Acts and Regulations

F-14.1 - Fish and Wildlife Act

Full text
Definitions and interpretation
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means a fine or term of imprisonment; (peine)
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear hunter, deer hunter or moose hunter when a bear, deer or moose killed by the hunter is registered;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province)ou(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62; 2019, c.29, s.179; 2020, c.25, s.56; 2021, c.12, s.1; 2022, c.28, s.24; 2023, c.38, s.1
Definitions and interpretation
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear hunter, deer hunter or moose hunter when a bear, deer or moose killed by the hunter is registered;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province)ou(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62; 2019, c.29, s.179; 2020, c.25, s.56; 2021, c.12, s.1; 2022, c.28, s.24
Definitions and interpretation
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear hunter, deer hunter or moose hunter when a bear, deer or moose killed by the hunter is registered;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Justice and Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province)ou(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62; 2019, c.29, s.179; 2020, c.25, s.56; 2021, c.12, s.1
Definitions and interpretation
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Justice and Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province)ou(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62; 2019, c.29, s.179; 2020, c.25, s.56
Definitions and interpretation
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province)ou(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62; 2019, c.29, s.179
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Energy and Resource Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“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)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Energy and Resource Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“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)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Justice and Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province; or
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police.
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag supplied with a licence that is made of cardboard, paper, plastic, metal or any other material;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province; or
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police.
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag supplied with a licence that is made of cardboard, paper, plastic, metal or any other material;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application; or
(f) a person who was born in the Province and who owns real property in the Province;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag supplied with a licence that is made of cardboard, paper, plastic, metal or any other material;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a bow that has(arbalète)
(a) a limb fixed across a stock that is grooved for a missile; and
(b) a mechanism for holding and releasing the bow string;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or longbow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm; and
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application; or
(f) a person who was born in the Province and who owns real property in the Province;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag supplied with a licence that is made of cardboard, paper, plastic, metal or any other material;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province),(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a bow that has(arbalète)
(a) a limb fixed across a stock that is grooved for a missile; and
(b) a mechanism for holding and releasing the bow string;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or longbow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm; and
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application; or
(f) a person who was born in the Province and who owns real property in the Province;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag supplied with a licence that is made of cardboard, paper, plastic, metal or any other material;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la cuiller)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau), (eaux), (eau de la province), (eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1
Definitions
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a bow that has(arbalète)
(a) a limb fixed across a stock that is grooved for a missile; and
(b) a mechanism for holding and releasing the bow string;
“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)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or longbow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added, but does not include trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm; and
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear, deer or moose hunter at a wildlife registration station when that hunter brings a bear, deer or moose killed by that hunter for inspection;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application; or
(f) a person who was born in the Province and who owns real property in the Province;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag supplied with a licence that is made of cardboard, paper, plastic, metal or any other material;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la cuiller)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau), (eaux), (eau de la province), (eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
Possession
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26