C-61.1, r. 78 - Regulation respecting hunting and fishing controlled zones

À jour au 1^er avril 2016

Ce document a valeur officielle.

chapter C-61.1, r. 78

Regulation respecting hunting and fishing controlled zones

Act respecting the conservation and development of wildlife

(chapter C-61.1, ss. 110 and 162).

The fees prescribed in the Regulation have been indexed as of 1 April 2016 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 12 December 2015, page 1252. (ss. 19, 20, Sch. II, III)

DIVISION I INTERPRETATION AND SCOPE

1. In this Regulation,

“agency” means an agency that is a party to a memorandum of agreement in respect of the management of a controlled zone in accordance with section 106 of the Act respecting the conservation and development of wildlife (chapter C-61.1); (organisme)

“developed campground” means a site designated for camping, having a minimum of 8 grouped campsites, for which the Minister has issued an authorization under section 109 of the Act respecting the conservation and development of wildlife (chapter C-61.1); (camping aménagé)

“hunting implement” means any implement referred to in the Regulation respecting hunting (chapter C-61.1, r. 12); (engin de chasse)

“hunting season” means a hunting season referred to in the Regulation respecting hunting; (période de chasse)

“limited access sector” means a sector in a controlled zone for which an agency sets by by-law a limit on the number of hunting parties that may enter to hunt moose or a limit on the number of persons who may enter daily to fish; (secteur à accès contingenté)

“small game” means that referred to in section 2 of the Regulation respecting hunting; (petit gibier)

“wilderness campground” means a site or sector developed for camping for which the fees payable are established in a recreational activity development plan in accordance with section 106.0.1 of the Act; (camping rustique)

“ZEC” means a controlled zone, other than a salmon fishing ZEC or a wildfowl hunting ZEC, established for the purposes of hunting and fishing, in accordance with section 104 of the Act. (ZEC)

O.C. 1255-99, s. 1; O.C. 1093-2002, s. 1; O.C. 485-2004, s. 1; O.C. 64-2012, s. 1; O.C. 751-2014, s. 1.

2. This Regulation applies to hunting and fishing controlled zones mentioned in Schedule I and to those that will be established from 16 December 1999.

O.C. 1255-99, s. 2.

DIVISION II REGISTRATION AND ASSIGNMENT

3. An agency may, by by-law, determine the cases where a person who, for recreational purposes, enters or stays in a ZEC under its management or engages in any other activity therein, shall be required to register.

Such person must comply with the following registration procedure:

(1)  identify himself or herself with the person’s name and address, an identification number and, where applicable, the number of the person’s hunting or fishing licence;

(2)  specify a date and a single location or, as the case may be, a single sector in which the person will be hunting or fishing, for each day of hunting or fishing;

(3)  specify a date and a location or, as the case may be, a sector where the person will carry on a recreational activity that is part of a development plan approved by the Minister in accordance with section 106.0.1 of the Act, for each day the activity will be carried on;

(4)  place proof of registration on the dashboard of the person’s vehicle so that it may be read from the outside or carry and produce it upon request from a wildlife protection officer, a wildlife protection assistant or an area warden; the duly completed registration is to be deposited at the reception centre on leaving the controlled zone; and

(5)  pay the fees payable.

Subject to the fourth paragraph, a person may have the choice of location or sector for hunting, fishing or a recreational activity referred to in subparagraph 3 of the second paragraph modified by a registration officer by paying the difference if the person requests to be transferred to a location or sector for which the fees are higher. If there are no additional fees to be paid, the person may also have it done by a wildlife protection officer, a wildlife protection assistant or an area warden if they are able to immediately notify the registration officer. This paragraph does not apply to a person who hunts in a limited access sector.

If places are available and subject to the payment of fees, a person may also have a registration officer modify the choice of fishing location or sector in the following cases:

(1)  to replace a non-limited access sector by a limited access sector or a body of water referred to in section 17.1;

(2)  to replace a limited access sector or such a body of water by another limited access sector or another such body of water; and

(3)  to replace a limited access sector or such a body of water by a non-limited access sector.

