BILL 11
An Act to Amend the Fish and Wildlife Act
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection 1(1) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended by repealing the definition “penalty” and substituting the following:
“penalty” means a fine or term of imprisonment; (peine)
2 Subsection 6(2) of the Act is amended by striking out “a person employed within the Department” and substituting “a person employed within the Civil Service, as defined in the Civil Service Act,”.
3 Section 46 of the Act is amended
(a) by adding before subsection (1) the following:
46( 0.1) The following definitions apply in this section.
“chip seal” means a surface treatment consisting of asphalt emulsion with one or more layers of aggregate embedded in the emulsion. (enduit superficiel)
“designated road” means a highway as defined in the Highway Act. (chemin désigné)
“paved portion” means the portion of a designated road that is surfaced by a layer of pavement consisting of asphalt concrete, Portland cement concrete or chip seal. (partie revêtue)
(b) in subsection (5) by striking out “Notwithstanding any other provision of this section,” and substituting “Despite any other provision of this section, excluding subsection (5.1),”;
(c) by adding after subsection (5) the following:
46( 5.1) Despite subsections 34(4), (4.1) and (7) and subsections (3), (4) and (4.1) and subject to subsection (6), every person, other than a conservation officer, who at any time discharges a firearm from or across the paved portion of a designated road or within 10 m of the paved portion of a designated road commits an absolute liability offence.
(d) in subsection (7) by striking out “Subsections (1) and (2)” and substituting “Subsections (1), (2) and (2.1)”.
4 The Act is amended by adding after section 105 the following:
No imprisonment for non-payment of fine
105.01 Imprisonment shall not be imposed as a penalty for failure to pay a fine to which a person is liable as a result of a conviction for any offence under this Act or the regulations.
5 Schedule A of the Act is amended by striking out
and substituting the following:
46(1) | 1,000 | 2,000 |
46(2) | 1,000 | 2,000 |
46(2.1) | 1,000 | 2,000 |
46(5.1) | 300 | 800 |
Transitional provision
6 The person holding the office of Director of Fish and Wildlife Law Enforcement immediately before the commencement of this section shall be deemed to have been appointed under subsection 6(2) of the Fish and Wildlife Act, as amended by section 2 of this Amending Act.