Bill 28 (Legislature 10, Session 3)
L10 S3 7461
Alberta — Bills
Bill No. 28 of 1946. A BILL FOR THE PROTECTION OF GAME. NOTE. This Bill enacts a new Game Act. The principal change made from the present Act is the incorporation in the Act of 'many provisions which are now found in the Regulations. Most of the sections of the Act now in force are incorporated without change in the Bill while some are incorporated with slight changes, and a number of new provisions are also incorporated. Only the material changes and new provisions are dealt with in this note.
Section 8 of the A,ct now in force has been omitted. This
section prohibited hunting and the entry of hunting dogs upon land enclosed by a fence or any land under cultivation or adjacent to buildings without the consent of the owner or occupant.
Section 12 is new and prohibits any persons interfering with traps set by another person except where the proprietor of a trap line finds other traps than his own within the limits of his trap -line.
Section 14 makes bird sanctuaries game preserves for the purposes of the Act.
Section 2'2 is new and provides for the issue of a duplicate license ,or permit where the original has been lost or destroyed.
Section 23 is the former se'ction 24 amended by providing for a license to state the times when the licensee may hunt, as well as the places, as it is in the Act now in force.
Section 27 is new; it now appears in the Regulations.
Section 29 is the present
section 29 of the Act but omits the prohibition against shooting big game on Sunday. Se'ction 33 is the same as the present
section except that the area described now runs from the north boundary of Township 76 instead of from the north boundary of township 69. This has been found necessary in order to exclude Slave Lake settlement.
Section 34 is new and authorizes permits to kill big game for the purpose of feeding crews fighting forest fires in forest re'serves or the Northern Alberta Forest District.
Section 36 is
section 35 of the Act amended so as to require a person accidentally killing big game to deliver the nleat at once to one of the officials mentioned instead of taking it home and reporting it, as the Act now provides.
Section 41 now appears in the Regulations.
Section 42 is
section 40 of the present Aet amended by "'One half-hour before sunrise" being chang,ed to "one hour befDre sunrise". In subsection (1) of
section 46 "two hundred yards" has been inserted in place of "one hundred yards".
Section 49 is
section 47 of the Act now in f0'rce amende~.
Section 47 now authorizes a farmer or rancher and hIS family to hunt game birds without a license at any place within a zone' defined in the
section within which a person holding a game bird license may hunt. The new secti~n limits the area within which a farmer or rancher or hIS family may hunt gam'2 birds on the land owned or leased by the farmer Dr rancher. In subsection (5) of
section 50, marten, fox, fisher and lynx are add2d to the animals in the taking of which, the use of dogs is prohibited and subsectiDn (6) of the same seetion is new. S,ections 51 and 52 are new. The latter
section makes it clear that a trapping license does not authorize the holder to trap in a game preserve, etc., Dr over a trap line registered in the name of someone else. Sections 53, 54 and 55 are taken from the Regulations. Sections 56 and 57 are also taken from the regulations and provide for a certificate of registration of trap lines and set out the qualifications necessary to obtain a certificate.
Section 58 is new and requires application for a certificate, etc., to be made on a Departmental form. Sections 59 to 63 deal with certain duties and privileges of holders of trap line certificates and are alsD taken from the Regulations. Sections 65 to 69 are tak'en from the Regulations and deal with the fur tax, by whom payable, and the methods of collection, and certain safeguards imposed by the se,ctions. Sections 70 to 74 deal with the conditions under which skins and pelts may be exported from the Province and have also been taken from the Regulations. ' lJ1
section 76 the word "solicit" has been added to the things prohibited in the absence of a license and subsection (3) is changed from the present
section which no longer c?ntains the exemption of a farmer selling fur, trapped on hIS own land but does exempt a perSDn sellino- fur taken under authority of
section 15, such as wolves, etc~ .
Section 77 deals with the different classes of licenses that may be issued to fur dealers and is for the most part taken from the Regulations.
iii Se'ctio.n 78 :differs fro.m 'section 55 no.w in fo.r~e by putting per~~ns holdIng a tan I1:er , s or furrier's license in the same {!OsItIQn under the
sectIon as per,sons· ho.lding a fur dealer's hcense. . S7~,ti~n. 7.9 d!!~ers from the
section now in fo.rce by includ Ing sohcltlng In the acts prohibited without a license.
Section 80 deals with the reco.rds: required to be kept by fur dealers. Subsections. (2) and (3) have been taken from the Regulatio.ns. . Secti~:ms 81 to. 84 provide' for the Hcensing and regulating Qf furrIers and have been taken from the Regulations. Sections 85 to 88 have also been taken from the Regula tio.nsand provide for the licensing and regulating of tanners. Sectio.n 89 prO'vides for the licensing and regulating of taxidermists, and has been taken frO'm the Regulations .. SectiQns 90 to' 92 provide fO'r the licensing and regulating of dog trainers and also for the holding of bre'ed trials.
These sectiO'ns are taken from the Regulations. SectiO'ns 93 to' 96 deal with the licensing and regulating o.f guides:. Sectio.ns 94 to 96 are taken from the Regulatio.ns and se'ction 94 classifies :guide,s as Class A, Class B and Class C guides. An applicant for a Class A license whO' do.es not o.btain suffident mar~s on an examination for that license may be granted a Class B license which authorizes him to act as an assistant to. a guide holding a Class A license. The Class C license authorizes the hO'lder to act as a guide o.nly to persons hunting ,game birds.
Sections 95 and 96 deal with the expiration and forfeiture of licenses.
Section 97 deals with the licensing of outfitters, and is limited to persons. carrying on the business of letting for hire, saddle horses, etc. The s,e,ctio.n 22 now in force required a license for ,any person letting out saddle horses, etc., for hire or reward, apparently whether carrying 'On business for such purposes Qr not. Sections 98 to 103 are taken fro.m the Regulations and deal with the different classes o.f outfitters' licenses and also with the granting, expiry, suspension and cancellation o.f licenses.
Sections 104 to 109 are also taken from the RegulatiO'ns and deal with the licensing and regulating O'f game farmers. Sectio.ns 110 to. 116 deal with the lkensing and regulating of fur farmers and exemption fro.m export fees and fur taxes, and are taken from the RegulatiO'ns. Sections 117 and 118 are new and deal with the sanitary conditions .on fur farms 'and the health ,certificate required for the importation o.f fur-bearing animals. Sections 119 and 120 are taken frO'm the Regulations.
iv The remainder of the Bill dealing with the administration of the Act and with the penalties to be imposed under it and the rules as to procedure and evidence in prosecutions under the Act is for the mos,t part substantially the same as in the Act now in :Dorce. The principal differences are as follows: The existing A,ct refers to an officer ·called "salaried game guardian". This title has been eliminated and replaced by "game officer".
Section 143 is new and -subse,ctioll (1) sets out the privi leges which Indians have to hunt for food which privileges were given them by the various treaties and were incor porated in the agreement transferring the natural resources from the Dominion to the Province, which agreement was validated by Canada and the Province and als.o by the Imperial Parliament. Subsection (2) provides that where a fur-be·aring animal is taken for food during the closed season by an Indian the pelt shall belong to the Province. Subsection (.3) deals with the disposal of the skin of a big game animal taken by an Indian.
These latter provisions are inserted by reason of complaints that Indians are killing big game for hide value rather than for fo.od. Subsections (8) and (9) of
section 145 are new and increase the responsibility of agents of a -company for acts of the company and the responsibility of a company f.or the acts of its agents. Subsections (4) and (5) of :section 155 are new and provide for forfeiture of licenses afte'r second and third convictions. Sec~ion 156 is aliSO new. Se'0tion 161 is new and provides a specIal penalty for a person convicted of a violation of the Act or Regulations with res,pect to. any beaver. Sections 162' and 165 are new and provide special penalties for -conviction of the offences therein set out. w. S. GRAY, Legislative Counsel. . (Th'is note does not form any part of the Bill but is offered tn explanation of its provisions.)
BILL No.. 28 of 1946.
An Act for the Protection of Game (Assented to ,1946.) HIS MAJ~ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows.:
SHORT TITLE. 1. This Act may be ,cited as HThe Game Act, 1946".
INTERPRETATION. 2.
In this Act and the Regulations, unless the context otherwise requires,- (a) "Agent" means Qne who acts for another whether for any form of remuneration or not; (b) "Big game" means and includes any bison, elk, wapiti, pronghorn antelope, mountain sheep, moun tain goat, any of the de€r family whether known as caribou, moose, deer, or otherwise, and any bear, and any othe-r animals which may from time to time be dedared to he big game by the Lieutenant Gov ernor in Council ; (c) "Constable" means any member of the Royal Cana dian Mounted Police force; (d) "Company" means any company incorporated or registered as such within the Province; (e) "Close season" with reference to any species of game shall mean a spedfied period during which, under the provisions of this Act, such game may not be legally hunted; (I) "Department" means the Department of Lands and Mines; (g) "Dog" means any dog, male or female; (h) "Dog trainer" means any person whether resident or non-resident who brfngs dogs into the Province to be trained, or who establishes kennels or a train ing camp for the purpose of training dogs, as "bird dogs". (i) "Farmer" means any person who is the owner or les1see of not less. than forty a:el'€S of farm or r~nch land in the Province ,on which he actually reSIdes, and whose sole or chief occupation is that of farming or ranching.
2 (j) "Fur-bearing animal" means and includes any animal, dead or alive, which is wild by nature, and which produces fur of a marketable value, the pelt or skin of which may be used for the manufacture of clothing or' rugs; and without limitin~ the gen erality of the foregoing, includes any mInk, fisher, marten, red squirrel, fox, muskrat, otte-r ~nd bea~er, and any other animal which may from bme to bme be declared to. be a fur-bearing animal by the Lieutenant Gove-rnor in CGuncil; (k) "Fur dealer" means any persGn who ~rries .on or whO' is engaged in any manne-r whatsoeve-r In the buying, selling, Isoliciting, dealing, bartering or trading in the skins or pelts or parts thereof of fur bearing animals. (l) "Fur farm" means any pla.ce on which fur~bearing animals are kept fGr the purpose of 'propagation or f.or sale, gain or p~ofit; (m) "Fur farmer" means, any person who is in posses siGn of any fur-bearing animals which are kept in any manner for the purpose of prGpagation, or for lS'ale, gain or profit. (n) "Furrier" means any person whO' buys or otherwise acquires the raw skins or pelts; or parts thereof of fur-bearing animals for the purpose of manufacture. (0) "Game" means and includes all animals and birds mentiGned in or protected by this A:et or by the Regulations, and the heads, ,skins, or other parts, of such animals and birds; (p) "Game bird" means and includes birds of all species of the following families: Anatidae, commonly called ducks and geese; Rallidae, commonly known as rails and coots; Scolopidae and Charadriidae, commonly knGwn as Wilson snipe; black-bellied plGver, American golden plover, greater yellow-legs, les'se-r yellGw-legs ; -Tetraonidae, commonJy known as grouse, in:cluding partridge, ptarmigan and prairie chicken; Chukar partridge; Phasianidae, commonly ealled pheasant, including European grey partridge, commonly called Hungarian partridge, and any other species of bird which may from time to time be declared to' be a game bird by the Lieutenant GGvernor in Council; (q) "Game farm" means, any place on whi,ch game birds are kept fGr the purposes of :propagation or for sale, gain or prof,it; ~) "Gam~ ~uardian" means any pe~son appGinted by the MInIster for the purpose of enforcing the provi sions of this Act. (s) "qame officer" means any persona ppointed by the LIeutenant Governor in Council fGr the purpose of enforcing the provisions of this Act. (t) "Game preserve" means, any area set apart for the purpose of a game 'preserve or bird sanctuary pur-
3 suant to the pr?visions of this Act, or any bird sanctl!ary establ!shed pursuant to the provisions of the MIgratO'ry BIrds Convention Act. (u) "Guide". means any pers'On who for gain or reward, or promIse of the same, accompanies and assists any other person to hunt any game mentioned in or protected by this Act or the Regulations; ( v) "House" means any shelter that has been con stru~ted by ~ muskrat o~ beaver for the purpose of feedIng, restIng or sleepIng therein; (w) "Hun~" ,means a?d ~ll;cludes any chasing, pursuing, worrYIng, followIng after or O'n the trail of or in search for, shoO'ting at, stalking or lying in wait for, any game whether or n'Ot the game be then Dr sub sequently captured, killed or inj ured ; (x) "Illegal" when applied to the skins or pelts of fur bearing animals means any skin 'Or pelt or part there'Of which has been taken 'Or held in possessi'On contrary to the prO'visions of this Act or the Regula ti'Ons made thereunder; (y) "Indian" means,- (
i) any male person of Indian blo'Od reputed to belong to a particular band or an irregular band; (ii) any child 'Of such person; (iii) any person whO' is 'Or was lawfully married to' such perso,n. (z) "Justice of the Peace" O'r "Justice" means a justice of the pe'ace, and includes two, 'Or more justices sitting and acting tog,ether, a police magistrate, and every other officer 'Or functionary having the auth ority of a justice O'f the peace or poHce magistrate; (aa) "Minister" m,eans the Minister of Lands and Mines; (bb) "Muskrat den" means and includes any burrO'w or shelter in the shore O'r bank 'Of any body of water which is connected with the water by underground runways and whi:ch is 'Occupied by any muskrat for the purpose of feeding, resting, or raising its young; (cc) "Non-resident" means any person whO' does not come within the definition of a resident; (dd) ".open season" with reference to any species 'Of 'game, means a spe,cified period during whi~h, under the' prO'visions of this Act, such game may be legally hunted; (ee) "Outfitter" means any person whO' carries 'On or who is engaged in or concerned in the business of lending, renting 'Or letting for hire any saddle-horse, pack h'Orse vehicle boat or other equipment for the pur~se of b~ing u~ed in the hunting, taking or killing any big game 'Or game' bird; (ff) "Possession" in:eludes,- (
i) having in 'One's O'wn ,pe'rsO'nal posses'sion;
(ii) (iii) 4 knowingly having in the actual P'Os,s,ession or custody of any other person; knowingly having in any pla,ce whether belong ing ,to or occupied by oneself or not f'Or the use or benefit 'Of 'Oneself or of any other person; (gg) "Regulation" means any regulation made by t~e Lieutenant Governor in C'Ouncil pursuant to thIS Act. (hh) "Resident" means,- (
i) any person who has resided in the Province for six months j'mmediately prior to the date 'Of his, applicatio.n fo.r a license under this Act; (ii) any company which has had a place of business in the Pro.vince f.or six mo.nths immediately prior to. the date of its application for a license unde'r this Act; (.iii) any person who. as owner, lessee, .or home steader, is the bona fide occupier .of a quarter
section or more .of land within the Province; (1:i) "Tanner" means any person other than an Indian, wh.o carries 'On the business 'Of unhairing, fleshing, tanning, plucking, dressing, or dyeing the pelts or skins of fur-bearing Dr big game animals; (jj) "Taxidermist" means any person who carries on the business or preparing, preserving, stuffing, or m.ounting the heads, pelts Dr skins of fur-bearing animals, big game, o.r game birds; (kk) "Trap-line" means the area or location defined and regis,tered under this Act f'Or the taking of fur-bear animals thereon by a licensed trapper.
