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Upper Clements Game Sanctuary Designation and Regulations
made under Sections 14 and 113 of the
Wildlife Act
R.S.N.S. 1989, c. 504
O.I.C. 77-1072 (August 30, 1977), N.S. Reg. 99/77
as amended up to O.I.C. 2011-120 (March 29, 2011), N.S. Reg. 157/2011
The Governor in Council on the report and recommendation of the Minister of Lands and Forests dated the 25th day of August, A.D., 1977, pursuant to Section 161(1) of Chapter 163 of the Revised Statutes of Nova Scotia, 1967, the Lands and Forests Act, Part III - Game, is pleased to:
(a) declare that the area described in Schedule “A” and shown outlined in red on Schedule “B”, both schedules attached to the report and recommendation be a game sanctuary to be known as the Upper Clements Game Sanctuary;
(b) make regulations in the form set out in Schedule “C” attached to the report and recommendation, for the control of the game sanctuary and the protection of the wildlife therein.
Schedule “A”
All that certain lot, piece, or parcel of land situate, lying and being at Upper Clements, in the County of Annapolis, Province of Nova Scotia as shown outlined in red on the copy of Crown Land Records Plan No. E-9-40B marked Schedule “B” attached hereto and being and intended to be “Upper Clements Game Sanctuary”; the said parcel of land being more particularly described as follows:
Beginning at the intersection of the southern boundary of Highway No. 1 with a western boundary of land now or formerly of James L. Horsfall and situate (by grid bearings referenced to the Nova Scotia 3o Modified Transverse Mercator Projection, zone 5, central meridian 64o 30' west longitude) N 67o 15' 33" E a distance of 458.11' from Nova Scotia Co-ordinate Monument No. 14786 having co-ordinate values (Northing 16,247,520.97', Easting 17,768,692.23');
Thence (from the place of beginning) S 18o 39' 53" E following a western boundary of land now or formerly of James L. Horsfall 4,891.68' to a point;
Thence N 54o 55' 00" E following a southern boundary of land now or formerly of James L. Horsfall 496.37' to a point;
Thence N 48o 06' 29" E following a southern boundary of land now or formerly of James L. Horsfall 1,278.21' to a point;
Thence S 18o 31' 06" E following a western boundary of land now or formerly of Douglas Oliver Hubley 6,687.41' to a point on the northern boundary of Guinea Road;
Thence westerly along the northern boundary of Guinea Road 3,610' more or less to a point, said point being S 53o 53' 35" W a distance of 3,599.32' from the last described point;
Thence N 18o 40' 47" W following an eastern boundary of land now or formerly of Carl O’Brien 6,555.75' to a point;
Thence N 53o 41' 15" E following a southern boundary of land now or formerly of International Cooperage of Canada Limited 57.86' to a point on the western boundary of Ryerson Road;
Thence northerly along the western boundary of Ryerson Road 4,924' more or less to point on the southern boundary of the No. 1 highway;
Thence easterly along the southern boundary of the No. 1 highway 1,157' more or less to a point;
Thence northerly along a southeastern boundary of the No. 1 highway 42' more or less to a point;
Thence easterly along the southern boundary of the No. 1 highway 623' more or less to the place of beginning.
The above described parcel of land contains 712 acres + or -.
Schedule “A” replaced: O.I.C. 85-1290, N.S. Reg. 218/85.
Schedule “B”
[Note: Schedule “B” was not filed with the Registry of Regulations. The map contained in Schedule “B” is available for viewing at the Department of Natural Resources.]
Schedule “B” replaced: O.I.C. 85-1290, N.S. Reg. 218/85.
Order in Council 95-500
The Governor in Council on the report and recommendation of the Minister of Natural Resources dated June 20, 1995, pursuant to Section 14 of Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, and to Section 16(1)(a) of Chapter 114 of the Revised Statutes of Nova Scotia, 1989, the Crown Lands Act, is pleased to:
(a) subtract from the Upper Clements Game Sanctuary an area of land containing 26 hectares, more or less, as described in Schedule “A” and shown in bold on Schedule “B” attached to and forming part of the report and recommendation; and
(b) [Not filed as a regulation.]
