The Outfitter and Guide Regulations, 1996

Transcription

1 1 The Outfitter and Guide Regulations, 1996 Repealed by Chapter N-3.1 Reg 3 (effective March 24, 2004). Formerly Chapter N-3.1 Reg 2 (effective May 8, 1996) as amended by Saskatchewan Regulations 63/2001. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents TITLE AND INTERPRETATION 1 Title 2 Interpretation OUTFITTER S LICENCE 3 Outfitter s licence required 4 Application for an outfitter s licence 5 When minister may issue outfitter s licence 6 Minister may refuse to issue licence 7 Terms of an outfitter s licence 8 Duration of licence, etc. 9 Amendment, suspension, etc. AMENDMENT, SUSPENSION AND REVOCATION 10 Minister to provide notice 11 Relevant considerations 12 Decision final GENERAL 13 Obligations of outfitter 14 Prohibition re certain activities REPEAL AND COMING INTO FORCE 15 R.R.S. R Reg 2 repealed Appendix Table 1 Fees Table 2 Enactments

3 3 CHAPTER The Natural Resources Act TITLE AND INTERPRETATION Title 1 These regulations may be cited as The Outfitter and Guide Regulations, Interpretation 2 In these regulations: (a) base camp means a permanent or fixed facility from which an outfitter operates an outfitting service and provides accomodation and from which the outfitter s outcamps, day-use lakes and caches, if any, are operated and supplied, and includes private residences; (b) client means a person to whom an outfitter provides an outfitting service or a guide employed by an outfitter provides a guiding service; (c) equipment includes boats, canoes and other water vessels, aircraft, vehicles, motors, fuel, fishing and hunting gear and any other equipment for use in: (i) hunting, taking or catching wildlife; or (ii) angling, taking or catching fish; (d) fish means fish as defined in The Fisheries Act (Saskatchewan), 1994; (e) guide means a person who provides a guiding service; (f) guiding service means the provision of direction, assistance, guidance or expertise where they are provided: (i) for the purpose of assisting a person in hunting, taking or catching wildlife or in angling, taking or catching fish; and (ii) with the promise or expectation of, remuneration, economic or material gain, business or employment benefit or any other benefit or gain; (g) outcamp means a facility at which an outfitter operates an outfitting service and provides accommodation and that is operated in conjunction with the outfitter s base camp; (h) outfitter means a person who provides an outfitting service; (i) outfitter s licence means a licence issued pursuant to these regulations; (j) outfitting service means the provision of guiding services or guiding services and equipment where they are provided:

4 4 (k) (i) for the purpose of assisting a person in hunting, taking or catching wildlife or in angling, taking or catching fish; and (ii) with the promise or expectation of, remuneration, economic or material gain, business or employment benefit or any other benefit or gain; wildlife means: (i) a vertebrate animal of any species, excluding fish, that is wild by nature in Saskatchewan; and (ii) any part of an animal mentioned in subclause (i). 17 May 96 cn-3.1 Reg 2 s2. OUTFITTER S LICENCE Outfitter s licence required 3(1) No person shall, without an outfitter s licence: (a) act as an outfitter; or (b) advertise or promote an outfitting service in Saskatchewan. (2) A person is not required to hold an outfitter s licence while providing guiding services, if that person provides the guiding service while employed by another person who holds an outfitter s licence. (3) An outfitter s licence may be endorsed for one or more of the following: (a) angling; (b) big game hunting; (c) game bird hunting. (d) the hunting of any wildlife species set out in the endorsement. (4) No outfitter shall provide an outfitting service respecting any activity mentioned in subsection (3) unless his, her or its outfitter s licence is so endorsed. 17 May 96 cn-3.1 Reg 2 s3; 24 Aug 2001 SR 63/2001 s3. Application for an outfitter s licence 4(1) An application for an outfitter s licence or for the renewal of an outfitter s licence is to be in a form specified by the minister and is to include any information that the minister may require. (2) No person shall apply for or hold more than one outfitter s licence at any time. 17 May 96 cn-3.1 Reg 2 s4.

