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Simon Shields,
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Wildlife Law of Canada

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Parks Act (NB)

(current to 01 June 2016)
Note Re Application of the Parks Act
The Parks Act (PPA) of New Brunswick applies within provincial parks designated as such by Cabinet [PA 5]. These are listed here: New Brunswick Parks.

The Parks Act bears on the wildlife issues of:
  • HABITAT
  • PROTECTION
  • HUNTING, TRAPPING AND FISHING
The full current text of this legislation (including regulations) may be viewed at the New Brunswick statute website.

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Table of Contents
1. Overview
2. General Protections
(a) Specific Activities Prohibited Within Parks
(b) No Hunting, Trapping or Fishing in Parks
(c) Domestic Animal Behaviour
(d) No Timber Cutting
3. Enforcement
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1. Overview

Like all other provinces, New Brunswick maintains a collection of provincial parks (see link above for a list). Parks are essentially land areas where the environment, including wildlife, are afforded a greater degree of protection than are most other areas, and where there is a large focus on human recreation.

Under the Parks Act, the purposes of the provincial park system are to [PA 3]:
  • permanently protect ecosystems, biodiversity and the elements of natural and cultural heritage,

  • provide opportunities for recreational and outdoor educational activities to promote a healthy lifestyle,

  • provide opportunities to increase knowledge and appreciation of the natural and cultural heritage of the Province, and

  • offer a tourism product that enhances the Province’s image as a quality vacation destination.

2. General Protections

(a) Specific Activities Prohibited Within Parks

Within a park no person shall [PA 3]:
  • cut, damage or remove any plant, shrub, flower or tree,
  • remove any artifact or natural object,
  • make an excavation, or
  • alter, damage or destroy any lake, watercourse or water spring.
(b) No Hunting, Trapping or Fishing in Parks

While most land in the province (other than federal parks) is regulated as to hunting, trapping and fishing by the Fish and Wildlife Act ('FWA': see that module), within provincial parks these activities are governed by the PA General Regulation ('G Regs'), which in this case simply requires that "no person shall hunt, trap, take, snare, injure or destroy any game animal, fur-bearing animal or other wild animal or any game bird or other wild bird within the limits of a provincial park" [PA 23(1), G Regs 14(1), FWA 39].

It is also an offence to possess a loaded firearm or discharge a firearm in a park [FWA 40].

(c) Domestic Animal Behaviour

It is prohibited for owners of domestic animals to allow their animals to be at large (loose) in a park, to be in any swimming areas, to make excessive noise or to disturb other persons [G Regs 5].

(d) No Timber Cutting

Timber cutting is prohibited within parks [G Regs 17].


3. Enforcement

Park wardens are appointed as peace officers for purposes of enforcing the Parks Act and other laws [PA 14(1,3)]. RCMP officers, provincial police officers, and conservation officers appointed under the Fish and Wildlife Act are by virtue of those offices also park wardens [PA 14(2)].

The Parks Act has a general offence provision for prosecution of any violations of the Act or Regulation [PA 16].



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