O.C. 1255-99, s. 3; O.C. 485-2004, s. 2; O.C. 64-2012, s. 2; O.C. 751-2014, s. 2.

4. Where registration is required in accordance with section 3 and no registration officer is on duty and the person is unable to register by a remote registration service, the person shall fill out the registration form available at the reception centre and deposit it at the designated place.

O.C. 1255-99, s. 4; O.C. 64-2012, s. 3.

5. An agency may, by by-law, divide the ZEC territory into hunting sectors according to a given species, into fishing sectors or into sectors for other recreational activities.

O.C. 1255-99, s. 5; O.C. 1093-2002, s. 2.

6. An agency may, by by-law, prohibit in a hunting sector and for such time as it determines,

(1)  black bear hunting;

(2)  small game hunting during the hunting season for moose with a hunting implement authorized under the Regulation respecting hunting (chapter C-61.1, r. 12) except for the snaring of hare and hunting for migratory game birds under the Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22).

O.C. 1255-99, s. 6.

7. A person may not hunt or fish in a ZEC except on the date, in the location or, where applicable, sector specified on the registration.

The location or sector specified on the registration does not grant any exclusive hunting or fishing right in that part of the territory.

At the end of his stay, a person shall declare to the registration officer the number of animals or fish of each species caught and kept and, the date and location where they were taken, and shall also produce the fish or animals on request from the officer and allow any required handling or sampling.

In the case provided for in section 4, a person shall make that declaration on the form provided at the reception centre and deposit it at the designated place.

O.C. 1255-99, s. 7; O.C. 64-2012, s. 4.

DIVISION III LIMITED ACCESS SECTORS

§ 1 . — Moose hunting sector

O.C. 485-2004, s. 4.

8. An agency may, by by-law, for moose hunting during the hunting season with a Type 13 implement, limit the number of hunting parties that may be admitted at the same time into each of the sectors it has established and the number of hunters per party, provided it does so for the whole ZEC and for the entire duration of the hunting season with that type of implement.

The number of hunting parties that may be admitted at the same time for each stay the duration of which is set pursuant to section 13 shall be equal to or greater than the number arrived at by using the following formula:

Number of        =        Area of the ZEC in km2
hunting parties           _____________________________

                          (number of days in the moose
                          hunting season using a Type 13
                          hunting implement) x 3    

O.C. 1255-99, s. 8; O.C. 485-2004, s. 3.

9. In order to hunt in a limited access sector, a person shall be part of a party selected in accordance with section 10.

O.C. 1255-99, s. 9.

10. An agency shall select moose hunting parties and prepare a waiting list to fill cancellations by a draw of lots held each year not less than 3 months before the beginning of the hunting season.

O.C. 1255-99, s. 10.

11. At least 1 month prior to selecting parties, the agency shall publish the terms and conditions for participating in the draw of lots in 2 Québec newspapers, one of which with a province-wide circulation and the other circulated in the region of the ZEC or in the nearest region, if there is no newspaper in the region.

O.C. 1255-99, s. 11.

12. At the draw of lots, a person shall be put in charge of each selected hunting party and each party shall be assigned a stay and a hunting sector.

O.C. 1255-99, s. 12.

13. The person in charge of a selected party shall be assigned one reservation only per year by the agency for a minimum of 3 hunters and for 3 to 7 consecutive days.

O.C. 1255-99, s. 13.

14. No person who hunted moose in a limited access sector during the hunting season with Type 13 hunting implements may hunt moose again in the ZEC to which that sector belongs within the same year.

O.C. 1255-99, s. 14; O.C. 485-2004, s. 3.

15. The person in charge of a selected party may designate a substitute at any time before the beginning of the stay after notifying the agency.

O.C. 1255-99, s. 15.

§ 2 . — Fishing sector

O.C. 485-2004, s. 5.

