The Game Act. being. Chapter G-1 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979).

Transcription

1 The Game Act being Chapter G-1 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). 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 Table of Contents 1 Short title SHORT TITLE INTERPRETATION 2 Interpretation ADMINISTRATION 3 Department to administer Act 4 Deputy wildlife officer 5 Advisory committee 6 Property in game 7 Capturing, destroying or disturbing game INDIAN HUNTING FOR FOOD 8 Hunting by Indians on unoccupied Crown lands, etc. GAME PRESERVES AND BIRD SANCTUARIES 9 Hunting, trapping, etc., prohibited 10 Prohibition re usable firearms, etc., in certain areas RESTRICTIONS ON HUNTING 11 Prohibitions against hunting game 12 Wild birds 13 Protecting domestic stock 14 Special permits for food 15 Protection of property 16 Hunting on certain days 17 Hunting game on Sunday prohibited 18 Hunting at night prohibited 19 Use of certain lights for hunting prohibited 20 Hunting near buildings, etc. 21 Hunting on enclosed and occupied lands 22 Discharging guns, etc. along or across certain highways prohibited 23 Use of poisons and certain contrivances prohibited 24 Hunting and shooting from boats, on horseback or in vehicle 25 Ball cartridge on marsh prohibited 26 Possession of more than one shot gun prohibited 27 Use of certain rifles prohibited 28 Restriction on boats and vehicles 29 Locating game from aeroplane 30 Dogs pursuing big game 31 Hunting by persons under sixteen years 32 Hunting while intoxicated, etc., prohibited 33 Carrying loaded guns in vehicle or while on horseback 34 Apparel of big game hunters 35 Waste of game prohibited 36 Destruction of evidence of sex 37 Use of seal 38 Bag limit 39 Licence revoked upon use LICENCES AND PERMITS 40 Issue and revocation of licences 41 Licences 42 Detaching or mutilating seals 43 Licences to be produced on request 44 Void licences 45 Persons under sixteen years 46 Dating of licence or permit 47 Licence or permit endorsed by holder 48 Licence or permit and seal not transferable 49 Complimentary permits 50 Revocation and ineligibility 51 Application for licence by person causing accident prohibited, etc. PURCHASE AND SALE OF GAME 52 Sale of hunting or shooting rights prohibited 53 Purchase, sale, etc. prohibited TRANSPORT OF CERTAIN ANIMALS AND BIRDS 54 Shipment of game 55 Common carriers 56 Export and import STORAGE OF GAME 57 Duties upon acceptance for storage COLLECTIONS FOR SCIENTIFIC PURPOSES 58 Permit to export animals, etc., for certain purposes REGULATIONS 59 Regulations INSURANCE 60 Power to insure against damage to crops 61 Compensation for live stock killed by hunters 62 Wildlife development fund WILDLIFE OFFICERS POWERS AND DUTIES 63 Wildlife officers have powers of constables 64 Arrest without warrant 65 Right to search 66 Same 67 Drivers of vehicles to stop on request and furnish information 68 Search warrant 69 Search without warrant 70 Entry on land 71 Seizure of game where offence suspected 72 Seizure of guns, traps, vehicles, etc. 73 Disposal of game seized 74 Prosecution 75 Return of things seized OFFENCES, PENALTIES AND PROSECUTIONS 76 Failure to obtain licence or permit 77 Big game 78 Game birds 79 False returns 80 Aiding and abetting 81 General penalty 82 Onus of proof in prosecutions 83 Evidence of hunting 84 Certificate of examination prima facie evidence 85 Proof of issue of licence, permit, etc. 86 Limitation of prosecution MISCELLANEOUS 87 Injury to Government property 88 Killing game by accident 89 Animal Protection Act 90 Agreements SCHEDULE

3 CHAPTER G-1 An Act for the Protection of Game SHORT TITLE Short title 1 This Act may be cited as The Game Act. R.S.S. 1978, c.g-1, s.1. Interpretation 2 In this Act: INTERPRETATION big game (a) big game includes pronghorn antelope, bear, bison and any member of the deer family whether known as caribou, deer, elk, moose or otherwise; department (b) department means the Department of Tourism and Renewable Resources; deputy wildlife officer (c) deputy wildlife officer means a person appointed pursuant to section 4; director (d) director means the Director of Fisheries and Wildlife appointed pursuant to section 3; game (e) game means any animal or bird, dead or alive, included in the definitions of big game and game bird, and any animal or bird that may be declared to be big game or game bird under this Act, and includes any part of any such animal or bird; game bird (f) game bird includes any migratory game bird and any upland game bird; hunting (g) hunting includes taking, wounding, killing, chasing, pursuing, worrying, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any animal or bird; licence and permit (h) licence and permit means a licence or a permit issued under this Act or the regulations and includes any seal issued with the licence or permit; migratory game birds (i) migratory game birds includes the following birds and the birds of all species of the following families: anatidae, commonly known as ducks, geese or swan; gruidae, commonly known as little brown, sandhill, whooping or white cranes; rallidae, commonly known as coots, rails or gallinues; scolopacidae, commonly known as curlews, dowitchers, godwits, knots, sandpipers, snipe or jacksnipe, upland plovers, willets, woodcocks and yellowlegs; charadiidae, commonly known as plovers, turnstones and surfbirds; recurvirostridae, commonly known as avocets and stilts; phalaropodidae, commonly known as phalaropes; haematopodidae, commonly known as oyster catchers; columbidae, commonly known as mourning doves; pelecanidae, commonly known as pelicans; phalacrocorcidae, commonly known as cormorants;

