The Outfitter and Guide Regulations, 2004

Transcription

1 OUTFITTER AND GUIDE, 2004 N-3.1 REG 3 1 The Outfitter and Guide Regulations, 2004 being Chapter N-3.1 Reg 3 (effective March 24, 2004). 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 N-3.1 REG 3 OUTFITTER AND GUIDE, 2004 Table of Contents 1 Title 2 Interpretation 3 Outfitter s licence required 4 Endorsements 5 Allocations 6 Eligibility 7 Application 8 When minister may issue or renew outfitter s licence 9 Non-transferable 10 Duration of outfitter s licence 11 Automatic termination of outfitter s licence 12 Refusal to issue outfitter s licence 13 Amendment, suspension or revocation of or refusal to renew outfitter s licence 14 Minister to provide notice 15 Relevant considerations 16 Minister s decision final 17 Changes in information 18 Other obligations of outfitter 19 Prohibition re other activities 20 R.R.S. c.n-3.1 Reg 2 repealed 21 Transitional outfitter s licence 22 Coming into force Appendix Table 1 Fees Table 2 Enactments

3 OUTFITTER AND GUIDE, 2004 N-3.1 REG 3 3 CHAPTER N-3.1 REG 3 The Natural Resources Act Title 1 These regulations may be cited as The Outfitter and Guide Regulations, Interpretation 2 In these regulations: (a) accommodation means accommodation that is organized or provided by an outfitter for clients, and includes a hotel, motel, apartment hotel, vacation farm, bed and breakfast facility, campground, recreational camp, rental cabin or private residence; (b) allocation means a term or condition set out in an outfitter s licence that restricts, in accordance with section 5: (i) the number of clients that the outfitter may serve with respect to each endorsement; (ii) the number of fish that may be taken with respect to each endorsement; or (iii) the number of wildlife that may be hunted with respect to each endorsement; (c) (d) angling means angling as defined in The Fisheries Regulations; applicant means an applicant for: (i) an outfitter s licence; or (ii) the renewal of an outfitter s licence; (e) assigned outfitting area means the area, including land and water bodies, in which an outfitter is authorized to provide outfitting activities; (f) client means a client of an outfitter; (g) day-use lake means a location, with no accommodation, at which an outfitter provides services respecting angling; (h) endorsement means the angling or hunting activity that is authorized pursuant to section 4 and set out in an outfitter s licence; (i) equipment includes boats, canoes and other water vessels, vehicles, motors, stands, tents, angling and hunting gear and any other equipment for use in angling or hunting; (j) fish means fish as a noun and as defined for that purpose in The Fisheries Act (Saskatchewan), 1994; (k) guide means a person who, for or in expectation of any fee, financial gain or reward, provides direction, assistance or expertise to another person in relation to angling or hunting;

4 4 N-3.1 REG 3 OUTFITTER AND GUIDE, 2004 (l) head office means a fixed location or facility from which an outfitter operates his or her outfitting business; (m) hunting means hunting as defined in The Wildlife Act, 1998; (n) outcamp means a location at which an outfitter provides accommodation, other than at the outfitter s head office; (o) outfitter means a person who, for or in expectation of any fee, financial gain or reward, provides or organizes the following services for clients in connection with angling or hunting: (i) the services of a guide; (ii) equipment and accommodation; (iii) any combination of the services mentioned in subclauses (i) and (ii); (p) outfitter s licence means an outfitter s licence issued pursuant to these regulations; (q) stand means a stand as defined in The Wildlife Regulations, 1981; (r) table means a table set out in the Appendix; (s) wildlife means wildlife as defined in The Wildlife Act, Apr 2004 cn-3.1 Reg 3 s2. Outfitter s licence required 3(1) Without an outfitter s licence endorsed for that activity in accordance with section 4, no person shall: (a) act as an outfitter; or (b) advertise or promote his or her availability to act as an outfitter in Saskatchewan. (2) No person shall act as a guide unless he or she is: (a) the holder of an outfitter s licence; or (b) employed or retained as a guide by the holder of an outfitter s licence. (3) No person shall advertise or promote the availability of another person to act as an outfitter in Saskatchewan if he or she knows, or ought to know, that the other person does not hold an outfitter s licence endorsed for that activity. 2 Apr 2004 cn-3.1 Reg 3 s3. Endorsements 4 An outfitter s licence may be endorsed for one or more of the following activities: (a) (b) (c) (d) angling; big game hunting; game bird hunting; hunting of any wildlife species specified in the endorsement. 2 Apr 2004 cn-3.1 Reg 3 s4.

