Hunter Education, Safety and Training Regulations

This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Hunter Education, Safety and Training Regulations

made under Section 113 of the

Wildlife Act

R.S.N.S. 1989, c. 504

O.I.C. 87-1184 (September 29, 1987), N.S. Reg. 208/87

as amended up to O.I.C. 2013-212 (June 25, 2013), N.S. Reg. 235/2013

Citation

1     These regulations may be cited as the “Hunter Education, Safety and Training Regulations”.

Definitions

2     In these regulations

                (a)    “Act” means the Wildlife Act;

Clause 2(a) amended: O.I.C. 92-703, N.S. Reg. 144/92.

                (b)    “archery range” means a range operated by a local archery club which is approved by the Department;

                (ba)  “crossbow” means a crossbow as defined in the Firearm and Bow Regulations made under the Act;

Clause 2(ba) added: O.I.C. 2008-457, N.S. Reg. 375/2008.

Clause 2(c) repealed: O.I.C. 2006-365, N.S. Reg. 152/2006.

                (d)    “Department” means the Department of Natural Resources;

Clause 2(d) amended: O.I.C. 92-703, N.S. Reg. 144/92.

Clause 2(e) repealed: O.I.C. 2010-246, N.S. Reg. 86/2010.

                (f)    “hunter orange” means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers and excitation purity of not less than 85 percent and illuminous factor of not less than 40 per cent;

                (g)    “hunter education course” means a course relating to any of the following that is approved by the Department and includes education, training and safety components:

                         (i)     firearms,

                         (ii)    bows,

                         (iii)   crossbows,

                         (iv)   fur harvesting,

                         (v)    nuisance wildlife control;

Clause 2(g) replaced: O.I.C. 2008-457, N.S. Reg. 375/2008.

                (h)    “instructor” means a person approved by the Department to teach a hunter education course;

Clause 2(h) amended: O.I.C. 2006-365, N.S. Reg. 152/2006.

                (i)     “Minister” means the Minister of Natural Resources.

Clause 2(i) added: O.I.C. 92-703, N.S. Reg. 144/92.

Subsection 2(1) renumbered Section 2: O.I.C. 88-601, N.S. Reg. 127/88.

Section 3 repealed: O.I.C. 2006-365, N.S. Reg. 152/2006.

Qualifications

4     (1)    Except with the permission of the Minister, no person under the age of twelve shall be permitted to take a hunter education course.

       (2)    Applicants for a course shall apply in a manner prescribed by the Department.

Fees

5     The Minister may from time to time prescribe a fee to be paid by any applicant to the Department or to any instructor, club or organization approved to teach a hunter education course on behalf of the Department.

Instructor

6     (1)    The Minister may appoint personnel in the Department to be an instructor of a hunter education course.

       (2)    The Minister may approve as an instructor of a hunter education course any person who

                (a)    has completed an instructor’s course; or

                (b)    has sufficient knowledge of and training in firearms, bows, crossbows, fur harvesting or nuisance wildlife control and the Wildlife Act and regulations to conduct a hunter education course.

Clause 6(2)(b) amended: O.I.C. 2006-365, N.S. Reg. 152/2006; O.I.C. 2008-457, N.S. Reg. 375/2008.

Subsection 6(2) amended: O.I.C. 2006-365, N.S. Reg. 152/2006; O.I.C. 2008-457, N.S. Reg. 375/2008.

       (3)    The Minister may terminate the appointment of any instructor where the Minister considers it to be in the public interest.

       (4)    No person shall conduct a hunter education course unless that person is approved as an instructor pursuant to these regulations.

Hunter education course

7     (1)    The program and content of a hunter education course shall be approved by the Minister.

Subsection 7(1) amended: O.I.C. 2008-457, N.S. Reg. 375/2008.

Subsection 7(2) repealed: O.I.C. 2006-365, N.S. Reg. 152/2006.

