General Wildlife Regulations

General Wildlife Regulations

made under Section 113 of the

Wildlife Act

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

O.I.C. 87-1181 (September 29, 1987), N.S. Reg. 205/87

as amended up to O.I.C. 2011-110 (March 25, 2011, effective April 1, 2011), N.S. Reg. 143/2011

Citation

1 These regulations may be cited as the General Wildlife Regulations.

Definitions

2 (1) In these regulations,

Section 2 renumbered 2(1) and amended: O.I.C. 2005-237, N.S. Reg. 119/2005.

(a) “Act” means the Wildlife Act;

Clause 2(1)(a) amended: O.I.C. 92-704, N.S. Reg. 145/92.

(aa) “base licence “ means a licence consisting of a licence card issued by the Department and a current wildlife habitat stamp;

Clause 2(1)(aa) added: O.I.C. 1999-273, N.S. Reg. 60/99.

(b) “Captive Wildlife Permit” means a permit issued pursuant to these regulations authorizing the holder thereof to keep wildlife in captivity;

(ba) “crossbow” means a crossbow as defined in the Firearm and Bow Regulations made under the Act;

Clause 2(1)(ba) added: O.I.C. 2008-465, N.S. Reg 383/2008.

Clause 2(1)(c) amended: O.I.C. 92-704, N.S. Reg. 145/92.

(d) “immediate supervision” means supervision of another person by keeping that other person in sight at all times during the supervision;

Clause 2(1)(d) added: O.I.C. 93-792, N.S. Reg. 137/93.

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

Original clause 2(1)(d) amended: O.I.C. 92-704, N.S. Reg. 145/92; relettered (e): O.I.C. 93-792, N.S. Reg. 137/93.

(f) “nuisance wildlife” means any wildlife found doing, or in a position where it may cause, actual damage to a growing crop, an orchard, livestock or private property;

(g) “nuisance wildlife operator” means a person who, for compensation or reward received or contracted for, traps, kills, frightens away, discourages or excludes nuisance wildlife;

(h) “Nuisance Wildlife Operator’s Licence” means a licence issued pursuant to these regulations conferring the privilege on the holder thereof of engaging in the business of a nuisance wildlife operator;

Clauses 2(1)(f), (g) and (h) added: O.I.C. 93-792, N.S. Reg. 137/93.

(i) “Nuisance Wildlife Permit” means a permit issued pursuant to Section 28 of the Act and these regulations;

Clause 2(1)(e) relettered 2(1)(i): O.I.C. 93-792, N.S. Reg. 137/93.

(j) “seal” means an individually identifiable permanent locking device issued by the Department with respect to the export or sale of bear gallbladders;

Clause 2(1)(j) added: O.I.C. 96-536, N.S. Reg. 125/96.

(k) “sealed” means [that] a seal that has been permanently attached to a bear gallbladder;

Clause 2(1)(k) added: O.I.C. 96-536, N.S. Reg. 125/96.

(l) “wildlife habitat stamp” means a stamp issued by the Department that, when completed in accordance with the Act and affixed to a licence card, constitutes a base licence;

Clause 2(1)(l) added: O.I.C. 1999-273, N.S. Reg. 60/99.

(m) “Wildlife Resources Card” means a card issued to an individual by the Department that contains information unique to the holder, including a unique numeric identifier, and that is valid.

Clause 2(1)(m) added: O.I.C. 2006-365, N.S. Reg. 153/2006.

(2) Except when a dog is being trained or used to hunt wildlife as permitted by the Act and the regulations made under the Act, “unaccompanied” in clause 41(1)(b) of the Act means

(a) not under the immediate control of the owner or handler; and

(b) not within sight of the owner or handler.

Subsection 2(2) added: O.I.C. 2005-237, N.S. Reg. 119/2005.

Other harvestable wildlife

3 (1) For purposes of referring to the wildlife described in subsections (2) and (3) in these and other regulations made pursuant to the Act, such wildlife may be identified as “other harvestable wildlife”.