5 OUTFITTER AND GUIDE, 2004 N-3.1 REG 3 5 Allocations 5(1) In this section, angler day means one person angling for any part of a 24-hour day regardless of the number of hours of actual angling or the number of fish that are legally taken in that day. (2) Each endorsement on an outfitter s licence may include an allocation with respect to any or all of the following: (a) the maximum number of clients that the outfitter may serve; (b) in the case of an endorsement for angling pursuant to clause 4(a), the maximum number of fish that may be taken or the maximum number of angler days that may be used; (c) in the case of an endorsement for hunting a particular species of wildlife pursuant to clauses 4(b) to (d), the maximum number of animals of that species that may be hunted. (3) No outfitter shall exceed any allocation set out in his or her outfitter s licence. 2 Apr 2004 cn-3.1 Reg 3 s5. Eligibility 6 Any person who wishes to hold an outfitter s licence must: (a) (b) in the case of an individual, be 18 years of age or older; and have a head office in Saskatchewan. 2 Apr 2004 cn-3.1 Reg 3 s6. Application 7(1) To obtain an outfitter s licence or to renew an outfitter s licence, a person must: (a) apply to the minister in the form required by the minister; (b) submit to the minister the appropriate fee as set out in Table 1; and (c) provide the minister with any additional information that the minister may require to consider the application. (2) If an applicant is a corporation: (a) the name and address of every director and shareholder of the corporation, as at the date of application, must be provided on the application; and (b) the applicant must provide evidence satisfactory to the minister that the registration of the corporation pursuant to The Business Corporations Act is in good standing as at the date of the application. (3) No person shall apply for or hold more than one outfitter s licence at any time. 2 Apr 2004 cn-3.1 Reg 3 s7.

6 6 N-3.1 REG 3 OUTFITTER AND GUIDE, 2004 When minister may issue or renew outfitter s licence 8(1) On receipt of an application pursuant to section 7, the minister may issue an outfitter s licence to the applicant, or renew the applicant s outfitter s licence, if the minister is satisfied that it is appropriate to do so having regard to: (a) in the case of an application for an outfitter s licence, section 12; or (b) in the case of an application to renew an outfitter s licence, subsection 13(2). (2) In connection with the issuance or renewal of any outfitter s licence, the minister may: (a) set out any endorsement and allocation that the minister considers appropriate; (b) specify the assigned outfitting area; and (c) impose any term, condition or restriction on the outfitter s licence that the minister considers necessary, including any term, condition or restriction respecting any or all of the following matters: (i) the quantity and type of equipment to be used by the outfitter; (ii) the times of the year when the outfitter may conduct the activities authorized by these regulations and endorsed in the outfitter s licence; (iii) the circumstances in which a firearm may be carried by the outfitter, or by a guide, while he or she is performing the duties of a guide. 2 Apr 2004 cn-3.1 Reg 3 s8. Non-transferable 9 An outfitter s licence is not transferable. 2 Apr 2004 cn-3.1 Reg 3 s9. Duration of outfitter s licence 10 Every outfitter s licence expires on March 31 following the date on which it is issued or renewed unless it is previously surrendered by the outfitter or suspended or revoked pursuant to these regulations. 2 Apr 2004 cn-3.1 Reg 3 s10. Automatic termination of outfitter s licence 11 An outfitter s licence automatically terminates if the holder of the outfitter s licence no longer has a head office in Saskatchewan. 2 Apr 2004 cn-3.1 Reg 3 s11. Refusal to issue outfitter s licence 12 The minister may refuse to issue an outfitter s licence if: (a) in the minister s opinion, the applicant does not meet the eligibility requirements set out in section 6; (b) in the minister s opinion, the applicant s application is incomplete or does not comply with these regulations;

