Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1(1) In this Act
"Crown Lands" means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands;
"exotic wildlife" means all … 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 … vertebrates;
"hunting" means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;
"licence" means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;
"Minister" means the Minister of Natural Resources and Energy and includes any person designated by him to act on his behalf;
"night" means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;
"open season" means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;
"park" means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;
"pelt" means the untanned skin of any wildlife…
"possession" includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;
"resort of wildlife" means any waters or lands, including highways or roads, that are frequented by wildlife;
"snare" means any device for the taking of wildlife or
fish whereby they are caught in a noose;
"take" when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;
"taxidermist" means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;
"trap" means any spring trap, gin, deadfall box or net
used to capture wildlife;
"water" or "waters", or "Provincial water" or "Provincial waters", means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;
"weekly day of rest" means Sunday;
"wildlife refuge" means an area designated as such by the Lieutenant-Governor in Council;
1(2) For the purposes of this Act,
(b) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
2 This Act applies to all hunting… rights of hunting, … and all matters relating thereto, except that this Act, and any lease, licence, permit or regulation issued or made hereunder, shall not authorize or be deemed to authorize any interference with the navigation of any navigable water.
3(1) The property of all wildlife … within the Province, while in
the state of nature, is hereby declared to be vested in the Crown 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.
32(1) Every person commits an offence who
(d) hunts, traps, snares …for more than the number of animals … of a species of wildlife … that the person is authorized to hunt, trap, snare …for under the licence issued to the person by the Minister;
(e) kills or attempts to kill any wildlife… by the use of poison.
32(2) Paragraph (1)(e) does not apply to a person who uses or
applies a pesticide in accordance with the
33(1) Subject to subsection (3), every person commits an offence who
33(2) A person or an association of persons may apply to the
Minister, subject to and in accordance with the
34(1) In this section
34(2) Every person commits an offence who
34(3) Every person commits an offence who
34(6) A person may apply in writing to the Minister for written
authorization to hunt, trap, snare, remove or
34(7) Notwithstanding subsections (2) and (3), the Minister, if
satisfied that the hunting, trapping, snaring, removal or relocation of
wildlife proposed under subsection (6) is necessary for the prevention of
damage to private property or injury to owners of private property or owners
or occupants of private land, may give written authorization to the applicant,
authorizing the applicant to hunt, trap, snare, remove or
38(1) Every person who, without a permit issued under paragraph
90(1)(a) or (d), takes any wildlife …into captivity or keeps it in captivity
commits an offence.
38(2) Every person who, without a permit issued under paragraph
90(1)(c), releases from captivity in the
38.1(1) Every person who,
38.1(2) Notwithstanding subsection (1), a person may, without a
permit issued under paragraph 90.1(1)(a) or
39 Every person commits an absolute liability offence who at any time hunts, traps or snares
(b) wildlife in any wildlife refuge or park unless within an area set aside for the hunting, snaring or trapping of animals under or pursuant to regulations made under subsection 16(1) of the Parks Act.
39.1(1) Subject to subsection (2), every person who hunts wildlife
on a weekly day of rest commits an absolute
39.1(2) Subsection (1) does not apply to
44(1) Every person commits an offence who exports or attempts to
export out of the Province any live wildlife,
44(2) Notwithstanding subsection (1), the holder of a valid
non-resident licence issued under this Act and
44(3) Every common carrier who transports out of the Province any
live wildlife, or the green hide or pelt, or
45(1) Subject to subsection (2), every person commits an offence who
at any time hunts, traps or snares any
45(2) Notwithstanding subsection (1), the Minister may issue a
licence authorizing a person to take or kill
48(1) Every person commits an offence who at any time allows a dog to run at large in a resort of wildlife.
48(2) Subsection (1) does not apply to a person who is
SALE AND POSSESSION
51(1) Every person commits an offence who at any time
52 Every person commits an offence who at any time
and it is prima facie proof that the proprietor or manager has possession of the wildlife if the wildlife is found on the premises of the hotel, inn, restaurant or boarding house; or
(b) being the proprietor or manager of a store, shop, market stand or stall sells, offers or exposes for sale, or purchases or offers to purchase, the carcass or any part thereof of any wildlife.
