Acts and Regulations

2014-149 - Provincial Offences Procedure Act

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NEW BRUNSWICK
REGULATION 2014-149
under the
Provincial Offences Procedure Act
(O.C. 2014-378)
Filed August 18, 2014
1Section 3 of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended
(a) in subsection (1)
(i) in paragraph (a.051) by striking out “or 71.5(2)(a) or (b)” and substituting “, paragraph 71.5(2)(a) or (b) or paragraph 80(1)(d)”;
(ii) in paragraph (a.06) by striking out “paragraph 42(1)(a), (b) or (c), paragraph 43(1)(b) or (d), subsection 45(1)” and substituting “subsection 42(1), paragraph 43(1)(b) or (d), paragraph 43.1(b), paragraph 43.2(c) or (d), subsection 45(1) or subsection 48(1)”;
(iii) in paragraph (a.08) by striking out “paragraph 21.3(1)(b) or 21.3(3)(b)” and substituting “paragraph 21.3(1)(b) or 21.3(3)(b) or section 23.1”;
(iv) in paragraph (a.09) by striking out “subsection 17(2) or (3),” and substituting “subsection 17(2) or (3), subsection 17.1(1),”;
(v) in paragraph (f) by striking out “and” at the end of the paragraph;
(vi) by repealing paragraph (f.1) and substituting the following:
(f.1) an offence under subsection 2(1), subsection 3(1) or (2) or subsection 3.1(1) of the Transportation of Primary Forest Products Act;
(vii) by adding after paragraph (f.1) the following:
(g) an offence under paragraph 3(1)(a) or 3(2)(a), subsection 3.1(1) or paragraph 6(1.1)(a) or (b) of New Brunswick Regulation 2002-37 under the Transportation of Primary Forest Products Act; and
(h) an offence under paragraph 5(1)(c) or (e) of the Trespass Act.
(b) in subsection (2)
(i) in paragraph (f.1) of the English version by striking out “and” at the end of the paragraph;
(ii) by repealing paragraph (g) and substituting the following:
(g) in respect of prescribed offences specified in paragraphs (1)(f.1) and (g), peace officers as defined in the Transportation of Primary Forest Products Act; and
(iii) by adding after paragraph (g) the following:
(h) in respect of prescribed offences specified in paragraph (1)(h), peace officers as defined in the Trespass Act.
2Schedule A of the Regulation is amended
(a) in the portion for the Crown Lands and Forests Act by adding after
71.5(2)(b)
damaging (or defacing or removing) a sign or notice
the following:
80(1)(d)
preventing passage on a forest or logging road by leaving a vehicle (or any equipment) unattended
(b) in the portion for the Fish and Wildlife Act
(i) by adding after
42(1)(c)
having a firearm on a weekly day of rest
the following:
42(1)(d)
transporting a firearm on private land and not acting in accordance with subsections 34(4) and 34(4.1)
(ii) by adding after
43(1)(d)
loaded firearm in (or on) a vehicle
the following:
43.1(b)
possessing a crossbow without a mechanical trigger safety device
43.2(c)
hunting moose (or deer or bear) with a bow charged with a non-permitted projectile
43.2(d)
hunting moose (or deer or bear) with a crossbow charged with a non-permitted projectile
(iii) by adding after
45(1)
hunting (or trapping or snaring) wildlife in a wildlife refuge
the following:
48(1)
allowing a dog to run at large in a resort of wildlife
(c) in the portion for New Brunswick Regulation 84-133 under the Fish and Wildlife Act, by adding after
21.3(3)(b)
transporting a bear without the person who killed it
the following:
23.1
hunting with a bow (or a crossbow) while not being in possession of a valid hunting licence
(d) in the portion for New Brunswick Regulation 94-47 under the Fish and Wildlife Act, by adding after
17(3)
non-resident failing to properly affix a tag to a moose
the following:
17.1(1)
failing, while hunting, to remain within visual (or auditory) contact of the resident (or the designated resident) moose licence holder
(e) in the portion for the Transportation of Primary Forest Products Act,
(i) by adding before
3(1)
failing to produce required documentation
the following:
2(1)
failing to possess an accurately completed transportation certificate
(ii) by adding after
3(1)
failing to produce required documentation
the following:
3(2)
failing to deliver an accurately completed transportation certificate
3.1(1)
accepting delivery of primary forest products without receiving an accurately completed transportation certificate
(f) by adding after the portion for the Transportation of Primary Forest Products Act the following:
New Brunswick Regulation 2002-37 under the
Transportation of Primary Forest Products Act
Provision
Violated
Prescribed Wording
3(1)(a)
possessing an inaccurately completed transportation certificate: unladen mass 2 500 kg or greater
3(2)(a)
possessing an inaccurately completed transportation certificate: unladen mass less than 2 500 kg
3.1(1)
failing to keep the transportation certificate in the document holder on the exterior of vehicle
6(1.1)(a)
failing to remit a completed book of transportation certificates within the required time
6(1.1)(b)
failing to remit an incomplete book of transportation certificates within the required time
Trespass Act
Provision
violated
Prescribed Wording
5(1)(c)
trespassing with a motor vehicle in a watercourse
5(1)(e)
trespassing with a motor vehicle in an ocean shore area