Wildlife Act

(1) In this Act,

"beneficiary" means

"big game" means species of wildlife prescribed as big game, or an individual of a species of big game; (gros gibier)

"conservation" means the management and protection of wildlife and habitat, and their use in a manner that promotes their continued survival and maintains ecosystem integrity; (conservation)

"conservation area" means an area of the Northwest Territories designated under subsection 89(1) as a conservation area; (aire de conservation)

"derivative" in respect of wildlife means a substance derived from or produced by wildlife; (produit)

"dwelling place" means

"edible" in respect of parts of wildlife means parts that are fit for human consumption; (comestible)

"for profit" means for money or money’s worth, or in the expectation, hope or possibility of money or money’s worth; (contre rémunération)

"fur-bearers" means species of wildlife prescribed as fur-bearers, or individuals of a species of fur-bearer; (animaux à fourrure)

"game" means big game, small game and fur-bearers, or individuals of those species; (gibier)

"habitat" means the area or type of site where a species or an individual of a species of wildlife naturally occurs or on which it depends, directly or indirectly, to carry out its life processes; (habitat)

"harvest", "harvesting" in respect of wildlife or its parts or derivatives includes any of the following actions, whether or not wildlife is wounded, killed or captured:

"harvester" means a person who hunts or otherwise harvests wildlife; (récoltant)

"hunt", "hunting" in respect of wildlife includes any of the following actions while in possession of a firearm, bow and arrow or crossbow, whether or not wildlife is wounded or killed:

"hunting licence" means a licence established under subsection 24(1); (permis de chasse)

"land claims agreement" means

"licence" means a licence issued under this Act or the regulations except where otherwise specified; (permis)

"local harvesting committee" means one of the following bodies or organizations that represents persons with Aboriginal or treaty rights to harvest wildlife, in respect of the exercise of those rights at a local level:

"management zone" means an area of the Northwest Territories designated under subsection 88(1) as a management zone; (zone de gestion)

"non-resident" means

"non-resident alien" means a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act (Canada); (étranger non-résident)

"non-resident alien hunting licence" means a hunting licence established under paragraph 24(1)(c); (permis de chasse pour étranger non résident) "non-resident hunting licence" means a hunting licence established under paragraph 24(1)(b); (permis de chasse pour non-résident)

"officer" means an officer appointed under section 107 or a person who, by virtue of his or her office, is an officer under subsection 106(3) or is designated as an officer under subsection 108(1); (agent)

"other authorization" means an authorization to engage in an activity in relation to this Act or the regulations except where otherwise specified; (autre autorisation)

"permit" means a permit issued under the regulations except where otherwise specified; (licence)

"private lands" includes

"proper identification" means identification referred to in section 19; (identification régulière)

"renewable resources board" means a board or other body established by or under a land claims agreement, that is composed of members who are designated, nominated or appointed by an Aboriginal organization, and members who are appointed by government, and that has authority respecting the management of wildlife and habitat in an area of the Northwest Territories; (office des ressources renouvelables)

"resident" means a person who is

"resident hunting licence" means a hunting licence established under paragraph 24(1)(a); (permis de chasse pour résident) "settlement area" means

"small game" means species of wildlife prescribed as small game, or an individual of a species of small game; (petit gibier)

"special harvester licence" means a hunting licence established under paragraph 24(1)(d); (permis spécial de récolte)

"Superintendent" means the Superintendent of Wildlife appointed under subsection 106(1); (surintendant) "tag" means an identification tag issued in accordance with this Act or the regulations that indicates an authorization to harvest an individual of a particular species of wildlife; (étiquette)

"treaty rights" includes rights that exist by way of land claims agreements referred to in paragraph (a) of the definition "land claims agreement"; (droits issus de traités)

"wildlife" means

(2) Subject to subsection (3) and the regulations, a person who is or has been temporarily absent from the Northwest Territories for a particular purpose is deemed not to cease to be ordinarily resident in the Territories if,

(3) Subject to the regulations, for the purposes of subsection (2) the maximum period of temporary absence is 12 months.

(1) The Government of the Northwest Territories and all persons and bodies exercising powers and performing duties and other functions under this Act shall do so in accordance with the following principles:

(2) In paragraph (1)(e), "local knowledge" includes a person’s knowledge about wildlife or habitat acquired through experience or observation.

(1) Renewable resources boards are the main instruments of wildlife management in areas of the Northwest Territories with land claims agreements.

(2) The authority of each renewable resources board is set out in the land claims agreement by or under which it was established.

(1) The Minister is responsible for the administration of this Act and the regulations.

(2) The Minister has responsibilities for the conservation and management of wildlife in the Northwest Territories.

(3) The Minister shall exercise his or her powers and perform his or her duties in a manner that is not inconsistent with land claims agreements.

(4) The Minister shall develop and implement policies and programs in a manner that promotes a coordinated, collaborative and integrated approach to the conservation and management of wildlife and habitat in the Northwest Territories.

(1) The Minister may, in writing, delegate to a person a power or duty of the Minister.

(2) A power or duty delegated under subsection (1) is subject to any limitations, terms and conditions specified in the delegation, and may not be subdelegated to another person unless the delegation expressly provides otherwise.

(1) The Minister may enter into agreements with local harvesting committees with respect to their involvement in the conservation and management of wildlife.

(2) For the purposes of this Act, the Minister may enter into an agreement with a band council, Métis council or other body or organization located in the Northwest Territories to designate the body or organization as a local harvesting committee in respect of Aboriginal harvesters who are not represented by a local harvesting committee referred to in paragraph (a) or (b) of the definition "local harvesting committee" in subsection 1(1).