7 OUTFITTER AND GUIDE, 2004 N-3.1 REG 3 7 (c) the applicant, or a director or shareholder of the applicant, has been convicted of a contravention of an enactment mentioned in Table 2; (d) the applicant is in arrears in any payment respecting an indebtedness to the Crown in right of Saskatchewan; or (e) after considering the matters mentioned in section 15, the minister is of the opinion that the refusal to issue the outfitter s licence is necessary in the public interest. 2 Apr 2004 cn-3.1 Reg 3 s12. Amendment, suspension or revocation of or refusal to renew outfitter s licence 13(1) At the request of an outfitter, the minister may amend the outfitter s licence if: (a) the outfitter has: (i) requested the amendment in writing; and (ii) paid the appropriate fee as set out in Table 1; and (b) the minister considers it appropriate to make the amendment. (2) Subject to section 14, the minister, on his or her own initiative, may amend, suspend or revoke an outfitter s licence, or refuse to renew an outfitter s licence, if: (a) in the minister s opinion, the outfitter has contravened any term, condition or restriction imposed on the licence or any provision of these regulations; (b) the outfitter, or any director, shareholder or employee of the outfitter, has been convicted of a contravention of an enactment mentioned in Table 2; (c) the outfitter is in arrears in any payment respecting an indebtedness to the Crown in right of Saskatchewan; (d) in the case of an angling endorsement with an allocation, for two consecutive years the outfitter has not used at least one-half of the maximum allocation for a water body specified in the endorsement; (e) in the case of a hunting endorsement with an allocation, for two consecutive years the outfitter has not used at least one-half of the maximum allocation indicated for a particular species of wildlife specified in the endorsement; (f) in the case of an outfitter that is a corporation, the registration of the corporation has been revoked, or the name of the corporation has been struck off the register, pursuant to The Business Corporations Act; or (g) after considering the matters mentioned in section 15, the minister is of the opinion that the amendment, suspension or revocation of or refusal to renew the outfitter s licence is necessary in the public interest. (3) If 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. 2 Apr 2004 cn-3.1 Reg 3 s13.

8 8 N-3.1 REG 3 OUTFITTER AND GUIDE, 2004 Minister to provide notice 14(1) Before suspending, revoking or refusing to renew an outfitter s licence, or before 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 the outfitter with: (a) reasonable notice of the proposed changes, including written reasons; and (b) an opportunity to make written representations to the minister. (2) If, in the minister s opinion, a renewal or amendment of an outfitter s licence may adversely 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) If the minister considers it appropriate, the minister may 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) If 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) If, in the minister s opinion, an emergency exists, the minister may amend, suspend, revoke or refuse to renew an outfitter s licence without complying with this section. 2 Apr 2004 cn-3.1 Reg 3 s14. Relevant considerations 15 When amending, suspending, revoking, renewing or refusing to renew an outfitter s licence, the minister may consider any one or more of the following matters: (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 assigned outfitting areas; (d) the cultural, ecological or other characteristics of assigned outfitting areas; (e) the safety of outfitters, clients and the public, including the proximity of an assigned outfitting area to another assigned outfitting area; (f) available access to an assigned outfitting area; (g) the location of an outfitter s head office or other permanent or fixed facilities used in connection with the outfitter s business;

9 OUTFITTER AND GUIDE, 2004 N-3.1 REG 3 9 (h) the demonstrated use by an outfitter of an assigned outfitting area for each species for which the outfitter has an endorsement; (i) any other matter the minister considers relevant respecting the management, conservation and development of natural resources. 2 Apr 2004 cn-3.1 Reg 3 s15. Minister s decision final 16 The minister s decision to amend, suspend, revoke, 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 are removable by certiorari or otherwise by any court. 2 Apr 2004 cn-3.1 Reg 3 s16. Changes in information 17(1) If an applicant or holder of an outfitter s licence is a corporation and there is a change in the name of the corporation, within 90 days after that change, the corporation must advise the minister of the change, in writing, and submit the appropriate fee for an amended outfitter s licence as set out in Table 1. (2) If the holder of an outfitter s licence changes the location of his or her head office to another location within Saskatchewan, he or she must, within 30 days after the change, advise the minister of the change, in writing, and submit the appropriate fee for an amended outfitter s licence as set out in Table 1. (3) If the holder of an outfitter s licence sells or otherwise disposes of any of his or her outcamps, he or she must, within 30 days after the sale or other disposition, advise the minister, in writing, and submit the appropriate fee for an amended outfitter s licence as set out in Table 1. (4) An applicant shall provide the minister with any additional information requested by the minister respecting any change identified pursuant to this section. (5) On receipt of a written notice pursuant to this section, the minister may issue an amended outfitter s licence to the applicant if the minister considers it appropriate to do so. 2 Apr 2004 cn-3.1 Reg 3 s17. Other obligations of outfitter 18(1) Every outfitter shall: (a) display the outfitter s licence number or name, as shown on the outfitter s licence, in a visible location and in a sufficiently legible manner on all boats, canoes and other water vessels, vehicles, motors, stands and tents used in connection with the outfitter s business;