15.1. An agency may determine, by by-law, for fishing purposes, the maximum number of fishers who may be admitted daily to each sector it has established, to the extent that each sector corresponds to a body of water referred to in section 17.1, up to 5 sectors; the number of fishers must be at least 6 per sector.

O.C. 485-2004, s. 5.

15.2. To be able to fish in a limited access sector, a person must have been selected as provided in section 15.3.

O.C. 485-2004, s. 5.

15.3. The agency shall select fishers according to one of the following methods:

(1)  at least 2 months before the fishing season, by an annual draw of lots or by telephone reservation, for the selection of at least half the number of fishers who may be admitted daily to all the limited access sectors in the ZEC;

(2)  on the second day before the day on which the activity is to take place, by a draw of lots or by telephone reservation;

(3)  on the day before the day the activity is to take place, by telephone reservation; and

(4)  on the day the activity is to take place, by a draw of lots from among the persons present at the reception station.

O.C. 485-2004, s. 5.

15.4. At least 1 month prior to selecting the fishers, the agency shall publish the terms and conditions for participation in the draw of lots or telephone reservation in 2 newspapers, one of which with province-wide circulation and the other circulated in the region where the ZEC is located, or where that is not possible, in the nearest region.

O.C. 485-2004, s. 5.

15.5. Following a draw of lots held in accordance with paragraph 1 or 2 of section 15.3, each person selected shall be assigned a rank for the choice of a date and a limited access sector.

Following a draw of lots held in accordance with paragraph 4 of that section, each person selected shall be given the choice of a limited access sector.

O.C. 485-2004, s. 5.

15.6. A person selected following a draw of lots or who makes a telephone reservation shall be assigned only one reservation by the agency for a limit of 3 persons in the same limited access sector.

O.C. 485-2004, s. 5.

DIVISION IV FEES PAYABLE

16. The fees payable by a person applying for membership that may be set by by-law of an agency shall not be less than $10 nor more than $30.

O.C. 1255-99, s. 16; O.C. 382-2010, s. 1.

17. A person may not fish or hunt in a ZEC unless the person has paid the fees set by by-law of the agency; the fees may not exceed the amounts prescribed in Schedule II or those set in accordance with section 24 in the case of a non-resident.

Where the agency fails to set the daily fees for white-tailed deer, moose, caribou or black bear hunting, a person shall pay the corresponding lump-sum fee set under section 21.

O.C. 1255-99, s. 17; O.C. 485-2004, s. 6.

17.1. An agency may also, for no more than 5 bodies of water, set daily fishing fees by by-law, the amount of which may be increased up to double the amount the agency has set in accordance with the first paragraph of section 17; in such a case, any lump-sum fishing fee set by the agency does not apply to those bodies of water.

O.C. 485-2004, s. 7.

18. Section 17 does not apply to a Native person who enters a ZEC to travel to his trapping grounds located in a beaver reserve for the purpose of carrying out activities related to trapping.

O.C. 1255-99, s. 18.

19. No person may use a vehicle to travel in a ZEC unless he has paid the travel fees set by by-law of the agency, which shall not exceed, subject to section 22,

(1)  (a)  $10.51 if the person is travelling alone, whether or not the person is bringing in additional vehicles;

(b)  $10.51 for all persons, if the person is travelling with other persons but is not bringing in additional vehicles;

(c)  $10.51 per person, if the person is travelling with other persons and bringing in additional vehicles or, where applicable, $10.51 per vehicle, if the number of vehicles including the main vehicle is less than the number of persons travelling; and

(2)  when entering or leaving the ZEC between 10:00 p.m. and 7:00 a.m. from 16 April to 14 September, or between 9:00 p.m. and 6:00 a.m. from 15 September to 15 April, an additional amount of $4.21 may be charged to the driver of the main vehicle.

