Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations (SOR/2004-301)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Canada National Parks Act. (Loi)

Chief Executive Officer

Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

eligible person

eligible person means a person

• (a) who, on June 29, 1984, was a permanent resident of Longue-Pointe-de-Mingan, Mingan, Havre-Saint-Pierre or Baie-Johan-Beetz in the Province of Quebec;

• (b) who was born in Longue-Pointe-de-Mingan, Mingan, Havre-Saint-Pierre or Baie-Johan-Beetz in the Province of Quebec, who is a first or second generation descendant — by blood or adoption — of a person identified in paragraph (a) and who, at the time of the application for a snare permit, is 16 years of age or older; or

• (c) who is the spouse or common-law partner of a person identified in paragraph (a) or (b). (admissible)

park reserve

park reserve means Mingan Archipelago National Park Reserve of Canada. (réserve)

possession

possession has the same meaning as in subsection 4(3) of the Criminal Code. (possession)

season

season means the period for which snare permits are issued. (saison)

snare

snare means the act of capturing or attempting to capture an animal using a snare. (chasse au collet)

snare permit

snare permit means a permit issued under section 8. (permis de chasse au collet)

snowshoe hare

snowshoe hare means a member of the species Lepus americanus and includes any part of such an animal. (lièvre d'Amérique)

superintendent

superintendent means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of the park reserve, and includes any other person appointed under that Act who is authorized by that person to act on their behalf. (directeur)

Application

• 2 (1) Subject to section 40 of the Act, these Regulations apply to the park reserve.

• (2) In the event of an inconsistency between these Regulations and any other regulation made under the Act, these Regulations prevail to the extent of the inconsistency.

3 Sections 5 and 6 do not apply to the superintendent, a park warden, an enforcement officer or a peace officer while they are performing functions related to the management of the harvesting of snowshoe hare in the park reserve, or to any other person authorized by the superintendent while they are conducting research in the park reserve in respect of snowshoe hare or the harvesting activity.

Traditional Renewable Resource Harvesting Activity

4 The snaring of snowshoe hare in the park reserve is specified to be a traditional renewable resource harvesting activity.

General Prohibitions — Snaring and Possession

5 No person shall snare snowshoe hare in the park reserve unless they are the holder of a snare permit.

6 No person shall possess snowshoe hare snared in the park reserve unless they are the holder of a snare permit.

Snare Permits

Application

7 An application for a snare permit shall be submitted to the superintendent on the form provided by the superintendent and must include the following information:

• (a) the name and date of birth of the applicant and the address of their permanent residence; and

• (b) written evidence that the applicant is an eligible person.

Issuance

• 8 (1) Subject to any other provisions of these Regulations and any determinations made under sections 15 to 17, the superintendent shall issue a permit to snare snowshoe hare in the park reserve to an eligible person on application by that person in accordance with section 7.

• (2) No person is entitled to obtain a snare permit for a given season if they are already the holder of a valid or suspended snare permit for that season or if, during the 12 months preceding the submission of the application, a snare permit previously issued to them was revoked.

• (3) The permit holder shall sign the snare permit on receipt.

Contents

• 9 (1) Every snare permit shall contain the name and date of birth of the permit holder, the address of their permanent residence, and

  • (a) a statement that transfer or assignment of the permit is prohibited;

  • (b) a description of the duties of the permit holder as set out in sections 12 to 14;

  • (c) a statement that contravention of a condition of the permit constitutes an offence under subsection 24(3) of the Act; and

  • (d) any standard conditions that are specified by the superintendent, in accordance with sections 15 to 17, in respect of

    • (i) the duration of the permit,

    • (ii) the areas in the park reserve in which the permit holder may snare snowshoe hare,

    • (iii) all or part of any of those areas, identified on the permit as areas in which the permit holder may snare snowshoe hare, in which the snaring of snowshoe hare is restricted for part of the duration of the permit,

    • (iv) the maximum number of snowshoe hare that may be snared and possessed by the permit holder in the season,

    • (v) the method to be used by the permit holder to indicate their snares, snaring lines and trails, and

    • (vi) the method to be used by the permit holder to attach, to their snared snowshoe hare, the tags provided by the superintendent with the permit.

    • (vii) and (viii) [Repealed, SOR/2009-322, s. 23]

• (2) The superintendent may, when necessary to ensure the protection of snowshoe hare in the park reserve and the preservation, control and management of the park reserve, including the maintenance or restoration of its ecological integrity, include in all snare permits to be issued for a given season any supplementary conditions that may be required.

Expiry

10 A snare permit expires on the earlier of

• (a) the expiry date stated on the permit, and

• (b) the date on which the permit is revoked.

