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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 44/12

NEWFOUNDLAND AND LABRADOR
REGULATION 44/12

Wild Life Regulations (Amendment)
under the
Wild Life Act
(O.C. 2012-100)

(Filed May 2, 2012)

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

Dated at St. John’s, May 2, 2012.

Terry French
Minister of Environment and Conservation

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   Ss.2.1 and 2.2 Added
2.1   Application - fur farms
2.2   Application - circuses

        3.   S.10 Amdt.
Licences and badges

        4.   S.17 Amdt.
Prohibited activities

        5.   S.20 R&S
Fur Farms

        6.   S.82.1 Added
Possession of live captive fur bearing animals

        7.   S.83.1 Added
Import of captive furbearing animals

        8.   S.84.1 Added
Release of animals from fur farm prohibited

        9.   Commencement


CNLR 1156/96
as amended

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

          (g.1)  "fur farm" means a fur farm as defined in the Fur Farming Regulations made under the Animal Health and Protection Act;

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

          (k.1)  "licensed fur farm" means a fur farm for which a licence has been issued and is in force under the Animal Health and Protection Act and the Fur Farming Regulations made under that Act;

 

        2. The regulations are amended by adding immediately after section 2 the following:

Application - fur farms

      2.1 (1) These regulations do not apply to a fur bearing animal that is maintained or kept in captivity on a licensed fur farm, or the pelt or other parts of that animal.

             (2)  Notwithstanding subsection (1), these regulations apply to a fur bearing animal that escapes or is released from a licensed fur farm, or the pelt or other parts of that animal.

             (3)  Notwithstanding subsection (1), these regulations apply to a wild fur bearing animal that was not previously maintained or kept in captivity on a licensed fur farm and is captured in the province and subsequently maintained or kept in captivity on a licensed fur farm, or the pelt or other parts of that animal.

Application - circuses

      2.2 (1) These regulations do not apply to an animal that is maintained or kept in captivity in a circus.

             (2)  Notwithstanding subsection (1), sections 82, 83 and 84 apply to an animal that is maintained or kept in captivity in a circus.

             (3)  Notwithstanding subsection (1), these regulations apply to an animal that escapes or is released from a circus.

             (4)  For the purpose of this section,

             (a)  "circus" means a mobile place in which animals held and exhibited are made to perform behaviours at the direction of a human handler or trainer for the entertainment or education of members of the public and excludes a dog show, a horse show and a livestock fair; and

             (b)  "place" includes commercial or private premises, land, a container, vehicle, vessel or aircraft.

 

        3. Paragraph 10(1)(b) of the regulations is repealed.

 

        4. Paragraphs 17(b) and (c) of the regulations are repealed.

 

        5. Section 20 of the regulations is repealed and the following substituted:

Fur farms

      20. The owner or operator of a licensed fur farm or custodian of a fur bearing animal on a licensed fur farm shall not feed or cause to be fed the meat of any game animal to fur bearing animals maintained or kept in captivity on the licensed fur farm except under a permit from the minister.

 

        6. The regulations are amended by adding immediately after section 82 the following:

Possession of live captive fur bearing animals

   82.1 (1) Notwithstanding subsection 2.1(1), every person in possession or control of a live furbearing animal that has been born or bred in captivity and is to be maintained or kept in captivity on a licensed fur farm shall, immediately upon coming into that possession or control, apply in writing to the minister for a permit to keep the live furbearing animal in captivity. 

             (2)  This section does not apply to Mustela vison (mink), Vulpes vulpes (Coloured fox) or Alopex lagopus (Blue (Arctic) Fox) but does apply to a hybrid of one or both of those species.

 

        7. The regulations are amended by adding immediately after section 83 the following:

Import of captive furbearing animals

   83.1 (1) Notwithstanding subsection 2.1(1), except with the prior written permission of the minister, a person shall not

             (a)  import or bring into the province; or

             (b)  bring into the island portion of the province from Labrador

a furbearing animal that has been born or bred in captivity and is to be maintained or kept in captivity on a licensed fur farm.

             (2)  A person shall not have possession of a furbearing animal that has been born or bred in captivity and is maintained or kept in captivity on a licensed fur farm, which has been imported into the province or has been brought into the island portion of the province from Labrador without the prior written permission of the minister.

             (3)  This section does not apply to Mustela vison (mink), Vulpes vulpes (Coloured fox) or Alopex lagopus (Blue (Arctic) Fox) but does apply to a hybrid of one or both of those species.

 

        8. The regulations are amended by adding immediately after section 84 the following:

Release of animals from fur farm prohibited

   84.1 Notwithstanding subsection 2.1(1), a person shall not release or permit the escape of, or attempt to release or permit the escape of, a fur bearing animal that is maintained or kept in captivity on a licensed fur farm.

Commencement

        9. These regulations come into force on May 2, 2012.