(1) A person who has an Aboriginal or treaty right to harvest wildlife in an area of the Northwest Territories does not require a licence or permit to exercise that right in that area and is not required to pay a fee to do so.

(2) For greater certainty, persons referred to in subsection (1) include those from outside the Northwest Territories who have Aboriginal or treaty rights to harvest wildlife in areas of the Northwest Territories.

(1) The Minister may, with an Aboriginal organization that represents persons in respect of their rights under a land claims agreement to harvest wildlife, or in respect of their other treaty rights or Aboriginal rights to harvest wildlife, enter into an agreement respecting a form of identification that provides evidence that a person represented by the organization has an Aboriginal or treaty right to harvest wildlife in an area of the Northwest Territories.

(2) An agreement respecting a form of identification may address other matters that the Minister and the Aboriginal organization consider relevant, including the identification of persons harvesting in an area in accordance with an overlap or sharing agreement.

(1) A general hunting licence authorizes the person to whom it is issued to harvest game subject to

(2) For greater certainty, a person who has an Aboriginal or treaty right to harvest wildlife in an area of the Northwest Territories does not, under this Act, require a general hunting licence to exercise that right in that area.

(1) An application for a general hunting licence must be made in accordance with the regulations.

(2) An applicant shall provide the information required by the regulations.

(3) An applicant shall provide such additional information as the person issuing the general hunting licence may reasonably require to determine eligibility for the licence.

(4) In an application for a general hunting licence, the applicant has the onus of proving that he or she is eligible to hold the licence.

(1) The following hunting licences are established:

(2) Resident hunting licences, non-resident hunting licences and non-resident alien hunting licences authorize the persons to whom they are issued to hunt big game and to harvest small game subject to

(3) A special harvester licence authorizes the person to whom it is issued to harvest game subject to

(1) An application for a hunting licence must be made in the form approved by the Minister.

(2) An applicant shall provide the information required by the regulations and the prescribed licence fee.

(3) An applicant shall provide such additional information as the person issuing the hunting licence may reasonably require

(4) An applicant has the onus of proving that he or she is eligible to hold the hunting licence.

(1) A person is not eligible to obtain or hold a special harvester licence unless the application is recommended by

(2) A local harvesting committee, band council or Métis council that recommends the issuance of a special harvester licence may recommend that the Superintendent endorse specified conditions on the licence.

(3) A person who has not received a written response from a local harvesting committee, local band council or Métis council within 60 days after making a written request to the organization for a recommendation for a special harvester licence may, in writing, request the Minister to contact the organization to inquire about the status of the request.

(4) On receiving a request under subsection (3), the Minister may contact the local harvesting committee, local band council or Métis council to inquire about the status of the request.

(1) A person is not eligible to apply for, obtain or hold a hunting licence unless he or she has attained 12 years of age.

(2) An application for a hunting licence by a person who has not attained 18 years of age must be endorsed by his or her parent or guardian.

(3) It is a condition of a hunting licence issued to a person who has not attained 18 years of age that he or she be accompanied at all times while harvesting by a person who

(4) Notwithstanding subsections (2) and (3), the Superintendent may, in accordance with the regulations, grant an exemption to the requirement in subsection (2) and the condition in subsection (3).

(1) A person whose hunting licence is suspended by the Superintendent in accordance with the regulations, or by a court, is not eligible to apply for or obtain a hunting licence until the period of suspension expires.

(2) A person whose hunting licence is cancelled by the Superintendent in accordance with the regulations, or by a court, is not eligible to apply for, obtain or hold a hunting licence until any applicable conditions in the decision or order to cancel the licence are met.

(3) A person whose licence or permit to harvest wildlife in another jurisdiction is suspended by that jurisdiction, is not eligible to apply for, obtain or hold a hunting licence until the period of suspension expires.

(4) A person whose licence or permit to harvest wildlife in another jurisdiction is cancelled by that jurisdiction, is not eligible to apply for, obtain or hold a hunting licence until any applicable conditions in the decision or order to cancel the licence or permit are met.

(5) A person who is prohibited by court order from harvesting wildlife in another jurisdiction is not eligible to apply for, obtain or hold a hunting licence during the period of that prohibition.

(1) A person is not eligible to apply for, obtain or hold a resident hunting licence unless he or she is a resident.

(2) A person is not eligible to apply for, obtain or hold a resident hunting licence if he or she holds a hunting licence issued by another jurisdiction that may only be issued to a person who is ordinarily resident in that jurisdiction.

(1) A non-resident is eligible to apply for a non-resident hunting licence.

(2) A non-resident alien is eligible to apply for a non-resident alien hunting licence.

(3) Subject to the regulations, it is a condition of a non-resident hunting licence and a non-resident alien hunting licence that the licence holder, while hunting big game, be accompanied by a licenced guide.

(1) The Superintendent may issue a hunting licence.

(2) The Superintendent may endorse on a special harvester licence any terms and conditions recommended by the local harvesting committee, band council or Métis council that recommended the issuance of the licence.

(3) A hunting licence must be in the form approved by the Minister.

(1) The Superintendent may appoint employees of the Government of the Northwest Territories as vendors for the purpose of issuing hunting licences other than special harvester licences.

(2) Vendors appointed under subsection (1) shall adhere to directives issued by the Superintendent that relate to the issuance of hunting licences.

(1) The Superintendent may enter into agreements with persons or bodies with respect to the issuance of hunting licences, other than special harvester licences, and may authorize such persons or bodies to issue licences as vendors on behalf of the Government of the Northwest Territories.

(2) Vendors authorized under subsection (1) are entitled, in accordance with the regulations, to receive remuneration for issuing hunting licences.

