Acts and Regulations

P-19.01 - Protected Natural Areas Act

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Current to 1 January 2024
CHAPTER P-19.01
Protected Natural Areas Act
Assented to February 21, 2003
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
I
INTERPRETATION AND APPLICATION
Definitions
1In this Act
“access road” means an access road designated under paragraph 17(2)(a); (chemin d’accès)
“Crown” means the Crown in right of the Province; (Couronne)
“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands; (terres de la Couronne)
“emergency service provider” means(fournisseur de services d’urgence)
(a) a fire department organized to serve any area of the Province,
(b) an ambulance service provided in accordance with the Ambulance Services Act,
(c) a search and rescue organization,
(d) any member of the Canadian Forces while engaged in rendering assistance to a lawfully constituted civilian police force, or
(e) such other person or service as is prescribed by regulation;
“endangered species” means endangered species as defined in the Species at Risk Act;(espèce en voie de disparition)
“enforcement officer” means (agent d’exécution de la loi)
(a) Repealed: 2013, c.39, s.17
(b) a conservation officer appointed under the Crown Lands and Forests Act or the Fish and Wildlife Act,
(c) a fishery officer appointed under the Fisheries Act (Canada),
(d) a game officer under the Migratory Birds Convention Act, 1994 (Canada),
(e) a member of the Royal Canadian Mounted Police, or
(f) a police officer as defined in the Police Act;
“forest service officer” means a person appointed under subsection 5(1) of the Crown Lands and Forests Act; (agent du service forestier)
“judge” means a judge of the Provincial Court of New Brunswick; (juge)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act; (bureau d’enregistrement des biens-fonds)
“Minister” means the Minister of Natural Resources and Energy Development;(Ministre)
“motor vehicle” means any self-propelled vehicle; (véhicule à moteur)
“permit” means a permit issued under subsection 15(1) that has not expired or been suspended or cancelled and includes a reinstatement, extension, renewal or amendment of such a permit; (permis)
“private lands” means lands other than Crown Lands and other lands vested in the Crown; (terrains privés)
“protected natural area” means a protected natural area established under this Act; (zone naturelle protégée)
“public utility” means a public utility as defined in the Part 3 of the Energy and Utilities Board Act; (entreprise de service public)
“recreational road” means a recreational road designated under paragraph 17(2)(b); (chemin récréatif)
“regionally endangered species” Repealed: 2012, c.6, s.81
“road” includes a trail and bridge; (chemin)
“threatened species” means a threatened species as defined in the Species at Risk Act;(espèce menacée)
“vehicle” means a motor vehicle, bicycle, cart, wagon, trailer or other means of conveyance and includes a watercraft or a railway car and any load carried on, in or by or towed by any of them. (véhicule)
2004, c.20, s.49; 2004, c.12, s.53; 2006, c.E-9.18, s.102; 2012, c.6, s.81; 2013, c.39, s.17; 2016, c.37, s.152; 2019, c.29, s.202; 2023, c.17, s.213
Application of Act
2This Act binds the Crown.
Purpose of Act
3The purpose of this Act is to protect the biological diversity of fauna and flora within the Province and the relationship between such fauna and flora and the environment by protecting, conserving and managing lands that
(a) are representative of ecosystems or natural landscapes within the Province,
(b) contain unique or unusual assemblages of fauna or flora,
(c) contain, in its natural habitat, native fauna or flora that is rare or endangered,
(d) contain ecologically sensitive fauna, flora or habitats,
(e) contain unique or rare examples of botanical, zoological, pedological or geological phenomena, or
(f) contain ecosystems that have been altered by humans and that offer opportunities for the study of the recovery of the ecosystems from such alteration,
while providing opportunities for public access to those lands or portions of those lands for outdoor recreational activities, educational activities and scientific research that have minimal environmental impact.
Conflict
4Where there is a conflict between this Act or a regulation under this Act and any other Act or regulation, the provisions of this Act or the regulation under this Act prevail.
II
ESTABLISHMENT OF PROTECTED NATURAL
AREAS
Establishment of protected natural areas
5(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, by regulation,
(a) establish a protected natural area on Crown Lands for the purpose of this Act, or
(b) establish, subject to any terms and conditions of the written consent referred to in subsection (4), a protected natural area on private lands for the purpose of this Act.
5(2)A protected natural area established under subsection (1) may be a Class I Protected Natural Area or a Class II Protected Natural Area.