Schedule “A”
All that certain lot, piece, or parcel of land situate, lying and being at Upper Clements in the County of Annapolis, Province of Nova Scotia, shown on a compiled plan (Field Plot No. P-070/95) and filed in the Department of Natural Resources Office, Halifax, the said parcel of land being more particularly described as follows:
Beginning at a point on the southwestern boundary of land of James L. Horsfall and M. Constance Horsfall and situate (by grid bearings referenced to the Nova Scotia 3o Modified Transverse Mercator Projection, Zone 5, central meridian 64° 30' west longitude) S 28° 17' 43" W a distance of 414.509 metres from Nova Scotia Co-ordinate Monument No. 14784 having coordinate values (Northing 4,952,551.769 metres, Easting 5,416,373.735 metres);
Thence N 18° 32' 29" W following the southwestern boundary of land of James L. Horsfall and M. Constance Horsfall a distance of 4 metres more or less to the centerline of a small brook;
Thence westerly following the southern boundary of land of James L. Horsfall and M. Constance Horsfall and following the centerline of said small brook a distance of 149 metres more or less to a point;
Thence N 18° 52' 38" W following the southwestern boundary of land of James L. Horsfall and M. Constance Horsfall a distance of 92 metres more or less to the southeastern boundary of Highway No. 1;
Thence southwesterly following the southeastern boundary of Highway No. 1 a distance of 190 metres more or less to a point;
Thence southeasterly continuing to follow the southeastern boundary of Highway No. 1 a distance of 3 metres more or less to a point;
Thence southwesterly continuing to follow the southeastern boundary of Highway No. 1 a distance of 348 metres more or less to the intersection with the southwestern edge of the Ryerson Road;
Thence S 16° 04' E following the southwestern edge of the Ryerson Road a distance of 91 metres more or less to a point;
Thence S 73° 52' E following the rear of the parking lot area a distance of 152 metres more or less to a point;
Thence N 32° 36' E a distance of 112 metres more or less to a point on the perimeter fence (so-called);
Thence S 41° 54' E following the perimeter fence a distance of 23 metres more or less to a point;
Thence S 34° 49' E continuing to following the perimeter fence a distance of 9 metres more or less to a point;
Thence S 27° 42' E continuing to following the perimeter fence a distance of 64 metres more or less to a point;
Thence S 41° 31' W continuing to following the perimeter fence a distance of 34 metres more or less to a point;
Thence S 51° 27' W continuing to following the perimeter fence a distance of 39 metres more or less to a point;
Thence S 61° 41' W continuing to following the perimeter fence a distance of 47 metres more or less to a point;
Thence S 18° 51' E continuing to following the perimeter fence and the prolongation thereof a distance of 115 metres more or less to the western edge of the Ryerson Brook Nature Trail;
Thence following the eastern, southern and western edge of the Ryerson Brook Nature Trail a distance of 290 metres to a point;
Thence N 59° 21' E a distance of 351 metres more or less to the southwestern boundary of land of James L. Horsfall and M. Constance Horsfall;
Thence N 18° 32' 29" W following the southwestern boundary of land of James L. Horsfall and M. Constance Horsfall a distance of 372.935 metres more or less to the place of beginning.
The above described parcel of land contains 26 hectares more or less.
Together with a 20 metre right-of-way in common with the Crown over land of James L. Horsfall and M. Constance Horsfall, shown graphically on compiled plan P-070/95 and shown in accurate detail on previous plan of survey P-143/92 by S. Gregory Smith, N.S.L.S., dated January 12, 1993, and as described in a conveyance from James L. Horsfall and M. Constance Horsfall to the Crown recorded in Book 487, Page 95.
Schedule “B”
[Note: Schedule “B” was not filed with the Registry of Regulations. The map contained in Schedule “B” is available for viewing at the Department of Natural Resources.]
O.I.C. 2011-120
The Governor in Council on the report and recommendation of the Minister of Natural Resources dated February 24, 2011, is pleased to:
(a) Clause (a) not filed as a regulation.
(b) pursuant to Section 14 of Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, subtract any portions of the Upper Clements Game Sanctuary contained within the parcel of land shown as Lot 1 and outlined in bold on the plan marked Schedule “A” attached to and forming part of the report and recommendation from the wildlife sanctuary which was approved by Order in Council 77-1072 dated August 30, 1977, [N.S. Reg. 99/77,]and declare them to no longer be a wildlife sanctuary;
(c) Clause (c) filed as N.S. Reg. 158/2011 under the Provincial Parks Act.
(d) Clause (d) not filed as a regulation.