PART 1. GENERAL PROPERTY IN WILD LIFE. 3. The property in all animals and birds within the Prqyince which are wild by nature and whilst in a state of n!lture is hereby dedared ,to. be vested in His Majesty in the rIght of the Province, and no person shall acquire any right of property therein otherwise than in aecordance with the provisi'Ons .of this Act. 4. In case any big game, fur-bearing animal or any bird which is w!ld by nature has been kept upon a game farm or fur farm lIcensed under this Aot, and such animal or bird has been marked with a regis,tered mark pursuant to this
5 Act or a brand pursuant to any of the provisi.ons of The Brand 1ct, the property in a~d !ight of possession to any such. anImal or blI~d shall remaIn In the owner of the animal or. bIrd, a~d his executo:r:s, administrators and assigns, not wIthstandIng that the 'anIm'al or bird may have escaped from the cus.tody and contr.ol of any of the last mentioned persons and any other person c3:pturing or killing such animal or bird shall not acquIre any rIght of property in it or in its pelt or skin .or in any 'part of it. GENERAL PROHIBITIONS . . 5 •.
No person. shall h.unt. or ~rap any animal Dr any bird wIthIn the ProvIn;ce whIch IS WIld by nature and whilst in a state of nature, unless he is. expressly authorized so to do by this A;ct or a Regulation made· thereunder or by virtue of a valid and subsisting license or permit issued pursuant tD this Act. 6.
No person shall hunt or trap any big game, fur-bearing animal or game bird at any time or at any place within the Province other than at the times and in the places, from time to time prescribed by the Lieutenant Governor in C.ouncil as the times within which and the places at which big game, fur-hearing animals or game birds or any specified variety of big game, fur-bearing animal or game bird may be hunted or trapped. 7.
N.o person shall hunt or trap any big game, fur-bearing animal, or game bird or have in his pos'session any firearm or trap of any description within any game preserve unless he is the holder of a special permit from the Minister speci fically authorizing him so to do. 8. No person shall remove, destroy or in any way deface any notice or sign which has, been P.osted up under the authority of the Fish and Game Commissioner. 9.-
(1) No pers.on ,shall fDr the purpose of taking, killing, or destroying any big game, game bird or fur-bearing animal g·et out, use .or employ any poison, except as provided for by The Setting of Poison Act, opium or narcDtic, or use or employ any sunken punt, any night light, any swivel, set, or spring gun or automatic shotgun of any description, any shotgun of a gauge larger than ten gauge, lor any contrivance for the purpose of deadening the sound of the report of any firearm.
(2) Except as expre,ssly permitted by this Act Dr the Regulations, no person shall have in his possession, use or employ for the purpose of taking, killing, or destroying any big game, game bird. or fur-bearing animal, any snare OF any material suitable for the making of a snare unless he IS the holder of a permit from the Minister authorizing him s~ to do, ·a.nd a.ny such snare or material suitable for the makIng
6 o.f a snare, used, set, .or held in possessio.n in contra ven~io.n o.f this' Act may be seized or destroyed by any game offIcer or ,co.nstable .or by any pe'vson o.n his own land without incur ring any liability fQr so. doing.
(3) No. person shall at any time, bu,Y, sell, de3;l, barter, solicit traffic in .or have in hi.s posses,sIOn, the skIn or pelt o.f any animal whatso.ever which has been snared, unless the same has been taken under 'authority o.f a permit fro.m the Minister authorizing the snaring thereo.f. 1..0.-
(1) No. perso.n while on horseback o.r in o.r o.n an aer.oplane, o.r a sailboat, or a boat propelled by steam, ga;S'o. line electrical, o.r other ,similar motive power, o.r a vehIcle of ~ny kind, shall hunt any game, pro.vided, ho.wever, t~at no.thing in this or in subsectio.n (2) shall apply to. the huntIng o.f co.yotes.
(2) No. person shall at any time ,carry a lo.aded airgun, sho.tgun o.r rifle in .or o.n 'Or discharge the same from an aero plane, ora sailb.oat, or a bo.at pro.pelled by steam, gaso.line, electrical or other similar mo.tive power, or from a carriage, rig, wagon, car, sleigh, hay rack, bicyiCle, automo.bile, .or o.ther vehicle.
(3) N.o perSDn shall dis,charge an airgun, sho.tgun, rifle o.r Dther firearm .of any description, alo.ng or across any main or seco.ndary highway within the meaning .of The Public Highways Act, whether any such highway is a hard sur faced, gravelled or dirt highway. 1.1. No. perso.n who. has taken o.r killed any bird o.r animal suitable for food shall wilfully allow the flesh there.of to. be destroyed or spo.ilt, and no. person who has killed o.r taken a fur-bearing animal shall wilfully allow the skin thereQf to. be des,tro.yed .or spo.ilt. 12.
No person shall remo.ve, molest, spring .or in any way interfere with any traps set by any other perSDn fo.r the taking of fur-bearing animals, except as provided for in subsectio.n (3) of sectio.n 62 o.f this Act. GAME PRESERVES . . 13. No.. person shall at any time hunt, sho.o.t at, take or kIll any bIg game, fur-bearing animal or game bird in any part of the Province included in any game preserve set o.ut and des,cribed in the
Schedule to this Act. 14. Tho.se areas which have been established as bird sanc tuarieS' or parks by the Dominion Go.vernment or the Prov ince .of Alberta,. are he:t;eby dedared g.ame preserves and huntIng .or ,carrYIng of fIrearm,s thereDn is 'prohibited at all times. LICENSES AND PERMITS. 15. Any person may hunt Dr trap without a license o.r permit any o.f the animals fo.llo.wing, namely; wolves' (timber
7 and prairie)! cougars, wolverines, skunks, porcupines, w~asels, rabbIts and any other animal or animals which the LIe~tenant Gove-rnor in Council may from time t.o time desIgnate. 16. ~ny person .may hunt without a license Dr permit any Df the bIrds follDwIng, namely; crDWS, blackbirds, cDwbirds, grackles, h~use sparrDWS, commonly -called English spar rows, magpIes, eagle's, and the follDwing members Df the falcDn family, namely; goshawks, pigeon hawks duck hawks cooper hawks, sharp-,shinned hawks:, hawk Dwll~, and horned Dwls, and any .other bird or birds which the Lieutenant Gov ernor in Council may from time to time designate. 17. ~o license or permit shall be issued to any perSDn under sIxteen years of age except .on the written application of his parent or guardian. 18.
No license or permit shall be issued to a company unless it has Ic.omplied with the p'rovisions of The Companies Act g.overning registration and is authorized toO carryon business in Alberta as required by that Act. 19. No person shall be in possessiDn of any big game, game bird or any parts thereof, which has been killed or taken alive in the Province, save and except only as is expressly permitted by this Act or by the Regulations. 20.
No person shall transport Dut of the Pr.ovince Dr have in his posse1ssion f.or the purpose of transporting out Df the Pr.ovince any big ,game, fur-bearing animal or game bird or any part or parts thereof unless he has firBt received a per-mit is,sued pursuant to. this Act authDrizing the trans portati.on thereDf .outside the PrDvince. 21. No pers.on shall buy, sell, deal or traffic in any big game .or any game bird Dr any part .of any big game or game bi:r.d save and except .only as is- expressly pe-rmitted by this Act or by the Regulations. 22.
Where a license Dr permit issued under the provisions of this Act Dr the RegulatiDns has been lost or destroyed, the Fish and Game C.ommissioner, upon proof to. his satis faction .of such 10'ss or destruction, and upon payment of a fee of one dollar, may issue a duplicate license .or permit theref.or,provided that such duplicate has inserted thereon the number.of the lost or destroyed license and iB marked ~D as to clearly indicate that it is a duplicate license Dr permIt. 23.
A license to. hunt big game anim'als Dr game birds Dr to' trap fur-bearing animals shall authorize the. licensee to' hunt .or trap .only in such portions of the PrOVInce an~ at such times as may be specified in his license Dr be prescrIbed by Regulation.
8 24. Each license .or permit issued under thi.s Aet sha11 expire at the date menti.oned' in the license or permit .and. if no such date is shown thereon, then the date of expIratIoIl shall be the thirtieth day .of June following date of issue. 25. No license or permit issued pursuant to this Act shall be transferable, and any person who knowingly allows his Hcense 'Or permit to be used or ca·rried by any other person, or who uses or carries any other person's. license or pe1rmit, shall be guilty 'Of an offence against this Act. 26.-
(1) Any license o.r permit required under the provi sions .of this Act or any Regulation made thereunder, may be issued by the Minister or by such other person as he may designate, and shall be in ,such f.orm as the Minister may pres'cribe.
(2) The issue, can~ellati.on, s'U:s'pension and reins,tatement of any lieense or permit shall be governed -by the provisions of
section 127 'Of this Act.
PART II. GAME BIG GAME 27. No person shan hunt, shoot at, take or kill any big game under the age of one yea:r, except black, brown or' cinnamon 'bear, Dr any hig game with horns less than four inches in length. 28. No person shall hunt any big game unless he is clothed in a coat and -cap of s-carlet material. 29. No person shall hunt any big game between one-half h.our after sunset and one-half hour before sunrise . . ~O.
No person .shaH for the purpose of hunting, taking, kIllIng or destroYIng any big game set out, use or employ any traps, nets or snares of any kind, or use any rifle firing a .22 calibre Rim Fire Cartri.dge. ~1. No. per-so~ shall use or be accompanied by any dog whIle huntIng bIg game or allow any dog which is a'ccus tomed t~ pursue big game to run .at large in any district where bIg game are usually found; and any person may kill a~y dDg. found running or pursuing big game at any time WIthout Incurring any liability therefor.
9 32 .. Any non-resident shall whilst engaged in hunting big ~a~e In any forest reser,;e be accompanied by a guide who IS lIcensed pursuant to thIS. Act, ~nd whilst so engaged else where shall be accompanIed elthe'r by a guide licensed pursuant to this Act or by a resident of the Province. 33.
Any person who resides in that part of the Province lying to the north of a line described as follows: Commenc ing at the interse:ction of the north boundary of township 76 with the inter-provincial boundary between Alberta and Saskatchewan, thence westward along the north boundary of township 76 to the east boundary of range 18 west of the fifth meridian, thence north along the east 'boundary of range 18, west of the fifth meridian, to the north boundary of township 88 (23rd base line), thence west along the north boundary of township 88 to the inter-provincial boundary between Alberta and British Columbia, at a point which is not included in the corporate boundaries of any city, town .or village, shall be entitled, without a Hcense, to kill and take big 'game for the purpose of providing necessary food for himself and family, in case it is necessary so to do, at any time of the year. 34.-
(1) N'otwithstanding anything to the contrary in this Act, the Minister may is.sue permits authorizing the tak ing and killing of big game animals f.or the purpose of feeding fire crews employed by the Department while such crews are actually engaged in the fighting of forest fires in any of the forest reserves or the Northern Alberta Forest District;
(2) Such permit ,shall be issued to a gam,e officer desig nated by the Fish and Game Commissioner, and such game officer shall report f.orthwith to the Department the date and place of the killing, the species of the animal taken and the disposition made thereof. 35.
