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Part II .

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Upper Clements Game Sanctuary Designation and Regulations

made under Sections 14 and 113 of the

Wildlife Act

R.S.N.S. 1989, c. 504

O.I.C. 77-1072 (August 30, 1977), N.S. Reg. 99/77

as amended up to O.I.C. 2011-120 (March 29, 2011), N.S. Reg. 157/2011

The Governor in Council on the report and recommendation of the Minister of Lands and

Forests dated the 25 th day of August, A.D., 1977, pursuant to

Section 161(1) of

Chapter 163 of

the Revised Statutes of Nova Scotia, 1967, the Lands and Forests Act ,

Part III - Game, is

pleased to:

(

a) declare that the area described in

Schedule “A” and shown outlined in red on

Schedule “B”, both schedules attached to the report and recommendation be a

game sanctuary to be known as the Upper Clements Game Sanctuary;

(

b) make regulations in the form set out in

Schedule “C” attached to the report and

recommendation, for the control of the game sanctuary and the protection of

the wildlife therein.

Schedule “A”

All that certain lot, piece, or parcel of land situate, lying and being at Upper Clements, in the

County of Annapolis, Province of Nova Scotia as shown outlined in red on the copy of Crown

Land Records Plan No. E-9-40B marked

Schedule “B” attached hereto and being and intended

to be “Upper Clements Game Sanctuary”; the said parcel of land being more particularly

described as follows:

Beginning at the intersection of the southern boundary of Highway No. 1 with a western

boundary of land now or formerly of James L. Horsfall and situate (by grid bearings referenced

to the Nova Scotia 3 o Modified Transverse Mercator Projection, zone 5, central meridian 64 o 30'

west longitude) N 67 o 15' 33" E a distance of 458.11' from Nova Scotia Co-ordinate Monument

No. 14786 having co-ordinate values (Northing 16,247,520.97', Easting 17,768,692.23');

Thence (from the place of beginning) S 18 o 39' 53" E following a western boundary of land

now or formerly of James L. Horsfall 4,891.68' to a point;

Thence N 54 o 55' 00" E following a southern boundary of land now or formerly of James L.

Horsfall 496.37' to a point;

Thence N 48 o 06' 29" E following a southern boundary of land now or formerly of James L.

Horsfall 1,278.21' to a point;

Thence S 18 o 31' 06" E following a western boundary of land now or formerly of Douglas

Oliver Hubley 6,687.41' to a point on the northern boundary of Guinea Road;

Thence westerly along the northern boundary of Guinea Road 3,610' more or less to a point,

said point being S 53 o 53' 35" W a distance of 3,599.32' from the last described point;

Thence N 18 o 40' 47" W following an eastern boundary of land now or formerly of Carl

O’Brien 6,555.75' to a point;

Thence N 53 o 41' 15" E following a southern boundary of land now or formerly of

International Cooperage of Canada Limited 57.86' to a point on the western boundary of

Ryerson Road;

Thence northerly along the western boundary of Ryerson Road 4,924' more or less to point on

the southern boundary of the No. 1 highway;

Thence easterly along the southern boundary of the No. 1 highway 1,157' more or less to a

point;

Thence northerly along a southeastern boundary of the No. 1 highway 42' more or less to a

point;

Thence easterly along the southern boundary of the No. 1 highway 623' more or less to the

place of beginning.

The above described parcel of land contains 712 acres + or -.

Schedule “A” replaced: O.I.C. 85-1290, N.S. Reg. 218/85.

Schedule “B”

[Note:

Schedule “B” was not filed with the Registry of Regulations. The map contained in

Schedule

“B” is available for viewing at the Department of Natural Resources.]

Schedule “B” replaced: O.I.C. 85-1290, N.S. Reg. 218/85.

Order in Council 95-500

The Governor in Council on the report and recommendation of the Minister of Natural

Resources dated June 20, 1995, pursuant to

Section 14 of

Chapter 504 of the Revised Statutes

of Nova Scotia, 1989, the Wildlife Act , and to

Section 16(1)(

a) of

Chapter 114 of the Revised

Statutes of Nova Scotia, 1989, the Crown Lands Act , is pleased to:

(

a) subtract from the Upper Clements Game Sanctuary an area of land containing

26 hectares, more or less, as described in

Schedule “A” and shown in bold on

Schedule “B” attached to and forming part of the report and recommendation;

and

(b) [Not filed as a regulation.]

Schedule “A”

All that certain lot, piece, or parcel of land situate, lying and being at Upper Clements in the

County of Annapolis, Province of Nova Scotia, shown on a compiled plan (Field Plot No.

