Wildlife Act

CHAPTER 504

OF THE

REVISED STATUTES, 1989

amended 1990, c. 50; 1993, c. 9, s.8; 1995-96, c. 8, s. 22; 1995-96, c. 25


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An Act to Provide for the Protection,
Management and Conservation of
Wildlife and Wildlife Habitats

 

Short title

1 This Act may be cited as the Wildlife Act. R.S., c. 504, s. 2.

 

 

Object and purpose

2 The object and purpose of this Act is to

 

(a) develop and implement policies and programs for wildlife designed to maintain diversity of species at levels of abundance to meet management objectives;

 

(b) integrate appropriate protective measures into policies for use on Crown lands and in guidelines for forest management and other programs on privately owned land to ensure adequate habitat for established populations of wildlife;

 

(c) provide for the regulation of hunting and fishing and the possession and sale of wildlife; and

 

(d) provide for the continuing renewal of the resource while managing for its optimum recreational and economic uses. R.S., c. 504, s. 2.

 

 

Interpretation

3 (1) In this Act,

 

(a) "analyst" means a person designated as an analyst pursuant to this Act;

 

(b) "automatic firearm" means a firearm that is capable of firing bullets in rapid succession during one press of the trigger;

 

 

(c) "bag limit" means the total number of a species that may be taken by a hunter, trapper or fisherman per day per season or for any time period specified in the regulations;

 

(d) "big game" means bear, moose, deer and any wildlife which may be designated as big game by the Governor in Council, and includes any part of such wildlife;

 

(e) "bow" means a tool for projecting arrows which consists of a handle and one or more flexible limbs which are held bent by a string or cable which is drawn, pulled or released or held in a drawn position by hand or hand held release and not by any mechanical device attached to any portion of the bow other than the bowstring;

 

(f) "camp" means a temporary residence other than a principal place of residence and includes a tent, trailer, vehicle or vessel which may be used for the purpose of a shelter or temporary residence;

 

(g) "certificate" means an instrument issued pursuant to regulations made pursuant to Section 29;

 

(h) "climatologist" means a person who specializes in dealing with climates and their phenomena;

 

(i) "closed season" means a period other than the open season for the hunting or fishing of a species of wildlife during which that species is protected by this Act or the regulations;

 

(j) "conservation" means the wise use of the wildlife resource through management, including both complete protection and utilization, toward the maintenance of sustained, optimum populations of wildlife;

 

 

(k) "conservation officer" means any person designated a conservation officer pursuant to this Act or the Forests Act;

 

(l) "Crown lands" means land, whether or not it is covered by water, or an interest in land vested in Her Majesty in right of the Province;

 

(m) "deer family" means moose, caribou and deer;

 

(n) "Department" means the Department of Lands and Forests;

 

(o) "Director of Wildlife" means a person appointed to the position of Director of Wildlife in the Department;

 

(p) "endangered species" means wildlife of a kind prescribed as such pursuant to this Act or the regulations;

 

(q) "exotic wildlife" means all birds, mammals and other vertebrates that are not indigenous to the Province and that in their natural habitat are usually wild by nature, and includes any part of such birds, mammals or other vertebrates;

 

(r) "firearm" means any barrelled weapon from which any shot, bullet or other missile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm;

 

(s) "fish" means all species of fish and any part of such fish found in Provincial waters;

 

(t) "fishing" means fishing for, catching or attempting to catch fish by any method;

 

(u) "forest land" means land bearing forest growth or land from which the forest has been removed but which shows surface evidence of past forest occupancy and is not now in other use;

 

(v) "fur buyer" means a person engaged in the business of buying, selling or trading in pelts or skins of fur-bearing animals or other wildlife designated by the Governor in Council;

 

(w) "fur-bearing animal" means beaver, muskrat, red squirrel, mink, otter, skunk, weasel, fisher, marten, lynx, bobcat, cougar, fox, coyote, raccoon and any other non-domesticated animal which may be designated as a fur-bearing animal by the Governor in Council, and includes any part of such animal, but does not include bear or snowshoe hare;

 

(x) "gallinaceous bird" includes all species of grouse, partridge, pheasant, quail, ptarmigan and wild turkey and the eggs of all such species;

 

(y) "game" means all big game, small game and fur-bearing animals, and all species of animals and birds which are wild by nature and designated as game by the Governor in Council;

 

(z) "game bird" means a wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act (Canada);

 

(aa) "green hide" means any fresh untanned hide or pelt;

 

