Acts and Regulations

2004-57 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2004-57
under the
Protected Natural Areas Act
(O.C. 2004-200)
Filed May 31, 2004
Under section 35 and subsection 17(2) of the Protected Natural Areas Act, the Lieutenant-Governor in Council on the recommendation of the Minister, or the Minister with the approval of the Lieutenant-Governor in Council, as the case may be, makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Protected Natural Areas Act.
Definition of “Act”
2In this Regulation “Act” means the Protected Natural Areas Act.
Emergency service provider
3For the purposes of the definition “emergency service provider” in section 1 of the Act, the following are designated as emergency service providers:
(a) the Emergency Measures Organization as defined in the Emergency Measures Act; and
(b) anyone carrying out activities to ensure public safety, the protection of public health, the protection of property or the protection of the environment during an emergency as defined in the Emergency Measures Act.
Consultations concerning a protected natural area
4(1)Where the Minister undertakes consultations for the purposes of paragraph 5(3)(b) or 6(3)(b) of the Act, the Minister shall publish a notice of a public hearing at least once
(a) in all daily newspapers having general circulation in the Province, and
(b) in a daily or weekly newspaper, if any, published in the county or counties where the protected natural area is to be established or abolished.
4(2)The notice shall be published not less than 21 days, and not more than 31 days, before the public hearing and shall contain
(a) in the case of the establishment of a protected natural area,
(i) a copy of the description or plan of the area where the Minister anticipates establishing the protected natural area,
(ii) the anticipated class of the protected natural area,
(iii) the time, date and location of the public hearing,
(iv) the hours and location where any person may consult the copy of the description or plan referred to in subparagraph (i) before the public hearing,
(v) the name and address of the person to whom a written objection to the establishment of the protected natural area may be made at any time within 10 days after the holding of the public hearing, and
(vi) any other information the Minister considers appropriate in the circumstances,
(b) in the case of the abolishment of a protected natural area,
(i) a copy of the description or plan of the area where the protected natural area is situated,
(ii) the class of the protected natural area,
(iii) the time, date and location of the public hearing,
(iv) the hours and location where any person may consult the copy of the description or plan referred to in subparagraph (i) before the public hearing,
(v) the name and address of the person to whom a written objection to the abolishment of the protected natural area may be made at any time within 10 days after the holding of the public hearing, and
(vi) any other information the Minister considers appropriate in the circumstances.
Activities within a Class I Protected Natural Area
5A person may enter a Class I Protected Natural Area for the purpose of pursuing and removing wounded fauna.
Activities within a Class II Protected Natural Area
6Within a Class II Protected Natural Area, a person may carry on any of the following activities:
(a) guiding;
(b) outfitting;
(c) ecotourism;
(d) trapping;
(e) snaring;
(f) starting and maintaining a camp fire;
(g) bicycling, but only on an access road or on a recreational road where that activity is permitted;
(h) subject to paragraph (i), possessing and using a domestic animal;
(i) riding a horse, donkey, mule or llama, or using any such animal as a draught or pack animal, but only on an access road or on a recreational road where those activities are permitted;
(j) dog sledding, but only on an access road or on a recreational road where that activity is permitted;
(k) operating a motor vehicle, but only on an access road or on a recreational road where that activity is permitted and where that type of motor vehicle is permitted;
(l) gathering fiddleheads, nuts, berries or mushrooms, if gathering for non-commercial food purposes;
(m) camping, if a tent is used;
(n) fishing, if
(i) the fishing is recreational and non-commercial in nature, and
(ii) in the case of winter ice fishing, no structures are used other than a winter ice fish shack or shelter and the winter ice fish shack or shelter is removed from the protected natural area at the end of winter ice fishing season;
(o) hunting;
(p) in preparing to hunt waterfowl, constructing or camouflaging
(i) waterfowl hunting blinds by using manufactured products such as processed wood, netting or wire, plastic or nylon mesh or processed burlap or by using cut bushes, shrubs, tree branches and non-woody flora, if the cutting is performed in the immediate vicinity of where the blind is to be located, or
(ii) hunting stands by using manufactured products such as processed wood, netting or wire, plastic or nylon mesh or processed burlap or by using cut tree branches;
(q) in preparing to hunt for game other than waterfowl, constructing or camouflaging hunting stands using manufactured products such as processed wood, netting or wire, plastic or nylon mesh or processed burlap or by using cut tree branches; and
(r) in preparing to hunt bear or in the course of hunting bear,
(i) placing bear bait in the protected natural area, if the bait is placed no earlier than 2 weeks before the start of the applicable season; and
(ii) placing any container used for bear bait, if the container is placed in the protected natural area during the period that is 2 weeks before the start of the applicable season or during the applicable season and is removed within the period that is 2 weeks after the end of the applicable season.