The first paragraph does not apply to

(1)  a person travelling in a ZEC in the performance of his duties;

(2)  a person who travels in a ZEC solely to reach a private property located in the territory of the ZEC but not forming part of the ZEC;

(2.1)  a person who travels in a ZEC solely to reach a principal residence or private property and come back from there, if there is no other practicable road possible;

(3)  a person whose travel fees have been paid, in accordance with section 106.2 of the Act respecting the conservation and development of wildlife (chapter C-61.1), by an outfitter, an agency or a recreational association;

(4)  a person who just travels through a ZEC, and for whom the corresponding travel fees are paid to the agency by another person, an association or a group;

(5)  a person who travels in a ZEC to reach lands in the domain of the State on which exclusive trapping rights only are granted, in a wildlife reserve, in another controlled zone or to reach a beaver reserve for the purpose of carrying out activities related to trapping, and to come back from there; and

(6)  a lessee of exclusive trapping rights, a professional trapping licence holder or a person referred to in sections 5 to 7 of the Regulation respecting trapping activities and the fur trade (chapter C-61.1, r. 3) authorized by the lessee to trap, who travels in a ZEC for the purpose of carrying out activities related to trapping.

O.C. 1255-99, s. 19; O.C. 1093-2002, s. 3; O.C. 485-2004, s. 8; O.C. 450-2008, s. 1; O.C. 382-2010, s. 2; O.C. 64-2012, s. 5.

19.1. A person may not, in a ZEC, carry on a recreational activity forming part of a development plan approved by the Minister in accordance with section 106.0.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1) unless that person has paid the amount of fees fixed under that provision.

O.C. 1093-2002, s. 4.

20. An agency may, by by-law, set for the benefit of its members a seasonal lump-sum fee for fishing, an annual lump-sum fee for hunting and an annual lump-sum fee for the practice of all activities mentioned in paragraphs 1 to 7, provided that the agency sets a fee for each activity set forth hereunder, not to exceed

(1)  $151 for fishing from 1 December to 15 April;

(2)  $151 for fishing from 16 April to 30 November;

(3)  $151 for hunting, other than white-tailed deer, moose, caribou or black bear hunting;

(4)  $251.79 for white-tailed deer hunting;

(5)  $387.18 for moose hunting;

(6)  $251.79 for caribou hunting;

(7)  $251.79 for black bear hunting;

(8)  $608.43 for all activities prescribed under paragraphs 1 to 7.

O.C. 1255-99, s. 20; O.C. 382-2010, s. 3.

21. Where an agency does not set daily fees for white-tailed deer, moose, caribou or black bear hunting, it shall set by by-law an annual lump-sum fee to be paid by all persons for those activities. The amount of the lump-sum fee shall not exceed the amounts provided for in section 20.

The lump-sum fees set by the agency in accordance with the first paragraph or with section 20 shall apply to the whole territory of the ZEC.

O.C. 1255-99, s. 21.

22. An agency may set, by by-law, for the benefit of any person, the person’s spouse and their minor children, an annual lump-sum fee not exceeding an amount prescribed in Schedule III, to travel by vehicle in the territory of the ZEC under its management.

An agency may also set, by by-law, for the benefit of any person, the person’s spouse, their minor children and the persons accompanying them, an annual lump-sum fee, the amount of which may be increased up to double the amount the agency has set in accordance with the first paragraph, to travel by vehicle in the territory of the ZEC.

Payment of the lump-sum fee referred to in the first and second paragraphs does not exempt the person from payment of the fees under subparagraph 2 of the first paragraph of section 19.

O.C. 1255-99, s. 22; O.C. 485-2004, s. 9.

23. (Revoked).

O.C. 1255-99, s. 23; O.C. 485-2004, s. 10.

24. An agency may, by by-law, increase the fees payable by non-residents up to twice the fees set by the agency for residents under this Division.

This section does not apply to travel fees prescribed in sections 19 and 22.

O.C. 1255-99, s. 24.

25. As provided for in the second paragraph of section 110 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the fees which may be set by an agency under this Division may vary according to the criteria referred to in that paragraph.