10 10 N-3.1 REG 3 OUTFITTER AND GUIDE, 2004 (b) ensure that all wildlife and fish taken by the outfitter s clients are identified as belonging to the client or group of clients who took 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 by the outfitter s clients; and (ii) the location in which the wildlife and fish were taken by the outfitter s clients; (e) ensure that every guide employed or retained by the outfitter carries identification, in a form satisfactory to the minister, evidencing the guide s authority to act as a guide for the outfitter; and (f) if clients must be guided while hunting pursuant to The Wildlife Act, 1998 or the regulations made pursuant to that Act, ensure that he or she, or every guide employed or retained by the outfitter, does not guide more than three clients at any one time. (2) The records mentioned in clauses (1)(c) and (d) are to be retained until the later of: (a) three years after the date on which they were created; and (b) the final disposition of any objection or other proceeding to which the records may be relevant. 2 Apr 2004 cn-3.1 Reg 3 s18. Prohibition re other activities 19(1) No outfitter shall: (a) act as an outfitter in connection with an activity unless his or her outfitter s licence is endorsed for that activity in accordance with section 4; (b) contravene the terms, conditions or restrictions imposed on his or her outfitter s licence; (c) fail to provide any information required to be provided by the outfitter pursuant to these regulations; (d) provide false or misleading information to the minister or the department; or (e) fail to produce an outfitter s licence at the request of an officer. (2) No outfitter or guide employed or retained by an outfitter shall: (a) exercise any hunting or angling privilege while acting as a guide; (b) restrict or attempt to restrict access by any other person to vacant Crown land or wildlife or fish resources;

11 OUTFITTER AND GUIDE, 2004 N-3.1 REG 3 11 (c) aid, abet, counsel or procure any other person to commit a contravention of an enactment mentioned in Table 2; or (d) fail to report a perceived contravention of an enactment mentioned in Table 2 by a client while the client is using the services of the outfitter or the guide. 2 Apr 2004 cn-3.1 Reg 3 s19. R.R.S. c.n-3.1 Reg 2 repealed 20 The Outfitter and Guide Regulations, 1996 are repealed. 2 Apr 2004 cn-3.1 Reg 3 s20. Transitional outfitter s licence 21 Notwithstanding the repeal of The Outfitter and Guide Regulations, 1996, any outfitter s licence issued pursuant to those regulations that was valid on the day before the coming into force of these regulations remains in force until its expiry date as if issued pursuant to these regulations and may be amended, suspended, revoked or renewed pursuant to these regulations. 2 Apr 2004 cn-3.1 Reg 3 s21. Coming into force 22 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 2 Apr 2004 cn-3.1 Reg 3 s22. Appendix TABLE 1 [Sections 7, 13 and 17] Fees FEE FOR PERIOD OUTFITTER S LICENCE ENDING MARCH 31 Administration fee for a first-time licence $300 Licence fee including one endorsement 200 Fee for each additional endorsement 100 Outcamp fee, per outcamp 50 Day-use lake fee, per lake 50 Licence amendment, per each approved request Apr 2004 cn-3.1 Reg 3.

12 12 N-3.1 REG 3 OUTFITTER AND GUIDE, 2004 TABLE 2 [Sections 12, 13 and 19] Enactments The following are the enactments for the purposes of sections 12, 13 and 19: (a) these regulations; (b) the provisions of the Criminal Code respecting firearms and mischief; (c) The Ecological Reserves Act and any regulations made pursuant to that Act; (d) The Environmental Management and Protection Act, 2002 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. 2 Apr 2004 cn-3.1 Reg 3. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2004