4 4 c. G-1 minister (j) minister means the Minister of Tourism and Renewable Resources; open season (k) open season means a time prescribed by the regulations during which specified game may be lawfully hunted in any area; resident (l) resident means: seal (i) a person who is a Canadian citizen and has resided in Saskatchewan for at least two months immediately preceding the date of his application for a licence or permit under this Act; or (ii) a person, other than a Canadian citizen, who has resided in Canada for a period of at least six months immediately preceding the date of his application for a licence or permit under this Act and has resided in Saskatchewan during the last two months of that period; or (iii) a member of the regular navy, army or air forces of Canada or of the Royal Canadian Mounted Police who is stationed in Saskatchewan; or (iv) a person in actual residence upon a farm of not less than one hundred and sixty acres as owner, lessee or homesteader; (m) seal means that portion of any big game licence which is required to be detached from the licence and cancelled immediately after the game animal is killed; or a tag which may be supplied with a big game permit; upland game birds (n) upland game birds includes the following birds and the birds of all species of the following families: tetraonidae, commonly known as grouse, including ruffed grouse, spruce grouse, prairie chickens, sharp-tailed grouse, sage grouse and ptarmigans; phasianidae, commonly known as pheasants and partridges, including ring-necked pheasants, European grey or Hungarian partridges, chukar partridges and quail; meleagrididae, commonly known as wild turkey; vehicle wild (o) vehicle means a conveyance of any kind other than a boat and, without restricting the generality of the foregoing, includes a wagon, sleigh, bicycle, motor cycle, automobile, tractor, snowmobile, snowplane, toboggan and aircraft; (p) wild means wild by nature and in a state of nature; wildlife officer (q) wildlife officer means any officer appointed by the minister or a person authorized by the minister for the purpose of enforcing the provisions of this Act and the regulations made thereunder. 1967, c.78, s.2; 1968, c.26, s.2; 1970, c.24, s.2; 1972, c.47, s.2; R.S.S. 1978, c.g-1, s.2.

5 c. G-1 5 ADMINISTRATION Department to administer Act 3(1) This Act and the regulations shall be administered by the department. (2) An officer to be known as the Director of Fisheries and Wildlife may be appointed to manage and direct the administration under the control of the minister. 1967, c.78, s.3; 1972, c.47, s.3; R.S.S. 1978, c.g-1, s.3. Deputy wildlife officer 4(1) The director may appoint as deputy wildlife officers such persons as may be suitably situated and willing to assist in carrying out the provisions of this Act and The Fur Act, without remuneration and may cancel such appointment at any time. (2) Subject to subsection (1), the appointment of a deputy wildlife officer shall be for a period not exceeding two years. (3) A deputy wildlife officer has all the powers of a wildlife officer under sections 70, 71 and , c.78, s.4; R.S.S. 1978, c.g-1, s.4. Advisory committee 5(1) The Lieutenant Governor in Council may appoint annually an advisory committee, consisting of not more than eight members representative of various parts of the province, who may meet upon the request of the minister and shall act in an advisory capacity to the minister and the director on matters of general interest in relation to the carrying out of the provisions of this Act. (2) The members of the committee shall receive such remuneration as the Lieutenant Governor in Council may determine. 1967, c.78, s.5; R.S.S. 1978, c.g-1, s.5. Property in game 6 The property in all wild game within the province and the carcass of all such game that has been unlawfully killed, is hereby declared to be vested in Her Majesty in right of Saskatchewan, and no person has any right or property therein otherwise than in accordance with this Act and the regulations. 1967, c.78, s.6; R.S.S. 1978, c.g-1, s.6. Capturing, destroying or disturbing game 7 No person shall take into captivity, keep in captivity, wilfully destroy or disturb any game or the egg of any upland game bird without the written permission of the director. 1967, c.78, s.7; 1970, c.24, s.3; R.S.S. 1978, c.g-1, s.7.

6 6 c. G-1 INDIAN HUNTING FOR FOOD Hunting by Indians on unoccupied Crown lands, etc. 8(1) Notwithstanding anything in this Act, and insofar only as is necessary in order to implement the agreement between the Government of Canada and the Government of Saskatchewan ratified by chapter 87 of the Statutes of Saskatchewan, 1930, Indians within the province may hunt for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have a right of access. (2) For the purpose of subsection (1) the lands within game preserves, bird sanctuaries, provincial parks and wildlife management areas are deemed not to be unoccupied Crown lands or lands to which Indians have a right of access. (3) No person other than an Indian shall accept or have in his possession the flesh of any big game or game bird which has been taken by an Indian for food as permitted under subsection (1). (4) No person other than an Indian may assist, aid, hunt with or accompany any Indian hunting big game or game birds for food as permitted under subsection (1). 1967, c.78, s.8; R.S.S. 1978, c.g-1, s.8. GAME PRESERVES AND BIRD SANCTUARIES Hunting, trapping, etc., prohibited 9 Except as otherwise provided in this Act or The Fur Act, or in any regulation made under either or both of those Acts, no person shall: (a) hunt, trap, snare, poison or otherwise destroy or molest any animal or bird in a game preserve, bird sanctuary or any other designated area established pursuant to this Act or the regulations; or (b) carry or have in his possession in, or discharge over, a game preserve, bird sanctuary or any other designated area established pursuant to this Act or the regulations, any firearm or any bow and arrow. 1967, c.78, s.9; 1970, c.24, s.4; R.S.S. 1978, c.g-1, s.9. Prohibition re usable firearms, etc., in certain areas 10 No person passing through a game preserve, bird sanctuary or any other designated area established pursuant to this Act or the regulations, shall carry firearms or bows and arrows unless they are encased or sealed in such a way as to prevent their use or are kept in the trunk of a vehicle in such a way that they are not readily usable. 1970, c.24, s.5; R.S.S. 1978, c.g-1, s.10. RESTRICTIONS ON HUNTING Prohibitions against hunting game 11(1) No person shall hunt game except in open season. (2) No person shall hunt game without a valid licence or permit. 1970, c.24, s.7; R.S.S. 1978, c.g-1, s.11.