(ab) "guide" means any person who meets the qualification requirements set out in the regulations and who, for compensation or reward received or contracted for, supervises and assists another person to hunt wildlife or angle for fish and is licensed by the Minister as a guide;

 

(ac) "highway" means a public highway, street, lane, road, alley, park or place and includes the bridges thereon;

 

(ad) "hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, attempting to trap, snaring or attempting to snare, shooting at, stalking or lying in wait for any wildlife whether or not the wildlife is then or subsequently captured, killed, taken or wounded, but does not include stalking, attracting, searching for or lying in wait for any wildlife by an unarmed person solely for the purpose of watching or taking pictures of it;

 

(ae) "licence" or "permit" means an instrument issued pursuant to this Act or the regulations conferring upon the holder the privilege of doing the things set forth in it subject to the conditions, limitations and restrictions contained in it and in this Act and the regulations;

 

(af) "Minister" means the Minister of Lands and Forests;

 

(ag) "non-resident" means any person who is not a resident;

 

(ah) "open season" means a period specified by the regulations during which time certain wildlife may be taken;

 

(ai) "pelt" means the untanned skin of any wildlife but does not include the green hide of a moose or deer;

 

(aj) "possession limit" means the maximum number of a wildlife species that may be possessed by a hunter, trapper or fisherman for any time period specified in the regulations;

 

(ak) "prescribed" means prescribed by regulation;

 

(al) "protected", as applied to wildlife, means protected throughout the year or for any open or closed season, pursuant to this Act or the regulations;

 

 

(am) "resident", at any time, means a person permanently or ordinarily resident in the Province for the two months immediately preceding that time, and includes

 

(an) "shooting preserve" means land on which wildlife has been released for the purpose of hunting whether that wildlife has been raised in captivity on that land or other lands;

 

(ao) "small game" means snowshoe hare and any gallinaceous bird or game bird as herein defined and any other animal or bird designated as small game by the Governor in Council;

 

(ap) "snare" means a device for the taking of wildlife whereby they are caught in a noose;

 

(aq) "snaring" means the placing of one or more snares in locations where wildlife are likely to be caught in a noose;

 

(ar) "tag" means the instrument issued pursuant to this Act or the regulations and forms part of the licence or permit under which it was issued;

 

(as) "take", when used in relation to wildlife, includes the capturing or taking into possession of wildlife whether dead or alive;

 

(at) "taxidermist" means any person who engages in the business of the preservation or mounting of wildlife or parts thereof or their eggs;

 

 

(au) "threatened species" means wildlife of a kind prescribed as such pursuant to this Act or the regulations;

 

(av) "trap" means a snare, spring trap, deadfall, box trap, net or device used to capture wildlife;

 

(aw) "trapping" means the placing of one or more traps in locations where wildlife may be trapped;

 

(ax) "vehicle" means any vehicle propelled or driven otherwise than by muscular power, whether or not the vehicle is registered pursuant to the Motor Vehicle Act, and includes an airplane;

 

(ay) "vendor" means a person who has been appointed a vendor of licences or permits by the Minister;

 

(az) "vessel" means a means of conveyance of a kind used on water and includes any accessory to the vessel;

 

(ba) "wildlife" means any species of vertebrate which is wild by nature and hence not normally dependent on man to directly provide its food, shelter or water;

 

(bb) "wildlife habitat" means any water or land where wildlife may be found and the roads and highways thereon;

 

(bc) "wildlife management" means any purposeful intervention designed to preserve, protect, control, maintain or enhance wildlife populations or wildlife habitats;

 

(bd) "wildlife management area" means an area designated pursuant to this Act for the management of wildlife;

 

(be) "wildlife park" means an area of land designated or licensed pursuant to this Act as a wildlife park;

 

(bf) "wildlife sanctuary" means an area of land designated pursuant to this Act as a wildlife sanctuary;

 

(bg) "woods" means forest land and rock barren, brushland, dry marsh, bog and muskeg.

 

Interpretation

(2) For the purpose of this Act,

 

(a) a person is in possession of a thing when it is in that persons personal possession or when that person knowingly

 

(b) when one of two or more persons, with the knowledge and consent of the rest has anything in that persons custody or possession, it is in the possession of each of them. R.S., c. 504, s. 3; 1990, c. 50, s. 1; 1995-96, c. 8, s. 22.

 

 

Ownership of wildlife

4 (1) Subject to subsection (2), the property in all wildlife situate within the Province, while in a state of nature, is hereby declared to be vested in Her Majesty in right of the Province and no person shall acquire any right or property therein otherwise than in accordance with this Act and the regulations.