Schedule “C”
1 In these regulations,
(a) “Act” means the Wildlife Act;
(b) “Department” means the Department of Natural Resources;
(c) “firearm” means any barrelled weapon or bow from which any shot, bullet or missile can be discharged and includes anything that can readily be adopted for use as a firearm;
(d) “Minister” means the Minister of Natural Resources;
(e) “Sanctuary permit” means an instrument issued pursuant to the Wildlife Act, being Chapter 504 of the Revised Statutes of Nova Scotia, 1989, and regulations thereto, conferring the privilege of entering the Sanctuary on foot or by means of a vehicle upon the holder thereof as set forth in the instrument, subject to any conditions, restrictions, or limitations contained in any statute or regulation of the Province of Nova Scotia;
(f) “Sanctuary” means the Upper Clements Game Sanctuary and includes the Wildlife Park;
(g) “vehicle” means every device in, upon or by which any person or property is or may be transported and includes a boat, canoe, or other water conveyance or any snowmobile;
(h) “warden” means any person employed by the Department for the enforcement of the Act and regulations;
(i) “Wildlife Park” means that area within the Sanctuary where animals are kept in captivity as indicated by signs posted by the Department.
2 (1) Except as authorized under these regulations, it shall be an offence for any person to possess or discharge any firearm within two hundred feet of the boundaries of the Sanctuary at any time.
(2) It shall be an offence for any person to discharge a firearm across or into the Sanctuary at any time.
(3) Except as authorized under these regulations, it shall be an offence for any person to enter the Sanctuary by means of a vehicle without a permit.
(4) Subsection (3) does not apply to visitors to the Wildlife Park who enter the Sanctuary for the purpose of parking their vehicles or viewing wildlife in the areas designated by the Department.
(5) Except as authorized under these regulations it shall be an offence for any person to chase, pursue, worry, follow after or on the trail of, or search for any wild mammals or birds within the Sanctuary.
(6) Except with the permission of the Department, no person shall be in the Sanctuary during the period when it is not officially open as designated by the Minister.
3 (1) Notwithstanding Section 2 of these regulations, those persons employed by the Department of Natural Resources, when in performance of their departmental duties, may
(a) possess or discharge any firearm within two hundred feet of the boundaries of the Sanctuary at any time;
(b) discharge a firearm across or into the Sanctuary at any time;
(c) enter the Sanctuary by means of a vehicle;
(d) chase, pursue, worry, follow after or on the trail of, or search for any wild mammals or birds within the Sanctuary.
4 (1) In the Sanctuary the Minister may cause to be marked or erected traffic signs or devices which
(a) prescribe rates of speed;
(b) permit, regulate, or prohibit parking of all or a class of vehicles;
(c) prescribe load limits and dimensions for any vehicles or classes of vehicles;
(d) designate any roadway as a one-way roadway;
(e) require vehicles to stop;
(f) close roadways to all or a class of vehicles;
(g) limit the hours during each day when a roadway may be used;
(h) regulate pedestrian traffic;
(i) limit the use of roadways to a specific class or classes of vehicles; or
(j) direct or control in any manner the use of roadways by vehicles and pedestrians.
5 No person shall operate a vehicle in the Sanctuary unless
(1) [(a)] that person holds all licences and permits that they are by the laws of the Province of Nova Scotia required to hold in order to operate a vehicle; and
(2) [(b)] the vehicle is registered and equipped as required by the laws of the Province of Nova Scotia;
(3) [(c)] it shall be an offence for any person operating a motor vehicle within the Sanctuary to fail to produce a valid driver's licence or vehicle permit when requested to do so by a warden. [sic]
6 No person shall operate a vehicle in the Sanctuary other than in accordance with the laws of the Province of Nova Scotia.
7 In the Sanctuary no person shall park a vehicle in an area designated by a sign as an area in which
(1) [(a)] parking is prohibited; or
(2) [(b)] parking of vehicles of that class is prohibited.
8 No person shall drive a vehicle in the Sanctuary at a rate of speed in excess of fifteen miles per hour unless indicated otherwise by a traffic sign or device.
9 In the Sanctuary no person shall
(a) refuse or fail to comply with an order, signal or direction of a warden; or
(b) disobey the instructions of an official traffic sign, signal, or device placed in accordance with these regulations unless otherwise directed by a warden.
10 No person shall light or cause to be ignited a fire in the Sanctuary except in areas provided by the Department.
11 It shall be an offence for any person to molest, harass, disturb, annoy or torment any animals contained in any pens or enclosures on the Sanctuary at any time.
12 These regulations shall come into force on the first day of October, 1977.