7 c. G-1 7 Wild birds 12(1) Except as expressly authorized by this Act no person shall hunt any wild bird except: (a) crows, magpies, blackbirds, cowbirds, grackles, English sparrows; and (b) such other birds as are designated by the regulations. (2) Notwithstanding section 8 and subsection (1) but otherwise subject to this Act and the regulations, an owner or occupant of any land outside a city, town, village or hamlet, actually domiciled and living upon any part of the land, may hunt upland game birds within the limits of the land without a licence or permit during open seasons for upland game birds. 1967, c.78, s.13; 1970, c.24, s.8; R.S.S. 1978, c.g-1, s.12. Protecting domestic stock 13 Notwithstanding anything in this Act, any person may hunt any wild animal or wild bird but no game other than bear in a building in which domestic animals are kept or within six hundred feet from such building or from a hive where domestic bees are kept or for the purpose of protecting live stock or poultry on land owned or occupied by him. 1967, c.78, s.14; R.S.S. 1978, c.g-1, s.13. Special permits for food 14 Notwithstanding anything in this Act, the minister may issue a special permit to a resident residing in any part of Saskatchewan north of Township 50, West of the Third Meridian or north of Township 35, East of the Third Meridian permitting him to take big game for the purpose of providing food for himself and his family. 1967, c.78, s.15; R.S.S. 1978, c.g-1, s.14. Protection of property 15 Notwithstanding anything in this Act the director may, subject to such terms and conditions as he considers desirable issue a special permit to kill any animal or bird causing or likely to cause damage to property. 1967, c.78, s.16; R.S.S. 1978, c.g-1, s.15. Hunting on certain days 16(1) No person shall hunt any wild animal or wild bird in any game management zone: (a) on the day immediately preceding any open season for game for such zone; or (b) on the day immediately following the end of any open season for game for such zone; or (c) on a Sunday during the open season for game for such zone. (2) No person shall hunt any wild animal or wild bird in any game management zone during the open season for big game in such zone unless he is: (a) the holder of a trapper s licence valid in such zone conducting normal trapping operations; or (b) the holder of a game licence valid in such zone. 1967, c.78, s.17; 1968, c.26, s.4; 1970, c.24, s.9; R.S.S. 1978, c.g-1, s.16.

8 8 c. G-1 Hunting game on Sunday prohibited 17(1) No person shall hunt any game on Sunday. (2) The carrying of a gun on Sunday is prima facie evidence of hunting. 1967, c.78, s.18; R.S.S. 1978, c.g-1, s.17. Hunting at night prohibited 18(1) No person shall hunt: (a) any wild animal or wild bird during the period from one-half hour after sunset to one-half hour before sunrise; (b) any big game during the period from sunset to one-half hour before sunrise; (2) A person who in contravention of subsection (1) hunts big game is guilty of an offence and liable on summary conviction to a fine of not less than $50 or more than $ , c.78, s.19; 1968, c.26, s.5; 1970, c.24, s.10; R.S.S. 1978, c.g-1, s.18. Use of certain lights for hunting prohibited 19(1) No person shall at any time use a searchlight, spotlight, flash-light, jack-light, night-light, head-light or any other light for the purpose of hunting. (2) A person who violates subsection (1) is guilty of an offence and liable on summary conviction: (a) for a first offence to a fine of not less than $200 or more than $500 and where the court so decides to imprisonment for not more than seven days; (b) for a second or subsequent offence to a fine of not less than $300 or more than $500 and, in addition, to imprisonment for not less than seven days or more than thirty days. 1970, c.24, s.11; R.S.S. 1978, c.g-1, s.19. Hunting near buildings, etc. 20 No person shall hunt any wild animal or wild bird if it is within nine hundred feet from a building, stockade or corral occupied by persons or live stock, without the consent of the owner or the person in charge or control of the building, stockade or corral. 1967, c.78, s.21; R.S.S. 1978, c.g-1, s.20. Hunting on enclosed and occupied lands 21(1) No person shall hunt any big game or game bird if it is upon or over land enclosed by a fence of any kind or land under cultivation or covered by buildings, or enter upon such land for the purpose of doing so, without the consent of the owner or occupant thereof. (2) Subsection (1) does not apply unless there are signs at least twelve inches long and ten inches wide prominently placed at each corner of the land, at each gate and at intervals not exceeding one thousand yards along each boundary thereof bearing the words Hunting and Shooting Prohibited or words to a like effect. (3) No person shall erect or place or cause to be erected or placed a sign referred to in subsection (2) at a corner or at any place along the boundary of any land of which he is not the owner or occupant except with the consent of the owner or occupant.

