Acts and Regulations

F-14.1 - Fish and Wildlife Act

Full text
Offences respecting licence, method, private land
34(1)In this section
“private land” means all land within the Province, excepting
(a) Crown Lands, and
(b) any other land that is under the administration and control of a department, as defined in section 1 of the Financial Administration Act, or a Crown Corporation or other agency of the Province, including any water upon or under the surface of such land.
34(2)Every person commits an offence who
(a) hunts wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations,
(b) hunts beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations; or
(c) angles for any fish unless
(i) authorized by licence issued under this Act or the regulations, or
(ii) authorized by a fishing licence issued by the Province of Quebec and fishes in accordance with the terms and conditions of that licence and within the boundary waters of the Restigouche and Patapedia rivers.
34(2.1)If there is any inconsistency or conflict between the terms and conditions of the fishing licence referred to in subparagraph (2)(c)(ii) and any provision of this Act or the regulations, the terms and conditions of that licence prevail to the extent of the inconsistency or conflict.
34(3)Every person commits an offence who
(a) traps or snares wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, unless authorized by licence issued under this Act or the regulations, or
(b) traps or snares beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations.
34(4)Notwithstanding subsections (2) and (3), the owner or occupant of private land, or a person who would be entitled to hold a licence issued under this Act or the regulations and is designated by an owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife listed in subsection (5) that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(4.1)Despite subsections (2) and (3), the owner or occupant of private land who is a holder of a Migratory bird damage permit or an Airport-kill permit, issued under the Migratory Birds Regulations under the Migratory Birds Convention Act, 1994 (Canada), or who is a holder of a fishing licence for nuisance seal issued under the Marine Mammal Regulations under the Fisheries Act (Canada), or who would be entitled to hold a licence issued under this Act or the regulations and is designated by the owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife subject to the Migratory bird damage permit, Airport-kill permit or fishing licence for nuisance seal that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(5)The wildlife that may be hunted, trapped, snared, removed or relocated under section (4) consists of American crow, beaver, black rat, brown-headed cowbird, common grackle, deer mouse, double-crested cormorant, eastern chipmunk, eastern coyote, eastern flying squirrel, European starling, grey squirrel, groundhog, house mouse, house sparrow, long-tailed weasel, meadow jumping mouse, meadow vole, mink, muskrat, northern flying squirrel, Norway rat, porcupine, raccoon, red fox, red squirrel, red-backed vole, red-winged blackbird, rock dove, rock vole, short-tailed weasel, star-nosed mole, striped skunk, varying hare or woodland-jumping mouse.
34(6)A person may apply in person or in writing to the Minister for written authorization to hunt, trap, snare, remove or relocate any wildlife referred to in subsection (5), or any other wildlife, that may cause damage to private property or injury to owners of private property or owners or occupants of private land.
34(7)Notwithstanding subsections (2) and (3), the Minister, if satisfied that the hunting, trapping, snaring, removal or relocation of wildlife proposed under subsection (6) is necessary for the prevention of damage to private property or injury to owners of private property or owners or occupants of private land, may give written authorization to the applicant, authorizing the applicant to hunt, trap, snare, remove or relocate the wildlife, in accordance with the regulations and with the terms and conditions set out in the written authorization.
1986, c.38, s.1; 1989, c.11, s.5; 1991, c.43, s.5; 1997, c.1, s.7; 2001, c.18, s.3; 2001, c.28, s.6; 2008, c.49, s.8; 2011, c.20, s.15; 2012, c.35, s.1
Hunting and fishing offences
34(1)In this section
“private land” means all land within the Province, excepting
(a) Crown Lands, and
(b) any other land that is under the administration and control of a department, as defined in section 1 of the Financial Administration Act, or a Crown Corporation or other agency of the Province, including any water upon or under the surface of such land.
34(2)Every person commits an offence who
(a) hunts wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations,
(b) hunts beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations; or
(c) angles for any fish unless
(i) authorized by licence issued under this Act or the regulations, or
(ii) authorized by a fishing licence issued by the Province of Quebec and fishes in accordance with the terms and conditions of that licence and within the boundary waters of the Restigouche and Patapedia rivers.
34(2.1)If there is any inconsistency or conflict between the terms and conditions of the fishing licence referred to in subparagraph (2)(c)(ii) and any provision of this Act or the regulations, the terms and conditions of that licence prevail to the extent of the inconsistency or conflict.
34(3)Every person commits an offence who
(a) traps or snares wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, unless authorized by licence issued under this Act or the regulations, or
(b) traps or snares beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations.
