NEWFOUNDLAND AND LABRADOR

OUTDOOR BILL OF RIGHTS

 

1.     The Legislature of Newfoundland and Labrador hereby acknowledges, declares and affirms the ancient and traditional rights of hunting, angling and the gathering of wild foods by the citizens of this province and their free and unimpeded access to public lands for that purpose.

2.    And the Legislature of Newfoundland and Labrador acknowledges declares and affirms these rights of hunting, angling and the gathering of wild foods as constituting an inalienable part of the way of life of the citizens of this Province being part of their freedom, life, liberty and security of the person.

3.     And the Legislature of Newfoundland and Labrador acknowledges declares and affirms that the Crown in Right of Newfoundland and the

Legislature of Newfoundland and Labrador hold the wildlife, fish, game, wildfoods and other natural resources of this province in trust for all the citizens of Newfoundland and Labrador.

4.    It is hereby acknowledged declared and affirmed that in Newfoundland and Labrador the citizens of this province have enjoyed and continue to enjoy the right of equal and common access to wildlife, fish, game, wildfoods and other renewable natural resources which support, sustain and are an indivisible part of the way of life of the citizens of this province and that the citizens of this province are permitted free and unimpeded access to public lands, lakes, ponds and riven even across private land if no access across public land is reasonably near and that such access is a right enjoyed by all citizens at no cost and at all times and that holders of lands in fee simple or by lease or any other specie of title shall facilitate the access aforesaid.

5.    It is hereby acknowledged that the rights contained in this act are subject to laws for the purpose of conservation of wildlife, fish, game, wildfoods and other renewable natural resources.

6.    Every law of Newfoundland and Labrador shall, unless it is expressly declared by an act of the Legislature of Newfoundland and Labrador that it

shall operate notwithstanding the Newfoundland and Labrador Outdoor Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Newfoundland and Labrador shall be construed or applied so as to

(a)    Authorize the issuance or creation of any license or licensing power including the charging of fees of any sort whosoever by a corporation or association or individual in respect to wildlife, fish, game, wildfoods and other renewable natural resources apart from that of the government of Newfoundland and Labrador which by this act is expressly prohibited from delegation of any of its licensing powers to any corporation or organization or association or individual in respect of wildlife, fish, game, wildfoods and other renewable natural resources in this province.

(b)  Authorize or effect any quota or allocation of salmon or trout to any individual or corporation or group of individuals or corporations apart from allocations or quotas applicable equally to all citizens including non-residents angling in Ihe province.

(c)  Authorize any individual or association or corporation to have the right to charge a fee for the right to fish, hunt or gather wildfood, or in any other way to impede or restrict the equal and common right of all citizens to exercise their rights of hunting, angling and the gathering of wild foods including charging fees for passage on any access road to a river or pond or area used for hunting, fishing or the gathering of wildfoods in anyway whatsoever.

(d)   Grant or convey riparian rights or interests in the waters of Newfoundland and Labrador to any individual or association or corporation in any manner whatsoever.

(e)   Authorize in any big game management area a quota to outfitters in excess often percent (10%) of the total harvestable moose and twenty five percent 25% of the total harvestable caribou for any year.

(0   Authorize the construction of any lodge, cabin or structure utilizable for habitation within 33 metres of any scheduled salmon river.

7.     The Minister of Justice shall in accordance with such regulations as may be prescribed by the Lieutenant Governor in Council, examine every proposed regulation submitted in draft form to the Clerk of the Privy Council and every Bill introduced in or presented to the House of Assembly, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this act and he shall report any such inconsistency to the Legislature of Newfoundland and Labrador at the first convenient opportunity.

8.    This act shall be known as the NEWFOUNDLAND AND LABRADOR OUTDOOR BILL OF RJGHTS.

9.    Nothing in this act shall abrogate or abridge in any way whatsoever any rights of aboriginal people in this province.