Wood Buffalo National Park Game Regulations

Regulations Respecting Game in Wood Buffalo National Park His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 7(1) of the National Parks Act, is pleased hereby to revoke the Wood Buffalo Park Game Regulations made by Order in Council P.C. 1954-1739 of 18th November, 19541, as amended2, and to make the annexed Regulations respecting game in Wood Buffalo National Park. SOR/54-553, Canada Gazette Part II, Vol. 88, No. 23, December 8, 1954, p. 1703 and 1955 Consolidation, Vol. 3, p. 2384 SOR/77-412, Canada Gazette Part II, Vol. 111, No. 11, June 8, 1977 These Regulations may be cited as the Wood Buffalo National Park Game Regulations. In these Regulations, big game means bison (buffalo), wapiti (elk), any member of the deer family whether known as caribou, moose, deer or otherwise, bear and any part of such animals; (gros gibier) certificate of registration means a certificate of registration issued pursuant to subsection 14(1); (certificat d’enregistrement) Director[Repealed, SOR/91-420, s. 1] dog means any member of the species Canis familiaris and any cross-breed thereof; (chien) firearm means any weapon from which any shot, bullet or other missile can be discharged and that is capable of causing bodily injury or death, and includes anything that can be adapted for use as a firearm; (arme à feu) former Regulations means the Wood Buffalo Park Game Regulations, being P.C. 1954-1739 of November 18, 1954; (anciens règlements) fur bearing animal means a beaver, coyote, fisher, fox, lynx, marten, mink, muskrat, otter, skunk, squirrel, weasel, ermine or wolverine or wolf and includes any part of such animal; (animaux à fourrure) game means any wild mammal, amphibian, reptile or bird and includes any part of such mammal, amphibian, reptile or bird or any egg thereof; (gibier) general hunting permit means a permit issued pursuant to section 12; (permis général de chasse) group leader means a member of a group who is named on a certificate of registration and who is duly chosen by a majority of group members for a trapping area to act on their behalf, or the holder of the certificate of registration if the holder is the only person named in the certificate; (chef du groupe) group member means a person who is named on a certificate of registration and includes the holder of the certificate; (membre du groupe) highway means a highway in the Park and includes a common or public highway, street, road, avenue, parkway, driveway or bridge intended for use by the general public for the passage of motor vehicles; (route) hunt means to trap, chase, pursue, worry, follow after or on the trail of, search for, shoot at, stalk or lie in wait for, or any attempt made in any manner to capture, kill or injure any game whether or not the game is captured, killed or injured; (chasser) loaded, with respect to a firearm, means the presence of a live shell or cartridge in the breach, chamber or attached magazine of the firearm; (chargé) migratory bird has the same meaning as in subsection 2(1) of the Migratory Birds Convention Act, 1994, but excludes migratory birds raised in captivity that can readily be distinguished from wild migratory birds by their size, shape or plumage; (oiseau migrateur) Minister[Repealed, SOR/91-420, s. 1] motor vehicle means any vehicle that is designed to be driven by any means other than by muscular power; (véhicule automobile) open season, with respect to game, means the period in each year during which it is permitted to hunt for that game; (saison de chasse) oversnow vehicle means a motor vehicle that is designed to run on tracks or skis or both and to operate on snow or ice; (autoneige) owner, with respect to a dog, means a person who owns, harbours, possesses or has control or custody of a dog; (propriétaire) Park means Wood Buffalo National Park; (parc) permit year means the period from the first day of July in any year to the thirtieth day of June in the year next following; (année de permis) possession means possession as referred to in subsection 3(4) of the Criminal Code; (possession) resident means a person who makes his home or resides in Wood Buffalo National Park or within eighty kilometres of the Park, and for greater certainty includes a person who makes his home or resides in the settlement of Fort Smith, Fort Resolution or Hay River in the Northwest Territories or of Jean D’Or Prairie, Fox Lake, Fort Chipewyan, Embarras Portage or Fort Fitzgerald in the Province of Alberta; (résident) snare means a type of trap constructed of wire, leather, rope or other material and manipulated in such a way as to form a noose capable of capturing game; (collet) Superintendent[Repealed, SOR/91-420, s. 1] trap, when used as a noun, means any structure, contrivance or device capable of catching and capturing game by affording entrance but not exit, and includes a snare; (piège) trapper’s cabin means a building or structure erected in a trapping area used as temporary living quarters by a person or persons actively engaged in trapping; (cabane de trappeur) trapper’s