Acts and Regulations

F-14.1 - Fish and Wildlife Act

Full text
Current to 1 January 2024
CHAPTER F-14.1
Fish and Wildlife Act
2004, c.12, s.1
Assented to July 16, 1980
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions and interpretation
1(1)In this Act
“angling” means fishing with(pêche à la ligne)
(a) a hook and line held in the hand; or
(b) a hook, line and rod held in the hand;
but does not include fishing with a set line or a line fastened to a boat;
“angling lease” means any angling lease issued under this Act or any fishery lease issued under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973;(bail de pêche à la ligne)
“arrow with a broad head” means an arrow the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(flèche à tête large)
“automatic firearm” means a firearm that is capable of firing bullets in rapid succession during one pressure of the trigger;(arme à feu automatique)
“band” means a band as defined in the Indian Act (Canada);(bande)
“bolt with a broad head” means a bolt, arrow or other similar projectile, intended for use in a crossbow, the head of which has two, three or four blades but which does not have a blade that is barbed or is less than 20 mm at the widest point;(carreau à tête large)
“bow” means a longbow, a recurve bow or a compound bow with one or more wheels but does not include a crossbow;(arc)
“camp” means a temporary residence other than a principal place of residence and includes a tent, travel trailer, vehicle or vessel which is being used for the purpose of a shelter or temporary residence;(camp)
“closed season” when used in reference to any species of fish or wildlife means any period other than an open season for such species of fish or wildlife;(période de fermeture)
“commercial fish pond” Repealed: 2001, c.28, s.1
“crossbow” means a device consisting of a bow that (arbalète)
(a) has limbs fixed across a stock with a groove for a bolt, an arrow or other similar projectile and has a mechanism for holding and releasing the bow string, or
(b) has an attached mechanical device that holds the bow at full or partial draw;
“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands;(terres de la Couronne)
“cultivated land” means(terres en culture)
(a) cleared land on which any cultivated crops are growing, or
(b) land prepared for crops,
but does not include land upon which trees, other than trees prepared and cultivated for sale as Christmas trees, are growing;
“Department” means the Department of Natural Resources and Energy Development;(ministère)
“dump” means any site used for the disposal of discarded matter, including domestic and industrial waste, garbage, refuse or debris;(dépotoir)
“exotic fish” means those species of fish which are not indigenous to the Province;(poisson exotique)
“exotic wildlife” means any bird, mammal or other vertebrate that is not indigenous to the Province and is of a species of wildlife that in its natural habitat is usually wild by nature, whether or not the bird, mammal or other vertebrate is bred or reared in captivity, and includes any hybrid offspring of any such bird, mammal or other vertebrate and any part of any such bird, mammal or other vertebrate;(animal exotique de la faune)
“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or bow;(arme à feu)
“fish” means all species of fish and any part of such fish found in Provincial waters;(poisson)
“fishing” means fishing for, catching or attempting to catch fish by any method;(pêcher)
“fly fishing” means to cast upon water and retrieve in the usual and ordinary manner an unbaited, unweighted artificial fly attached to a line to which no extra weight has been added and includes trolling;(pêche à la mouche)
“former resident” means a non-resident who has resided in the province for a continuous period of not less than five years after his twelfth birthday;(ex-résident)
“fur bearing animal” means fox, beaver, mink, otter, fisher, marten, muskrat, skunk, raccoon, weasel, bobcat, lynx, coyote, squirrel and varying hare;(animal à fourrure)
“gallinaceous bird” includes all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;(oiseau gallinacé)
“game bird” means any wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act, chapter M-12 of the Revised Statutes of Canada, 1970;(gibier à plume)
“green hide” or “green head” means any fresh untanned hide or head of bear, deer or moose;(peau verte) ou (tête fraîche)
“guide” means,(guide)
(a) with respect to a guide I licence, a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada) over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide, and
(b) with respect to a guide II licence, a resident over the age of eighteen years who, having made application to the Minister, and having passed the appropriate examination and taken the appropriate oath of office, has been licensed by the Minister as a guide;
“hunting” means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;(chasser)
“judge” means a judge of the Provincial Court of New Brunswick and includes a deputy judge;(juge)
“licence” means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document associated with the licence or permit;(permis)
“loaded firearm” includes,(arme à feu chargée)
(a) in the case of a breech-loading firearm, a firearm carrying shells or cartridges in the breech or in a magazine attached to the firearm;
(b) in the case of a percussion muzzle-loading firearm, a firearm charged with powder and projectile when the percussion cap is in place on the firearm;
(c) in the case of a flint-lock muzzle-loading firearm, a firearm the barrel of which is charged with powder and projectile and the frizzen or pan of which is charged with powder; and
(d) in the case of a crossbow, a bow cocked and charged with a bolt, an arrow or other similar projectile;
“lock seal tag” Repealed: 1983, c.33, s.1
“Minister” means the Minister of Natural Resources and Energy Development and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“night” means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;(nuit)
“non-resident” means any person who is not a resident;(non-résident)
“occupied land” means privately owned land consisting of not more than forty hectares upon or adjoining which the owner or occupant is actually residing;(terre occupée)
“open season” means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;(saison de chasse ou de pêche)
“park” means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;(parc)
“pelt” means the untanned skin of any wildlife but does not include the hide of a bear, moose or deer;(dépouille)
“penalty” means(peine)
(a) a fine; or
(b) a term of imprisonment including a term of imprisonment in default of payment or satisfaction of a fine;
“pheasant preserve” means an area licensed by the Minister for the propagation and hunting of pheasants;(chasse gardée de faisans)
“possession” includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;(possession)
“private fish pond” Repealed: 2001, c.28, s.1
“registration permit” means a permit issued under the regulations to a bear hunter, deer hunter or moose hunter when a bear, deer or moose killed by the hunter is registered;(certificat d’enregistrement)
“resident” means(résident)
(a) a person who has resided in the Province for a period of six months immediately prior to making an application for a licence;
(b) a person who has resided in the Province for a period of two weeks immediately prior to making an application for a licence, where that person proves to the satisfaction of the Minister that he was required to take up residence in the Province as a result of being transferred to the Province by his employer;
(c) a person who is taking educational training of a three-month minimum duration within the Province and has been residing in the Province for a two-week period immediately prior to making an application for a licence;
(d) a person who resided in the Province for a period of six months immediately prior to taking educational training outside the Province and who is continuing such education;
(e) a person who proves to the satisfaction of the Minister that he has resided in the Province for the purpose of employment for an aggregate period of six months within the twelve months immediately preceding the making of an application;
(f) a person who was born in the Province and who owns real property in the Province;
(g) a person who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police; or
(h) a person who has his or her principal place of residence in the Province and is the holder of a valid New Brunswick driver’s licence or a valid photo identification card issued by the Minister of Public Safety and referred to in the regulations under the Financial Administration Act;
“resort of wildlife” means any waters or lands, including highways or roads, that are frequented by wildlife;(lieu fréquenté par la faune)
“rim-fire shell or cartridge” means a firearm cartridge designed to be fired by the action of a firing pin striking the rim area of the cartridge base;(balle ou cartouche à percussion périphérique)
“second or subsequent offence” means a second or subsequent offence in fact whether or not so alleged in the information or set forth in the conviction;(récidive)
“snare” means any device for the taking of wildlife or fish whereby they are caught in a noose;(collet)
“snares” means to take or attempt to take wildlife by means of a snare;(prends au collet)
“snaring” means taking or attempting to take wildlife by means of a snare;(prise au collet)
“tag” means any type of tag associated with a licence and used for the purpose of tagging a species of fish or wildlife;(étiquette)
“take” when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;(prise)
“taxidermist” means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;(taxidermiste)
“trap” means any spring trap, gin, deadfall, box or net used to capture wildlife;(piège)
“traps” Repealed: 1997, c.1, s.1
“trapping” means taking or attempting to take wildlife by means of a trap;(piéger)
“traps” means to take or attempt to take wildlife by means of a trap;(piégeage)
“trolling” means taking or attempting to take fish with rod, hook or line when such rod, hook or line is being drawn through or over water by means of a boat or other water craft being propelled by mechanical or manual means;(pêche à la traîne)
“trout” includes char, speckled or brook trout, lake trout or togue, brown or Loch Leven trout, rainbow trout and ouananiche or landlocked salmon;(truite)
“vehicle” means a means of conveyance of any kind used on land and includes any accessory attached to the vehicle;(véhicule)
“water” or “waters” , or “Provincial water” or “Provincial waters” , means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;(eau),(eaux),(eau de la province)ou(eaux de la province)
“weekly day of rest” means Sunday;(jour de repos hebdomadaire)
“wildlife” means(animal de la faune, faune ou gibier)
(a) any vertebrate animal or bird or any hybrid offspring of a vertebrate animal or bird, excluding fish and the hybrid offspring of fish, of any species of vertebrate animal or bird that is usually wild by nature in the Province, whether or not the vertebrate animal or bird is bred or reared in captivity, and
(b) any exotic wildlife that has been introduced into the wild in the Province,
and includes any part of such animal or bird;
“wildlife farm” means a place on which any wildlife or any exotic wildlife is kept for sale, trade, barter, public exhibition, propagation or for scientific or other purposes;(centre de la faune)
“wildlife management area” means an area designated as such by the Lieutenant-Governor in Council;(zone d’aménagement pour la faune)
“wildlife management zone” means a zone designated as such by the Lieutenant-Governor in Council;(unité d’aménagement de la faune)
“wildlife refuge” means an area designated as such by the Lieutenant-Governor in Council;(réserve de la faune)
“wild land” means land that is not occupied or cultivated.(terre inculte)
1(2)For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person; or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
1983, c.33, s.1; 1986, c.8, s.48; 1987, c.21, s.1; 1990, c.5, s.1; 1991, c.43, s.1; 1992, c.1, s.1; 1997, c.1, s.1; 2001, c.28, s.1; 2004, c.12, s.2; 2004, c.20, s.26; 2008, c.49, s.1; 2009, c.54, s.1; 2011, c.10, s.1; 2013, c.40, s.1; 2014, c.23, s.1; 2016, c.37, s.75; 2019, c.2, s.62; 2019, c.29, s.179; 2020, c.25, s.56; 2021, c.12, s.1; 2022, c.28, s.24
Application of Act
2This Act applies to all hunting and angling and rights of hunting and angling, and all matters relating thereto, except that this Act, and any lease, licence, permit or regulation issued or made hereunder, shall not authorize or be deemed to authorize any interference with the navigation of any navigable water.
OWNERSHIP
Ownership of wildlife and fish
3(1)The property of all wildlife and fish within the Province, while in the state of nature, is hereby declared to be vested in the Crown in right of the Province, and no person shall acquire any right or property therein otherwise than in accordance with this Act and the regulations.
3(2)Except as otherwise provided by this Act, and except for riparian angling rights, every person commits an offence who, directly or indirectly,
(a) sells, trades or barters or offers for sale, trade or barter hunting, trapping, snaring or angling rights over any land or water, or
(b) purchases or offers to purchase hunting, trapping, snaring or angling rights over any land or water.
1989, c.11, s.1; 1991, c.43, s.2; 1997, c.1, s.2
ADMINISTRATION
Administration
4The Minister shall administer this Act and may designate persons to act on his behalf.
Written authorization
5(1)A document in writing signed by the Minister authorizing a person to act as his designate for the purposes of this Act or the regulations, or to do anything else under this Act or the regulations, shall, without proof of the signature or appointment of the Minister, be accepted by all courts in the Province as conclusive proof of the authority stated therein.
5(2)The person in possession of a written authorization referred to in subsection (1) shall, upon proof that his name is the same as the person named therein, be deemed to be the person named therein.
5(3)A written authorization issued by the Minister pursuant to subsection (1) shall be effective until revoked by the Minister.
Director of Fish and Wildlife and Director of Fish and Wildlife Law Enforcement
6(1)The Minister may appoint a person employed within the Department to be Director of Fish and Wildlife to perform any duties as may from time to time be assigned to the person by the Minister and other duties set out in this Act and the regulations.
6(2)The Minister may appoint a person employed within the Department to be Director of Fish and Wildlife Law Enforcement to perform any duties as may from time to time be assigned to the person by the Minister and other duties set out in this Act and the regulations.
6(3)The Director of Fish and Wildlife and the Director of Fish and Wildlife Law Enforcement may exercise all of the powers conferred by this Act and the regulations on a conservation officer.
6(4)The Minister shall cause to be published in The Royal Gazette notice of the appointment of the Director of Fish and Wildlife and of the Director of Fish and Wildlife Law Enforcement and, on publication, judicial notice shall be taken in all courts in the Province that the person named in the notice has been appointed by the Minister in accordance with this Act.
1987, c.21, s.2; 2001, c.18, s.1; 2004, c.12, s.3; 2008, c.49, s.2
Appointments
7(1)The Minister may appoint
(a) persons employed within the Department, and
(b) other persons considered by the Minister to be suitable,
to be conservation officers, who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.
7(1.1)The Minister may appoint persons performing a similar function in another jurisdiction to be conservation officers, but the appointment shall only be made for the purpose of a special investigation.
7(1.2)Persons appointed under subsection (1.1), during the period for which they are appointed, shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.
7(2)The Minister may appoint
(a) persons who are employed within the Department,
(b) persons who have volunteered their services to the Minister and who have been nominated for such purpose by a lessee, a conservation association, a fish or wildlife association, a riparian association, or a private owner of riparian angling rights in New Brunswick, or
(c) other persons considered by the Minister to be suitable,
to be assistant conservation officers, who shall attend to the enforcement of this Act and the regulations in accordance with the powers conferred upon them by this Act and the regulations.
7(3)The following persons are ex officio conservation officers under this Act:
(a) members of the Royal Canadian Mounted Police;
(b) police officers appointed pursuant to the Police Act;
(c) fishery officers designated under the Fisheries Act (Canada);
(d) members of the Canadian Forces while engaged in lawful military police duties;
(e) game officers designated under the Migratory Birds Convention Act, 1994 (Canada); and
(f) wildlife protection officers appointed for the purposes of the Act respecting the conservation and development of wildlife (Quebec), while in the course of performing their duties in respect of angling, in an area consisting of a portion of the boundary waters of the Patapedia River, not including its tributaries, from the One Mile Post at the border between the Province of New Brunswick and the Province of Quebec, downriver on the boundary waters of the Restigouche River, to the J. C. Van Horne Bridge.
1981, c.28, s.1; 1983, c.33, s.2; 1986, c.8, s.48; 1987, c.21, s.3; 1987, c.N-5.2, s.21; 1988, c.67, s.4; 1992, c.2, s.24; 2004, c.12, s.4; 2008, c.49, s.3
Examination as prerequisite
8No person shall be appointed as a conservation officer or assistant conservation officer unless he has passed to the satisfaction of the Minister or a person designated by the Minister an examination illustrating his knowledge of
(a) woodcraft, and the habits and resorts of wildlife and fish;
(b) fish, wildlife and fire laws of the Province; and
(c) other subjects and matters prescribed by the Minister.
2004, c.12, s.5
Persons exempt from examination
8.1Section 8 does not apply to persons appointed to be conservation officers under subsection 7(1.1).
2008, c.49, s.4
Written document of Minister
9A document in writing signed by the Minister stating that the person named in the document has been appointed as a conservation officer or assistant conservation officer shall, without proof of the appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has
(a) successfully passed the examination referred to in section 8;
(b) taken the oath of office referred to in section 12; and
(c) been appointed to the office that he is stated to hold,
and the person in possession of such document shall, upon proof that his name is the same as the person named therein, be deemed to be the person named therein.
2004, c.12, s.6
CONSERVATION OFFICERS
2004, c.12, s.7
Powers of conservation offices
10(1)Every conservation officer, and every assistant conservation officer who is accompanied by or is acting under the immediate supervision of a conservation officer, may exercise all the powers and authorities conferred upon him or her by this Act in any part of the Province.
10(2)Subject to subsection (1), every assistant conservation officer shall exercise the powers and authorities conferred upon him by this Act only on lands and waters under his charge.
2004, c.12, s.8
