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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research


Wild Animal Law of Canada

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Provincial Parks Act (Newfoundland)

(current to 01 May 2016)
Note Re Application of the Provincial Parks Act ('PPA')

The Provincial Parks Act (PPA) of Newfoundland applies (unsurprisingly) within provincial parks constituted by the provincial Cabinet [PPA s.4(1)]. These are listed here: Newfoundland and Labrador Provincial Parks. While the PPA itself makes no express rules respecting animals, the Provincial Park Regulations (PP Regs) set out several hunting and nuisance animal provisions.
The full current text of this legislation (including regulations) may be viewed at the Newfoundland statute website.

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Table of Contents
1. General Hunting and Fishing Prohibition; Exceptions
2. Firearms, Traps, Etc Prohibited; Exceptions
3. Introduction of Species to a Park Prohibited
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1. General Hunting and Fishing Prohibition; Exceptions

Generally, no one shall "remove, harm, hunt, chase, destroy or cause damage to any object whether animate or inanimate that is contained within the boundaries of a provincial park" [Provincial Park Regulations ('PP Regs') s.3(1)]. For these purposes an 'animate' object means "any object that possesses or is characterized by life and includes all plant and animal life" [PP Regs s.2(b)]. Exceptions to this are:
  • Minister-allowed fishing and angling [PP Regs s.4(1)]

  • hunting in a waterway provincial park, if authorized by permits or licenses issued under the provincial Wildlife Act or the federal Migratory Birds Convention Act [PP Regs s.4(2)].

    For these purposes, a 'waterway provincial park' means a provincial park designated "for the management of a river or a portion of a river together with adjacent land for outdoor recreational purposes or natural and cultural heritage values" [PP Regs s.2(c)], and 'hunting' includes "chasing, pursuing, worrying, following after or on the trail of, or searching for or lying in wait for wildlife that is then or later captured, injured or killed" [PP Regs s.2(d)].

2. Firearms, Traps, Etc Prohibited; Exceptions

Carrying or possessing "a rifle, shotgun, airgun or other type of gun or any other device for killing, trapping or otherwise destroying or capturing game" is also prohited within provincial parks, except in parks designated for hunting and when the required permits and licenses are held [PP Regs s.6(1)]. For these purposes, 'game' "means all wild mammals, amphibians, reptiles and wild birds and includes the heads, skins and any part of those wild mammals, amphibians, reptiles and wild birds" [PP Regs s.2(c)].


3. Introduction of Species to a Park Prohibited

Further, introduction of any animal species to a park, without a management or scientific permit is prohibited [PP Regs s.3(2)].


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