34(4)Notwithstanding subsections (2) and (3), the owner or occupant of private land, or a person who would be entitled to hold a licence issued under this Act or the regulations and is designated by an owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife listed in subsection (5) that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(4.1)Despite subsections (2) and (3), the owner or occupant of private land who is a holder of a Migratory bird damage permit or an Airport-kill permit, issued under the Migratory Birds Regulations under the Migratory Birds Convention Act, 1994 (Canada), or who is a holder of a fishing licence for nuisance seal issued under the Marine Mammal Regulations under the Fisheries Act (Canada), or who would be entitled to hold a licence issued under this Act or the regulations and is designated by the owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife subject to the Migratory bird damage permit, Airport-kill permit or fishing licence for nuisance seal that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(5)The wildlife that may be hunted, trapped, snared, removed or relocated under section (4) consists of American crow, beaver, black rat, brown-headed cowbird, common grackle, deer mouse, double-crested cormorant, eastern chipmunk, eastern coyote, eastern flying squirrel, European starling, grey squirrel, groundhog, house mouse, house sparrow, long-tailed weasel, meadow jumping mouse, meadow vole, mink, muskrat, northern flying squirrel, Norway rat, porcupine, raccoon, red fox, red squirrel, red-backed vole, red-winged blackbird, rock dove, rock vole, short-tailed weasel, star-nosed mole, striped skunk, varying hare or woodland-jumping mouse.
34(6)A person may apply in person or in writing to the Minister for written authorization to hunt, trap, snare, remove or relocate any wildlife referred to in subsection (5), or any other wildlife, that may cause damage to private property or injury to owners of private property or owners or occupants of private land.
34(7)Notwithstanding subsections (2) and (3), the Minister, if satisfied that the hunting, trapping, snaring, removal or relocation of wildlife proposed under subsection (6) is necessary for the prevention of damage to private property or injury to owners of private property or owners or occupants of private land, may give written authorization to the applicant, authorizing the applicant to hunt, trap, snare, remove or relocate the wildlife, in accordance with the regulations and with the terms and conditions set out in the written authorization.
1986, c.38, s.1; 1989, c.11, s.5; 1991, c.43, s.5; 1997, c.1, s.7; 2001, c.18, s.3; 2001, c.28, s.6; 2008, c.49, s.8; 2011, c.20, s.15; 2012, c.35, s.1
Hunting and fishing offences
34(1)In this section
“private land” means all land within the Province, excepting
(a) Crown Lands, and
(b) any other land that is under the administration and control of a department, as defined in section 1 of the Financial Administration Act, or a Crown Corporation or other agency of the Province, including any water upon or under the surface of such land.
34(2)Every person commits an offence who
(a) hunts wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations,
(b) hunts beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations; or
(c) angles for any fish unless
(i) authorized by licence issued under this Act or the regulations, or
(ii) authorized by a fishing licence issued by the Province of Quebec and fishes in accordance with the terms and conditions of that licence and within the boundary waters of the Restigouche and Patapedia rivers.
34(2.1)If there is any inconsistency or conflict between the terms and conditions of the fishing licence referred to in subparagraph (2)(c)(ii) and any provision of this Act or the regulations, the terms and conditions of that licence prevail to the extent of the inconsistency or conflict.
34(3)Every person commits an offence who
(a) traps or snares wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, unless authorized by licence issued under this Act or the regulations, or
(b) traps or snares beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations.
34(4)Notwithstanding subsections (2) and (3), the owner or occupant of private land, or a person who would be entitled to hold a licence issued under this Act or the regulations and is designated by an owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife listed in subsection (5) that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(5)The wildlife that may be hunted, trapped, snared, removed or relocated under section (4) consists of American crow, beaver, black rat, brown-headed cowbird, common grackle, deer mouse, double-crested cormorant, eastern chipmunk, eastern coyote, eastern flying squirrel, European starling, grey squirrel, groundhog, house mouse, house sparrow, little brown bat, long-eared bat of the species Myotis septentrionalis, long-tailed weasel, meadow jumping mouse, meadow vole, mink, muskrat, northern flying squirrel, Norway rat, porcupine, raccoon, red fox, red squirrel, red-backed vole, red-winged blackbird, rock dove, rock vole, short-tailed weasel, star-nosed mole, striped skunk, varying hare or woodland-jumping mouse.
34(6)A person may apply in person or in writing to the Minister for written authorization to hunt, trap, snare, remove or relocate any wildlife referred to in subsection (5), or any other wildlife, that may cause damage to private property or injury to owners of private property or owners or occupants of private land.
34(7)Notwithstanding subsections (2) and (3), the Minister, if satisfied that the hunting, trapping, snaring, removal or relocation of wildlife proposed under subsection (6) is necessary for the prevention of damage to private property or injury to owners of private property or owners or occupants of private land, may give written authorization to the applicant, authorizing the applicant to hunt, trap, snare, remove or relocate the wildlife, in accordance with the regulations and with the terms and conditions set out in the written authorization.
1986, c.38, s.1; 1989, c.11, s.5; 1991, c.43, s.5; 1997, c.1, s.7; 2001, c.18, s.3; 2001, c.28, s.6; 2008, c.49, s.8; 2011, c.20, s.15
Hunting and fishing offences
34(1)In this section
“private land” means all land within the Province, excepting
(a) Crown Lands, and
(b) any other land that is under the administration and control of a department, as defined in subsection 1(1) of the Financial Administration Act, or a Crown Corporation or other agency of the Province, including any water upon or under the surface of such land.