Powers as peace officers
11Every conservation officer in carrying out his duties under this Act and the regulations has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970.
2004, c.12, s.9
Power to inspect firearms and ammunition
11.1A conservation officer, for the purpose of ensuring compliance with this Act and the regulations, may inspect any firearm or ammunition in a person’s possession in a resort of wildlife.
2001, c.18, s.2; 2004, c.12, s.10
Exemption from application of Act or regulations
11.2The Minister, for the purpose of investigations and other law enforcement activities under this Act and the regulations, may in writing exempt a conservation officer from the application of any provision of this Act or the regulations, subject to such terms and conditions as the Minister considers necessary.
2001, c.18, s.2; 2004, c.12, s.11
Oath of office
12Every conservation officer and assistant conservation officer, before beginning his duties, shall
(a) take and subscribe the following oath, or
(b) make and subscribe the following affirmation,
in writing before a commissioner for taking affidavits or a notary public and return it to the Minister:
I ________________________________ of the Parish of _________________________________ in the county of ___________________________ in the Province of New Brunswick, do solemnly swear (or affirm) that I will faithfully perform and discharge the several duties of ________________ under the Fish and Wildlife Act and regulations; that I will especially endeavour to prevent the taking or killing or attempting to take or kill of any wildlife or fish by illegal means or in an illegal manner in the Province or area in my charge at all times when the taking or killing of wildlife or fish is prohibited by lawful authority; and that I will report all cases of violation known to me without fear, favor or affection. (In the case where an oath is taken add “So help me God”)
1983, c.4, s.7; 2004, c.12, s.12
Persons exempt from oath of office
12.1Section 12 does not apply to persons appointed to be conservation officers under subsection 7(1.1).
2008, c.49, s.5
Duty to report violation
13(1)Every conservation officer and assistant conservation officer having knowledge of any violation of this Act or the regulations shall
(a) report the violation to the Minister or his designate immediately, and
(b) act in accordance with the directions issued by the Minister or his designate.
13(2)The information furnished under subsection (1), and all information furnished by a conservation officer or assistant conservation officer to the Minister or the Minister’s designate, is confidential and privileged and no conservation officer, assistant conservation officer or person to whom the information is furnished is compellable to disclose the information or the name of an informant.
13(3)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.
1983, c.33, s.3; 2004, c.12, s.13; 2013, c.34, s.13
Repealed
14Repealed: 1990, c.22, s.15
1983, c.33, s.4; 1990, c.22, s.15
Repealed
14.1Repealed: 1984, c.45, s.1
1981, c.28, s.2; 1984, c.45, s.1
GUIDES
Guide licences
15(1)The Minister may issue
(a) a guide I licence to a Canadian citizen or permanent resident within the meaning of the Immigration Act (Canada), or
(b) a guide II licence to a resident,
but no person shall be issued both licences.
15(2)Subject to the regulations, the holder of a guide I licence
(a) may accompany as a guide three persons at one time; and
(b) shall not hunt or angle while acting as a guide.
15(3)The holder of a guide II licence
(a) may accompany as a guide, but not for fee or reward, one person at one time; and
(b) may hunt or angle while acting as a guide if he or she is a holder of a valid licence issued by the Minister authorizing the hunting or angling, as the case may be.
15(4)No guide I or guide II licence shall be issued by the Minister unless the applicant has
(a) taken and subscribed the following oath, or
(b) made and subscribed the following affirmation,
in writing before a commissioner for taking affidavits or a notary public and returned it to the Minister:
I _________________________ of the Parish of _________________________ in the county of ____________________ in the province or territory of _____________, do solemnly swear (or affirm) that I will faithfully perform the several duties of a guide under the Fish and Wildlife Act and regulations; that I will especially endeavour to prevent the illegal taking of fish or wildlife and that I personally will adhere to the provisions of the Fish and Wildlife Act and the regulations and all other game and fishery Acts applicable to the Province without fear, favor or affection. (In the case where an oath is taken add “So help me God”)
1983, c.4, s.7; 2001, c.28, s.2; 2004, c.12, s.14
Duty to report violation
16Where a guide believes or has reasonable and probable grounds to believe that a person whom he is guiding has violated this Act or the regulations he shall report the violation immediately to a conservation officer, and if he neglects or omits to do so he commits an offence.
2004, c.12, s.15
Duty to prevent violation
17Every guide shall, so far as he is able, prevent a person whom he is guiding from violating the provisions of this Act and the regulations, the Crown Lands and Forests Act, the Species at Risk Act, the Forest Fires Act, the Fisheries Act (Canada), the Migratory Birds Convention Act, 1994 (Canada) and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada), and the regulations made under those Acts.
1982, c.3, s.29; 1983, c.33, s.5; 2001, c.28, s.3; 2012, c.6, s.80
Party to an offence
17.1Where a person who employed or retained the services of a guide commits or is otherwise party to an offence under this Act or the regulations and the guide
(a) ought reasonably to have prevented the offence from occurring, and
(b) failed to exercise due diligence to prevent the action or omission of the person who employed or retained the services of the guide,
the guide is a party to the offence and may be charged with, convicted of and sentenced for the offence, whether or not the person who employed or retained the services of the guide is charged with or convicted of the offence.
2001, c.28, s.4
Offences respecting acting as a guide
18(1)Every person who
(a) has not been issued a guide I licence under this Act; and
(b) for fee or reward acts as a guide for the purpose of hunting wildlife or angling fish,
commits an offence.
18(2)Every person who
(a) has not been issued a licence to act as a guide; and
(b) acts as a guide for the purpose of hunting wildlife or angling fish,
commits an offence.
Offences respecting guides
19(1)Every guide who accompanies as a guide
(a) more than the number of persons he is authorized to accompany as a guide; or
(b) a person who has not been issued a licence under this Act,
commits an offence.
19(2)Every holder of a guide I licence who violates paragraph 15(2)(b) commits an offence.
2001, c.28, s.5
NON-RESIDENTS
Non-residents to be accompanied by guides
20(1)Subject to subsections (3) and (4), and except as permitted by regulation, every non-resident shall be accompanied by a guide I while hunting or angling.
20(2)Every non-resident who hunts or angles while not accompanied by a guide I, as required under subsection (1), commits an offence.
20(3)A non-resident may hunt or angle while accompanied by a guide II
(a) where the non-resident is a former resident of the Province;
(b) where the non-resident is the sole owner of property within the Province which has an assessed value under the Assessment Act of ten thousand dollars or more;
(c) where the non-resident is an official guest of the Province; or
(d) where the non-resident is a personal guest or relative of the guide II by whom he is being accompanied.
20(4)Where, in the opinion of the Minister,
(a) guide services are not reasonably available; or
(b) special circumstances exist,
the Minister may authorize a non-resident to hunt or angle for a specific period of time and at a specific location within the Province while not accompanied by a guide.
ARREST, SEARCH AND SEIZURE
1985, c.42, s.4
Arrest by an assistant conservation officer
21An assistant conservation officer acting under the immediate supervision of a conservation officer shall have the same power of arrest as a conservation officer has under section 119 of the Provincial Offences Procedure Act except that an assistant conservation officer shall deliver the person arrested to a conservation officer as soon as practicable and the conservation officer to whom the person arrested is delivered shall be deemed to have arrested the person and shall proceed in accordance with the Provincial Offences Procedure Act.
1990, c.22, s.15; 2004, c.12, s.16
Repealed
21.1Repealed: 1990, c.22, s.15
1985, c.42, s.5; 1990, c.22, s.15
Search and seizure without warrant
21.2A conservation officer, in addition to the powers of search given under the Provincial Offences Procedure Act, has the power to search without warrant any land, building, premises or place in or on which he has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations, if he believes on reasonable and probable grounds that it would be impracticable in the circumstances to obtain a search warrant.
1985, c.42, s.5; 1990, c.22, s.15; 2004, c.12, s.17
Search and seizure respecting wild land
21.3A conservation officer, in addition to the powers of search given under the Provincial Offences Procedure Act, has the power to search without warrant any wild land in or on which he has reasonable and probable grounds to believe there is anything that may provide evidence of the commission of an offence under this Act or the regulations.
1985, c.42, s.5; 1990, c.22, s.15; 2004, c.12, s.18
Repealed
22Repealed: 1985, c.42, s.6
1985, c.42, s.6
Private property
23Every conservation officer and assistant conservation officer in the discharge of his duties, and any person accompanied by him, may enter upon and pass through private property without being liable for trespass.
2004, c.12, s.19; 2019, c.12, s.11
Seizure of means of transportation in the commission of an offence
24A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,
(a) seize and remove any vehicle, aircraft, boat, skiff, canoe or vessel that he has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle, aircraft, boat, skiff, canoe or vessel in which he finds anything in respect of which he has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed.
1983, c.33, s.6; 1985, c.42, s.7; 1990, c.22, s.15; 2004, c.12, s.20
Arrest by an assistant conservation officer
25(1)Every assistant conservation officer who would, if he or she were a conservation officer, be authorized, because of the remoteness of the lands and waters under his charge, to act under section 21.2 and who has reasonable and probable grounds to believe that
(a) any fish or wildlife was taken or killed by illegal means or in an illegal manner, or at a time when the taking and killing of such fish or wildlife is prohibited by lawful authority,
(b) any firearm, silencer, trap, snare, net, seine, rod, creel, light, vehicle, aircraft, boat, skiff, canoe or vessel of any description, material, implement or appliance
(i) was used by a person,
(ii) was in the possession of a person, or
(iii) has been used by or is in the possession of a person,
in violation of this Act or the regulations, or
(c) a vehicle, aircraft, boat, skiff, canoe or vessel has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations,
may, within the limits of the waters and lands under his charge, seize any fish, wildlife or other thing referred to in this subsection, which he discovers in plain view.
25(2)An assistant conservation officer acting under the immediate supervision of a conservation officer may seize anything which the assistant conservation officer discovers in plain view in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed.
25(3)Where a conservation officer is carrying out a lawful search under this Act or the Provincial Offences Procedure Act, an assistant conservation officer while accompanied by and acting under the immediate supervision of the conservation officer may, on the direction of the conservation officer, assist him or her in carrying out the search and any seizure that may result from the search.
1983, c.33, s.7; 1985, c.42, s.8; 1990, c.22, s.15; 1997, c.1, s.4; 2004, c.12, s.21
Repealed
26Repealed: 1985, c.42, s.9
1985, c.42, s.9
Seizure of wildlife
27A conservation officer may seize and may destroy, if necessary, any wildlife that has become incapacitated or is a nuisance or a menace to lives and property.
2004, c.12, s.22
Return of property seized
27.1Where a vehicle, aircraft, boat, skiff, canoe or vessel will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize a conservation officer or assistant conservation officer to return the thing seized to a person with a property interest in it.
1992, c.1, s.2; 2004, c.12, s.23
Application for the return of property seized
27.2(1)Where a vehicle, aircraft, boat, skiff, canoe or vessel has been seized by a conservation officer or assistant conservation officer and not returned under section 27.1, a person with a property interest in it may, after giving the prosecutor fourteen days notice of the person’s intention of doing so, apply to a judge for the return of the thing seized.
27.2(2)Where an application under subsection (1) has been heard, the judge may order the return of the vehicle, aircraft, boat, skiff, canoe or vessel to the person who made the application.
1992, c.1, s.2; 2004, c.12, s.24
Forfeiture of property
28Where a person is convicted of a violation of this Act or the regulations,
(a) any fish or wildlife seized pursuant to this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister, and
(b) the judge may, in addition to any penalty imposed, order any other thing seized pursuant to this Act or the Provincial Offences Procedure Act that has not been returned under section 27.1 or 27.2 to be forfeited to the Minister and, upon the making of the order, the thing seized pursuant to this Act or the Provincial Offences Procedure Act ordered to be forfeited is forfeited to the Minister.
1985, c.42, s.10; 1989, c.11, s.2; 1990, c.22, s.15; 1992, c.1, s.3
Disposal of seized property
29(1)Where a conservation officer or assistant conservation officer has seized any wildlife or fish carcass the conservation officer or assistant conservation officer, as the case may be, shall, upon conviction of the person in possession of the fish or wildlife seized, deliver the fish or wildlife seized to the Minister and the Minister may dispose of it in such manner and at such time as the Minister sees fit.
29(2)Where a conservation officer or assistant conservation officer has seized a firearm, silencer, trap, snare, light, net, rod, creel, seine, pelt or hide, the conservation officer or assistant conservation officer, as the case may be, shall, if the judge orders the forfeiture of the thing seized, deliver the thing seized to the Minister and the Minister may, not sooner than thirty days after conviction, dispose of it by public auction or in such manner and at such time as the Minister sees fit.
1989, c.11, s.3; 2004, c.12, s.25
Idem
30Where a conservation officer or assistant conservation officer has seized a vehicle, aircraft, boat, skiff, canoe, vessel, material, implement or appliance, the conservation officer or assistant conservation officer, as the case may be, shall, if the judge orders the forfeiture of the thing seized, hold the thing seized pending instructions from the Minister, who may, not sooner than thirty days after the conviction, dispose of it at public auction or in such manner and at such time as the Minister sees fit.
1983, c.33, s.8; 1989, c.11, s.4; 2004, c.12, s.26
Return of thing seized
30.1Where a conservation officer or assistant conservation officer seizes anything referred to in subsection 29(2) or section 30, the conservation officer or assistant conservation officer, as the case may be, shall return the thing seized to the owner or person in possession at the time of the seizure
(a) if the person is not charged with an offence under this Act or the regulations, or
(b) within thirty days after the final disposition of the charge
(i) if the person has been charged with an offence under this Act or the regulations and no conviction results from that charge, or
(ii) if the person has been charged with an offence under this Act or the regulations and is convicted but the judge does not order the forfeiture of the thing seized.
1991, c.43, s.3; 2004, c.12, s.27
Disposal where owner unknown
31Where anything is seized under this Act or the Provincial Offences Procedure Act and the owner is unknown or cannot be found within three months of the seizure, the Minister may direct that it be disposed of in any manner he may see fit.
1985, c.42, s.11; 1990, c.22, s.15
FISH AND WILDLIFE OFFENCES
Offences respecting season, licence, method, amount, poison
32(1)Every person commits an offence who
(a) hunts a moose, deer or bear during the closed season;
(b) hunts a moose, deer or bear without being the holder of a valid licence issued by the Minister;
(c) hunts a moose, deer or bear by means of a trap or snare;
(d) hunts, traps, snares or angles for more than the number of animals, birds or fish of a species of wildlife or fish, other than a moose, deer or bear, that the person is authorized to hunt, trap, snare or angle for under the licence issued to the person by the Minister;
(d.1) hunts for more than the number of moose, deer or bear that the person is authorized to hunt for under the licence issued to the person by the Minister; or
(e) kills or attempts to kill any wildlife or fish by the use of poison.
32(2)Paragraph (1)(e) does not apply to a person who uses or applies a pesticide in accordance with the Pesticides Control Act.
1983, c.33, s.9; 1991, c.43, s.4; 1997, c.1, s.5
Offences respecting time of day, lights, dogs
33(1)Subject to subsection (3), every person commits an offence who
(a) hunts wildlife in the night,
(b) hunts wildlife by means of or with the assistance of a light or lights, with or without the intent then or subsequently to capture, kill or wound wildlife, or
(c) hunts a bear, moose, deer or fur bearing animal by means of, or with the assistance of, a dog or when accompanied by a dog.
33(2)A person or an association of persons may apply to the Minister, subject to and in accordance with the regulations, for a permit to do any, or any combination of, the following:
(a) to use, be assisted by or be accompanied by any dog or type or breed of dog when or for the purpose of hunting wildlife, except bear, moose or deer;
(b) to train any dog or type or breed of dog to hunt wildlife, except bear, moose or deer;
(c) Repealed: 2008, c.49, s.6
(d) to use a hound or hounds, except at night, to hunt a bear if, in the opinion of the Minister, the hunting of the bear with a hound or hounds is necessary for the prevention of damage to private property or injury to occupants of occupied land and if the carcass is surrendered immediately to the nearest conservation officer.
33(3)The Minister may, subject to and in accordance with the regulations,
(a) issue a permit to an applicant under subsection (2), if satisfied that the applicant has met the requirements of this Act and the regulations,
(b) subject to paragraph (2)(d), authorize in the permit any or any combination of the activities referred to in subsection (2), at any time of the day or night, during the open or the closed season or by means of or with the assistance of a light or lights, and
