NEWFOUNDLAND AND LABRADOR REGULATION 60/98

St. John's, Newfoundland and Labrador, Canada

NEWFOUNDLAND AND LABRADOR

REGULATION 60/98

Guides Regulations, 1998

under the

Wild Life Act

(O.C. 98-254)

Amended by:

136/04

40/05

16/10

NEWFOUNDLAND AND LABRADOR

REGULATION 60/98

Guides Regulations, 1998

under the

Wild Life Act

(O.C. 98-254)

(Filed June 17, 1998)

Under the authority of section 7 of the Wild Life Act , the Lieutenant-Governor in Council makes

the following regulations.

Dated at St. Johns , June 17, 1998 .

John Cummings

Deputy Clerk of the Executive Council

REGULATIONS

Analysis

Short title

1. These regulations may be cited as the Guides Regulations, 1998 .

60/98 s1

Definitions

2. In these regulations

(a.01) "artificial fly" means an artificial fly as defined in the Newfoundland and Labrador

Fishery Regulations ( Canada );

(a) "guides licence" means a licence issued and valid under the provisions of these

regulations;

(a.1) "hooks" and "hooking" means to be in possession of a hook and line with the line held in

the hand, or a hook, line and rod with the rod held in the hand, when a fish takes the

attached bait, lure, or artificial fly as prescribed by the Newfoundland and Labrador

Fishery Regulations (Canada);

(b) "licensed guide" means a registered guide who is the holder of a guides licence issued

under these regulations;

(c) "minister" means the minister appointed under the Executive Council Act to administer

the Wild Life Act ; and

(d) "registered guide" means a person who, having made application to the minister, has

been registered as a guide and issued a certificate of that registration.

60/98 s2; 16/10 s1

Licence requirements

3. A person shall not be entitled to obtain a guides licence until he or she has completed the

requirements under these regulations and is registered as a guide.

60/98 s3

Application to minister

4. (1) A resident of Canada may apply for registration as a guide by filing with the minister an

application in the form set by the minister and providing:

(a) proof of

(i) successful completion of a firearm safety and hunter education course recognized

by the minister,

(ii) successful completion of a boating safety course recognized by the minister, and

(iii) a valid emergency first aid certificate; or

(b) proof of successful completion of a guide training program recognized by the minister.

(2) Where an applicant resides outside of the province, the minister may accept proof of

successful completion of training that the minister considers equivalent to that required under

subsection (1).

136/04 s1

Registration

5. (1) Where an applicant has provided the information required under section 4, the minister

may register the applicant as a guide and issue to him or her a certificate of registration on payment

of the fee set by the minister.

(2) Notwithstanding subsection (1), where an applicant was a registered guide at any time

prior to the coming into force of this section, the minister may issue a certificate of registration to the

applicant on payment of the fee set by the minister.

136/04 s1

Age limit

6. A person under the age of 18 years shall not be registered as a guide.

60/98 s6

Guide licence

7. (1) The holder of a certification of registration as a guide is entitled to obtain a guides licence

on payment of the annual fee prescribed by regulation, which licence shall expire on December 31

next after the date of issue.

(2) A licence obtained under subsection (1) shall authorize the licensee to accompany as a

guide

(a) in an area frequented by wild life, a person who holds a valid hunting licence; and

(b) on water, a person who holds a valid inland fishery licence.

60/98 s7

Re-registration

8. The minister may, by notice published in the Gazette before November 1 in any year, require

all registered guides to apply for re-registration upon payment of the fees and upon the terms and

conditions as may be approved by the Lieutenant-Governor in Council.

60/98 s8

Guiding without a licence

9. (1) A person is guilty of an offence who, not being the holder of a guides licence,

accompanies as a guide in an area frequented by wild life

(a) a person hunting or intending to hunt game; and

(b) a non-resident angling or intending to angle.

(2) This regulation shall not apply to persons acting as guides to persons holding the written

permission of the minister to take wild life for scientific purposes or for the purpose of conservation

of wild life.

60/98 s9

Guiding unlicensed persons

10. A person is guilty of an offence who, being the holder of a guides licence, accompanies as a

guide any unlicensed hunter or angler.

60/98 s10

Guide to report offences

11. (1) A licensed guide shall so far as he or she is able prevent a person whom he or she is

guiding from offending against the provisions of the Newfoundland and Labrador Fishery

Regulations ( Canada ) or the Wild Life Act or regulations made under that Act.

(2) If the person accompanied by a guide under subsection (1) offends the provisions

referred to in that subsection, the guide shall immediately and before the person has an opportunity to

leave the province, report that offence to a wild life officer.

(3) If the guide neglects to report an offence committed under subsection (2), he or she is

guilty of an offence.

60/98 s11; 40/05 s1

Production of licence

12. A licensed guide shall carry his or her licence whenever he or she is employed as a guide and

shall not refuse or neglect to produce his or her licence for examination when requested to do so by a

wild life officer or a person desiring to employ him or her.

60/98 s12

Licence not transferable

13. A licensed guide shall not permit his or her licence or a badge issued to him or her to be used

by another person.

60/98 s13

Angling and shooting by guides prohibited while employed

14. (1) A licensed guide, while employed as a licensed guide, shall not angle for salmon or trout

in inland waters or shoot or hunt wild life but a licensed guide may, within reasonable limits,

demonstrate the techniques of line casting and hooking of fish to an angler by whom he or she is

accompanied.

(2) A licensed guide who hooks a fish while demonstrating the techniques of line casting to

the angler by whom he or she is accompanied shall release the fish back into the water.

16/10 s2

Maximum charges

15. The minister may prescribe the maximum charges to be made by licensed guides for guiding

services.

60/98 s15

Number guide may accompany

16. A licensed guide is guilty of an offence if he or she at the same time accompanies as guide

(a) more than 2 non-residents licensed to hunt; or

(b) more than 2 non-residents licensed to fish.

60/98 s16

Cancellation of licence

17. When a licensed guide has been convicted of an offence against the provisions of

the Newfoundland and Labrador Fishery Regulations (Canada) or the Wild Life Act or regulations

made under that Act, his or her guides licence shall be cancelled immediately and he or she shall not

be entitled to obtain a guides licence under the provisions of the Wild Life Act for a period not

exceeding 3 years from the date of that conviction as the minister may determine.

60/98 s17; 40/05 s2

Camp help

18. The minister may issue a licence to a resident authorizing him or her to accompany in the

woods as camp help a holder of a valid hunting licence or a holder of a valid inland fishery licence.

60/98 s18

Guide to make report

19. (1) A licensed guide shall on or before January 31 in each year file with the minister a report

showing

(a) the names and addresses of camp help;

(b) the names and addresses of persons guided by him or her during the previous year;

(c) the location of pond, river, or areas guided;

(d) the number of lodges, hunting camps, camp sites;

(e) the number and kinds of game animals, game birds and fish killed or taken by parties

whom he or she has guided; and

(f) other information that may be required of him or her by the minister.

(2) If a licensed guide neglects or omits to file a report under subsection (1), he or she is

guilty of an offence.

60/98 s19

Misrepresentation

20. A person who by misrepresentation has obtained a certificate of registration as a guide is

guilty of an offence and is liable to a penalty in addition to the recall of his or her registration

certificate and guides licence.

60/98 s20