(3) Vendors authorized under subsection (1) shall adhere to directives issued by the Superintendent that relate to the issuance of hunting licences.

(1) A person authorized to issue a hunting licence shall refuse to do so if

(2) A person authorized to issue a hunting licence may refuse to do so if the applicant had been required to pay a fine for contravening this Act or the regulations and the fine is outstanding.

(1) For the purposes of this section, "young harvester" means a harvester who has not attained 18 years of age.

(2) This section applies in respect of a young harvester who would, but for this section, require a hunting licence or general hunting licence to harvest wildlife.

(3) With the consent of his or her parent or guardian and subject to the regulations, a young harvester who is a resident may, without a hunting licence or general hunting licence, harvest game for which a hunting licence or general hunting licence is required,

(4) For greater certainty, if the entitlement or authorization to harvest held by a person described in paragraph (3)(a) is limited in any manner, such as by the requirement for a tag, or by a restriction on the amount of game that may be harvested, any game harvested by the young harvester is deemed to be harvested by the person supervising him or her.

(5) Notwithstanding paragraph (3)(b), a young harvester who is supervised by a person who has an Aboriginal or treaty right to harvest game in the area, or a general hunting licence,

(6) For greater certainty, this section shall not be construed as authorizing the transfer to a young harvester of

(1) In this section, "young harvester" means

(2) The following persons shall ensure that a young harvester complies in all respects with this Act and the regulations:

(1) Subject to section 17 and subsection (2) of this section, no person shall trap fur-bearers unless authorized to do so by a general hunting licence, a special harvester licence or a permit.

(2) Subsection (1) does not apply in respect of species of fur-bearers that are prescribed both as fur-bearers and as small game.

(1) The Minister shall ensure the development and delivery of harvester training courses that promote wildlife conservation and the safe and humane harvest of game and other prescribed wildlife.

(2) During the development of course materials, the Minister shall request advice from the following bodies or organizations for the area in which the course will be taught:

(1) Unless exempted by the regulations, a person shall not hunt or otherwise harvest wildlife until he or she has successfully completed an approved harvester training course.

(2) Unless exempted by the regulations, a person convicted of an offence for a contravention of a prescribed provision of this Act or the regulations may not obtain a hunting licence or general hunting licence, and shall not hunt or otherwise harvest under a hunting licence or general hunting licence, until he or she has successfully completed an approved harvester training course.

Harvesting in Settlement Areas and on Private Lands

(1) In this section, "private lands" means lands

(2) Subject to subsection (3), no person shall harvest wildlife on private lands, or access private lands for the purpose of harvesting wildlife, except with permission obtained in accordance with the procedure established by the person or body authorized to grant permission.

(3) Subsection (2) does not apply in respect of the following:

(4) Subject to subsection (5), no person shall harvest fur-bearers in a settlement area except with permission obtained in accordance with the procedure established by the person or body authorized to grant permission.

(5) Subsection (4) does not apply in respect of the following:

(6) A person who is granted permission in accordance with this section shall comply with any conditions included in the land claims agreement and on the form of permission.

(1) No person shall interfere with or obstruct a person lawfully engaged in harvesting wildlife.

(2) Subject to the regulations, no person shall remove, spring or otherwise interfere with a snare, deadfall, trap or similar device lawfully set by another person to harvest game, without the consent of that other person.

(1) Subject to section 17, no person shall, unless authorized by a licence or permit to do so, destroy, disturb or take

(2) Subject to section 17, no person shall, unless authorized by a licence or permit to do so, break into, destroy or damage a den, beaver dam or lodge, muskrat push-up or hibernaculum.

(1) Notwithstanding any other provision of this Act or the regulations but subject to subsection (4), a person may harvest and consume wildlife or take and consume the eggs of birds if it is necessary to prevent starvation of a person.

(2) Notwithstanding any other provision of this Act or the regulations but subject to subsection (4), a person may kill wildlife if it is necessary to prevent injury or death to a person.

(3) Notwithstanding any other provision of this Act or the regulations but subject to subsection (4) and any regulations specified as applying in respect of this section, a person may kill wildlife if it is necessary to prevent damage to property.

(4) Subsections (1), (2) and (3) do not provide a defence to a contravention of this Act or the regulations for a person who resorts to harvesting or killing wildlife as a result of his or her mismanagement.

(1) Subject to the regulations, no person shall harvest big game except with a firearm, bow and arrow or crossbow.

(2) Subject to the regulations, no person shall harvest small game except with a firearm, bow and arrow, crossbow, slingshot, net, snare, deadfall, trap or similar device.

(1) Subject to subsection (2) and the regulations, no person who has been on an aircraft while it was in flight shall harvest prescribed wildlife within a prescribed time period after the termination of the flight.

(2) Subsection (1) does not apply in respect of a regularly scheduled flight operated by a commercial airline company from one airport to another.

(1) No person shall possess game or other prescribed wildlife that is dead, or a part or prescribed derivative of it, unless

(2) A person who acquires possession of unlawfully harvested wildlife, or a part or prescribed derivative of unlawfully harvested wildlife, is not entitled to retain possession of it.

(1) Subject to subsection (2), no person shall intentionally feed big game, fur-bearers or other prescribed wildlife.

(2) Subsection (1) does not apply in respect of a person feeding wildlife lawfully kept in captivity or in circumstances permitted by the regulations.

(1) No person shall deposit, place or leave in, on or about land or premises food, food waste or another substance, if there is a reasonable likelihood that it could attract big game or other prescribed wildlife to the land or premises and endanger a person, a domestic animal or wildlife.

