This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 Wild Life Regulations (Amendment) (Filed
November 1, 1999) Under the
authority of section 7 of the Wild Life
Act, the Lieutenant-Governor in Council makes the following regulations. Dated at John R.
Cummings, Q.C. REGULATION Analysis 1.
S.2 Amdt. 2. Ss.36.1 & 36.2 Added 3. S.37 Amdt. 4. S.45 Amdt. 5. S.65 Amdt. 6. S.69 Amdt. 7 S.70 Amdt. 8. S.97 Amdt. 9. S.101 Amdt. 10. S.103 R&S 11. S.107 Amdt. CNR 1156/96 1. (1) Section 2 of the Wild Life Regulations is amended by adding immediately after
paragraph (d.1) the following: (d.2) "designated
hunter" means a resident who has completed a recognized hunter training
course who is designated by a disabled hunter to shoot and retrieve a big game
animal of the kind and sex named on the disabled hunter's licence, but does not
include a person who is prohibited by the court from possessing a firearm or
holding a game licence; (d.3) "disabled
hunter" means a resident of the province who is (i) permanently legally blind, or (ii) permanently mobility impaired who holds a
valid big game licence issued by the minister; (2) Section
2 of the regulations is amended by adding immediately after paragraph (o) the
following: (o.1) "permanently
legally blind" means a condition in which a person (i) who has no better than 20/200 vision, that is, he or she, with the
best possible correction can see less at 6 metres than a person with normal
vision can see at 61 metres, or (ii) whose greatest diameter of the field of vision in both eyes is less
than 20°; (o.2) "permanently
mobility impaired" means a condition in which a person has a permanent
physical impairment of the lower limbs which severely restricts mobility to the
effect that he or she is unable to walk more than 50 metres without the use of
a cane or other assistive device; 2. The regulations are amended by inserting
immediately after section 36 the following: Training course required 36.1 (1) A person, including a disabled hunter (a) who
intends to hunt for the first time; or (b) who
has not completed a recognized hunter training course, shall,
before becoming eligible for a big game licence draw, complete the Firearm
Safety/Hunter Education Program, or a similar hunter training course or program
in another jurisdiction that is recognized by the minister. (2) Notwithstanding
subsection (1), a disabled hunter who is permanently legally blind may be
exempted from the standard testing in the Firearm Safety/Hunter Education
Program which requires vision to perform if he or she provides a certificate
from a qualified medical practitioner certifying that he or she is permanently
legally blind. Disabled hunters 36.2 (1) The minister may, upon application from a disabled hunter, issue a
big game licence under section 35. (2) A
disabled hunter (a) who
is permanently legally blind shall; or (b) who
is permanently mobility impaired may specify one
designated hunter to shoot and retrieve the type and sex of big game animal
named on the disabled hunter's licence. (3) A
designated hunter shall (a) keep
the disabled hunter within sight at all times; and (b) possess
the licence and tags of a disabled hunter at all reasonable times while
hunting. (4) Notwithstanding paragraph (3)(a), a designated hunter is not required to keep the disabled hunter within sight when that designated hunter is in pursuit of an animal that he or she has injured. (5) A
person may not be specified as a designated hunter more than once in a season. 3. Subsection 37(2) of the regulations is amended
by adding immediately after the reference "subsection 35(12)" the
word and reference "or 36.2(4)". 4. Subsection 45(1) of the regulations is amended
by adding immediately after subparagraph (b)(i) the following: (i.1) a person who has been specified as a designated hunter by a
disabled hunter who holds a big game licence where the big game animal has been
taken in accordance with these regulations, 5. Section 65 of the regulations is amended by
renumbering it as subsection 65(1) and by adding immediately after that the following: (2) Subsection
(1) includes a disabled hunter notwithstanding the fact that a designated
hunter has performed the actual killing of the moose or caribou. 6. Section 69 of the regulations is amended by
adding immediately after subsection (5) the following: (6) In
this section, a person who has killed game includes a disabled hunter who
specifies a designated hunter under these regulations. 7. Section 70 of the regulations is amended by
adding immediately after subsection (3) the following: (4) In
this section, a holder of a big game licence includes a disabled hunter. 8. Section 97 of the regulations is amended by
adding immediately after subsection (2) the following: (3) Subsection
(2) does not apply to a disabled hunter who has specified a designated hunter
to hunt for him or her under a valid big game licence. 9. Subsection 101 of the regulations is amended by
adding immediately after subsection (3) the following: (4) In this section, "transfer" does not include the possession of a disabled hunter's licence by a designated hunter as required by subsection 36.2(3). 10. Section
103 of the regulations is repealed and the following substituted: Exception 103. Notwithstanding
section 102, the minister or his or her agent may issue a permit (a) to
individuals or organizations participating in dog field trials or dog field
training; or (b) to
a disabled hunter whose use of a seeing eye dog is necessary for mobility, subject to any
conditions that may be included in the permit. 11. Section
107 of the regulations is amended by adding immediately after subsection (4)
the following: (4.1) Notwithstanding
subsection (4), a disabled hunter who is permanently legally blind shall not
carry, transport, possess or use a firearm for the purpose of hunting. ©Earl G. Tucker, Queen's Printer |