9 c. G-1 9 (4) No person shall tear down, remove, damage, deface or cover up a sign within the meaning of subsection (2) erected or placed by or with the consent of the owner or occupant of the land. (5) No person shall dig a pit or other excavation on any land mentioned in subsection (1), or leave open a pit or other excavation used by him on the land, without the consent of the owner or occupant of the land. (6) In a prosecution under this section where it is alleged or charged that a person violated subsection (1) the onus is upon the person charged to prove either: (a) that he had obtained the consent required in subsection (1); or (b) that the land was not posted with signs as specified in subsection (2). (7) A person who violates subsection (1) is guilty of an offence and liable on summary conviction to a fine of not less than $50 or more than $ , c.78, s.22; 1968, c.26, s.7; 1970, c.24, s.12; R.S.S. 1978, c.g-1, s.21. Discharging guns, etc. along or across certain highways prohibited 22 No person shall discharge a gun, rifle or bow along or across the travelled portion of any provincial highway that is marked by route number signs. 1967, c.78, s.23; R.S.S. 1978, c.g-1, s.22. Use of poisons and certain contrivances prohibited 23 Subject to section 58, no person shall at any time hunt with, use or set for the destruction or capture: (a) of game, any poison, traps, nets or snares; (b) of any wild animal or wild bird: (i) narcotics or tranquilizers; (ii) set guns, including swivel or spring guns of any kind; (iii) automatic guns and rifles including automatic and machine guns, automatic or machine rifles or any other gun or rifle designed to fire more than one shot with a single squeeze of the trigger; (iv) any device or mechanism designed to silence or minimize the report of a firearm; (v) live decoys of any kind; (vi) full-metal-jacketed hard-point bullets or any such bullets that have been tampered with or altered in any way; (vii) barbed or poisoned arrows, arrows with explosive heads or with heads measuring less than one inch in diameter or arrows with shafts not marked clearly and permanently with the name and address of the owner thereof; (viii) bows of less than forty pounds draw weight or crossbows. (ix) tracer bullets or tracer shot shells. 1967, c.78, s.24; 1968, c.26, s.8; R.S.S. 1978, c.g-1, s.23.

10 10 c. G-1 Hunting and shooting from boats, on horseback or in vehicle 24(1) No person shall hunt migratory game birds from a boat while the same is being propelled by sail or motor. (2) No person shall hunt any game while on horseback or in or on a vehicle. 1967, c.78, s.25; R.S.S. 1978, c.g-1, s.24. Ball cartridge on marsh prohibited 25(1) No person shall carry or discharge a rifle or other weapon using ball cartridges on or over a marsh or any water while hunting game birds or hunt migratory game birds at any place with such rifle or other weapon. (2) Subsection (1) does not prohibit the carrying of an unloaded rifle or other weapon using ball cartridges upon a public thoroughfare through a marsh. 1967, c.78, s.26; R.S.S. 1978, c.g-1, s.25. Possession of more than one shot gun prohibited 26(1) No person shall while in a pit or a blind for the purpose of hunting have in his possession more than one shot gun. (2) No person while in a pit or a blind for the purpose of hunting migratory game birds shall have a rifle in the pit or blind. 1967, c.78, s.27; R.S.S. 1978, c.g-1, s.26. Use of certain rifles prohibited 27 No person shall hunt any big game with a rifle of.23 of an inch calibre or less. 1967, c.78, s.28; R.S.S. 1978, c.g-1, s.27. Restriction on boats and vehicles 28 Unless expressly authorized by the minister, no person shall use a power boat or vehicle for the purpose of: (a) chasing or pursuing any wild animal or wild bird; (b) disturbing any wild animal or wild bird; (c) driving any wild animal or wild bird toward hunters; or (d) injuring or killing any wild animal or wild bird with such power boat or vehicle. 1970, c.24, s.13; R.S.S. 1978, c.g-1, s.28. Locating game from aeroplane 29 No person shall, from an aircraft in flight, locate game and communicate the location or approximate location thereof by a signal, whether by radio or otherwise, to a person on the ground, in a boat or in a vehicle, for the purpose of hunting the game. 1967, c.78. s.30; R.S.S. 1978, c.g-1, s.29.

11 c. G-1 11 Dogs pursuing big game 30(1) No person shall use a dog for hunting big game or permit a dog accustomed to pursue deer to run at large in a locality where big game is usually found. (2) Any dog found running big game may be killed by any person without incurring liability. 1967, c.78, s.31; R.S.S. 1978, c.g-1, s.30. Hunting by persons under sixteen years 31(1) No person under sixteen years of age shall hunt any wild animal or wild bird with a shotgun or rifle in any game management zone during any open season in such zone unless he is accompanied by, or under the direct supervision of, his parent or guardian or an adult with the consent of such parent or guardian. (2) A person who aids a person under sixteen years of age in violating subsection (1) or who knowingly permits any such person to violate subsection (1) is guilty of a violation of this Act. 1967, c.78, s.32; 1970, c.24, s.14; R.S.S. 1978, c.g-1, s.31. Hunting while intoxicated, etc., prohibited 32 No person shall hunt any wild animal or wild bird while intoxicated or under the influence of a narcotic or while impaired by alcohol or a drug. 1967, c.78, s.33; R.S.S. 1978, c.g-1, s.32. Carrying loaded guns in vehicle or while on horseback 33(1) No person shall at any time carry a loaded shot gun or loaded guns or rifle in or on a vehicle or while on horseback or discharge a shot gun or rifle from a vehicle or while on horseback; except that where the minister considers it to be in the public interest to do so he may issue to any person a special permit authorizing him to shoot coyotes, foxes or wolves from a vehicle in accordance with and subject to such terms and conditions as the minister may prescribe. (2) A person shall be deemed to be carrying a shot gun or rifle in or on a part of a vehicle if the shot gun or rifle is in or on a vehicle whether or not the shot gun or rifle is in actual movement or in physical contact with a person. (3) A shot gun or rifle carrying loaded shells or cartridges in the magazine shall be deemed to be loaded. (4) A person who violates subsection (1) is guilty of an offence and liable on summary conviction to a fine of not less than $50 or more than $ , c.78, s.34; 1968, c.26, s.9; 1970, c.24, s.15; R.S.S. 1978, c.g-1, s.33. Apparel of big game hunters 34(1) The holder of a big game licence shall wear while hunting and every person accompanying or guiding him shall wear a complete outer suit of clothing including a cap or toque coloured scarlet, bright yellow, blaze orange, white or any combination thereof, but no person shall wear a white cap or toque. (2) Notwithstanding subsection (1) a person may wear a camouflaged suit while hunting deer during the archery season with bow and arrows. 1967, c.78, s.35; R.S.S. 1978, c.g-1, s.34.