5(3)Before the Lieutenant-Governor in Council establishes a protected natural area on Crown Lands, the Minister shall
(a) in the case of a protected natural area that is 750 hectares or less, undertake such consultation as the Minister considers appropriate, or
(b) in the case of a protected natural area that is greater than 750 hectares, undertake consultations in accordance with the regulations.
5(4)Before the Lieutenant-Governor in Council establishes a protected natural area on private lands, the Minister shall obtain the written consent to the establishment of the private lands as a protected natural area from every person who has a proprietary, possessory or security interest in the private lands.
5(5)A written consent referred to in subsection (4) may be for a fixed term or for perpetuity, and every person with a proprietary, possessory or security interest in the same private lands shall consent for the same term.
5(6)Where the written consent to the establishment of private lands as a protected natural area is given by every person with a proprietary, possessory or security interest in the private lands, a copy of the consent shall be filed in the land registration office in the county or counties in which the lands are situated, and the consent, subject to its terms and conditions, is binding for the term of the consent on every person with a proprietary, possessory or security interest in the lands and any subsequent person with any such interest in the lands.
5(7)No action or other proceeding lies or shall be instituted against the Minister or the Crown by reason only that the Minister failed to obtain the written consent of a person under subsection (4) if the Minister for any bona fide reason failed to identify that person as having a proprietary, possessory or security interest in the private lands.
5(8)The failure of the Minister to obtain the written consent of every person who has a proprietary, possessory or security interest in private lands does not affect the validity of any regulation establishing a protected natural area on the private lands.
Alteration of the boundaries of or abolishment of protected natural areas on Crown Lands
6(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, by regulation,
(a) alter the boundaries of a protected natural area on Crown Lands, or
(b) abolish a protected natural area on Crown Lands, if the lands are no longer suitable for the purpose of this Act.
6(2)Before the Lieutenant-Governor in Council alters the boundaries of a protected natural area on Crown Lands, the Minister shall undertake such consultations as the Minister considers appropriate.
6(3)Before the Lieutenant-Governor in Council abolishes a protected natural area on Crown Lands, the Minister shall
(a) in the case of a protected natural area that is 750 hectares or less, undertake such consultation as the Minister considers appropriate, or
(b) in the case of a protected natural area that is greater than 750 hectares, undertake consultations in accordance with the regulations.
Alteration of the boundaries of or abolishment of protected natural areas on private lands
7(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, by regulation,
(a) alter the boundaries of a protected natural area on private lands so as to remove a portion of the private lands from the protected natural area, or
(b) abolish a protected natural area on private lands, if the lands are no longer suitable for the purpose of this Act.
7(2)Before the Lieutenant-Governor in Council alters the boundaries of a protected natural area on private lands so as to remove a portion of the private lands from the protected natural area or abolishes a protected natural area on private lands, the Minister shall serve notice in writing of the intention to remove the portion of the private lands or to abolish the protected natural area on private lands to the owner or owners of the private lands.
7(3)The failure of the Minister to serve notice under subsection (2) to the owner or owners of the private lands does not affect the validity of any regulation altering the boundaries of or abolishing a protected natural area on private lands.
Filing of descriptions or plans of protected natural areas and publication or filing of notice
8(1)Where a protected natural area is established, its boundaries are altered or a protected natural area is abolished, the Minister shall without delay
(a) in the case of the establishment of a protected natural area
(i) file a copy of the description or plan of the protected natural area in the head office of the Department of Natural Resources and Energy Development and in each of the regional offices of the Department of Natural Resources and Energy Development,
(ii) file a copy of the description or plan of the protected natural area in the land registration office in the county or counties in which the protected natural area is situated, and
(iii) publish a notice respecting the establishment accompanied by a copy of the description or plan of the protected natural area at least once in one or more newspapers published in the county or counties in which the protected natural area is situated or, if no newspaper is published in that county or those counties, in a newspaper published in the Province and having general circulation in that county or those counties,
(b) in the case of an alteration of the boundaries of a protected natural area
(i) file a copy of the amended description or plan of the protected natural area in the head office of the Department of Natural Resources and Energy Development and in each of the regional offices of the Department of Natural Resources and Energy Development,
(ii) file a copy of the amended description or plan of the protected natural area in the land registration office in the county or counties in which the protected natural area is situated, and
(iii) publish a notice respecting the boundary alteration accompanied by a copy of the amended description or plan of the protected natural area at least once in one or more newspapers published in the county or counties in which the protected natural area is situated or, if no newspaper is published in that county or those counties, in a newspaper published in the Province and having general circulation in that county or those counties, or
(c) in the case of the abolishment of a protected natural area
(i) file a notice of the abolishment in the head office of the Department of Natural Resources and Energy Development and in each of the regional offices of the Department of Natural Resources and Energy Development,
(ii) file a notice of the abolishment in the land registration office in the county or counties in which the protected natural area was situated immediately before its abolishment, and
(iii) publish a notice respecting the abolishment at least once in one or more newspapers published in the county or counties in which the protected natural area was situated immediately before its abolishment or, if no newspaper is published in that county or those counties, in a newspaper published in the Province and having general circulation in that county or those counties.