(c) impose such other terms and conditions in relation to the permit as the Minister considers appropriate.
1987, c.21, s.4; 1997, c.1, s.6; 2004, c.12, s.28; 2008, c.49, s.6
Periods respecting dog training
33.1The dog training referred to in paragraph 33(2)(b) shall only take place during the periods specified in the regulations.
2008, c.49, s.7
Permit respecting field trial
33.2(1)Subject to and in accordance with the regulations, any person or an association of persons may apply to the Minister for a permit to show, train, test or approve any dog or type or breed of dog by field trial using wildlife, except bear, moose or deer.
33.2(2)Subject to and in accordance with the regulations, the Minister may
(a) issue to the applicant a permit under subsection (1) if satisfied that the applicant has met the requirements of this Act and the regulations,
(b) authorize in the permit the holding of a field trial at any time of the day or at any time of the night by means of or with the assistance of a light,
(c) specify in the permit the period during which the field trial is authorized to be held, and
(d) impose any other terms and conditions in relation to the permit as the Minister considers appropriate.
2008, c.49, s.7
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
Times of sunrise and sunset
Repealed: 2021, c.12, s.2
2021, c.12, s.2
35Repealed: 2021, c.12, s.3
1991, c.43, s.6; 1993, c.24, s.1; 2021, c.12, s.3
Offence respecting beaver
36Every person who, during the closed season for beaver, sets, places or tends a trap or snare closer than thirty metres from a beaver pond, beaver house or beaver dam that is at that time being constructed, maintained or occupied by a beaver, unless doing so under and in accordance with a licence or other authority issued or given under or by this Act or the regulations, commits an absolute liability offence.
1987, c.21, s.5; 1991, c.43, s.7; 1997, c.1, s.8
Offences respecting gallinaceous game birds
37(1)Every person who keeps in captivity any gallinaceous game bird for the purpose of sale, barter, exchange, preservation, consumption or propagation, unless authorized under this Act or the regulations, commits an offence.
37(2)Every person who at any time disturbs, injures, gathers or takes the nest or eggs of any bird except as authorized by this Act and regulations commits an offence.
Permit respecting wildlife
38(1)Every person who, without a permit issued under paragraph 90(1)(a) or (d), takes any wildlife into captivity or keeps it in captivity commits an offence.
38(2)Every person who, without a permit issued under paragraph 90(1)(c), releases from captivity in the Province any wildlife commits an offence.
1987, c.21, s.6; 1997, c.1, s.9; 2004, c.12, s.29
Offences respecting exotic animals
38.1(1)Every person who,
(a) without a permit issued under paragraph 90.1(1)(a), imports into the Province exotic wildlife,
(b) without a permit issued under paragraph 90.1(1)(b), keeps exotic wildlife in captivity,
(c) fails to comply with the terms and conditions of a permit issued under paragraph 90.1(1)(a) or (b), or
(d) without a permit issued under paragraph 90.1(1)(c) releases exotic wildlife from captivity or releases exotic wildlife from captivity contrary to the terms and conditions of a permit issued under paragraph 90.1(1)(c),
commits an offence.
38.1(2)Notwithstanding subsection (1), a person may, without a permit issued under paragraph 90.1(1)(a) or (b), import into the Province or keep in captivity those species or subspecies of exotic wildlife that are excluded from the operation of paragraph (1)(a) or (b) by regulation.
1987, c.21, s.7
Offences respecting wildlife
39Every person commits an absolute liability offence who at any time hunts, traps or snares
(a) Repealed: 1987, c.21, s.8
(b) wildlife in any wildlife refuge or park unless within an area set aside for the hunting, snaring or trapping of animals under or pursuant to regulations made under subsection 23(1) of the Parks Act.
1985, c.4, s.26; 1987, c.21, s.8; 1991, c.43, s.8; 2011, c.20, s.15
Offence respecting hunting on weekly day of rest
39.1(1)Subject to subsection (2), every person who hunts wildlife on a weekly day of rest commits an absolute liability offence.
39.1(2)Subsection (1) does not apply to
(a) a conservation officer acting under section 27,
(b) a person acting under and in accordance with subsection 34(4) or (4.1),
(c) a person acting under and in accordance with written authorization given under subsection 34(7),
(d) a holder of a proper licence who hunts wildlife on a weekly day of rest during the period beginning on October 14 and ending on December 31, inclusive, or
(e) a holder of a fur harvester’s licence or a minor’s fur harvester’s licence who shoots or kills a live-caught animal during the open season for trapping and snaring the animal if:
(i) the holder of the fur harvester’s licence or the minor’s fur harvester’s licence shoots or kills the animal with a .22 calibre rim-fire rifle;
(ii) the animal is not a mink, muskrat, beaver or otter; and
(iii) the holder of the fur harvester’s licence transports the firearm in a case which is properly fastened.
1987, c.21, s.9; 1997, c.1, s.10; 2004, c.12, s.30; 2008, c.25, s.1; 2012, c.35, s.2; 2020, c.4, s.1
Offences respecting firearms in certain places
40Every person commits an absolute liability offence who, not being a conservation officer, has in his possession a loaded firearm or discharges a firearm
(a) in any wildlife refuge, dump or park, unless within an area set aside for the hunting, snaring or trapping of animals under or pursuant to regulations made under subsection 16(1) of the Parks Act; or
(b) within an area posted as a boy scout, girl guide or other youth camp.
1985, c.4, s.26; 1991, c.43, s.9; 2004, c.12, s.31
Offences respecting firearms in open season
41Every person commits an offence who takes, carries or has in his or her possession in or on a resort of wildlife a firearm during the open season for hunting, unless the person is:
(a) the holder of a proper licence;
(b) a conservation officer exercising his or her authority under this Act;
(c) acting in accordance with subsection 34(4) or (4.1); or
(d) the holder of a permit issued under subsection 86(1).
2004, c.12, s.32; 2012, c.35, s.3
Offences respecting firearms in wildlife resort
42(1)Every person commits an offence who, not being authorized under subsection (2), (3), (3.1), (3.2) or (4) and not being a conservation officer in the exercise of his or her authority under this Act:
(a) without a permit issued under subsection 86(1) takes, carries or has in his or her possession in or on a resort of wildlife a firearm during the closed season for hunting, unless the person is acting in accordance with subsection 34(4) or (4.1);
(b) transports or has in his possession a firearm in a resort of wildlife during the night;
(c) transports or has in his possession a firearm in a resort of wildlife on a weekly day of rest; or
(d) transports a firearm in a resort of wildlife, unless the person is an owner or occupant of private land acting in accordance with subsection 34(4) or (4.1).
42(2)Where a member of a shooting club is the holder of a permit issued under subsection 86(2) authorizing him to discharge a firearm on a weekly day of rest in an area specified by the Minister he may transport a firearm to and from the area specified by the Minister if the firearm
(a) is in a case which is properly fastened;
(b) is completely wrapped in a blanket or canvas which is securely tied around the firearm; or
(c) is in the locked luggage compartment of a vehicle.
42(3)Where a person is the holder of a proper licence, he may,
(a) two days before the opening and two days after the closing of the open season on wildlife; or
(b) on a weekly day of rest during the open season on wildlife,
transport a firearm to or from a camp which the person is to occupy or has occupied if the firearm
(c) is in a case which is properly fastened;
(d) is completely wrapped in a blanket or canvas which is securely tied around the firearm; or
(e) is in the locked luggage compartment of a vehicle.
42(3.1)Where a person is the holder of a proper licence, the person may transport or have in his or her possession a firearm in a resort of wildlife on a weekly day of rest during the period beginning on October 14 and ending on December 31, inclusive.
42(3.2)If a person is the holder of a fur harvester’s licence or a minor’s fur harvester’s licence, the person may transport or have in his or her possession in a resort of wildlife a .22 calibre rim-fire rifle on a weekly day of rest during the open season for trapping and snaring.
42(4)Where a person is the holder of a proper licence he may transport or have in his possession a firearm in a resort of wildlife during the night in the open season if the firearm
(a) is in a case which is properly fastened;
(b) is completely wrapped in a blanket or canvas which is securely tied around the firearm; or
(c) is in the locked luggage compartment of a vehicle while being transported.
1982, c.3, s.29; 1983, c.33, s.10; 1987, c.21, s.10; 2004, c.12, s.33; 2008, c.25, s.2; 2012, c.35, s.4; 2019, c.12, s.11; 2020, c.4, s.2
Registration of shooting clubs
42.1(1)Despite section 41 and subsection 42(1), a person who is a member of a shooting club that is registered in accordance with this section may:
(a) if the club is affiliated with a shooting range that is approved under section 29 of the Firearms Act (Canada), transport bows, crossbows and non-restricted firearms, as defined in the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations under the Firearms Act (Canada), directly between his or her residence and either an approved shooting range that the club is affiliated with or an organized shooting event taking place at an affiliated approved shooting range of another club; or
(b) if the club is affiliated with any other shooting range, transport bows and crossbows directly between his or her residence and either a shooting range that the club is affiliated with or an organized shooting event taking place at an affiliated shooting range of another club.
42.1(2)A shooting club may register annually by providing the Minister with
(a) the information relating to the shooting club and its executive that the Minister considers appropriate, and
(b) a sample of the current membership card of the shooting club.
42.1(3)On the request of a conservation officer, a member of a club shall present his or her membership card to the conservation officer.
2012, c.35, s.5
Hunting offences
43(1)Every person commits an offence who
(a) uses a silencer or any similar contrivance on a firearm or uses an automatic firearm while hunting wildlife;
(b) for the purpose of hunting moose, deer or bear, carries or uses a firearm designed to fire a rim-fire shell or cartridge;
(c) Repealed: 2011, c.10, s.2
(d) carries or has in his possession at any time a loaded firearm in or on any vehicle;
(d.1) herds wildlife by means of a vehicle; or
(e) uses an aircraft in connection with hunting, except as a means of transportation.
(f) Repealed: 1992, c.1, s.4
43(2)Notwithstanding paragraph (1)(d),
(a) a paraplegic or a single or double amputee of the legs, or
(b) a person who is authorized by a licence issued under section 83.1,
may hunt from a vehicle which is not in motion.
1983, c.33, s.11; 1989, c.11, s.6; 1992, c.1, s.4; 2011, c.10, s.2
Offences respecting bows and crossbows
43.1Every person commits an offence who has in his or her possession in a resort of wildlife one of the following firearms or projectiles:
(a) a bow having a draw weight of less than 10 kg at or before 70 cm draw;
(b) a crossbow that is not equipped with a mechanical trigger safety device;
(c) a crossbow that has limbs fixed across a stock having a draw weight of less than 68 kg;
(d) a crossbow that has an attached mechanical device that holds the bow at full or partial draw having a draw weight of less than 10 kg;
(e) a bolt or an arrow that is coated in part or in whole with a poisonous substance or is designed to explode, the point of which is barbed or equipped with a ripper or the head of which has a blade that is barbed or is less than 20 mm at the widest point.
2011, c.10, s.3; 2019, c.12, s.11
43.2Every person commits an offence who hunts moose, deer or bear with one of the following firearms:
(a) a bow having a draw weight of less than 20 kg at or before 70 cm draw;
(b) a crossbow that has an attached mechanical device that holds the bow at full or partial draw having a draw weight of less than 20 kg;
(c) a bow that is charged with a projectile other than an arrow with a broad head;
(d) a crossbow that is charged with a projectile other than a bolt with a broad head.
2011, c.10, s.3; 2019, c.12, s.11
Offences respecting exporting of wildlife
44(1)Every person commits an offence who exports or attempts to export out of the Province any live wildlife, or the green hide or pelt, or carcass or any part thereof, of wildlife, except where he is the holder of an export permit issued under paragraph 90(1)(b) or subsection 91(1).
44(2)Notwithstanding subsection (1), the holder of a valid non-resident licence issued under this Act and regulations may export from the Province any wildlife lawfully taken by him.
44(3)Every common carrier who transports out of the Province any live wildlife, or the green hide or pelt, or carcass or any part thereof, of wildlife, except that which is authorized to be exported by this Act and regulations, commits an offence.
1997, c.1, s.11
Hunting in wildlife refuge
45(1)Subject to subsection (2), every person commits an offence who at any time hunts, traps or snares any wildlife within the limits of a wildlife refuge.
45(2)Notwithstanding subsection (1), the Minister may issue a licence authorizing a person to take or kill wildlife within the limits of a wildlife refuge where in his opinion conditions warrant.
Discharging of firearm
46(1)Subject to subsections 34(4), (4.1) and (7) and subsections (3), (4), (5), (6) and (7), every person, other than a conservation officer, who at any time discharges a rim-fire rifle, a centre-fire rifle or a shotgun loaded with ball or slug within four hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.
46(2)Subject to subsections 34(4), (4.1) and (7) and subsections (3), (4), (5), (6) and (7), every person, other than a conservation officer, who at any time discharges a muzzle-loading firearm or a shotgun loaded with other than ball or slug within two hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.
46(2.1)Subject to subsections 34(4), (4.1) and (7) and subsections (4.1), (5), (6) and (7), every person, other than a conservation officer, who at any time discharges a bow or a crossbow charged with an arrow or with a bolt within one hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.
46(3)The owner or occupant of a dwelling who is authorized by a licence issued under this Act or the regulations to hunt, trap or snare may discharge a rim-fire rifle, centre-fire rifle or a shotgun loaded with ball or slug within four hundred metres of his or her dwelling if the point of discharge is more than four hundred metres from any other dwelling and from any school, playground, athletic field, dump or place of business.
46(4)The owner or occupant of a dwelling who is authorized by a licence issued under this Act or the regulations to hunt, trap or snare may discharge a muzzle-loading firearm or a shotgun loaded with other than a ball or slug within two hundred metres of his or her dwelling if the point of discharge is more than two hundred metres from any other dwelling and from any school, playground, athletic field, dump or place of business.
46(4.1)The owner or occupant of a dwelling who is authorized by a licence issued under this Act or the regulations to hunt may discharge a bow or a crossbow charged with an arrow or with a bolt within one hundred metres of his or her dwelling if the point of discharge is more than one hundred metres from any other dwelling and from any school, playground, athletic field, dump or place of business.
46(5)Notwithstanding any other provision of this section, a person who is authorized to hunt, trap or snare by a licence issued under this Act or the regulations and who has wounded any wildlife may discharge a firearm for the purpose of taking that wounded wildlife within any distance from a dwelling, school, playground, athletic field, dump or place of business.
46(6)The Minister may exempt an assistant conservation officer from the application of this section for the purpose of enabling him to destroy wildlife.
46(7)Subsections (1) and (2) do not apply to a shooting range designated by the Minister.
46(8)Subject to subsection (5), a conservation officer may seize any wildlife killed, wounded or taken in violation of this section.
1981, c.28, s.3; 1983, c.33, s.12; 1986, c.38, s.2; 1991, c.43, s.10; 1992, c.1, s.5; 1997, c.1, s.12; 2004, c.12, s.34; 2008, c.49, s.9; 2011, c.10, s.4; 2012, c.35, s.6
Hunting while impaired
46.1Every person commits an offence who hunts while that person’s ability to hunt or handle a firearm safely is impaired by alcohol or drug.
1989, c.11, s.7
Repealed
47Repealed: 1983, c.33, s.13
1983, c.33, s.13
Location of traps and snares
47.1(1)Subject to subsections 34(4), (4.1) and (7) and subsection (2), every person other than a conservation officer or assistant conservation officer who at any time sets or places a trap or snare, other than a trap or snare set or based in water, within three hundred metres of a dwelling, school, playground, athletic field, dump or place of business commits an absolute liability offence.
47.1(2)When authorized to trap or snare wildlife by a licence issued under this Act or the regulations the owner or occupant of a dwelling or a person designated by the owner or occupant may set or place a trap or snare within three hundred metres of that dwelling if the location of that trap or snare is more than three hundred metres from another dwelling, school, playground, athletic field, dump or place of business.
1983, c.33, s.14; 1986, c.38, s.3; 1993, c.24, s.2; 1997, c.1, s.13; 2004, c.12, s.35; 2012, c.35, s.7
Dogs
48(1)Every person commits an offence who at any time allows a dog to run at large in a resort of wildlife.
48(2)Subsection (1) does not apply to a person who is
(a) using a dog for hunting game birds during the open season for game birds, or
(b) carrying out an activity involving the dog under and in accordance with a permit issued to the person under subsection 33(3) or 33.2(1).
1997, c.1, s.14; 2008, c.49, s.10
Dogs running at large
49Where a dog is found running at large in a resort of wildlife the dog may be killed on sight by a conservation officer.
2004, c.12, s.36
Offence of careless hunting
50(1)Every person who, being in possession of a firearm for the purpose of hunting, discharges, causes to be discharged or handles a firearm without due care and attention commits the offence of careless hunting.
50(2)Repealed: 1987, c.4, s.7
1987, c.4, s.7
SALE AND POSSESSION
Offence respecting sale of wildlife or trout
51(1)Every person commits an offence who at any time
(a) offers or exposes for sale, trade or barter, or purchases or offers to purchase, the carcass or any part thereof of wildlife; or
(b) offers or exposes for sale, trade or barter or purchases or offers to purchase trout unless the trout has been imported or raised artificially in licensed ponds as prescribed by regulation.
51(2)A person who,
(a) having lawfully taken wildlife pursuant to this Act, offers or exposes for sale, trade or barter the pelt thereof to a licensed fur trader,