cabin permit means a permit issued pursuant to section 50; (permis de cabane de trappeur) trapping area means an area or location for hunting or trapping fur bearing animals described in a trapping permit or certificate or registration; (secteur de piégeage) trapping permit means a permit issued pursuant to section 13. (permis de piégeage) Where a period of time is expressed in these Regulations to be a period from one day to another, the period shall include the first and the last days so expressed. These Regulations apply only in Wood Buffalo National Park. These Regulations do not apply to the superintendent or a Park Warden while he is engaged in the performance of his duties. No person shall handle, disturb, destroy, remove or have in his possession any egg or nest of a wild bird, or handle game, feed game or entice game to approach a person by setting out foodstuffs, unless he does so under and in accordance with a permit issued pursuant to these Regulations. cut, spear, break, destroy or interfere with a beaver house or beaver dam; kill a female bear with cubs under one year of age except in defence of human life; or kill a bear cub under one year of age. Every person who kills a bear referred to in paragraph (1)(b) in defence of human life shall report the killing to a park warden within 24 hours after the killing or, if circumstances do not permit a report to be made within that time period, as soon as possible thereafter. No person shall hunt migratory birds unless the person hunts in accordance with these Regulations and the Migratory Birds Regulations, 2022. No person shall hunt, trap or discharge a firearm within eight hundred metres of the shoreline of Pine Lake from April 1 to October 31 in any year. Subject to subsection (2), no person shall, for any purpose, enter the whooping crane nesting areas, described in Schedule I, during the period from April 15 to October 31 in each year. The superintendent may grant permission to any person to enter an area referred to in subsection (1), where it is necessary for the protection of wildlife. hunt game except during an open season for that game as set out in Schedule II or in a notice made pursuant to subsection 56(2) or (3); take or kill game in excess of the bag limits for that game as set out in Schedule II; or have in his possession any live game or any game taken or killed in violation of these Regulations. No person shall hunt or be in possession of any game specified in Schedule III. No person shall implement an agreement entered into with another person for assistance to trap game in a trapping area unless that agreement has been approved by the superintendent pursuant to subsection (2). The superintendent shall approve an agreement referred to in subsection (1) where after discussion with the group leader for the trapping area and having regard to all the circumstances in that area, the superintendent believes on reasonable grounds that such an agreement for assistance will not seriously and adversely affect wildlife or the interests of other trappers in respect of that trapping area; the person requiring assistance holds a trapping permit; the person with whom the agreement is made holds a general hunting permit; and the person requiring assistance has demonstrated that an adequate livelihood from the trapping of game cannot be obtained without such assistance. The superintendent may, before approving an agreement pursuant to subsection (2), establish conditions of approval to ensure that the agreement will not adversely affect wildlife or the interests of other trappers in respect of a trapping area. Where an agreement is approved pursuant to subsection (2), the superintendent shall endorse the general hunting permit of the person with whom the agreement is made and shall inscribe on that general hunting permit the conditions of approval, if any, as described in subsection (3). A general hunting permit authorizing the holder thereof to hunt game other than fur bearing animals may be issued by the superintendent to a resident who was eligible to hold a general hunting licence pursuant to the former Regulations; or is the spouse, or child over 16 years of age of a person who holds a general hunting permit, or a person who held a general hunting permit or a general hunting licence prior to his death. [Repealed, SOR/2018-250, s. 9] A trapping permit authorizing the holder thereof to hunt fur bearing animals may be issued by the superintendent to any person who is the holder of a general hunting permit; and is named in a certificate of registration for the trapping area, whether or not he is the holder of the certificate. A certificate of registration for a trapping area may be issued by the superintendent to a person either on his own behalf or on behalf of two or more persons, if each person is the holder of a general hunting permit. Where a certificate of registration is issued pursuant to subsection (1), the superintendent may add the name of a person to the certificate if written permission is obtained from the holder of the certificate, where