34(2)Every person commits an offence who
(a) hunts wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations,
(b) hunts beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations; or
(c) angles for any fish unless
(i) authorized by licence issued under this Act or the regulations, or
(ii) authorized by a fishing licence issued by the Province of Quebec and fishes in accordance with the terms and conditions of that licence and within the boundary waters of the Restigouche and Patapedia rivers.
34(2.1)If there is any inconsistency or conflict between the terms and conditions of the fishing licence referred to in subparagraph (2)(c)(ii) and any provision of this Act or the regulations, the terms and conditions of that licence prevail to the extent of the inconsistency or conflict.
34(3)Every person commits an offence who
(a) traps or snares wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, unless authorized by licence issued under this Act or the regulations, or
(b) traps or snares beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations.
34(4)Notwithstanding subsections (2) and (3), the owner or occupant of private land, or a person who would be entitled to hold a licence issued under this Act or the regulations and is designated by an owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife listed in subsection (5) that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(5)The wildlife that may be hunted, trapped, snared, removed or relocated under section (4) consists of American crow, beaver, black rat, brown-headed cowbird, common grackle, deer mouse, double-crested cormorant, eastern chipmunk, eastern coyote, eastern flying squirrel, European starling, grey squirrel, groundhog, house mouse, house sparrow, little brown bat, long-eared bat of the species Myotis septentrionalis, long-tailed weasel, meadow jumping mouse, meadow vole, mink, muskrat, northern flying squirrel, Norway rat, porcupine, raccoon, red fox, red squirrel, red-backed vole, red-winged blackbird, rock dove, rock vole, short-tailed weasel, star-nosed mole, striped skunk, varying hare or woodland-jumping mouse.
34(6)A person may apply in person or in writing to the Minister for written authorization to hunt, trap, snare, remove or relocate any wildlife referred to in subsection (5), or any other wildlife, that may cause damage to private property or injury to owners of private property or owners or occupants of private land.
34(7)Notwithstanding subsections (2) and (3), the Minister, if satisfied that the hunting, trapping, snaring, removal or relocation of wildlife proposed under subsection (6) is necessary for the prevention of damage to private property or injury to owners of private property or owners or occupants of private land, may give written authorization to the applicant, authorizing the applicant to hunt, trap, snare, remove or relocate the wildlife, in accordance with the regulations and with the terms and conditions set out in the written authorization.
1986, c.38, s.1; 1989, c.11, s.5; 1991, c.43, s.5; 1997, c.1, s.7; 2001, c.18, s.3; 2001, c.28, s.6; 2008, c.49, s.8
Hunting and fishing offences
34(1)In this section
“private land” means all land within the Province, excepting
(a) Crown Lands, and
(b) any other land that is under the administration and control of a department, as defined in subsection 1(1) of the Financial Administration Act, or a Crown Corporation or other agency of the Province, including any water upon or under the surface of such land.
34(2)Every person commits an offence who
(a) hunts wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, or angles for any fish, unless authorized by licence issued under this Act or the regulations, or
(b) hunts beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations.
34(3)Every person commits an offence who
(a) traps or snares wildlife, other than beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, unless authorized by licence issued under this Act or the regulations, or
(b) traps or snares beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox unless authorized by licence issued under this Act or the regulations.
34(4)Notwithstanding subsections (2) and (3), the owner or occupant of private land, or a person who would be entitled to hold a licence issued under this Act or the regulations and is designated by an owner or occupant of private land may, in accordance with the regulations, hunt, on any day and at any time, except during the night, or trap, snare, remove or relocate on any day and at any time any wildlife listed in subsection (5) that is found under, on or above that private land, where necessary for the prevention of
(a) damage to private property, or
(b) injury to owners of private property or owners or occupants of private land.
34(5)The wildlife that may be hunted, trapped, snared, removed or relocated under section (4) consists of American crow, beaver, black rat, brown-headed cowbird, common grackle, deer mouse, double-crested cormorant, eastern chipmunk, eastern coyote, eastern flying squirrel, European starling, grey squirrel, groundhog, house mouse, house sparrow, little brown bat, long-eared bat of the species Myotis septentrionalis, long-tailed weasel, meadow jumping mouse, meadow vole, mink, muskrat, northern flying squirrel, Norway rat, porcupine, raccoon, red fox, red squirrel, red-backed vole, red-winged blackbird, rock dove, rock vole, short-tailed weasel, star-nosed mole, striped skunk, varying hare or woodland-jumping mouse.
34(6)A person may apply in person or in writing to the Minister for written authorization to hunt, trap, snare, remove or relocate any wildlife referred to in subsection (5), or any other wildlife, that may cause damage to private property or injury to owners of private property or owners or occupants of private land.
34(7)Notwithstanding subsections (2) and (3), the Minister, if satisfied that the hunting, trapping, snaring, removal or relocation of wildlife proposed under subsection (6) is necessary for the prevention of damage to private property or injury to owners of private property or owners or occupants of private land, may give written authorization to the applicant, authorizing the applicant to hunt, trap, snare, remove or relocate the wildlife, in accordance with the regulations and with the terms and conditions set out in the written authorization.
1986, c.38, s.1; 1989, c.11, s.5; 1991, c.43, s.5; 1997, c.1, s.7; 2001, c.18, s.3; 2001, c.28, s.6