P-070/95) and filed in the Department of Natural Resources Office, Halifax, the said parcel of

land being more particularly described as follows:

Beginning at a point on the southwestern boundary of land of James L. Horsfall and M.

Constance Horsfall and situate (by grid bearings referenced to the Nova Scotia 3 o Modified

Transverse Mercator Projection, Zone 5, central meridian 64° 30' west longitude)

S 28° 17' 43" W a distance of 414.509 metres from Nova Scotia Co-ordinate Monument No.

14784 having coordinate values (Northing 4,952,551.769 metres, Easting 5,416,373.735

metres);

Thence N 18° 32' 29" W following the southwestern boundary of land of James L. Horsfall and

M. Constance Horsfall a distance of 4 metres more or less to the centerline of a small brook;

Thence westerly following the southern boundary of land of James L. Horsfall and M.

Constance Horsfall and following the centerline of said small brook a distance of 149 metres

more or less to a point;

Thence N 18° 52' 38" W following the southwestern boundary of land of James L. Horsfall and

M. Constance Horsfall a distance of 92 metres more or less to the southeastern boundary of

Highway No. 1;

Thence southwesterly following the southeastern boundary of Highway No. 1 a distance of 190

metres more or less to a point;

Thence southeasterly continuing to follow the southeastern boundary of Highway No. 1 a

distance of 3 metres more or less to a point;

Thence southwesterly continuing to follow the southeastern boundary of Highway No. 1 a

distance of 348 metres more or less to the intersection with the southwestern edge of the

Ryerson Road;

Thence S 16° 04' E following the southwestern edge of the Ryerson Road a distance of 91

metres more or less to a point;

Thence S 73° 52' E following the rear of the parking lot area a distance of 152 metres more or

less to a point;

Thence N 32° 36' E a distance of 112 metres more or less to a point on the perimeter fence (so-called);

Thence S 41° 54' E following the perimeter fence a distance of 23 metres more or less to a

point;

Thence S 34° 49' E continuing to follow ing the perimeter fence a distance of 9 metres more or

less to a point;

Thence S 27° 42' E continuing to follow ing the perimeter fence a distance of 64 metres more

or less to a point;

Thence S 41° 31' W continuing to follow ing the perimeter fence a distance of 34 metres more

or less to a point;

Thence S 51° 27' W continuing to follow ing the perimeter fence a distance of 39 metres more

or less to a point;

Thence S 61° 41' W continuing to follow ing the perimeter fence a distance of 47 metres more

or less to a point;

Thence S 18° 51' E continuing to follow ing the perimeter fence and the prolongation thereof a

distance of 115 metres more or less to the western edge of the Ryerson Brook Nature Trail;

Thence following the eastern, southern and western edge of the Ryerson Brook Nature Trail a

distance of 290 metres to a point;

Thence N 59° 21' E a distance of 351 metres more or less to the southwestern boundary of land

of James L. Horsfall and M. Constance Horsfall;

Thence N 18° 32' 29" W following the southwestern boundary of land of James L. Horsfall and

M. Constance Horsfall a distance of 372.935 metres more or less to the place of beginning.

The above described parcel of land contains 26 hectares more or less.

Together with a 20 metre right-of-way in common with the Crown over land of James L.

Horsfall and M. Constance Horsfall, shown graphically on compiled plan P-070/95 and shown

in accurate detail on previous plan of survey P-143/92 by S. Gregory Smith, N.S.L.S., dated

January 12, 1993, and as described in a conveyance from James L. Horsfall and M. Constance

Horsfall to the Crown recorded in Book 487, Page 95.

Schedule “B”

[Note:

Schedule “B” was not filed with the Registry of Regulations. The map contained in

Schedule

“B” is available for viewing at the Department of Natural Resources.]

O.I.C. 2011-120

The Governor in Council on the report and recommendation of the Minister of Natural

Resources dated February 24, 2011, is pleased to:

(

a) Clause (

a) not filed as a regulation.

(

b) pursuant to

Section 14 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989,

the Wildlife Act , subtract any portions of the Upper Clements Game Sanctuary

contained within the parcel of land shown as Lot 1 and outlined in bold on the plan

marked

Schedule “A” attached to and forming part of the report and

recommendation from the wildlife sanctuary which was approved by Order in

Council 77-1072 dated August 30, 1977, [N.S. Reg. 99/77,]and declare them to no

longer be a wildlife sanctuary;

(

c) Clause (

c) filed as N.S. Reg. 158/2011 under the Provincial Parks Act .

(

d) Clause (

d) not filed as a regulation.

