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Version of document from 2006-03-22 to 2014-03-31:

Northwest Territories Reindeer Regulations

C.R.C., c. 1238

NORTHWEST TERRITORIES ACT

Regulations for the Management and Protection of Reindeer in the Northwest Territories

Short Title

 These Regulations may be cited as the Northwest Territories Reindeer Regulations.

Interpretation

 In these Regulations,

export

export means to send, ship or otherwise convey or cause to be sent, shipped or otherwise conveyed from or out of the Territories to any place outside the Territories; (exporter)

grazing allotment

grazing allotment means an area described in a grazing licence; (étendue de pâturage)

herder

herder means a person who has been engaged by the Minister or his representative or by an owner to herd reindeer; (gardien)

hunting

hunting includes chasing, pursuing, molesting, worrying, injuring, following after or on the trail of, stalking or lying in wait for the purpose of taking reindeer, and any shooting at reindeer whether or not the reindeer is then or subsequently captured, killed or injured; (chasser)

licence

licence means a licence issued under these Regulations; (licence)

maverick

maverick means an unmarked reindeer; (renne errant)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

officer

officer means a Superintendent, game officer, member of the Royal Canadian Mounted Police or other person authorized by the Minister for the purpose of carrying out the provisions of these Regulations; (fonctionnaire)

owner

owner means a person or a group of persons who own reindeer in the Territories; (propriétaire)

permit

permit means a valid and subsisting permit to export reindeer or parts thereof, issued under these Regulations; (permis)

reindeer

reindeer means deer of the species Rangifer tarandus, native of Northern Europe, or the race Rangifer arcticus asiaticus, native of Northern Asia; (renne)

reserve

reserve means a reindeer grazing reserve established by order of the Governor in Council; (réserve)

stray

stray means a reindeer, found during an annual roundup of a herd held by the owner, that bears the registered mark of another owner; (renne égaré)

Superintendent

Superintendent means the officer in charge of a reserve or person acting in that capacity designated by the Minister. (surintendant)

Reserve

 The Superintendent may divide a reserve into grazing allotments and may change or modify the boundaries of the allotments or reduce or increase the number of allotments.

Agreements

  •  (1) The Minister may enter into agreements with Eskimos or Indians or persons with Eskimo or Indian blood living the life of an Eskimo or Indian for the herding of reindeer that are the property of Her Majesty.

  • (2) Such agreements shall be in the form prescribed by the Minister and may, if deemed advisable by him, include provisions for the transfer of such portions of the herd as are therein specified to the herders upon satisfactory completion of the agreement.

  • (3) The Minister may enter into agreements with Eskimos or Indians or with corporations controlled by Eskimos or Indians for the sale of reindeer that are the property of Her Majesty to those Eskimos, Indians or corporations.

  • (4) Agreements entered into pursuant to subsection (3) shall contain

    • (a) provisions for the maintenance by the purchaser of a herd of reindeer of a minimum number to be prescribed by the Minister and for the inspection by the Minister of that herd; and

    • (b) such other provisions as the Minister may deem necessary.

Licences and Permits

  •  (1) The Minister or any person authorized by him may issue the following licences:

    • (a) Class 1 — a licence to hunt reindeer;

    • (b) Class 2 — a licence to a reindeer owner for a grazing allotment within a reserve;

    • (c) Class 3 — a licence to transport by any means any reindeer or part thereof from a reserve.

  • (2) The Minister or any person authorized by him shall indicate in the licence the period for which it shall be valid unless sooner cancelled and the conditions to which it is subject.

  • (3) A Class 2 licence shall be issued subject to any rights granted to another person under the Territorial Lands Act or the Territorial Lands Regulations.

  • (4) A licence may be suspended, cancelled or the conditions thereof altered at any time by the Minister or any person authorized by him for any cause that to him seems sufficient.

 An officer may issue a permit for the exportation of reindeer or any part thereof.

Prohibitions

  •  (1) Except as authorized by licence, no person shall hunt reindeer.

