservation fundraising moose licence has been issued in respect of a conservation fundraising moose licence, the holder of the conservation fundraising moose licence and the holder of the designated conservation fundraising moose licence shall at all times while hunting moose remain within visual or auditory contact of each other without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.

17.2(2)Despite subsection (1), when a designated conservation fundraising moose licence has been issued in respect of a conservation fundraising moose licence and the holder of the designated conservation fundraising moose licence is unable or does not wish to hunt moose, the holder of the conservation fundraising moose licence may hunt moose alone.

10Section 18 of the Regulation is amended

(a) by adding after subsection (2) the following:

18(2.1)If a holder of a conservation fundraising moose licence or a holder of a designated conservation fundraising moose licence issued in respect of a conservation fundraising moose licence kills a moose, the holder of the conservation fundraising moose licence shall

(a) register the moose not later than 12 o’clock noon on the day immediately following the closing of the moose season

(i) through the Department’s website in accordance with section 19.1, or

(ii) at the first open moose registration station on the route taken by the holder, and

(b) accompany the carcass of the moose until the moose is registered.

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

18(4.1)Despite subsection (3), when a moose has been killed by a holder of a designated conservation fundraising moose licence, the moose shall be registered or presented for registration and examination by the holder of the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued in accordance with this section and registered in the name of the holder of the conservation fundraising moose licence.

11Paragraph 19(a) of the Regulation is amended in the portion preceding subparagraph (i) by striking out “ or the holder of a non-resident moose licence” and substituting “, the holder of a non-resident moose licence or the holder of a conservation fundraising moose licence”.

12Subsection 19.1(1) of the Regulation is amended in the portion preceding paragraph (a) by striking out “or a holder of a non-resident moose licence” and substituting “, a holder of a non-resident moose licence or a holder of a conservation fundraising moose licence”.

13Subsection 20(2) of the Regulation is amended in the portion preceding paragraph (a) by striking out “or a non-resident moose licence” and substituting “, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence”.

14Schedule A of the Regulation is amended

(a) in the heading “TAG – RESIDENT MOOSE LICENCE OR NON-RESIDENT MOOSE LICENCE” preceding section 1 by striking out “OR NON-RESIDENT MOOSE LICENCE” and substituting “, NON-RESIDENT MOOSE LICENCE OR CONSERVATION FUNDRAISING MOOSE LICENCE”;

(b) in section 1 by striking out “or non-resident moose licence” and substituting “, non-resident moose licence or conservation fundraising moose licence”.

15Schedule B of the Regulation is amended in the portion preceding paragraph (a) by striking out “or non-resident moose licence” and substituting “, non-resident moose licence or conservation fundraising moose licence”.

2022-20 - Fish and Wildlife Act

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