53 The prohibitions in paragraph 51(a) and section 52 do not apply
55 Notwithstanding section 52…, the proprietor or manager of a
hotel, inn, restaurant or boarding house may
60 … every person commits an offence who has in his possession the
green hide or pelt, or carcass or any part
61 Every person commits an offence who has in his possession or keeps in cold storage the green hide or pelt, or carcass or any part thereof, of any wildlife except bear, moose or deer between the fifteenth day after the close of the open season for any such wildlife in any year and the first day of the open season for such wildlife then next following unless he is the holder of a permit issued under the regulations authorizing him to have in his possession or to keep in cold storage the parts of wildlife hereinbefore mentioned.
62 Every person commits an offence who at any time has in his possession or keeps in cold storage the green hide or pelt, or carcass or any part thereof, of wildlife which he did not take in accordance with this Act and the regulations, except where authorized by a transfer permit under subsection 91(2).
POSTING OF LANDS
80(1) An owner may post signs or cause signs to be posted on land to
indicate that within the posted area any or all of the following activities
80(3) An owner may post signs or cause signs to be posted on land to
indicate that within the posted area any or all of the following activities
are allowed if permission is obtained from the owner:
83 The Minister may issue a licence or permit authorizing the holder to hunt, trap or snare any species of wildlife,… subject to such conditions as are prescribed therein or in the regulations.
89(1) The Minister may issue a licence to any person, authorizing that person to carry on the craft of a taxidermist at the place and in the premises described in the licence.
89(2) Notwithstanding any other provision of this Act, the licence
issued by the Minister under subsection (1) authorizes the holder to
90(1) Subject to and in accordance with the regulations, the Minister may issue a permit authorizing
(a) a person to capture or obtain any wildlife and to keep it in captivity
within the Province,
(c) a person who is the holder of a permit issued under paragraph (a), to release from captivity any wildlife kept in captivity by the person,
(d) a person to take, capture or kill any wildlife, or to keep any wildlife that has been accidentally killed, for preservation as specimens of natural history or for scientific investigation, or
(e) a person to keep any wildlife that has been accidentally killed, for preservation as specimens for personal enjoyment.
90(2) Subject to this Act and the regulations, no person shall take
wildlife except during the open season for that
90(3) Every person who, on the commencement of this subsection, is
keeping any wildlife that has been
(a) issue a permit authorizing a person to import into the Province exotic wildlife and prescribe the terms and conditions under which exotic wildlife may be imported into the Province,
(b) issue a permit authorizing a person to keep exotic wildlife in captivity and prescribe the terms and conditions under which exotic wildlife may be kept in captivity, or
(c) issue a permit authorizing a person to release exotic wildlife from captivity and prescribe the terms and conditions under which exotic wildlife may be released from captivity.
90.1(2) Where, in the opinion of the Minister, a person
(a) has imported exotic wildlife into the Province without a permit or has imported exotic wildlife into the Province contrary to the terms and conditions of a permit issued under paragraph (1)(a),
(b) is keeping exotic wildlife in captivity without a permit or is keeping exotic wildlife in captivity contrary to the terms and conditions of a permit issued under paragraph (1)(b), or
(c) will release exotic wildlife from captivity without a permit or will release exotic wildlife from captivity contrary to the terms and conditions of a permit issued under paragraph (1)(c),the Minister may confiscate the exotic wildlife, other than the species or subspecies of exotic wildlife that are excluded from the operation of paragraphs 38.1 (1)(a) and (b) by regulation, and may dispose of it as the Minister considers fit, and no person shall be entitled to, or have any claim or right to, any indemnity or compensation in respect of the confiscation.
91(2) The Minister may issue a transfer permit authorizing a person
for a period of time not extending beyond
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