8(2)A copy of a description or plan of a protected natural area or of an amended description or plan of a protected natural area shall be open to public inspection during normal business hours in each of the offices in which it is filed under subparagraph (1)(a)(i) or (b)(i).
2004, c.20, s.49; 2016, c.37, s.152; 2019, c.29, s.202
No injurious affection
9Private lands shall be deemed not to be injuriously affected by reason only that they are part of a protected natural area, are surrounded by a protected natural area or are adjacent to a protected natural area.
Acquisition of private lands
10The Minister may acquire private lands for the purposes of establishing a protected natural area or altering the boundaries of a protected natural area if such acquisition is made by purchase, exchange or gift.
III
ACTIVITIES WITHIN A PROTECTED NATURAL
AREA
Activities prohibited within a Class I Protected Natural Area
11Except as otherwise provided in this Act or the regulations, no person shall
(a) enter a Class I Protected Natural Area, or
(b) carry on any activity within a Class I Protected Natural Area.
Activities prohibited within a Class II Protected Natural Area
12Except as otherwise provided in this Act or the regulations, no person shall
(a) within a Class II Protected Natural Area
(i) carry on forestry activities,
(ii) carry on agricultural activities,
(iii) carry on aquaculture activities,
(iv) carry on mineral exploration activities or mining activities,
(v) carry on boring or drilling activities,
(vi) carry on quarrying activities,
(vii) carry on gas or petroleum exploration or development activities,
(viii) carry on excavation, leveling or construction activities,
(ix) carry on industrial or commercial activities,
(x) camp or otherwise occupy the land,
(xi) have or keep a horse, donkey, mule or llama,
(xii) use or operate a vehicle other than a watercraft, or
(xiii) carry on any of the following activities unless such activity is necessarily incidental to an activity that may lawfully be carried on within a Class II Protected Natural Area:
(A) introducing or removing any fauna or flora;
(B) disturbing, harassing, injuring or killing any fauna or disturbing, damaging or destroying any flora;
(C) introducing a substance or thing that may injure or kill any fauna or disturb, damage or destroy any flora; or
(D) any other activity that may disturb, alter, damage or destroy an ecosystem, or
(b) within a Class II Protected Natural Area or a portion of a Class II Protected Natural Area, carry on any other activity prohibited by regulation within that protected natural area or that portion of the protected natural area.
Persons exempted from sections 11 and 12
13Sections 11 and 12 do not apply to
(a) an emergency service provider in carrying out and exercising activities or services for
(i) the public safety,
(ii) the protection of public health,
(iii) the protection of private lands or other private property, or
(iv) the protection of the environment within or outside the boundaries of a protected natural area, or
(b) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act, a medical officer of health or an inspector as defined in the Public Health Act or an enforcement officer in carrying out and exercising his or her responsibilities, duties and powers under an Act of the Legislature or of Canada, as the case may be.
2017, c.42, s.91
Activities carried on or authorized by the Minister
14The Minister may carry on, or authorize another person to carry on, activities within a protected natural area, including activities that would otherwise be prohibited under section 11 or 12, for
(a) the protection, conservation and management of a protected natural area or any portion of a protected natural area,
(b) the protection, rehabilitation, recovery or restoration of an ecosystem within a protected natural area,
(c) the protection of forests and other natural resources against fire, insects or disease, or
(d) the health and welfare of fauna or the health of flora.
Permits to carry on certain activities
15(1)Upon application to the Minister, the Minister may issue a permit to a person authorizing that person to enter and carry on within a protected natural area the following activities, whether or not such activities necessitate the carrying on of one or more activities prohibited under section 11 or 12:
(a) scientific research;
(b) educational activities;
(c) the introduction of a species of fauna or flora for the purpose of the rehabilitation, recovery or restoration of a degraded ecosystem, the recovery or restoration of a depleted population of fauna or flora, or the recovery or restoration of an endangered species or a threatened species; or
(d) the introduction of a substance or thing into the protected natural area for the purpose of the rehabilitation, recovery or restoration of a degraded ecosystem.