(2) Subsection (1) does not apply in respect of

(1) No owner or other person shall release, allow to escape or otherwise allow domestic animals or captive wildlife to run at large and harass big game or other prescribed wildlife, or to run at large in a way that is likely to endanger big game or other prescribed wildlife.

(2) Subject to the regulations, no person shall release a member of a prescribed species into habitat in which that species does not naturally occur.

(3) A person who contravenes subsection (1) or (2) shall make every effort to recover the domestic animal, wildlife or member of the species.

(4) A person who contravenes subsection (1) or (2) is not entitled to any compensation if the domestic animal, wildlife, or member of the species is harmed or destroyed, and the Government of the Northwest Territories has a right of action in damages against the person for any

(5) This section does not apply

(1) The Superintendent may issue a commercial licence or permit of a type established by the regulations.

(2) The Superintendent may endorse such conditions on a commercial licence or permit as he or she considers appropriate.

(1) A person who is issued a commercial licence or permit that is not transferable shall not purport to transfer it to another person.

(2) No person shall solicit or purport to receive a transfer of a commercial licence or permit that is not transferable, or a transfer of a right or privilege that it carries.

(3) A non-transferable commercial licence or permit that is purported to be transferred is void.

(1) Subject to the regulations, no person shall, without an outfitter licence issued in accordance with the regulations, provide or agree to provide, for profit, guides or equipment to a person for the harvest of big game or other prescribed wildlife.

(2) No outfitter shall, for profit, provide or agree to provide a guide who does not hold a guide licence issued in accordance with the regulations, to a person for the harvest of big game or other prescribed wildlife.

(3) No outfitter shall, for profit, provide guides or equipment to a person who requires a licence to hunt or otherwise harvest wildlife in respect of which the service is provided, unless the person is licenced to do so before the service is provided.

(1) No person shall, without a guide licence issued in accordance with the regulations, guide for profit a person who is harvesting big game or other prescribed wildlife.

(2) No licenced guide shall guide a person who is harvesting big game or other prescribed wildlife, unless section 17 applies or the person is licenced to hunt or otherwise harvest the wildlife in respect of which the service is provided.

(1) Subject to subsection (2) and the regulations, while providing guiding services no guide shall kill or wound, or attempt to kill or wound, big game or other prescribed wildlife.

(2) If a harvester has wounded wildlife and it appears that it may escape, a guide may assist the harvester to retrieve or kill the wildlife.

(1) No person who receives as a gift the meat of big game or other prescribed wildlife shall, without an export permit, export in excess of 10 kg of the meat.

(2) If an export permit is requested by a person to whom subsection (1) does not apply, because he or she receives the meat in accordance with an Aboriginal or treaty right, that person may receive the permit free of charge.

(1) Subject to subsection 86(1), no person shall, without a licence or permit, conduct research on wildlife or collect wildlife specimens for research.

(2) The Minister shall notify the renewable resources board for an area where research will be conducted or wildlife specimens will be collected, of all licences and permits issued for research and collection in that area.

(1) The Superintendent may, by written notice, exempt a person from the requirement for a licence or permit under section 84 or 85, if

(2) The Superintendent shall give a copy of an exemption notice issued under subsection (1) to the following bodies and organizations for the area where the activity is to take place:

(1) This section does not apply in respect of matters dealt with by section 62.

(2) Subject to the regulations, no person shall, without a permit, set out or use bait to attract big game or other prescribed wildlife.

(1) The Commissioner, on the recommendation of the Minister, may for the purpose of the conservation and management of wildlife, make regulations designating areas of the Northwest Territories as management zones with distinctive names or numbers.

(2) Management zones may overlap and may be subdivided.

(1) The Commissioner in Executive Council, on the recommendation of the Minister, may, for the purpose of the conservation of wildlife or of habitat important to its conservation, make regulations designating areas of the Northwest Territories as conservation areas with distinctive names or numbers.

(2) A regulation designating an area of the Northwest Territories as a conservation area may describe the time period or periods during which the area is a conservation area, and the circumstances under which the regulation applies.

(3) The Minister shall give notice to members of the Legislative Assembly at least 30 days before regulations are made designating a conservation area.

(1) Subject to subsection (2), a conservation area may only include private lands if the Minister is satisfied that a designation restricted to public lands is insufficient to meet conservation needs.

(2) Subsection (1) does not apply if the owner of private lands requests or agrees to the designation of a conservation area on those lands.

(1) Before the designation of a conservation area that includes private lands, the Minister shall

(2) An agreement may include, but is not limited to, provisions respecting

(3) If a conservation area includes private lands and an agreement is not reached, the Minister may, in accordance with the regulations, provide compensation to the owner of the lands for economic losses actually incurred as a result of any extraordinary effects of the designation.

(4) If the designation of a conservation area would affect federal land, the Minister shall consult with the Government of Canada before the designation is made.

(1) No person shall substantially alter, damage or destroy habitat.

(2) A person who establishes that he or she acted with legal justification in altering, damaging or destroying habitat shall not be convicted of an offence under subsection (1).

(1) The Government of the Northwest Territories has a right of action in damages against a person who, without legal justification, alters, damages or destroys habitat.

(2) Damages recoverable under subsection (1) include

(3) The posting of security in accordance with regulations does not affect the liability of a person for damages in excess of the amount of the posted security.

(1) A developer or other person or body may be required, in accordance with the regulations, to prepare a wildlife management and monitoring plan for approval by the Minister, and to adhere to the approved plan, if the Minister is satisfied that a development, proposed development, or other activity is likely to

(2) A wildlife management and monitoring plan must include

(3) If a developer or other person or body that is required to prepare a wildlife management and monitoring plan has, for a body under other legislation, prepared a plan that deals to the Minister’s satisfaction with part or all of the matters referred to in subsection (2), the Minister may accept that plan, or part of it, in place of part or all of the requirements under subsection (2).