(b) having lawfully taken bear, deer or moose pursuant to this Act, offers or exposes for sale, trade or barter the hide of the bear, deer or moose to a licensed hide dealer, or
(c) having lawfully taken wildlife under this Act, offers or exposes for sale, trade or barter the carcass or any part of the carcass of the wildlife to a licensed fur trader in accordance with the regulations,
does not commit an offence under paragraph (1)(a).
1983, c.33, s.15; 1991, c.43, s.11; 1997, c.1, s.15; 2001, c.18, s.4
Offence by proprietor or manager of hotel, restaurant respecting wildlife
52Every person commits an offence who at any time
(a) being the proprietor or manager of a hotel, inn, restaurant or boarding house
(i) advertises wildlife on the menu or bill of fare;
(ii) serves cooked wildlife or a dish composed in whole or in part of wildlife; or
(iii) has wildlife on the premises,
and it is prima facie proof that the proprietor or manager has possession of the wildlife if the wildlife is found on the premises of the hotel, inn, restaurant or boarding house; or
(b) being the proprietor or manager of a store, shop, market stand or stall sells, trades or barters, offers or exposes for sale, trade or barter, or purchases or offers to purchase, the carcass or any part thereof of any wildlife.
2001, c.18, s.5
Exemptions
53The prohibitions in paragraph 51(a) and section 52 do not apply to
(a) varying hare; or
(b) the activities authorized under licence by sections 87, 88 and 89.
1989, c.11, s.8
Offence by proprietor or manager of hotel, restaurant respecting trout
54Every person commits an offence who at any time
(a) being the proprietor or manager of a hotel, inn, restaurant or boarding house
(i) advertises trout on the menu or bill of fare;
(ii) serves cooked trout or a dish composed in whole or in part of trout; or
(iii) has trout on the premises,
and it is prima facie proof that the proprietor or manager has possession of the trout if the trout is found on the premises of the hotel, inn, restaurant or boarding house; or
(b) being the proprietor or manager of a store, shop, market stand or stall sells, trades or barters, offers or exposes for sale, trade or barter or purchases or offers to purchase trout,
unless the trout has been imported or raised artificially in licensed ponds as prescribed by regulation.
2001, c.18, s.6
Exemption respecting registered guests
55Notwithstanding sections 52 and 54, the proprietor or manager of a hotel, inn, restaurant or boarding house may prepare and serve trout and wildlife and have possession of trout and wildlife for such purpose if the trout or wildlife is prepared for a registered guest who has caught the trout or wildlife in accordance with this Act.
Failure to tag deer, moose or salmon
56(1)Every person commits an offence who
(a) having killed a bear, deer or moose does not immediately affix to it the tag associated with his or her licence in a manner prescribed by the regulations; or
(b) is found in possession of a bear, deer or moose which is not tagged in accordance with the regulations.
56(2)Every person commits an offence who, having killed an Atlantic salmon taken by angling, does not immediately affix to it the tag associated with his or her licence in a manner prescribed by regulation.
56(3)Subsection (2) does not apply to a guide I who kills an Atlantic salmon taken by angling on behalf of the person whom he is guiding.
56(4)Every person accompanied by a guide I on whose behalf the guide I kills an Atlantic salmon by angling shall immediately affix to the salmon the tag associated with his or her licence in the manner prescribed by regulation.
1983, c.33, s.16; 1991, c.43, s.12; 2014, c.23, s.2
Possession of untagged salmon
57(1)Every person who has in his possession anywhere in the Province an Atlantic salmon, or any portion thereof, to which there is not affixed a tag as prescribed under this Act and the regulations or under the Fisheries Act (Canada) and the regulations under that Act, commits an offence unless
(a) the person has lawfully removed the tag pursuant to the Fisheries Act (Canada) and the regulations under that Act;
(b) the portion of salmon has lawfully been purchased by the person for his own consumption from a licensee under the Fisheries Act (Canada) and the regulations under that Act at a retail sale, having been cut at the request of that person from a salmon, or portion of a salmon, that was tagged under the Fisheries Act (Canada) and the regulations under that Act;
(c) the portion of salmon has been given to the person by a licensed angler, having been cut from an Atlantic salmon, or portion thereof, that was tagged pursuant to this Act and the regulations;
(d) the portion of salmon has been given to the person by any other person, having been cut from an Atlantic salmon, or portion thereof, that was tagged pursuant to this Act and the regulations or pursuant to the Fisheries Act (Canada) and the regulations under that Act;
(e) the portion of salmon has been cut from an Atlantic salmon that is not required to be tagged pursuant to this Act or the Fisheries Act (Canada) and the regulations under that Act;
(f) the person is in the course of preparing the salmon or portion thereof to be consumed as a meal;
(g) the salmon or portion thereof is in a sealed container prescribed by regulation that has been sealed outside the Province;
(h) the person is a common carrier who is operating within the Province pursuant to the laws of the Province or of Canada and who is in possession of way bills or bills of lading with respect thereto showing the name and address of the shipper and of the consignee, the address from which the shipment originated and the address of destination;
(i) the person is engaged in the enforcement of this Act and the regulations or the Fisheries Act (Canada) and regulations;
(j) possession thereof has otherwise been authorized by the Minister, the Minister of Agriculture, Aquaculture and Fisheries or the Minister of Fisheries and Oceans for Canada;
(k) the salmon or portion thereof was lawfully taken by angling and lawfully in his possession in another jurisdiction.
57(2)On a prosecution with respect to an offence under subsection (1) the onus is on the accused to prove any exception set out in paragraphs (a) to (k), and where possession is alleged by way of defence resulting from a gift or purchase referred to therein, the defence shall not be entertained by the court unless the accused names the person from whom the salmon or portion thereof was received by gift or purchase.
1983, c.33, s.17; 1988, c.12, s.2; 1997, c.1, s.16; 2000, c.26, s.135; 2007, c.10, s.40; 2010, c.31, s.54; 2017, c.63, s.24; 2019, c.2, s.62; 2019, c.12, s.11
Possession of carcass of beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox
57.1Every person who at any time has possession of all or any part of the carcass of a beaver, a bobcat, a fisher, a marten, a mink, an otter, a raccoon or a red fox, except in accordance with this Act and the regulations, commits an offence.
1997, c.1, s.17
Possession of carcass of moose or deer
58Every person who at any time has in his possession the carcass of a bear, moose or deer or any part thereof, except in accordance with this Act and the regulations, commits an offence.
1991, c.43, s.13
Registration permit respecting carcass
59Where a carcass of a bear, moose or deer, or any part thereof, is accompanied by a true copy of the registration permit issued to the owner of the carcass, the holder of the registration permit may keep any part of the carcass
(a) in a store, shop, market stand, stall or in any building used in connection therewith for a period of time not exceeding fifteen days after the close of the open season; or
(b) at their residence or at a cold storage plant for a period of time not extending beyond the 31st day of August in the calendar year following the calendar year in which the registration permit was issued.
1991, c.43, s.14; 2001, c.18, s.7; 2021, c.12, s.4
Offences respecting carcass after open season
60Subject to section 59, every person commits an offence who has in his possession the green hide or pelt, or carcass or any part thereof, of wildlife two days after the close of the open season for wildlife, other than at his residence or in a cold storage plant.
Permit to retain carcass, offence
61Every person commits an offence who has in his possession or keeps in cold storage the green hide or pelt, or carcass or any part thereof, of any wildlife except bear, moose or deer between the fifteenth day after the close of the open season for any such wildlife in any year and the first day of the open season for such wildlife then next following unless he is the holder of a permit issued under the regulations authorizing him to have in his possession or to keep in cold storage the parts of wildlife hereinbefore mentioned.
1991, c.43, s.15; 1997, c.1, s.18
Transfer permit, offence
62Every person commits an offence who at any time has in his possession or keeps in cold storage the green hide or pelt, or carcass or any part thereof, of wildlife which he did not take in accordance with this Act and the regulations, except where authorized by a transfer permit under subsection 91(2).
1997, c.1, s.19
Possession of antlers
62.1Notwithstanding any other provision of this Act or the regulations, a person may, without a permit issued under this Act, have in his or her possession antlers shed from a moose or deer.
2001, c.18, s.8
ANGLING LEASES
Minister may issue angling leases
63(1)In this section
“Crown waters” includes any water upon or under the surface of privately owned land which the Minister has leased.
63(2)The Minister may issue angling leases in Crown waters, subject to such regulations, conditions and restrictions as may be contained in the lease or as may from time to time, and either before or during the continuance of such lease, be made, ordered, established or fixed by the Lieutenant-Governor in Council.
1983, c.8, s.12; 1990, c.5, s.2
Angling leases
64(1)An angling lease issued by the Minister to a lessee other than to a band shall
(a) be issued for a term of not more than ten years from the date of issue; and
(b) be made to the highest bidder at public auction, after being advertised in The Royal Gazette, at or above any upset price bid for the lease.
64(1.01)Notwithstanding paragraph (1)(a), the Minister, to allow for requisite consultations, may extend for a period of one year the term of an angling lease referred to in subsection (1) and subsisting on the commencement of this subsection and may twice thereafter further extend the term of the lease, each such extension being for a further period of one year.
64(1.1)An angling lease issued by the Minister to a band shall be issued for a term of not more than five years from the date of issue.
64(1.2)Every angling lease issued by the Minister shall
(a) authorize the lessee to fish with rod and line in the manner known as surface fly fishing; and
(b) grant to the lessee the exclusive right to angle within the limits of the waters granted to the lessee in the lease.
64(2)The issuance of an angling lease by the Minister shall be conclusive proof in all courts that the conditions precedent as to advertising and issuing the lease as set out in paragraph (1)(b) have been complied with.
1990, c.5, s.3; 2000, c.8, s.1
Assistant conservation officer
65Every lessee of an angling lease shall keep and maintain, at his own expense, within the limits of the waters granted to him by the lease, for such period as the Minister considers necessary, one or more assistant conservation officers appointed by the Minister.
2004, c.12, s.37
Annual rental fee
66(1)The lessee shall pay to the Minister as rent for the angling lease the annual rental fee, which shall be
(a) the amount bid by the successful bidder at public auction; and
(b) where an escalation clause is contained in the lease, the additional amount provided for.
66(1.1)Notwithstanding subsection (1), where under subsection 64(1.01) the Minister extends the term of an angling lease, the lessee shall pay to the Minister as rent for the lease for the period of such extension the annual rental fee agreed to by the Minister and the lessee at the time of such extension.
66(2)Notwithstanding subsection (1), where the lessee is a band the lessee shall pay to the Minister as rent for the angling lease an annual rental fee of one dollar.
1990, c.5, s.4; 2000, c.8, s.2
Failure to pay annual rental fee
67Where a lessee fails to pay to the Minister the annual rental fee in accordance with the terms and conditions of the angling lease or as agreed to by the Minister and the lessee at the time of the extension of the angling lease under subsection 64(1.01),
(a) the Minister may declare the lease void, in which case the lessee shall forfeit all rights held under the lease; and
(b) the lessee is liable at the suit of the Crown for the annual rental fee and all expenses incurred by the Minister on account of the forfeiture, including all expenses attributable to issuing a new lease.
2000, c.8, s.3; 2023, c.17, s.96
Conditions of leases
68Every angling lease is made and granted subject to
(a) the right of passage to and from any waters in favour of the occupants, if any, under title from the Crown, of the lands immediately adjoining in rear of those included in the angling lease, whether so expressed or not; and
(b) the public use of the waters described in the lease for navigation by vessels, boats and other craft.
Right to sub-let, transfer or assign
69No lessee has the right to sub-let, transfer or assign any right, interest or privilege granted or conferred upon him under an angling lease without first having obtained the written consent of the Minister.
Annual statement of lessee
70(1)The lessee shall, within thirty days after the close of every angling season, transmit to the Minister a statement of the quantity and weight of each species of fish caught in the waters affected by the lease.
70(2)Where a lessee fails to transmit the statement required by subsection (1) within thirty days after the close of the angling season,
(a) he commits an offence; and
(b) his lease is subject to forfeiture by order of the Minister.
Responsibility of lessee
71Every lessee is responsible for damage done to the lands described in the angling lease and the timber growing thereon or on adjoining lands if the damage is caused
(a) by the lessee or his agent or any person under his control; or
(b) by want of sufficient precaution in lighting, watching over or extinguishing fires,
and it shall be incumbent on every lessee, in case of damage caused by fire, to prove that all reasonable precautions have been taken.
Lessee’s right to sue
72An angling lease entitles the lessee to institute, in his own name, an action or proceeding against a person unlawfully trespassing upon, damaging or invading the rights, property, premises, or privileges granted by the lease, and also to sue for and recover any damages sustained by him as lessee.
Cancellation of angling leases
73The Minister may cancel an angling lease held by a person convicted of an offence under this Act, and thereupon that person shall forfeit all his rights and privileges under the lease and is not entitled to, and has no claim or right to, any indemnity or compensation in respect thereof.
Trespass on leased land
74(1)Every person who, not being lawfully authorized to do so, enters upon or passes over the land described in an angling lease, without permission of the lessee or his representative, and interferes with the quiet enjoyment of the lessee, commits an offence.
74(2)Notwithstanding subsection (1),
(a) a person may enter upon or pass over lands held under an angling lease in discharge of any duty imposed by law;
(b) where lands held under the angling lease are also included in a Crown timber license, Crown timber sub-license or Crown timber permit under the Crown Lands and Forests Act, the holder of such license, sub-license or permit has the right to cut and take away all trees, timber and lumber within the limits of his license or permit;
(c) the owners or occupiers of lands bordering any waters have a general right of passage to and from such waters across the lands held under an angling lease; and
(d) a user under licence by the Crown may use the lands and waters held under an angling lease for any purpose or occupation not inconsistent with this Act.
1982, c.3, s.29; 1997, c.1, s.20
Offence respecting fishing where angling lease
75Every person who, without permission of the lessee or his representative,
(a) fishes or angles or employs or induces another person to engage or assist in fishing or angling; or
(b) removes or carries away or employs or induces or assists another person to remove or carry away fish caught or taken,
within the limits of the angling lease, commits an offence and does not acquire any right to the fish so caught or taken; and such fish are forfeited to and become the property of the lessee.
POSTING OF LANDS
Posting of notices or signs
76(1)The Minister may post or remove any notice or sign affecting the control of angling rights incidental to Crown Lands or hunting rights.
76(2)The posting or placing in any area of a notice or sign affecting control of angling or hunting that bears the inscription “By Order of the Minister of Natural Resources and Energy Development” is prima facie proof that the sign or notice was posted under authority of subsection (1).
1986, c.8, s.48; 2004, c.20, s.26; 2016, c.37, s.75; 2019, c.29, s.179
Offences respecting notices and signs
77Every person who unlawfully destroys, defaces, removes or interferes with any notice or sign posted or placed under authority of the Minister commits an offence.
Repealed
78Repealed: 1988, c.60, s.2
1983, c.33, s.18; 1986, c.39, s.1; 1988, c.60, s.2
Liability for damage
79The provisions of this Act are not available to a person who hunts, traps or snares or to a person who discharges a firearm on or over land as a defence to an action brought by the owner or occupant of land for damage, whether wilful or negligent, allegedly caused by a person who hunts, traps or snares or a person who discharges a firearm on or over land.
1983, c.33, s.19; 1988, c.60, s.3; 1991, c.43, s.16
Prohibition against hunting on posted land
80(1)An owner may post signs or cause signs to be posted on land to indicate that within the posted area any or all of the following activities are prohibited:
(a) shooting,
(b) hunting, or
(c) trapping or snaring.
80(2)An owner or occupant of occupied or cultivated land may post signs or cause signs to be posted on the occupied or cultivated land to indicate that within the posted area any or all of the following activities are prohibited:
(a) shooting,
(b) hunting, or
(c) trapping or snaring.
80(3)An owner may post signs or cause signs to be posted on land to indicate that within the posted area any or all of the following activities are allowed if permission is obtained from the owner:
(a) shooting,
(b) hunting, or
(c) trapping or snaring.
80(4)An owner or occupant who posts signs or causes signs to be posted on land under this section shall post the signs in accordance with the regulations.
80(5)An owner who posts signs or causes signs to be posted on land under subsection (3) shall
(a) annually register the posting of the land with the Minister, and
(b) provide the Minister with such information as is required by the Minister.
80(6)Subject to subsections 34(4), (4.1) and (7), where the owner or occupant posts signs or causes signs to be posted on land under subsection (1) or (2) in accordance with the regulations, every person including the owner or occupant who engages in any activity prohibited under subsection (1) or (2) within the posted area commits an offence.