Upon it being made to appear to the Minister by the affidavit of any game guardian or game officer that any person has whilst hunting any big game inadvertently or otherwise discharged a firearm at any other person, the Minister shall cause to he inserted in The Alberta Gazette a notice to the effect that that person is no longer entitled to be the holder of any game license, whatsoever from and after the date of the publication of the notice, and thereupon that pers.on shall be absolutely disqualified from holding any game license, or to be in possessi.on of any f~rearm elsewhere than .on his own premises and any game. lIcense held by OF i,ssued to him shall be utterly null and VOI~ unless and un~Il the Minister declares that such person IS no longer dIS- qualified. 36.-
(1) Any person wh.o aecidentally,. by mistake or otherwise, unlawfully kills, any big game ~nlmal shall forth with properly dress the carcass and dehver the meat and hide in a good state of preservation to the nearest game
10 guardian, game officer, fo.rest o.fficer, 'co.nstable or justice o.f the peace, who. shall s~ll ~r other'Yise dispose o.f t~e ?1eat and hide in acco.rdance WIth InstructIOns from the MInIster.
(2) In any case in which it is impossible fo.r any perso.n to. comply with the pro.visions o.f subs,ectio.n (1), he shall witho.ut delay deliver the meat and hide to. the agent .of the railway co.mpanyat the nearest railway station to. the order .of the Fish and Gam'e Co.mmissioner and shall at o.nce repo.rt the killing and the delivery to. the Fish and Game Co.mmis siGner at Edmo.nton. 37. It shall be unlawful fQr any person to. hunt o.r mQlest any deer, moo.se, elk, o.r 'caribo.u while su:ch deer, moose, elk, o.r carihQu is !swimming in the waters o.fany lake 0.1" river. 38.
No perSQn shall deal with any big game animal Qr any part thereof in such a way a,s to. destroy the distinctive evidence of the sex thereQf until such time as the said big game animal or all the pavts thereof have been cQnveyed to. the pla-ce Gf residence of the captor, if a resident o.f the PrQvince, .or in the case Qf a nQn-resident, until the said big game animal '01" all the parts thereof have been inspected by a game Qfficer, a game guardian, and no. perSQn shall have in his PQssession at any tim'e befQre the transportatiQn thereQf has been cQmpleted any big game animal Qr any part Qr parts thereQf which has been dealt with in cQntraventio.n Qf the prQvisiQns of this sectiQn. 39.
No. perSQn shall place in CQld storage the flesh o.f any big game, between the end Qf the f.ourteenth day fQllGwing the date fixed fQr the closing Qf the open seas.on in any year and the next fGllQwing date fixed fO'r the C'Qmmencement Qf the open seaSQn for the hunting Qf such big game. 40.
No perSQn shaH s,ell, eXPQse fo.r sale, barter, 0'r trade Qr buy 0.1" obtain from any o.ther p€rso.n by purchase, barter, trade Qr otherwise, the head Qf any big game Qr any part Qf the flesh '01" hide thereof, unlesoS the person selling o.r eXPQS ing for sale, barter, Qr trade such head, flesh 0'1" hide is the ho.lder of a permit from the Minister authQrizing him so. to. do.. 4~.
No. railway 0.1" express CQmpany 0.1" other CQmmQn carrIer .or any o.ther person, shall receive or have in P'0sses siQP fQr shipment, c~rrying, cQnveying 0.1" transpGIi to. any pOInt O'r place, any bIg game or the carcass Qf any big game o.r any part thereo.f, '01" game' birds, '01" 'parts thereof, without fIrs,t O'btaining the shipper',s hunting licens,e number '01" o.ther authority which has been ,issued by the Minister. The license numher .or '0ther autho.rizatio.n must be set .out in the bill o.f lading acc'0mpanying the shipment. GAME BIRDS 42.
No person shall hunt any game bird between Qne h?ur after sunset and one ho.ur before ,sunrise, o.r .on the fIrst day o.f the week co.mm'0nly kno.wn as Sunday.
11 43. ~o person shall.for the purpose of taking, killing or destroYIng any game' bl.rd, set out, use or employ any traps, nets or snares of any kInd. ~. No person having the ~ustody or control of any retrleve'r dog, set~r dog or pOln~r dog or any other dog used for the huntIng of g~m,e bIrds shall allow any such dog to' rU!1 at large at any b.me between the first day of May and th~ fIrst day of August .In any year unless he is expressly authorIzed so to do by thIS Act or the RegUlations made thereunder. 45.-
(1) No. person shall hunt with or carry for the purpose 'Of huntIng, any shotgun of the desc~iption known as "automatic" in which the re'coil is utilized to' relO'ad the gun.
(2) N,? pers~n shall with an~ Tifle or with any shotgun loaded WIth a SIngle bullet or WIth any other weapon using ball cartridges hunt any migratory wateTfowl or migratory game bird.
(3) No person shall for the purpose of hunting any migratory waterfowl, use or employ any live decoys. 46.-
(1) No person shall hunt any game bird within two hundred yards of any occupied dwelling.
(2) No person shall hunt any migratory game bird or migratory waterfowl on or within twO' hundred yards of any island that is inhabited, when captive ducks or geese are kept on ,that island or within two hundred yards of it. 47. No person shall at any time wilfully disturb, destroy or take the eggs or nest of any game bi~d or 'any bird proteeted by this Act, unless he is the holder of a permit for that purpose issued by the Minister pursuant to this Act. 48.
No. person shall place in cold s,torage the flesh of any game bird between the end of the fourteenth day following the date fixed for the dosing of the open season in any year and the next following date fixed for the commencement of the o.pen Iseason for the hunting o.f such game birds. 49.
Any person who is a resident within the meaning of this Act and who is the owner, hO'mesteader, or lessee of land which is used for farming or ranching purposes and who actually resides and carries on the business of farming or ranching upon the said land or some part thereof, as well as any member.of such person's immediate fami~y who a;ctually resides upon the s,aid land, may hunt game bIrds dUrIng the open season therefor upon such land, but not elsewhere, without any license OT permit.
PART III. FUR. FUR BEARING ANIMALS. 50.-
(1) No person shall shoot .or spear any mus~rat or otter at any time, or .cut, spear, open, break, partIally des1tr.oy or destrQY at any time any beaver h.ouse or beaver dam, 'Or any muskrat ~unway or muskrat den.
(2) No person shall at any time, set .or place any trap in any runway or den of any muskrat 'Or in any beaver house or burrow or within five feet of any beaver house.
(3) No person shall molest or destroy a den .or usual. place of habitation of any fur-bearing animal 'Other than a timber wolf, prairie wolf, skunk,cougar, or wolverine.
(4) If any animal is destructive of private property or a danger to public safety, the Minister may issue a special p€rmit t'O destroy the animal and to all.ow the doing of any thing pr'Ohihited by this section.
(5) No person shall use any dog in any manner whatso ever for the taking 'Or killing of any mink, muskrat, marten, fox, fisher, lynx, beaver 'Or otter.
(6) No person shall at any time, sh'Oot at, take 'Or kill any beaver with any firearm 'Or rifle firing a Rim Fire Cartridge. TRAPPERS. 51.-
(1) Subject to sections 15 and 56, no person shall hunt, trap, take 'Or kill any fur-bearing animal without hav ing first obtained a license 'Or permit under thi,s- Act auth'Or izing him S'O to do.
(2) No license or permit t'O hunt, trap, take or kill any fur~bearing animal, ·shall he issued to any perSQn whQ is not a resident wi,thin the meaning .of this Act. 52. The p'OssessiQn of a suhs,isting trapper's license shall n'Ot auth'Orize the h'Older there'Of to hunt 'Or trap fur-bearing anim-als .on lands. lying within a game preserve, forest re serve, Indian reserve, Metis area established under The Metis Population Betterment Act 'Or over a trap-line held under registration by someone else-. 53.
No person being the h'Older .of a trapper's. license t'O trap in British CQlumbia, Saskatchewan, N'Orth West Terri t'Ories .or the W'Ood BuffalQ P.ark, shall apply for 'Or be in possession 'Of a license t'O trap in Alherta. 54. No pers.on shall for the purpose of trapping fur bearing animals, use 'Or employ in any manner whatsoever, anybirds-, big game animals" or parts ,thereof protected by this Act.
13 ,55. No person, exc~pt residents who have resided in the defined. area f.or: a perIOd of not less, than four years prior to ma~Ing apphcahon f'Or a trapping license, and who are duly hcensed! shall.hunt! take, trap, shoot at, w'Ound 'Or kill any fur-bearIng anImal In the area described as follows: All that portion of Alberta lying North of the 27th Base Line except W'Ood Buffalo Park. TRAP LINES. 56.
No person shall hunt or trap fur-bearing animals within the limits of a trap'-line without having first obtained a .certifi'cate o~ registration under this Act authorizing him so to do, prOVIded however, that the holder of a valid and subsisting certificate of registrati'On, may allow his wife or a child, under eighteen years of age, to trap thereon. ' 57.-
(1) No ,certificate 'Of registration of a trap-line shall be issued to any person whatsoever, except where that person is a Bdtish subject and a resident of the Province within the meaning of th1is Act, and is,- (
a) a male person over the age 'Of eighteen years; or (
b) a widow having minor children 'Of her own, depend ent upon her for support; or (
c) a married woman living apart f:r~om her husband and having minor children 'Of her own, dependent upon her for support.
(2) NO' person shall be granted more than one trap-line. 58. Every ,application f'Or a certifi:eate of registration of a trap-line', or for the renewal of such certificate shall be made ona form to be obtained fr'Om the Department. ,59. Nopers'On whO' holds a certificate 'Of registration of a trap-line shall hold. a trapper's; license, and if he' does so the certificate of registration 'Of the trap-line shall be null and void. 60.-
(1) Each certificate of registration of a ~rap-1ine shall expire on the thirty-first day 'Of May, follOWIng date of issue.
(2) Each h'Older of a certificate of registrati'On of a trap line if he desires a renewal of it, shall, on or before the fifte'enth day 'Of July next following the expi~atio~ of such registration, 'apply for a renewal of such regIstratIOn for a further period.
(3) Where the holder of a certificate .of .registra~ion of a trap-line fails to apply for renewal WIthIn the tIme pre s'cribed by subsection (2), the said t~ap-line shall. be c?n sidered abandoned and shall become ehgIble for regIstratlOn by any other qualifioo. person.
14 61. Any holder of a certificate of registration of a trap line who has subsequently relinq?ished his trap-line to se.rve in His Majesty's naval, land or aIr. force~ s~all have the flr~t and preferred right ,to the trapPIng p~IvIle~es' on the· saId trap-line when it is next open for regIstratIOn or renewal. 62.-
(1) Each holder of a certifi.cate of registr~tio~ of a trap-line shall blaze or otherwise mark such trap-hn~ In a manner which will sufficiently indicate the boundarIes of such trap-line.
(2) Each holder of a 'certificate of registra~ion ~f a tra'p line shall mark each and every trap used 'by hIm wIth a dIS tinct identification mark, such mark to be registered with the Department. (.3) Where the holder of a eertifkate of regis,tration of a trap-line, discovers traps or snares other than his own within the limits of his trap-line, he may remove such traps or snares and shall deliver them to the nearest justice of the peace, game officer or constable to be dis·posed of as set out in s,ection 149 of this Act. 63.
Any holder of a certificate of registrntion of a. trap line who causes or sets, or by his, trapping operations causes or sets, any ground or forest fires upon his trap-line shall be guilty of an offence under this Act, and may at any time be called upon to assist without remuneration in the fighting of any ground or forest fire on his trap-line, or any fire threatening the said trap-line. 64.
Every person who in the course of any trapping operations accidentally takes any illegal skin or pelt of a bur-bearing animal shall forthwith deliver to the Fish and Game Commissioner, or ioa ,constable or a game officer, every such illegal skin .or pelt together with a declaration in writing signed by him setting out the' drcumstance's of the taking thereof, ;and all such illegal skins or pelts shall be disposed of in such manner and by suchpers,ons as the Min ister may direct, and in the event of their being sold, all or part of the net prQceeds m·ay be pay/able to the person making delivery thereof.
FUR TAXES. 65. Each person licensed to carry .on the business of buy ing, selling, trading or trafficking in the skins or pelts of fur-~~ring animals, and ever.y furrier and tanner shall pay a tax In respect of each skIn or pelt purchased in such amount as may from time to time be fixed by the Lieutenant Governor in Council. ~. The tax payable on skins or pelts. of fur-bearing anlI~als s~all be paId by the first purchaser, and tax reeeipts obtaIned In respect .of such skins or pelts shall upon every subsequent sale be delivered to the purchaser of the skins
15 or pelts. in re~.pect of which the tax has been paid. Any tax receI~t whIch ha~ n.ot been so delivered to the purchaser of ,the skIns, or pelts In respect of which it is issued shall be null and void. 67. T~he ta~ payable in respeot of any skin or pelt of a fur-bearIng anImal shall b~ payable on demand being made ther~for by any game o~fICer or duly authorized collector, and If n.o such demand IS made, the tax shall in all other cases he paid to a duly authorized collector not later than ten days after a:cquisiti.on .of the skin or pelt. 68.
Where the skins Oor pelts of fur-bearing animals have been received from outside' the boundaries of the Province. any person, firm or :company, receiving the same, shall, if they desire exemption from the tax on such skins or pelts miaintain such shipment intact until the same has bee~ inspected by a 'game officer or any authorized collector, but before exemption of the said tax is, granted, documentary proof of the sour,ce of .origin of such skins or pelts, satisfac tory to the Fish and Ga:me Commissioner, shall be submitted and delivered to the game officer or collector. 61;).