(1) The Minister shall make a submission to the responsible body respecting the potential impacts of a proposed development on game, other prescribed wildlife or its habitat, if

(2) If an application for a land use permit or water licence is made in respect of a development that the Minister considers may affect game or other prescribed wildlife or its habitat, he or she shall, if granted standing, make a submission respecting the potential impacts of the proposed development on the wildlife or habitat to the body considering the application.

(3) If the Minister considers that the designation of a conservation area under subsection 89(1) may conflict with or be inconsistent with a provision under a land use plan or a proposed land use plan, the Minister shall make a submission to the appropriate land use planning body respecting the purpose and need for the conservation area, and may request that

(1) In this section,

"affected Aboriginal organization", in respect of an action of the Minister to respond to emergency circumstances that may affect an Aboriginal or treaty right to harvest wildlife, means the Aboriginal organization that represents persons in respect of their Aboriginal or treaty rights to harvest wildlife in the area where the rights may be affected; (organisation autochtone touchée)

"affected renewable resources board" means a renewable resources board for an area that may be affected by an action of the Minister to respond to emergency circumstances; (office des ressources renouvelables touché)

"emergency circumstances" means circumstances in respect of which a failure by the Minister to take immediate action is likely to cause serious or irreparable harm to wildlife or habitat, or to jeopardize public health or public safety. (cas d’urgence)

(2) The Minister may, in accordance with this section, take action in respect of the conservation or management of wildlife or habitat to respond to emergency circumstances.

(3) Before taking action to respond to emergency circumstances, the Minister shall notify affected Aboriginal organizations and affected renewable resources boards of the action being considered, and shall provide reasons for it.

(4) On taking action to respond to emergency circumstances, the Minister shall, as soon as is practicable,

(5) An action to respond to emergency circumstances must be an interim measure and, as soon as is practicable after taking such action, the Minister shall, for the purpose of assessment of the circumstances and review of the interim measure,

(6) The Minister may enter into agreements with renewable resources boards and Aboriginal organizations respecting procedures for notifying the boards or organizations of actions to respond to emergency circumstances.

(7) The Minister shall provide public notice of any action taken to respond to emergency circumstances and of the reasons for taking such action.

(1) The Minister may, by order, declare a species of wildlife or plant to be a pest, if he or she is satisfied that the species is likely to present a threat of harm to a species of wildlife or to habitat.

(2) The Minister may, by order, declare a disease or other condition suffered or transmitted by wildlife to be a reportable disease for the purposes of this Act and the regulations, if he or she is satisfied that the disease or condition is likely to present a threat of harm to a person, a domestic animal, wildlife or habitat.

(1) If an officer believes on reasonable grounds that the public safety is at immediate risk in an area because of the presence of wildlife, he or she may order that the area be closed to the public for the period specified in the order.

(2) An order made under subsection (1) expires no later than 48 hours after the time it was made, but an officer may, under that subsection, make a further order in respect of the area if he or she believes on reasonable grounds that the public safety continues to be at immediate risk.

(3) An officer shall, in accordance with the regulations, provide notice of an order made under this section.

(4) No person shall, without the written authorization of an officer, contravene an order made under this section.

(1) If an officer believes on reasonable grounds that dangerous wildlife is or may be attracted to land or premises, he or she may enter and inspect the land or premises in accordance with section 115.

(2) Subsection (1) does not authorize an officer to enter and inspect a dwelling place.

(3) If, on inspection, the officer believes on reasonable grounds that there is a risk to the public safety because food, food waste or another substance is attracting, or could attract, dangerous wildlife to the land or premises, the officer may order the owner, occupier or person in charge of the land or premises, to contain, move or remove the attractant within the time specified in the order.

(4) An order under subsection (3) may be made verbally, but must be confirmed in writing and delivered to the person to whom it is directed within 48 hours.

(5) Notwithstanding subsection (3), an order may not be made in respect of

(6) A person to whom an order is directed shall comply within the specified period.

(7) If a person fails to take any measures to comply with the order, an officer may take those measures or cause them to be taken.

(8) The Government of the Northwest Territories has a right of action in damages against a person who fails to comply with the order.

(9) Damages recoverable under subsection (8) include any costs incurred by the Government to take any measures or cause any measures to be taken under subsection (7).

(1) The Minister shall appoint a member of the public service as the Superintendent of Wildlife.

(2) The Superintendent may exercise the powers conferred and shall perform the duties imposed on him or her under this Act and the regulations.

(3) The Superintendent is, by virtue of his or her office, an officer.

(1) The Minister may, by order, designate classes of persons who, by virtue of their offices, are officers for the purposes of this Act and the regulations.

(2) Before designating a class of persons employed by a government other than the Government of the Northwest Territories as officers, the Minister shall obtain the agreement of that government.

(1) For the purposes of this Act and the regulations, an officer is a peace officer and has the powers and protections provided to a peace officer by law.

(2) An officer may administer all oaths and affirmations and take and receive all affidavits and statutory declarations required under this Act or the regulations, other than an oath or affirmation referred to in subsection (3), and may certify the administration or taking or receiving of them.

(3) An officer shall take and subscribe to an oath or affirmation in the following form, translated, if he or she so requests, into an Official Language of the Northwest Territories other than English or French: I, ............, solemnly (swear/affirm) that I will diligently, impartially and to the best of my ability, execute and perform the duties required of me as an officer, and will follow all lawful instructions that I receive as an officer, without fear of, or favour or affection toward any person. (So help me God/I so affirm).

