NEWFOUNDLAND REGULATION /99

CNLR 1156/96
as amended

1. The Wild Life Regulations are amended by deleting the word "furbearing" wherever it occurs and substituting the words "fur bearing".

2. (1) Paragraph 2(b) of the regulations is repealed and the following substituted:

(b) "beaver management area" means a part of the province to which the regulations respecting the trapping of beaver under a trapline licence shall apply, those areas being described in an order made under these regulations respecting the trapping of beaver;

(2) Paragraph 2(i) of the regulations is repealed and the following substituted:

(i) "game licence" means a licence to hunt, take or kill any game by shooting or snaring as specified in the licence or in an order made under these regulations respecting the hunting of the particular species;

(3) Paragraph 2(m) of the regulations is repealed and the following substituted:

(m) "management area" means a part of the province to which the regulations respecting the hunting or trapping of wild life shall apply, that area being described in an order made under these regulations respecting the hunting or trapping of the species concerned;

(4) Paragraph 2(r) of the regulations is repealed and the following substituted:

(r) "small game" includes ptarmigan, ruffed grouse, spruce grouse, wild ducks, wild geese, snipe, rabbits (varying hares), arctic hares and porcupines;

(5) Section 2 of the regulations is amended by deleting the word "and" at the end of paragraph (u), deleting the period at the end of paragraph (v) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:

(w) "youth" means a person who is under the age of 18.

3. Subsection 3(1) of the regulations is repealed and the following substituted:

Inland fishery licence

3. (1) The minister may, upon application by a person, issue to that person

(a) an inland fishery licence to take salmon or trout by angling; or

(b) a family inland fishery licence to take salmon or trout by angling.

4. (1) Subsection 10(1) of the regulations is repealed and the following substituted:

Licences

10. (1) The minister may, upon application by any person, issue to that person

(a) a trapper's licence to take or kill fur bearing animals except beaver;

(b) a live fur bearing animal export licence to export from the province live fur bearing animals;

(d) a fur dealer's store licence to engage in the business of buying the skins or pelts of fur bearing animals upon premises specified in that licence;

(e) a travelling fur dealer's licence to engage in the business of buying the skins or pelts of fur bearing animals at any place other than upon premises in respect of which the minister decides that a fur dealer's store licence is required;

(f) a trapper's beaver licence to take or kill beaver; or

(g) a beaver trapline licence to take or kill beaver.

(2) Subsection 10(3) of the regulations is repealed.

5. Subsection 14(2) of the regulations is repealed and the following substituted:

(2) A person shall not possess a trap, snare or other device commonly used to take fur bearing animals in any area frequented by wild life except during the open seasons prescribed in an order made under these regulations.

6. The regulations are amended by adding immediately after section 16 the following:

Bag limits

16.1 A person shall not take or kill in any open season more fur bearing animals than the quantity specified in an order made under these regulations.

7. Section 18 of the regulations is repealed and the following substituted:

Licences to be carried on person

18. The holder of a trapper's licence, trapper's beaver licence or beaver trapline licence shall not trap, take or kill any fur bearing animal unless he or she has his or her licence on his or her person.

8. Section 25 of the regulations is repealed and the following substituted:

Beaver licence

25. The minister may prescribe by order

(a) the area in which and the period during which beaver may be taken or killed;

(b) the number of beaver which may be taken by each holder of a trapper's beaver licence or beaver trapline licence; and

(c) the number of trapper's beaver licences and beaver trapline licences that may be issued in respect of the period referred to in paragraph (a).

9. Subsection 27(1) of the regulations is repealed and the following substituted:

Beaver Management Area

27. (1) This section applies to the trapping of beaver in any area designated as a Beaver Management Area in an order for beaver trapping and for the purpose of this section, "order" means an order made under these regulations.

10. (1) Subsection 35(1) of the regulations is repealed and the following substituted:

Big game

35. (1) The minister may, upon application by a person or any 2 or more persons, issue a big game licence to take big game by shooting.

(2) Subsection 35(3) of the regulations is repealed and the following substituted:

(3) Every licence, seal or tag issued under subsections (1) and (2) is valid only until the big game animal has been killed or for the period of the open season in respect of which the licence, seal or tag is issued, whichever first occurs.

(3) Subsection 35(14) of the regulations is repealed and the following substituted:

(14) The persons who are named in a licence to shoot big game are the only persons eligible to hunt with the licence.

(4) Subsection 35(16) of the regulations is repealed and the following substituted:

(16) Subsections (9) to (13) do not apply in the Labrador portion of the province where one person may be designated to hunt for another in accordance with the provisions of an order made under these regulations.