(2) The following other harvestable wildlife may be hunted in accordance with these regulations at the following times of the year:

Species Open Season

(a) coyote January 1 to December 31

(b) red squirrel November 1 to February 28

Clause 3(2)(d) repealed: O.I.C. 2008-465, N.S. Reg. 383/2008.

(e) bullfrog July 15 to September 30

(3) The following other harvestable wildlife may be hunted in accordance with these regulations at any time of the year by the owner or occupier of the property or agent of the owner or occupier for the purpose of preventing damage to property:

(a) mice and rats;

(b) voles, moles and shrews other than long-tailed shrews, Gaspe shrews and maritime shrews;

Clause 3(3)(b) amended: O.I.C. 2010-429, N.S. Reg. 89/2010.

(d) woodchuck (groundhog);

(e) red squirrel and chipmunk;

(f) coyote;

(g) skunk;

(h) rock dove (common pigeon);

(i) crow;

(j) English sparrow;

(k) starling.

(4) Except as otherwise provided in the Act or regulations made pursuant to the Act, it shall be an offence for any person to hunt other harvestable wildlife other than as prescribed in this Section.

(5) No person shall hunt other harvestable wildlife unless the person is the holder of a valid base licence.

(6) Subsection (5) does not apply to an owner or occupier or an agent of an owner or occupier hunting other harvestable wildlife in accordance with subsection (3).

(7) Any person 18 years of age or over may hunt other harvestable wildlife in accordance with these regulations with a firearm or bow if the person has been certified to hunt with a firearm or bow under the Hunter Education, Safety and Training Regulations made under the Act.

Subsection 3(7) amended: O.I.C. 2006-365, N.S. Reg. 153/2006.

(8) Any person who is not less than 12 years of age or more than 17 years of age may hunt other harvestable wildlife in accordance with these regulations with a firearm or bow if

Subsection 3(8) amended: O.I.C. 2006-365, N.S. Reg. 153/2006.

(a) the person has been certified to hunt with a firearm or bow under the Hunter Education, Safety and Training Regulations made under the Act;

Clause 3(8)(a) replaced: O.I.C. 2006-365, N.S. Reg. 153/2006.

(b) the person possesses a minor’s permit issued to the person pursuant to the Criminal Code if hunting is done with a firearm; [and]

(c) the person is under the immediate supervision of their parent or guardian or any other responsible person 18 years of age or over who has been certified under the Hunter Education, Safety and Training Regulations made under the Act to hunt with a firearm or bow, as applicable.

Clause 3(8)(c) replaced: O.I.C. 2006-365, N.S. Reg. 153/2006.

Clause 3(8)(d) repealed: O.I.C. 2008-465, N.S. Reg. 383/2008.

Section 3 replaced: O.I.C. 1999-273, N.S. Reg. 60/99.

Base licence

3A (1) A base licence expires on July 31 next following the date the base licence was issued.

Subsection 3A(1) amended: O.I.C. 2008-465, N.S. Reg. 383/2008.

(2) The fee for a wildlife habitat stamp is $3.15.

Subsection 3A(2) replaced: O.I.C. 2000-216, N.S. Reg. 64/2000; amended: O.I.C. 2005-237, N.S. Reg. 119/2005; O.I.C. 2011-110, N.S. Reg. 143/2011.

Section 3A added: O.I.C. 1999-273, N.S. Reg. 60/99.

Replacement licence

3B [(1)] On receiving proof from an applicant that a licence issued under the Act or regulations is lost, destroyed or needs to be replaced for any reason, the Department may issue a replacement licence for an amount that is the lesser of the following:

(a) $5.00;

(b) the fee charged for the original licence.

Subsection 3B(1) replaced: O.I.C. 2008-465, N.S. Reg. 383/2008.

(2) A replacement licence issued under subsection (1) shall have the same force and effect as if it were the original licence.

(3) An application for a replacement licence shall be on a form prescribed by the Minister.

Section 3B added: O.I.C. 1999-273, N.S. Reg. 60/99.

