<<SR_PageTitle>>

Regulation number	Title
F-14.1	Fish and Wildlife Act

Under section 118 of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:

2004-77

Citation

1This Regulation may be cited as the Wildlife Trust Fund and Wildlife Council Regulation - Fish and Wildlife Act.

2004-77

Definitions

2In this Regulation

“Act” means the Fish and Wildlife Act; (Loi)

“Council” means the Wildlife Council established under section 6; (Conseil)

“Fund” means the Wildlife Trust Fund established under section 3. (Fonds)

2004-77

Establishment of the Fund

3There is hereby established a fund to be known as the Wildlife Trust Fund.

Management and revenue sources of the Fund

4(1)The Minister shall be the custodian and trustee of the Fund.

4(2)The Fund shall be held for the purposes of this Regulation in a separate account in the Consolidated Fund.

4(3)All interest arising from the Fund shall be paid into and form part of the Fund.

4(4)The following shall be paid into the Fund:

(a) conservation fees, including a fish stocking conservation fee, paid under the Act or the regulations;

(b) revenue derived from fund-raising and the sale of promotional, educational or other materials or goods or services that contribute to raising public awareness concerning fish, wildlife, their habitats or the existence and purposes of the Fund;

(c) subject to subsection 4(5), money acquired by gift, donation, bequest or contribution;

(d) money received by the Province under penalty clauses included in contracts entered into by the Province to protect the environment in areas where construction could have a detrimental effect on the health or habitat of fish or wildlife;

(e) money referred to in paragraph 105.1(2) of the Act;

(f) fees referred to in subsection 13(6) of New Brunswick Regulation 83-42 under the Motor Vehicle Act;

(g) revenue from fines and fixed penalties collected in respect of offences under the Species at Risk Act, excluding any surcharge payable under the Victims Services Act and any administrative fee referred to in paragraph 14(5)(d) of the Provincial Offences Procedure Act; and

(h) financial compensation provided as required by a condition of a permit referred to in paragraph 36(c) of the Species at Risk Act.

4(5)No money derived from a gift, donation, bequest or contribution shall be paid into the Fund if any term or condition imposed on the gift, donation, bequest or contribution by the person making the gift, donation, bequest or contribution is inconsistent with the purposes set out in section 5.

4(6)The use of all money derived from a gift, donation, bequest or contribution and paid into the Fund is subject to any term or condition imposed by the person making the gift, donation, bequest or contribution.

2004-150; 2013-40

Payments out of the Fund

5Subject to section 5.1, the Minister may make payments out of the Fund for the following purposes:

(a) the conservation, protection or enhancement of the biological diversity of fish, wildlife or their habitats;

(b) the provision of financing to the Province or a conservation group for the acquisition or management of land to be used for the conservation, protection or enhancement of populations of fish, populations of wildlife or the habitat of fish or wildlife;

(c) the furtherance of public awareness concerning fish, wildlife, their habitats or the existence and purposes of the Fund by way of promotional, educational or other programs;

(d) the furtherance of research related to the conservation, protection or enhancement of populations of fish, populations of wildlife or the habitat of fish or wildlife;

(e) the provision of financing for not more than seventy-five per cent of the estimated costs of a project undertaken for the purpose of the conservation, protection or enhancement of populations of fish, populations of wildlife or the habitat of fish or wildlife;

(e.1) the provision of financing for fish stocking by the Province;

(f) in accordance with the Travel Directive of the Treasury Board, the reimbursement of travelling and other expenses incurred by members of the Council in the performance of their duties; and

(g) the provision of services and supplies necessary to manage the Fund and carry out the purposes set out in paragraphs (a) to (f).

2004-150; 2016, c.37, s.76

5.1The payments out of the Fund for the purpose set out in paragraph 5(e.1) shall not exceed an amount that represents the fees paid into the Fund for that purpose.

2004-150

Establishment and composition of the Council

6There is hereby established a council to be known as the Wildlife Council, consisting of seventeen members appointed by the Minister to represent the broad spectrum of conservation interests in the Province.

Duties and responsibilities of the Council

7The Council shall, except in relation to the purpose set out in paragraph 5(e.1),

(a) provide advice and make recommendations to the Minister on matters relating to the conservation, protection or enhancement of populations of fish, populations of wildlife or the habitat of fish or wildlife,

(b) seek funding for the Fund, and

(c) make recommendations to the Minister for payment out of the Fund for any of the purposes set out in section 5.

2004-150

Terms of office and appointments

8(1)The members of the Council shall be appointed for a term not exceeding three years.

8(2)A member of the Council whose term of office has expired is not eligible for appointment for another term until one year has elapsed after the expiration of the member’s term of office.

8(3)A member of the Council shall remain in office, notwithstanding the expiration of the member’s term, until the member resigns or a successor is appointed, whichever occurs first.

8(4)The Minister shall designate a Chairperson from among the members of the Council.

8(5)The members of the Council shall designate from among themselves a Vice-Chairperson who, in the absence or inability to act of the Chairperson, shall act as Chairperson.

Remuneration and reimbursement of expenses

9The members of the Council shall not receive any remuneration, but are entitled to be reimbursed, in accordance with the Travel Directive of the Treasury Board, for travelling and other expenses incurred by them in the performance of their duties.

2016, c.37, s.76

Quorum

10Nine members of the Council shall constitute a quorum.

Rules of procedure of the Council

11The Council may establish its own rules of procedure insofar as the rules are consistent with this Regulation.

Commencement

12(1)Subject to subsection (2), this Regulation shall be deemed to have come into force on January 16, 1997.

12(2)Subsection 8(2) of this Regulation comes into force on March 1, 2002.

N.B. This Regulation is consolidated to December 16, 2016.

2002-6 - Wildlife Trust Fund and Wildlife Council

Copy to Clipboard