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This is an official version. Copyright ©2023: Kings's Printer, Important Information
Newfoundland and Labrador NEWFOUNDLAND Wild Life Regulations (Amendment) (Filed August 25, 2023) Under the authority of section 7 of the Wild Life Act, the minister, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, August 25, 2023. Elvis Loveless Krista Quinlan REGULATIONS Analysis 1.
S.2 Amdt. 2.
S.3 Amdt. 3.
S.6 Amdt. 4.
S.6.1 Amdt. 5.
S.9.2 Amdt. 6.
S.17 Amdt. 7.
S.18 R&S 8.
S.21 Amdt. 9.
S.22 Amdt. 10.
S.24 Amdt. 11.
S.26 Amdt. 12.
S.27 Amdt. 13.
S.28 Amdt. 14.
S.29 Amdt. 15.
S.30 Amdt. 16.
S.35 Amdt. 17.
S.36.2 Amdt. 18.
S.37 Amdt. 19.
S.39 Amdt. 20.
S.42 Amdt. 21.
S.45 Amdt. 22.
S.64 Rep. 23.
S.66 Amdt. 24.
S.70 Amdt. 25.
S.72 Amdt. 26.
S.74 Amdt. 27.
S.76 Rep. 28.
S.77 Rep. 29.
S.78 Amdt. 30.
S.81 Amdt. 31.
S.81.3 Amdt. 32. Part V.2 Added PART
V.2
game 33.
S.85 Amdt. 34.
S.86 Amdt. 35.
S.87 R&S 36.
S.88 Amdt. 37.
S.90 R&S 38.
S.91 Amdt. 39.
S.91.1 Amdt. 40.
S.93 Amdt. 41.
S.97 Amdt. 42.
S.99 Amdt. 43.
S.101.3 Amdt. 44.
S.101.4 Amdt. 45.
S.103 Amdt. 46.
S.105 Amdt. 47.
S.107 Amdt. 48.
S.111.1 Amdt. 49.
S.113 Amdt. 50. Commencement CNLR 1156/96 1. (1) Subparagraph 2(k.1)(i) of the Wild Life Regulations is amended by deleting the words "he or she" and substituting the words "the person". (2) Paragraph 2(l) of the regulations is repealed and the following substituted: (l) "licensed guide" means the holder of a guide's licence issued to the holder and valid under the Guides Regulations, 1998; (3) Section 2 of the regulations is amended by adding immediately after paragraph (o) the following: (o.01) "prepared meal" means a meal that is either cooked or prepared in another manner that does not require further preparation before it can be consumed; 2. Subsection 3(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's". 3. (1) Subsection 6(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the person". (2) Subsection 6(3) of the regulations is amended by deleting the words "his or her tag" and substituting the words "a tag issued with the licence". 4. Section 6.1 of the regulations is amended by (a) deleting the words "his or her" and substituting the words "the person's"; and (b) deleting the words "he or she" and substituting the words "the person". 5. Section 9.2 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the word "the". 6. Section 17 of the regulations is amended by deleting the words "to him or her". 7. Section 18 of the regulations is repealed and the following substituted: Licences to be carried on person 18. The holder of a trapper's licence, trapper's beaver licence or beaver trapline licence shall not trap, take or kill any fur bearing animal unless the holder has the licence on the holder's person. 8. Section 21 of the regulations is amended by deleting the words "his or her" and substituting the words "the person's". 9. Section 22 of the regulations is amended by deleting the words "his or her" and substituting the words "the person's". 10. (1) Subsection 24(1) of the regulations is amended by deleting the words "him or her" and substituting the words "the holder". (2) Subsection 24(3) of the regulations is amended by (a) deleting the words "terminates his or her residence in" and substituting the words "ceases to be a resident of"; and (b) deleting the words "he or she leaves" and substituting the words "leaving". 11. Subsection 26(3) of the regulations is amended by deleting the words "have in his or her possession between the dates specified in the licence", substituting the words "possess, between the dates specified in the licence" and by adding a comma immediately following those words. 12. (1) Subsection 27(3) of the regulations is amended by (a) deleting the words "his or her" wherever they appear and substituting the word "the"; and (b) deleting the words "he or she" wherever they appear and substituting the words "the applicant". (2) Subsection 27(4) of the regulations is amended by deleting the word "licensee" and substituting the word "holder". (3) Subsection 27(5) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the minister". (4) Subsection 27(6) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the minister". (5) Subsection 27(8) of the regulations is repealed and the following substituted: (8) A person other than the holder of a beaver trapline licence may not hunt, trap, take or possess any beaver in any trapline area but where the holder is unable to carry out the holder's trapline operations because of illness or other reasons, the minister may, upon application of the holder, authorize another party to take or possess beaver in or over the trapline area on behalf of the holder. (6) Subsection 27(9) of the regulations