 

Property right of individual

(2) A person who lawfully kills wildlife and complies with all applicable provisions of this Act and the regulations acquires the right of property in that wildlife.

 

 

No action against Province

(3) Notwithstanding anything in this Act, no right of action lies and no right of compensation exists against Her Majesty in right of the Province for death, personal injury or property damage caused by wildlife, or any wildlife that escapes or is released from captivity or is abandoned within the Province. R.S., c. 504, s. 4.

 

 

Supervision and management

5 (1) The Minister has the general supervision and management of this Act and the regulations.

 

Delegation

(2) The Minister may from time to time designate persons to act on behalf of the Minister. R.S., c. 504, s. 5.

 

 

Responsibilities of Minister

6 (1) The Minister is responsible for overseeing the protection, management and conservation of wildlife in the Province.

 

Powers of Minister

(2) The Minister may

 

(a) undertake, promote or recommend measures allowing for public co-operation in wildlife conservation;

 

(b) co-ordinate and implement wildlife policies and programs in co-operation with a federal, provincial or municipal government or agency thereof;

 

(c) co-ordinate the development and implementation of policies and programs designed to protect and conserve wildlife and wildlife habitats;

 

(d) develop and implement suitable programs of education, safety, training and certification for hunters and trappers;

 

(e) enter into an agreement with any person to provide for the undertaking of wildlife research and conservation programs and measures and the administration of lands for such purposes;

 

(f) take such measures as the Minister deems necessary for the protection of threatened or endangered wildlife;

 

(g) initiate conferences and meetings respecting wildlife;

 

(h) develop suitable guidelines and standards to optimize the impacts of various forest management practices on wildlife and wildlife habitats, taking into consideration the provisions of the Forests Act and the Forest Enhancement Act;

 

(i) undertake matters that may be assigned pursuant to this Act and the regulations.

 

Responsibility of Minister of Fisheries

(3) Except with respect to licensing, enforcement and wildlife habitat, where wildlife management involves fish, the primary responsibility is that of the Minister of Fisheries. R.S., c. 504, s. 6.

 

 

7 repealed 1993, c. 9, s. 8.

 

 

Director of Wildlife

8 (1) The Minister may appoint a Director of Wildlife and conservation officers to administer and enforce this Act and the regulations.

 

Appointment of personnel

(2) The Director of Wildlife, conservation officers and other persons required for the administration of this Act and the regulations shall be appointed in accordance with the Civil Service Act.

 

Additional personnel

(3) Notwithstanding subsection (2), the Minister may utilize, upon such terms and conditions as the Minister deems fit, the services of such persons as the Minister considers necessary for the efficient carrying out of the intent and purpose of this Act and the regulations.

 

Police officer as conservation officer

(4) A member of the Royal Canadian Mounted Police and a police officer of a city or incorporated town is by virtue of office a conservation officer pursuant to this Act and has the powers of a conservation officer.

 

Powers of peace officer

(5) A conservation officer, in carrying out duties pursuant to this Act and the regulations, has and may exercise in any part of the Province all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

 

Protection for person assisting conservation officer

(6) The protection afforded by this Act and any other enactment to a conservation officer extends to any other person while and to the extent that that person is in the course of assisting a conservation officer under the conservation officers direction.

 

Administering of oaths

(7) A conservation officer may administer oaths to any person making a declaration or affidavit pursuant to this Act.

 

Uniform and badge

(8) No person, except a conservation officer, shall use or wear a uniform or badge identifying that person as a conservation officer. R.S., c. 504, s.8; 1990, c. 50, s. 2.

 

 

Oath or affirmation

9 (1) A conservation officer, before commencing duties pursuant to this Act, shall take an oath or affirmation as prescribed by the regulations.

 

Exception

(2) Subsection (1) does not apply to members of the Royal Canadian Mounted Police, federal fisheries officers, national park wardens or conservation officers who have already taken and subscribed an oath of office.

 

Identification card as proof of office

(3) A copy of an identification card purporting to be signed by the Minister is proof in any court of law that the individual named therein is a conservation officer pursuant to this Act or the regulations without any further proof. R.S., c. 504, s.9.

 

 

Duty to report violations

10 (1) Every conservation officer having knowledge of any violation of this Act or the regulations shall report the violation and act in accordance with the directions of the Department.