80(7)The Minister, when satisfied that it is necessary for the safety of workers working on land may, in accordance with the regulations, post or cause to be posted signs on land to indicate that any or all of the following activities within the posted area are prohibited:
(a) shooting, or
(b) hunting.
80(8)Subject to subsections 34(4), (4.1) and (7), where the Minister posts signs or causes signs to be posted on land under subsection (7) in accordance with the regulations, every person who engages in any activity prohibited under subsection (7) within the posted area commits an offence.
80(9)Notwithstanding any other provision of this Act, a person may enter upon land that is posted under this section for the purpose of pursuing and taking wounded wildlife.
80(10)Where land is not posted in accordance with this section the owner shall be deemed to consent to the entry of a person on the land for the purposes of hunting, trapping and snaring and such consent shall remain valid until revoked by the owner or by the servant or agent of the owner.
1983, c.33, s.20; 1988, c.60, s.4; 1991, c.43, s.17; 1993, c.24, s.3; 1997, c.1, s.21; 2012, c.35, s.8
Liability for trespass
80.1(1)Subject to section 79, the Off-Road Vehicle Act and the Trespass Act, no person who is the holder of a valid and proper licence issued by the Minister authorizing him to hunt, trap or snare within the Province shall be liable for trespass or subject to any judicial remedy in respect of such trespass if
(a) that person enters or remains on land
(i) that is not posted, or
(ii) that has been posted under subsection 80(3) and that the person has received permission from the owner to enter and remain on,
for the purpose of hunting, trapping or snaring during the open season set for the species of wildlife that the person is authorized by licence to hunt, trap or snare, and
(b) he immediately vacates the land when requested to do so by the owner or by the servant or agent of the owner.
80.1(2)Repealed: 1988, c.60, s.5
1986, c.39, s.2; 1988, c.60, s.5; 1991, c.43, s.18; 2003, c.7, s.34
Offence respecting posting of signs
81(1)Every person who posts signs or causes signs to be posted under subsection 80(1) on land to indicate that shooting, hunting, trapping or snaring is prohibited commits an offence unless the person is the owner of the land or was acting as a servant or agent of the owner of the land.
81(2)Every person who posts signs or causes signs to be posted under subsection 80(2) on land to indicate that shooting, hunting, trapping or snaring is prohibited commits an offence unless the person is the owner or occupant of the land or was acting as a servant or agent of the owner or occupant of the land.
81(3)Every person who posts signs or causes signs to be posted under subsection 80(3) on land to indicate that shooting, hunting, trapping or snaring is permitted with the consent of the owner commits an offence unless the person is the owner of the land or was acting as a servant or agent of the owner.
81(4)Every person who posts signs or causes signs to be posted under subsection 80(7) on land to indicate that shooting or hunting is prohibited commits an offence unless the person has been authorized by the Minister to post the signs.
1988, c.60, s.6; 1991, c.43, s.19
Offence respecting destruction of signs
82Every person who, without the authorization of the owner, occupant or the Minister, as the case may be, tears down, removes, damages, defaces or covers up a sign that has been posted commits an offence.
1988, c.60, s.7
REGISTRATION, LICENCES AND PERMITS
2014, c.23, s.3
Registration
82.1(1)Before applying for a licence issued under this Act or the regulations and that is prescribed by regulation, a person shall register with the Minister in accordance with this section.
82.1(2)Any information prescribed by regulation and required to be submitted for the purposes of registration shall be submitted to the Minister in the form and manner approved by the Minister.
82.1(3)A registration is valid for the period prescribed by regulation and may be renewed in accordance with the regulations.
82.1(4)The Minister shall provide every person who is registered under this section a unique identification number.
82.1(5)A person who registers under this section shall update the information required to be submitted for the purposes of registration.
2014, c.23, s.4
Disclosure of information
82.2The Minister may disclose any of the information collected for the purpose of registration under section 82.1 if the disclosure is made in the course of verifying that information.
2014, c.23, s.4
Licences and permits
83The Minister may issue a licence or permit authorizing the holder to hunt, trap or snare any species of wildlife, or to angle for any species of fish, subject to such conditions as are prescribed therein or in the regulations.
83.001For the purposes of sections 83.01 to 83.03, when a person under the age of 16 years accompanies the holder of a valid licence to angle, they shall at all times remain within visual or auditory contact of each other without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.
2009, c.54, s.2
Persons under the age of 16 years
83.01(1)Subject to subsections 83.02(1) and 83.03(1), a person under the age of 16 years is not required to be authorized to angle
(a) by obtaining a licence to angle, or
(b) by accompanying the holder of a valid licence to angle.
83.01(2)Subparagraph 34(2)(c)(i) and subsection 94(2) do not apply in relation to a person referred to in subsection (1).
2001, c.18, s.9; 2004, c.12, s.38; 2008, c.49, s.11; 2009, c.54, s.3
Persons under the age of 16 years angling Atlantic salmon
83.02(1)A person under the age of 16 years is required to be authorized to angle Atlantic salmon
(a) by obtaining a licence to angle Atlantic salmon, or
(b) by accompanying the holder of a valid Atlantic salmon licence who is 16 years of age or older to angle.
83.02(2)Where a person under the age of 16 years commits or is otherwise party to an offence under this Act or the regulations while angling for Atlantic salmon under a licence issued to another person, the holder of the licence is a party to the offence if he or she
(a) ought reasonably to have prevented the offence from occurring, and
(b) failed to exercise due diligence to prevent the action or omission of the person under the age of 16 years.
83.02(3)If the holder of the licence is a party to an offence, he or she may be charged with, convicted of and sentenced for the offence, whether or not the person under the age of 16 years is charged with or convicted of the offence.
2009, c.54, s.4
Persons under the age of 16 years angling on Crown reserve waters
83.03(1)A person under the age of 16 years is required to be authorized to angle on special Crown reserve waters, regular Crown reserve waters or daily Crown reserve waters described in section 7 of the General Angling Regulation - Fish and Wildlife Act or on the waters described in Schedule D of that regulation
(a) by obtaining a licence to angle, or
(b) by accompanying the holder of a valid Crown reserve licence who is 16 years of age or older to angle.
83.03(2)Where a person under the age of 16 years commits or is otherwise party to an offence under this Act or the regulations while angling on the waters described in subsection (1), the holder of the Crown reserve licence is a party to the offence if he or she
(a) ought reasonably to have prevented the offence from occurring, and
(b) failed to exercise due diligence to prevent the action or omission of the person under the age of 16 years.
83.03(3)If the holder of the Crown reserve licence is a party to an offence, he or she may be charged with, convicted of and sentenced for the offence, whether or not the person under the age of 16 years is charged with or convicted of the offence.
2009, c.54, s.4
Physically disabled person
83.1The Minister may issue a licence or a permit authorizing a physically disabled person to hunt from a vehicle which is not in motion.
1989, c.11, s.9
Appointment of vendors
84The Minister may
(a) appoint as many vendors of licences as he considers necessary;
(a.1) prescribe the duties to be carried out by a vendor; and
(b) require a vendor to provide a bond for the faithful discharge of his duties, in such amount and with such sureties as the Minister considers necessary.
1997, c.1, s.22; 2014, c.23, s.5
Commission
84.1A vendor may retain from the fees collected on behalf of the Minister under this Act or the regulations a commission for the discharge of his or her duties as a vendor in an amount determined by the Minister.
2001, c.18, s.10; 2014, c.23, s.6
Responsibilities of vendor
85(1)A vendor shall require
(a) any person required to submit information for the purposes of registration under section 82.1 to submit that information to him or her before registering that person, and
(b) with respect to a licence issued under this Act or the regulations, except for a licence prescribed for the purpose of subsection 82.1(1), any person applying for a licence to furnish proof of age, residency, identity and previous relevant training to him or her before issuing a licence.
85(2)If, in the opinion of the Minister, a vendor issues a licence to an applicant to which the applicant is not entitled or submits false information on behalf of an applicant, the vendor
(a) forfeits his or her privilege of vendorship, and
(b) shall return to the Minister the amount of all fees collected on behalf of the Minister under this Act or the regulations, as well as all unsold licences and stubs of licences issued, if any.
2014, c.23, s.7
Permit for firearms
86(1)The Minister may issue a permit to a person authorizing the person to carry or discharge a firearm, including on a weekly day of rest, in an area specified by the Minister.
86(2)The Minister may issue a permit to a person who is a member of a shooting club authorizing him to carry or discharge a firearm on a weekly day of rest in an area specified by the Minister.
1983, c.33, s.21; 1987, c.21, s.11; 2012, c.35, s.9
Licence for deer and moose hides
87The Minister may issue a licence authorizing a person
(a) to buy, sell or barter, or offer for sale or barter, the pelts of fur bearing animals and to carry on the business of a fur trader in the Province; or
(b) to buy, sell or barter, or offer for sale or barter the hides of bear, moose or deer and to carry on the business of a hide dealer in the Province.
1991, c.43, s.20
Licence to buy and sell parts of carcass of wildlife
87.1The Minister may issue a licence authorizing a fur trader to buy, sell or barter, or offer for sale or barter parts of the carcass of wildlife in accordance with the regulations.
1991, c.43, s.21
Game bird farm licence
88(1)The Minister may issue a game bird farm licence, subject to such conditions as he considers necessary, authorizing a person to keep in captivity gallinaceous game birds on premises defined in the licence.
88(2)The licence issued by the Minister under subsection (1) shall authorize the holder thereof to keep gallinaceous game birds for the purposes of
(a) preservation, consumption and propagation; and
(b) sale, exchange and barter, except that the holder of a game bird farmer’s licence may not sell or offer for sale ruffed grouse or spruce grouse.
Taxidermist licence
89(1)The Minister may issue a licence to any person, authorizing that person to carry on the craft of a taxidermist at the place and in the premises described in the licence.
89(2)Notwithstanding any other provision of this Act, the licence issued by the Minister under subsection (1) authorizes the holder to
(a) be in possession for the purpose of carrying on the craft of a taxidermist of the carcass of fish or wildlife or any part thereof that has been lawfully taken pursuant to this Act,
(b) sell, exchange or barter preserved fish or wildlife specimens; and
(c) sell, exchange or barter portions of fish or wildlife specimens prepared as trophies.
1989, c.11, s.10
Wildlife permit
90(1)Subject to and in accordance with the regulations, the Minister may issue a permit authorizing
(a) a person to capture or obtain any wildlife and to keep it in captivity within the Province,
(b) a person who is the holder of a permit issued under paragraph (a), to export out of the Province any wildlife kept in captivity by the person,
(c) a person who is the holder of a permit issued under paragraph (a), to release from captivity any wildlife kept in captivity by the person,
(d) a person to take, capture or kill any wildlife, or to keep any wildlife that has been accidentally killed, for preservation as specimens of natural history or for scientific investigation, or
(e) a person to keep any wildlife that has been accidentally killed, for preservation as specimens for personal enjoyment.
90(2)Subject to this Act and the regulations, no person shall take wildlife except during the open season for that wildlife.
90(3)Every person who, on the commencement of this subsection, is keeping any wildlife that has been accidentally killed, for preservation as a specimen of natural history, for scientific investigation or for preservation as a specimen for personal enjoyment, shall, within six months after the commencement of this subsection, obtain a permit from the Minister under paragraph (1)(d) or (e), as the case may be, authorizing the person to keep the wildlife.
90(4)The Minister, if cancelling a permit issued under subsection (1), may confiscate and dispose of any wildlife captured, obtained, kept, released, taken, killed or otherwise handled by a person acting or purporting to act under the authority of the permit, as the Minister considers fit, and the holder of the permit shall not be entitled to, or have any claim or right to, any indemnity or compensation in relation to the cancellation, confiscation, disposal or other actions of the Minister.
1987, c.21, s.12; 1997, c.1, s.23
Permit respecting exotic animals, confiscation of exotic animals
90.1(1)The Minister may
(a) issue a permit authorizing a person to import into the Province exotic wildlife and prescribe the terms and conditions under which exotic wildlife may be imported into the Province,
(b) issue a permit authorizing a person to keep exotic wildlife in captivity and prescribe the terms and conditions under which exotic wildlife may be kept in captivity, or
(c) issue a permit authorizing a person to release exotic wildlife from captivity and prescribe the terms and conditions under which exotic wildlife may be released from captivity.
90.1(2)Where, in the opinion of the Minister, a person
(a) has imported exotic wildlife into the Province without a permit or has imported exotic wildlife into the Province contrary to the terms and conditions of a permit issued under paragraph (1)(a),
(b) is keeping exotic wildlife in captivity without a permit or is keeping exotic wildlife in captivity contrary to the terms and conditions of a permit issued under paragraph (1)(b), or
(c) will release exotic wildlife from captivity without a permit or will release exotic wildlife from captivity contrary to the terms and conditions of a permit issued under paragraph (1)(c),
the Minister may confiscate the exotic wildlife, other than the species or subspecies of exotic wildlife that are excluded from the operation of paragraphs 38.1(1)(a) and (b) by regulation, and may dispose of it as the Minister considers fit, and no person shall be entitled to, or have any claim or right to, any indemnity or compensation in respect of the confiscation.
1987, c.21, s.13; 1997, c.1, s.24
Export and transfer permits
91(1)The Minister may issue an export permit
(a) to a resident authorizing the exportation of not more than forty-five kilograms of bear, deer or moose meat or six game birds;
(b) to a fur trader authorizing the exportation of pelts bought or otherwise acquired;
(b.1) to a fur trader authorizing the exportation of parts of the carcass of wildlife;
(b.2) to a person authorizing the exportation of bear, deer or moose hide that the person has lawfully taken;
(c) to a hide dealer authorizing the exportation of hide bought or otherwise acquired;
(d) to the holder of a fur harvester’s licence authorizing the exportation of pelts lawfully taken by him; and
(e) to a person authorizing the exportation of fish or wildlife specimens for scientific or educational purposes.
91(2)The Minister may issue a transfer permit authorizing a person, for a period of time not extending beyond the 31st day of August in the calendar year following the calendar year in which the transfer permit is issued, to have in their possession at their residence or in a cold storage plant the green hide or pelt, or carcass or any part of it, of wildlife lawfully killed.
1991, c.43, s.22; 2001, c.18, s.11; 2008, c.49, s.12; 2021, c.12, s.5
Cancellation of licence or permit
92(1)The Minister may at any time cancel any licence or permit issued under the authority of this Act or the regulations.
92(2)Subject to sections 95.1, 95.2, 96, 96.1, 97, 98, 98.1, 99 and 99.1 the Minister may reinstate any licence cancelled under this Act.
1987, c.21, s.14; 1989, c.11, s.11; 1997, c.1, s.25; 2002, c.53, s.1; 2019, c.12, s.11
Offences respecting licences
93(1)Every person who
(a) furnishes to any other person or permits another person to have or to use a licence issued to him; or
(b) has in his possession or uses a licence issued to another person,
commits an offence.
93(2)Every person commits an offence who
(a) obtains or attempts to obtain a licence to which he or she is not entitled,
(b) has in his or her possession a licence to which he or she is not entitled, or
(c) alters, falsifies or otherwise tampers with a licence.
2014, c.23, s.8
Duty to produce and carry licence
94(1)Every person to whom a licence or permit has been issued to hunt, trap, snare or angle who purchases or attempts to purchase an identical licence or permit, except as may be provided for in the regulations, commits an offence.
94(2)Every person, when hunting, trapping or snaring wildlife or angling, shall
(a) carry on his or her person the licence or permit under which the person is authorized to hunt, trap, snare or angle; and
(b) produce the licence or permit for inspection upon the demand of a conservation officer or assistant conservation officer.
94(2.1)Every conservation officer and every assistant conservation officer acting under the immediate supervision of a conservation officer may upon signal stop any conveyance and require the driver or occupant thereof to produce for inspection any permit or licence issued to him or her under this Act or the regulations.
94(3)Every person who fails to produce or carry a licence or permit on his person as required by subsection (2) or (2.1) commits an offence.
1983, c.33, s.22; 1985, c.42, s.12; 1991, c.43, s.23; 2004, c.12, s.39
Major and minor offences
95For the purposes of sections 96 to 99
“major offence” means an offence(infraction majeure)
(a) under subsection 3(2), paragraph 32(1)(a), (b), (c), (d.1) or (e) or 33(1)(a) or (b), section 46.1, subsection 50(1), paragraph 51(1)(a) or section 58,
(b) of taking or attempting to take
(i) salmon illegally by means of a net, spear, snare or explosive or by jigging, contrary to the provisions of the Fisheries Act (Canada) or the regulations under it, or
(ii) trout illegally by means of a net, contrary to the provisions of the Fisheries Act (Canada) or the regulations under it,
(c) under subsection 8(1.1) or (1.2) of the National Parks Act (Canada),
(d) under subsection 15(1) of the National Parks Fishing Regulations under the National Parks Act (Canada),