Prohibitions — Holders of Snare Permits

11 No holder of a snare permit shall

• (a) transfer or assign their permit;

• (b) use a snare other than one that is constructed of metallic wire;

• (c) set a snare in a manner capable of capturing an animal other than a snowshoe hare;

• (d) subject to paragraph 12(e), set more snares than the maximum number of snowshoe hare that may be snared as set out in their permit;

• (e) bait a snare;

• (f) cut or damage any flora in the course of snaring snowshoe hare;

• (g) leave a snare unattended for more than 48 hours;

• (h) snare snowshoe hare in an area of the park reserve that has been closed to the snaring of snowshoe hare by the superintendent under section 16; or

• (i) remove the tag that they have attached to a snared snowshoe hare until the hare is being prepared for human consumption.

Duties of Holders of Snare Permits

12 The holder of a snare permit shall

• (a) carry their permit when they are snaring or in possession of snowshoe hare in the park reserve;

• (b) on request by the superintendent, a park warden, an enforcement officer or a peace officer, immediately produce for examination, as applicable, their snares, any snowshoe hare in their possession and their permit;

• (c) attach, to each snared snowshoe hare, a tag provided with their permit using the method specified in the permit;

• (d) report, without delay to a park warden, any accidental capture in any of their snares of an animal other than a snowshoe hare if that animal is wounded or dead; and

• (e) after they snare one half of the limit of snowshoe hare specified in their permit, reduce the number of their snares so that the number of their snares does not at any subsequent time exceed the remainder of that limit.

• 13 (1) The holder of a snare permit shall remove their snares, snaring line indicators and trail indicators when the limit of snowshoe hare specified in their permit has been reached, or, if that limit is not reached, within 48 hours after the expiry of the permit.

• (2) If the permit holder fails to comply with subsection (1), the superintendent shall remove and dispose of the snares, snaring line indicators and trail indicators.

• 14 (1) Within 60 days after the expiry of a snare permit, the permit holder shall return the permit to the superintendent.

• (2) The permit holder shall record the following information on the back of their snare permit prior to returning it:

  • (a) the number of snares set by the permit holder;

  • (b) the number of snowshoe hare snared by the permit holder;

  • (c) the areas in which the snowshoe hare were snared; and

  • (d) any other information that the permit holder was required to record under a condition of the permit.

Powers of Superintendent

15 The superintendent shall, for the purposes of the conservation of snowshoe hare and the maintenance of the ecological integrity of the park reserve, in respect of each season, determine those areas in the park reserve in which the snaring of snowshoe hare will be permitted or restricted.

16 The superintendent may, at any time, for the purposes of management of the park reserve, public safety or the conservation of natural resources, close areas of the park reserve to the snaring of snowshoe hare for any period that the superintendent determines necessary.

17 Based on the determinations made under sections 15 and 16, the superintendent shall, in respect of each season, determine

• (a) the limit of snowshoe hare that may be snared under a snare permit; and

• (b) the maximum number of snare permits to be issued for each area where the snaring of snowshoe hare will be permitted.

Suspension and Revocation

• 18 (1) The superintendent may suspend a snare permit if the permit holder contravenes any provision of these Regulations or any condition of their permit.

• (2) The superintendent shall reinstate a suspended snare permit

  • (a) if the contravention that led to the suspension has been corrected;

  • (b) after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or

  • (c) if proceedings are instituted, after the permit holder has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.

• (3) The superintendent shall revoke a snare permit if

  • (a) the permit holder is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit; or

  • (b) except when the permit was reinstated under paragraph (2)(b) or (c), the permit has been suspended twice during the period for which it was issued.

Decisions of the Superintendent

Notice

19 If the superintendent refuses to issue, or suspends or revokes, a snare permit, the superintendent shall, within 15 days after making their decision, provide written notice of their decision, including reasons, to the applicant or permit holder, as applicable.

Review

• 20 (1) Any person to whom the superintendent has refused to issue a snare permit, or whose snare permit has been suspended or revoked by the superintendent, may request a review of the superintendent's decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice referred to in section 19.

• (2) On receipt of the written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the snare permit if the Chief Executive Officer reaches a decision that differs from the superintendent's decision with respect

  • (a) in the case of a refusal, to the requirements and matters to be considered under sections 7 and 8; and

  • (b) in the case of a suspension or revocation, to the reasons referred to in section 18.

• (3) The Chief Executive Officer shall provide written notice of their decision, including reasons, to the person who requested the review.

Consequential Amendments to the National Parks Wildlife Regulations

21 [Amendments]

Coming into Force

22 These Regulations come into force on the day on which they are registered.