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Wildlife Area Regulations (C.R.C., c. 1609)

Regulations are current to 2021-02-15 and last amended on 2020-11-30. Previous Versions

General Prohibitions (continued)

  •  (1) The activities set out in Schedule I.1 in relation to any wildlife area that is listed in that Schedule may be carried out in that wildlife area, subject to any conditions that are specified in that Schedule for those activities in that wildlife area.

  • (2) The activities must be carried out in a manner that minimizes the adverse effects on any wildlife, wildlife residence or wildlife habitat.

  • (3) The activities may be carried out in that wildlife area only from sunrise to sunset, unless otherwise specified in Schedule I.1.

  • (4) For greater certainty, a permit issued under section 4 or section 8.1 is not required for those activities.

  • SOR/2020-256, s. 4
  •  (1) Subject to subsection (2), if an activity referred to in subsection 3(1) is described in Schedule I.1 as being authorized in a wildlife area at a designated location or during a designated period, the Minister may designate the applicable location or period for that activity.

  • (2) The Minister shall, when designating a location or a period, take the following into consideration:

    • (a) the health and safety of all persons in the wildlife area;

    • (b) the conservation and protection of wildlife and wildlife habitat;

    • (c) any research, conservation and interpretation activities that are in progress in or planned for the wildlife area;

    • (d) the security of physical assets in the wildlife area;

    • (e) the integrity of objects and infrastructure in the wildlife area;

    • (f) any existing agreements with respect to the wildlife area; and

    • (g) the compatibility of the activity in question with other activities that are authorized to be carried out in the wildlife area.

  • SOR/2020-256, s. 4
  •  (1) No person shall enter any of the following wildlife areas except in accordance with a permit issued under section 4:

    • (a) Îles de la Paix National Wildlife Area, as set out in item 3 of Part III of Schedule I;

    • (b) Eleanor Island National Wildlife Area, as set out in item 2 of Part IV of Schedule I;

    • (c) Wellers Bay National Wildlife Area, as set out in item 6 of Part IV of Schedule I;

    • (d) Scotch Bonnet Island National Wildlife Area, as set out in item 9 of Part IV of Schedule I;

    • (e) St-Denis National Wildlife Area, as set out in item 4 of Part VI of Schedule I;

    • (f) Meanook National Wildlife Area, as set out in item 2 of Part VII of Schedule I;

    • (g) Canadian Forces Base Suffield National Wildlife Area, as set out in item 4 of Part VII of Schedule I;

    • (h) Akpait National Wildlife Area, as set out in item 1 of Part XI of Schedule I;

    • (i) Ninginganiq National Wildlife Area, as set out in item 2 of Part XI of Schedule I;

    • (j) Qaqulluit National Wildlife Area, as set out in item 3 of Part XI of Schedule I;

    • (k) Nanuit Itillinga National Wildlife Area, as set out in item 4 of Part XI of Schedule I; and

    • (l) Nirjutiqarvik National Wildlife Area, as set out in item 5 of Part XI of Schedule I.

  • (2) No person shall enter Mohawk Island National Wildlife Area during the period beginning on April 1 in any year and ending on August 31 in the same year except in accordance with a permit issued under section 4.

  • SOR/2020-256, s. 4

 Sections 3 and 3.3 do not apply in respect of an activity carried out for the purpose of ensuring public safety or national security or in response to an emergency.

  • SOR/2020-256, s. 4
  •  (1) Paragraphs 3(1)(b), (c), (e), (g) to (i), (k) to (o), (r), (t) and (u) and section 3.3 do not apply in respect of a federal or provincial enforcement officer when they are performing their duties or functions or a person who is acting under the direction or control of that enforcement officer.

  • (2) Section 3.3 does not apply in respect of an employee of the Department of the Environment who, in the course of performing their duties or functions, is carrying out a wildlife research, conservation or interpretation activity or a person who is acting under the direction or control of that employee.

  • (3) Section 3.3 does not apply in respect of a person who, on behalf of a representative of the government of Canada and in the course of their duties or functions, is carrying out an activity relating to the maintenance of a wildlife area.

  • (4) A person referred to in subsection (2) or (3) may, in the course of their duties or functions in a wildlife area,

    • (a) despite paragraph 3(1)(l), operate a conveyance with a driver on board, other than an aircraft; and

    • (b) despite paragraph 3(1)(o), remove, damage or destroy a poster or sign.

  • SOR/2020-256, s. 4

Domestic Animals and Non-Indigenous Wildlife

  •  (1) If a domestic animal is at large in a wildlife area and a wildlife officer has reasonable grounds to conclude that the animal has an owner, the officer may

    • (a) capture the animal if the owner

      • (i) is present but is unable or unwilling to capture the animal within a reasonable time, or

      • (ii) is not present or is unknown;

    • (b) require the owner to remove the animal from the wildlife area if the owner is present;

    • (c) impound the animal at the expense of the owner if the owner is not present;

    • (d) if the animal is injured, obtain medical care for the animal at the expense of the owner if the owner is known; and

    • (e) destroy the animal if it poses a danger to any person, any other domestic animal or any wildlife and the owner

      • (i) is present but is unable or unwilling to capture the animal within a reasonable time, or

      • (ii) is not present or is unknown.

  • (2) If a domestic animal is at large in a wildlife area and a wildlife officer has no reasonable grounds to conclude that the animal has an owner, the officer may

    • (a) capture the animal;

    • (b) impound the animal;

    • (c) if the animal is injured, obtain medical care for the animal; or

    • (d) destroy the animal if it poses a danger to any person, any other domestic animal or any wildlife.

  • (3) For the purposes of this section, the owner of an animal includes the person who is responsible for it.

  • SOR/2020-256, s. 4

 A wildlife officer, an employee referred to in subsection 3.5(2) or a person acting under the direction or control of the officer or the employee, may capture or destroy, in a wildlife area, any wildlife that is not indigenous to that wildlife area and is likely to cause immediate harm to indigenous wildlife or immediately degrade its habitat.

  • SOR/2020-256, s. 4

Temporary Closure of Wildlife Areas

  •  (1) The Minister may temporarily close all or any part of a wildlife area if

    • (a) there is a risk of harm to wildlife, including as a result of an outbreak of disease;

    • (b) there is a natural disaster or any other major emergency; or

    • (c) there is a risk to public safety or national security.

  • (2) The Minister shall give notice in writing to the public of

    • (a) the temporary closure of all or any part of a wildlife area under subsection (1); and

    • (b) the reopening of all or any part of a wildlife area.

  • (3) The written notice shall be posted at the entrance or boundary of the wildlife area or published on a federal government website or on other media.

  • (4) No person shall enter a wildlife area or any part of it that has been closed under subsection (1), other than a person referred to in section 3.5.

  • SOR/2020-256, s. 4
 
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