Wildlife Resources Card

3C (1) A resident must hold a Wildlife Resources Card before that person may be issued any of the following:

(a) a base licence;

(b) a Bear Hunting Licence or Resident Bear Snaring Licence under the Bear Hunting Regulations made under the Act;

(d) a Dog Field Trial Permit, Dog Training Permit or Raccoon Dog Night Hunting Permit issued under the Dog Hunting and Training Regulations made under the Act;

(e) a Weapon Discharge Permit issued under the Firearm and Bow Regulations made under the Act;

(f) a Fur Buyer Licence, Hide Dealer Licence or Taxidermist Licence issued under the Fur Buyers, Hide Dealers and Taxidermists Regulations made under the Act;

(g) a Fur Harvester’s Licence issued under the Fur Harvesting Regulations made under the Act;

(h) a Nuisance Wildlife Operator’s Licence, Falconry Permit, or Falconry Breeding Permit issued under these regulations;

(i) a registered guide licence or special permit to guide issued under the Guide Regulations made under the Act;

(j) a companion moose hunting stamp or a moose hunting licence issued under the Moose Hunting Regulations made under the Act;

(k) a pheasant shooting preserve operator’s licence issued under the Pheasant Shooting Preserve Regulations made under the Act;

(l) a Small Game Hunting Licence issued under the Small Game Hunting Regulations made under the Act.

(1A) A non-resident must hold a Wildlife Resources Card before they may be issued any of the following:

(a) a Fur Buyer Licence, Hide Dealer Licence or Taxidermist Licence issued under the Fur Buyers, Hide Dealers and Taxidermists Regulations made under the Act;

(b) a Nuisance Wildlife Operator’s Licence, Falconry Permit or Falconry Breeding Permit issued under these regulations;

(d) a pheasant shooting preserve operator’s licence issued under the Pheasant Shooting Preserve Regulations made under the Act.

Subsection 3C(1A) added: O.I.C. 2008-465, N.S. Reg. 383/2008.

(2) Except as provided in subsection (3), the fee to obtain, renew or replace a Wildlife Resources Card is $7.14 plus applicable taxes.

Subsection 3C(2) amended: O.I.C. 2011-110, N.S. Reg. 143/2011.

(3) A person who held a valid Firearm Hunting Certificate, Bowhunter Hunting Certificate or Fur Harvester’s Certificate on December 31, 2005, may obtain a Wildlife Resources Card free of charge before January 1, 2007.

(4) A person who holds a Wildlife Resources Card must

(a) not lend their Wildlife Resources Card to another person or permit another person to have or use their Wildlife Resources Card;

(b) carry their Wildlife Resources Card while engaged in any licensed or permitted activities for which a Wildlife Resources Card is required; and

Clause 3C(4)(b) amended: O.I.C. 2008-465, N.S. Reg. 383/2008.

(c) produce their Wildlife Resources Card while engaged in any licensed or permitted activities for which a Wildlife Resources Card is required, if requested to do so by a conservation officer.

Clause 3C(4)(c) amended: O.I.C. 2008-465, N.S. Reg. 383/2008.

Subsection 3C(4) amended: O.I.C. 2008-465, N.S. Reg. 383/2008.

(5) Except as provided in the Act and regulations, no person shall possess a firearm, bow, crossbow, trap or snare in a wildlife habitat unless the person is also carrying their Wildlife Resources Card.

Subsection 3C(5) amended: O.I.C. 2008-465, N.S. Reg. 383/2008

Section 3C added: O.I.C. 2006-365, N.S. Reg. 153/2006.

Conservation officers

4 The affirmation or oath required for a conservation officer by subsection 9(1) of the Act must be

(a) in a form approved by the Minister; and

(b) taken in writing before a commissioner of oaths or notary public and sent to the Minister.

Section 4 replaced: O.I.C. 2005-237, N.S. Reg. 119/2005.

4A Subject to such terms and conditions as the Minister considers appropriate, the Minister may, in writing, exempt a conservation officer from any provision of the Act or its regulations while the officer is carrying out investigations and other enforcement activities under the Act or its regulations.

Section 4A added: O.I.C. 2007-232, N.S. Reg. 232/2007.

Nuisance control

5 (1) Pursuant to Section 28 of the Act, where wildlife is found doing, or is in a position where it may cause, actual damage to a growing crop, an orchard, livestock or private property the Minister may issue a Nuisance Wildlife Permit to the owner or occupier of the property authorizing the owner or occupier or their agents to hunt, trap or kill wildlife on lands owned or occupied by the person.

