This is an official version.

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1138/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1138/96

Guides Regulations
under the
Wild Life Act
(O.C. 96‑785)

Under the authority of section 7 of the Wild Life Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Licence requirements

        4.   Application to minister

        5.   Registration

        6.   Age limit

        7.   Guide licence

        8.   Re‑registration

        9.   Guiding without a licence

      10.   Guiding unlicensed persons

      11.   Guide to report offences

      12.   Production of licence

      13.   Licence not transferable

      14.   Fishing and shooting by guides prohibited whilst employed

      15.   Maximum charges

      16.   Number guide may accompany

      17.   Cancellation of licence

      18.   Camp help

      19.   Guide to make report

      20.   Misrepresentation

      21.   Expiry

      22.   Repeal


Short title

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

347/80 s1

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;

             (c)  "minister" means the minister appointed under the Executive Council Act to administer the Wild Life Act; and

             (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.

347/80 s2

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.

347/80 s3

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.

347/80 s4

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.

347/80 s5

Age limit

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

347/80 s6

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.

347/80 s7

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.

347/80 s8

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.

347/80 s9

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.

347/80 s10

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.

347/80 s11

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.

347/80 s12

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.

347/80 s13

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.

347/80 s14

Maximum charges

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

347/80 s15

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.

347/80 s16

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.

347/80 s17

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.

347/80 s18

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;

             (c)  the location of pond, river, or areas guided;

             (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.

347/80 s20

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.

347/80 s21

Expiry

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

Repeal

      22. The Guides Regulations, 1980, Newfoundland Regulation 347/80, are repealed.