C-61.1, r. 18.1 - Regulation providing the framework for the search for and killing of an animal that is fatally injured as a result of a hunting activity

À jour au 1^er novembre 2024

Ce document a valeur officielle.

chapter C-61.1, r. 18.1

Regulation providing the framework for the search for and killing of an animal that is fatally injured as a result of a hunting activity

Act respecting the conservation and development of wildlife

(chapter C-61.1, ss. 61.1, 61.2, 61.3, s. 163, 1st par., subpars. 1 and 3).

CHAPTER I TRACKING DOG HANDLER CERTIFICATE

M.O. 2024-0010, c. I.

1. The tracking dog handler certificate is a document establishing that the holder is authorized, on the conditions set out in this Regulation, to help search, with the help of a dog and in possession of a firearm, for an animal that is fatally injured as a result of a hunting activity and, if applicable, to kill the animal.

M.O. 2024-0010, s. 1.

2. To obtain a tracking dog handler certificate, a person must apply to the Minister and must

(1)  be a resident within the meaning of section 1.2 of the Act respecting the conservation and development of wildlife (chapter C-61.1);

(2)  provide his or her name, address and date of birth; and

(3)  hold an attestation confirming the successful completion of training on the search, with the help of a dog, for an animal that is fatally injured as a result of a hunting activity, that is recognized by the Minister and comprises

(a)  a theoretical component and a practical component including the conduct, methods and good practices of such a search;

(b)  a theoretical component on the applicable standards and the safe and efficient use of a firearm during such a search and, if applicable, during the killing of the animal; and

(c)  following the successful completion of the components referred to in subparagraph a, the acquisition of at least 3 years of experience during which the person has been called upon a minimum of 45 times to help search, with the help of a dog, for an animal that is fatally injured as a result of a hunting activity.

M.O. 2024-0010, s. 2.

3. The tracking dog handler certificate is valid for as long as the holder is a resident.

It indicates the holder’s name and bears a number.

M.O. 2024-0010, s. 3.

CHAPTER II DEROGATIONS

M.O. 2024-0010, c. II.

4. Despite section 30.2 of the Act respecting the conservation and development of wildlife (chapter C-61.1), a person who helps search, with the help of a dog, for an animal that is fatally injured as a result of a hunting activity may use a lighting at night to detect the presence of big game in a place frequented by it.

M.O. 2024-0010, s. 4.

5. Despite section 30.3 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the holder of a tracking dog handler certificate may be in possession of a loaded firearm at night in a place frequented by wildlife.

M.O. 2024-0010, s. 5.

CHAPTER III CONDITIONS

M.O. 2024-0010, c. III.

6. The owner of a dog or the person using a dog to help search for an animal that is fatally injured as a result of a hunting activity must make sure that the dog is kept leashed at all times.

M.O. 2024-0010, s. 6.

7. A person who helps search, with the help of a dog and in possession of a firearm, for an animal that is fatally injured as a result of a hunting activity must

(1)  hold a tracking dog handler certificate, have it in his or her possession and, at the request of a wildlife protection officer or a wildlife protection assistant, identify himself or herself and produce the certificate of his or her capacity issued by the Minister;

(2)  help search for an animal that is fatally injured, namely, a moose, a white-tailed deer, a black bear or a wild turkey;

(3)  wear a fluorescent orange garment that covers at least 2,580 cm2 of the wearer’s back, shoulders and chest and is visible at all times from all angles, and that, at night, has reflective strips;

(4)  use a lighting device for a night search; and

(5)  the firearm in his or her possession

(a)  is a rifle of a caliber permitted for hunting the animal tracked, regardless of the hunting period and zone;

(b)  is used with cartridges permitted for hunting the animal tracked, regardless of the hunting period and zone;

(c)  is loaded only at the time the animal is within 100 m from the person; and

(d)  does not have a magnifying instrument.

M.O. 2024-0010, s. 7.

8. A person accompanying a person referred to in section 7 and who helps search, with the help of a dog, for an animal that is fatally injured as a result of a hunting activity must comply with the conditions set out in paragraphs 3 and 4 of that section.

M.O. 2024-0010, s. 8.

9. A person referred to in section 7 is authorized to kill, using a firearm in his or her possession, an animal that is fatally injured as a result of a hunting activity on the following conditions:

(1)  it is before midnight the day after the last day of the hunting period during which the animal was fatally injured;

(2)  after killing an animal, the person must

(a)  inform without delay the hunter who requested his or her services in order to allow the hunter to comply with the transportation and registration obligations; and

(b)  when the person discharges a firearm before midnight the day after the last day of the hunting period or at night, inform as soon as possible SOS Braconnage – Urgence faune sauvage, by telephone or using the platform or the form provided for that purpose, and provide

i.  his or her name and telephone number;

ii.  the number of the tracking dog handler certificate;

iii.  the geographical coordinates of the location where the search for the animal began;

iv.  the date and time at which the firearm was discharged; and

v.  the name and telephone number, or the certificate number of the hunter requiring his or her services to help search for the animal that is fatally injured.

M.O. 2024-0010, s. 9.

CHAPTER IV FINAL

M.O. 2024-0010, c. IV.

10. The Tracking Dog Handler Pilot Project (chapter C-61.1, r. 25.1) is revoked.

M.O. 2024-0010, s. 10.

11. (Omitted).

M.O. 2024-0010, s. 11.

REFERENCES

M.O. 2024-0010, 2024 G.O. 2. 3569