(e) under subsection 4(2), section 18 or subsection 23(1) of the National Parks Wildlife Regulations under the National Parks Act (Canada), or
(f) under section 28 of the Species at Risk Act or under the regulations made under paragraph 76(1)(b) of that Act;
“minor offence” means any offence under this Act or the regulations or under the Fisheries Act (Canada), the National Parks Act (Canada) or the regulations under either of those Acts, other than a major offence or an offence under paragraph 34(2)(b) or (3)(b) or section 57.1 of this Act.(infraction mineure)
1987, c.21, s.15; 1989, c.11, s.12; 1992, c.1, s.6; 1996, c.E-9.101, s.9; 1997, c.1, s.26; 2012, c.6, s.80
Cancellation of licence or permit – convicted under paragraph 34(3)(a) or subsection 46(1), (2) or (2.1)
95.1Where a person is convicted of an offence under paragraph 34(3)(a) or subsection 46(1), (2) or (2.1), every licence or permit held by the person under this Act shall be cancelled by the Minister effective from the date of conviction and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for a period of one year after the date of the conviction.
1989, c.11, s.13; 1991, c.43, s.24; 1997, c.1, s.27; 2008, c.49, s.13
Cancellation of licence or permit – convicted under paragraph 34(2)(b) or (3)(b) or section 57.1
95.2(1)Where a person is convicted of an offence under paragraph 34(2)(b) or (3)(b) or section 57.1, every licence or permit held by the person under this Act shall be cancelled by the Minister effective from the date of conviction, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for a period of three years after the date of the conviction.
95.2(2)Subject to subsection 98(2), where the Minister has cancelled a licence or permit for a period of three years under subsection (1) and the person in respect of whom the cancellation was made is convicted
(a) of one or more additional offences under paragraph 34(2)(b) or (3)(b) or section 57.1 during the three-year period of cancellation, the period of cancellation shall be extended consecutively by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, an additional period of three years for each such conviction, and
(b) of a minor offence during the three-year period of cancellation, the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, an additional period of one year.
95.2(3)The Director of Fish and Wildlife Law Enforcement shall cause the person referred to in subsection (2) to be notified of the disentitlement under that subsection.
1997, c.1, s.28; 2008, c.49, s.14
Cancellation of licence or permit – major offence
96Where a person is convicted of one major offence, every licence or permit held by him under this Act shall be cancelled by the Minister effective from the date of conviction, and he shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for a period of five years.
1991, c.43, s.25
Extension of cancellation period re section 96
96.1(1)Where the Minister has cancelled a licence or permit under section 96 and the person in respect of whom the cancellation was made is convicted
(a) of one or more offences under paragraph 34(2)(b) or (3)(b) or section 57.1 during the five-year period of cancellation, the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, an additional period of three years, and
(b) of a minor offence during the five-year period of cancellation, the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, an additional period of one year.
96.1(2)The Director of Fish and Wildlife Law Enforcement shall cause the person referred to in subsection (1) to be notified of the disentitlement under that subsection.
1987, c.21, s.16; 1991, c.43, s.26; 1997, c.1, s.29; 2008, c.49, s.15
Cancellation of licence or permit – two major offences
97(1)Where a person has been convicted of two major offences within a five year period, every licence or permit held by the person under this Act shall be cancelled by the Minister effective from the date of the second conviction, and, subject to subsection (2), the person shall not during the person’s lifetime be entitled to obtain or apply for a licence or permit issued under this Act.
97(2)Where ten years have elapsed from the date of the second conviction of a person referred to in subsection (1),
(a) the person whose licence or permit is cancelled may apply to the Minister requesting a review of the circumstances of the case; and
(b) the Minister may, on receipt of the application, review the circumstances of the case and remove the bar on future applications imposed by subsection (1).
1983, c.33, s.23; 1991, c.43, s.27; 2004, c.12, s.40
Cancellation of licence or permit – three offences
98(1)Where a person has been convicted of three minor offences within a period of five years, every licence or permit held by the person under this Act or the regulations shall be cancelled by the Minister effective from the date of the third conviction, and the person shall not be entitled to obtain or apply for a licence or permit under this Act or the regulations, for a period of two years.
98(2)Subject to subsection (1), where a person has, within a period of five years, been convicted of three offences consisting of any combination of minor offences and of offences under paragraph 34(2)(b) or (3)(b) or section 57.1, every licence or permit held by the person under this Act or the regulations shall be cancelled by the Minister effective from the date of the third conviction, and the person shall not be entitled to obtain or apply for a licence or permit under this Act or the regulations, for a period of two years, which shall be imposed consecutive to any period of cancellation that may be imposed on the person under section 95.1 or 95.2 at the time of or as the result of the third conviction.
1997, c.1, s.30
Cancellation of licence or permit – convicted under subsection 67(1) of the Crown Lands and Forests Act
98.1(1)Where a person is convicted of an offence under subsection 67(1) of the Crown Lands and Forests Act, every licence and permit held by the person under this Act shall be cancelled by the Minister effective from the date of conviction, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations
(a) for a period of one year after the date of the conviction, if the person was fined less than five thousand dollars in respect of the offence, and
(b) for a period of five years after the date of the conviction, if the person was fined five thousand dollars or more in respect of the offence.
98.1(2)Where the Minister has cancelled a licence or permit under subsection (1) and the person in respect of whom the cancellation was made is convicted of an offence under the Crown Lands and Forests Act or the regulations under that Act
(a) during the period referred to in paragraph (1)(a), the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, an additional period of five years, and
(b) during the period referred to in paragraph (1)(b), the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, the lifetime of the person.
98.1(3)The Director of Fish and Wildlife Law Enforcement shall cause the person referred to in subsection (1) or (2) to be notified of the disentitlement under those subsections.
98.1(4)Where ten years have elapsed from the date of the second conviction of a person referred to in paragraph (2)(b),
(a) the person whose licence or permit is cancelled may apply to the Minister requesting a review of the circumstances of the case, and
(b) the Minister may, on receipt of the application, review the circumstances of the case and remove the bar on future applications imposed by subsection (2).
2001, c.27, s.1; 2008, c.49, s.16
Cancellation of guide’s licence
99Where a person is convicted of a minor offence, or any offence under the Crown Lands and Forests Act other than an offence under subsection 67(1), and the person was the holder of a guide I or II licence at the time of the offence, every licence or permit held by the person under this Act shall be cancelled by the Minister effective from the date of conviction, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for a period of one year from the date of conviction.
1983, c.33, s.24; 2001, c.18, s.12; 2001, c.27, s.2; 2001, c.28, s.7; 2004, c.12, s.41
Cancellation of licence or permit and prohibition from obtaining or applying for a licence or permit
99.1(1)Where the Minister is satisfied that a person convicted of an offence under subsection 5.3(1) of the Clean Environment Act, subsection 12(1) or 15(1) of the Clean Water Act or subsection 6(2) of the Clean Air Act committed the offence within a protected natural area established under the Protected Natural Areas Act, or where a person is convicted of an offence under paragraph 11(a) or (b) or clause 12(a)(xiii)(A), (B) or (C) of the Protected Natural Areas Act, every licence and permit held by the person under this Act shall be cancelled by the Minister effective from the date of conviction, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations
(a) for a period of one year after the date of the conviction, if the person was fined less than five thousand dollars in respect of the offence, and
(b) for a period of five years after the date of the conviction, if the person was fined five thousand dollars or more in respect of the offence.
99.1(2)Where the Minister has cancelled a licence or permit under subsection (1) and the person in respect of whom the cancellation was made is convicted of an offence under the Protected Natural Areas Act or the regulations under that Act
(a) during the period referred to in paragraph (1)(a), the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, an additional period of five years, and
(b) during the period referred to in paragraph (1)(b), the period of cancellation shall be extended by, and the person shall not be entitled to obtain or apply for a licence or permit issued under this Act or the regulations for, the lifetime of the person.
99.1(3)The Director of Fish and Wildlife Law Enforcement shall cause the person referred to in subsection (1) or (2) to be notified of the disentitlement under those subsections.
99.1(4)Where ten years have elapsed from the date of the second conviction of a person referred to in paragraph (2)(b),
(a) the person whose licence or permit is cancelled may apply to the Minister requesting a review of the circumstances of the case, and
(b) the Minister may, on receipt of the application, review the circumstances of the case and remove the bar on future applications imposed by subsection (2).
2002, c.53, s.2; 2008, c.49, s.17
Conviction for more than one offence
100For the purposes of section 95.2, 97, 98, 98.1 or 99.1, where a person has been convicted of more than one offence arising out of a single incident such convictions shall be counted as a conviction for one offence.
1997, c.1, s.31; 2001, c.27, s.3; 2002, c.53, s.3
Prohibition from obtaining or applying for a licence or permit
100.1(1)In this section, “administered Act” means
(a) the Crown Lands and Forests Act;
(b) the Endangered Species Act;
(c) the Fish and Wildlife Act;
(d) the Forest Fires Act;
(e) the Protected Natural Areas Act;
(f) the Species at Risk Act; and
(g) the Transportation of Primary Forest Products Act.
100.1(2)If a person who is convicted of an offence created by an administered Act or the regulations under an administered Act fails to pay within the required time the full amount of the fine imposed for the offence, he or she is not entitled to obtain or apply for a licence or permit under this Act or the regulations under this Act until he or she pays the full amount of the fine.
100.1(3)Despite subsection (2), if a person is convicted of an offence referred to in section 95.1, 95.2, 96, 96.1, 97, 98, 98.1 or 99 or an offence under the Protected Natural Areas Act referred to in section 99.1, he or she is not entitled to obtain or apply for a licence or permit under this Act or the regulations under this Act until the later of the following:
(a) the date he or she pays the full amount of the fine imposed for the offence; and
(b) the expiration of the applicable period of time referred to in those sections.
2013, c.26, s.2
Cancellation for offences respecting firearms
101(1)Where, in the opinion of the Minister, a person has, while hunting, caused injury to himself or to another person, or caused death to another person, by discharging a firearm or by causing a firearm to be discharged, whether negligently or otherwise, the Minister may cancel any licence or permit issued under this Act which authorizes the person to carry a firearm.
101(2)Where a licence or permit is cancelled under subsection (1),
(a) the Minister shall give notice of the cancellation to the Director of Fish and Wildlife Law Enforcement, who shall cause a copy of the notice to be served upon the person whose licence or permit is cancelled; and
(b) the person whose licence or permit is cancelled is not entitled during that person’s lifetime to obtain or apply for a licence or permit which authorizes that person to carry a firearm, unless
(i) after the expiration of five years from the cancellation, the person makes application to the Minister requesting the removal of the bar on future applications,
(ii) the person has not been convicted of any subsequent offence involving a firearm,
(iii) the Minister, on receipt of the application, reviews the circumstances of the case and removes the bar on future applications, and
(iv) the person successfully passes an approved hunter safety test.
1983, c.33, s.25; 1987, c.21, s.17; 1989, c.11, s.15; 2008, c.49, s.18
Service of notice
102(1)Where a licence has been cancelled under section 95.1, 95.2, 96, 97, 98, 98.1 or 99.1, the Director of Fish and Wildlife Law Enforcement shall cause the cancellation notice to be served on the person.
102(2)Any notice, order or other document required to be served under this Act may be served personally or sent by registered mail to the person at the address at which he resides, and when sent by registered mail shall be deemed to have been received by the person not later than the seventh day after the day of mailing.
1987, c.21, s.18; 1989, c.11, s.14; 1997, c.1, s.32; 2001, c.27, s.4; 2002, c.53, s.4; 2008, c.49, s.19
Persons not entitled to apply for licence
103Every person who is not entitled to apply for or obtain a licence and who
(a) obtains or causes to be issued to him any licence; or
(b) does anything without the required licence;
commits an offence.
1987, c.21, s.19
PENALTIES
Penalties
104(1)Unless otherwise provided by this Act, every person who commits an offence under this Act is liable on conviction to a fine of an amount not less than the minimum or more than the maximum amount prescribed for the offence in Schedule A.
104(2)In addition to the penalties provided for by subsection (1), every person convicted of an offence
(a) under subsection 3(2), paragraph 32(1)(a), (b) or (d.1) or 33(1)(a) or (b), section 46.1, paragraph 51(1)(a) or section 58 shall be imprisoned for a term of
(i) seven days for the first offence; and
(ii) two months for a second or subsequent offence;
(b) under paragraph 32(1)(c) or 32(1)(e) shall be imprisoned for a term of
(i) one month for a first offence; and
(ii) two months for a second or subsequent offence;
(c) under section 50, shall be imprisoned for a term of not less than seven days and not more than one month.
104(3)Every person convicted of an offence under this Act for which no penalty is prescribed elsewhere in this Act is liable upon conviction to a fine of not less than fifty dollars and not more than three hundred dollars.
104(4)Every person who violates any of the provisions of this Act or the regulations that is not otherwise stated to be an offence commits an offence and is liable upon conviction to a fine of not less than one hundred dollars and not more than five hundred dollars.
104(5)Where a person convicted of an offence under subsection 3(2), paragraph 32(1)(a), (b), (c), (d.1) or (e) or 33(1)(a) or (b), section 46.1, paragraph 51(1)(a) or section 58 has previously been convicted of an offence under any of those provisions, that previous conviction shall be deemed to be, for the purposes of determining the punishment to which a person is subject under subsection (1) or (2), a first offence.
1983, c.33, s.26; 1986, c.38, s.4; 1987, c.21, s.20; 1989, c.11, s.16; 1990, c.22, s.15; 1992, c.1, s.7; 1993, c.24, s.4; 1997, c.1, s.33; 2004, c.12, s.42
Penalty where limit exceeded
105Notwithstanding subsections 104(1) and (3), where a person has committed an offence under this Act and the evidence adduced at the trial or upon a plea of guilty by such person discloses that the offence was committed with respect to more than the number of animals, birds or fish of the same species of wildlife or fish that the person was authorized to hunt, trap, snare or angle, the maximum fine to which the person is liable on conviction is the maximum fine prescribed for the offence in subsection 104(1) or (3) multiplied by the number of animals, birds or fish of the same species of wildlife or fish with respect to which the offence was committed.
1983, c.33, s.27; 1990, c.22, s.15; 1991, c.43, s.28; 1997, c.1, s.34
Judicial orders
105.1(1)When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:
(a) to refrain from doing anything that may result in the continuation or repetition of the offence,
(b) to take any action the judge considers appropriate to remedy any harm to any species of fish or wildlife, or both, or their habitat that has resulted, is resulting or may result from the act or omission that constituted the offence,
(c) to perform community service,
(d) to pay money for the purpose of promoting the proper management and control or conservation and protection of fish or wildlife, or both, or their habitat,
(e) to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section, or
(f) to comply with any other direction or condition the judge considers appropriate in the circumstances.
105.1(2)Where a judge makes an order under paragraph (1)(d) directing a person to pay money, the money shall be deposited to the credit of the Wildlife Trust Fund.
105.1(3)An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
105.1(4)The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed five years.
2001, c.18, s.13
PROSECUTIONS
Laying of an information
106(1)Proceedings in respect of an offence under this Act may be commenced only by a conservation officer.
106(2)Proceedings in which a non-resident is charged with an offence under this Act may be commenced within fifteen months after the time the offence was committed.
1987, c.21, s.21; 1990, c.22, s.15; 2004, c.12, s.43
Application for extension of limitation period
106.1(1)Notwithstanding section 95 of the Provincial Offences Procedure Act, a conservation officer may, on oath or solemn affirmation, apply to a judge for, and the judge, considering the nature of the investigation into the offence, may grant, an extension of the limitation period within which proceedings may be commenced in relation to a resident, but in no case shall the limitation period extend beyond two years after the date on which the offence was, or is alleged to have been, committed.
106.1(2)An application may be made under subsection (1) either before or after the expiration of the limitation period under section 95 of the Provincial Offences Procedure Act.
106.1(3)Where an application is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the judge considers appropriate, be placed in a packet and sealed by the judge and shall not be dealt with except in accordance with any terms and conditions specified by the judge.
2001, c.18, s.14; 2004, c.12, s.44
Repealed