  • (2) Subsection (1) does not apply to

    • (a) an officer or herder while acting in the course of his duties; or

    • (b) an owner in so far as his own reindeer are concerned.

  • (3) Except as authorized by licence, no person shall

    • (a) graze reindeer on a grazing allotment; or

    • (b) transport by any means reindeer or any part thereof from a reserve.

 An owner shall not allow his reindeer to run at large or at any time to be without herding protection satisfactory to the Superintendent.

 No person shall have in his possession any reindeer or part thereof killed or taken in violation of these Regulations.

 No owner shall permit or allow his reindeer to graze outside a reserve, unless he has obtained the consent of the Minister.

  •  (1) No reindeer meat shall be sold except under a marketing plan approved by the Minister or a person designated by him.

  • (2) Subsection (1) does not apply in the case of sales to individuals for their own use and not for re-sale.

 No person shall transfer or ship by any means reindeer or their carcasses or parts thereof from any place in the Territories to any other place within the Territories, other than in a reserve, without the consent of the Minister or some person authorized by him.

 No person shall export reindeer or any part thereof unless he has received a permit for the exportation of such reindeer or part thereof.

 No person, transportation company or common carrier shall accept for transportation reindeer or their carcasses or any part thereof for export unless a permit for such exportation is attached thereto.

  •  (1) No dog shall be allowed to run at large within a reserve.

  • (2) Subsection (1) does not apply to a dog that is being used for herding.

  • (3) Any dog, not used for herding, found running at large within a reserve may be destroyed by the Superintendent or anyone acting under his instructions.

  • (4) No damage or compensation may be recovered in respect of the destruction of a dog under this section.

    • SOR/2002-246, s. 2
  • (5) [Repealed, SOR/2002-246, s. 2]

Roundups

  •  (1) Unless prevented by conditions beyond his control, the owner of a reindeer herd shall hold an annual roundup for the purpose of checking the health of the reindeer, counting, classifying and recording the stock, applying the registered herd mark, balancing the herd with regard to breeding stock, selecting animals for slaughter in the winter, and checking and marking strays, but no roundup shall be held without the permission of the Superintendent.

  • (2) The owner shall notify the Superintendent at least 60 days prior to the roundup of the proposed time and place of such roundup.

  • (3) The Superintendent, unless prevented by circumstances beyond his control, shall attend each roundup where reindeer are to be counted, classified and marked, and shall check the records of the herd with particular reference to the strays from other herds.

  • (4) When the Superintendent is unable to attend a roundup he shall designate some other person to act in his stead.

Markings

  •  (1) An application for the approval and registration by the Superintendent of a herd mark shall be made on the form provided for the purpose, and shall include a drawing and a description of the mark.

  • (2) An owner of a reindeer herd shall cause each animal in the herd to bear an identifying herd mark, as approved and registered by the Superintendent.

  • (3) The registered mark shall be applied to the reindeer of each owner as soon as practicable after his ownership of the reindeer is established, with the exception of marked strays.

  • (4) A stray mark selected and approved by the Superintendent shall be applied to strays found during a roundup.

Strays

  •  (1) A record of all strays found at the annual roundup of each herd shall be made and retained by the Superintendent.

  • (2) As each stray is handled at the roundup, a stray mark selected by the Superintendent shall be applied to the stray to indicate that it has been recorded as a stray.

  • (3) Mavericks shall be marked with the herd mark of the herd in which they are found.

  • (4) After all the roundups for the season have been made, the Superintendent shall send to the owner of each herd a statement showing the strays found in his herd and the strays from his herd which have been located in other herds, together with the adjustments which the Superintendent proposes in order to effect an equitable settlement between the owners.

  • (5) When an adjustment has been made between herd owners, in accordance with the advice of the Superintendent, the marked strays in each of their herds shall be the property of the herd owner.

  • (6) Any disputes which may arise between owners with respect to strays, which cannot be settled between them, shall be referred to the Superintendent and his decision shall be final.

 Where an owner does not provide for adequate protection for or abandons his reindeer, the Superintendent on behalf of the Crown may take such action as he deems necessary for the protection of the reindeer.


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