the certificate is issued on behalf of one person; the holder of the certificate and the second group member, where the certificate is issued on behalf of two persons; or the holder of the certificate and the majority of the other group members, where the certificate is issued on behalf of three or more persons. Where a certificate of registration is issued on behalf of three or more persons, the superintendent may remove the name of a person from a certificate of registration if he has a written request from the holder of the certificate; and written approval from a majority of the members of the group. [Repealed, SOR/80-52, s. 2] No person who is the holder of a licence or permit to trap from the Province of Alberta or the Northwest Territories shall be issued a trapping permit. hunt game unless he is the holder of a general hunting permit; or assist in hunting game unless he is the spouse, or child under 18 years of age, of the holder of a general hunting permit and is accompanied by the permit holder. No person shall, within a trapping area, hunt fur bearing animals, set traps, skin or prepare or assist in the skinning or preparation of pelts unless he holds a trapping permit and is named in a certificate of registration for that area or is the spouse, or child under 18 years of age, of the holder of a trapping permit for that area; he is an assistant, under an agreement entered into pursuant to section 11, of a person who holds a trapping permit and is named in a certificate of registration for that area; or he is authorized to take or kill fur bearing animals for scientific purposes pursuant to paragraph 56(1)(a) and has notified the holder of the certificate of registration for that area. An application for a general hunting permit, trapping permit or certificate of registration shall be made on a form supplied by the superintendent; and contain the information required by the form and any additional information requested by the superintendent. No general hunting permit, trapping permit or certificate of registration is valid unless it is signed by the person to whom it is issued; and in the case of a person signing by a mark, the mark is witnessed and the signature of the witness is endorsed thereon. A general hunting permit or trapping permit expires on the expiry date mentioned in the permit, or if no expiry date is mentioned, on the 30th day of June next following its date of issue. A certificate of registration expires at the end of the fifth permit year following the date of its issue. [Repealed, SOR/91-420, s. 3] The superintendent may refuse to renew a trapping permit and may, notwithstanding section 15, remove the name of the holder of the trapping permit from a certificate of registration if the holder did not, without reasonable excuse, engage in hunting and trapping fur bearing animals in any year in which the certificate of registration was in effect; and the superintendent has obtained the written agreement of the group leader or a majority of the group members of that trapping area in respect of which the certificate of registration was issued, as the case may be, for the refusal and removal. Where a person whose name is removed from a certificate of registration pursuant to subsection (1) was the holder of the certificate, the superintendent shall, if the certificate is issued on behalf of two or more persons, designate one of the other persons named in the certificate to be the holder thereof. Where a certificate of registration has expired, the holder of the certificate shall be given priority over other applicants for the renewal of the certificate if he applies for renewal within 60 days following the date of expiry. Where a certificate of registration has expired and has not been renewed, trapping permits shall not be issued for that trapping area. The holder of a certificate of registration shall furnish to the superintendent such returns and information respecting game and trapping and hunting operations of any person named in the certificate as the superintendent may reasonably require. The holder of a general hunting permit, trapping permit or certificate of registration shall, when requested to do so by a Park Warden, forthwith submit the permit or certificate to the Park Warden for inspection. Any person having possession of game shall, when requested to do so by the superintendent or a Park Warden, forthwith disclose the time and place of the capture, taking or killing of the game. Where the superintendent has reasonable grounds to believe that the holder of a general hunting permit, trapping permit or certificate of registration has violated these Regulations, he may suspend and take possession of the permit or certificate. A permit or certificate suspended pursuant to subsection (1) shall be reinstated and returned to the holder if the holder is acquitted of any charge laid as a result of the suspension; or no charges are brought within 30 days of the date of the suspension. Where the holder of a general hunting permit is convicted of a hunting offence, his permit