24

 

 

First Session, 51st General Assembly

5 Charles III, 2026

BILL 24

AN ACT RESPECTING RESOURCE ENFORCEMENT OFFICERS

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE PLEAMAN FORSEY

Minister of Forestry, Agriculture and Lands

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would enact the Resource Enforcement Act.

This Bill would

ˇ         authorize the appointment of resource enforcement officers to enforce the Animal Health and Protection Act, Endangered Species Act, Environmental Protection Act, Forestry Act, Lands Act, Off-Road Vehicles Act, Provincial Parks Act, Water Resources Act, Wild Life Act, and Wilderness and Ecological Reserves Act;

ˇ         authorize the Lieutenant-Governor in Council to amend the schedules to the Act when the House of Assembly is not in session; and

ˇ         make consequential amendments to the Acts prescribed in Schedule A to add references to resource enforcement officers.

A BILL

AN ACT RESPECTING RESOURCE ENFORCEMENT OFFICERS

Analysis

        1.   Short title

        2.   Interpretation

        3.   Labrador Inuit rights

        4.   Appointment of resource enforcement officers

        5.   Duties, obligations and protections of resource enforcement officers

        6.   Oath or affirmation

        7.   Code of conduct

        8.   Agreements

        9.   Schedules

      10.   Regulations

      11.   SNL2010 cA-9.1 Amdt.

      12.   SNL2001 cE-10.1 Amdt.

      13.   SNL2002 cE-14.2 Amdt.

      14.   RSNL1990 cF-23 Amdt.

      15.   SNL1991 c36 Amdt.

      16.   SNL2021 cO-5.1 Amdt.

      17.   RSNL1990 cP-32
Amdt.

      18.   SNL2002 cW-4.01 Amdt.

      19.   RSNL1990 cW-8 Amdt.

      20.   RSNL1990 cW-9 Amdt.

      21.   NLR 91/97 Amdt.

              Schedule A

              Schedule B

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Resource Enforcement Act.

Interpretation

        2. (1) In this Act

             (a)  "department" means the department presided over by the minister;

             (b)  "director" means the director of the division;

             (c)  "division" means the division of the department that is responsible for the enforcement of the Acts prescribed in Schedule A;

             (d)  "minister" means the minister appointed under the Executive Council Act to administer this Act; and

             (e)  "resource enforcement officer" means a person appointed under section 4.

             (2)  In this Act, a reference to an Act includes regulations made under that Act.

Labrador Inuit rights

        3. This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

Appointment of resource enforcement officers

        4. The minister may appoint a person as a resource enforcement officer.

Duties, obligations and protections of resource enforcement officers

        5. (1) A resource enforcement officer may

             (a)  enforce an Act prescribed in Schedule A; and

             (b)  exercise the powers and perform the duties of an inspector, officer or official prescribed in Schedule B.

             (2)  When enforcing an Act prescribed in Schedule A, a resource enforcement officer

             (a)  is subject to the same obligations and requirements imposed on an inspector, officer or official prescribed in Schedule B; and

             (b)  has the same protections and immunities of an inspector, officer or official prescribed in Schedule B.

Oath or affirmation

        6. Before acting as a resource enforcement officer, a resource enforcement officer shall take and sign before a person authorized to administer oaths or affirmations, an oath or affirmation in the following form:

"I,................., of ................., in the Province of Newfoundland and Labrador, do solemnly swear (or affirm) that I will faithfully, honestly, impartially, and to the best of my skill and ability, fulfil, execute and perform the duties of a resource enforcement officer according to the true intent and meaning of the Resource Enforcement Act and regulations made under that Act." (Where an oath is taken add "So help me God").

Code of conduct

        7. The director shall establish a code of conduct for resource enforcement officers.

Agreements

        8. (1) The minister may enter into an agreement with the Government of Canada or another province or territory of Canada for a purpose related to this Act.

             (2)  An agreement made under subsection (1) with the Government of Canada or another province or territory of Canada is subject to the Intergovernmental Affairs Act.

Schedules

        9. (1) When the House of Assembly is not in session, the Lieutenant-Governor in Council may, by order, amend Schedules A and B, but the order shall not continue in force beyond the end of the next sitting of the House of Assembly.

             (2)  An order made under subsection (1) is subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

Regulations

      10. The Lieutenant-Governor in Council may make regulations 

             (a)  defining a word or phrase used but not defined in this Act; and

             (b)  generally, to give effect to the purpose of this Act.

SNL2010 cA-9.1 Amdt.

      11. Paragraph 2(1)(l) of the Animal Health and Protection Act is repealed and the following substituted:

              (l)  "inspector" means

                      (i)  an inspector appointed or designated under section 68, and

                     (ii)  a resource enforcement officer appointed under the Resource Enforcement Act;

SNL2001 cE-10.1 Amdt.

