NEWFOUNDLAND REGULATION 33/97

Short title

1. These regulations may be cited as the Guides Regulations, 1997.

Definitions

2. In these regulations

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

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

(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.

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.

Application to minister

4. A person desiring to become registered as a guide shall make an application in writing to the minister giving the information that the minister may require.

Registration

5. The minister, if he or she considers the applicant qualified and a fit and proper person to act as a guide, may register that person as a guide and issue to him or her a certificate of registration on payment of the fee prescribed by the minister.

Age limit

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

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.

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.

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.

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.

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 Wild Life Act or the Fish Inspection Act or regulations made under these Acts.

(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.

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.

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.

Fishing and shooting by guides prohibited whilst employed

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

Maximum charges

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

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.

Cancellation of licence

17. When a licensed guide has been convicted of an offence against the provisions of the Wild Life Act or the Fish Inspection Act or regulations made under these Acts, 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.

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.

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;

(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.

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.

Expiry

21. These regulations shall expire on December 31, 1997.

CNR 1156/96 Amdt.

22. Subsection 112(8) of the Wild Life Regulations is amended by striking out the date "March 31, 1997" and substituting the date "December 31, 1997".