 

Name of informant confidential

(2) A conservation officer, who is furnished with information respecting a violation of this Act or the regulations, is not required to disclose the name of the informant. R.S., c. 504, s. 10.

 

 

Agreements

11 The Minister may, on behalf of the Province, enter into an agreement with the Government of Canada, the government of a province or the government of a foreign country, or state thereof, or an agency of any of the foregoing, or with a municipality or local government district or any society, group, organization, person or individual for

 

(a) the joint management of wildlife or mutual assistance in the enforcement of laws relative to wildlife;

 

(b) the development and implementation of joint informational, educational or training programs;

 

(c) the conduct of joint biological or ecological investigations;

 

(d) reciprocal arrangements for fees to be charged for licences, permits or wildlife certificates issued pursuant to this Act and their counterparts issued in the other jurisdictions;

 

(e) the joint management of wildlife habitats;

 

(f) the development and implementation of joint programs for the prevention of damage caused by wildlife;

 

(g) the development and implementation of joint programs for the control of wildlife,

 

and the agreement may include provisions for contributions by the Province toward the cost of implementing the provisions thereof. R.S., c. 504, s. 11.

 

Habitat Conservation Fund

12 (1) There is hereby established the Habitat Conservation Fund for the purpose of funding programs for the protection and enhancement of wildlife and wildlife habitats.

 

Payments into Fund

(2) There shall be paid into the Habitat Conservation Fund

 

(a) money acquired by gift, donation and bequest or by disposition of any land acquired for the purposes of the Fund;

 

(b) income accruing to the Fund; and

 

(c) in accordance with the Provincial Finance Act, money that accrues from any programs of the Province, including programs conducted under agreements with other governments, entered into for any of the purposes for which the Fund is established.

 

Expenditures from Fund

(3) The Minister may expend, in accordance with the Provincial Finance Act, money from the Habitat Conservation Fund for

 

 

(a) the enhancement of wildlife and wildlife habitats;

 

(b) the acquisition of land with the approval of the Governor in Council for the maintenance and management of a population of any species of wildlife and wildlife habitats;

 

(c) the furthering, stimulation and encouragement of knowledge and awareness of the Fund and of wildlife generally by way of promotional, educational or other programs;

 

(d) research pertaining to wildlife and wildlife habitats. R.S., c. 504, s. 12.

 

 

Acquisition of land

13 The Minister, with the approval of the Governor in Council, may, for the purpose of access to or the protection, management or conservation of wildlife, purchase, lease or otherwise acquire title to land. R.S., c. 504, s. 13.

 

 

Wildlife sanctuary

14 The Governor in Council may

 

(a) declare any Crown lands or, with the consent of the landowner, privately owned land a wildlife sanctuary and make such regulations as may be necessary for the control thereof and the protection of wildlife and associated habitats therein;

 

(b) add to or subtract from the area of any wildlife sanctuary;

 

(c) declare any area previously declared to be a wildlife sanctuary to no longer be a wildlife sanctuary. R.S., c. 504, s. 14.

 

 

Wildlife management area

15 The Governor in Council may

 

(a) declare any Crown lands or, with the consent of the landowner, privately owned land a wildlife management area and make such regulations as may be necessary for the control thereof and the management of wildlife and associated habitats therein;

 

(b) add to or subtract from any wildlife management area;

 

(c) declare any area previously declared to be a wildlife management area to no longer be a wildlife management area. R.S., c. 504, s. 15.

 

 

Wildlife park

16 (1) The Governor in Council may declare any Crown lands or, with the consent of the landowner, privately owned land a wildlife park and make such regulations as may be necessary for the control thereof and the management of wildlife and wildlife habitats.

 

Function of wildlife park

(2) Wildlife parks established pursuant to subsection (1) shall be used for the primary purpose of nature education where

 

(a) wildlife may be exhibited;

 

(b) research may be performed;

 

(c) breeding programs of certain wildlife species may be established;

 

(d) nature reserves may be established;

 

(e) camping or travelling may be prohibited or may be permitted subject to restrictions; and

 

(f) other public activities may be held subject to conditions set forth in the regulations.

 

Licence required

(3) No person shall operate a privately owned wildlife park without first obtaining a licence or permit from the Minister. R.S., c. 504, s. 16.

