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NEWFOUNDLAND AND LABRADOR
REGULATION 60/98

Guides Regulations, 1998
under the
Wild Life Act
(O.C. 98-254)

Amended by:

136/04
40/05
16/10

NEWFOUNDLAND AND LABRADOR
REGULATION 60/98

Guides Regulations, 1998
under the
Wild Life Act
(O.C. 98-254)

(Filed June 17, 1998)

Under the authority of section 7 of the Wild Life Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , June 17, 1998 .

John Cummings
Deputy Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Guides Regulations, 1998 .

60/98 s1

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Definitions

        2. In these regulations

        (a.01)  "artificial fly" means an artificial fly as defined in the Newfoundland and Labrador Fishery Regulations ( Canada );

             (a)  "guide’s licence" means a licence issued and valid under the provisions of these regulations;

          (a.1)  "hooks" and "hooking" means to be in possession of a hook and line with the line held in the hand, or a hook, line and rod with the rod held in the hand, when a fish takes the attached bait, lure, or artificial fly as prescribed by the Newfoundland and Labrador Fishery Regulations (Canada);

             (b)  "licensed guide" means a registered guide who is the holder of a guide’s licence issued under these regulations;

             (c)  "minister" means the minister appointed under the Executive Council Act to administer the Wild Life Act ; and

             (d)  "registered guide" means a person who, having made application to the minister, has been registered as a guide and issued a certificate of that registration.

60/98 s2; 16/10 s1

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Licence requirements

        3. A person shall not be entitled to obtain a guide’s licence until he or she has completed the requirements under these regulations and is registered as a guide.

60/98 s3

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Application to minister

        4. (1) A resident of Canada may apply for registration as a guide by filing with the minister an application in the form set by the minister and providing:

             (a)  proof of

                      (i)  successful completion of a firearm safety and hunter education course recognized by the minister,

                     (ii)  successful completion of a boating safety course recognized by the minister, and

                    (iii)  a valid emergency first aid certificate; or

             (b)  proof of successful completion of a guide training program recognized by the minister.

             (2)  Where an applicant resides outside of the province, the minister may accept proof of successful completion of training that the minister considers equivalent to that required under subsection (1).

136/04 s1

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Registration

        5. (1) Where an applicant has provided the information required under section 4, the minister may register the applicant as a guide and issue to him or her a certificate of registration on payment of the fee set by the minister.

             (2)  Notwithstanding subsection (1), where an applicant was a registered guide at any time prior to the coming into force of this section, the minister may issue a certificate of registration to the applicant on payment of the fee set by the minister.

136/04 s1

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Age limit

        6. A person under the age of 18 years shall not be registered as a guide.

60/98 s6

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Guide licence

        7. (1) The holder of a certification of registration as a guide is entitled to obtain a guide’s licence on payment of the annual fee prescribed by regulation, which licence shall expire on December 31 next after the date of issue.

             (2)  A licence obtained under subsection (1) shall authorize the licensee to accompany as a guide

             (a)  in an area frequented by wild life, a person who holds a valid hunting licence; and

             (b)  on water, a person who holds a valid inland fishery licence.

60/98 s7

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Re-registration

        8. The minister may, by notice published in the Gazette before November 1 in any year, require all registered guides to apply for re-registration upon payment of the fees and upon the terms and conditions as may be approved by the Lieutenant-Governor in Council.

60/98 s8

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Guiding without a licence

        9. (1) A person is guilty of an offence who, not being the holder of a guide’s licence, accompanies as a guide in an area frequented by wild life

             (a)  a person hunting or intending to hunt game; and

             (b)  a non-resident angling or intending to angle.

             (2)  This regulation shall not apply to persons acting as guides to persons holding the written permission of the minister to take wild life for scientific purposes or for the purpose of conservation of wild life.

60/98 s9

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Guiding unlicensed persons

      10. A person is guilty of an offence who, being the holder of a guide’s licence, accompanies as a guide any unlicensed hunter or angler.

60/98 s10

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Guide to report offences

      11. (1) A licensed guide shall so far as he or she is able prevent a person whom he or she is guiding from offending against the provisions of the Newfoundland and Labrador Fishery Regulations ( Canada ) or the Wild Life Act or regulations made under that Act.

             (2)  If the person accompanied by a guide under subsection (1) offends the provisions referred to in that subsection, the guide shall immediately and before the person has an opportunity to leave the province, report that offence to a wild life officer.

             (3)  If the guide neglects to report an offence committed under subsection (2), he or she is guilty of an offence.

60/98 s11; 40/05 s1

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Production of licence

      12. A licensed guide shall carry his or her licence whenever he or she is employed as a guide and shall not refuse or neglect to produce his or her licence for examination when requested to do so by a wild life officer or a person desiring to employ him or her.

60/98 s12

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Licence not transferable

      13. A licensed guide shall not permit his or her licence or a badge issued to him or her to be used by another person.

60/98 s13

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Angling and shooting by guides prohibited while employed

      14. (1) A licensed guide, while employed as a licensed guide, shall not angle for salmon or trout in inland waters or shoot or hunt wild life but a licensed guide may, within reasonable limits, demonstrate the techniques of line casting and hooking of fish to an angler by whom he or she is accompanied.

             (2)  A licensed guide who hooks a fish while demonstrating the techniques of line casting to the angler by whom he or she is accompanied shall release the fish back into the water.

16/10 s2

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Maximum charges

      15. The minister may prescribe the maximum charges to be made by licensed guides for guiding services.

60/98 s15

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Number guide may accompany

      16. A licensed guide is guilty of an offence if he or she at the same time accompanies as guide

             (a)  more than 2 non-residents licensed to hunt; or

             (b)  more than 2 non-residents licensed to fish.

60/98 s16

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Cancellation of licence

      17. When a licensed guide has been convicted of an offence against the provisions of the Newfoundland and Labrador Fishery Regulations (Canada) or the Wild Life Act or regulations made under that Act, his or her guide’s licence shall be cancelled immediately and he or she shall not be entitled to obtain a guide’s licence under the provisions of the Wild Life Act for a period not exceeding 3 years from the date of that conviction as the minister may determine.

60/98 s17; 40/05 s2

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Camp help

      18. The minister may issue a licence to a resident authorizing him or her to accompany in the woods as camp help a holder of a valid hunting licence or a holder of a valid inland fishery licence.

60/98 s18

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Guide to make report

      19. (1) A licensed guide shall on or before January 31 in each year file with the minister a report showing

             (a)  the names and addresses of camp help;

             (b)  the names and addresses of persons guided by him or her during the previous year;

             (c)  the location of pond, river, or areas guided;

             (d)  the number of lodges, hunting camps, camp sites;

             (e)  the number and kinds of game animals, game birds and fish killed or taken by parties whom he or she has guided; and

              (f)  other information that may be required of him or her by the minister.

             (2)  If a licensed guide neglects or omits to file a report under subsection (1), he or she is guilty of an offence.

60/98 s19

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Misrepresentation

      20. A person who by misrepresentation has obtained a certificate of registration as a guide is guilty of an offence and is liable to a penalty in addition to the recall of his or her registration certificate and guide’s licence.

60/98 s20