(1) In exercising powers or performing duties under this Act or the regulations, an officer shall, on request, show the certificate referred to in subsection (2).

(2) An officer must be provided with a certificate, in the form approved by the Minister, certifying that he or she has been appointed or designated as an officer.

(1) An officer may request another person to assist him or her in exercising powers or performing duties under this Act or the regulations.

(2) The protections afforded under this Act to an officer extend to another person while and to the extent that the person is in the course of assisting the officer under the officer’s direction.

(1) An officer may, at any reasonable time, require a person whom the officer believes on reasonable grounds has in his or her possession any log books or other records respecting the operation of an aircraft in the Northwest Territories within the preceding three years for the transportation of big game or other prescribed wildlife, or for the transportation of persons in respect of the harvesting, possession or acquisition of big game or other prescribed wildlife, to produce the log books or records for the officer’s inspection.

(2) Subsection (1) does not apply in respect of log books and other records, or parts of log books or records, to the extent that they relate to the operation of an aircraft by a commercial airline company on a regularly scheduled flight directly from one airport to another.

(1) For the purpose of carrying out an inspection or a search under this Part, an officer may signal or otherwise direct the operator of a vehicle to stop the vehicle, or to move the vehicle to a location and stop it, and the operator shall immediately comply with the officer’s signal or direction and shall not proceed until permitted to do so by the officer.

(2) For the purposes of subsection (1), signals to stop include intermittent flashes of red or blue light, a hand signal, an audible request or a siren.

(3) This section does not apply in respect of an aircraft that is in flight.

(1) Subject to subsection (5), for the purpose of ensuring compliance with this Act or the regulations, an officer may, at any reasonable time, enter and inspect any place in which the officer believes on reasonable grounds there is a record or other thing to which this Act or the regulations applies, or a record or other thing relating to the administration of this Act or the regulations.

(2) In conducting an inspection under this section, an officer may

(3) In carrying out an inspection of a place under subsection (1), an officer may

(4) Any copying or further inspection done under paragraph (3)(d) must be carried out as soon as is practicable, and the record or other thing must be returned promptly to the person from whom it was taken.

(5) An officer may only enter a dwelling place with the consent of the occupant or under the authority of a warrant issued under section 116.

(1) If, on an ex parte application, a justice is satisfied by information on oath or affirmation that

the justice may issue a warrant authorizing an officer and any other named person to enter and inspect that dwelling place and exercise any power referred to in subsections 115(2) and (3), subject to any conditions that may be specified in the warrant.

(2) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant.

(1) If, on an ex parte application, a justice is satisfied by information on oath or affirmation that there are reasonable grounds to believe that there is in a place a record or other thing

the justice may issue a warrant, subject to any terms or conditions he or she considers necessary, authorizing an officer and any other named person to enter a place and search the place for any such thing and to seize it.

(2) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Part or as otherwise provided by law.

(3) In carrying out a search, an officer and any other named person who is authorized under this section to search a computer system or other electronic device for data may exercise any power referred to in subsection 115(3), and may seize any printout or other output or any copy made in the exercise of that power.

(1) A warrant issued under section 116 or 118 must specify a date on which it expires, which must not be later than 15 days after its issue.

(2) A warrant issued under section 116 or 118 may only be executed between 6 a.m. and 9 p.m., unless

(1) If, on an ex parte application, a justice is satisfied by information on oath or affirmation that there are reasonable grounds to believe that an offence under this Act or the regulations has been or will be committed, and that information concerning the offence will be obtained through the use of a technique, procedure, device or by the doing of the thing described in the information, the justice may issue a warrant authorizing an officer and any other named person to use any investigative technique or procedure, to use any device, or to do anything described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property.

(2) Section 487.01 of the Criminal Code, except to the extent that it restricts the kind of offences to which the section relates, applies in respect of a warrant issued under subsection (1), with such modifications as the circumstances require.

(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant and to deal with any record or other things seized in accordance with this Part or as otherwise provided by law.

(1) If an officer believes that an offence under this Act or the regulations has been committed and that it would be impracticable to appear personally to make an application for a warrant under section 116 or 118, the officer may submit an information on oath or affirmation to a justice by telephone or another means of telecommunication.

(2) A justice referred to in subsection (1) may issue a warrant conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom an officer appears personally under section 116 or 118, and section 487.1 of the Criminal Code applies with such modifications as the circumstances require.

(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Part or as otherwise provided by law.

(1) An officer may use as much force as is necessary to execute a warrant issued under section 118, 121 or 122, or to exercise a power provided by section 120 or 124.

(2) In executing a warrant issued under section 116, an officer may not use force unless the use of force has been specifically authorized in the warrant.

(1) An officer who is searching a place without a warrant under section 120 may seize any record or other thing that he or she believes on reasonable grounds

(2) If the officer is searching a place under the authority of a warrant, subsection (1) applies to any record or other thing referred to in that subsection, whether or not such a thing is specified in the warrant.

(3) An officer authorized to seize wildlife under subsection (1) or (2) may take a sample of the wildlife instead of seizing it, or may seize a part of the wildlife.

(1) An officer who has reasonable grounds to believe that wildlife is diseased may seize the wildlife for examination or testing.

(2) Notwithstanding any other provision of this Act, the Minister may direct the quarantine or disposal of wildlife that is found to be diseased on examination or testing by a laboratory or veterinarian recognized by the Minister.

(1) A justice shall order the return of a thing that has been seized, and that has not been forfeited, abandoned or sold under this Part, to the owner or other person lawfully entitled to possession of the thing, if the person is known, unless the prosecutor, or the officer or other person having custody of the thing, satisfies the justice that its detention is required for the purposes of any investigation, trial or other proceeding.

