Statutes of Newfoundland and Labrador 2022 Chapter 26

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-8
as amended

1. (1) Section 2 of the Wild Life Act is amended by adding immediately after paragraph (g) the following:

(g.1) "licensed butcher" means a person who holds a valid licence under the Food Premises Act to operate a food premises for the processing of meat;

(2) Section 2 of the Act is amended by adding immediately after paragraph (k) the following:

(k.1) "registered food bank" means a food bank that is registered with the Department of Digital Government and Service Newfoundland and Labrador;

(3) Paragraph 2(1) of the Act is repealed and the following substituted:

(l) "resident" means

(i) a Canadian citizen who has lived in the province for a period of 6 consecutive months immediately preceding the citizen’s application for a licence or permit under the regulations,

(ii) a person, other than a Canadian citizen, who has lived in the province for a period of 12 consecutive months immediately preceding the person’s application for a licence or permit under the regulations, and

(iii) a member of the Canadian Forces or the Royal Canadian Mounted Police who meets the criteria prescribed in the regulations.

(4) Subparagraph 2(r)(iii) of the Act is amended by deleting the words “his or her” and substituting the words “the peace officer’s”.

2. Section 3 of the Act is amended by deleting the words “his or her”.

3. Subsection 3.1(2) of the Act is amended by deleting the words “he or she” and substituting the words “the minister”.

4. (1) Section 4 of the Act is amended by deleting the words “his or her” wherever they appear and substituting the words “the person’s”.

(2) Subparagraph 4(a)(ii) of the Act is amended by deleting the words “himself or herself” and substituting the words “the person”.

5. Subsection 5(2) of the Act is amended by deleting the words “he or she” and substituting the words “the minister”.

6. Section 6 of the Act is amended by deleting the words “he or she” and substituting the words “the minister”.

7. (1) Subsection 7(1) of the Act is amended by deleting the words “he or she” wherever they appear and substituting the words “the minister”.

(2) Subsection 7(1) of the Act is amended by adding immediately after paragraph (c) the following:

(c.1) to provide for the issue, suspension and cancellation of licences or permits to receive, distribute or sell the meat of wild life;

(3) Subsection 7(1) of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) to prescribe criteria for the purposes of subparagraph 2(l)(iii);

(4) Paragraph 7(1)(v) of the Act is repealed and the following substituted:

(v) to prohibit or regulate the possession, sale, purchase or donation of or other dealings in wild life or a particular species or class of wild life, whether generally or during periods or in circumstances to be specified in the regulations;

8. Subsection 8(6) of the Act is amended by deleting the words “he or she” and substituting the words “the minister”.

9. Subsection 9(2) of the Act is amended by deleting the words “his or her” and substituting the words “the peace officer’s”.

10. Section 10 of the Act is amended by deleting the words “he or she” wherever they appear and substituting the words “the minister”.

11. (1) Section 11 of the Act is amended by deleting the words "the meat of moose or caribou" wherever they appear and substituting the words "moose or caribou meat".

(2) Subsection 11(1) of the Act is amended by deleting the words “his or her” and substituting the words “the person’s”.

12. The Act is amended by adding immediately after section 11 the following:

Evidence re: meat donated to registered food banks

11.1 (1) Notwithstanding subsection 11(4), where a person is in possession of moose or caribou meat that has been donated to a registered food bank, the written proof referred to in subsection 11(3) that the moose or caribou meat was obtained from a licence holder shall contain

(a) the name of the registered food bank that has received or will be receiving the meat;

(b) the approximate amount of meat donated by the licence holder;

(d) the name of the licenced butcher that has prepared or will be preparing the meat;

(e) the licence number of the licence holder who donated the meat; and

(f) the signature of the licence holder who donated the meat.

(2) A registered food bank may designate, in writing, one or more persons to transport moose or caribou meat that has been donated to the registered food bank to any of the following:

(a) a licensed butcher that will prepare the meat;

(b) the registered food bank; and

(3) Where the person referred to in subsection (1) is transporting the moose or caribou meat, the written proof required for the purposes of subsection 11(3) shall also include the written designation prepared in accordance with subsection (2).