12 12 c. G-1 Waste of game prohibited 35 No person after killing any game except bear shall willfully leave any edible part thereof in the field. 1967, c.78, s.36; R.S.S. 1978, c.g-1, s.35. Destruction of evidence of sex 36 No person shall destroy the evidence of sex of any game before the carcass or all the parts thereof have been conveyed to the residence of the person taking the game unless both sexes of such game may be hunted pursuant to this Act at that time and place. 1967, c.78, s.37; R.S.S. 1978, c.g-1, s.36. Use of seal 37(1) Every person upon taking or killing any big game animal permitted to be taken or killed shall immediately upon such taking or killing: (a) detach the seal attached to his licence; (b) cut out and remove the spaces provided in the seal to indicate the correct date of kill; (c) place his signature in the space provided on the seal if he has not already done so; and (d) securely attach the seal to the hide of the big game animal and keep the seal attached to the hide of the big game animal until the hide is processed, tanned or destroyed. (2) When the hide is removed from a big game animal the person taking such animal shall keep the hide with the carcass until the carcass is taken to the place where it is intended to be processed or consumed. (3) No person shall have in his possession the unprocessed or untanned hide of any big game animal or any part of such hide, unless there is attached thereto the seal supplied with the licence or permit under the authority of which the animal was taken. (4) The minister may on approval of the Lieutenant Governor in Council designate any game to which this section shall not apply or any area in which the seal may be detached from the hide. 1967, c.78, s.38; 1970, c.24, s.16; R.S.S. 1978, c.g-1, s.37. Bag limit 38 No person shall take or kill more game in one day or during any other specified period than the maximum number of such game permitted under this Act or the Migratory Birds Convention Act (Canada) or regulations under either Act for one day or for such period. 1967, c.78, s.39; R.S.S. 1978, c.g-1, s.38. Licence revoked upon use 39 Where the holder of a big game or game bird licence takes or kills the game limit authorized to be taken or killed by virtue of the licence the licence shall thereby be automatically revoked and the holder shall forthwith upon request surrender the licence to a wildlife officer or member of the Royal Canadian Mounted Police. 1967, c.78, s.40; R.S.S. 1978, c.g-1, s.39.

13 c. G-1 13 LICENCES AND PERMITS Issue and revocation of licences 40(1) The issue of any licence or permit is in the discretion of the minister. (2) The minister may in his discretion revoke any licence or permit. (3) Upon revocation any licence or permit is void unless it is reinstated. 1967, c.78, s.41; R.S.S. 1978, c.g-1, s.40. Licences 41 Unless he is otherwise disqualified under this Act from obtaining a licence or permit: (a) a person is eligible to obtain a Saskatchewan resident licence if he: (i) has established a permanent residence in the province and has resided in the province during the two months immediately preceding the date of his application for a licence; or (ii) is a member of the regular force of the Canadian Armed Forces or of the Royal Canadian Mounted Police and he is stationed and residing in the province; or (iii) resides on a farm consisting of not less than one hundred and sixty acres as owner, lessee or as a person who has a homestead interest pursuant to The Homesteads Act; (b) a person is eligible to obtain a Canadian resident licence if he has established permanent residence in Canada and has resided in Canada during the six months immediately preceding the date of his application for a licence; or (c) a person who is not eligible for a licence under clause (a) or (b) is eligible to obtain a non-resident licence. 1970, c.24, s.17; R.S.S. 1978, c.g-1, s.41. Detaching or mutilating seals 42 Where any licence or permit is tampered with or mutilated or any seal is detached from a licence or permit other than as required by this Act or the regulations, the licence or permit is void for hunting. 1967, c.78, s.43; 1970, c.24, s.18; R.S.S. 1978, c.g-1, s.42. Licences to be produced on request 43 Any person having a licence or permit shall upon request by a wildlife officer, deputy wildlife officer or member of the Royal Canadian Mounted Police, immediately produce the same for examination. 1967, c.78, s.44; R.S.S. 1978, c.g-1, s.43. Void licences 44 No person shall obtain a licence or permit during a time when he is not eligible to obtain such licence or permit or by means of false or misleading representations and any licence secured during such time or by such means is void. 1967, c.78, s.45; R.S.S. 1978, c.g-1, s.44.