5 5 When minister may issue outfitter s licence 5 The minister may issue an outfitter s licence to an applicant or renew an outfitter s licence where: (a) in the case of an individual, the applicant is 18 years of age or older; (b) the application is accompanied by the licence fees determined in accordance with Table 1 of the Appendix; and (c) the applicant has a base camp in Saskatchewan. 17 May 96 cn-3.1 Reg 2 s5. Minister may refuse to issue licence 6 The minister may refuse to issue an outfitter s licence to an applicant where: (a) the applicant has been convicted for a contravention of an enactment mentioned in Table 2 of the Appendix; (b) the applicant is in arrears in any payment respecting an indebtedness to the Crown in right of Saskatchewan; or (c) the minister, after considering the matters mentioned in section 11, is of the opinion that the refusal to issue the outfitter s licence is necessary in the public interest. Terms of an outfitter s licence 7 The minister may issue or renew an outfitter s licence subject to any terms respecting the following: (a) the type of hunting or angling with respect to which the outfitter is authorized to provide an outfitting service; (b) the assigned outfitting area, including land and bodies of water, with respect to which the outfitter is authorized to provide an outfitting service; (c) the number of clients to which the outfitter may annually or at any time provide an outfitting service; (d) the quantity and type of equipment to be used in connection with an outfitting service; (e) the species of wildlife or fish and the number of each species that may be taken annually in connection with an outfitting service; (f) the times of the year when the outfitter may carry out all or any portion of an outfitting service; (g) the type of hunting, if any, for which a firearm may be carried by the outfitter while providing an outfitting service or by a guide employed by the outfitter while providing a guiding service on behalf of the outfitter; (h) any other matter the minister may consider appropriate.

6 6 Duration of licence, etc. 8(1) Every outfitter s licence expires on the March 31 following the date on which it was issued unless it is previously surrendered by the outfitter or suspended or revoked pursuant to these regulations. (2) A person s outfitter s licence is automatically revoked where the person sells or otherwise disposes of the person s base camp. (3) Subsection (2) does not apply where the base camp is the person s private residence. (4) Where an outfitter s licence has been issued to a person who sells or otherwise disposes of any of the person s outcamps, the person, within 30 days after the sale or other disposition, shall advise the minister and the minister shall amend the outfitter s licence. (5) An outfitter s licence is not transferable. Amendment, suspension, etc. 9(1) The minister may amend an outfitter s licence at the request of an outfitter where: (a) the outfitter has made the request in writing; (b) the minister considers it appropriate to do so; and (c) the fee mentioned in Table 1 of the Appendix has been paid. (2) The minister may amend, suspend or revoke an outfitter s licence, or refuse to renew an outfitter s licence, on the minister s own initiative where: (a) in the minister s opinion, the outfitter has contravened any term imposed on the licence or any provision of these regulations; (b) the outfitter has been convicted for a contravention of an enactment mentioned in Table 2 of the Appendix; (c) an employee of the outfitter has been convicted for a contravention of an enactment mentioned in Table 2 of the Appendix; (d) the outfitter has not provided an outfitting service for two consecutive years; or (e) the minister, after considering the matters mentioned in section 11, is of the opinion that the amendment, suspension, revocation or refusal to renew is necessary in the public interest. (3) Where the minister revokes or refuses to renew an outfitter s licence, the minister may prohibit the person from applying for an outfitter s licence for a period not exceeding five years.

7 7 Minister to provide notice 10(1) Before suspending or revoking an outfitter s licence, refusing to renew a licence or renewing or amending an outfitter s licence on different terms that, in the minister s opinion, may affect the outfitter in a material manner, the minister shall provide that outfitter with: (a) reasonable notice of the proposed changes, including written reasons; and (b) an opportunity to make written representations to the minister. (2) Where a renewal or amendment may, in the minister s opinion, affect another outfitter in a material manner, the minister shall provide that outfitter with: (a) reasonable notice of the proposed changes, including written reasons; and (b) an opportunity to make written representations to the minister. (3) The minister may, where he or she considers it appropriate, provide an outfitter mentioned in subsection (1) or (2) with an opportunity to make oral representations to the minister at a time and place directed by the minister. (4) Where an outfitter is provided with an opportunity to make oral representations, the rules of evidence do not apply and the minister may: (a) adjourn or change the date and time for making the oral representations; and (b) make any decision or take any action the minister considers appropriate if the outfitter fails to attend at the date and time for the oral representations. (5) Where, in the opinion of the minister an emergency exists, the minister may revoke, suspend, amend or refuse to renew an outfitter s licence without complying with this section. Relevant considerations 11 When suspending, revoking, renewing, refusing to renew or amending an outfitter s licence, the minister may consider any one or more of the following: (a) natural resource issues arising from severe winter kill, fire, disease, drought or other matters; (b) the management and conservation of natural resources for the purposes of reducing conflict respecting those natural resources or adjusting the demand on those natural resources by outfitters; (c) the topographical features of the land where licensed outfitters have assigned outfitting areas; (d) the cultural, ecological or other characteristics of areas where outfitting services take place or may take place; (e) the safety of outfitters, clients and the public, including the proximity of an assigned outfitting area of an outfitter to the assigned outfitting area of another outfitter;

