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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Fish and Wildlife Act
 
Legislature :
55
Session :
2
Bill No. :
4
Member :
Hon. Ashfield
First Reading :
2004-12-3
Second Reading :
2004-12-8
Committee of the Whole :
2005-1-4
Amended :
Third Reading :
2005-1-5
Royal Assent :
2005-1-21
Download PDF :
  Bill 4         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 114 of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended



(a)               in paragraph (b) by striking out the semicolon at the end of the paragraph and substituting a period;



(b)               by repealing paragraph (c).



2                           Section 114.1 of the Act is amended



(a)               by adding before subsection (1) the following:



114.1(0.1)   The Minister may appoint persons, who, in his or her opinion, have received suitable training to be qualified technicians for the purposes of this section.



(b)               by repealing subsection (1) and substituting the following:



114.1(1)       The Lieutenant-Governor in Council may by regulation prescribe the procedures to be used by a qualified technician in the analysis or examination of the following:



(a)               a portion of meat, tissue or body fluid of any species of wildlife or fish;



(b)               a firearm;



(c)                ammunition;



(d)               a substance; and



(e)                any other thing prescribed by regulation.



(c)               by repealing subsection (2) and substituting the following:



114.1(2)       Subject to subsections (3) and (4), a certificate of a qualified technician stating that the qualified technician has, in accordance with a procedure prescribed by regulation, analyzed or examined any of the things listed in paragraphs (1)(a) to (e) and stating the result of the qualified technician's analysis is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.



3                           Subsection 118(1) of the Act is amended by adding after paragraph (aa) the following:



(aa.01)    prescribing any other thing for the purposes of section 114.1;



EXPLANATORY NOTES



Section 1



(a) and (b)            The existing provision is as follows:



114                   The Minister may



(a)               offer a reward, not exceeding five hundred dollars, for information leading to the apprehension and conviction of any person violating any of the provisions of this Act;



(b)               order that the amount of such reward be paid to the person entitled thereto out of the Consolidated Fund;



(c)                appoint persons, who in his opinion, have received suitable training, to be qualified technicians for the purpose of determining the identity by species of a portion of meat, tissue or body fluid.



Section 2



(a)               New provision.



(b)               The existing provision is as follows:



114.1(1)       The Lieutenant-Governor in Council may by regulation prescribe the procedures to be used by a qualified technician appointed by the Minister under paragraph 114(c) in order to determine the identity by species of any meat, tissue or body fluid.



(c)                The existing provision is as follows:



114.1(2)       In a prosecution or proceeding under this Act in which proof is required with respect to the identity by species of any meat, tissue or body fluid, a certificate of a qualified technician appointed by the Minister under paragraph 114(c)



(a)               stating that he or she has analyzed a portion of meat, tissue or body fluid utilizing a procedures prescribed by regulation, and



(b)               stating the result of his analysis



is, in the absence of evidence to the contrary, proof of the identity by species of the portion of meat, tissue or body fluid analyzed and of the facts stated in the certificate, without proof of the appointment, signature or authority of the person appearing to have signed the certificate.



Section 3



Regulation-making authority is added.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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