Second

Session, 50th General Assembly

Charles III, 2022

BILL 10

AN ACT TO AMEND THE

WILD LIFE ACT

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE DERRICK

BRAGG

Minister of

Fisheries, Forestry and Agriculture

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Wild Life Act to

amend the definition of

"resident" to include members of the Canadian Forces and the Royal

Canadian Mounted Police who meet the criteria prescribed in the regulations;

prescribe the documentation to

be provided by a person in possession of moose or caribou meat that has been

donated to a registered food bank;

authorize a registered food

bank to designate persons to transport moose or caribou meat that has been

donated to a registered food bank;

prescribe the documentation to

be provided by a person in possession of moose or caribou meat that was received

from a registered food bank;

prescribe the documentation to

be retained by a registered food bank relating to moose or caribou meat that

was donated to and distributed by the registered food bank;

require a registered food bank

to retain and dispose of documentation in a secure manner;

require persons to provide

required documentation where requested by a wild life officer;

add additional regulation

making authority; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE WILD LIFE ACT

Analysis

S.2 Amdt.

Definitions

S.3 Amdt.

Students at institutions outside the province

S.3.1 Amdt.

Labrador Inuit rights

S.4 Amdt.

Terms defined

S.5 Amdt.

Powers of minister

S.6 Amdt.

Advisory boards

S.7 Amdt.

Regulations

S.8 Amdt.

Appointment of officers

S.9 Amdt.

Oath or affirmation

S.10 Amdt.

Licences

S.11 Amdt.

Evidence

S.11.1 Added

Evidence re: meat donated to registered food banks

S.13 Amdt.

S.14 Amdt.

Arrest without warrant

S.15 Amdt.

Seizure and confiscation

S.16 Amdt.

Seizure and disposition

S.17 Amdt.

Application by person claiming interest

S.18 Amdt.

Offence and penalty

S.19 Amdt.

Personating wild life officer

S.22 Amdt.

Service of summons

S.27 Amdt.

Penalty re: moose

S.27.1 Amdt.

Penalty re: fish

S.29 Amdt.

Prohibition against holding licence

S.29.1 Amdt.

Additional penalty

S.30 Amdt.

Powers and protection of wild life officers

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-8

as amended

(1) Section 2 of the Wild Life Act is amended by adding immediately after paragraph (

g) the following:

(g.1) "licensed butcher" means a person who

holds a valid licence under the Food

Premises Act to operate a food premises for the processing of meat;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (

k) the following:

(k.1) "registered food bank" means a food

bank that is registered with the Department of Digital Government and Service

Newfoundland and Labrador;

(3) Paragraph 2(1) of the Act is repealed and the

following substituted:

(l) "resident" means

(

i) a Canadian citizen who has lived in the

province for a period of 6 consecutive months immediately preceding the

citizens application for a licence or permit under the regulations,

(ii) a person, other than

a Canadian citizen, who has lived in the province for a period of 12

consecutive months immediately preceding the persons application for a licence

or permit under the regulations, and

(iii) a member of the Canadian Forces or the Royal

Canadian Mounted Police who meets the criteria prescribed in the regulations.

(4) Subparagraph 2(r)(iii) of the Act is amended

by deleting the words his or her and substituting the words the peace

officers.

Section 3 of the Act is amended by deleting the

words his or her.

3. Subsection 3.1(2) of the Act is amended by

deleting the words he or she and substituting the words the minister.

(1) Section 4 of the Act is amended by deleting

the words his or her wherever they appear and substituting the words the

persons.

(2) Subparagraph 4(a)(ii) of the Act is amended by

deleting the words himself or herself and substituting the words the person.

5. Subsection 5(2) of the Act is amended by

deleting the words he or she and substituting the words the minister.

Section 6 of the Act is amended by deleting the

words he or she and substituting the words the minister.

7. (1) Subsection 7(1) of the Act is amended by

deleting the words he or she wherever they appear and substituting the words

the minister.

(2) Subsection 7(1) of the Act is amended by

adding immediately after paragraph (

c) the following:

(c.1) to provide for the issue, suspension and

cancellation of licences or permits to receive, distribute or sell the meat of wild

life;

(3) Subsection 7(1) of the Act is amended by

adding immediately after paragraph (

o) the following:

(o.1) to prescribe criteria for the purposes of

subparagraph 2(l)(iii);

(4) Paragraph 7(1)(

v) of the Act is repealed and

the following substituted:

(

v) to prohibit or regulate the possession, sale,

purchase or donation of or other dealings in wild life or a particular species

or class of wild life, whether generally or during periods or in circumstances

to be specified in the regulations;

8. Subsection 8(6) of the Act is amended by

deleting the words he or she and substituting the words the minister.

9. Subsection 9(2) of the Act is amended by

deleting the words his or her and substituting the words the peace

officers.

Section 10 of the Act is amended by deleting

the words he or she wherever they appear and substituting the words the

minister.

(1) Section 11 of the Act is amended by deleting

the words "the meat of moose or caribou" wherever they appear and

substituting the words "moose or caribou meat".

(2) Subsection 11(1) of the Act is amended by

deleting the words his or her and substituting the words the persons.