Any pevson holding a fur tax receipt at the time when a new fur tax Iserial letter is introduced by the Department, namely; on the first day of October Oof each year, shall ex change the relceipt for a receipt bearing the new serial letter,and any receipt held after the thirty-first day of October in any year which does, nOot oontain the new serial letter shall be null and Vooid. EXPORT OF SKINS OR PELTS. 70.-
(1) No pers'on shall transport out of the Province or have in his possession for the purpose of transporting out of the Province, any ,skin or pelt of a fur-bearing animal or parts thereof, without having first obtained a permit issued under this, Act authorizing him so to do.
(2) Every applicant for any such permit to export shall deliver to the issuer a statement in writing setting forth a des'cription of the skins; or pelts, and the number of each s'pe'Cies to be exported and shall pay to the i,ssuer the fur tax, if any, payable in respect of such skins. or pelts.
(3) The number 'and species of the skins .or pelts to be exported must 'be shown on the permit to export and upon delivery of such skins, or pelts, ,to any carrier or any other person for export, the permit shall he delivered ~o the carrier .or ·other person and shallaecompany the SklI~S' ?r pelts to their destination and shall, if there IS a wayb}ll In respect of sll,ch skins or pelts, be attached to the waybIll by the carrier.
(4) Every hale, box, parcel, package or other receptacle containing skins or pelts to be exported must have attached thereto a declaration tag furnished by_ the Department show-
16 ing the true number of pelts .or skins of each species con tained therein and every bale, box, parcel, package or other receptacle f.ou~d without such declaration tag attached may be seized forthwith. 71. The agent of an express company or .other cO'mmon carrier shall permit any constable or game officer to' inspect every bale, b.oX or parcel ,c~ntaining t~e ski~s .or: pelts ?f fur..;bearing animals on arrIval at theIr destInatIon or In transit, prO'vided hO'wever, that nO' su.ch box, bale or par~el shall be taken from the premises 'Of such com·m,Qll .carrIe·r by any constable .or game .officer, except as prGvided by
section 135 of this Act. 72. The agent of ,an express cDmpany or 'Other common carrier shall at the request of a constable or game officer, furnish such constable .or game offi.cer with a list of the ship ments .of the' skins or pelts .of fur-bearing animals received by such commDn ·carrier .on any given date, and such list shall contain the namels and addresses of the consignees,. 73. No person, firm or company shall transPO'rt 'Or allow to be transported as baggage by any .common ,carrier th€ skins Dr pelts .of fur-bearing animals. 74.
ND agent 'Of any express ,company Dr other (!OmmDn carrier shall receive fO'r transpDrtati,Qn beyond the bQun daries· of the Province any big g.ame, game birds or skins .or pelts .of fur-bearing animals, or parts thereQf, unless the same be accompanied by and the tDansportati.on thereof authGrized by an expDrt permit issued under authority of this Act. TRADERS AND DEALERS. 75.
No perSDn either by himself, his clerk, servant O'r agent, .or by any pers'On on his premises, directly .or indire'ctly 'On any pretence Dr by any device shall at any time buy, sell, deal, barter, solicit, export, traffic in O'r have! in his pDsses ... sion, any illegal skin .or pelt Dr part there.of ,of any fur bearing animal. 76.-
(1) No perSDn either by himself, his clerk, servant or. agent, shall buy, sell, deal, barter, solicit or traffic in the skIn, pelt, or part thereof, of any fur-bearing animal, Dr conduct any sale of such skin, pelt, O'r part thereof, either by. tepder or by au.ctiDn, or being a furrier shall acquire any skIn, pelt, or pari thereof, of any fur-bearing animal for the purpose of manufacture,,Qr being a tanner shall receive any skIn, p~lt, ·~r part thereof, 'Of any fur-bearing animal fDr proc~sslng I~ any m!anner whatsoever, without having first obtaIned a lIcense under this Act authGrizing him sO' to dO'.
(2) As a cO'ndition pr·ecedent to' the issue of any li.cense, the Minis,ter m.ay in any ~ase or dass· .of cases', require a bO'nd or such Gther fQrm of security as he may deem neces-
17 sary . f'Or securing the due payment of any taxes payable by the lIcensee pu!suant to thIS ~ct 'Or the Regulations, and for th~ due complIance by t~e lIcensee with the provisions 'Of thIS A'ct, and the RegulatIOns made thereunder. (
B) No pefison who is in possessi.on 'Of a license as pro vi~e~ for by subsection (1) shall buy, sell, deal, barter, ~oOlIClt or tr~ffic, or.b~ .concerned in the buying, selling, deal Ing, barter.lng, solICItIng .or trafficking of any raw 'Or un dr~ssed sk!n or pelt or part thereof, of any fur-bearing anImal,. wI,th any person in Alberta except where that person 18,- (
a) in ~ossession of a license as provided for by sub se'ctIon (1) ; or (
b) a duly licensed trapper or fur farmer; 'Or (
c) a person selling fur taken under authority of sec ti'On 15 of this Act. 77.-
(1) The licenses which may be issued under this Act for the buying, selling, dealing, trading, bartering, soliciting or trafficking, in the skins or pelts or parts thereof 'Of fur-bearing animals shall be as follows: Class I.-Authorizing the resident named therein to carry on business, at premises spedfied therein, provided h.owever that no such licens,e shall be issued unless, it is shown that the ·classification, grading, valuation and payment in full for the skins 'Or pelts 'Or parts there.of is '00mpleted at the prem ises specified, and provided further that no such license shall be issued to any person, firm or company where that person, firm or company is' the agent of a non-resident.
Class 2.-Authorizing a resident of the Provin~e who holds a Class 1 Ucense or a bona fide manager of a firm or company which holds a Class I license, and in addition, to two duly authorized agents of such resident fur dealer or manager of a firm or company, to purchase as travelling fur dealers on behalf 'Of the holder .of the Class 1 license, skins or pelts anywhere in ,the Province, fr'Om persons hold ing a subsisting Class 1 fur dealer's license .or a subsisting fur farmer's license, and such holder of a Class 2 license shall not s'ell, export or traffic in the skins 'Or pelts of fur bearing animals on his .own behalf, provided further, that in no case shall 'Such Clas,s 2 license be issued to more than two agents in additi'On to the principal holding the Class 1 licens,e.
Class B.-Authorizing the non-resident named therein to carry on business, at premises specified therein. Class 4.-Authorizing a person who is not a resident. 'Of the Province to purchase as a travelling fur dealer, skIns 'Or pelts from the holders' of a sul;s.istil}g Clas~ 1 license, within any 'period of ten days spec~fled In the hce~se, pro vided that not more than two such lIcenses shall l;e Issued to any .one person during the time from ~h~ date of Issue 'Of the first license to the ~onowing June thIrtIeth.
Class 5.-Authorizing a person who is' not a resident. 'Of the Province to purchase the skins or pelts of fur-bearIng
18 animal,s at fur sales held by publi~ auction within the Pro vince, provided a license is obtained for the attendance at each sale. Class 6.-Authorizing tanners and furriers. to handle, deal with, process or prepare for market the skIns 'Or pelts of any fur-bearing animals.
(2) For the purpose of this se·ction, the word premi.ses shall mean "a place 'Of bus,ines1s.", such as, a store, tradIng post, or office occupied by th~ licensee f~r the p.u~~,ose of buying, selling, trading, deabng, bartern~g, sol~cltIng or trafficking in the skins or pelts of fur-bearIng anImals, but shall not include any pool room, barber shop, hotel room, boarding house, or any private res,idence, or that part of any building used as a private residence. 78.
N 0 pe~son who holds a fur dealer'ls license, a tanner's license or a furrier's license, shall hold a trapper's license and if he does so, the trapper's license shall he null and void. 79.
No employee of any pers.on, company or corporation shall travel for the purpose of buying, selling, dealing, bar tering, soliciting or trafficking in the skins or pelts or parts thereof 'Of fur-bearing animals, without having first obtained a license under this Act authorizing him so to do, and such license shall, upon the cessation of his employment, be re turned by the employee forthwith to the Department and thereupon a new license may, on payment of the prescribed fee, be issued to any other employee nominated by the em pl.oyer. 80.-
(1) Every person li~ensed to carryon the business of buying, selling, dealing, bartering or trafficking in the skins .or pelts or parts thereof of fur-bearing animals shall keep in books furnished by the Department, true and accurate records .of ,all skins, 'pelts" or parts thereof purchased or sold by him, sh.owing,- (
a) the date of purchase or sale; (
b) the name and address of the vendor 'Or purchaser; (
c) the subsisting li~ense number of the vendor or pur- chaser, unless the skins or pelts purchased are from the fur-bearing animals specified in
section 15 of this Act; (d) 'a sufficient description of the skins or pelts purchas ed .or s.old.
(2) All such entries must be made as soon as possible, and ill no case later than twenty-four hours after 'Such pur chase or sale, and such re:cords shall be open to inspection by any constable or game 'Offi'cer.
(3) During the term of such license, persons holding Clas's 1, Clas,s 2, and Class 3 Hcenses shall on or before the fifth day ~of ea<;h month forward tOo the Department by regis tered mall, a sIgned statement on a form or forms furnished by the Depa:r.tment, showing the number of skins or pelts of
19 fur-bear~ng animals purchased, sold or trafficked in during the preVIDUS month or that no such purchase or trafficking has taken place (as ~he case may be) and perSDns holding 9lass ~ and Class 5 lIcenses shall make a similar statement II?medIately upon the expiration of such license, and in eIther case such ,statement must show,- (
a) the date of purchase Dr sale· , (
b) the name and address of the vendor or purchaser. (
c) the sUbsisting license number of the vendor Dr p~r chas~r, unl~ss the pe~ts or skins are from the fur bearIng anImals speCIfied in seotion 15 of this Act; (
d) a sufficient description of the skins or pelts pur- chased, sold or traffi'cked in,- and eac.h such license holder shall Imake any re turn. requIred to be made pursuant to this Act and the Regulations. FURRIERS. 81.. No person shall buy Dr otherwise acquire or have in his possession the raw skins or pelts or paris thereof of fur bearing animals for ·manufacture without having first obtained a furrier's license under this Act authorizing him so to do. 82.
Each person licensed to carryon the business of a f,urrier shall keep in a book or b'ODks to be furnished by the Department, true and a~curate records 'Of all skins, pelts or parts thereof 'Of fur-bearing animals received by him and such reeord ,must show,- (
a) the date of pur:chase or receipt; (
b) the name and address of the vendor or owner; (
c) the subsisting license number of the vendor or .owner, unless the skins or pelts are from the fur bearing animals specified in
section 15 .of this Act; (
d) a sufficient description of the skins or pelts purchas- ed or received,- and the record shall be open to inspection by any constable or game officer. 83. The possession of a subsisting furrier's license shall not authorize the holder thereof to sell, deal, barter or traffic in the skins or pelts or parts thereof of fur-bearing animals, or otherwise engage in the business of a fur dealer. 84.
ND furrier either by himself, his clerk, servant. or agent, shall tan, dress, pluck or in any way tr-eat the skIns or pelts or parts, thereof of fur-bearing animals, s~ve and except only where such skins or pelts are accompanIed by a fur tax receipt showing that the fur tax payable on such skins or pelts: has been paid, and provide4 fu:th~r, that ev~ry such fur tax 'receipt shall be retained by hIm In hIS possesSIOn.
20 TANNERS. 85. No person, other than an Indian, shall enga·ge in, carryon or be ,concerned in the business, of tanning, dress ing, plucking, dyeing or in any way undertake to dress, tan, pluck or treat the skins or pelts or par.ts. thereof of fur bearing or big game animals without having first obtained a license under this Act authorizing him so to do. 86.
Each pe~son licensed to carryon the business of a tanner shall keep in a book or book,s' to be furnished by the Department, true and accurate re·cords of all skins and pelts and parts thereof of fur-bearing ani,mals. received by him, showing the date of the receipt of same, the name and address of the owner, the fur tax re'ceipt number and the disposition made of all such skins or pelts or parts thereof. Such re'cord shall be open to ins·pe'otion by any constable or game officer. 87.
No tanner either by himself, his· clerk, servant or agent, shall tan, dress, pluck or in any way treat the skins or pelts or parts thereof of fur-bearing animals, save and e~cept only where such skins or pelts are accompanied by a fur tax receipt showing that the fur tax payable on such skins or pelts has been paid, ·and provided further, that every such fur tax receipt shall be retained by him in his posses' sion. 88.
The possession of a subsisting tanner's license shall not authorize the holder thereof to buy, sell, deal, barter, solicit or traffi,c in the ,skins or pelts or parts thereof of fur bearing animals, or otherwise engage in the business of a fur dealer. TAXIDERMISTS. 89.-
(1) No person shall for gain or reward practice the art of taxidermy without having first obtained a license under this Act authorizing him S0' to do.
(2) Every person licensed to carryon the business of a taxidermist shall keep in a triplicate receipt book supplied by the Department a true and accurate record of all game skins or pelts or parts thereof of fur-bearing animals received by him, either for the purpose of curing, mounting or stor ing and such re,cord must show,- (
a) the date the game or pelts were received; (
b) the license number or other authority under which they were killed or taken; (
c) the date they were killed· or taken; (
d) the name and address of the owner,- and the reoord shall be open to inspection by any constable or game officer. .