 

 

Wildlife research

17 The Minister may undertake studies and carry out programs on wildlife and wildlife habitats to

 

(a) identify, evaluate, monitor and study wildlife and wildlife habitats;

 

(b) provide for inventories of wildlife and wildlife habitats throughout the Province;

 

(c) assess the impacts of land-use activities on particular wildlife and wildlife habitats;

 

(d) establish priorities for wildlife conservation based on consistent evaluation systems of wildlife and wildlife habitats throughout the Province;

 

(e) assess the foresty [forestry] and wildlife interface and the environmental impact of various forestry practices;

 

(f) promote the long-term productivity, diversity and stability of forest and wetlands systems. R.S., c. 504, s. 17.

 

 

Wildlife education

18 In an effort to promote greater public awareness and understanding of wildlife and wildlife habitats, the Minister may

 

(a) work with private agencies and individuals to achieve the objectives of the Minister with respect to wildlife and wildlife habitats;

 

(b) promote educational programs with a focus on natural resource conservation and the role of safe and ethical hunting and fishing practices in the overall management of the wildlife resource;

 

 

 

 

(c) encourage an exchange of information between the public and private sectors with a view to a significant improvement in wildlife habitats;

 

(d) establish positive management measures which will allow acceptable economic uses of the land to co-exist with wildlife. R.S., c. 504, s. 18.

 

 

Endangered species

19 (1) Where the Minister considers that a species of wildlife is threatened with imminent extinction, the Governor in Council may by regulation designate the species as an endangered species.

 

Threatened species

(2) Where the Minister considers that a species of wildlife is likely to become endangered in the Province if the factors affecting its vulnerability are not reversed, the

 

 

Governor in Council may by regulation designate the species as a threatened species.

 

Habitat for endangered or threatened species

(3) The Minister, with the approval of the Governor in Council, may by regulation designate Crown lands or, with the consent of the landowner, privately owned land as a habitat for a species of wildlife designated as an endangered or threatened species. R.S., c. 504, s. 19.

 

 

Export for scientific or educational purposes

20 (1) The Minister may grant a permit to any person or the government of any province or state to secure and export, for propagation or for scientific, educational or other purpose that the Minister deems to be in the public interest,

 

(a) a specified number of any species of wildlife;

 

(b) a specified number of nests or eggs of any species of bird,

 

and the Minister may specify the time, place and method of taking such wildlife, nests or eggs.

 

Statement to Department

(2) A detailed statement of the wildlife secured pursuant to subsection (1) shall be returned to the Department as required by the permit. R.S., c. 504, s. 20.

 

 

Order of Minister respecting hunting or trapping

21 (1) Notwithstanding anything contained in this Act, the Minister may, by order, either prohibit or allow hunting or trapping, or a method of hunting or trapping, in any defined area of the Province for a period considered necessary for the proper management of wildlife in that area.

 

Notice of order

(2) The Minister shall endeavour to give notice of any order made pursuant to subsection (1) by whatever method the Minister considers most appropriate to all those who may be affected by the order.

 

Restriction on hunting or trapping

(3) No person shall, without permission from a conservation officer, hunt or trap in an area closed pursuant to subsection (1). R.S., c. 504, s. 21.

 

 

Appointment of vendors

22 (1) The Minister may

 

(a) appoint a vendor to sell licences or permits pursuant to this Act;

 

(b) require a vendor to provide a bond or other security for the faithful discharge of the vendors duties in such amount and with such sureties as the Minister considers necessary;

 

(c) terminate the appointment of any vendor at any time without notice.

 

Issue of licences by vendors only

(2) No person shall issue a licence or permit pursuant to this Act or the regulations or collect any fees in respect thereof unless appointed as a vendor pursuant to this Act. R.S., c. 504, s. 22.

 

 

Name and address on licence

23 (1) All licences or permits issued by a vendor shall indicate the name and address of the vendor and date of issue.

 

Validity

(2) No licence or permit is valid unless the name, address and signature of the applicant is plainly and legibly written thereon.

 

Vendor may require proof

(3) The vendor may require the applicant to furnish proof of age, residency, identity and other qualifications before any licence or permit is issued.

 

Restriction on issuance of licence

(4) No licence or permit shall be issued to a person who does not comply with the age, residency, identity and other qualifications set out in this Act or the regulations.

 

Offence

(5) No person shall issue or possess a licence or permit that

 

(a) does not bear the name and address of the applicant;

 

(b) does not bear the name of the vendor;

 

(c) is not dated; or

 

(d) is incomplete in some material respect.

 

Back dating prohibited

(6) No person shall back date any licence or permit issued pursuant to this Act or the regulations.