15(2)An application for a permit shall be on a form provided by the Minister and shall be accompanied by payment of any fee prescribed by regulation.
15(3)The Minister may impose any terms or conditions the Minister considers appropriate on a permit and may at any time amend, delete or add to the terms and conditions imposed on a permit.
15(4)The Minister may cancel or suspend a permit.
15(5)Upon application to the Minister on a form provided by the Minister accompanied by payment of any fee prescribed by regulation, the Minister may reinstate a permit that has been cancelled or extend, renew or amend a permit.
15(6)The holder of a permit shall comply with the terms and conditions of the permit.
2012, c.6, s.81
Requirement to produce permit upon request
16If the holder of a permit enters a protected natural area under the permit or carries on an activity within a protected natural area under the permit, the holder of the permit shall produce the permit when requested by a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act.
2013, c.39, s.17
Recreational and access roads
17(1)The Minister may develop, construct, maintain and manage roads within any protected natural area on Crown Lands for the purposes of access or within a Class II Protected Natural Area on Crown Lands for the purposes of recreation and may designate such roads as access roads or recreational roads in accordance with subsection (2).
17(2)The Minister may, with the approval of the Lieutenant-Governor in Council, make regulations
(a) designating a road or portion of a road within a protected natural area on Crown Lands to be an access road,
(b) designating a road or portion of a road within a Class II Protected Natural Area on Crown Lands to be a recreational road of any category prescribed by the Minister, or
(c) prescribing categories of recreational roads for the purposes of paragraph (b).
17(3)A regulation made under paragraph (2)(a) or (b) shall contain a description or plan of the road or portion of road designated as an access road or recreational road.
Closure of protected natural areas, recreational roads or access roads
18(1)Where the Minister considers it necessary or advisable, the Minister may by a notice in writing, posted or placed in accordance with the regulations, close temporarily or for a specified period of time to public use any protected natural area, recreational road or access road or any portion of a protected natural area, recreational road or access road.
18(2)Notwithstanding sections 14 and 15 and the regulations, no person other than the Minister shall enter a protected natural area or portion of a protected natural area or enter upon a recreational road or access road or portion of a recreational road or access road during the time that it is closed to public use under subsection (1) without the authorization of the Minister given under this subsection.
18(3)Subsection (2) does not apply to
(a) an emergency service provider in carrying out and exercising activities or services for
(i) the public safety,
(ii) the protection of public health,
(iii) the protection of private lands or other private property, or
(iv) the protection of the environment within or outside the boundaries of a protected natural area,
(b) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act, a medical officer of health or an inspector as defined in the Public Health Act or an enforcement officer in carrying out and exercising his or her responsibilities, duties and powers under an Act of the Legislature or of Canada, as the case may be, or
(c) a person acting pursuant to an interest or agreement referred to in section 22.
2017, c.42, s.91
No disposing or encumbering of Crown Lands within a protected natural area
19Notwithstanding any other Act, the Minister shall not
(a) grant, convey or otherwise dispose of Crown Lands within a protected natural area,
(b) grant a right-of-way or easement with respect to Crown Lands within a protected natural area, or
(c) lease, issue a licence of occupation under the Crown Lands and Forests Act or otherwise encumber Crown Lands within a protected natural area.
2005, c.1, s.6
Exceptions
20Section 19 does not apply to
(a) a right-of-way or easement granted by the Minister under the Crown Lands and Forests Act to the owner of private lands for the purpose of providing access to the private lands where the private lands are otherwise inaccessible and
(i) are surrounded by a protected natural area, or
(ii) are adjacent to a protected natural area,
(b) an easement to a public utility granted by the Minister under the Crown Lands and Forests Act where the easement is adjacent to an easement that was in existence immediately before the commencement of this section, the additional easement is for the same purposes as the existing easement, and the Minister is of the opinion that the granting of the additional easement is in the public interest,
(c) a right-of-way or easement granted by the Minister under the Crown Lands and Forests Act for the purpose of providing access to Crown Lands for the maintenance, management, repair, rehabilitation or operation of infrastructure located within the boundaries of a protected natural area,
(d) a lease issued by the Minister under the Crown Lands and Forests Act where the approved use of the Crown Lands, as specified in the lease, is the maintenance, management, repair, rehabilitation or operation of infrastructure located within the boundaries of a protected natural area,
(e) a licence of occupation granted by the Minister under the Crown Lands and Forests Act where the approved use of the lands, as specified in the licence of occupation, is the maintenance, management, repair, rehabilitation or operation of infrastructure located within the boundaries of a protected natural area,
(f) a lease of Crown Lands within a Class II Protected Natural Area issued by the Minister under the Crown Lands and Forests Act where the approved use of the lands, as specified in the lease, is a trail for the carrying on of an outdoor recreational activity, or
(g) a licence of occupation authorizing the occupancy and use of Crown Lands within a Class II Protected Natural Area issued by the Minister under the Crown Lands and Forests Act where the approved use of the lands, as specified in the licence of occupation, is a trail for the carrying on of an outdoor recreational activity.
