Acts and Regulations

F-14.1 - Fish and Wildlife Act

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Regulations respecting qualified technician
114.1(0.1)The Minister may appoint persons, who, in his or her opinion, have received suitable training to be qualified technicians for the purposes of this section.
114.1(1)The Lieutenant-Governor in Council may by regulation prescribe the procedures to be used by a qualified technician in the analysis or examination of the following:
(a) a portion of meat, tissue or body fluid of any species of wildlife or fish;
(b) a firearm;
(c) ammunition;
(d) a substance; and
(e) any other thing prescribed by regulation.
114.1(2)Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a procedure prescribed by regulation, analyzed or examined any of the things listed in paragraphs (1)(a) to (e) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
114.1(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person charged in respect of whom the certificate is to be produced, reasonable notice of his intention together with a copy of the certificate.
114.1(4)An accused person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the qualified technician who has issued the certificate for the purposes of cross-examination.
1983, c.33, s.29; 1986, c.38, s.5; 2004, c.12, s.45; 2005, c.2, s.2
Regulations respecting qualified technician
114.1(0.1)The Minister may appoint persons, who, in his or her opinion, have received suitable training to be qualified technicians for the purposes of this section.
114.1(1)The Lieutenant-Governor in Council may by regulation prescribe the procedures to be used by a qualified technician in the analysis or examination of the following:
(a) a portion of meat, tissue or body fluid of any species of wildlife or fish;
(b) a firearm;
(c) ammunition;
(d) a substance; and
(e) any other thing prescribed by regulation.
114.1(2)Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a procedure prescribed by regulation, analyzed or examined any of the things listed in paragraphs (1)(a) to (e) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
114.1(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person charged in respect of whom the certificate is to be produced, reasonable notice of his intention together with a copy of the certificate.
114.1(4)An accused person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the qualified technician who has issued the certificate for the purposes of cross-examination.
1983, c.33, s.29; 1986, c.38, s.5; 2004, c.12, s.45; 2005, c.2, s.2