12. The Act is amended by adding immediately after

section 11 the following:

Evidence re: meat

donated to registered food banks

11.1

(1) Notwithstanding

subsection 11(4), where a person is in possession of moose or caribou meat that

has been donated to a registered food bank, the written proof referred to in

subsection 11(3) that the moose or caribou meat was obtained from a licence

holder shall contain

(

a) the name of the registered food bank that has

received or will be receiving the meat;

(

b) the approximate amount of meat donated by the

licence holder;

(

c) the date of the donation;

(

d) the name of the licenced butcher that has

prepared or will be preparing the meat;

(

e) the licence number of the licence holder who

donated the meat; and

(

f) the signature of the licence holder who

donated the meat.

(2) A registered food bank may designate, in

writing, one or more persons to transport moose or caribou meat that has been

donated to the registered food bank to any of the following:

(

a) a licensed butcher that will prepare the meat;

(

b) the registered food bank; and

(

c) a person receiving the meat from the

registered food bank.

(3) Where the person referred to in subsection

(1) is transporting the moose or caribou meat, the written proof required for the

purposes of subsection 11(3) shall also include the written designation prepared

in accordance with subsection (2).

(4) Notwithstanding subsection 11(4) and

subsection (1), where the person in possession of moose or caribou meat received

the meat from a registered food bank, the written proof referred to in

subsection 11(3) that the moose or caribou meat was obtained from a licence

holder shall contain

(

a) the person's name;

(

b) the approximate amount of meat received from

the registered food bank;

(

c) the date of receipt of the meat; and

(

d) the name of the registered food bank that distributed the meat.

(5) A registered food bank that receives moose or

caribou meat by donation from a licence holder shall retain copies of the

following for a period of 3 years:

(

a) the written proof referred to in subsection

(1) for all meat that it receives;

(

b) all written designations prepared in

accordance with subsection (2); and

(

c) the written proof referred to in subsection

(4) for all meat that it distributes.

(6) A registered food bank shall ensure that the

documentation referred to in subsection (5) is retained in a secure manner and may

only be accessed by persons authorized by the registered food bank.

(7) Upon the expiry of the retention period

referred to in subsection (5), a registered food bank shall ensure that the

documentation is destroyed in a secure manner.

(8) A person referred to in this

section shall provide

the required documentation upon the request of a wild life officer.

13. Subsection 13(4) of the Act is amended by

deleting the words his or her and substituting the words the wild life

officers.

Section 14 of the Act is amended by deleting

the words he or she wherever they appear and substituting the words the wild

life officer.

15. (1) Subsection 15(5.1) of the Act is amended by

deleting the words his or her and substituting the words the ministers.

(2) Subsection 15(13.1) of the Act is amended by

deleting the words him or her and substituting the words the person.

Section 16 of the Act is amended by deleting

the words he or she and substituting the words the wild life officer.

17. (1) Subsection 17(4) of the Act is amended by

deleting the words his or her and substituting the words the applicants.

(2) Paragraph 17(4)(

c) of the Act is amended by

(

a) deleting the words he or she and

substituting the words the applicant; and

(

b) deleting the words himself or herself and

substituting the words the applicant.

(3) Subsection 17(6) of the Act is repealed and

the following substituted:

(6) The minister shall, upon application made to

the minister by a person who has obtained a final order under this

section

(

a) except in the case

of wild life or other perishable thing disposed of under subsection 15(3) or

wild life or other perishable thing redelivered under subsection 15(9), direct

that the forfeited item to which the interest of the applicant relates be

handed over to the applicant; or

(

b) direct that an

amount equal to the value of the interest of the applicant, as declared in the

order, or a lesser amount that the Lieutenant-Governor in Council may direct,

be paid to the applicant.

(4) Subsection 17(9) of the Act is amended by

deleting the words his or her and substituting the Provincial Court

judges.

Section 18 of the Act is amended by deleting

the words he or she and substituting the words the wild life officer,

licensed guide or warden.

19. (1) Paragraph 19(1)(

a) of the Act is amended by

deleting the words himself or herself.

(2) Paragraph 19(1)(

b) of the Act is amended by

deleting the words he or she and substituting the words the person.

20. (1) Subsection 22(1) of the Act is amended by

deleting the words he or she and substituting the words the wild life

officer.

(2) Paragraph 22(2)(

a) of the Act is amended by

deleting the words his or her and substituting the words the persons.

Section 27 of the Act is amended by deleting

the words him or her wherever they appear and substituting the words the

person.

Section 27.1 of the Act is amended by deleting

the words him or her wherever they appear and substituting the words the

person.

23. Subsection 29(2) of the Act is amended by

(

a) deleting the words him or her and

substituting the words the person; and

(

b) deleting the words he or she and

substituting the words the person.

(1) Subsection 29.1(1) of the Act is amended by

deleting the words he or she may impose and substituting the words may be

imposed.

(2) Subsection 29.1(2) of the Act is amended by

(

a) deleting the words his or her and

substituting the words the persons; and

(

b) deleting the words he or she may impose and

substituting the words may be imposed.

Section 30 of the Act is amended by deleting

the words his or her and substituting the words the wild life officers.

Commencement

26. This

Act, or a section, subsection, paragraph or subparagraph of this Act, comes

into force on a day or days to be proclaimed by the Lieutenant-Governor in

Council.

King's Printer