(3) The original 'Of each receipt shall be delivered forthwith to the customer and the duplicate 'Of each and every receipt shall be f'Orwarded to the Department on 'Or before the first day of the m'Onth following the date of issue.
PART IV. DOG TRAINERS. 90. No pers'On shall engage in, 'Or assist in the business of training dogs as "bird dogs", including pointers, setters and retrievers, without having first 'Obtained a license under this Act authorizing him S,o to. do. 91.-
(1) Every application for a dog trainer's license shall set forth the area ,over whi,ch it is 'pr'OPosed to run the do,gs, giving township and range, post 'Offke addresSi of the trainer while at work and any further in:£o,rmati'On that may be required under this, Act or the Regulations made there under.
(2) The possession of a subsisting dog trainer's license shall not authorize the holder thereo,f t'O enter upo,n privately owned lands without having first obtained the c'Onsent of the owner or 'Occupant of such lands. 9.2.-
(1) No person or association shall co,nduct a field trial ,or 'c'Ompetition for dogs used in the hunting 'Or retriev ing 'Of game birds, unless he is: the holder of a permit issued by the Minister authorizing him so to do.
(2) Any field trial or competition conducted by an asso ciatio,n for ,that purpo,se, in connection with which blank cartridges ,only ,are used shall no,t ,be considered hunting within the meaning of this Act.
(3) During the time it is lawful to, take any game bird, every" person taking
part in any field trials or competitio,n, 'Or taking bivds while at wo,rk with his d'Ogs, shall obtain a game bird license. GUIDES. 93. No person shall act as a guide to any person engaged in the hunting of any game whatsoever, without having first .obtained a license under this Act authorizing him so to do. 94.-
(1) The guide,s' licenses shall be of three classes, A, Band C and no Class A or Class. B license shall be issued to any 'person unless he has, first completed a guide's examin atio,n on a form furnished by ,the Department in the presence
22 of a ,constable or game Qffi.cer and an affid,avit of residence, and unless his application is recommended by a constable O'r 'game O'ffi,cer, and unless he has obtained a .mi~imum. of seventy-five per cent of the marks o;n the examIna~I?n whIch must be obtained for a Grade A lIcense or a mInImum of fO'rty-five per cent O'f the marks on the examination which is necessary fO'r a Grade B license.
(2) Each application f.or a Grade C guide's license shall be accompanied by an affidavit of residence and be recom mended by a constable or game O'fficer.
(3) The possession of a subsisting Class B guide's license shall nO't authorize the holder to act as a guide but only as an assistant tO'a persO'n holding a subsisting Class A guide's license.
(4) The possession of a 'subsisting Class, C guide's license shall authorize the holder to act as a guide to persons engaged in the hunting of game birds only and no holder of such license Ishall act as a guide to moOre than five persons O'n any hunting trip.
(5) No person holding a subsisting Class A guide's license shall act as a guide for more than one person on any trip when hunting big game, but a person holding a Class A guide's license when employing as an assistant a person holding a Class B guide's license may :a'ct as a guide f.or two persons on any such trip.
(6) NO' guide holding a Class A or Clas:s B guide's license shall whilst engaged in the employment ofa hunting party and no other employee of Isuch a guide or hunting party shall, whilst so engaged, exercise any rights under any hunting license held by him.
(7) Each hO'lder of a subsisting Class A guide's license shall, after a.cting as a guide to' any person hunting big game O'n a non-resident general or non-resident special game license, at the dose of the hunt, endorse on the back of the said license a statement showing the number and species of each big game animal taken under the authO'rity of the license. 95.
E.a,ch guide's license shall expire on the thirty-first day of December following ,the date of issue, and every holder thereof g,hall return such license on or before the date of expiration, and shall make a return under oath in the form endorsed upon the license. 9~. ~ach gui~~ whO' fail~ to. report forthwith any offence a~aInst the prOVISIons '~f .thIS Act or the Regulations, or who VIOlates any of the prOVISIons, of The Alberta Forest Reserves Act, The Provincial Lands Act, The Forest and Prairie Fires Prevention Act or The Dominion Parks Act or any Regula tions now made or which at any ti.me here'after may be made under the aforesaid Acts or anyone of them shall immedi ately forfeit any Hcense or permit held by him under this Act.
23 OUTFITTERS. 97. No person shall carryon or engage in or be concerned in the business: of lending, renting, or letting for hire any saddle-horse, pa;ek-horse, vehicle, boat or other equipment for the purpose of being used in the hunting, taking or killing of any big game, without having first obtained a license under this Act authorizing him so to do: Provided, however, that nothing herein contained shall be construed as forbidding any person to rent, hire, or lend any saddle-horses, pack-horses, vehicles, boats, or other equipment to any . licensed outfitter. 98.
The licenses which may be issued under this Act authorizing persons to carryon the business of an outfitter shall be B!S follows: Class A.-To the resident named therein, provided he is the bona fide owner of a sufficient number of horses and the necessary equipment to take care of two or more big game hunting parties, in the field at one time and has had at least five years' experien~ in the outfitting of hunting parties.
Class B.-To the resident named therein, provided he is the bona fide owner of a sufficient number of horses and the necessary equipment to take care of one bi'g game hunting party in the field, and provided further that the license shall nost authorize -the holder thereof to have more than one big game hunting party in the field at one time. Class C.-To the resident named therein, authorizing him to a'ct as outfitter to persons, engaged in the hunting of antelope or game birds only.
Class D.-To the resident named therein, who does not come within Classes A, B or C, authorizing him to supply transportation for big game hunting parties to or from hunting territory, provided however that such transporta tion shall not in any case exceed one horse-drawn or motor vehicle. Class E.-To the non-resident named therein, provided he is the bona fide owner of a sufficient number of horses and the necess-ary equipment to take care of two or more big game hunting parties in the field at one time, and provided further tha.t he has had at least five years' experience in the business of outfitting. 99.-
(1) Each application for an outfitter's license shall 'be accompanied by an affidavit setting forth the number of horses and the equipment owned by the applicant, and such application shall be approved by a constable or game officer.
(2) Each application for an outfitter's license shall be made to the Department on or before the first day of June in the year for which it is· to he used. 100. Each outfitter'S' license shall expire on the thirty first day of December following the date- of ~ssue, and every
2.4 holder thereof shall on or before the date of expiration, re turn the said license to the Department, and shall make a return under oath in the form endorsed upon the license. 101. Each outfitter who fails, to report forthwith. any offence against the provisions of this Act or the RegulatlOns, or who has in his: employ any guide, cook, wrangler, camp helper or other employee who violates any of the provisions of thi~ Act or the Regulations shall be liable to the suspen sion of his license as well 'as any penalty that may be imposed under this A0t. 102.
No license or per,mit to act a!sl an outfitter shall be issued to any person who is not a British subject. 103. Every outfitter who violates any of the provisions of The Alberta Forest Reserve Act, The Provincial Lands Act, the Forest and Prairie Fires Prevention Act or The Dominion Parks Act or any Regulations now made or which at any time hereafter may be made under the aforesaid Acts or anyone of them shall immediately forfeit any license or permit held by him under this A0t. GAME FARMERS. 104.
No person shall keep in captivity or offer for sale, barter or eXjchange any game birds on any farm or other place without having first obtained a license under this. Act authorizing him so to do. 105. Every license to operate a ga!me farm shall expire on the thirtieth day of June following the date of issue, ~nd the holder thereof shall not be granted , any further license except and until he shall -have made all the returns and reports which he may be required to make under this Act and the Regulations made thereunder. 106.-
(1) Every holder of a game farm license shall cause to be securely attaehed to the 'right leg of each game bird over the age of four months kept by him in captivity, a leg band, 'and ,such leg hands shall be numbered and issued in series, a separate series. being assigned to each licensee, and the bands shall be supplied to the licensee by the Depart ment upon payment of a fee of five cents for each leg band supplied. (2).No person shall remove the leg band attached to any game bird until the game bird is ready for consumption.
(3) Leg bands Isupplied to one licens·ee shall not be trans ferable to another licensee except in the case of leg bands attached to game birds whieh are sold for b:rceeding purposes . . 107 .. Game birds bred and kept in captivity in conformity WIth thIS Act .and the Regulations made thereunder may be exposed for sale or sold subje'ct to the following provisions:
25 (
a) Each sale of a game bird for f.ood shall be reported forthwith to the Fish and Game Commissioner. (
b) Each sale of a live game bird for breeding purposes shall be reported to the Fish and Game Commissioner within fourteen days after the date .of sale. 108. Every holder of a game farm license shall f.orward to :the Fish and Game Commissioner ,all the returns or reports required to be made under this Act or the Regulations made thereunder, and every su,ch report or return shall be in a form prescribed by the Fish and Game Commissioner and must show the number of the leg band attached to each game bird sold or otherwise disposed .of. 169.
The holder of a game farm license shall not sell or export 'any game 'bi~d whatsoever beyond the boundaries of the Province without having first obtained a permit from the Minis,ter authorizing him so to do. FUR FARMERS. 110. No person shall have in hi,s possession any fur bearing animals which are kept in any manner for the pur pose of propagation or for sale or gain .or profit, or conduct or operate a fur farm without having first obtained a license under this A,ct authorizing him so to d.o. 111. Every application to estahlish a fur farm shall be made on a form to be obtained from the Department. 112.
No person shall operate a fur farm except where that person has acquired title to, or holds under lease or agreement for sale, or as a homestead the area on which such fur farm is to be or has been established, and except whereon such fur farm,- (
a) fur-bearing animals are kept in pens and such pens are enclosed by a fence which will adequately pre vent all other animals from having access thereto; (
b) beaver or muskrats on ins:pection by a constable or game offi'cer are found to be enclosed by a fence which will adequately prevent the migration of fur bearing animals into and through the fur farm. 113. Each fur farmer's license shall expire on the thirty first day of August foll.owing the date of issue, and eaeh holder thereof shall on or before the date of expiration, re turn the s:aid Hcense to the Department and such license shall be accompanied by a complete repor,t Qna form fur nished by the Department. 114.
No person shall be granted a renewal .of his fur farmer's Hcense except and until he 'shall have ,made all the returns and reports which he may 'be required to make pur suant to this Act 'and the Regulations made thereunder.
26 11.5.-
(1) Every holder of a valid and subsisting fur farmer's license may on application he entitled to exemption from the payment of export fees on live fur-bearing animals and the payment of fur taxes on the skins or pelts. of f?r bearing animals, provided, however, that no such exemptIon shall be granted to the holder of the license except where the application is,- (
a) f.or the export 'Of live fur-bearing animals which have been reared on his fur farm; or (
b) for the exemption of tax on the skins or pelts of fur bearing animals which have been taken from animals reared on his fur farm.
(2) Where any fur farmer has failed to make applica tion for exemption from the payment of fur taxes· .on the skins .or pelts of fur-bearing animals, or from the payment of eXP'Ort fees on live fur-bearing animals reared on his fur farm, he shall pay such fur tax and export fee's in such amounts as may fr.om time to time be fixed by the Lieutenant Governor in C'Ouncil.
(3) Where any fur farmer has paid fur taxes or export fees as set out in subsection (1), n'O refund of such fur tax or export fees shall be made.
(4) No exemption from the payment of export fees on live fur-bearing animals, or from the payment of fur tax on the skins .or pelts .of fur-bearing animals shall be granted to any fur farmer save and except only where the applicati.on f.or exemption is ac-companied by the fur farmer's license and the exemption has been end.orsed thereon . . 116.
No fur farmer's license shall be issued to any person for the purpose of propagating beaver or muskrat unless and until he shall have obtained a 'permit under this Act authorizing him to retain the beaver 'Or muskrat, if any, in the area on which it is proposed to establish the fur farm. 117. Each fur farmer shall keep all enclosures, pens and premises used for the purpose of fur farming in a clean and sanitary condition and the standard of cleanliness 'Or sanita tion shall ·be that appr'Oved by an officer of the Provincial Department of Public Health. 118.
No person shall import int.o the Province any fur bearing animal unless and until a certificate of health issued by a qualified veterinary is attached to ,the bill of lading accom}tanying each consignment of such animals, and pro vided further that any such animal so imported shall be kept in an isolation pen situated not less than fifty feet from any other animal for a period of thirty days. 119.
Each fur farmer shall on a form furnished by the Department, report forthwith to the Department the death of any animal on his fur farm from any cause whatsoever and any outbreak of sickness or disea.se on his fur farm, and
27 shall comply with any written instructions given to him by the Department arising out of such death, sickness or disease. 120.-
(1) Any fur farmer who has! an· outbreak of a communicable disease on his fur farm shall have posted on the entrance to the enclosure surrounding the buildings or pens containing his animals, a quarantine notice in a form furnished by the Department and such f.orm shall state the nature or type of the disease and shall remain posted until the date of expiration shown thereon. ('2) No animals, or equipment shall be removed from the fur farm during the period of quarantine for any purpose whatsoever, excepting sick animals 'consigned to a labora tory for examination. 121.
Any owner or 'caretaker of fur-bearing animals kept on any fur farm for any 'purpose pursuant to a license or permit obtained under this Act may kill any dog found on the premises near the enclosure in which the fur-bearing animals are kept which is terrifying such fur-bearing animals by giving tongue, barking or otherwise.
