NEWFOUNDLAND AND LABRADOR REGULATION 101/15

CNLR 1156/96
as amended

1. (1) Section 2 of the Wild Life Regulations is amended by renumbering paragraph (a.1) as paragraph (a.2) and adding immediately before that paragraph the following:

(a.1) "angler with a disability" means a person who holds a valid inland fishery licence, a river specific inland fishery licence or a valid family inland fishery licence and has a disability affecting angling activities;

(2) Paragraphs 2(d.02) to (d.3) of the regulations are repealed and the following substituted:

(d.2) "designated angler" means a person who holds a valid inland fishery licence, river specific inland fishery licence or a valid family inland fishery licence and is specified by an angler with a disability to angle and retain a species of fish that the angler with a disability is permitted by law to catch and retain, but does not include a person who is prohibited by the court from holding an inland fishery licence;

(d.3) "designated hunter" means a person who has completed a hunter training course or program recognized by the minister and is specified by a hunter with a disability to shoot and retrieve a big game animal of the kind and sex named on the licence of the hunter with a disability, but does not include a person who is prohibited by the court from possessing a firearm or holding a big game licence;

(d.4) "disability affecting angling activities" means a permanent impairment or other permanent medical condition which, in the opinion of a health care provider, restricts a person's ability to perform the activities of angling, including accessing a place from which to angle, retaining and releasing fish;

(d.5) "disability affecting hunting activities" means a permanent impairment or other permanent medical condition which, in the opinion of a health care provider, restricts a person's ability to perform the activities of hunting, including shooting and retrieving a big game animal;

(3) Section 2 of the regulations is amended by renumbering paragraph (i.1) as paragraph (i.2) and by adding immediately before that paragraph the following:

(i.1) "health care provider" means a person licensed as a medical practitioner under the Medical Act, 2011, as a nurse practitioner under the Registered Nurses Act, 2008 or as a practitioner under the Optometry Act, 2012;

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

(j.1) "hunter with a disability" means a person who holds a valid big game licence issued by the minister and has a disability affecting hunting activities;

(5) Section 2 of the regulations is amended by renumbering paragraph (k.1) as paragraph (k.2) and by adding immediately before that paragraph the following:

(k.1) "legally blind" means a permanent impairment or other permanent medical condition in which a person, in the opinion of a health care provider,

(i) 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) has a maximum diameter of field of vision in both eyes of less than 20°;

(6) Paragraphs 2(o.1) and (o.2) of the regulations are repealed.

(7) Section 2 of the regulations is amended by adding immediately after paragraph (p.1) the following:

(p.2) "service animal" means a service animal as defined in the Service Animal Act;

2. Section 8.1 of the regulations is repealed and the following substituted:

Angler with a disability

8.1 (1) An angler with a disability may specify one designated angler to angle and retain the species set out in the licence of the angler with a disability, in the area permitted and within the bag limits set by law.

(2) A designated angler shall

(a) keep within 100 metres of the angler with a disability, except when in pursuit of a fish that has been hooked for the angler with a disability;

(b) possess the licence and tags of the angler with a disability at all times while angling for that angler with a disability; and

(c) immediately affix and lock a tag to a salmon caught for the angler with a disability in the manner described in subsection 6(3).

(3) Where a designated angler retains and tags a salmon, the angler with a disability shall immediately take possession of and retain the salmon.

3. Section 36.1 of the regulations is repealed and the following substituted:

Training course required

36.1 (1) A person, including a person who has a disability affecting hunting activities,

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

(b) who has not completed a hunter training course or program recognized by the minister,

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 person who is 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 health care provider certifying that he or she is legally blind.

4. Subsections 36.2(1) to (4) of the regulations are repealed and the following substituted:

Hunter with a disability

36.2 (1) The minister may, upon application from a person who has a disability affecting hunting activities, issue a big game licence under section 35.

(2) A hunter with a disability

(a) who is legally blind shall; or

(b) who is not legally blind may

specify one designated hunter to shoot and retrieve the type and sex of big game animal named on the licence of the hunter with a disability.

(3) A designated hunter shall

(a) keep the hunter with a disability within sight at all times; and

(b) possess the licence and tags of a hunter with a disability at all times while hunting for that hunter with a disability.

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

5. Subparagraph 45(1)(b)(i.1) of the regulations is repealed and the following substituted:

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

6. Subsection 65(2) of the regulations is repealed and the following substituted:

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

7. Subsection 69(6) of the regulations is repealed and the following substituted:

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

8. Subsection 70(4) of the regulations is repealed and the following substituted:

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

9. Subsection 97(3) of the regulations is repealed and the following substituted:

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

10. Subsection 101(4) of the regulations is repealed and the following substituted:

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

11. Paragraph 103(b) of the regulations is repealed and the following substituted:

(b) to a hunter with a disability who requires the use of a service animal that is a dog,

12. Subsection 107(4.1) of the regulations is repealed and the following substituted:

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

Commencement

13. These regulations come into force on April 1, 2016.