shall be cancelled. Where the holder of a trapping permit is convicted of a trapping offence, his permit shall be cancelled. Where a permit is cancelled pursuant to subsection (1) or (2), the holder shall, immediately on conviction, deliver the permit to the superintendent. Where a trapping permit is cancelled, the name of the holder thereof shall be removed from the certificate of registration and, where he was the holder of a certificate of registration issued on behalf of two or more persons, the superintendent shall designate one of the other persons named in the certificate to be the holder thereof. A person whose permit is cancelled under subsection 30(1) or (2) shall not, for a period of 12 months following the date of conviction, obtain or be in possession of where the offence was a hunting offence, a general hunting permit; or where the offence was a trapping offence, a trapping permit. For the purposes of sections 30 and 31, trapping offence means any violation of paragraph 5(a), section 7 or 10, subsection 19(2), paragraph 37(1)(a) or (c), subsection 39(1), subsection 41(1), section 42 or 43, paragraph 45(b) or subsection 46(2) that involves a fur bearing animal, or any violation of paragraph 6(a), section 11, paragraph 37(1)(b) or subsection 50(3); (infraction ayant trait au piégeage) hunting offence means any violation of these Regulations that is not a trapping offence. (infraction ayant trait à la chasse) No person shall sell, transfer or assign a general hunting permit, trapping permit or certificate of registration. No person shall knowingly allow his general hunting permit, trapping permit or certificate of registration to be used by any other person. No person shall use the general hunting permit, trapping permit or certificate of registration of another person. No owner of a dog shall permit the dog to run at large or to chase or molest game; or use the dog for the purpose of hunting game. Where a dog is running at large or chasing or molesting game, a Park Warden may impound the dog or destroy the dog, if he cannot seize it. Where a Park Warden impounds or destroys a dog pursuant to subsection (2) he shall, if the name of the owner can readily be ascertained, forthwith notify the owner of the dog. An impounded dog shall not be released until the person claiming the dog has paid an impounding fee of $10 and a boarding fee of $5 for each day or part thereof that the dog has been impounded. Where the owner of an impounded dog is unknown or where the owner of an impounded dog does not claim the dog within five days from the date of notification pursuant to subsection (3), the dog may be disposed of in a manner satisfactory to the superintendent. Subject to subsection (2), no person shall be in possession of a firearm unless the firearm is unloaded and if the firearm is of a kind or model capable of being dismantled by taking apart and separating the barrel and stock, it is carried in a dismantled condition; or if the firearm is not of a kind or model capable of being dismantled, it is carried in a closed case or wrapped and tied securely in such manner as not to expose any part of the firearm. Subsection (1) does not apply to the holder of a general hunting permit; or a person authorized to take or kill game for scientific purposes pursuant to paragraph 56(1)(a). have a loaded firearm in or on a motor vehicle; or discharge a firearm from a motor vehicle. No person shall discharge a firearm or cause a shot, bullet or other missile to pass within two hundred metres of any building unless he is the owner or occupier of that building. No person shall discharge a firearm or cause a shot, bullet or other missile to pass along, across or within one hundred metres of the center line of any highway. No person shall, use a firearm of less than .23 calibre for the purpose of hunting big game; be in possession of ammunition that contains non-expanding or steel jacketed bullets; or use an automatic loading or recoil loading rifle of more than .22 calibre that has a capacity of more than five cartridges in the magazine. No person shall, for purposes of hunting or trapping, be in possession of a firearm capable of firing more than one bullet during one pressure of the trigger; a firearm that can be altered to operate as an automatic firearm; or a shotgun that is capable of holding more than three shells in the magazine and chamber combined unless the magazine has been permanently plugged or altered so as to reduce the capacity of the firearm to not more than three shells in the magazine and chamber combined. Subject to subsection 56(1), no person shall shoot fur bearing animals with a shotgun except a shotgun loaded with a single ball or bullet. No person shall, for purposes of hunting, use a search light, spot-light, flash light, jack light, night light, motor vehicle light or any other type of light. No person shall set a trap for an animal set out in Column I of Schedule II except during the open season set out in Column II opposite that animal. [Repealed, SOR/91-420, s. 4] Where a trap has been set