      12. Paragraph 2(a) of the Endangered Species Act is repealed and the following substituted:

             (a)  "conservation officer" means

                      (i)  a person appointed by the minister under section 31,

                     (ii)  a person appointed under the Wild Life Act or the Forestry Act to administer and enforce those Acts, and

                    (iii)  a resource enforcement officer appointed under the Resource Enforcement Act;

SNL2002 cE-14.2 Amdt.

      13. Paragraph 2(r) of the Environmental Protection Act is repealed and the following substituted:

              (r)  "inspector" means

                      (i)  an inspector appointed under section 89, and

                     (ii)  a resource enforcement officer appointed under the Resource Enforcement Act;

RSNL1990 cF-23 Amdt.

      14. Paragraph 2(k) of the Forestry Act is repealed and the following substituted:

             (k)  "forestry official" means

                      (i)  an official of the forest service authorized by the minister to carry out the provisions of this Act and the regulations,

                     (ii)  a wild life officer appointed under the Wild Life Act relative to offences occurring within park boundaries, and

                    (iii)  a resource enforcement officer appointed under the Resource Enforcement Act;

SNL1991 c36 Amdt.

      15. (1) Section 2 of the Lands Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  "inspector" means

                      (i)  a person appointed under section 73.4, and

                     (ii)  a resource enforcement officer appointed under the Resource Enforcement Act;

             (2)  Subsection 24(1) of the Act is amended by deleting the words "a person authorized by the minister in writing" and substituting the words "an inspector".

             (3)  Subsection 24(2) of the Act is amended by deleting the words "of a person" and substituting the words "of an inspector".

             (4)  Subsection 32(6) of the Act is amended by deleting the words "a person acting under the authority of the minister" and substituting the words "an inspector".

             (5)  Section 52 of the Act is amended by deleting the words "a person appointed by the minister for the purpose" and substituting the words "an inspector".

             (6)  The Act is amended by adding immediately after section 73.3 the following:

Inspectors

   73.4 The minister may appoint a person or a class of persons to act as inspectors for the purposes of

             (a)  section 24;

             (b)  subsection 32(6);

             (c)  section 52.

SNL2021 cO-5.1 Amdt.

      16. Paragraph 2(p) of the Off-Road Vehicles Act is amended by deleting the word "and" at the end of subparagraph (vi), deleting the semi-colon at the end of subparagraph (vii) and substituting a comma and the word "and" and adding immediately after subparagraph (vii) the following:

                  (viii)  a resource enforcement officer appointed under the Resource Enforcement Act;

RSNL1990 cP-32
Amdt.

      17. Section 2 of the Provincial Parks Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  "officer" means

                      (i)  a person appointed under section 6, and

                     (ii)  a resource enforcement officer appointed under the Resource Enforcement Act;

SNL2002 cW-4.01 Amdt.

      18. Paragraph 2(1)(k) of the Water Resources Act is repealed and the following substituted:

             (k)  "inspector" means

                      (i)  a person designated as an inspector under section 66, and

                     (ii) a resource enforcement officer appointed under the Resource Enforcement Act;

RSNL1990 cW-8 Amdt.

      19. Paragraph 2(r) of the Wild Life Act is amended by deleting the word "and" at the end of clause (ii)(B), deleting the semi-colon at the end of subparagraph (iii) and substituting a comma and adding immediately after subparagraph (iii) the following:

                    (iv)  a resource enforcement officer appointed under the Resource Enforcement Act; and

RSNL1990 cW-9 Amdt.

      20. Section 2 of the Wilderness and Ecological Reserves Act is amended by adding immediately after paragraph (e) the following:

          (e.1)  "officer" means

                      (i)  a person appointed under section 25.1, and

                     (ii)  a resource enforcement officer appointed under the Resource Enforcement Act;

NLR 91/97
Amdt.

      21. Paragraph 2(f) of the Provincial Parks Regulations is repealed.

Schedule A

Animal Health and Protection Act

Endangered Species Act

Environmental Protection Act

Forestry Act

Lands Act

Off-Road Vehicles Act

Provincial Parks Act

Water Resources Act

Wild Life Act

Wilderness and Ecological Reserves Act

Schedule B

Inspector appointed under the Animal Health and Protection Act

Conservation officer appointed under the Endangered Species Act

Inspector appointed under the Environmental Protection Act

Forestry official authorized under the Forestry Act

Inspector appointed under the Lands Act

Peace officer designated under the Off-Road Vehicles Act

Officer appointed under the Provincial Parks Act

Inspector designated under the Water Resources Act

Wild life officer appointed under the Wild Life Act

Officer appointed under the Wilderness and Ecological Reserves Act

ŠKing's Printer