Subsection 5(1) amended: O.I.C. 89-800, N.S. Reg. 136/89.

(2) The Nuisance Wildlife Permit shall be in a form prescribed by the Department and may contain special terms and conditions.

(3) It shall be an offence for a person to contravene the terms and conditions contained in a Nuisance Wildlife Permit.

(4) The holder of a Nuisance Wildlife Permit shall only hunt, trap and kill wildlife specified in the Permit.

(5) The Minister may issue a special permit to a person

(a) to capture or kill any wildlife that is wounded, diseased, a danger to the public or a public nuisance; or

(b) to remove or destroy the den, house, nest, dam or usual place of habitation of any wildlife that is causing or is likely to cause damage to property.

(6) Where raccoons or other harvestable wildlife are a nuisance, they may be captured in a box trap without a permit provided that any raccoons captured in such manner shall be released without delay either on Crown lands, or with the consent of the owner, on privately owned lands.

Subsection 5(6) added: O.I.C. 91-832, N.S. Reg. 161/91; amended: O.I.C. 94-685, N.S. Reg. 142/94.

(7) Despite subsection (1) of Section 3 and subject to subsections (1) to (6) inclusive of this regulation [Section], no person shall act as a nuisance wildlife operator unless the person is the holder of a Nuisance Wildlife Operator’s Licence issued pursuant to these regulations.

Subsection 5(7) added: O.I.C. 93-792, N.S. Reg. 137/93.

(8) A Nuisance Wildlife Operator’s Licence is not required

(a) for the trapping, killing, frightening away, discouraging or excluding of mice, rats, voles and shrews;

(b) by the holder of a Falconry Permit who uses a falcon to scare other wildlife; or

Subsection 5(8) added: O.I.C. 93-792, N.S. Reg. 137/93; replaced: O.I.C. 1999-365, N.S. Reg. 76/99.

(9) The Minister, or an employee of the Department authorized by the Minister, may issue a Nuisance Wildlife Operator’s Licence to any person who

(a) is 19 years of age or over;

(b) is certified as a qualified fur harvester under the Hunter Education, Safety and Training Regulations made under the Act; and

Clause 5(9)(b) replaced: O.I.C. 2006-365, N.S. Reg. 153/2006.

(c) satisfies the Minister, or an employee of the Department authorized by the Minister, that the person is competent and knowledgeable respecting regulations and procedures prescribed by the Department for the handling of nuisance wildlife.

Clause 5(9)(d) repealed: O.I.C. 2008-465, N.S. Reg. 383/2008.

Subsection 5(9) added: O.I.C. 93-792, N.S. Reg. 137/93.

(10) A Nuisance Wildlife Operator’s Licence expires annually on March 31 and is renewable on or before the expiry date if the applicant for renewal has complied with all requirements of the Act and regulations respecting nuisance wildlife while holding a Nuisance Wildlife Operator’s Licence.

Subsection 5(10) replaced: O.I.C. 2008-465, N.S. Reg. 383/2008.

(11) (a) The holder of a Nuisance Wildlife Operator’s Licence shall maintain a true and accurate record of

(i) the name, address and phone number of every person for whom the holder performed the services of a nuisance wildlife operator, and

(ii) a description of the services performed for each person described in clause (i) including the date, number, species and release or disposal location of all wildlife handled.

(b) All entries required pursuant to subsection (a) shall be made as soon as possible after the service is performed and shall be open to inspection by a conservation officer.

(c) A copy of the record shall be filed with the Department on or before January 15 of the year immediately following the issuance of the licence.

Clause 5(11)(c) amended: O.I.C. 2008-465, N.S. Reg. 383/2008.

Subsection 5(11) added: O.I.C. 93-792, N.S. Reg. 137/93.

(11A) The fee for a Nuisance Wildlife Operator’s Licence or renewal of a Nuisance Wildlife Operator’s Licence is $5.71.

Subsection 5(11A) added: O.I.C. 2008-465, N.S. Reg. 383/2008; amended: O.I.C. 2011-110, N.S. Reg. 143/2011.