PART V. ADMINISTRATION. GENERAL. 122. The Lieutenant Governor in Council ;may appoint a Fish and Game Commissioner, game offkers and other offi'cers and fix their remuneration and prescribe their duties. 123. The Minister may appoint such persons as he may deem proper as game guardians whose duty it shall be to enforce the provisions of this Act under the direction of the Fish and Game Commissioner, and may in any case in which he deems it proper, provide for the remuneration of such game guardians. 124.
All members of the Royal Canadian Mounted Police, all forest offi,cers, all fire rangers, all fishery officers, and all postmasters shan be ex officio game guardians ~nd shall have the same 'powers and duties as are conferred or Imposed upon a game guardian appointed by the Mini'ster pursuant to this Act. 125. The Lieutenant Governor in Council may from time totime,- (
a) declare any designated area or areas to be game pre serves Dr bird sanctuaries, and may prescribe such regulations as may be necessary for the control thereof and the protection of wild life therein;
28 (
b) declare ,that any area previDusly declared to. be a game preserve .or bird sanctuary 'shall cease toO exist as such; (
c) add to or subtract from the area of any existing game preserve or bird s,anctuary; P.rovided, however, that no such game preserve Dr bird sanctuary shall be constituted upon private land withDUt the request Dr consent of the re'gistered owner there .of. 126.-
(1) The Lieutenant Governor in Council may from time to time make regulations prDviding,- (
a) fDr the issuing of licenses to nOon-residents of the following descriptions: (
i) general game licenses permitting the hunting of big game and game birds; (ii) game bird licenses permitting the hunting .of ·game birds; (
b) for the issuing of licenses to residents of the follDW ing des.criptions: (
i) big ·game licenses pe·rm.itting the hunting of big game; (ii) game bird licenses permitting the hunting of game birds; (
c) fDr the restrktion .of the DperatiDns. under any gen eral or big game or game bird license to any specified area or toO any specified time or to any specified area and spe'cified time; (
d) for the maximum number .of any kind of big game or game bird whi;ch may be taken during any .one day ·and during any other specified period; (
e) for the prohibition .of the hunting of any kind or kinds of big game, ·game birds, fur-bearing animal or any of them, either absolutely Dr during a specified period or within a specified area; (
I) for the issuing of permits for the transportation out of the ProOvince of any big game or game bird to the person killing Dr lawfully acquiring the sam~; (
g) for the issuing .of permits foOr the taking of big game, 'game birds and fur-bearing animals, and the nests and eggs of 'game birds and other birds for the pur 'Pose of transporting such big game, fur-bearing animals, birds or the eggs of birds from one district within the Province to another district within the Province to ensure a better distribution .of the variDus species, or for transportation of such big • game, fur-hearing animals or birds or eggs of birds to places outside the Province in ex;change for other species, or foOr distribution to public parks or zoolog ical gardens or for scientific purp.oses ; (
h) for the payment .of bounties on wolves, C.ougars, 'c.oy.otes, crows and magpies, and .on such other predatDry animals and birds as may be designated from time to time; (
i) f.or the issuing of permits to farmers .or holders of a subsistingcertifkate .of registrati.on .of a trap line,
29 authorizing the taking of live beaver on the farmer's own land or the trapper's own registered trap line, and for the sale of such beaver to. a licensed fur farmer or holder of a subsisting certificate of reg istration of a trap lin~ for the purpose of propaga tion, and for the amount of the fees to be charged in respect of such permits; (
j) for the fees ,to be charged in respect of any license or 'permit; (
k) for the forms of li~nses and permits and of appli cations therefor; (
l) for the returns to be made by the holder of any license 'Or permit; (
m) fDr the marking by means of tags or seals, any game lawfully killed or taken alive, and fDr fixing the amount of the fees tOo be charged for such tags or seals,; (
n) for the marking Df any fur-bearing animal or game kept upon any licensed game farm or fur farm by means of a distinctive mark, and for the registration of that mark in the name of the owner of the fur or game farm upon which it is kept, and for the fee to be paid in respect of the registrati.on ; (0) for the licensing and regulating of game farms and fur farms,; (
p) f.or the issuing of permits to collect game birds and fur-bearing animals for propagatiDn purposes; (
q) for deelaring any animal tOo be big game; (
r) for declaring any bird to be a game bird ; (8) fQr prOohibiting .or restricting the use and possession Oof airguns, shotguns, rifles or other firearms in any part of the Province in which it may appear that it is) desirable tOo take special pre,cautions to prevent viDlation 'Of this Act; (
t) for the amount of the tax to be paid by any licensed fur dealer in respect of any skin .or pelt purchased by him and fixing different amounts for different kinds of skins Oor pelts; (
u) for the manner in which and the pers.ons to whom the said amDunts are tOo be paid; and (
v) generally as to any matter Oor thing the doing of which is permitted by this Act, Oor as to any case which may arise and for which no specific provisiOon is made by this Act for the purpose .of carrying out the provisions of this Act according to the true intent thereof.
(2) Each regulation made pursuant to this Act shall be published in The Alberta Gazette and shall COome into f.orce upon the day upon which it is apprOoved Oor made, and every such RegulatiOon shall have the same force and eff.ects as if it had been expressly enacted by this Act. 127.-
(1) The Minister may frOom time to time,- (
a) appoint and prOovide for the remuneration of persons skilled in the handling, judging and classifying of
30 furs who. shall examine all skins Dr pelts of fur bearing animals produ,ced befDre them by the Fish and Game Commissioner; (
b) prescribe the manner in which any illegal skins Dr pelts, which may have been delivered to. the Depart ment pursuant to any of the prDvisions of this Act or the Regulations shall be dispDsed Df, and in the case of sale the persons by who.m and the manner in which the sale shall be made; (
c) prescribe the manner in which any big game, fur bearing animals or game birds, Dr any parts thereof which have been co.nfiscated or fDrfeited pursuant to' any of the prDvisions of this Act shall be disposed of; (
d) prescribe the manner in which any firearms, snares, traps or other appliances or property which has been confiscated or forfeited pursuant to any of the pro visions of this Act shall be disposed of; (
e) issue permits to. keepers of hDtels, and restaurants permitting the keeping and preparation of the car casses of big game and game birds lawfully acquired bya person who. is a guest Dr hDarder at the per mittee's hotel Dr restaurant and for the personal use of the guest or boarder, subject to. such terms and cDnditio.ns as may be prescribed; (
I) issue permits to. DrganizatiDns and associations, permitting the preparatio.n and serving of the flesh of big game or game birds at banquets or dinners in 'cases where the big game Dr game birds have been legally taken or acquired and have been do.nated to the organization orassociatiDn by the members thereof, and subjec,t to' ,su~h terms and conditiDns as may be prescribed; (
g) pres,cribe the time and conditiens as to. the keep ing and dispesition Df any flesh of any big game or game bird by any keeper o.f a hetel Dr restaurant pursuant to. a permit granted under this section; (
h) issue permits :for the trapping or hunting of any specified big game, fur-bearing animals or game birds with the 'Object of preventing damage to' f,arm 'crDps 'Or other prDperty; (
i) in his discretion issue or refuse 'Permits and licenses for the doing of anything which by this Act or the Regulations may be done, prescribe rules and CDn ditions with reference thereto., 'and unless otherwise provided fo.r by this Act, cancel, suspend, Dr rein state any such license Dr permit upDn Ruch terms as he may deem just; (
j) as a condition precedent to the issue ,of any license or permit in any case Dr class of cases" require the applicant therefor to. furnish a bond Dr such Dther form of security as the Minister may deem necessary to. secure the due observance of this Act and the RegulatiDns; ,
31 (
k) appoint persons for the purpose 'Of issuing any license 'Or permit which may be issued pursuant to this Act or the Regulations and provide for the remunerati'On of such persons for S'O doing.
(2) When in this Act anything is permitted or directed to be done by the Minister, he may in his discretion from time to time direct~hat it be done by the Fish and Game Com missioner on his behalf. POWERS OF GAME GUARDIAN AND GAME OFFICER. 128. Ea,eh game guardian or game officer shall have the P'Ower t'O administer an oath as effectually as if he were a commissioner for 'Oaths t'O any person making any declara tion in writing or affidavit authorized: or required by the provisions of this A~t 'Or the Regulations. 129.
Any game guardian or game officer may enter upon or pass over any lands whether encl'Osed 'Or not for the purpose 'Of discharging his duties and whilst so engaged he shall be liable only for any damages which he may wilfully cause. 130. Any game guardian or game officer may without warrant arrest any person found committing any offence against the provisi'Ons 'Of this Act or the Regulations. 131. Any person when requested so to do by a game guardian or game officer shall produce and show to the game guardian or game, 'Officer his license or permit. 132.
Any game guardian or game officer may inspect all ,camps 'Occupied bya hunter 'Or hunting party and may direct what arrangements shall be made in regard t'O sanitary matters, the disposal of refuse and the extinguishing 'Of fires. 133.-
(1) A game guardian 'Or game officer is em powered, upon the production of his badge, or his certificate of appointment, to search, withQut obtaining a warrant, any vehicle, boat, canoe, dugQut, shed, tent, shelter, pack sack, fuck sack, or other sack or c'Ontainer, or the pack on any pack horse, if he has reason to believe and does believe that there is c'Oncealed therein any game, fur-bearing animal .or parts thereof illegally killed, taken or held in PQssessi'On contrary t'O the provisions of this Act, or any skin 'Or pelt in res'pect of which any tax payable pursuant to this Act is unpaid.
(2) Any game 'Officer may, without obtaining a search warrant, 'search any building or other place and in particular but without limiting the generality of the f'Oregoing, may search any aircraft, vessel, launch or any railway car, includ ing a ~aboose and a bag'gage 'Or express car if he has reason to believe and does believe that there is c'Oncealed therein, any game, fur-bearing animal 'Or parts thereof, illegally
32 killed taken Dr held in possession contrary to the prQvisiQns of thi~ Act, or any skin or pelt in respect of which any tax payable pursuant to this Act is unpaid. 134.
Upon information on oath by any game guardian or any otherpersDn that he suspects Dr believes that any big game, fur-bearing animal, .or game bird, or the pelt .or skin .of any big game, fur-bearing animal, .or any part thereof, or game bird which has been unlawfully taken or the possession of which is by this Act prohibited is kept or had or is unlaw fully kept or had in any building or premises or in any place, it shall be lawful for any justice by warrant under his hand to auth.orize and empower any game guardian or any other person to enter and search the building, premises or place, and every part thereof, and for that purpose to use all ne.ces sary force and to break open any door, lock or fastening of the building or premises, .or any part thereof, or any closet, cupboard, box or any other receptacle therein in case the owner or person in charge obstructs .or refuses to facilitate the search, and it shall not be necessary for the game guardian or other person to set .out in the information any reason for the grounds for his suspici.ons or belief. 135.-
(1) Where a game guardian or game officer finds in any building, premises, vehicle, aircraft, railway car, vessel, launch, boat, canoe, dugout, shack, tent or shelter or in any place, whether in the possession or control of any person or n.ot, any game, pelts or skins or any part thereof, which in his .opiniDn, or which he has reason to believe, have been illegally hunted, taken, killed or procured or are illegally held, kept or in possession, or where a game guardian or 'game officer finds any vehicle, aircraft, vessel, launch, boat, canDe, firearms, ammunition, decoys, traps, snares, gear, materials, implements and appliances for shooting, hunting, trapping, or snaring game which he has reason to believe were illegally held, kept Dr used for or in CDnnection with the viDlation of this Act or the Regulations, he may f.orthwith seize the game, pelts or skins or any parts thereof and the containers in which they are contained and the vehicle, aircraft, vessel, laun;ch, hoat, canoe, firearms, ammunition, decoys, traps, snares, gear,materials, imple ments and appliances for shooting, hunting, trapping or snaring game together with any papers, books, documents and records at or in the place, building, premises or upon the person of any person found there, or 'c·onnected therewith or in the possession or control of such person, which may afford evidellce of the c.ommission of an offence against this Act or the RegulatiQns.
(2) The game guardian or game .officer shall give a receipt therefor to the person, if any, in whose possession or custody the things placed under seizure have been found and shall deliver all things seized to a justice of the peace, to be dealt with in accQrdance with
section 149 .of this Act, at the same time furnishing the justice with an affidavit that he has reason to believe that an offence has been committed in
33 respect of the things placed under seizure, and setting 'Out the name 'Of the person, if any, having PQssession 'Or custody 'Of the things SQ seized. 136. Any Iconstable, game 'Officer, forestry 'Officer, 'Or fishery inspect'Or may kill 'Or destroy any big game, fur bearing animal 'Or game bird at any time if he has written permission of the Fish and Game Commissi'Oner, or if he finds that such ani'mal or bird is destructive of private property or a danger to public safety. 137.
Any fur dealer, furrier, taxidermist 'Or tanner licensed under this Act shall upon demand being m·ade by any game guardian 'Or game 'Officer between the hours 'Of 8 :00 a.m. and 6 :00 p.m. f'Orthwith produce tQ such game guardian or game offi,cer the re'cQrds which he is required to keep pursuant to this Act and shall produce for the inspec tion of the game guardian 'Or game 'Offieer all skins 'Or pelts then in his 'possessiQn. 138.-
(1) In any case in which a game 'Officer finds any skins 'Or pelts or parts thereQf of any fur-bearing animal in the p'Ossession of any perSQn whatsoever in respect whereof any sum payable pursuant to this Act by way of tax has not been 'paid, the sum shall be paid forthwith 'by that person UPQn demand being made therefor by the game 'Officer.
