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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 96/99

NEWFOUNDLAND REGULATION 96/99

Wild Life Regulations (Amendment)
under the
Wild Life Act
(O.C. 99-275)

(Filed November 1, 1999)

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

Dated at St. Johnís, October 19, 1999.

John R. Cummings, Q.C.
Clerk of the Executive Council

REGULATION

Analysis


††††††† 1. S.2 Amdt.
Definitions

††††††† 2.†† Ss.36.1 & 36.2 Added
36.1 Training course
††††††† required
36.2 ††††††††††††††††††††† Disabled hunters

††††††† 3.†† S.37 Amdt.
Licences required by hunters

††††††† 4.†† S.45 Amdt.
Traffic in big game

††††††† 5.†† S.65 Amdt.
Proof of sex

††††††† 6.†† S.69 Amdt.
Removal of game

†††††††† 7†† S.70 Amdt.
Surrender of licences

††††††† 8.†† S.97 Amdt.
Production of licences

††††††† 9.†† S.101 Amdt.
Alteration or transfer of licence

††††† 10.†† S.103 R&S
Exception

††††† 11.†† S.107 Amdt.
Firearms, ammunition, permits and licences


CNR 1156/96
as amended

††††††† 1. (1) Section 2 of the Wild Life Regulations is amended by adding immediately after paragraph (d.1) the following:

††††††††† (d.2)"designated hunter" means a resident who has completed a recognized hunter training course who is designated by a disabled hunter to shoot and retrieve a big game animal of the kind and sex named on the disabled hunterís licence, but does not include a person who is prohibited by the court from possessing a firearm or holding a game licence;

††††††††† (d.3)"disabled hunter" means a resident of the province who is

††††††††††††††††††††† (i)permanently legally blind, or

†††††††††††††††††††† (ii)permanently mobility impaired

who holds a valid big game licence issued by the minister;

†††††††††††† (2)Section 2 of the regulations is amended by adding immediately after paragraph (o) the following:

††††††††† (o.1)"permanently legally blind" means a condition in which a person

††††††††††††††††††††† (i)who has no better than 20/200 vision, that is, he or she, with the best possible correction can see less at 6 metres than a person with normal vision can see at 61 metres, or

†††††††††††††††††††† (ii)whose greatest diameter of the field of vision in both eyes is less than 20į;

††††††††† (o.2)"permanently mobility impaired" means a condition in which a person has a permanent physical impairment of the lower limbs which severely restricts mobility to the effect that he or she is unable to walk more than 50 metres without the use of a cane or other assistive device;

††††††† 2. The regulations are amended by inserting immediately after section 36 the following:

Training course required

†† 36.1 (1) A person, including a disabled hunter

†††††††††††† (a)who intends to hunt for the first time; or

†††††††††††† (b)who has not completed a recognized hunter training course,

shall, before becoming eligible for a big game licence draw, complete the Firearm Safety/Hunter Education Program, or a similar hunter training course or program in another jurisdiction that is recognized by the minister.

†††††††††††† (2)Notwithstanding subsection (1), a disabled hunter who is permanently legally blind may be exempted from the standard testing in the Firearm Safety/Hunter Education Program which requires vision to perform if he or she provides a certificate from a qualified medical practitioner certifying that he or she is permanently legally blind.

Disabled hunters

†† 36.2 (1) The minister may, upon application from a disabled hunter, issue a big game licence under section 35.

†††††††††††† (2)A disabled hunter

†††††††††††† (a)who is permanently legally blind shall; or

†††††††††††† (b)who is permanently mobility impaired may

specify one designated hunter to shoot and retrieve the type and sex of big game animal named on the disabled hunterís licence.

†††††††††††† (3)A designated hunter shall

†††††††††††† (a)keep the disabled hunter within sight at all times; and

†††††††††††† (b)possess the licence and tags of a disabled hunter at all reasonable times while hunting.

†††††††††††† (4)Notwithstanding paragraph (3)(a), a designated hunter is not required to keep the disabled hunter within sight when that designated hunter is in pursuit of an animal that he or she has injured.

†††††††††††† (5)A person may not be specified as a designated hunter more than once in a season.

††††††† 3. Subsection 37(2) of the regulations is amended by adding immediately after the reference "subsection 35(12)" the word and reference "or 36.2(4)".

††††††† 4. Subsection 45(1) of the regulations is amended by adding immediately after subparagraph (b)(i) the following:

†††††††††††††††††† (i.1)a person who has been specified as a designated hunter by a disabled hunter who holds a big game licence where the big game animal has been taken in accordance with these regulations,

††††††† 5. Section 65 of the regulations is amended by renumbering it as subsection 65(1) and by adding immediately after that the following:

†††††††††††† (2)Subsection (1) includes a disabled hunter notwithstanding the fact that a designated hunter has performed the actual killing of the moose or caribou.

††††††† 6. Section 69 of the regulations is amended by adding immediately after subsection (5) the following:

†††††††††††† (6)In this section, a person who has killed game includes a disabled hunter who specifies a designated hunter under these regulations.

††††††† 7. Section 70 of the regulations is amended by adding immediately after subsection (3) the following:

†††††††††††† (4)In this section, a holder of a big game licence includes a disabled hunter.

††††††† 8. Section 97 of the regulations is amended by adding immediately after subsection (2) the following:

†††††††††††† (3)Subsection (2) does not apply to a disabled hunter who has specified a designated hunter to hunt for him or her under a valid big game licence.

††††††† 9. Subsection 101 of the regulations is amended by adding immediately after subsection (3) the following:

†††††††††††† (4)In this section, "transfer" does not include the possession of a disabled hunterís licence by a designated hunter as required by subsection 36.2(3).

††††† 10. Section 103 of the regulations is repealed and the following substituted:

Exception

†† 103. Notwithstanding section 102, the minister or his or her agent may issue a permit

†††††††††††† (a)to individuals or organizations participating in dog field trials or dog field training; or

†††††††††††† (b)to a disabled hunter whose use of a seeing eye dog is necessary for mobility,

subject to any conditions that may be included in the permit.

†††† 11. Section 107 of the regulations is amended by adding immediately after subsection (4) the following:

††††††††† (4.1)Notwithstanding subsection (4), a disabled hunter who is permanently legally blind shall not carry, transport, possess or use a firearm for the purpose of hunting.