is amended by deleting the words "him or her" and substituting the words "the holder". (7) Subsection 27(10) of the regulations is amended by deleting the words "him or her" and substituting the words "the holder". (8) Subsection 27(11) of the regulations is amended by deleting the words "his or her" and substituting the word "the holder's". (9) Subsection 27(12) of the regulations is amended by deleting the words "he or she" and substituting the words "the minister". (10) Subsection 27(13) of the regulations is amended by (a) deleting the words "renew his or her" and substituting the words "renew that"; and (b) deleting the words "renewal of his or her" and substituting the words "renewal of the". (11) Subsection 27(14) of the regulations is amended by (a) deleting the words "his or her" and substituting the word "the"; and (b) deleting the word "licences" and substituting the word "licence". (12) Subsection 27(15) of the regulations is amended by (a) deleting the words "he or she" and substituting the words "the minister"; and (b) deleting the words "him or her" and substituting the words "the holder". (13) Subsection 27(16) of the regulations is amended by deleting the words "him or her" and substituting the words "the holder". (14) Subsection 27(17) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 13. Section 28 of the regulations is amended by deleting the words "him or her" and substituting the words "the holder". 14. Section 29 of the regulations is amended by (a) deleting
the words "taken by him or her" and substituting the words
"taken by the person"; and (b) deleting the words "issued to him or her" and substituting the words "issued to that person". 15. Section 30 of the regulations is amended by deleting the words "his or her" and substituting the words "the fur dealer's or buyer's". 16. (1)
Subsection 35(6) of the regulations is amended by deleting the words "This
subsection does not prevent the holder of either of these licences" and
substituting the words "Subsection (5) does not
prevent the holder of either of the licences referred to in subsection (5)". (2) Subsection
35(10) of the regulations is amended by deleting the words "possession of
that person until he or she" and substituting the words "the possession
of that person until the person". (3) Subsection 35(13) of the regulations is amended by (a) deleting the words "he or she" and substituting the words "the holder"; and (b) deleting the words "his or her" and substituting the words "the holder's". 17. Subsection 36.2(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the designated hunter". 18. Subsection 37(1) of the regulations is amended by deleting the words "him or her" and substituting the words "the person". 19. Subsection 39(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's". 20. Subsection 42(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 21. (1) Subsection 45(1) of the regulations is repealed and the following substituted: Traffic in big game 45. (1) Subject to subsections (4) to (7) and sections 46, 52, 58, 68 and 81.4, a person shall not (a) sell, purchase, offer to sell or purchase or otherwise traffic in a big game animal or parts of a big game animal; or (b) have possession of a big game animal or parts of a big game animal. (2) Section 45 of the regulations is amended by adding immediately after subsection (1) the following: (1.1) Paragraph (1)(b) shall not apply to (a) the holder of a big game licence where the big game animal has been taken in accordance with these regulations; (b) a person who has been specified as a designated hunter by a hunter with a disability where the big game animal has been taken in accordance with these regulations; (c) a
person who gratuitously receives from the holder of a big game licence or from a
registered food bank a big game animal or parts of it taken in accordance with
these regulations; (d) the possession of a big game animal or parts of it that is being donated to a registered food bank in accordance with these regulations; (e) the sale, purchase or possession of a big game animal or parts of it that has been imported for commercial purposes under authority of a permit to import; or (f) the possession of a big game animal or parts of it that has been marketed under a commercial caribou harvesting licence, a wholesale caribou meat licence, a retail caribou meat licence or a wild meat service licence. 22. Section 64 of the regulations is repealed. 23. Subsection 66(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the wild life officer's". 24. Section 70 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the word "the". 25. Section 72 of the regulations is amended by deleting the words "his or her behalf" wherever they appear and substituting the words "behalf of a person under 12 years of age". 