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BILL NO. 24

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                 An Act to Amend Chapter 504
                of the Revised Statutes, 1989,
                       the Wildlife Act




                          CHAPTER 25
                       ACTS OF 1995-96




                 
                                                               
                                                               
                The Honourable Donald R. Downe
                Minister of Natural Resources


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                  An Act to Amend Chapter 504
                 of the Revised Statutes, 1989,
                        the Wildlife Act



         Be it enacted by the Governor and Assembly as follows:


         1  Chapter 504 of the Revised Statutes, 1989, the Wildlife
Act, is amended by adding immediately after Section 38 the
following Section:

            38A (1) In this Section,

                    (a) "forest land" means forest land as defined
                in Section 15 of the Protection of Property Act; and

                    (b) "occupier" means occupier as defined in
                the Protection of Property Act.

                (2) Notwithstanding Section 15 of the Protection of
         Property Act, where an occupier of forest land posts notice
         in writing by means of a sign prohibiting trapping, without
         permission, on the forest land, no person shall trap wildlife
         on the forest land without the permission of the occupier.

                (3) A sign referred to in subsection (2) shall
         include the name and telephone number of the occupier or,
         where regulations are passed respecting the posting of
         forest land, the occupier shall post the land in accordance
         with the regulations.

                (4) Every person who, without legal justification,
         the proof of which rests upon the person asserting
         justification, removes a notice posted by an occupier is
         guilty of an offence.

                (5) Every person who, not being an occupier of
         forest land or acting on behalf of the occupier, posts a
         notice on forest land is guilty of an offence.

                (6) It is a defence to a charge pursuant to
         subsection (2) that the person charged reasonably believed
         that the person had permission of the occupier to trap on
         the forest land.

                (7) It is a defence to a charge of trapping without
         permission that the person was unable to see or understand
         the notice referred to in subsection (2).

                (8) Nothing contained in this Section restricts or
         shall be deemed to restrict the availability of injunctive
         relief or any other civil remedy for trespass to property that
         is otherwise available and, where the occupier has not
         posted the forest land in accordance with this Section, that
         fact alone does not imply permission of the occupier to
         enter upon the forest land for the purpose of trapping.

                (9) In this Section, trapping does not include the
         snaring of snowshoe hare.


         2  (1) Subsection 41(2) of Chapter 504 is amended by

                (a) striking out "which" in the second line; and

                (b) striking out "is harassing wildlife" in the third
            line.

            (2) Section 41 of Chapter 504 is further amended by
adding immediately after subsection (4) the following
subsection:

                (5) The owner of a dog shall not allow the dog to
            run at large in a wildlife habitat.


         3  Section 51 of Chapter 504 is repealed and the following
Section substituted:

            51  Except with a permit issued by the Minister, no
         person shall

                (a) destroy, take, possess, buy or sell any egg of a
            bird or turtle or disturb the nest of a bird or turtle; or

                (b) use a snare, net or trap to take any bird.


         4  Subsection 111(2) of Chapter 504 is amended by

            (a) adding "or 15" immediately after "14" in the third
         line;

            (b) striking out "five hundred" in the sixth line and
         substituting "two thousand"; and

            (c) striking out "eight hundred" in the last line and
         substituting "three thousand".


         5  Subsection 113(1) of Chapter 504, as amended by
Chapter 9 of the Acts of 1993, is further amended by adding
immediately after clause (y) the following clause:

            (ya)    respecting signs and the posting of signs for the
         purpose of Section 38A;