11. Section 36 of the regulations is repealed and the following substituted:

Age limit

36. (1) A person under 16 years of age on August 31 in the year in which an application for a big game licence is made and a person on behalf of that person shall not apply for a big game licence.

(2) A big game licence shall not be issued in respect of a person who is not 16 years of age on August 31 in the year to which the licence relates.

12. Section 36.1 of the regulations is repealed.

13. Subsections 36.2(3) and (4) of the regulations are repealed and the following substituted:

(3) A designated hunter shall, at all times while hunting for a hunter with a disability,

(a) keep the hunter with a disability within sight or keep within 800 metres of the hunter with a disability; and

(b) possess the licence and tags of the hunter with a disability.

(4) Notwithstanding paragraph (3)(a), a designated hunter is not required to keep the hunter with a disability within sight or keep within 800 metres of the hunter with a disability when that designated hunter is in pursuit of an animal that he or she has injured.

14. Subsection 37(2) of the regulations is repealed and the following substituted:

(2) Except as provided for in subsection 35(12) or paragraph 36.2(3)(b), a holder of a big game licence shall not hunt, take or kill big game unless the licence is on the person of the licence holder.

15. Subsection 43(2) of the regulations is repealed and the following substituted:

(2) Notwithstanding subsection (1), a person may hunt, take or kill a black bear by snaring where that person

(a) holds a valid licence under this part to shoot big game; or

(b) is authorized to do so by the minister or his or her agent.

16. (1) Subsection 45(6) of the regulations is repealed and the following substituted:

(6) A permit to collect shed antlers, containing the conditions of sale, shall be obtained from the minister or an agent of the minister for collection and sale under subsection (5).

(2) Subsections 45(8) and (9) of the regulations are repealed and the following substituted:

(8) A permit to collect moose and caribou parts, specifying the parts to be collected and containing conditions of the disposition of those parts, shall be obtained from the minister or an agent of the minister for collection and sale under subsection (7).

(9) Craft manufacturers purchasing big game animal parts shall obtain a permit to purchase moose and caribou animals parts, containing the conditions of purchase, authorized by the minister or an agent of the minister.

17. Section 71 of the regulations is repealed and the following substituted:

Small game licences

71. The minister may, upon application by a person, issue to that person a small game licence

(a) to take or kill ptarmigan, spruce grouse and ruffed grouse by shooting or snaring;

(b) to take or kill ptarmigan, spruce grouse and ruffed grouse by snaring;

(d) to take or kill rabbits (varying hares) and arctic hares by snaring.

18. Section 72 of the regulations is repealed and the following substituted:

Age limit

72. (1) A person under 12 years of age and a person on behalf of a person under 12 years of age shall not apply for a small game licence to take or kill

(a) wild birds that are permitted to be hunted by shooting under the authority of a permit issued under the Migratory Birds Convention Act, 1994 (Canada); or

(b) ptarmigan, spruce grouse and ruffed grouse by shooting or snaring.

(2) A person under 12 years of age or a person on his or her behalf may apply for and be issued a small game licence to take or kill ptarmigan, spruce grouse and ruffed grouse by snaring.

(3) A person under 12 years of age or a person on his or her behalf may apply for and be issued a small game licence to take or kill rabbits (varying hares) and arctic hares by snaring.

(4) Subject to subsections (2) and (3), a small game licence shall not be issued to a person under 12 years of age or to a person on his or her behalf.

(5) Where a small game licence is issued to a person under 12 years of age it shall be clearly marked "not valid for shooting".

19. Section 74 of the regulations is repealed and the following substituted:

Licences required by hunters

74. (1) A person who is not the holder of a small game licence issued and valid under these regulations shall not hunt, take or kill small game except wild birds which may be hunted, taken or killed by the holder of a migratory game bird hunting permit.

(2) A person shall not hunt wild birds permitted to be hunted under the authority of a permit issued under the Migratory Birds Convention Act, 1994 (Canada) unless he or she is the holder of a Canada Migratory Game Bird Hunting Permit issued under the authority of the Migratory Birds Regulations (Canada).

(3) A holder of a small game licence shall not hunt, take or kill any small game unless he or she has his or her licence on his or her person.

20. Subsection 75(2) of the regulations is repealed and the following substituted:

(2) A person shall not take or destroy the nests or eggs of any wild birds except when authorized under the provisions of the Migratory Birds Convention Act, 1994 (Canada) and the regulations.

21. Section 80 of the regulations is repealed and the following substituted:

Bag limits

80. A person shall not take or kill in any open season more small game than the quantity specified in an order made under these regulations.