Activities prohibited within a Class II Protected Natural Area
7No person shall introduce any flora into a Class II Protected Natural Area for use in the construction or camouflage of a hunting blind or hunting stand.
Activities on recreational roads within a Class II Protected Natural Area
8(1)The following definitions apply in this section.
“all-terrain vehicle” means an off-road vehicle, other than a snowmobile, that(véhicule tout-terrain)
(a) operates or travels on 3 or more tires or has been adapted to operate on 4 tracks,
(b) has a seat designed to be straddled by the operator of the vehicle, and
(c) has handlebars for steering the vehicle.
“off-road vehicle” means any motor vehicle designed or adapted for off-road use, but does not include any vehicle which is designed for use and is being used in agriculture, forestry, mining or construction. (véhicule hors route)
8(2)The following categories of recreational roads within a Class II Protected Natural Area are prescribed for the purposes of subsection 17(2) of the Act:
(a) Category 1;
(b) Category 2;
(c) Category 3;
(d) Category 4;
(e) Category 5;
(f) Category 6;
(g) Category 7; and
(h) Category 8.
8(3)Notwithstanding section 6, only the following activities are permitted on the categories of recreational roads prescribed by subsection (2):
(a) Category 1: walking, hiking, skiing or snowshoeing;
(b) Category 2: walking, hiking, bicycling, skiing, snowshoeing or dog sledding;
(c) Category 3: riding a horse, donkey, mule or llama, or using any such animal as a draught or pack animal;
(d) Category 4: the activities referred to in paragraphs (a), (b) and (c);
(e) Category 5: operating a snowmobile;
(f) Category 6: operating an all-terrain vehicle;
(g) Category 7: operating a motor vehicle, other than an off-road vehicle; and
(h) Category 8: the activities referred to in paragraphs (e), (f) and (g).
2020, c.16, s.11
Fees relating to permits
9(1)Subject to subsection (2), the fee payable for a permit application, reinstatement, extension, renewal or amendment under section 15 of the Act is $25.00.
9(2)No fee is payable in respect of an application, reinstatement, extension, renewal or amendment for a permit to carry on educational activities.
Posting or placement of notices
10A notice in writing referred to in subsection 18(1) of the Act shall be posted or placed in the following manner:
(a) in the case of a closure of a protected natural area or portion of a protected natural area,
(i) in conspicuous locations in the immediate vicinity of the area to which the closure applies,
(ii) at intervals not exceeding 100 m along the boundary of the area to which the closure applies,
(iii) at the beginning, middle and end points of all access roads or recreational roads in the area to which the closure applies; and
(b) in the case of the closure of an access road or recreational road or part of an access road or recreational road, at the beginning, middle and end points of the access road or recreational road or part of the access road or recreational road that is closed.