8 8 (f) the available access to an assigned outfitting area; (g) the location of an outfitter s permanent or fixed facilities; (h) the demonstrated use by an outfitter of an assigned outfitting area; (i) any other matter the minister considers relevant respecting the management, conservation and development of natural resources. Decision final 12 A decision by the minister to revoke, suspend, amend, renew or refuse to renew an outfitter s licence, or to prohibit a person from applying for an outfitter s licence, is final and conclusive and no proceedings by or before the minister may be restrained by injunction, prohibition or other proceedings or removable by certiorari or otherwise by any court. Obligations of outfitter 13 Every outfitter shall: GENERAL (a) place his, her or its outfitting service s name or a distinguishing identifier agreed to by the minister in a visible location on all boats, canoes and other water vessels, aircraft and vehicles used for transportation by the outfitter in connection with his, her or its outfitting service; (b) ensure that all wildlife and fish taken or caught by his, her or its clients are identified as belonging to the client or group of clients who took or caught the wildlife or fish; (c) keep a written record of the names and addresses of all clients; (d) at the request of an officer, make available for inspection a written record, satisfactory to the minister, of: (i) the number of each species of wildlife and fish taken or caught by his, her or its clients; and (ii) the location in which the wildlife and fish were taken or caught by his, her or its clients; (e) ensure that every guide employed by him or her carries documentation, in a form satisfactory to the minister, evidencing the guide s authority to act as a guide for the outfitter; and (f) where clients are required to be guided while hunting pursuant to The Wildlife Act or the regulations made pursuant to that Act, provide or ensure that every guide employed by him or her provides a guiding service to no more than three clients at any one time. 17 May 96 cn-3.1 Reg 2 s13.

9 9 Prohibition re certain activities 14(1) No outfitter shall: (a) contravene the terms of his, her or its outfitter s licence; (b) knowingly provide false information to the minister or an officer; or (c) fail to produce an outfitter s licence at the request of an officer. (2) No outfitter or guide while employed by an outfitter shall: (a) exercise any hunting or angling privilege while providing a guiding service; (b) restrict or attempt to restrict access by any other person to vacant Crown land or wildlife or fish resources; (c) aid, abet, counsel or procure any other person to commit a contravention of an enactment mentioned in Table 2 of the Appendix; or (d) fail to report a perceived contravention of an enactment mentioned in Table 2 of the Appendix by a client during a period when an outfitting service is being provided. 17 May 96 cn-3.1 Reg 2 s14. REPEAL AND COMING INTO FORCE R.R.S. R Reg 2 repealed 15 The Outfitter and Guide Regulations, 1988 are repealed. Appendix TABLE 1 [Sections 4 and 9] Fees 17 May 96 cn-3.1 Reg 2 s15. LICENCE FEE FOR PERIOD ENDING MARCH 31 Administration fee for a first-time licence... $300 Licence fee including one endorsement Fee for each additional endorsement Outcamp fee, per outcamp Day-use lake* fee, per lake AMENDMENT FEE Licence amendment, per each approved request *Day-use lake means a location, with no accommodation, at which an outfitter provides an outfitting service respecting fishing and that is used in conjunction with the outfitter s base camp. 17 May 96 cn-3.1 Reg 2 Table 1; 24 Aug 2001 SR 63/2001 s5.

10 10 TABLE 2 [Sections 6, 9 and 14] Enactments The following are the enactments for the purposes of sections 6, 9 and 14: (a) these regulations; (b) the provisions of the Criminal Code respecting firearms or mischief; (c) The Ecological Reserves Act or any regulations made pursuant to that Act; (d) The Environmental Management and Protection Act and any regulations made pursuant to that Act; (e) The Fisheries Act (Saskatchewan), 1994 and any regulations made pursuant to that Act; (f) the Fisheries Act (Canada) and any regulations made pursuant to that Act; (g) The Forest Resources Management Act and any regulations made pursuant to that Act; (h) The Litter Control Act and any regulations made pursuant to that Act; (i) the Migratory Birds Convention Act, 1994 (Canada) and any regulations made pursuant to that Act; (j) The Parks Act and any regulations made pursuant to that Act; (k) The Prairie and Forest Fires Act, 1982 and any regulations made pursuant to that Act; (l) The Provincial Lands Act and any regulations made pursuant to that Act; (m) The Wildlife Act, 1998 and any regulations made pursuant to that Act; (n) The Wildlife Habitat Protection Act and any regulations made pursuant to that Act. 24 Aug 2001 SR 63/2001 s5. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2001