22. Subsection 81.1(1) of the regulations is repealed and the following substituted:

Coyote licence

81.1 (1) The minister may, upon application by a person 12 years of age and over, issue to that person a coyote licence to take coyote by shooting.

23. Subsection 81.3(2) of the regulations is repealed and the following substituted:

(2) A person who holds a coyote licence shall not hunt, take or kill coyote unless the person has his or her licence on his or her person.

24. Section 89 of the regulations is repealed and the following substituted:

Closed season except by order

89. In relation to any wild life species that is not named in an order made under these regulations, there is no open season.

25. Section 91 of the regulations is repealed and the following substituted:

Complimentary licences

91. The minister may issue game and fishing licences, tags and seals free of charge to His Honour the Lieutenant-Governor, the Honourable the Premier, former premiers and distinguished visitors to the province.

26. The regulations are amended by adding immediately after section 91 the following:

Training requirements

91.1 (1) A licence shall not be issued to a person, including a person who has a disability affecting hunting activities, to hunt, take or kill an animal

(a) by trapping unless the person has completed, where required by the minister, a trapping education course or program; and

(b) by shooting or with a firearm unless the person has completed, where required by the minister,

(i) a hunting education course or program, and

(ii) a firearm safety course or program.

(2) Notwithstanding paragraph (1)(b), a person who is legally blind may be exempted from the standard testing in a hunting education or firearm safety course or 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.

Consent required

91.2 (1) A licence that permits a youth to use a firearm shall not be issued to a youth without the written consent of a parent or a person who has custody of the youth where

(a) the youth is under 16 years of age and the licence is a trapper's licence issued under Part II or III;

(b) the youth is under 18 years of age and the licence is a big game licence issued under Part IV;

(d) the youth is under 16 years of age and the licence is a coyote licence issued under Part V.1.

(2) The minister may prescribe the form in which written consent under this section is provided.

(3) A youth or a designated adult accompanying and supervising the youth shall carry the written consent required under subsection (1) while carrying, transporting, possessing or using firearms in any place frequented by wild life.

(4) A youth under 16 years of age who is hunting under the authority of a permit issued under the Migratory Birds Convention Act, 1994 (Canada) or a designated adult accompanying and supervising the youth shall carry the written consent of a parent or person who has custody of the youth to hunt by shooting or with a firearm.

27. Section 96 of the regulations is repealed and the following substituted:

Issue of licence prohibited

96. A person shall not issue a hunting licence to a person under the ages specified in these regulations.

28. Subsections 97(1) and (2) of the regulations is repealed and the following substituted:

Production of licences

97. (1) When requested or required to do so by a wild life officer, a person shall not refuse or neglect to produce or permit the examination of

(a) game licences and tags;

(b) permissions, consents and other documentation required to be carried under these regulations;

(d) wild life.

(2) A holder of a game licence, tag, permission, consent or other documentation issued or required under these regulations shall not permit it to be used by another person.

29. Subsection 101(1) of the regulations is repealed and the following substituted:

Alteration or transfer of licence

101. (1) A person shall not alter, change or deface in a material manner or loan or transfer to another person a hunting, trapping or inland fishery licence or written permission or tag issued under the Act or these regulations.

30. The regulations are amended by adding immediately after section 101 the following:

PART VII.1
YOUTH SHOOTING LICENCES AND DESIGNATED ADULTS

Designated adult required

101.1 (1) A designated adult shall accompany and supervise a youth while the youth is hunting, taking or killing an animal by shooting

(a) under a trapper's licence issued under Part II or III and the youth is 12 years of age or over but under 16 years of age;

(b) under a big game licence issued under Part IV and the youth is 16 years of age or over but under 18 years of age;

(d) under a coyote licence issued under Part V.1 and the youth is 12 years of age or over but under 16 years of age; and

(e) under the authority of a permit issued under the Migratory Birds Convention Act, 1994 (Canada) and the youth is 12 years of age or over but under 16 years of age.

(2) While accompanying and supervising a youth, a designated adult shall, at all times,

(a) remain within arm's length of the youth; and

(b) be able to take control of the firearm if necessary.

(3) A designated adult shall not accompany and supervise more than 2 youths at one time.

Injured animals

101.2 (1) Notwithstanding the requirement under these regulations to hold a valid licence in order to hunt, take or kill an animal by shooting or with a firearm, a designated adult may shoot an animal that has been injured by a youth hunting under a valid licence for the purpose of assisting the youth.

(2) Notwithstanding paragraph 101.1(2)(a), a designated adult assisting a youth under subsection (1) shall keep the youth within sight at all times.

(3) Notwithstanding paragraph 101.1(2)(a), a designated adult is not required to keep the youth within sight at all times where the designated adult is pursuing an animal that has been injured by the youth.