2005, c.1, s.6
Infrastructure within a protected natural area
21The Minister may
(a) maintain, manage, repair, rehabilitate and operate infrastructure that is located within the boundaries of a protected natural area, and
(b) enter into an agreement with one or more persons for the maintenance, management, repair, rehabilitation or operation of infrastructure referred to in paragraph (a).
Existing and future interests and agreements
22Nothing in this Act or the regulations affects the rights, duties, obligations or responsibilities of any person in respect of any of the following interests and agreements in relation to lands within a protected natural area, and any person acting pursuant to such an interest or agreement may carry on an activity that is otherwise prohibited under section 11 or 12:
(a) a licence to search or a lease granted under the Oil and Natural Gas Act and in effect immediately before the establishment of the protected natural area;
(b) a mineral claim recorded or a mining lease granted under the Mining Act and in effect immediately before the establishment of the protected natural area;
(c) a Crown timber license or a Crown timber sub-license issued under the Crown Lands and Forests Act and in effect immediately before the establishment of the protected natural area;
(d) a lease issued under the Crown Lands and Forests Act and in effect immediately before the establishment of the protected natural area;
(e) a licence of occupation issued under the Crown Lands and Forests Act and in effect immediately before the establishment of the protected natural area;
(f) a right-of-way or easement granted under the Crown Lands and Forests Act and in effect immediately before the establishment of the protected natural area;
(g) a lease, authorization, right-of-way or easement referred to in section 20;
(h) an agreement entered into under paragraph 21(b);
(i) an agreement entered into before the establishment of the protected natural area and that is prescribed by regulation; and
(j) an interest acquired before the establishment of the protected natural area and that is prescribed by regulation.
2005, c.1, s.6
Erection of notices and other markers
23(1)In addition to a notice referred to in subsection 18(1), the Minister may post or place any notice, plaque, marker, sign or other device in a protected natural area
(a) indicating the location of the protected natural area,
(b) indicating the location of a recreational road or access road,
(c) indicating that activities are permitted, restricted or prohibited within the protected natural area or portion of the protected natural area, or
(d) containing any other information that the Minister considers advisable.
23(2)The Minister may remove any notice, plaque, marker, sign or other device posted or placed under subsection (1) or subsection 18(1).
Prohibitions respecting notices and other markers
24(1)No person shall without lawful authority
(a) post or place any notice, plaque, marker, sign or other device in a protected natural area, or
(b) damage, deface or remove any notice, plaque, marker, sign or other device posted or placed in a protected natural area under subsection 18(1) or 23(1).
24(2)In a prosecution for an offence under this Act or the regulations,
(a) the posting or placing of a notice, plaque, marker, sign or other device under subsection 18(1) or 23(1) that shows the Province of New Brunswick galley logo and bears the inscription “Department of Natural Resources and Energy Development” or “Natural Resources and Energy Development” is, in the absence of evidence to the contrary, proof that the notice, plaque, marker, sign or other device was posted under the authority of that subsection, and
(b) evidence that the notice, plaque, marker, sign or other device was in existence both before and after the conduct in question is, in the absence of evidence to the contrary, proof that it was in existence at all material times.
2004, c.20, s.49; 2016, c.37, s.152; 2019, c.29, s.202
IV
ENFORCEMENT, OFFENCES AND PENALTIES
Definition of “conservation officer”
2013, c.39, s.17
24.1In this Part, “conservation officer” means a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act.(agent de conservation)
2013, c.39, s.17
Powers of conservation officers and forest service officers
2013, c.39, s.17
25(1)A conservation officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
25(2)A conservation officer has, in addition to the powers of search given under the Provincial Offences Procedure Act, the power to search without warrant any lands within a protected natural area in or on which he or she has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations.
25(3)A conservation officer or a forest service officer, in carrying out his or her duties under this Act or the regulations, and any person accompanied by him or her, may enter upon and pass through private lands without being liable for trespass.
2013, c.39, s.17.