Interests and agreements
11The following interests and agreements are prescribed for the purposes of paragraph 22(i) and (j) of the Act:
(a) The Order of Approval made by the International Joint Commission with respect to the application made by St. Croix Paper Company for the approval of the construction of a storage dam in the St. Croix River at Vanceboro, Maine and St. Croix, New Brunswick, signed on October 15, 1965;
(b) The Order Issuing Licence made by the United States of America Federal Power Commission with respect to the application by St. Croix Paper Company for a licence under Section 4(e) of the Federal Power Act for proposed Project No. 2492 known as the Vanceboro project on the St. Croix River, signed on April 4, 1966;
(c) The Agreement, and renewals of the Agreement, with respect to the Musquash Watershed Management Area entered into between Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Natural Resources and The City of Saint John, signed on January 1, 1978;
(d) The Memorandum of Understanding entered into between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. Croix International Waterway, signed on November 17, 1986;
(e) Subsections 3(1) and 6(7) of the Coal Agreement entered into between Her Majesty the Queen in Right of the Province of New Brunswick represented by the Minister of Natural Resources and Energy and N.B. Coal Limited, signed on October 14, 1988;
(f) The Agreement Concerning the Implementation of the North American Waterfowl Management Plan Through the Eastern Habitat Joint Venture entered into between the governments of the provinces of New Brunswick, Ontario, Quebec, Nova Scotia, Prince Edward Island and Newfoundland and Ducks Unlimited Canada, the Government of Canada and Wildlife Habitat Canada, signed on November 15, 1989;
(g) The Implementation Agreement entered into between Her Majesty the Queen in Right of New Brunswick as represented by the Minister of Natural Resources and Energy and Ducks Unlimited Canada, signed on October 31, 1994;
(h) The Memorandum of Understanding for Wetland Conservation between Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Natural Resources and Energy and Ducks Unlimited Canada, signed on July 23, 1997;
(i) The authorization to occupy and use Crown Lands, and amendments to the authorization, granted by the Queen in Right of New Brunswick as represented by the Minister of Natural Resources and Energy to NB Power, concerning power lines located within the Canaan Bog Protected Natural Area, signed on November 12, 2002;
(j) The authorization to occupy and use Crown Lands, and amendments to the authorization, granted by the Queen in Right of New Brunswick as represented by the Minister of Natural Resources and Energy to NB Power, concerning power lines located within Grand Lake Meadows Protected Natural Area, signed on November 12, 2002;
(k) The authorization to occupy and use Crown Lands, and amendments to the authorization, granted by the Queen in Right of New Brunswick as represented by the Minister of Natural Resources and Energy to NB Power, concerning power lines located within the Loch Alva Protected Natural Area (II), signed on November 12, 2002; and
(l) The Memorandum of Understanding between Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Natural Resources and the New Brunswick Power Corporation, formerly known as the New Brunswick Power Transmission Corporation, signed on June 3, 2011, concerning the granting of easements for transmission lines that traverse the following Protected Natural Areas and the procedure to be followed before granting the easements:
(i) Big Falls Protected Natural Area;
(ii) East Branch Portage River Protected Natural Area;
(iii) Hay Brook Protected Natural Area;
(iv) Nashwaak River Protected Natural Area;
(v) Partridge Valley East Protected Natural Area; and
(vi) Pokiok Stream Protected Natural Area.
2015-58
Methods of analysis
12The following are prescribed as methods of analysis for the purposes of subsection 29(2) of the Act:
(a) the Wood Matching Analysis developed by the Wood Science and Technology Centre, The University of New Brunswick;
(b) the Isoelectric Focusing Analysis developed by the New Brunswick Research and Productivity Council; and
(c) DNA Genotyping Analysis developed by the New Brunswick Research and Productivity Council.
Local Advisory Committees
13(1)A Local Advisory Committee may be established for a protected natural area.
13(2)A Local Advisory Committee shall have the following duties and responsibilities:
(a) provide to the Minister community input and advice into the management and administration of the protected natural area; and
(b) any other duty or responsibility that may be assigned to it by the Minister.
13(3)A Local Advisory Committee shall consist of
(a) a minimum of 7 voting members appointed by the Minister, and
(b) two non-voting members appointed by the Minister, being representatives from the Department of Natural Resources and Energy Development.
13(4)A member of a Local Advisory Committee shall be appointed for a term not exceeding 3 years and may be reappointed.
13(5)The Minister may, at the Minister’s discretion, revoke a member’s appointment to a Local Advisory Committee.
13(6)The members of a Local Advisory Committee shall designate from among the voting members a chairperson and a vice-chairperson who shall act as chairperson in the absence or inability to act of the chairperson.