107Repealed: 1987, c.4, s.7
1987, c.4, s.7
Evidence – carcass, trap or snare, poison
108(1)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(a), it is proven that the person charged or any person accompanying the person charged had in his possession the carcass of a bear, moose or deer or any part thereof in such a condition as to have been taken during the closed season such evidence shall be prima facie proof that he did hunt the bear, moose or deer the whole or a portion of which he or any person accompanying him is found in possession.
108(1.1)Where, on the prosecution of a person with respect to an offence under paragraph 34(2)(b) or (3)(b), it is proven that the person charged or any person accompanying the person charged had possession of all or any portion of the carcass of a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in such a condition as to have been taken during the closed season, such evidence shall be proof in the absence of evidence to the contrary that the person did hunt, trap or snare the beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in question during the closed season.
108(2)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(c), it is proven that the person charged or any person accompanying the person charged had in his or her possession
(a) the carcass of a bear, moose or deer or any part thereof in such a condition as to have been taken by means of a trap or snare, or
(b) in a resort of wildlife, a trap or snare capable of or designed for the purpose of entrapping or ensnaring a bear, moose or deer,
such evidence shall be prima facie proof that the person was hunting bear, moose or deer by means of a trap or snare.
108(2.1)Where, on the prosecution of a person with respect to an offence under paragraph 34(3)(b), it is proven that the person charged or any person accompanying the person charged had possession of
(a) all or any portion of the carcass of a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in such a condition as to have been taken by means of a trap or snare, or
(b) in a resort of wildlife, a trap or snare capable of or designed for the purpose of entrapping or ensnaring a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox,
such evidence shall be proof in the absence of evidence to the contrary that the person was trapping or snaring beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, as the case may be.
108(3)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(e), it is proven that the person charged or any person accompanying the person charged had in his possession
(a) the carcass of any wildlife or fish in such a condition as to have been poisoned, and
(b) a poison of the same type used to kill the wildlife or fish referred to in paragraph (a),
such evidence shall be prima facie proof that he did poison the wildlife or fish of which he or any person accompanying him is found in possession.
1983, c.4, s.7; 1991, c.43, s.29; 1992, c.1, s.8; 1993, c.24, s.5; 1997, c.1, s.35
Evidence – firearm, device to enable person to see in darkness, light
109(1)Where on the prosecution of a person with respect to an offence under paragraph 33(1)(a), it is proven that the person charged or any person accompanying the person charged during the night, in a resort of wildlife at which the offence is alleged to have been committed
(a) carried, pointed or discharged a firearm,
(b) was in possession of a firearm, whether loaded or unloaded in a manner contrary to subsection 42(4) of this Act and in such a state of readiness as to be immediately available for use, or
(c) used a device designed to enable a person to see in darkness without the aid of a light in such a manner as to locate wildlife,
such evidence shall be prima facie proof that he was hunting.
109(2)Where on the prosecution of a person with respect to an offence under paragraph 33(1)(b), it is proven that the person charged or any person accompanying the person charged used, at the time and place when and where such offence is alleged to have been committed, a light capable of attracting or locating wildlife in such a manner as to locate or attract wildlife, such evidence shall be prima facie proof that he was hunting.
1983, c.4, s.7
Evidence – sunrise and sunset times
2021, c.12, s.6
109.1 In a prosecution for an offence under this Act or the regulations, the following documents are admissible in evidence and are proof, in the absence of evidence to the contrary, of their contents respecting the time of sunrise or the time of sunset in a given area on a given day, without proof of the appointment, authority or signature of the person purporting to have certified or signed them: 
(a) a written confirmation purporting to be certified by the Herzberg Astronomy and Astrophysics Research Centre, National Research Council of Canada; and
(b) a certificate purporting to be signed by a climatologist or a climatology specialist employed by Environment and Climate Change Canada.
2021, c.12, s.6
Certificate as evidence
110In a prosecution or proceeding under this Act in which proof is required with regard to
(a) the issuance, holding, replacement, substitution, amendment, suspension, reinstatement, cancellation, renewal or other status of a licence,
(b) the person who is the licensee or permittee named in a licence,
(c) the delivery, serving or mailing of any document or the giving of any notice by an official of the Department, or
(d) whether or not any required return has been received by the Department,
a certificate purporting to be signed by the Director of Fish and Wildlife or the Director of Fish and Wildlife Law Enforcement certifying thereto is, without proof of his appointment or signature, prima facie proof of the facts stated in the certificate.
1987, c.21, s.22; 1997, c.1, s.36; 2008, c.49, s.20
Onus of proof of holder of licence
111Whenever by this Act it is made an offence to do any act without holding a licence, the onus in any prosecution shall be upon the person charged to prove that he was the holder of such licence.
Onus of proof of guide
112On a prosecution of a person with respect to an offence under paragraph 19(1)(b) the onus shall be upon the person charged to prove that the person whom he was accompanying as a guide was the holder of a proper licence.
1997, c.1, s.37
Onus of proof of non-resident
113Where, on the prosecution of an offence under this Act, it is alleged that the person charged is a non-resident, the onus is upon the person charged to prove that he is a resident.
1997, c.1, s.38
MISCELLANEOUS
Powers of the Minister
114The Minister may
(a) offer a reward, not exceeding five hundred dollars, for information leading to the apprehension and conviction of any person violating any of the provisions of this Act;
(b) order that the amount of such reward be paid to the person entitled thereto out of the Consolidated Fund.
(c) Repealed: 2005, c.2, s.1
1983, c.33, s.28; 2005, c.2, s.1
Regulations respecting qualified technician
114.1(0.1)The Minister may appoint persons, who, in his or her opinion, have received suitable training to be qualified technicians for the purposes of this section.
114.1(1)The Lieutenant-Governor in Council may by regulation prescribe the procedures to be used by a qualified technician in the analysis or examination of the following:
(a) a portion of meat, tissue or body fluid of any species of wildlife or fish;
(b) a firearm;
(c) ammunition;
(d) a substance; and
(e) any other thing prescribed by regulation.
114.1(2)Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a procedure prescribed by regulation, analyzed or examined any of the things listed in paragraphs (1)(a) to (e) and stating the result of the qualified technician’s analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
114.1(3)A certificate referred to in subsection (2) shall not be received in evidence unless the party intending to produce it has, before the trial, given to the person charged in respect of whom the certificate is to be produced, reasonable notice of his intention together with a copy of the certificate.
114.1(4)An accused person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the qualified technician who has issued the certificate for the purposes of cross-examination.
1983, c.33, s.29; 1986, c.38, s.5; 2004, c.12, s.45; 2005, c.2, s.2
Minister may extend closed season
115(1)The Minister may
(a) by order
(i) extend the closed season beyond the time fixed by the regulations; and
(ii) provide that the extension of the closed season continue during the period of time prescribed by the order; and
(b) by order, prohibit or restrict hunting or angling during the open season for the period of time prescribed by the order,
where he considers it necessary for the protection of the forests on account of fire hazard.
115(2)Where an order is made under subsection (1), the order shall
(a) define the portion or portions of the Province over and in regard to which the order applies; and
(b) be published
(i) in The Royal Gazette; and
(ii) in such public newspapers as the Minister considers necessary.
115(3)Every order made under subsection (1) shall have the same effect as if enacted in this Act and a violation thereof shall be punished in like manner as a violation in the closed season as provided by this Act or the regulations.
Salmon to be taken by fly fishing
116Except as otherwise authorized by the Fisheries Act (Canada), no person shall take or attempt to take an Atlantic salmon in Provincial waters by any means other than by fly fishing.
1983, c.33, s.30; 1997, c.1, s.39
Agreement with other governments or persons
117The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement with Canada, a provincial government or a person for the purpose of providing for the better use and management of the fish and wildlife of the Province.
Regulations
118(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the prohibition of hunting, trapping, snaring or the taking of any fish or wildlife, declaring within what period and in what manner the same may be hunted, trapped, snared or taken, and prescribing the maximum number of animals, birds or fish of any species of fish or wildlife and in any described area that a person may take in any one day, year or season;
(a.01) establishing, or delegating to the Minister the authority to establish, an annual quota for a species of wildlife that may be hunted in the Province or within a described area of the Province;
(a.1) respecting the posting of signs on land for the purposes of section 80;
(a.2) defining “signs” for the purposes of section 80;
(a.3) respecting the signs to be posted on land for the purposes of section 80;
(b) respecting the application for, the issuance, holding, replacement, substitution, amendment, suspension, reinstatement and renewal of and any other matter in relation to the status of licences or classes of licences issued under this Act or the regulations;
(b.1) respecting the number of licences or classes of licences that may be issued under this Act or the regulations;
(b.2) prescribing the licences for the purposes of subsection 82.1(1);
(b.3) respecting registration under section 82.1, including the manner in which and the procedure and terms and conditions under which a person may be registered, the information required to be submitted for the purposes of registration, prescribing different classes of registrants, the provision of a unique identification number to those required to register and the requirements for the use of that number, as well as the renewal, suspension and cancellation of registrations;
(c) respecting the protection, management and scientific study of any fish or wildlife;
(d) setting apart and designating as wildlife refuges, wildlife management areas or wildlife management zones any land within the Province;
(e) respecting the proper management of wildlife refuges, wildlife management areas or wildlife management zones;
(e.1) respecting the Wildlife Trust Fund, including without limiting the generality of the foregoing, respecting the establishment of the Wildlife Trust Fund, the trustee of the Wildlife Trust Fund, the money to be paid into the Wildlife Trust Fund and the purposes for which payments may be made out of the Wildlife Trust Fund;
(e.2) respecting the Wildlife Council, including without limiting the generality of the foregoing, respecting the establishment of the Wildlife Council, the composition of and appointments to the Wildlife Council, the term of office of members of the Wildlife Council, the appointment of a chairperson and vice-chairperson of the Wildlife Council, the duties and responsibilities of the Wildlife Council and the remuneration of and reimbursement of expenses of the members of the Wildlife Council;
(f) respecting the establishment, operation, and maintenance of pheasant preserves, and the posting of boundaries of pheasant preserves;
(g) respecting the protection of pheasant preserves and wildlife within the boundaries of pheasant preserves and prescribing the minimum and maximum area for pheasant preserves;
(h) Repealed: 1997, c.1, s.40
(h.1) respecting the keeping in captivity or the protection, raising or killing of any exotic wildlife within the boundaries of pheasant preserves or the release, hunting, trapping or snaring of any exotic wildlife under the authority of a pheasant preserve licence, including the adoption for those purposes, and the application to such purposes, activities or exotic wildlife or to the holders of such licences, of any regulations made under this Act in relation to the keeping, protection, raising, killing, release, hunting, trapping or snaring of other wildlife;
(h.2) respecting the exemption of the holders of pheasant preserve licences from the operation of all or any portion of section 38, 38.1 or 90.1, in relation to any purpose, any activity or any exotic wildlife referred to in paragraph (h.1);
(h.3) respecting the hunting, trapping, snaring, removal or relocation of wildlife for the purposes of subsection 34(4);
(h.4) respecting the establishment, management and operation of nuisance wildlife control enterprises;
(h.5) respecting the species or subspecies of wildlife that may be captured, obtained, kept, taken, killed, released or otherwise handled under section 90;
(i) respecting the establishment, management and operation of a wildlife farm on Crown Lands or other lands;
(j) respecting the better management and regulation of Crown waters and the fishing rights pertaining thereto;
(k) respecting the importation into the Province of any fish, wildlife, exotic fish, or exotic wildlife, and prohibiting such importation;
(k.1) excluding from the operation of paragraph 38.1(1)(a) or (b) species or subspecies of exotic wildlife;
(l) respecting the prevention of the destruction of fish;
(l.1) prohibiting the possession of live fish in the Province;
(l.2) prescribing exceptions to the prohibition of the possession of live fish in the Province;
(m) Repealed: 2001, c.28, s.8
(n) Repealed: 2001, c.28, s.8
(o) respecting the issuing of angling leases;
(o.1) respecting the terms and conditions of angling leases issued to a lessee other than a band;
(o.2) respecting the terms and conditions of angling leases issued to a band;
(p) prescribing the waters for which an angling licence is valid;
(q) prescribing tagging requirements for any species of fish or wildlife;
(r) respecting standards, terms, conditions or grounds applying in relation to the refusal, issuance, holding, replacement, substitution, amendment, suspension, renewal or reinstatement of licences or classes of licences under this Act or the regulations or delegating the authority to establish such standards, terms, conditions or grounds to the Minister, or to an association of persons or a corporation having a special interest respecting the licences;
(s) Repealed: 1997, c.1, s.40
(t) respecting the use of guides by non-resident hunters or anglers;
(u) prescribing the colour of external garments and headgear to be worn by hunters and guides accompanying hunters during any open season for any species of wildlife;
(v) respecting the establishment and operation of wildlife registration stations, the examination and tagging of wildlife at such stations and the issuance of registration permits;
(w) respecting the use of, assistance or accompaniment by or training of any dog or type or breed of dog by a person or by an association of persons for any of the purposes described in subsection 33(2), including establishing the species or subspecies of any wildlife or exotic wildlife, except bear, moose or deer, that may be hunted or used for any of the purposes set out in paragraphs 33(2)(a) and (b);
(w.01) specifying the periods during which the dog training referred to in paragraph 33(2)(b) may take place;
(w.02) respecting the showing, training, testing or approving referred to in section 33.2 of any dog or type or breed of dog by a person or by an association of persons, including establishing the species or subspecies of any wildlife or exotic wildlife, except bear, moose or deer, that may be used for the purposes of a field trial;
(w.1) respecting the buying, the offering for sale or barter or the sale or barter of parts of the carcass of wildlife;
(w.2) prescribing the parts of the carcass of wildlife that may be offered for sale or bartered or that may be sold or bartered;
(w.3) respecting the exportation of pelts, hides or parts of the carcass of wildlife;
(x) Repealed: 1997, c.1, s.40
(y) Repealed: 1997, c.1, s.40
(z) prescribing containers and the manner of sealing containers for the purpose of paragraph 57(1)(g);
(aa) prescribing a hunter safety test;
(aa.01) prescribing any other thing for the purposes of section 114.1;
(aa.1) Repealed: 1997, c.1, s.40
(bb) respecting fees for the purposes of this Act and the regulations including conservation fees to be paid on the application for or purchase of licences issued under this Act or the regulations;
(cc) respecting forms for the purposes of this Act and the regulations;
(cc.1) defining any word or expression used in but not defined in this Act;
(dd) generally for the better administration of this Act.
118(1.1)A regulation under paragraph (1)(e.1) or (e.2) may be made retroactive to any date, including a date before the commencement of this subsection.
118(2)Repealed: 1983, c.8, s.12
1983, c.8, s.12; 1983, c.33, s.31; 1987, c.21, s.23; 1988, c.60, s.10; 1990, c.5, s.5; 1991, c.43, s.30; 1992, c.1, s.9; 1997, c.1, s.40; 2001, c.18, s.15; 2001, c.28, s.8; 2005, c.2, s.3; 2008, c.49, s.21; 2014, c.23, s.9; 2021, c.12, s.7
Transitional
119For the period of thirty days after the coming into force of this Act,
(a) every deputy game warden under the Game Act, chapter G-1 of the Revised Statutes of New Brunswick, 1973, holding office immediately prior to the coming into force of this Act is a game warden for the purposes of this Act;
(b) every special game warden under the Game Act, chapter G-1 of the Revised Statutes of New Brunswick, 1973, holding office immediately prior to the coming into force of this Act is a deputy game warden for the purposes of this Act; and
(c) every riparian fish warden and every special fish warden under the Fisheries Act, chapter F-15 of the Revised Statutes of New Brunswick, 1973, holding office immediately prior to the coming into force of this Act is an assistant game warden for the purposes of this Act.
Repeal of certain Acts
120The Game Act, chapter G-1 of the Revised Statutes, 1973 and the Fisheries Act, chapter F-15 of the Revised Statutes, 1973 are repealed.
SCHEDULE A
  Penalties
Section
Minimum
Maximum
3(2)
First Offence
Second or
Subsequent Offence
$2,000
3,000
$4,000
5,000
 