O.C. 1255-99, s. 25.

DIVISION IV.1 RECREATIONAL ACTIVITIES

O.C. 485-2004, s. 11.

25.1. An agency may, by by-law, prohibit or authorize a recreational activity on the conditions determined by the agency in a sector it has established for recreational activities, provided that the activity is part of a development plan approved by the Minister in accordance with section 106.0.1 of the Act.

Regarding camping, the agency must ensure that 20% of the sites and the area of the sectors of the wilderness campgrounds are reserved for 3-week stays or shorter.

No agency may prohibit tent camping in its territory.

O.C. 485-2004, s. 11; O.C. 64-2012, s. 6; O.C. 751-2014, s. 3.

25.2. No person may, for the purposes of carrying on a recreational activity, install equipment in the right of way of a road or trail or in a loading zone, except where required for the proper management of the territory of the ZEC.

O.C. 485-2004, s. 11.

25.3. A person authorized to camp in the territory of a ZEC must comply with the following conditions:

(1)  use camping equipment that is mobile, temporary and not attached to the ground; and

(2)  with the exception of campgrounds and storage sites set up by the agency, remove the person’s camping equipment from the territory of the ZEC from the later of the following dates, November 30 or 48 hours after the end of big game hunting in the territory of the ZEC, until 15 April.

O.C. 64-2012, s. 7.

DIVISION IV.2 ASSIGNMENT FOR PROMOTIONAL PURPOSES

O.C. 64-2012, s. 7.

25.4. Despite Division III, an agency may assign a number of hunters and fishers to any sector of the ZEC for promotional purposes and according to the procedure it determines by by-law; however, that number may not exceed the maximum provided for in Division III and the annual value of that assignment must not exceed $1,000.

O.C. 64-2012, s. 7.

DIVISION V VEHICLES

26. An agency may, by by-law, prohibit for a given period the use of any type of vehicle for competitions, races or rallies.

O.C. 1255-99, s. 26.

27. An agency may, by by-law, prohibit the recreational use of motor vehicles intended to be operated off public highways during the moose or white-tailed deer hunting season determined by the Regulation respecting hunting (chapter C-61.1, r. 12), except where the vehicle is used to retrieve the carcass of such animal.

O.C. 1255-99, s. 27; O.C. 64-2012, s. 8.

27.1. No person may travel in a vehicle on a trail laid out for recreational activities that do not include travel by vehicle where the activities are part of a development plan referred to in section 25.1; such a trail must be identified as a trail for such activities.

O.C. 485-2004, s. 12.

27.2. No person may park a vehicle in the right of way of a road or trail in such manner as to impede traffic or in a loading zone.

O.C. 485-2004, s. 12.

DIVISION VI HUNTING IMPLEMENT

28. A forest worker working in a ZEC may be in possession of a hunting implement provided that he has registered in accordance with any by-law made pursuant to section 3 and paid the fees required under a by-law made pursuant to Division IV.

O.C. 1255-99, s. 28.

DIVISION VI.1 INDEXING

O.C. 485-2004, s. 13.

28.1. As of 1 April 2007, the maximum amounts of fees payable for fishing or hunting, set pursuant to sections 17 and 20, and the maximum amounts of travel fees set pursuant to sections 19 and 22 are adjusted annually based on the annual percentage change, calculated for the month of June of the preceding year, in the general Consumer Price Index (CPI) published by Statistics Canada.

The Minister is to publish the results of the adjustment in Part 1 of the Gazette officielle du Québec or by any other appropriate means.

O.C. 485-2004, s. 13; O.C. 55-2008, s. 2.

DIVISION VII PENAL

29. Any person who contravenes any of sections 3, 4, 7, 9, 14, 17, 19, 19.1, 25.2, 25.3, 27.1, 27.2 and 28 or any section of a by-law made by an agency pursuant to sections 6, 25.1, 26 and 27, commits an offence.