26. (1) Subsection 74(2) of the regulations is amended by deleting the words "he or she" and substituting the words "that person". (2) Subsection 74(3) of the regulations is repealed and the following substituted: (3) A holder of a small game licence shall not hunt, take or kill any small game unless the holder has the licence on the holder's person. 27. Section 76 of the regulations is repealed. 28. Section 77 of the regulations is repealed. 29. Subsection 78(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the wild life officer's". 30. (1) Subsection 81(1) of the regulations is amended by deleting the words "take or kill or have in his or her possession" and substituting the words "take, kill or possess". (2) Subsection 81(2) of the regulations is repealed and the following substituted: (2) A person shall not sell, purchase or offer to sell or purchase any eagle, falcon, hawk, osprey or owl of any species. (3) Subsection 81(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 31. Subsection 81.3(2) of the regulations is repealed and the following substituted: (2) A holder of a coyote licence shall not hunt, take or kill coyote unless the holder has the licence on the holder's person. 32. The regulations are amended by adding immediately after section 81.3 the following: PART V.2 Sale of game 81.4 (1) The minister may issue a wild meat service licence authorizing the owner or operator of a tourist accommodation registered under the Tourist Accommodations Act or a person licensed under the Food and Drugs Act (Canada) to (a) purchase big game and small game, except migratory birds, from the holder of a permit to sell big game and small game, during the open season and for 7 days after the open season; and (b) serve meat of that game to customers. (2) The holder of a big game licence may obtain a permit from a wild life officer to sell big game to any holder of a wild meat service licence during the open season and for 7 days after the open season. (3) The holder of a small game licence may obtain a permit from a wild life officer to sell small game, except migratory birds, to any holder of a wild meat service licence during the open season and for 7 days after the open season. (4) A person shall not sell, purchase or offer to
sell or purchase any migratory bird. (5) A wild meat service licence shall expire on August 31 in each year. (6) The holder of a wild meat service licence shall keep records and make a return to the Wild Life Division at the end of each month recording the following information: (a) the name and address of the sellers; (b) the purchases made during the month; (c) the quantities served during the month; and (d) the stock on hand at the end of the month. (7) The holder of a wild meat service licence shall produce the records referred to in subsection (6) when requested to do so by a wild life officer. (8) The holder of a wild meat service licence shall not sell, serve or offer to sell or serve big game meat or small game meat except in the form of prepared meals. Permission to serve game 81.5 Notwithstanding anything contained in these regulations, the minister or the minister's agent may by written permission authorize any religious, charitable or educational organization to serve big game meat or small game meat in the form of prepared meals, for which a charge is made, where the big game or small game (a) has been taken by the organization in accordance with these regulations; or (b) has been donated by a licence holder to the organization. Traffic in
ptarmigan 81.6 Subject to sections 81.4 and 81.5, a person shall not sell, purchase or offer to sell or purchase any ptarmigan and an owner or occupier of a restaurant, boarding house, roadhouse, tavern, lunch counter or tourist accommodation as defined by the Tourist Accommodations Act shall not serve ptarmigan or cause or permit ptarmigan to be served. Donation of game 81.7 (1) The minister may issue a donated game licence to a registered food bank authorizing the registered food bank to (a) receive from a licence holder, during the open season and up to and including the date immediately before the start of the next open season, (i) big game meat, that has been prepared by a licensed butcher, and (ii) small game meat, except migratory birds; and (b) provide the meat referred to in paragraph (a)
