Acts and Regulations

97-141 - Nuisance Wildlife Control

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 97-141
under the
Fish and Wildlife Act
(O.C. 97-987)
Filed December 19, 1997
Under section 118 of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:
2004-81
Citation
1This Regulation may be cited as the Nuisance Wildlife Control Regulation - Fish and Wildlife Act.
2004-81
Definitions
2In this Regulation
“Act” means the Fish and Wildlife Act;(Loi)
“nuisance wildlife” means any wildlife referred to in subsection 34(5) of the Act;(animal de la faune nuisible)
“nuisance wildlife control enterprise” means an enterprise operated by a person who, while acting as the designate of another person under subsection 34(4) of the Act and while operating the enterprise hunts, traps, snares, removes or relocates nuisance wildlife in exchange, directly or indirectly, for consideration or the promise of consideration;(organisme de contrôle des animaux de la faune nuisibles)
“operator’s licence” means a valid and subsisting nuisance wildlife control operator’s licence issued under subsection 5(1), whether original or renewed;(permis d’agent)
“suspended operator’s licence” means an operator’s licence that is under suspension under this Regulation;(permis d’agent suspendu)
“wildlife management zone” means a wildlife management zone established under the Hunting Regulation - Fish and Wildlife Act.(zone d’aménagement pour la faune)
2004-81
Requirement for operator’s licence
3No person shall operate a nuisance wildlife control enterprise, or hunt, trap, snare, remove or relocate nuisance wildlife as the employee of a nuisance wildlife control enterprise, unless the person is the holder of an operator’s licence.
Application for operator’s licence
4A person may apply to the Minister for an operator’s licence by delivering to the Fish and Wildlife Branch of the Department in Fredericton an application on a form provided by the Minister, accompanied by the prescribed fee and any other documentation or information required by the Minister.
2004, c.20, s.29
Issuance of operator’s licence
5(1)The Minister may issue a nuisance wildlife control operator’s licence to an applicant if the applicant
(a) is at least sixteen years of age,
(b) provides proof satisfactory to the Minister that the applicant has successfully completed a firearm safety course approved by the Minister,
(c) provides proof satisfactory to the Minister that the applicant has successfully completed a trapper education course approved by the Minister,
(d) provides proof satisfactory to the Minister that the applicant has successfully completed a nuisance wildlife control operator’s course approved by the Minister,
(e) is not currently disentitled from obtaining a licence or permit under the Act,
(f) is not currently under suspension under subsection 8(1),
(g) has provided the Minister with the prescribed fee and all documentation and information required under section 4, and
(h) has satisfied all of the other requirements, terms and conditions of the Act and the regulations.
5(2)The Minister may impose any terms and conditions in relation to the issuance or the holding of an operator’s licence that the Minister considers appropriate.
5(3)The holder of an operator’s licence shall not contravene or fail to comply with any terms or conditions in relation to the issuance or holding of the licence.
2004-24
Expiration of operator’s licence
6An operator’s licence expires at midnight on the thirty-first day of December of the year of issue.
Transfer of operator’s licence
7An operator’s licence is not transferable.
Suspension of operator’s licence
8(1)The Minister may suspend an operator’s licence for the period the Minister considers appropriate if
(a) the holder of the operator’s licence is convicted of an offence under the Criminal Code (Canada) involving cruelty to animals,
(b) the holder of the operator’s licence is convicted of any offence under the Act or the regulations, or
(c) the Minister reasonably believes that the holder of the operator’s licence has ceased to fulfil any of the requirements for an operator’s licence set out in subsection 5(1) or any terms and conditions imposed by the Minister in relation to the licence under this Regulation.
8(2)The Minister shall give notice of the suspension to the Director of Fish and Wildlife Law Enforcement, who shall cause a copy of the notice to be served on the person whose operator’s licence is suspended.
8(3)The Minister may impose any terms and conditions in relation to the reinstatement of a suspended operator’s licence that the Minister considers appropriate.
Reinstatement of operator’s licence
9The Minister may reinstate a suspended operator’s licence, subject to such terms and conditions as the Minister considers appropriate, if
(a) the person whose licence is suspended has fulfilled any terms and conditions imposed by the Minister at the time of suspension,
(b) the person meets all of the requirements for an operator’s licence set out in subsection 5(1), and
(c) the person has not again become qualified for suspension under subsection 8(1) in the period following suspension.
Renewal of operator’s licence
10(1)The holder of an operator’s licence may apply to the Minister for renewal of the licence.
10(2)Subject to subsection (3), sections 4 and 5 apply with the necessary modifications to an application for renewal of an operator’s licence.
10(3)The Minister shall not renew the operator’s licence of a person who has not complied with subsection 11(2).
Records
11(1)The holder of an operator’s licence shall keep complete and accurate records, on a form provided by the Minister, showing, in relation to each individual of nuisance wildlife taken by the holder, or otherwise as directed by the Minister,
(a) the species of each,
(b) the date on which each was taken,
(c) the name and residential address of the person for whom the holder was acting as a designate when taking the wildlife,
(d) the nature of the damage or injury that gave rise to the taking,
(e) the manner by which the matter was resolved,
(f) the number of the wildlife management zone in which the taking occurred,
(g) the method used by the holder to dispose of or release any nuisance wildlife and the number of the wildlife management zone in which the disposal or release took place, and
(h) any other documentation or information required by the Minister.
11(2)A person required to keep records under subsection (1) shall deliver to the Director of Fish and Wildlife the complete and accurate originals of the records for each year, no later than the earlier occurring of
(a) the fourteenth day of January of the following year, and
(b) the making of an application by the holder for the renewal of the operator’s licence valid during the subsequent year.
11(3)A person required to keep records under subsection (1) shall retain copies of the records for a period of one year after the year to which they relate and shall make them available for inspection by a conservation officer or assistant conservation officer at all reasonable times upon request.
11(4)No person shall falsify, render misleading or unlawfully alter, deface, destroy, erase or obliterate any of the records or copies of records required to be kept or delivered under this section.
2004-81
Production of operator’s licence
12The holder of an operator’s licence shall produce the operator’s licence for inspection upon the request of a person desiring the services of a nuisance wildlife control enterprise.
Checking of traps and snares
13Notwithstanding subsection 4(4.1) of the Fur Harvesting Regulation - Fish and Wildlife Act, the holder of an operator’s licence shall ensure that every trap and snare set or placed by the holder is checked at least once every twenty-four hours after it is set or placed and shall ensure that any wildlife taken by it is removed from it immediately.
2004-81
Cold storage permit
13.1When a holder of an operator’s licence kills a fur bearing animal, the Minister may issue to him or her, within the seventy-two hours after the killing of the fur bearing animal, a permit authorizing the holder of the operator’s licence to have possession of or to keep in cold storage the green hide or pelt or carcass, or any part of the carcass, of a fur bearing animal.
2004-24
Fees
14The fees payable under this Regulation are as follows:
(a) for the issuance or renewal of a nuisance wildlife control operator’s licence..............$75.00
(b) for  a   nuisance   wildlife   control   operator’s course.............. $100.00
2004-24; 2011-29
Repealed
15Repealed: 2014-124
2014-124
Commencement
16This Regulation comes into force on January 1, 1998.
N.B. This Regulation is consolidated to August 12, 2014.