O.C. 1255-99, s. 29; O.C. 485-2004, s. 14; O.C. 64-2012, s. 9.

DIVISION VIII TRANSITIONAL AND FINAL

30. Where the territory of a ZEC that has been divided into sectors for hunting, fishing or other recreational activities and such territory is enlarged by the Minister, that enlargement shall constitute an additional sector for hunting, fishing or other recreational activities, as the case may be, until such time as a by-law respecting that enlargement, made by the agency under section 5, comes into force.

For the purposes of this section, where the added territory is made up of separate areas, each area shall be deemed to constitute a separate sector.

O.C. 1255-99, s. 30; O.C. 485-2004, s. 15.

31. The by-laws made by an agency managing a hunting and fishing ZEC under the provisions of the Regulation respecting controlled zones (O.C. 122-89, 89-02-08) shall remain in force until they are amended, replaced or revoked by a by-law of that agency made under the provisions of this Regulation.

O.C. 1255-99, s. 31.

32. (Omitted).

O.C. 1255-99, s. 32.

SCHEDULE I

(a. 2)

HUNTING AND FISHING CONTROLLED ZONES

Anses

Anse Saint-Jean

Baillargeon

Bas-Saint-Laurent

Batiscan-Neilson

Bessonne

Borgia

Boullé

Bras-Coupé-Désert

Buteux–Bas-Saguenay

Cap-Chat

Capitachouane

Casault

Chapais

Chapeau-de-Paille

Chauvin

Collin

Croche

D’Iberville

Dumoine

Festubert

Forestville

Frémont

Gros-Brochet

Jaro

Jeannotte

Kipawa

Kiskissink

Labrieville

Lac-au-Sable

Lac-Brébeuf

Lac-de-la-Boiteuse

Lavigne

Lesueur

Lièvre

Louise-Gosford

Maganasipi

Maison-de-Pierre

Mars-Moulin

Martin-Valin

Martres

Matimek

Mazana

Menokeosawin

Michinamecus

Nordique

Normandie

Nymphes

Onatchiway

Owen

Passes

Petawaga

Pontiac

Rapides-des-Joachims

Restigo

Rivière-aux-Rats

Rivière-Blanche

Saint-Patrice

Tawachiche

Trinité

Varin

Wessonneau

O.C. 1255-99, Sch. I; M.O. 2006-043.

SCHEDULE II

(s. 17)

MAXIMUM FEES PAYABLE TO FISH AND HUNT

As of 1 April 2015

(1) $26.54 per day for fishing from 1 December to 15 April;

(2) $26.54 per day for fishing from 16 April to 30 November;

(3) $26.54 per day for hunting, other than white-tailed deer, moose, caribou or black bear hunting;

(4) $44.03 per day for white-tailed deer hunting;

(5) $66.38 per day for moose hunting;

(6) $44.03 per day for caribou hunting;

(7) $44.03 per day for black bear hunting.

O.C. 485-2004, s. 16; O.C. 382-2010, s. 4.

SCHEDULE III

(s. 22)

MAXIMUM ANNUAL LUMP-SUM FEES TO TRAVEL BY VEHICLE

(1) $104.87 where only 1 vehicle is used;

(2) $125.89 where 2 vehicles are used;

(3) $139.81 where 3 or more vehicles are used.

O.C. 485-2004, s. 16; O.C. 382-2010, s. 5.

REFERENCES

O.C. 1255-99, 1999 G.O. 2, 4381

S.Q. 2000, c. 48, s. 36

O.C. 1093-2002, 2002 G.O. 2, 5272

O.C. 485-2004, 2004 G.O. 2, 1642

M.O. 2006-043, 2006 G.O. 2, 3585

O.C. 55-2008, 2008 G.O. 2, 620

O.C. 450-2008, 2008 G.O. 2, 1593

O.C. 382-2010, 2010 G.O. 2, 1137

O.C. 64-2012, 2012 G.O. 2, 450

O.C. 751-2014, 2014 G.O. 2, 1809