(2) If the prosecutor, or the officer or other person having custody of the thing seized, satisfies the justice that the thing should be detained for a reason set out in subsection (1), the justice shall order that it be detained until the conclusion of any investigation or until it is required to be produced for the purposes of a trial or other proceeding.

(3) Nothing shall be detained under the authority of subsection (2) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under subsection (1) is decided, unless

SNWT 2017,c.19,s.49.

(1) Notwithstanding section 130, a justice may order that

(2) An order made under paragraph(1)(d) respecting the disposition of an edible part of wildlife may include direction that the justice considers appropriate respecting distribution to members of the public.

(3) If a thing is sold the proceeds of the sale must be paid in the manner directed in the order.

(1) A person claiming to be the owner or other person lawfully entitled to the possession of a thing that has been seized under this Part may apply to a justice for an order returning or releasing the thing to the person.

(2) On an application under subsection (1), a justice may order a thing be returned or released to the person lawfully entitled to its possession if

(1) The owner or other person lawfully entitled to possession of a thing seized may abandon it to the Government of the Northwest Territories.

(2) The Minister may give directions for the disposition of a thing abandoned to the Government of the Northwest Territories.

(3) If proceeds are realized as a result of the disposition of a thing as directed under subsection (2), the Minister shall direct that the net proceeds realized from its disposition be payable to the owner or other person lawfully entitled to the possession of the thing, if

(1) An officer may arrest without warrant a person whom the officer believes on reasonable grounds is committing or has committed an offence under this Act or the regulations.

(2) An officer who arrests a person under this section shall, as soon as is practicable, release the person from custody, unless the officer believes on reasonable grounds that

(3) A person arrested and not released under this section must be brought before a justice to be dealt with according to law as follows:

(4) An officer may use as much force as is necessary to make an arrest under this section.

(1) Subject to subsection (3), an officer who is exercising powers or performing duties under this Act or the regulations, and a person assisting the officer, may enter on any land without being liable for trespass, and a person or body having title to the land, or any other interest or right in respect of the land, has no right to object to that use of the land.

(2) An officer or a person referred to in subsection (1) is liable only for actual damage wilfully or negligently caused by him or her.

(3) Entry on land under subsection (1) is subject to any conditions for access to lands set out in or determined under a land claims agreement.

(1) A person who holds a licence, permit or other authorization that relates to an activity that would otherwise be prohibited under this Act or the regulations, and that is issued under this Act or the regulations, or under any other Act of the Northwest Territories or an Act of Canada shall, at the request of an officer, produce the licence, permit or authorization to the officer for examination.

(2) If a person fails to produce for examination a licence, permit or other authorization when requested by an officer and the officer has reasonable grounds to believe that the person is acting without authority, the person shall cease the activity immediately upon request of the officer.

(1) No person shall make a false or misleading statement or provide false or misleading information in an application for a licence, permit or other authorization.

(2) No person shall make a false or misleading statement or entry or provide false or misleading information, in a report or other record required by this Act or the regulations.

(1) No person shall remove, alter, deface or destroy a sign or notice posted by an officer or by a person authorized by an officer.

(2) No person shall, without lawful authority, post a sign or notice purporting to prohibit or regulate activities in relation to wildlife or habitat.

(1) Subject to subsections (2), (3) and (4), every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence punishable on summary conviction, and except as otherwise provided, is liable

(2) A person is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $250,000, to imprisonment for a term not exceeding one year, or to both, if

(3) Every person who contravenes or fails to comply with this Act or the regulations under circumstances that involve or affect a listed species or a pre-listed species as defined in subsection 1(1) of the Species at Risk (NWT) Act, is guilty of an offence punishable on summary conviction, and is liable

(4) A person is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $1,000,000, to imprisonment for a term not exceeding one year, or to both if, under circumstances that involve or affect a listed species or a pre-listed species as defined in subsection 1(1) of the Species at Risk (NWT) Act,

(1) If a person is convicted of an offence a subsequent time, the maximum amount of the fine for that subsequent offence may be double the amount set out in subsections 148(1) to (4).

(2) If an offence under this Act or the regulations is committed on more than one day or is continued for more than one day, the offence is considered to be a separate offence for each day on which the offence is committed or continued.

(3) A fine imposed on conviction for an offence involving more than one individual, part or derivative of wildlife may be calculated as though each individual, part or derivative had been the subject of a separate complaint or information.

(4) If a court that convicts a person of an offence is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, and the additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

(1) Every person who attempts to do anything that would be an offence under this Act or the regulations is guilty of that offence.

(2) Every person who knowingly induces, aids or abets or attempts to induce, aid or abet another person to commit an offence under this Act or the regulations is guilty of an offence.

(1) A court that convicts a person of an offence may, in addition to any other penalty imposed, order that a thing seized in connection with the offence and not otherwise forfeited, returned or disposed of under this Act, or any proceeds of its disposition, be forfeited to the Government of the Northwest Territories.

(2) A convicting court that does not order forfeiture under subsection (1) may order that a thing referred to in that subsection, or any proceeds of its disposition, be returned to its owner or the person lawfully entitled to its possession.

(1) The prosecutor, or a person to whom an order made under section 157 is directed, may apply to the court for variation of it.

(2) Before hearing an application under subsection (1), the court may order the applicant to give notice of the application in accordance with directions of the court.

(3) The court may, on an application under subsection (1) and if it considers variation appropriate because of a material change in circumstances, make an order

(4) If an application has been heard by the court under subsection (1), no other application may be made in respect of the same order except with leave of the court.