14 14 c. G-1 Persons under sixteen years 45(1) No licence or permit shall be issued to a person under sixteen years of age without a written application from his parent or guardian. (2) A person under the age of twelve years is not eligible to obtain a licence or permit. (3) Where a licence or permit is issued pursuant to an application under subsection (1), the parent or guardian who made the application and the licensee or permittee shall each be liable for violation by the licensee or permittee of any of the provisions of this Act or the regulations relating to or affecting the licensee or permittee while exercising any of the privileges conferred upon the licensee or permittee by the Act or the regulations. 1967, c.78, s.46; 1970, c.24, s.19; R.S.S. 1978, c.g-1, s.45. Dating of licence or permit 46(1) The date of the issue of a licence or permit shall be clearly stated on the licence or permit, and every licence or permit takes effect on the day shown thereon as the date of issue. (2) No person shall put on a licence or permit a date as the date of issue thereof other than the date on which it was actually issued. 1967, c.78, s.47; R.S.S. 1978, c.g-1, s.46. Licence or permit endorsed by holder 47 A licence or permit is valid only when signed by the person to whom it is issued in the space provided for the purpose. 1967, c.78, s.48; R.S.S. 1978, c.g-1, s.47. Licence or permit and seal not transferable 48 No licence permit or seal issued pursuant to this Act is transferable, and no person shall: (a) allow his licence, permit or seal to be used or carried by any other person for the purpose of hunting; or (b) for the purpose of hunting use or carry any other person s licence, permit or seal. 1967, c.78, s.49; R.S.S. 1978, c.g-1, s.48. Complimentary permits 49 Notwithstanding anything in this Act, His Excellency the Governor General of Canada, the Prime Minister of Canada, the Lieutenant Governor or Premier of any of the provinces of Canada and distinguished visitors to Saskatchewan, may be granted by the minister complimentary permission to hunt in accordance with this Act. 1967, c.78, s.50; R.S.S. 1978, c.g-1, s.49. Revocation and ineligibility 50(1) Any licence or permit held by a person convicted of a violation of this Act or the regulations is deemed to be revoked upon such conviction without any action or notice.

15 c. G-1 15 (2) A person convicted of a violation of section 19 is not eligible to apply for or obtain a licence or permit during the period of three years after the date of the conviction. (3) A person convicted of a violation of this Act or the regulations other than the violation mentioned in subsection (2) is not eligible to apply for or obtain a licence or permit during the period of one year after the date of the conviction. 1970, c.24, s.20; R.S.S. 1978, c.g-1, s.50. Application for licence by person causing accident prohibited, etc. 51(1) Where a person discharges or causes to be discharged a firearm or bow whether accidentally or otherwise and the death of or bodily injury to any person results therefrom, the person causing the death or injury shall not apply for a licence or permit during the period of five years from the date of that event, and a licence issued to that person during that period is void. (2) If the person is at the time of that event the holder of a licence or permit pursuant to this Act or the regulations the licence or permit shall be deemed to be revoked forthwith upon the happening of the event and without any action or notice. 1967, c.78, s.52; R.S.S. 1978, c.g-1, s.51. PURCHASE AND SALE OF GAME Sale of hunting or shooting rights prohibited 52 No person shall, directly or indirectly, sell, trade or barter or offer for sale, trade or barter the hunting or shooting rights for game over any land. 1967, c.78, s.53; R.S.S. 1978, c.g-1, s.52. Purchase, sale, etc. prohibited 53(1) Subject to subsection (2), every person is guilty of an offence who: (a) buys, sells, deals or traffics in, offers or exposes for sale, barters or exchanges the flesh of any game other than game raised for domestic or commercial purposes upon a licensed game farm and disposed of in accordance with the regulations; (b) being the proprietor or manager of a hotel, restaurant, boarding-house, club or camp, advertises or permits to be advertised on his menu or bill of fare any cooked game or dish composed wholly or partly thereof. (2) Subsection (1) does not apply to a club or association selling or serving or permitting to be sold or served, at a banquet or other function of the club or association, any cooked game, or dish composed wholly or partly thereof, where the club or association has first obtained the written permission of the director to do so and has complied with such conditions or requirements prescribed by the director. (3) Every person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not less than $50 or more than $ , c.78, s.54; 1968, c.26, s.10; 1970, c.24, s.21; R.S.S. 1978, c.g-1, s.53.

16 16 c. G-1 TRANSPORT OF CERTAIN ANIMALS AND BIRDS Shipment of game 54 Every person shipping game shall: (a) attach securely to each shipment of big game a big game transportation tag, duly completed, in the form prescribed by the minister; (b) prepare each shipment of game birds so that the contents may be readily examined; and (c) plainly mark each shipment with a full description of its contents. 1967, c.78, s.55; R.S.S. 1978, c.g-1, s.54. Common carriers 55 No agent of a transportation company or other common carrier, or any other person, shall receive a shipment of game unless the shipment is tagged, prepared, marked and labelled as required by section 54; and if a shipment is offered that is not so tagged, prepared, marked and labelled it shall not be transported or delivered to the consignee; but in every such case the agent, owner or operator shall notify the director at Regina and the shipment shall thereupon be dealt with by the director. 1967, c.78, s.56; R.S.S. 1978, c.g-1, s.55. Export and import 56 No person shall: (a) take out of, export or cause to be exported from Saskatchewan any wild animal or wild bird, or the egg or young of any such animal or bird; or (b) import, release or introduce into Saskatchewan any animal or bird that is wild or foreign, or the egg or young of any such animal or bird; without having first obtained the written permission of the minister to do so. 1970, c.24, s.22; R.S.S. 1978, c.g-1, s.56. STORAGE OF GAME Duties upon acceptance for storage 57(1) Every person engaged in the business of storing game shall immediately after receiving any game for storage, label or mark the game showing the contents. (2) No person shall accept for storage any game from the first day of April in any year to the first day of the next open season for such game. 1967, c.78, s.59; 1968, c.26, s.11; R.S.S. 1978, c.g-1, s.57.

