Second Session, 45th General Assembly
54 Elizabeth II, 2005
AN ACT TO AMEND THE WILD LIFE ACT
Received and Read the First Time
HONOURABLE TOM OSBORNE
Minister of Environment and Conservation
Ordered to be printed by the Honourable House of Assembly
Clause 1 of the Bill would amend the definition section 2 of the Wild Life Act by adding definitions of the words "angle", "angling", "department", "sale", "sell" and "trafficking", by repealing and replacing the definition of "minister", by amending the definitions of the term "closed season" by adding a reference to angling and of the term "wild life" by adding a reference to fish.
Clause 2 of the Bill would amend section 7 of the Act to clearly state that regulations may be made to suspend and cancel licences issued under the Act.
Clause 3 of the Bill would repeal and replace subsection 13(1) of the Act to clarify that a wild life officer may, in the course of inspecting and checking for compliance with the Act, stop a vehicle in order to inspect a licence or permit or to search for contraband. This would be possible only where it is reasonably necessary to ensure compliance.
Clause 4 of the Bill would amend section 15 of the Act by adding paragraph 15(5)(d) to allow the court to order that the costs of seizing contraband be paid to the minister by a person convicted of an offence related to that seizure. The proposed subsection 15(5.1) would allow the minister to recover those costs as a debt due to the Crown. This clause would also, at the proposed subsection 15(13.1), allow the minister to file a certificate respecting unpaid fines with the Supreme Court, whereupon it would become an order of the Trial Division.
Clause 5 of the Bill would add section 27.1 to the Act to create a penalty that is specific to fishing violations under the Act.
Clause 6 of the Bill would add section 29.1 to the Act to allow the court to provide for penalties that are in addition to a fine imposed under the amendment proposed at clause 4.
AN ACT TO AMEND THE WILD LIFE ACT
1. S.2 Amdt.
2. S.7 Amdt.
3. S.13 Amdt.
4. S.15 Amdt.
5. S.27.1 Added
6. S.29.1 Added
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
RSNL1990 cW-8 as amended
1. (1) Paragraph 2(a) of the Wild Life Act is repealed and the following substituted:
(a) "angle" and "angling" means fishing or attempting to fish with a hook and line with the line held in the hand or with a hook, line and rod held in the hand and includes casting and trolling;
(a.1) "closed season" means a period during which the angling for or hunting, taking or killing of wildlife is prohibited;
(a.2) "department", unless the context indicates otherwise, means the department presided over by the minister;
(2) Paragraph 2(h) of the Act is repealed and the following substituted:
(h) "minister" means the minister appointed under the Executive Council Act to be responsible for this Act;
(3) Section 2 of the Act is amended by adding immediately after paragraph (l) the following:
(l.1) "sale" or "sell" means to exchange, barter or deliver for money or its equivalent;
(4) Section 2 of the Act is amended by adding immediately after paragraph (n) the following:
(n.1) "trafficking" means the illegal commercial exchange of wild life;
(5) Paragraph 2(q) of the Act is amended by adding immediately after the word "animal" a comma and the word "fish".
2. (1) Paragraph 7(1)(b) of the Act is amended by adding immediately after the word "issue" where it first occurs, a comma and the words "suspension and cancellation".
(2) Paragraph 7(1)(c) of the Act is amended by adding immediately after the word "issue" a comma and the words "suspension and cancellation".
3. (1) Subsection 13(1) of the Act is repealed and the following substituted:
13. (1) A wild life officer may at reasonable times enter upon a premises or place or enter or stop and enter upon a vehicle, aircraft, vessel, boat or raft and
(a) require the production of a licence or permit; and
(b) search the premises, place, vehicle, aircraft, vessel, boat or raft,
so long as it is reasonably necessary to determine compliance with this Act.
(2) Subsection 13(3) of the Act is amended by deleting the word "office" and substituting the word "officer".
4. (1) Subsection 15(5) of the Act is amended by
(a) deleting the word "and" at the end of paragraph (b);
(b) deleting the period at the end of paragraph (c) and substituting a semicolon and the word "and"; and
(c) adding immediately after paragraph (c) the following:
(d) may order that the person pay to the minister an amount of compensation for the reasonable costs, expenses and charges incurred by the minister in the seizure, storage and disposition of the wild life or another thing seized under this Act that relates to the offence.
(2) Section 15 of the Act is amended by adding immediately after subsection (5) the following:
(5.1) Where a court orders a person to pay an amount of money as compensation under paragraph (5)(d), the amount may be recovered by the minister from the person to whom the order was directed as a debt owed to the Crown and the minister shall notify the person against whom the order was made of his or her determination of the amount of the recoverable costs, expenses and charges.
(3) Section 15 of the Act is amended by adding immediately after subsection (13) the following:
(13.1) Where a person defaults in the payment of a fine imposed against him or her for an offence committed under this Act, that fine shall be considered to be a debt owed to the Crown and the minister may issue a certificate stating the amount due to the Crown and file the certificate with the Registrar of the Supreme Court and when that certificate is filed with the Registrar of the Supreme Court it is of the same effect and all proceedings may be taken on that certificate as if it were a judgment of the Trial Division for the recovery of the amount stated against the person named in the certificate.
5. The Act is amended by adding immediately after section 27 the following:
Penalty re: fish
27.1 A person who
(a) contravenes a provision of or a requirement or obligation imposed upon him or her under this Act;
(b) contravenes an order made under this Act; and
(c) fails to observe or fulfil a condition attached to a licence or permit issued to him or her under this Act,
that relates to fish is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than 6 months or to both the fine and imprisonment.
6. The Act is amended by adding immediately after section 29 the following:
29.1 (1) Where a person is convicted of an offence under section 27.1 with respect to the illegal possession, sale or trafficking of fish, if it is not an offence to which subsection (2) applies, the Provincial Court judge shall, in addition to another penalty that he or she may impose for that offence
(a) cancel that person's inland fishery licence;
(b) make an order prohibiting that person from holding an inland fishery licence for a period of not more than 5 years from the date of conviction; and
(c) where that person does not hold an inland fishery licence make an order prohibiting that person from holding an inland fishery licence for a period of not more than 5 years from the date of conviction.
(2) Where a person is convicted of a subsequent offence under section 27.1 with respect to the illegal possession, sale or trafficking of fish within 2 years of his or her previous conviction with respect to the illegal possession, sale or trafficking of fish, the convicting Provincial Court judge shall, in addition to another penalty that he or she may impose for that offence, make an order that permanently prohibits that person from holding an inland fishery licence.
(3) Where a licence has been cancelled under subsection (1) or (2), that licence shall be stamped "cancelled" on its face and the court shall forward that cancelled licence to the minister.
(4) A person who, while prohibited from having an inland fishery licence under subsection (1) or (2) applies for an inland fishery licence, obtains an inland fishery licence or makes a false statement for the purpose of obtaining an inland fishery licence is guilty of an offence.
(5) In this section "inland fishery licence" means an inland fishery licence issued under the Wild Life Regulations made under this Act.
©Earl G. Tucker, Queen's Printer