13(7)The chairperson or vice-chairperson of a Local Advisory Committee shall hold office as chairperson or vice-chairperson, as the case may be, for a term of 2 years, or until the expiry of his or her office as a member of the Local Advisory Committee, whichever occurs first.
13(8)A Local Advisory Committee shall meet at least 3 times a year.
13(9)One of the non-voting members and 2/3 of the voting members, one of whom is the chairperson or vice-chairperson, constitute a quorum.
13(10)The members of a Local Advisory Committee shall not receive remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities in accordance with the rates established by the Treasury Board for the employees of the public service.
2016, c.37, s.153; 2019, c.29, s.203
Scientific Advisory Committee
14(1)There is hereby established a committee to be known as the Scientific Advisory Committee.
14(2)The Scientific Advisory Committee shall have the following duties and responsibilities:
(a) provide to the Minister scientific input, advice and expertise on any matter relating to the classification and management of protected natural areas; and
(b) perform any other duty or responsibility that may be assigned to it by the Minister.
14(3)The Scientific Advisory Committee shall consist of
(a) a minimum of 7 voting members appointed by the Minister, and
(b) one non-voting member appointed by the Minister, being a representative from the Department of Natural Resources and Energy Development.
14(4)A member of the Scientific Advisory Committee shall be appointed for a term not exceeding 3 years and may be reappointed.
14(5)The Minister may, at the Minister’s discretion, revoke a member’s appointment to the Scientific Advisory Committee.
14(6)The members of the Scientific Advisory Committee shall designate from among the voting members a chairperson and a vice-chairperson who shall act as chairperson in the absence or inability to act of the chairperson.
14(7)The chairperson or vice-chairperson of the Scientific Advisory Committee shall hold office as chairperson or vice-chairperson, as the case may be, for a term of 2 years, or until the expiry of his or her office as a member of the Scientific Advisory Committee, whichever occurs first.
14(8)The Scientific Advisory Committee shall meet at least 2 times a year.
14(9)The non-voting member and 2/3 of the voting members, one of whom is the chairperson or vice-chairperson, constitute a quorum.
14(10)The members of the Scientific Advisory Committee shall not receive remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities in accordance with the rates established by the Treasury Board for the employees of the public service.
2016, c.37, s.153; 2019, c.29, s.203
Provincial Advisory Committee
15(1)There is hereby established a committee to be known as the Provincial Advisory Committee.
15(2)The Provincial Advisory Committee shall have the following duties and responsibilities:
(a) provide advice and input to the Minister on initiatives relating to the protection, conservation and management of protected natural areas; and
(b) perform any other duty or responsibility that may be assigned to it by the Minister.
15(3)The Provincial Advisory Committee shall consist of
(a) at least 7 voting members appointed by the Minister, and
(b) two non-voting members appointed by the Minister, being representatives of the Department of Natural Resources and Energy Development.
15(4)A member of the Provincial Advisory Committee shall be appointed for a term not exceeding 3 years and may be reappointed.
15(5)The Minister may, at the Minister’s discretion, revoke a member’s appointment to the Provincial Advisory Committee.
15(6)The members of the Provincial Advisory Committee shall designate from among the voting members a chairperson and a vice-chairperson who shall act as chairperson in the absence or inability to act of the chairperson.
15(7)The chairperson or vice-chairperson of the Provincial Advisory Committee shall hold office as chairperson or vice-chairperson, as the case may be, for a term of 2 years, or until the expiry of his or her office as a member of the Provincial Advisory Committee, whichever occurs first.
15(8)The Provincial Advisory Committee shall meet at least 3 times a year.
15(9)A non-voting member and 2/3 of the voting members, one of whom is the chairperson or vice-chairperson, constitute a quorum.
15(10)The members of the Provincial Advisory Committee shall not receive remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities in accordance with the rates established by the Treasury Board for the employees of the public service.
2016, c.37, s.153; 2019, c.29, s.203
N.B. This Regulation is consolidated to January 1, 2021.