17 c. G-1 17 COLLECTIONS FOR SCIENTIFIC PURPOSES Permit to export animals, etc., for certain purposes 58(1) The director may grant a permit to any person or the government of any province or state to secure by any method and export for propagation or for scientific purposes: (a) a specified number of any or each species of animal; (b) a specified number of any or each species of bird; (c) a specified number of nests of eggs of any or each species of bird; and the director may specify the time, place and method of taking such animals, birds or nests. (2) A detailed statement of the animals, birds or nests secured pursuant to subsection (1) shall be returned to the department as required by the permit. 1970, c.24, s.24; R.S.S. 1978, c.g-1, s.58. REGULATIONS Regulations 59(1) The Lieutenant Governor in Council may make such regulations and orders, not inconsistent with this Act, as are necessary to carry out its provisions according to their obvious intent or to meet cases that may arise and for which no provision is made by this Act, and without limiting the generality of the foregoing the Lieutenant Governor in Council may make regulations and orders: (a) constituting any area of the province as: (i) a game preserve for the protection, propagation and perpetuation of birds and animals; (ii) a bird sanctuary for the protection, propagation and perpetuation of birds; (iii) a game management zone for the managing and controlling of game; (iv) an area for the protection or managing of birds and animals; (b) respecting the management, control and protection of any of the areas mentioned in clause (a), any provincial park or other designated area of the province and the game therein and regulating hunters, trappers and other persons therein; (c) providing for protection of any species of bird or animal; (d) defining and declaring periods during which and areas within which a person may hunt a prescribed maximum number of game; (e) governing the issue of licences or permits: (i) authorizing the hunting of game during open seasons; (ii) authorizing the killing or disturbing of game in order to prevent damage to farm crops or other property;

18 18 c. G-1 (iii) authorizing persons qualified and equipped to rent, hire or lend boats, vehicles and other equipment to hunters or fishermen and prohibiting like operations except pursuant to such licence or permit; (iv) authorizing persons to act as guides to hunters or fishermen and prohibiting such activity except pursuant to such licence or permit and prohibiting the engaging of any unlicensed guides; (v) authorizing persons to act on behalf of the minister in the issue of any licence or permit subject to such terms and conditions as the minister may prescribe; (vi) authorizing persons to act as dog trainers; (vii) authorizing persons to operate game farms and prescribing places where and the conditions under which game farms may be operated; (viii) authorizing the destruction of noxious animals or birds; (ix) authorizing and governing the propagating of game for domestic or commercial purposes; (x) authorizing any person to use or possess specified types of shot guns or rifles for the purposes of hunting; (xi) authorizing and governing the marking of any game with distinctive marks, tags or bands; (xii) authorizing the keeping of animals or birds in zoos or wild animal parks; (xiii) authorizing and regulating persons engaged in taxidermy; (f) governing all matters relating to any licence, permit, privilege, registered mark, permission or other right secured pursuant to this Act including the following: (i) the fees to be paid; (ii) the time and area to which such right relates; (iii) the returns to be made to the department in relation to such right; (iv) the buttons, badges, seals or identifying marks to be used by a person with such right; (v) the duration, suspension and cancellation of such right; (vi) the records to be kept; (vii) the return of any licence, permit, registered mark, permission or other right; (viii) the submission for management or research purposes of any part of game killed by hunters; (g) providing for a program to promote the safe handling of firearms by hunters; (h) limiting the number of hunters that may hunt at any time in any area; (i) regulating hunters and hunting in any area;

19 c. G-1 19 (j) governing the disposal of game, firearms, snares, traps and other property forfeited pursuant to this Act; (k) governing the training and running at large of dogs used in hunting game birds; (l) specifying, notwithstanding any other Act, the time to be used in the interpretation of this Act and the regulations; (m) restricting the use of certain vehicles or boats in prescribed areas; (n) respecting the payment of moneys under section 61. (2) All regulations and orders made under this Act have force and effect only after they have been published in the Gazette unless another date is set out in the regulations or orders as the date when they come into force. (3) Regulations and orders made under subsection (1) have the same force and effect as if enacted herein. 1967, c.78, s.61; 1970, c.24, s.25; R.S.S. 1978, c.g-1, s.59. INSURANCE Power to insure against damage to crops 60(1) Subject to the approval of the Lieutenant Governor in Council, the minister may enter into a contract of insurance with any insurance company licensed to carry on the business of insurance in Saskatchewan for the purpose of insuring persons against loss resulting from damage to crops, caused by game. (2) The Lieutenant Governor in Council may authorize the minister to pay to a company with which he has, under subsection (1), entered into a contract a portion, not exceeding one dollar for each licence issued, of the fees collected and to be collected under this Act or the regulations in respect of any or all classes of hunting licences. (3) The minister may: (a) use such portion of the moneys that he is authorized under subsection (2) to pay to a company; or (b) enter into arrangements with a company to which moneys have been paid under subsection (2) for the use of such portion of those moneys; as the Lieutenant Governor in Council may from time to time determine, for the purpose: (c) of paying the expenses, or part of the expenses, incurred in conducting and carrying out a safety training program for hunters; or