without charge to customers of the registered food bank. (2) A licence holder may donate meat referred to in paragraph (1)(a) to any holder of a donated game licence during the open season and up to and including the date immediately before the start of the next open season. (3) A donated game licence shall expire on August 31 in each year. (4) A registered food bank that has been issued a donated game licence shall keep records and make a return to the Wild Life Division at the end of each month recording the following information: (a) the name and address of the licence holders who donated meat in accordance with this section; (b) the amount of donations received during the month; (c) the quantities distributed during the month; and (d) the stock on hand at the end of the month. (5) A registered food bank that has been issued a donated game licence shall produce the records referred to in subsection (4) when requested to do so by a wild life officer. 33. Section 85 of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 34. Section 86 of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 35. Section 87 of the regulations is repealed and the following substituted: Mounting of wild life 87. Notwithstanding anything contained in these regulations, the minister or the minister's agent may issue a permit authorizing the possession of any wild life for mounting that has been taken by accidental means. 36. Section 88 of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 37. Section 90 of the regulations is repealed and the following substituted: Traffic in wild life 90. A person shall not sell, purchase, offer to sell or purchase or otherwise traffic in or have possession or control of any wild life taken contrary to these regulations. 38. Section 91 of the regulations is amended by (a) deleting the words "His Honour"; and (b) deleting the words "the Honourable". 39. Subsection 91.1(2) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the person". 40. Section 93 of the regulations is amended by deleting the words "his or her" and substituting the words "the person's". 41. Subsection 97(3) of the regulations is amended by deleting the words "him or her" and substituting the words "that hunter with a disability". 42. Section 99 of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the person". 43. (1) Paragraph 101.3(1)(d) of the regulations is amended by deleting the words "he or she" and substituting the words "the person". (2) Subsection 101.3(2) of the regulations is amended by deleting the words "his or her". (3) Subsection 101.3(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the designated adult". 44. Subsection 101.4(1) of the regulations is amended by deleting the words "him or her" and substituting the words "the designated adult". 45. Section 103 of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 46. Subsection 105(2) of the regulations is amended by deleting the words "himself or herself" and substituting the words "the person". 47. (1) Subsection 107(1) of the regulations is amended by (a) deleting the words "him or her" and substituting the words "the person"; (b) deleting the words "his or her" and substituting the words "the minister's"; and (c) deleting the words "he or she" and substituting the words "the person". (2) Subsection 107(4) of the regulations is amended by (a) deleting the words "him or her" and substituting the words "the person"; and (b) deleting the words "his or her" and substituting the words "the minister's". (3) Subsection 107(4.2) of the regulations is amended by deleting the words "he or she" and substituting the words "the person". (4) Subsection 107(10) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". (5) Subsection 107(17) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". (6) Subsection 107(18) of the regulations is amended by deleting the words "his or her" and substituting the words "the minister's". 48. (1) Paragraph 111.1(1)(c) of the regulations is repealed and the following substituted: (c) "direct relative" means a parent, grandparent, sibling, child, grandchild or in-law who is a resident of the province; (2) Subsection 111.1(8) of the regulations is amended by deleting the words "he or she" and substituting the words "the non-resident". (3) Subsection 111.1(9) of the regulations is repealed and the following substituted: (9) Notwithstanding subsection (5), a non-resident who is a guest of a resident of the province at a cottage located in Labrador may angle for fish in inland waters provided that (a) the non-resident fishes in waters adjacent to that cottage; (b) the non-resident is accompanied by a licensed guide; and (c) a fee is not charged and remuneration is not paid for the guide service or for lodging, accommodations or meals at that cottage. 49. Section 113 of the regulations is amended by (a) deleting the words "his or her" wherever they appear and substituting the words "the minister's"; and (b) deleting the words "he or she" and substituting the words "the minister". Commencement 50. These regulations come into force on the date An Act to Amend the Wild Life Act, SNL 2022 c. 26, comes into force. ©King's Printer |