during an open season, the person whose identification mark appears on the trap shall remove or spring the trap on or before the last day of the open season. Subject to subsection (2), no person shall remove, damage, spring or in any way interfere with a trap set by another person. The holder of a trapping permit may, if he discovers traps, snares or other trapping equipment within his trapping area that do not belong to him or to any other person lawfully authorized to trap within that area, remove them and shall forthwith deliver them to a Park Warden. No person shall leave a trap unattended for a period of time that is unreasonable and that allows the pelt or meat of a trapped animal to be wasted or spoiled. Subject to subsection (2), no person shall set out, use or employ a snare for trapping game, other than fur bearing animals; or set out, use or employ a snare without a locking device approved by the superintendent when trapping for fur bearing animals other than squirrel. The holder of a general hunting permit may trap hares with the use of a snare if the wire used for the snare is not heavier than No. 22 gauge. hunt by use or aid of an aircraft; take off in an aircraft or land an aircraft in the Park except as provided for in the National Parks of Canada Aircraft Access Regulations; or hunt big game in the Park within twenty-four hours of having flown over the Park. Subject to sections 51 and 52, no person shall offer for sale, sell, trade or barter any game; use as bait, in hunting or trapping operations, meat of game other than meat of fur bearing animals; or feed to dogs or other domestic animals meat of game, other than meat of fur bearing animals. No person who has killed or is in possession of any game in the Park shall allow the edible flesh thereof to be wasted, destroyed or spoiled. No person who has killed or is in possession of any fur bearing animal in the Park shall allow the skin or pelt thereof to be wasted, destroyed or spoiled. Subject to subsection (2), no person shall use poison for the purpose of taking or killing game or have in his possession any poison that may be used for that purpose. The Minister may authorize the use of poison for the taking or killing of game for scientific purposes pursuant to paragraph 56(1)(a). No person shall operate an oversnow vehicle in the Park unless it is registered, insured and equipped as required by the laws of the Province or Territory in which it is operated and it is used while engaged in trapping activities by a holder of a trapping permit or by the spouse or child under 18 years of age of a holder of a trapping permit; or its use is approved in writing by the superintendent and it is operated in accordance with such conditions and in such areas as the superintendent may specify. No person shall harass, injure, attempt to kill or kill game with an oversnow vehicle or any other motor vehicle. The superintendent is authorized to issue a trapper’s cabin permit to any person named in a certificate of registration. An application for a trapper’s cabin permit shall No person shall erect or alter any building, cabin or structure in the Park unless he does so under and in accordance with a trapper’s cabin permit. The superintendent may refuse to issue a trapper’s cabin permit if the proposed trapper’s cabin is not compatible in design or size with the proposed location. Where a person’s name has been removed from a certificate of registration, he shall, if notified by the superintendent, sell, remove or otherwise dispose of any building, cabin or structure or improvements thereto that he owns and that is located on the trapping area to which the certificate applies within one year of being notified to do so by the superintendent. Where an owner does not sell, remove or otherwise dispose of property as required pursuant to subsection (5), the superintendent may dispose of the property and any costs incurred shall be paid by the owner. The owner or occupant of a building, cabin or structure for which a trapper’s cabin permit has been issued shall maintain the immediate area of the building, cabin or structure in a condition satisfactory to the superintendent. No person shall sell, trade or barter the skin or pelt of a fur bearing animal unless the following requirements are met: the person has paid any tax or royalty imposed on the skin or pelt, as required by the laws of a province or ordinances of a territory, in the province or territory in which the fur bearing animal was trapped; and if the skin or pelt is transported across a provincial or territorial boundary before being sold, traded or bartered, the person holds the permit required under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. No person, either by himself, his servant or agent, shall buy, sell, deal, exchange, barter, solicit or traffic the skin, pelt or any part thereof of any fur bearing animal or conduct a transaction involving the skin, pelt or any part thereof unless he obtains a licence authorizing him to do so issued pursuant to the National Parks Businesses Regulations*. [Note: The National Parks Businesses Regulations, referred to in section 52, have been replaced by the National Parks Businesses Regulations, 1998 (SOR/98-455). The title of the latter regulations was later replaced by “National Parks of Canada Businesses Regulations” (see section 1 of the Regulations Amending the National Parks Businesses Regulations, 1998, SOR/2002-370).] [Repealed, SOR/2018-250, s. 15] Subject to subsection (2) and notwithstanding section 14 of the National Parks Fishing Regulations, a person may net fish in non-stocked waters for indigenous species of fish for himself, his dependants and his dogs for use while residing within the boundaries of the Park if he is the holder of a trapping permit and is actively engaged in trapping; or he is the holder of a general hunting permit and has obtained the written permission of the superintendent. The superintendent shall grant the permission referred to in paragraph (1)(b) if it is necessary for the livelihood of the person to whom it is granted. Where there is a dispute in connection with a registered trapping area, a Park Warden shall make a decision with respect to that dispute. An aggrieved party may appeal a decision of the Park Warden to the superintendent by giving notice of appeal within 30 days of the decision of the Park Warden. The superintendent shall fix the time for hearing the appeal within 60 days of the receipt of notice under subsection (2), unless a longer time is required due to the circumstances of the case. The superintendent is authorized to grant permission to any person to take or kill game within the Park for scientific purposes; to take or destroy any game, if it is necessary for the purposes of game management; to sell or otherwise dispose of any products resulting from game taken, killed or destroyed under paragraphs (a) and (b); or to destroy any game that presents a hazard to public safety or to property. The superintendent is authorized, by notice, to alter the open seasons and bag limits for any game set out in Schedule II if emergency conditions prevail; or unusual climatic conditions arise. Despite any other provision of these Regulations, in respect of any area in the Park where hunting, trapping or the possession of firearms might endanger the safety of the public or in respect of any area in the Park if it is necessary for management of the Park, the superintendent is authorized, by notice, to restrict or prohibit hunting or trapping; prohibit the possession of firearms; or specify the conditions under which a person may possess firearms. Every notice issued pursuant to subsection (2) or (3) shall be posted by the superintendent in conspicuous places in the Park. No person shall hunt, trap or be in possession of firearms, contrary to a notice issued pursuant to subsection (2) or (3). [Repealed, SOR/2018-250, s. 20] The whooping crane nesting area lies within the following boundaries: Commencing at a point one mile west on Northwest Territories Highway No. 5 from the crossing of said highway across the Little Buffalo River and 180 metres north of the edge of the cleared right-of-way of said highway, thence in a north westerly direction parallel to said highway to a point 180 metres east of the centre of the main channel of the Nyarling River; thence in a north easterly direction parallel to the centre of the main channel of the Nyarling River to its intersection with a line drawn 180 metres west of and parallel to the centre of the main channel of the Little Buffalo River; thence in a south easterly direction parallel to and 180 metres west of the centre of the main channel of the Little Buffalo River to the centre of the main channel of Seton Creek; thence in a south westerly direction following the centre of the main channel of Seton Creek to a point due North of the commencement point; thence due South to the commencement point. Commencing at a point due south of the most south easterly corner of the whooping crane nesting area described in Part A of this Schedule and 180 metres south of the edge of the cleared right-of-way of the Northwest Territory Highway No. 5; thence in a north westerly direction parallel to the said highway to a point due north of the most northerly extention of Sass Lake and 180 metres south of the cleared right-of-way of the said highway; thence due south to the most northerly extention of Sass Lake; thence in a south easterly direction along the shore of Sass Lake to the most easterly extension of Sass Lake, thence in a south easterly direction to a point 180 metres north of the centre line of the tributary of the Little Buffalo River; thence in a north easterly direction parallel to the centre line of the said tributary and 180 metres north of the said centre line to a point 180 metres west of the centre line of the Little Buffalo River; thence in a north westerly direction parallel to the centre line of the Little Buffalo River and 180 metres west to the commencement point. Item 13 — Bag limit does not apply to a person who holds a trapping permit and is residing on his trapline