(4) Notwithstanding subsection 11(4) and subsection (1), where the person in possession of moose or caribou meat received the meat from a registered food bank, the written proof referred to in subsection 11(3) that the moose or caribou meat was obtained from a licence holder shall contain

(a) the person's name;

(b) the approximate amount of meat received from the registered food bank;

(d) the name of the registered food bank that distributed the meat.

(5) A registered food bank that receives moose or caribou meat by donation from a licence holder shall retain copies of the following for a period of 3 years:

(a) the written proof referred to in subsection (1) for all meat that it receives;

(b) all written designations prepared in accordance with subsection (2); and

(6) A registered food bank shall ensure that the documentation referred to in subsection (5) is retained in a secure manner and may only be accessed by persons authorized by the registered food bank.

(7) Upon the expiry of the retention period referred to in subsection (5), a registered food bank shall ensure that the documentation is destroyed in a secure manner.

(8) A person referred to in this section shall provide the required documentation upon the request of a wild life officer.

13. Subsection 13(4) of the Act is amended by deleting the words “his or her” and substituting the words “the wild life officer’s”.

14. Section 14 of the Act is amended by deleting the words “he or she” wherever they appear and substituting the words “the wild life officer”.

15. (1) Subsection 15(5.1) of the Act is amended by deleting the words “his or her” and substituting the words “the minister’s”.

(2) Subsection 15(13.1) of the Act is amended by deleting the words “him or her” and substituting the words “the person”.

16. Section 16 of the Act is amended by deleting the words “he or she” and substituting the words “the wild life officer”.

17. (1) Subsection 17(4) of the Act is amended by deleting the words “his or her” and substituting the words “the applicant’s”.

(2) Paragraph 17(4)(c) of the Act is amended by

(a) deleting the words “he or she” and substituting the words “the applicant”; and

(b) deleting the words “himself or herself” and substituting the words “the applicant”.

(3) Subsection 17(6) of the Act is repealed and the following substituted:

(6) The minister shall, upon application made to the minister by a person who has obtained a final order under this section

(a) except in the case of wild life or other perishable thing disposed of under subsection 15(3) or wild life or other perishable thing redelivered under subsection 15(9), direct that the forfeited item to which the interest of the applicant relates be handed over to the applicant; or

(b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, or a lesser amount that the Lieutenant-Governor in Council may direct, be paid to the applicant.

(4) Subsection 17(9) of the Act is amended by deleting the words “his or her” and substituting “the Provincial Court judge’s”.

18. Section 18 of the Act is amended by deleting the words “he or she” and substituting the words “the wild life officer, licensed guide or warden”.

19. (1) Paragraph 19(1)(a) of the Act is amended by deleting the words “himself or herself”.

(2) Paragraph 19(1)(b) of the Act is amended by deleting the words “he or she” and substituting the words “the person”.

20. (1) Subsection 22(1) of the Act is amended by deleting the words “he or she” and substituting the words “the wild life officer”.

(2) Paragraph 22(2)(a) of the Act is amended by deleting the words “his or her” and substituting the words “the person’s”.

21. Section 27 of the Act is amended by deleting the words “him or her” wherever they appear and substituting the words “the person”.

22. Section 27.1 of the Act is amended by deleting the words “him or her” wherever they appear and substituting the words “the person”.

23. Subsection 29(2) of the Act is amended by

(a) deleting the words “him or her” and substituting the words “the person”; and

(b) deleting the words “he or she” and substituting the words “the person”.

24. (1) Subsection 29.1(1) of the Act is amended by deleting the words “he or she may impose” and substituting the words “may be imposed”.

(2) Subsection 29.1(2) of the Act 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 may impose” and substituting the words “may be imposed”.

25. Section 30 of the Act is amended by deleting the words “his or her” and substituting the words “the wild life officer’s”.

Commencement

26. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.