(2) If default is made in the payment of any such sum S'O demanded, the gam,e officer may forthwith seize· any pelt or skin or part thereQf in respect 'Of which the sum so pay able has not been paid and take the same before a justice 'Of the peace; and the person in whose possessiQn the skins 'Or pelts have been fQund shall submit to the game 'Officer 'On demand any evidence that he has by way 'Of pr'Oof that the tax has been paid in respect 'Of any such skin or pelt or part thereof. EVIDENCE, ONUS, PRESUMPTIONS. 139. The fact 'Of any animal or bird being marked with a registered mark 'Or brand as 'provided for in
section 4 shall be prima facie evidence that the registered owner 'Of the mark or brand is the 'Owner and entitled t'O the possessi'On of the animal or bird so marked. 140. Any sh'Otgun, rifle, 'Or 'Other firearm carrying a loaded shell or 'cartridge in the breach shall be deemed to be IQaded within the meaning 'Of
section 10. 141. In any proceedings auth'Orized by this Act 'Or the RegulatiQns, and in any prosecution for any 'Offence against this Act 'Or the Regulati'Ons, the fact that any big game, game bird 'Or fur-hearing animal, or ,any part thereof is f'Ound in the Pr'Ovince, shall be prima facie evidence that the big game, game bird 'Or fur-bearing animal 'Or part thereof was killed 'Or taken within the Pr'Ovince.
34 142. Under ,circumstances or during a time in which it is unlawful to hunt any ,animal .or bird as herein provided, the possession of any part of such animal or bird shall be prima /a.cie evidence that the animal or bird was unlawfully hunted. 143.-
(1) Notwithstanding the provisions .of this Act and in so far only as is, necessary to implement the provisions .of The Alberta Natural Resources Act, it shall be lawful for any Indian to hunt and trap game for food. at all seasons of the year on all unoccupied Crown lands and on any other lands to which the Indian may have a right of a'ccess.
(2) In any case where a fur-bearing animal is taken by an Indian f.or food during the dosed season for such animal, the pelt shall be the property of the Crown and shall not be sold or otherwise dispos·ed of by the Indian, and shall be delivered by him f.orthwith on demand to a constable or game officer.
(3) In any case where a big game animal is taken by an Indian, the skin or hide .of such animal shall not be sold .or otherwise disposed of, ,except and until su~ch skin or hide has been manufactured into articles of wearing apparel by the Indian or a member of his immediate family, provided however, that n.othing herein contained shall be construed as forbidding any Indian from selling, trading or bartering, any such skin or hide to any Indian school engaged in the manufacture of wearing apparel or other Indian crafts. .
(4) For the purpose of this section, all lands set aside or designated as game preserves, provincial parks, bird sanc tuaries, registered trap-lines and fur rehabilitati.on blocks, shall be deemed to be occupied Crown lands and not lands to which an Indian has a right of access; pr.ovided, however, that nothing herein contained shall be construed as for bidding any Indian from hunting, taking or killing big game animals for food at all seasons of the year on lands set aside or designated as registered trap-lines. 144. Every person who is the .owner, or who has the management or ,control .of,- (
a) any premises which are used for the purpose of merchandising, .or storing, or preparing for market 'any commodity; (
b) any premises which are used for the purpose of preparing meats for public consumpti.on other than those of an hotel keeper .or a restaurant keeper who is the holder of a SUbsisting permit from the Min ister permitting him to prepare big game or game birds for the pers.onal use of a guest or boarder; (
c) any premises us·ed in connection with any logging operations, or in connection with any saw-mill, or tie, or constru.ction camp; (
d) any vehicle of any description ordinarily used in ,connecti.on with any of the businesses in this
section mentioned,-
35 shall, if any big game or game bird or any part thereof is found, in, on Qr about any such premises or any such vehicle as aforesaid, be prima. fa.cie deemed to be dealing in big game or game birds, as the case may be, in 'contravention of this Act. 145.-
(1) In any prosecution under this Act or the Regulations where it is alleged or charged that any game or any part thereof was unlawfully taken, killed, procured or kept, the onus shall be upon the person taking, killing, prQcuring or keeping the 'game or parts thereof to prove the time and locality of the killing and taking of the game or parts thereof and that it was lawfully taken, killed, procured or kept.
(2) The finding 'Of any poison or ,any poisonous sub stances or of any Isnare in the line of operation of any trapper or person engaged in trapping shall he prima facie evidence of the fact that the trapper or person was using the same in contravention of this A,ct and the Regulations.
(3) In any proceedings f'0r the reC'0very of any tax on the skins or pelts of any fur-bearing animals, the onus of proving that the amount payable by way of tax has been paid in respect 'Of such skins or pelts shall be upon the defendant.
(4) In any prosecution where
section 33 of this Act is raised as a defence, the onus 'Of proving the game was neces sary for food for himself and family shall be upon the defendant.
(5) In any prosecution or proceeding under this Act in whkh proof is required,- (
a) as to the issue, cancellation, suspension or reinstate ment of any license or permit; or (
b) as to the person who is the licensee or permittee named in a license or 'permit; or (
c) as to the appointment or authority of any game guardian or game officer; or (
d) as to the delivery, serving or mailing of any docu ment or the giving of any noti~e by any official of the Department; or (
e) as to whether 'Or not any tax has been received by the Department,- a -certificate signed by the Fish and Game Commissioner certifying as to the same shall be prima facie proof of the facts stated in the certificate and of the authority of the Fish and Game Commissioner without any proof of his appointment or signature.
(6) A certificate signed by the Fish and Game Commis sioner 'certifying that skins or pelts have been examined by a person or persons appointed pursuant to this Act and skilled in the handling, judging and classifying of .furs an~ have been classified as leg.al or illegal shall be pn1na facle proof of the facts stated in the certificate and of the auth ority of the Fish and Game Commissioner without any proof of his appointment or signature.
(7) The fact that the person charged in any inf'Ormation or complaint laid, made or given under this Act has the same name as the person who is referred to as being the license holder 'Or permit holder ,in any certificate issued pursuant to paragrap~ (
b) o~ subsection (5) of this se,ction shal~ con stitute pr~ma fac~e pro'Of that the 'Person so charged IS the holder 'Of the license or permit as the case may be.
(8) Where an offence against this Act or any Regulation is committed by a company, the officer or agent of the com pany in 'charge of the pre.mises in which the offence is com mitted shall prima facie be deemed to be a party to the offence so committed, and shall be personally liable to pen alties prescribed for the offence as a principal 'Offender; but nothing in this s,ection shall relieve the company or the person who actually committed the offence from liability therefor.
(9) Where an 'Offence against this Act or any Regulation is committed hy the agent of any person or company, such person or company shall prima facie be deemed to be a party to the offence so 'committed, and shall be liable to the penalties prescribed for the 'Offence as a principal offender, notwithstanding the fact that the offence was committed by a person who is, not proved t'O have committed it under or by the direction of such person or company, but nothing in this
section shall relieve the person actually committing the offence from liahility therefor. 146. This Act shall be re'ad and c'Onstrued with The Migratory Birds Convention Act and The Game Exports Act of the Statutes of Canada, and in the case of any repugnancy or conflict between any of the provisions of the said Acts and thi,s Act, the provisions 'Of the said Acts shall prevail. PROCEDURE, OFFENCES AND PENALTIES. 147.-
(1) All pros,ecutions f'Or offences against or for the recovery of penalties imposed under the authority of this Act and the Regulations hereunder and all proceedings for the imposition of punishment by fine, penalty or imprison ment for the infraction of any 'Of the provisions, of this Act or the Regulations shall be brought for hearing and deter mination before a justice of the peace 'Or police magistrate for the Province under the provisions and procedure of The
Summary Convictions Act and the provisions and procedure shall apply to all prosecutions and pr'Oceedings under this Act ~xcept as 'Otherwise spe;cially provided by the provisions of thIS Act . •
(2) The information or complaint shall be laid within one year after the c'Ommissi'On of the offence, except in the case of a prosecution for .omission to make any return required by this Act or the Regulations when it may be laid at any time after the offence is alleged to have been committed. (3). Notwithstanding anything to the contrary herein ~ontaI!1ed, any fine impo~ed upon a convi~tion for an offence InvolVIng more than a SIngle
article 'Of game may be com-
37 puted in respect 'Of each such
article as though each such
article had been the subject 'Of a separate complaint and the fine imp'Osed shall then be the sum payable in the aggregate as a result of such computation. 148.-
(1) The justi,ce 'Of the peace to whom any skins or pelts are delivered pursuant t'O
section 138 shall at the same time take an inf'Ormati'On under oath fr'Om the game officer setting 'Out the fact 'Of the seizure, its date and place, the name 'Of the pers'On from whose possession the skins and pelts were taken, and he shall thereupon notify the last men tioned person that he will at a certain time and place proceed toO inquire as to whether or not the amount payable by way 'Of tax in respect of the skins or pelts has been paid.
(2) The notice of inquiry to be given by the justice 'Of the peace shall be deemed t'O be duly served if left with any pers'On of the age 'Of over seventeen years who is in the apparent charge 'Of the premises upon which the seizure was made, and if there is n'O such person upon such premises, then by posting the same upon any conspicuous part 'Of the said premises. (,3) At the time and place appointed in the notice the justice of the peace shall upon the appearance before him of the person to whom the notice was addressed or upon being satisfied that the notice has been duly served, proceed to inquire in his absence as to whether or not the amount payable by way of tax in respe:ct 'Of the pelts and skins delivered to the justice has been paid, and unless he is S'O satisfied, he shall proceed to make an order for the paym,ent forthwith of the amount payable by way of tax in respect thereof and any sum .payable as a penalty for noOn-payment, together with costs 'Of seizure and 'Of the hearing, and that in default of payment the said pelts and skins shall be s'Old in such manner and upon such notice as the justice may pre scribe, and that the a'mount 'Of the taxes and costs, together with the amount of any other penalty impQsed for any other offence in respect of the said pelts and skins, be paid 'Out 'Of the proceeds of such sale and that the surplus, if any, shall be paid to the person in whose pos'session the said pelts and skins were at the time of seizure, or to the .owner 'Of the pelts and skins, or to the Minister, in the discretion of the justice. 149.-
(1) Where any game, pelts, skins, co~tainers, vehicles, aircraft, vessels, launches, bQats, canoe~, fIr~arms, am,muniti'On, decoys, trapS', snares, gear, ~aterlals, .Imple ments and appliances for shooting, huntIng, trappIng or snaring g,ame are under !seizure,- (
a) in case the Fish and Game Commissioner informs the justice that no prosecution wi1~ be brought, the justice shall either order the immedIate return of the things under seizure to the person in whose custody 'Or possession they were found,. or di,rect th~t they b~come the property of His MaJesty In ~h~ rIght of the Pr'Ovince to be disPQsed of as the MInIster may direct;
38 (
b) in case a violation of this Act or the Regulations has occurred and the owner is unknown, .the justice shall direct that all such things under seizure ,become the property of His Majesty in the ri,ght of the Province to be disposed 'Of as the Minister may direct; (
c) in the case of a convictio.n, the justice shall direct by his conviction or by a separate order that all such things under seizure beco.me the property of His Maj esty in the right of the Province to be disposed of as the Minister may direct: Provided that the justice may in any case direct the immediate disposal of any perishable game for the benefit of any charitable institution o.r needy persons.
(2) Where the Minister is satisfied that the seizure or confiscation of any
article or thing would work undue hard ship or injustice, he may 'grant relief against the forfeiture o.r confiscation and direct the return o.f the
article or thing to. the person from who.m it has been taken, upon such terms as he may deem just, pro.vided, however, that ,if the con viction be for an 'Offence against the provisions o.f
section 75 of this Act, no. relief against the forfeiture or confis~ation shall be made. 15.0. A contraventio.n of this Act or the Regulations or the terms or conditi'Ons of a permit o.r license shall constitute an offence against this Act. 151. Any guide or outfitter licensed pursuant to. the provisions of this A'ct who. acts as a guide or o.utfitter to. any person engaged in the hunting of any game who is not duly licensed to. hunt pursuant to this Act or the Regulations shall-be ,guilty o.f an offence and shall in addition to. any other penalty he may incur for so doing, forfeit his license as a guide or outfitter. 152.-
(1) Every person shall be guilty of an offence who obstructs or impedes,- (
a) any ga'me guardian from entering upon, freely passing over or searching any land, vehicle, boat, canoe, dugout, shed, tent, shelter, pack sack, ruck sack, or other sack or container, or the pack on any pack horse; (
b) any game officer from entering upon, freely passing over or searching any building or other place, and in particular, but without limiting the generality of the foregoing, any aircraft, vessel, launch, or railway car, including a ,caboose and a haggage or express car ,- which the game guardian or game officer desires to enter upon, pass over and search in the discharge of his duties, after the pro.duction by the game guardian or game officer of his badge or certificate of aPPo.intment to such person. .