Duty to report violation
2013, c.39, s.17
25.1Section 13 of the Fish and Wildlife Act applies to a conservation officer and a forest service officer for the purposes of this Act and the regulations.
2013, c.39, s.17
Prohibitions respecting statements to or obstruction of conservation officer or forest service officer
2013, c.39, s.17
26No person shall
(a) knowingly make a false or misleading statement to a conservation officer or a forest service officer engaged in carrying out his or her duties under this Act or the regulations, or
(b) knowingly obstruct, cause to be obstructed or incite others to obstruct a conservation officer or a forest service officer engaged in carrying out his or her duties under this Act or the regulations, or any person assisting the conservation officer or the forest service officer in carrying out of his or her duties under this Act or the regulations.
2013, c.39, s.17
Search, seizure and return or forfeiture of property seized
27(1)In this section
“judicial district” means a judicial district for the Trial Division of The Court of King’s Bench of New Brunswick; (circonscription judiciaire)
“prosecutor” means the Attorney General or an agent of the Attorney General or counsel acting on behalf of the Attorney General. (poursuivant)
27(2)A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,
(a) seize and remove any vehicle that he or she has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle in which he or she finds anything in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed.
27(3)Where a conservation officer finds any fauna, flora or other thing in plain view where he or she lawfully is and in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed, he or she may seize all or any part of such fauna, flora or thing.
27(4)Where a conservation officer in the course of conducting a lawful search in respect of an offence under this Act or the regulations seizes property that may afford evidence of the commission of the offence, he or she shall
(a) without delay, report the particulars of the seizure to the Minister, and
(b) where he or she has knowledge of the person who was in actual or apparent possession of the property seized at the time of the seizure, give notice in writing to that person of the seizure.
27(5)Where any property not belonging to the Crown has been seized by a conservation officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the conservation officer to return the property seized to the owner or the person who was in lawful possession of the seized property at the time of the seizure.
27(6)Where any property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with an interest in the property seized may apply to a judge for the return of the property after giving to the prosecutor and any other person known by the person making the application to have or to claim an interest in the property 14 days’ notice in writing of the person’s intention of making the application.
27(7)A notice required to be given to a prosecutor under subsection (6) may be delivered or mailed to the prosecutor’s office in the judicial district in which the property was seized, and when sent by mail to the prosecutor’s office shall be deemed to have been received by the prosecutor not later than the seventh day after the day of mailing.
27(8)A notice referred to in subsection (6) shall contain
(a) a brief description of the property seized and of the circumstances surrounding its seizure,
(b) the time and place for hearing the application, and
(c) a statement of the grounds and facts upon which the application is based.
27(9)Where an application under subsection (6) has been heard, the judge may order the return of the property seized to the person who made the application and may require the person to deposit with the court a sum of money or other security in such amount as the judge considers appropriate.
27(10)Where the judge under subsection (6) orders the return of the property seized, the conservation officer shall return it as soon after the order as is practicable to the person who made the application.
27(11)Where a person is convicted of an offence in respect of this Act or the regulations,
(a) any property belonging to the Crown seized under this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister and the Minister may dispose of it in the manner the Minister considers appropriate, and
(b) the judge may, in addition to any other penalty imposed,
(i) order that any sum of money or other security deposited with the court under subsection (9) be forfeited to the Minister, or
(ii) order that any property seized under this Act or the Provincial Offences Procedure Act that has not been returned under subsection (5) or (9) be forfeited to the Minister.
27(12)Upon the making of an order under paragraph (11)(b),
(a) the sum of money or other security is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction make use of the money or realize on the other security, and
(b) the property seized under this Act or the Provincial Offences Procedure Act is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction dispose of the property in the manner the Minister considers appropriate.
27(13)Where any property not belonging to the Crown has been seized by a conservation officer and a prosecution has not been instituted within 6 months after the events giving rise to the seizure of the property, he or she shall return the property seized to the owner or person who was in lawful possession of the property seized at the time of the seizure.
27(14)Where any property not belonging to the Crown has been seized by a conservation officer, he or she shall, within 30 days after the final disposition of the charge in relation to the events giving rise to the seizure, return the property seized to the owner or the person who was in lawful possession of the property seized at the time of the seizure
(a) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and no conviction resulted from the charge, or
(b) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and a conviction resulted from the charge but the judge did not order the forfeiture of the property seized.
2013, c.39, s.17; 2023, c.17, s.213
Disposal where owner unknown or not found
28Where any property is seized under this Act or the Provincial Offences Procedure Act and the owner is unknown or cannot be found within 3 months after the seizure, the Minister may direct that it be disposed of in any manner the Minister considers appropriate.