Designated adults generally

101.3 (1) A person shall not be a designated adult unless

(a) the person is over the age of 18 years;

(b) the person is not prohibited from carrying, transporting, possessing or using a firearm or from being a designated adult;

(c) the person is eligible for the same type of licence under which the youth is hunting, taking or killing an animal by shooting; and

(d) where the person is not a parent of the youth or does not have custody of the youth, he or she has been designated by a parent or person with custody of the youth to accompany and supervise the youth while the youth is hunting, taking or killing an animal by shooting.

(2) A designated adult shall carry evidence of his or her eligibility under paragraph (1)(c) while accompanying and supervising a youth.

(3) A designation under paragraph (1)(d) shall be in writing and signed by a parent or person in custody of the youth.

(4) A designated adult or the youth that he or she is accompanying and supervising shall carry the designation required under this section while the youth is hunting, taking or killing an animal by shooting.

Offences

101.4 (1) A designated adult who contravenes a requirement or obligation imposed on him or her under this Part is guilty of an offence and liable on summary conviction

(a) for a first offence to a fine of not less than $300 nor more than $500 and in default of payment to imprisonment for a period not exceeding 6 months;

(b) for a second offence that occurs within 3 years of the first conviction to a fine of not less than $300 nor more than $500 and in default of payment to imprisonment for a period not exceeding 6 months; and

(c) for a subsequent offence that occurs within 3 years of the previous convictions to a fine of $500 and in default of payment to imprisonment for a period not exceeding 6 months.

(2) Where a person is convicted of an offence under paragraph (1)(b), the Provincial Court judge shall, in addition to another penalty imposed for the offence, make an order prohibiting the person from being a designated adult under these regulations for a period of 2 years from the date of conviction.

(3) Where a person is convicted of an offence under paragraph (1)(c), the Provincial Court judge shall, in addition to another penalty imposed for the offence, make an order prohibiting the person from

(a) being a designated adult under these regulations for a period of 5 years from the date of conviction; and

(b) holding a trapper's licence issued under Part II, a big game licence issued under Part IV or a small game licence issued under Part V for 5 years from the date of conviction.

(4) A person is guilty of an offence who, during a period of prohibition under subsection (2) or (3), accompanies or supervises a youth as a designated adult, applies for a licence, obtains a licence or makes a false statement for the purpose of obtaining a licence.

31. The regulations are amended by repealing the heading "PART IX AIRCRAFT AND CERTAIN VEHICLES" and substituting the following:

PART IX
GENERAL

32. (1) Section 107 of the regulations is amended by adding immediately after subsection (4.1) the following:

(4.2) A person shall carry an outdoor identification card or other identification recognized by the minister while he or she is carrying, transporting, possessing or using a firearm under the authority of a valid licence in any place frequented by wild life.

(2) Subsection 107(10) of the regulations is repealed and the following substituted:

(10) A person under the age of 12 years shall not carry, transport, possess or use firearms in any place frequented by wild life, except when authorized by a permit issued by the minister or his or her agent.

(10.1) A person under the age of 18 years shall be accompanied and supervised by a designated adult where required under Part VII.1 while carrying, transporting, possessing or using firearms in any place frequented by wild life.

33. The regulations are amended by repealing the heading "PART X GENERAL".

34. Section 109 of the regulations is repealed and the following substituted:

Checkstations

109. When directed by a wild life officer, every person shall stop at a wild life checkstation and shall produce the following for inspection:

(a) game licences and tags;

(b) permissions, consents and other documentation required to be carried under these regulations;

(d) wild life.

35. The regulations are amended by adding immediately after section 114 the following:

Transitional

114.1 (1) Notwithstanding paragraphs 91.2(1)(a) and (b), a trapper's licence to hunt, take or kill fur bearing animals or a big game licence to hunt, take or kill black bears that permits a youth to use a firearm may be issued to a youth without the written consent of a parent or a person who has custody of the youth at the time the licence is issued.

(2) Subsection (1) only applies to trapper's licences to hunt, take or kill fur bearing animals issued under Part II and big game licences to hunt, take or kill black bears issued under Part IV that are

(a) issued after this section comes into force; and

(b) valid during an open season beginning in the same year this section comes into force.

(3) A youth who is issued a licence without the written consent of a parent or a person who has custody of the youth at the time the licence is issued under subsection (1) shall carry the written consent of a parent or person who has custody of the youth while carrying, transporting, possessing or using firearms in any place frequented by wild life while hunting under the authority of that licence.

Repeal

36. Section 114.1 of the regulations is repealed.

Commencement

37. Section 36 comes into force on June 1, 2018.