 

Restriction on number of licences

(7) Except as provided in the regulations, no vendor shall issue to any person in the same year more than one of the same type of licence or permit. R.S., c. 504, s. 23.

 

 

Collection of fees

24 (1) Every vendor of a licence or permit issued pursuant to this Act or the regulations shall be deemed to be a trustee of the Crown for any fee collected for the licence or permit.

 

Returns to be completed by vendor

(2) Every vendor shall complete, at such times as the Minister directs, such returns and deliver to the Minister all unsold licences or permits, all stubs of sold licences or permits and all money received from the sale of a licence or permit less any percentage allowed by way of commission.

 

Fees paid to vendor

(3) The Minister may prescribe the fees to be paid to vendors as a commission for the sale of any licence or permit issued pursuant to this Act or the regulations.

 

Examination of books

(4) Every vendor of a licence or permit shall permit a conservation officer or a designated employee of the Department to examine any books or records required by the Minister to be kept by the vendor. R.S., c. 504, s. 24.

 

 

Appointment of vendor terminated

25 Where a vendor

 

(a) fails or refuses to comply with the provisions of this Act or the regulations;

 

(b) fails or refuses to comply with an order of the Minister; or

 

(c) is convicted of an offence pursuant to this Act or the regulations,

 

the Minister may terminate the appointment of the vendor and the vendor shall return to the Minister all unsold licences or permits and the stubs of all sold licences and permits together with money received from the sale of licences or permits less any percentage allowed by way of commission. R.S., c. 504, s. 25.

 

 

Requirement for licence

26 Except as provided by this Act or the regulations or any other enactment, no person shall hunt or fish or pursue with the intent to hunt or fish any wildlife without a valid licence or permit issued pursuant to this Act or the regulations. R.S., c. 504, s. 26.

 

 

Licence to be signed

27 (1) All licences or permits shall be signed by the Minister or other person authorized in writing by the Minister and no licence or permit is valid unless it contains such signature.

 

Term

(2) Unless provided otherwise by the regulations, a licence or permit issued pursuant to this Act is in force from the date on which it is issued until the thirty-first day of December of the year in which the licence or permit is issued.

 

Terms and conditions

(3) The rights attached to any licence or permit are subject to the terms and conditions as provided in this Act and the regulations or as may be endorsed by the Minister on the licence or permit.

 

Tags

(4) The Minister may issue with and as a part of a licence or permit a tag for each species of wildlife that may be killed under the licence or permit.

 

Contravention prohibited

(5) No person shall contravene the terms and conditions of a licence or permit.

 

Tampering with or altering

(6) Where a licence or permit is tampered with, altered or mutilated in any manner or any tag or seal is detached from the licence or permit in any manner not permitted by the Act or the regulations, the licence or permit is void.

 

Signature and address

(7) No licence or permit is valid unless the signature and address of the person to whom it is issued is written thereon. R.S., c. 504, s. 27.

 

 

Control of nuisance wildlife

28 (1) Notwithstanding Section 26, where wildlife is found doing or is in a position where it may cause actual damage to a growing cultivated crop, an orchard, livestock or private property, the owner or occupier of the property may use all reasonable methods to scare away the offending wildlife.

 

Permit to destroy offending wildlife

(2) Where a conservation officer is satisfied that

 

(a) the scaring of wildlife did not work; or

 

(b) the scaring of wildlife will not be a sufficient deterrent,

 

a permit may be issued to the owner or occupier to destroy the offending wildlife.

 

Permit may cover growing season

(3) A permit issued pursuant to subsection (2) may cover the growing season for the cultivated crop which is being or may be damaged by the wildlife.

 

Reporting and disposal of carcass

(4) All wildlife destroyed pursuant to subsection (2) shall be reported to the Department within twenty-four hours and the carcass shall be disposed of as the Minister may order. R.S., c. 504, s. 28.

 

 

Hunter safety program

29 The Governor in Council may make regulations

 

(a) requiring a person, before being entitled to hunt, to successfully complete a course of training;

 

(b) prescribing fees for the course and examinations in the course;

 

(c) respecting the issuance of a certificate which must be obtained before a person applies for a licence or permit. R.S., c. 504, s. 29.

 

 

Issuance in discretion of Minister

30 (1) The issuance of any licence, permit or certificate pursuant to this Act or the regulations is in the discretion of the Minister.

 

Refusal to issue

(2) The Minister may refuse to issue a licence, permit or certificate to any person found guilty of an offence pursuant to this Act, the regulations or any other enactment relating to wildlife.

 

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