Designation and certificate of qualified technician
29(1)The Minister may designate persons as qualified technicians for the purposes of this section.
29(2)Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a method prescribed by regulation, analyzed or examined any fauna or flora 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 in the absence of evidence to the contrary is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
29(3)The party against whom a certificate of a qualified technician is produced under subsection (2) may, with leave of the court, require the attendance of the qualified technician for purposes of cross-examination.
29(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.
Offences and penalties
30(1)Subject to subsection (2), an individual who violates or fails to comply with paragraph 11(a) or (b), subparagraph 12(a)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xii), clause 12(a)(xiii)(A), (B), (C) or (D), paragraph 12(b) or subsection 15(6) commits an offence and is liable on conviction to a fine of not less than $500 and not more than $100,000 or a term of imprisonment of not more than 6 months, or both.
30(2)Where, in the opinion of a judge, an individual has committed an offence referred to in subsection (1) for financial advantage or to avoid the financial burden of compliance with the law, the judge may impose a fine of not less than $5,000 and not more than $100,000 or a term of imprisonment of not more than 6 months, or both.
30(3)A corporation that violates or fails to comply with paragraph 11(a) or (b), subparagraph 12(a)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xii), clause 12(a)(xiii)(A), (B), (C) or (D), paragraph 12(b) or subsection 15(6) commits an offence and is liable on conviction to a fine of not less than $5,000 and not more than $1,000,000.
30(4)A person who violates or fails to comply with
(a) section 16 commits an offence and is liable on conviction to a fine of not less than $100 and not more than $300,
(b) subsection 18(2) commits an offence and is liable on conviction to a fine of not less than $300 and not more than $1,000,
(c) paragraph 24(1)(a) or (b) commits an offence and is liable on conviction to a fine of not less than $100 and not more than $300,
(d) paragraph 26(a) commits an offence and is liable on conviction to a fine of not less than $300 and not more than $1,000, or
(e) paragraph 26(b) commits an offence and is liable on conviction to a fine of not less than $500 and not more than $10,000.
30(5)Unless otherwise provided in this Act, a person who violates or fails to comply with a provision of the regulations commits an offence and is liable on conviction to a fine of not less than $100 and not more than $500.
30(6)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 subsection (1), (2), (3), (4) or (5), as the case may be, 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 subsection (1), (2), (3), (4) or (5), as the case may be, multiplied by the number of days during which the offence continues.
Additional penalties
31(1)When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may,
(a) after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:
(i) to refrain from doing anything that may result in the continuation or repetition of the offence;
(ii) to take any action the judge considers appropriate to remedy any harm to any species of fauna or flora or its habitat that has resulted, is resulting or may result from the act or omission that constituted the offence;
(iii) to perform community service;
(iv) if a trust fund has been established by regulation for the purposes of this Act, to pay money for the purpose of or for the promotion of the protection and conservation of fauna or flora or for the purpose of or for the promotion of the rehabilitation or restoration of the habitat of fauna or flora;
(v) to deposit money or other security with the court in an amount that will ensure compliance with any order made under this paragraph; or
(vi) to comply with any other direction or condition the judge considers appropriate in the circumstances; and
(b) in addition to any other penalty that may be imposed, make an order prohibiting the person from entering or being in a protected natural area or any portion of a protected natural area for such period of time as the judge considers appropriate.
31(2)Where a judge makes an order under subparagraph (1)(a)(iv) directing a person to pay money, the money shall be deposited to the credit of the trust fund referred to in that subparagraph.
31(3)An order made under paragraph (1)(a) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
31(4)The judge shall specify in an order made under paragraph (1)(a) the period of time during which it is in effect, which period shall not exceed five years.
V
MISCELLANEOUS
Administration of Act
32The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.
Agreements for the protection, conservation and management of protected natural areas
33The Minister may enter into an agreement with one or more persons for the protection, conservation and management of a protected natural area or any portion of a protected natural area.
Service of notice or other document
34Subject to subsection 27(7), any notice or other document required to be given to or served on a person under this Act may be served personally on the person or on an adult residing at the last known residence of the person, or sent by registered mail to such residence, and when sent by registered mail shall be deemed to have been received by the person not later than the seventh day after the day of mailing.