13(1)
100
500
 
16
100
300
 
18(1)
100
300
 
19(1)
100
300
 
20(2)
First Offence
Second or
Subsequent Offence
100
200
300
500
 
32(1)(a)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
32(1)(b)
2,000
4,000
 
32(1)(c)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
32(1)(d)
100
500
 
32(1)(d.1)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
32(1)(e)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
33(1)(a)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
33(1)(b)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
33(1)(c)
300
800
 
34(2)(a)
100
300
 
34(2)(b)
1,000
2,000
 
34(2)(c)(i)
100
300
 
34(2)(c)(ii)
100
300
 
34(3)(a)
200
500
 
34(3)(b)
1,000
2,000
 
36
100
300
 
37(1)
50
300
 
37(2)
50
200
 
38(1)
50
300
 
38(2)
100
300
 
39(b)
100
300
 
39.1(1)
100
300
 
40(a)
100
300
 
40(b)
100
300
 
41
50
200
 
42(1)(a)
50
200
 
42(1)(b)
100
300
 
42(1)(c)
100
300
 
43(1)(a)
100
300
 
43(1)(b)
50
300
 
43(1)(d)
100
300
 
43(1)(e)
100
300
 
43.1(a)
100
500
 
43.1(b)
100
500
 
43.1(c)
100
500
 
43.1(d)
100
500
 
43.1(e)
100
500
 
43.2(a)
100
500
 
43.2(b)
100
500
 
43.2(c)
100
500
 
43.2(d)
100
500
 
44(1)
100
500
 
45
100
300
 
46
1,000
2,000
 
46.1
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
47.1
100
300
 
48(1)
100
300
 
50(1)
2,000
No
Maximum
 
51(1)(a)
First Offence
Second or
Subsequent Offence
2,000
3,000
4,000
5,000
 
51(1)(b)
100
500
 
52(a)
300
800
 
52(b)
300
800
 
54(a)
100
500
 
54(b)
100
500
 
56(1)(a)
100
500
 
56(1)(b)
First Offence
Second or
Subsequent Offence
100
200
300
500
 
56(2)
100
500
 
57
First Offence
Second or
Subsequent Offence
100
200
300
500
 
57.1
500
1,000
 
58
First Offence
Second or
Subsequent Offence
1,000
1,500
2,000
2,500
 
60
100
300
 
61
100
300
 
62
100
300
 
70(2)
100
300
 
74(1)
100
300
 
77
50
300
 
80(6)
100
300
 
80(8)
100
300
 
81(1)
100
300
 
81(2)
100
300
 
81(3)
100
300
 
81(4)
100
300
 
82
100
300
 
93(1)
100
300
 
93(2)
100
300
 
94(1)
100
300
 
94(3)
50
200
 
103(a)
First Offence
Second or
Subsequent
Offence
200
500
500
800
 
103(b)
First Offence
Second or
Subsequent
Offence
200
500
500
800
1983, c.33, s.32; 1986, c.38, s.6; 1987, c.21, s.24; 1988, c.60, s.11; 1989, c.11, s.17; 1992, c.1, s.10; 1993, c.24, s.6; 1997, c.1, s.41; 2008, c.49, s.22; 2011, c.10, s.5
N.B. This Act is consolidated to June 16, 2023.