20 20 c. G-1 (d) of acquiring, by purchase, lease or otherwise, any area of land considered by the minister to be suitable for the protection, propagation and perpetuation of birds and animals; and the minister may thereafter from time to time use such portion of the moneys that he is authorized under subsection (2) to pay to a company for the purpose of planning, developing, using and managing any area acquired pursuant to clause (d) in such manner as the minister may consider advisable for the protection, propagation and perpetuation of birds and animals; but no such moneys shall be used at any time for any such purpose if the total amount of the moneys then held by the company as a result of payments to it under subsection (2) is less than $300,000 or if by doing so the total amount of the moneys so held by the company would be reduced to less than $300, , c.78, s.62; R.S.S. 1978, c.g-1, s.60. Compensation for live stock killed by hunters 61(1) Subject to subsection (2), where any live stock is killed or wounded by a person hunting game, or destroyed by reason of a wound inflicted on it by a person hunting game, the minister may, out of moneys that he is authorized under subsection (2) of section 60 to pay to a company, pay to the owner of the live stock as compensation for the loss sustained such sum as the minister deems reasonable but not exceeding the value of the live stock as determined by the minister less any salvage value thereof to the owner as determined by the minister and less any amount otherwise paid to the owner as compensation for the loss sustained or on account thereof. (2) No payment shall be made under subsection (1): (a) unless the live stock was killed or wounded during a period in which a person lawfully hunts game, other than bear, at the place where the live stock was killed or wounded; and (b) except in conformity with regulations made with respect to such payments, by the Lieutenant Governor in Council. 1967, c.78, s.63; 1970, c.24, s.26; R.S.S. 1978, c.g-1, s.61. Wildlife development fund 62(1) The Lieutenant Governor in Council may authorize the minister to pay into a special fund to be known as the wildlife development fund, an amount equivalent to such portion of each hunting licence fee collected as the Lieutenant Governor in Council may determine. (2) Sums required under this section shall be paid from moneys appropriated by the Legislature for the purpose. (3) The minister may use such portions of the wildlife development fund for: (a) acquiring by purchase, lease or otherwise any area of land considered by the minister to be suitable for wildlife purposes; and (b) developing, operating and maintaining for wildlife purposes any area acquired pursuant to clause (a) or any other area of land controlled by the Crown in such manner as the minister may consider advisable. 1970, c.24, s.27; 1972, c.47, s.4; R.S.S. 1978, c.g-1, s.62.

21 c. G-1 21 WILDLIFE OFFICERS POWERS AND DUTIES Wildlife officers have powers of constables 63 All wildlife officers shall have the power of constables to enforce this Act and the regulations and shall be entitled when performing their duties to all the protection to which constables are entitled under the Criminal Code. 1967, c.78, s.64; R.S.S. 1978, c.g-1, s.63. Arrest without warrant 64 A wildlife officer or a member of the Royal Canadian Mounted Police may without warrant arrest any person found committing an offence against this Act or the regulations. 1967, c.78, s.65; R.S.S. 1978, c.g-1, s.64. Right to search 65 At any time other than an open season, a wildlife officer or member of the Royal Canadian Mounted Police, finding a person on other than his own property carrying a firearm as if for use, may without warrant search the clothing, vehicle, boat and camp of that person. 1967, c.78, s.66; R.S.S. 1978, c.g-1, s.65. Same 66 A wildlife officer or member of the Royal Canadian Mounted Police who has reasonable grounds for believing that an offence under this Act or the regulations has been committed may without warrant search any person upon whom, and any vehicle or boat upon or in which he believes evidence of the offence may be found. 1967, c.78, s.67; R.S.S. 1978, c.g-1, s.66. Drivers of vehicles to stop on request and furnish information 67 Every person in charge of or operating a vehicle shall, upon being requested or signalled to do so by a wildlife officer or a member of the Royal Canadian Mounted Police, stop the vehicle and, upon request permit him to search the vehicle and furnish him with such information as he requires in the fulfilment of his duties. 1967, c.78, s.68; R.S.S. 1978, c.g-1, s.67. Search warrant 68(1) If it is proved before a justice of the peace upon the oath of a wildlife officer, that there is reasonable cause to suspect that game has been taken in violation of this Act or the regulations and is concealed in a dwelling, house, store, shop, warehouse, outhouse, garden, yard, croft, vessel, building or other place, the justice may grant a warrant to search that place and if the game or any part thereof is so found to seize and bring it before him or another justice of the peace. (2) An information for a search warrant under this section may be in form A, and a search warrant thereunder may be in form B. (3) A search warrant may be executed at any time. 1967, c.78, s.69; R.S.S. 1978, c.g-1, s.68.

22 22 c. G-1 Search without warrant 69 Where a wildlife officer or member of the Royal Canadian Mounted Police has reason to suspect that game has been taken in violation of this Act or the regulations and is concealed in any of the places mentioned in section 68, he may without warrant or legal process enter and search that place, and if the game is found may seize it and take it before a justice of the peace. 1967, c.78, s.70; R.S.S. 1978, c.g-1, s.69. Entry on land 70 A wildlife officer may for the purpose of discharging his duties enter upon or pass over any land whether or not the land is enclosed by a fence, but he is liable for any damage that he may wilfully cause in so doing. 1967, c.78, s.71; R.S.S. 1978, c.g-1, s.70. Seizure of game where offence suspected 71 A wildlife officer or member of the Royal Canadian Mounted Police who has reasonable grounds for believing that an offence under this Act or the regulations has been committed in respect of any game may seize the game and take it before a justice of the peace. 1967, c.78, s.72; R.S.S. 1978, c.g-1, s.71. Seizure of guns, traps, vehicles, etc. 72(1) A wildlife officer or member of the Royal Candian Mounted Police who finds a person violating, or who finds that a person has violated, any of the provisions of this Act or the regulations may seize: (a) any licence, permit or seal that has been issued to such person under this Act or the regulations; and (b) any shot gun, rifle, net, trap or other implement of shooting or hunting, and any vehicle or boat, and any thing the use of which is prohibited by this Act that is being used or was used in connection with the violation and that is found in the possession of that person, and may use it as evidence at his trial. (2) Where a person is convicted for a violation of section 19, the justice of the peace shall order: (a) that the seized articles other than a vehicle or boat be forfeited to Her Majesty in right of the province; and (b) that any vehicle or boat that is seized be impounded by the department. (3) Vehicles and boats impounded under this section shall be held by the department for a period of sixty days after their seizure and at the end of that period they shall, upon payment of storage charges, be returned to the person from whom they were seized. 1967, c.78, s.73; 1968, c.26, s.12; 1970, c.24, s.28; R.S.S. 1978, c.g-1, s.72.