Schedule “C”

1 In these regulations,

(a) “Act” means the Wildlife Act ;

(b) “Department” means the Department of Natural Resources;

(c) “firearm” means any barrelled weapon or bow from which any shot, bullet or

missile can be discharged and includes anything that can readily be adopted for

use as a firearm;

(d) “Minister” means the Minister of Natural Resources;

(e) “Sanctuary permit” means an instrument issued pursuant to the Wildlife Act ,

being

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, and

regulations thereto, conferring the privilege of entering the Sanctuary on foot or

by means of a vehicle upon the holder thereof as set forth in the instrument,

subject to any conditions, restrictions, or limitations contained in any statute or

regulation of the Province of Nova Scotia;

(f) “Sanctuary” means the Upper Clements Game Sanctuary and includes the

Wildlife Park;

(g) “vehicle” means every device in, upon or by which any person or property is or

may be transported and includes a boat, canoe, or other water conveyance or

any snowmobile;

(h) “warden” means any person employed by the Department for the enforcement

of the Act and regulations;

(i) “Wildlife Park” means that area within the Sanctuary where animals are kept in

captivity as indicated by signs posted by the Department.

(1) Except as authorized under these regulations, it shall be an offence for any person to

possess or discharge any firearm within two hundred feet of the boundaries of the

Sanctuary at any time.

(2) It shall be an offence for any person to discharge a firearm across or into the

Sanctuary at any time.

(3) Except as authorized under these regulations, it shall be an offence for any person to

enter the Sanctuary by means of a vehicle without a permit.

(4) Subsection (3) does not apply to visitors to the Wildlife Park who enter the

Sanctuary for the purpose of parking their vehicles or viewing wildlife in the areas

designated by the Department.

(5) Except as authorized under these regulations it shall be an offence for any person to

chase, pursue, worry, follow after or on the trail of, or search for any wild mammals

or birds within the Sanctuary.

(6) Except with the permission of the Department, no person shall be in the Sanctuary

during the period when it is not officially open as designated by the Minister.

(1) Notwithstanding

Section 2 of these regulations, those persons employed by the

Department of Natural Resources, when in performance of their departmental duties,

may

(

a) possess or discharge any firearm within two hundred feet of the boundaries of

the Sanctuary at any time;

(

b) discharge a firearm across or into the Sanctuary at any time;

(

c) enter the Sanctuary by means of a vehicle;

(

d) chase, pursue, worry, follow after or on the trail of, or search for any wild

mammals or birds within the Sanctuary.

(1) In the Sanctuary the Minister may cause to be marked or erected traffic signs or

devices which

(

a) prescribe rates of speed;

(

b) permit, regulate, or prohibit parking of all or a class of vehicles;

(

c) prescribe load limits and dimensions for any vehicles or classes of vehicles;

(

d) designate any roadway as a one-way roadway;

(

e) require vehicles to stop;

(

f) close roadways to all or a class of vehicles;

(

g) limit the hours during each day when a roadway may be used;

(

h) regulate pedestrian traffic;

(

i) limit the use of roadways to a specific class or classes of vehicles; or

(

j) direct or control in any manner the use of roadways by vehicles and

pedestrians.

5 No person shall operate a vehicle in the Sanctuary unless

(1) [(a)] that person holds all licences and permits that they are by the laws of the

Province of Nova Scotia required to hold in order to operate a vehicle; and

(2) [(b)] the vehicle is registered and equipped as required by the laws of the Province

of Nova Scotia;

(3) [(c)] it shall be an offence for any person operating a motor vehicle within the

Sanctuary to fail to produce a valid driver's licence or vehicle permit when

requested to do so by a warden. [ sic ]

6 No person shall operate a vehicle in the Sanctuary other than in accordance with the laws

of the Province of Nova Scotia.

7 In the Sanctuary no person shall park a vehicle in an area designated by a sign as an area in

which

(1) [(a)] parking is prohibited; or

(2) [(b)] parking of vehicles of that class is prohibited.

8 No person shall drive a vehicle in the Sanctuary at a rate of speed in excess of fifteen miles

per hour unless indicated otherwise by a traffic sign or device.

9 In the Sanctuary no person shall

(

a) refuse or fail to comply with an order, signal or direction of a warden; or

(

b) disobey the instructions of an official traffic sign, signal, or device placed in

accordance with these regulations unless otherwise directed by a warden.

10 No person shall light or cause to be ignited a fire in the Sanctuary except in areas provided

by the Department.

11 It shall be an offence for any person to molest, harass, disturb, annoy or torment any

animals contained in any pens or enclosures on the Sanctuary at any time.

12 These regulations shall come into force on the first day of October, 1977.