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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;