Hunting Guide Regulations

c t WILDLIFE CONSERVATION ACT HUNTING GUIDE REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to September 15, 2018. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Wildlife Conservation Act Hunting Guide Regulations Section 1 c WILDLIFE CONSERVATION ACT Chapter W-4.1 HUNTING GUIDE REGULATIONS Pursuant to section 28 of the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1, Council made the following regulations: 1. Definitions In these regulations (a) “Act” means the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1; (b) “Department” means the Department of Environment, Energy and Forestry; (c) “guide” means a person who accompanies or assists another person hunting or attempting to hunt; (d) “licensed resident hunter” means a resident of Prince Edward Island who holds a valid hunting license issued pursuant to the Act; (e) “Minister” means the Minister of Environment, Energy and Forestry; (f) “outfitter” means a person who provides services, equipment, guides or guiding services in relation to hunting; (g) “registered guide” means a person who holds a valid hunting license issued pursuant to the Act and a valid registered hunting guide license; (h) “registered hunting guide license” means a registered hunting guide license issued pursuant to section 2; (i) “registered hunting outfitter license” means a registered hunting outfitter license issued pursuant to section 3; (j) “registered outfitter” means a person who holds a valid hunting license issued pursuant to the Act and a valid registered hunting outfitter license. (EC512/05) 2. Registered hunting guide license The Minister may issue a registered hunting guide license to a person who (a) applies for a license on a form approved by the Minister; (b) is not less than 19 years of age at the date of application; (c) holds a valid firearm safety certificate issued by the Department; (d) holds a valid emergency first aid and CPR certificate; (e) has successfully passed a competency test as prescribed by the Minister under subsection 6(1); c t Updated September 15, 2018 Page 3 Section 3 Wildlife Conservation Act Hunting Guide Regulations (f) has paid the fee prescribed in section 4 for a registered hunting guide license; and (g) is not prohibited from owning or possessing firearms. (EC512/05) 3. Registered hunting outfitter license The Minister may issue a registered hunting outfitter license to a person who (a) applies for a license on a form approved by the Minister; and (b) has paid the fee prescribed in section 4 for a registered hunting outfitter license. (EC512/05) 4. License fee (1) The following fees are prescribed for a registered hunting guide license or a registered hunting outfitter license: (a) registered hunting guide license for resident .......... ................................................ $30; (b) registered hunting guide license for non-resident .. .................................................. 50; (c) registered hunting outfitter license for resident ...... .................................................. 50; (d) registered hunting outfitter license for non-resident.................................................. 50. Terms or conditions (2) The Minister may impose any terms or conditions on a registered hunting guide license or a registered hunting outfitter license that the Minister considers necessary. License not transferable, expiry (3) A registered hunting guide license or a registered hunting outfitter license is not transferable and expires on March 31st of the year following the date of issue unless the date of expiry of the license is otherwise specified in the terms or conditions of the registered hunting guide license or the registered hunting outfitter license. License on person (4) A person who is a registered guide shall, when acting as a registered guide, be in possession of the person’s registered hunting guide license at all times. (EC512/05) 5. Renewal of license (1) The Minister may renew a registered hunting guide license or a registered hunting outfitter license where an applicant (a) applies for renewal on a form approved by the Minister; and (b) meets the requirements outlined in sections 2 or 3. Idem (2) An applicant who applies for renewal of a registered hunting guide license is not required to complete a competency test under section 6 if the applicant has previously held a registered hunting guide license. (EC512/05) Refusal (3) The Minister may refuse to renew the registered hunting guide license or the registered hunting outfitter license of a person who has failed to comply with the Act, these regulations, the Migratory Birds Convention Act, 1994 (Canada), the Wild Animal and Plant Protection and Regulations of International and Interprovincial Trade Act (Canada) or a regulation Page 4 Updated September 15, 2018 