Regulations
35The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations
(a) prescribing other persons or services for the purposes of paragraph (e) of the definition “emergency service provider”;
(b) establishing a protected natural area on Crown Lands or on private lands;
(c) altering the boundaries of or abolishing a protected natural area on Crown Lands or on private lands;
(d) respecting consultations to be undertaken by the Minister under paragraph 5(3)(b) or 6(3)(b);
(e) respecting activities that may be carried on within any or all protected natural areas, on a recreational or access road or within any other portion of a protected natural area, including activities otherwise prohibited under section 11 or 12, and the period of time within which and the manner in which such activities may be carried on;
(f) prohibiting activities within any or all Class II Protected Natural Areas, within a portion of any Class II Protected Natural Area or on a recreational road or access road;
(g) respecting fees payable on application for a permit under subsection 15(1) or on application for the reinstatement, extension, renewal or amendment of a permit under subsection 15(5);
(h) prescribing agreements for the purposes of paragraph 22(i);
(i) prescribing interests for the purposes of paragraph 22(j);
(j) respecting the posting or placing of notices, plaques, markers, signs or other devices in a protected natural area;
(k) prescribing methods of analysis for the purposes of subsection 29(2);
(l) respecting the establishment of a trust fund for the purposes of this Act, including without limiting the generality of the foregoing, the trustee of the trust fund, the money to be paid into the trust fund and the purposes for which payments may be made out of the trust fund;
(m) respecting committees to assist and advise the Minister regarding protected natural areas, including without limiting the generality of the foregoing, establishing the committees, the composition of and appointments to the committees, the term of office of members of the committees, the election or appointment of chairpersons, vice-chairpersons and other officers of the committees, the duties and responsibilities of the committees and members, the reimbursement of expenses of the members of the committees and any other matter relating to the creation and functioning of such committees;
(n) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(o) respecting any other matter or thing the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act.
Transitional provisions
36Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document,
(a) reference is made to the Ecological Reserves Act it shall be read as a reference to the Protected Natural Areas Act unless the context requires otherwise, or
(b) reference is made to an ecological reserve it shall be read as a reference to a protected natural area unless the context requires otherwise.
Consequential amendments
37Section 2 of New Brunswick Regulation 86-160 under the Crown Lands and Forests Act is amended in the definition “special area” by striking out “are designated as ecological reserves under the Ecological Reserves Act or”.
Consequential amendments
38Paragraph 27(d) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by striking out “an ecological reserve under the Ecological Reserves Act” and substituting“a protected natural area under the Protected Natural Areas Act”.
Consequential amendments
39(1)Paragraph 30(2)(k) of New Brunswick Regulation 86-98 under the Mining Act is amended by striking out “ecological reserve” and substituting “protected natural area”.
39(2)Paragraph 52.1(b) of the Regulation is amended by striking out “ecological reserve” and substituting “protected natural area”.
Consequential amendments
40Paragraph 137(c) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by
(a) striking out the “and” at the end of subparagraph (ii);
(b) adding the following after subparagraph (ii):
(ii.1) subsection 25(2) of the Protected Natural Areas Act, and
Consequential amendments
41Paragraph 2.1(1)(b) of the Trespass Act, chapter T-11.2 of the Acts of New Brunswick, 1983, is repealed and the following is substituted:
(b) in a protected natural area established under the Protected Natural Areas Act;
Repeal of Ecological Reserves Act and regulations
42The Ecological Reserves Act, chapter E-1.1 of the Acts of New Brunswick, 1975, is repealed.
Repeal of Ecological Reserves Act and regulations
43New Brunswick Regulation 83-79 under the Ecological Reserves Act is repealed.
Repeal of Ecological Reserves Act and regulations
44New Brunswick Regulation 94-49 under the Ecological Reserves Act is repealed.
Commencement
45This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. Sections 1, 2, 3, 4, subsections 5(1), 5(2), 5(4), 5(5), 5(6), 5(7), 5(8), subsections 6(1), 6(2), sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, subsections 30(1), 30(2), 30(3), paragraphs 30(4)(a), 30(4)(d), 30(4)(e), subsection 30(6), sections 31, 32, 33, 34, paragraphs 35(b), 35(c), 35(j), 35(n), 35(o), sections 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 of this Act were proclaimed and came into force April 1, 2003.
N.B. Subsections 5(3), 6(3), sections 18, 29, paragraphs 30(4)(b) and (c), section 30(5), paragraphs 35(a), (d), (e), (f), (g), (h), (i), (k) and (m) of this Act were proclaimed and came into force May 31, 2004.
N.B. Sections 19 and 20 of this Act were proclaimed and came into force June 30, 2007.
N.B. Paragraph 35(l) of this Act was proclaimed and came into force December 31, 2014.
N.B. This Act is consolidated to June 16, 2023.