(12) The Minister, or any person authorized by the Minister, may for any period considered appropriate suspend, cancel or refuse to issue or renew a Nuisance Wildlife Operator’s Licence if the applicant for or the holder of the licence fails to comply with the Act or regulations respecting nuisance wildlife or is found guilty of an offence pursuant to the Act or any other enactment relating to wildlife.

Subsection 5(12) added: O.I.C. 93-792, N.S. Reg. 137/93.

(13) No person shall contravene any term or condition contained in a Nuisance Wildlife Operator’s Licence.

Subsection 5(13) added: O.I.C. 93-792, N.S. Reg. 137/93.

[Administering drugs, chemicals or substances to non-captive wildlife]

5A A person must not administer, attempt to administer or make available any drug, chemical or other substance that is capable of doing any of the following to non-captive wildlife unless the person is authorized to do so by the Director of Wildlife:

(a) chemically marking an animal; or

(b) altering any biological process, function or state of an animal.

Section 5A added: O.I.C. 2010-249, N.S. Reg. 89/2010.

Captive wildlife

6 (1) Unless determined otherwise by the Director of Wildlife, no person shall hold in captivity any wildlife, native or exotic, unless the person holds

(a) a permit or licence issued pursuant to subsection 16(3) of the Act (Private

Wildlife Park Licence/Permit); or

(b) a Game Farming Licence issued pursuant to Section 49 of the Act; or

(d) a Captive Wildlife Permit issued pursuant to these regulations; or

(e) a Falconry Permit issued pursuant to these regulations; or

Clause 6(1)(e) added: O.I.C. 97-519, N.S. Reg. 98/97.

(f) a Falconry Breeding Permit issued pursuant to these regulations.

Clause 6(1)(f) added: O.I.C. 97-519, N.S. Reg. 98/97.

Subsection 6(1) amended: O.I.C. 97-519, N.S. Reg. 98/97.

(2) The Director of Wildlife may issue a Captive Wildlife Permit.

(2A) The Director of Wildlife may determine wildlife species for which no import permit is required.

Subsection 6(2A) added: O.I.C. 97-519, N.S. Reg. 98/97.

(3) An applicant for a Captive Wildlife Permit shall apply on a form prescribed by the Department.

(4) A Captive Wildlife Permit is valid for a period of one year from the date of its issue with respect to the location specified in the permit and may be renewed upon application.

(5) The Province is not responsible for any damage or injury to persons or property with respect to any wildlife held in captivity.

(6) A conservation officer may at any reasonable time inspect captive wildlife and the enclosures in which they are kept.

(7) (a) Except as provided in a Captive Wildlife Permit, no person holding wildlife in captivity shall allow the wildlife to roam free, escape or be released to the wild.

(b) A person whose wildlife escapes from captivity shall immediately make all reasonable efforts to return the wildlife to captivity and report the full details of the escape to a conservation officer within 48 hours of the escape.

Clause 6(7)(b) amended: O.I.C. 2000-216, N.S. Reg. 64/2000.

(c) Any wildlife not recovered within 15 days after its escape shall become the property of Her Majesty the Queen in Right of the Province.

Clause 6(7)(c) added: O.I.C. 2000-216, N.S. Reg. 64/2000.

(d) A person whose wildlife escapes from captivity is liable for the costs of recovering the escaped wildlife, whether the costs are incurred during or after the time period referred to in clause (c).

Clause 6(7)(d) added: O.I.C. 2004-225, N.S. Reg. 165/2004.

(8) No person shall hold in captivity any wildlife known or believed to be diseased or allow the wildlife to be transferred to another person.

Clause 6(8)(b) repealed; clause 6(8)(a) renumbered subsection 6(8): O.I.C. 89-800, N.S. Reg. 136/89.

(9) (a) No person shall hold wildlife in captivity unless the wildlife is kept in a suitable enclosure approved by the Director of Wildlife.

(b) No person shall tether wildlife in any manner.

(10) A person holding wildlife in captivity shall in such manner as the Director of Wildlife may direct

(a) keep a fresh and adequate supply of water available at all times;