(1) If a person is convicted of an offence under this Act or the regulations and the court suspends the imposition of sentence, the court may make an order under section 157.

(2) If a person whose sentence has been suspended fails to comply with an order made under section 157, or is convicted of another offence under this Act or the regulations within the period during which the order is to remain in effect, a court may, on the application of the prosecutor, impose any sentence that could have been imposed had the sentence not been suspended.

(1) A court that convicts a person of an offence described in subsection (2) may order that

(2) Subsection (1) applies in respect of

(1) A court that convicts a person of an offence may, in addition to any penalty imposed under section 160, order that during a period specified in the order the person shall not apply for, obtain, hold, possess or renew a licence, permit or other authorization of a kind that is related to the offence, as specified by the court.

(2) A court that makes an order under subsection (1) in respect of a kind of licence, permit or other authorization that the person holds at the time the order is made shall order that the licence, permit or authorization be cancelled.

(1) In a prosecution or in any other proceeding under this Act or the regulations in which proof is required as to

a statement signed by the Minister certifying as to those facts is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement and is, without proof of the Minister’s appointment or signature, proof of the authority of the Minister.

(2) In a prosecution or in any other proceeding under this Act or the regulations, a statement signed by a person in charge, or by an assistant or person acting in the place of the person in charge, of any laboratory or meteorology station operated, supported or certified by

is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement and of the authority of the person who signed the statement.

(3) In any proceedings under this Act or the regulations, a certificate signed by the Superintendent stating that wildlife

is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and of the authority of the Superintendent without further proof of the appointment or signature of the Superintendent.

(1) In a prosecution under this Act or the regulations, the burden of proving that an exemption, exclusion, exception, excuse or qualification under this Act or the regulations operates in favour of the accused is on the accused, and the prosecutor is not required to prove the contrary except by way of rebuttal.

(2) If holding a licence, permit or other authorization is a defence to a prosecution of an offence under this Act, the accused has the burden of proving that he or she held the licence, permit or authorization at the material time.

(1) Alternative measures may be used to deal with a person alleged to have committed an offence if the following conditions are met:

(2) Alternative measures must not be used to deal with a person alleged to have committed an offence if the person

(3) No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings.

(4) Alternative measures may include the making of an agreement containing any terms and conditions, including terms and conditions

(5) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, and does not prevent a person from laying an information, obtaining the issue or confirmation of a process, or proceeding with the prosecution of an offence in accordance with the law.

(6) Notwithstanding subsection (5), if a charge is laid against a person in respect of an offence that is dealt with through alternative measures, the court shall dismiss the charge

(1) Notwithstanding a person’s right of access to information under subsection 5(1) of the Access to Information and Protection of Privacy Act, the Minister may direct that information not be disclosed under that Act, or under any provision of this Act that permits or requires information in any form to be provided or made available, if

(2) For greater certainty, the exception to disclosure in subsection (1) applies in addition to the exceptions to disclosure under Division B of Part 1 of the Access to Information and Protection of Privacy Act.

(1) Where, under a land claims agreement, the Minister is required to respond to a decision or recommendation of a renewable resources board, the Minister shall

(2) Notwithstanding paragraph (1)(b), the Minister may extend the time period referred to in that paragraph by 30 days on providing the renewable resources board with written notice that sets out the reason for the extension.

(3) On acceptance of a decision or recommendation that requires implementation by the Government of the Northwest Territories, or on receipt from a renewable resources board of a determination that requires implementation by the Government of the Northwest Territories, the Minister shall

(4) If a decision, recommendation or determination referred to in subsection (3) is not fully implemented within one year after acceptance of the decision or recommendation, or receipt of the determination, the Minister shall provide the renewable resources board with written reasons and a schedule for completion.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(z.26.a) respecting exceptions to section 62.1 and prescribing wildlife and time periods for the purpose of that section;

(2) A regulation made under this Act may

(1) In this section, "former Act" means the Wildlife Act, R.S.N.W.T. 1988, c.W-4.

(2) On the coming into force of this section,

(3) A person holding a general hunting licence under paragraph 15(a) or (b) of the former Act does not lose his or her eligibility to hold the licence under this Act on the ground that the eligibility requirements to apply for, obtain and hold the licence under section 22 of this Act may differ from the eligibility requirements for that person under the former Act.

(1) The areas of the Northwest Territories that are critical wildlife areas described in the Schedule to the Critical Wildlife Areas Regulations, R.R.N.W.T. 1990, c.W-3, as those regulations read before the coming into force of this section, are deemed to be designated as conservation areas under subsection 89(1) of this Act.

(2) The areas of the Northwest Territories that are wildlife sanctuaries described in the Schedule to the Wildlife Sanctuaries Regulations, R.R.N.W.T. 1990, c.W-20, as those regulations read before the coming into force of this section, are deemed to be designated as conservation areas under subsection 89(1) of this Act.

(3) The areas of the Northwest Territories that are wildlife preserves described in the Schedule to the Wildlife Preserves Regulations, R.R.N.W.T. 1990, c.W-18, as those regulations read before the coming into force of this section, are deemed to be designated as conservation areas under subsection 89(1) of this Act.

(2) Members of the Royal Canadian Mounted Police and officers appointed under section 107 of the Wildlife Act are, by virtue of their offices, inspectors.

(2) Members of the Royal Canadian Mounted Police and officers appointed under section 107 of the Wildlife Act are, by virtue of their offices, forest management officers.

(2) Members of the Royal Canadian Mounted Police and officers appointed under section 107 of the Wildlife Act are, by virtue of their offices, officers for the purposes of this Act.