(2) E~err person shall be guilty of an offence who, being In any bUIldIng or other premises or having charge thereof,
39 refuses or fails to' admit any ga,me guardian O'r other person authorized by warrant to search the building O'r O'ther premises or who O'bstructs or attempts to' O'bstruct the entry of the game guardian or other person O'r any search by any such game guardian or other persO'n. 1.53. Every persO'n who, when applying fO'r a license O'r permit, makes a false or misleading statement relating to' his na'me, age, occupatiO'n, natiO'nality, place of residence, place of business oOr as to any other infQrmation required by the issuer, shall be guilty of an O'ffence against this Act. 1.54. No non-resident shall apply fO'r 'Or obtain a resident license or permit to' hunt any game. 1.55.-
(1) Any license O'r permit issued under the auth O'rity O'f this Act and held 'by any perSQn convicted of an offence against any Qf the' prQvisiO'ns of this Act Qr the RegulatiQns shall uPoOn such cO'nvi:etiO'n be deemed to' be cancelled withQut further actiO'n or nO'tice.
(2) On conviction O'f any persO'n Qf an O'ffence against any of the proOvisiO'ns O'f this Act O'r the Regulations, the justice shall Qrder that any license O'r permit held by the persO'n sO' cO'nvicted be turned in to' him Qr to' a constable or a game Qfficer to be fQrwarded fO'rthwith to' the Depart ment.
(3) The Minister may authQrize the reinstatement of any such license O'r permit so cancelled upon such terms as he may deem just, prO'vided, hO'wever, that if the conviction be fO'r an offence against the prO'visiO'ns O'f sectiO'n 75 of this Act, Qr for an offence in respe:et of any beaver, nO' such reinstatement shall be made during the periO'd O'f one year immediately follQwing the date O'f cO'nviction.
(4) Any fur dealer, tanner or furrier, who,- (
a) commits a secO'nd O'ffence against the prO'visiO'ns O'f sectiO'n 75 of this Act; O'r (
b) cO'm'mits a s'ecO'nd Qffence in respect O'f any beaver shall 'On
summary coOnvi:ction, permanently fO'rfeit any such license soo held by him, or his right to' a further license.
(5) Except as prO'vided fO'r in subsection (4) O'f this section, eve'ry fur dealer, tanner, furrier, fur farmer, guide, outfitter, or ;hO'lder O'f a certificate O'f registratiO'n of a trap line shall on convictiO'n oOf a third O'ffence against any O'f the provisiO'ns O'f this A'ct or the Regulations, permanently forfeit any such license sO' held by him O'r his right to' a further li.cense. 1.56.
Where any trapper's license, or any license O'r per'mit fO'r the hunting of big game oOr game birds held by any 'person ,has been cancelled, it shall be unlawful fO'r that person to apply fQr nr in any way obtain a new license or permit for the hunting of big game, O'r game birds, O'r fur bearing animals, during the period of time f.or which such cancelled license O'r permit had been issued.
40 157. Any person whilst disqualified by virtue of
section 35 .of this Aet found with any firearm in his possessi.on else where than upon his 'Own premises .or who. is in possession of any game license issued. in his name 'shall be guilty 'Of an .offence and liable UP.on
summary convictiDn to a fine of not less than one hundred dQllars and not more than five hundred dollars, and in default 'Of payment, tOo impris.onment for a term .of not less than thirty days and nQt more than ninety days. 158. Every perSQn who .obliterates, alters, imitates, or duplicates any stamp, tag, seal, brand, mark or signature whieh is placed .on any pelt 'Or skin pu~suant to this Aet and the Regulations shall be guilty of an Dffenee and Hable on
summary 'cDnviction ;to a penalty of nDt less than ten dQllars and nDt more than twenty dollars f'Or eaeh pelt or skin in respect of which the .offence has been committed and in default of payment t'O imprisQnment fDr a term 'Of not more than three mQnths. 159. Any game guardian or game officer who imprQperly uses any .of the PQwers :CDnferred on him by this Act shall be guilty of an offeneeand liable on
summary cQnviction to a penalty 'Of nOot less than twenty-five dollars and noOt more than two hundred dollars, and in default of payment to imprisDnment f.or a term of n'Ot more than six months, pro vided that no prosecution under this 'seetioOn shall be insti tuted without written authQrity from the Minister. 160. Any person who wears a game guardian's badge or carries a game guardian's or a game officer'sl certificate Dr impersDnates a ga,me guardian or game 'Officer or in any way exercises or attemp.ts to exercise any Df the powers of a game guardian o.r game officer without being specifically authorized tOo do S.o shall be guilty of an offence and liable on
summary cDnviotion to a penalty 'Of not less than twenty-five dDllars and not more than two hundred do.llars, and in default of payment to imprisonment for a term 'Of nDt m'Ore than six months. 161. Every person cQnvicted of an 'Offence against this Act or the Regulations shall if the offence is in respect of any beaver for which nQ specific penalty is prDvided be liable to a penalty of nDt less than ten dollars and not more than twenty dollars fQr each pelt or skin in respect of which the offence has been :committed and in default 'Of payment tOo imprisQnment for a term not exceeding three months. 162.
Any fur dealer, tanner or furrier who contravenes any of the provisions of seetion 75 .of this Act shall on
summary conviction be liable to a penalty of not less than tWQ hundred dollars and not more than one thousand dollars, and in default of payment to imprisonment for a term not exceeding six mQnths.
41 163. Any person whQ contravenes any .of the provisions contained in sections 70, 80, 118, 119, 120, 144, 152 or 154 of thi.s Act shall on
summary conviction be liable to a penalty of not less than twenty-five dollars and not more than two hundred dollars, and in default of payment toO imprisQnment for a ter!m not exceeding three months. . 164. Any person who -contravenes any provision of this Act or the RegulatiQns for the infraction of which nQ specific penalty is prQvided shall be guilty of an offence and liable on
summary conviction to a penalty of not moOre than two hundred dollars, and in default 'Of payment, to imprisonment for a term not exceeding three months. 165. Any person coOnvicted of a third or subsequent .offence against any of the provisions of this Act or the Regulations for which no specific penalty is provided shall .on
summary conviction be liable to a penalty .of not less than fifty dollars and not more than four hundred dollars, and in default of paY'ment, to imprisonment for a term not exceeding three months. 166. Any justice shall have power to order costs to be paid in addition to the amount of any penalty imposed pursuant to this Act and such costs when so .ordered to be paid shall -be 'CoOnsidered part of the penalty. 167. The Game Act, being
chapter 70 of the Revised Statutes of Alberta, 194-2" is hereby repealed. 168. This Act shall come into force on the day upon whi:eh it is assented to.
SCHEDULE (
a) Saskatoon Island Game Preserve, described as follows: Firstly-All thQseparcels or tracts .of land, situate, ly~ng, and being in Township 72, Range 7, w~st. of the SIxth Meridian, in the Province of Alberta, DomInIon of Canada, and being composed .of: All those portions of Legal Subdivisions 4, 5 and 12, which are not covered by any of the waters .of Saskatoon Lake, and the we'at-half of the west-half of Legal Subdivision 6 all in SectiQn 6 of the said Township as shown upon a map .or plan of survey of the ,said ToOwnship approved and con firmed at Ottawa on the 31st day of August, 1916, by Edouard Deville, 'Surveyor General of Dominion Lands, containing 55 acres (more or less) ;
42 Secondly-All those portions, or tracts of land, sitll:ate, lying and being in Township 72, Range 8, west of the SIxth Meridian, and in the Provin;ee of Alberta, Dominion of Canada, and being composed, of: The whole of Legal, Subdivisions 7 and 8, and all those portions of Legal Subdivisions 1, 2, 3, 5, 6, 9, 10, 11 and 1~, which are not covered by any of the waters of the saId Saskatoon Lake all in
Section 1 of the said Township as shown upon a map or plan of survey of the said Township approved and confirmed at Ottawa, on the 15th day of June, 1915, by Edouard Deville, Surveyor General of Dominion Lands" containing 203.40 acres (more or less)- the lands herein described containing by admeasurement 258.40 acres (more or less) ; Together with the original road 'allowance which lies between the firsrtlyand secondly described portions. (
b) Calgary Golf and Country Club Game Preserve de scribed as follows: Firstly-The east half of Se;etion 32, all of
Section 29, except Legal Subdivision 8, part of the north half of
Section 20, Legal Subdivisions 1 to 13 (inclusive) in S~ction 30, the east half of Legal Subdivisions 3 and 6, in
Section 32, that part of the north-west quarter of
Section 33 lying south and east of the Elbow River, that part of the north-east quarter .of
Section 32 lying south and east of the Elbow River, all in Township 23, Range 1, west of the Fifth Meridian; Block A, Plan 9500 D.V., Calgary, part of the north-west qua,rter of said
Section 33, Township 23, Range 1, west of the Fifth Meridian, lying north of the Elbow River, and Blocks A and B, Plan 270 A.P., Rockcliffe, and that part of the south west quarter of
Section 33, Township 23, Range 1, west of the Fifth Meridian; lying west of the Elbow River. Secondly-All road allowances lying within the above described 'area as well as the area within the drainage of the Elbow River which is not included in the deeded property of the petitioners. (
c) White Mud Creek Game Preserve comprising that part of the Province contained within the following bound aries: Commencing at the south-east corner of
Section 8, in Township 52, Range 24, west of the Fourth Meridian, thence westerly along the south boundaries of Sections 8 and 7, 12, 11 and 10, Ranges '2,4 'and 25, to the centre of the North Saskatchewan River, thence north-easterly following the sinu~ities of the said river to the east boundary of
Section 23, Township 52, Range 25, west of the Fourth Meridian, thence south along the easterly boundary of the said
Section 23, to the south-east corner thereof, thence easterly along the south boundaries of Se'ctions 24, 19 and 20, Township 52., Ranges 25 and 24, to the south-east corner of the south-west quarter of said
Section 20, thence south along the north and south quarter line in
Section 17 to the north boundary of
Section 8, thence easterly along the north boundary of said
Section 8 to the north-east ,corner thereof, thence south along the easterly b.oundary .of said SectiQn 8 to the point .of CQm mencement. (
d) Greene Valley Game Preserve comprising that part of the PrQvince contained within the following bQundaries : Commencing at the intersection of the easterly limits' of the T.own of Peace River with the westerly edge of the valley of the NQrth Heart River in the sQuth-east quarter of SectiQn 29,. TQwnsh~p 83, Range 21, west of the Fifth Meridian, whIch edge IS shown to be about 600 feet deep and is shQwn by a dotted line on the plan of survey approved and con firmed at Ottawa, by Edouard Deville, Survey.or General, on the 29th day of August, 1916; thence in a general s.outherly directiQn through the south-east quarter .of SectiQn 29, the east half .of
Section 20, the south-west quarter of Secti.on 21, the west half of 8ection 16, the west half .of Secti.on 9, the north-west quarler of SectiQn 4 and the east half .of SectiQn 5 in the said Township 83, Range 21, west of the Fifth Meridian, and continuing s.outherly into Township 82, Range 21, west of the Fifth Meridian, along the edge .of the said valley which is also shown as a dotted line upon the plan of survey .of the Township, apprQved and confirmed at Ottawa, by Edouard Deville, Surveyor General .of Dominion Lands, .on the 29th day .of August, 1916, through the east halves of Sections 31, 30, 19 and 18 to where it intersects for the first time the west boundary .of the south-east quarter .of Secti.on 18; thence southerly along the said west b.oundary to the inter-section with the edge of the said valley; thence continuing in a north-easterly, south-westerly and generally south-easterly directiQn thr.ough the south-east quarter of SectiQn 18, the east half of Secti.on 7, the SQuth half of SectiQn 8, the north-east quarter of
Section 5, the west half and south-east quarter of
Section 4 to where it intersects the south boundary of the said s.outh-east quarter of
Section 4; thence easterly and along the southerly boundaries of Sec tions 4, 3 and 2, tQ where it intersects the easterly edge .of the valley .of the North Heart River; thence in a generally north westerly direction along the said edge of the valley through the 'SQuth-west quarter .of
Section 2, the east half and nor~h west quarter of
Section 3, the s.outh-west quarter of SectIQn 10, the east half and nQrth-west quarter .of
Section 9, the south-west quarter of
Section 16, the east half and north west quarter .of
Section 17, and continuing generally in a northerly direction al.ong the edge .of the valley through the wes,t half of
Section 20. the south-west quarter and east half of
Section 29 the east half .of Se'ction 32, all in the said Township 82,' Range 21, west of the Fifth Meridian, and returning a'gain into the said Township 83, Ran.ge 2~, west of the Fifth Meridian, in a generally nQrtherly dIrectIOn along the said. edge .of the valley through the south-east quarter of
Section 4, the west half of Se,ction 3 and the west half of
Section 10 to the inter-sectiQn with the north boundary .of the north-west quarter of the said Se'ction 10; thence easterly and along the said north boundary to where it intersect~ the edge .of the valley; thence in a generally sQuth-easterly dIrec-
44 tion al.ong the said edge of the valley through the west half and south-east quarter of Secti.on 10 and the south-west quarter of
Section 11 to the intersection with the south boundary .of Secti.on 11 ; thence easterly al.ong the said S.outh boundary of Secti.on 11 to the intersection with the east boundary of the said!
Section 11; thence n.ortherly along the said east boundaries of
Section 11 and the south-east quarter of
Section 14 to the intersection with the southerly boundary of the surveyed roadway, which leads into the Town of Peace River; thence in a generally north-westerly direction along the said southerly boundary to the intersection with the production northerly of the east boundary .of the town limits of Peace River; thence southerly along the said production to the point of commencement. (
e) Grizzly Bear Game Preserve described as follows: All of Secti.ons 25, 26, 27, 31, 32, 33, 34, 35, 36 and the north half of