t c Wildlife Conservation Act Hunting Guide Regulations Section 6 made under those Acts, or a term or condition of the person’s registered hunting guide license or registered hunting outfitter license. (EC512/05) 6. Competency test (1) The Minister shall issue a competency test to a person who applies for a registered hunting guide license for the purpose of testing the person in relevant legislation, hunting practices, firearm safety, first aid, CPR and other related topics. Designation (2) The Minister may designate persons to determine, subject to the approval of the Minister, the content of the competency test and to administer the competency test for the purposes of subsection (1). Verbal or written test (3) An applicant may take the competency test verbally or in writing. Pass mark (4) The Minister shall establish the pass mark for the competency test. Restrictions on reapplication (5) An applicant who has failed the competency test may not reapply to re-take the competency test or reapply for a registered hunting guide license for a period of ninety days from the date of the initial competency test failure. (EC512/05) 7. Licensed resident hunter (1) A licensed resident hunter shall not hunt with, or act as a guide for, more than two non-resident hunters at the same time. Registered guide (2) A registered guide shall not act as a guide for more than four non-resident hunters at the same time. Idem (3) Revoked by EC572/18. Idem (4) Revoked by EC572/18. Registered outfitter (5) A registered outfitter shall ensure that a registered guide employed by the registered outfitter does not act as a guide for more than four non-resident hunters at the same time. (EC512/05; 572/18) 8. Information returns, biological parts (1) A registered guide who acts as a guide for a non-resident hunter shall collect from the non-resident hunter and submit to the Minister such information returns and biological parts of wildlife that are required to be submitted to the Minister pursuant to the terms or conditions of the non-resident hunter’s hunting license. c t Updated September 15, 2018 Page 5 Section 9 Wildlife Conservation Act Hunting Guide Regulations Offence (2) Every non-resident hunter who hunts, takes or kills wildlife or attempts to hunt, take or kill wildlife without being in the company of a licensed resident hunter or a registered guide is guilty of an offence. (EC512/05) 9. Offence (1) Every person who contravenes the terms or conditions contained in the person’s registered hunting guide license or registered hunting outfitter license is guilty of an offence. Revocation of license (2) The Minister may cancel or revoke a registered hunting guide license or a registered hunting outfitter license where the Minister believes it is in the public interest to do so. (EC512/05) 10. Guide (1) No person shall, for profit, act as a guide unless the person holds (a) a valid hunting license issued pursuant to the Act; and (b) a valid registered hunting guide license. Idem (2) No person shall hold himself or herself out as a guide unless the person holds (a) a valid hunting license issued pursuant to the Act; and (b) a valid registered hunting guide license. (EC512/05) 11. Outfitter (1) No person shall, for profit, act as an outfitter unless the person holds (a) a valid hunting license issued pursuant to the Act; and (b) a valid registered hunting outfitter license. Idem (2) No person shall hold himself or herself out as an outfitter unless the person holds (a) a valid hunting license issued pursuant to the Act; and (b) a valid registered hunting outfitter license. (EC512/05) 12. Prohibition No person who is a non-resident shall hunt unless the person (a) holds a valid non-resident hunting license issued pursuant to the Act; and (b) is accompanied by a licensed resident hunter or a registered guide. (EC512/05) 13. Offence (1) Every person who fails to comply with or contravenes any of the provisions of these regulations is guilty of an offence and is liable, on summary conviction, (a) to a fine of not less than $200 and not more than $2,000 where the person is a natural person; or Page 6 Updated September 15, 2018 t c Wildlife Conservation Act Hunting Guide Regulations Section 13 (b) to a fine of not less than $2,000 and not more than $10,000 where the person is a corporation. Idem (2) Every person who is guilty of an offence under subsection 8(2) is liable, on summary conviction, to a fine of not less than $200 and not more than $2,000. Idem (3) Every person who is guilty of an offence under subsection 9(1) is liable, on summary conviction, (a) to a fine of not less than $200 and not more than $2,000 where the person is a natural person; or (b) to a fine of not less than $2,000 and not more than $10,000 where the person is a corporation. (EC512/05) c t Updated September 15, 2018 Page 7