Subsection 7(3) repealed: O.I.C. 2006-365, N.S. Reg. 152/2006.

       (4)    A person who takes the examination prescribed by the Department and obtains a pass mark as set by the Minister will be deemed to have successfully completed a hunter education course.

Subsection 7(4) amended: O.I.C. 2006-365, N.S. Reg. 152/2006.

       (5)    If the Minister is satisfied that special circumstances exist preventing a person from taking the examination referred to in subsection (4), the Minister may authorize an instructor to conduct an oral examination of the person, and the person is deemed to have successfully completed the hunter education course if the person demonstrates to the satisfaction of the instructor that they are qualified to do any of the following, as required for the course they are examined for:

                (a)    hunt with a firearm;

                (b)    hunt with a bow;

                (c)    hunt with a crossbow;

                (d)    be a fur harvester;

                (e)    be a nuisance wildlife operator.

Subsection 7(5) replaced: O.I.C. 2008-457, N.S. Reg. 375/2008.

Certification

8     (1)    The Minister may certify that a person is qualified to do any of the following:

                (a)    hunt with a firearm;

                (b)    hunt with a bow;

                (c)    hunt with a crossbow;

                (d)    be a fur harvester;

                (e)    be a nuisance wildlife operator.

Subsection 8(1) replaced: O.I.C. 2008-457, N.S. Reg. 375/2008.

       (2)    No person shall be certified under subsection (1) unless the person meets one of the following applicable criteria:

                (a)    the person has successfully completed the relevant hunter education course;

                (b)    the person has been previously certified by the Department as a qualified firearm hunter;

                (c)    the person held a valid fur harvester’s licence before August 1, 1986;

                (d)    the person produces proof satisfactory to the Department of having successfully completed a hunter education course in another province, state or country that is equivalent to the relevant hunter education course offered in Nova Scotia;

                (e)    the person is a non-resident and produces proof satisfactory to the Department that the person is entitled to hunt with a firearm, bow or crossbow in another jurisdiction;

Clause 8(2)(e) amended: O.I.C. 2010-246, N.S. Reg. 86/2010.

                (f)    for certification to hunt with a crossbow under clause (1)(c), the person

                         (i)     held both a valid firearm certification and a valid bow certification in the Province before September 1, 2012,

                         (ii)    produces proof satisfactory to the Department that they

                                  (A)   have been certified to hunt with a crossbow in another jurisdiction, or

                                  (B)   have hunted with a crossbow in another jurisdiction in the 5 years immediately before their application to be certified, or

                         (iii)   holds a certification to hunt with a firearm or bow and completes a crossbow hunter safety course.

Clause 8(2)(f) added: O.I.C. 2008-457, N.S. Reg. 375/2008; replaced: O.I.C. 2010-246, N.S. Reg. 86/2010.

       (3)    No person shall produce a false or misleading document for the purpose of being certified under subsection (1).

Section 8 replaced: O.I.C. 2006-365, N.S. Reg. 152/2006.

Section 9 repealed: O.I.C. 2006-365, N.S. Reg. 152/2006.

Ministerial discretion

10   The Minister may refuse to test any person who applies to take or has taken a hunter education course, or may refuse to certify or cancel any certification issued to a person under Section 8 if the Minister considers it necessary for the protection and safety of the public.

Section 10 replaced: O.I.C. 2006-365, N.S. Reg. 152/2006.

Requirement to take course

11   The Minister may direct that before an applicant is issued a licence to hunt that person is required to successfully complete a hunter education course whether or not that person has already been certified pursuant to these regulations or has already taken a hunter education course.

Section 11 amended: O.I.C. 2006-365, N.S. Reg. 152/2006.

Offences

12   Except as otherwise authorized, no person shall, while in a wildlife habitat, possess or hunt with

                (a)    a firearm, unless the person has been certified to hunt with a firearm under Section 8;

                (b)    a bow, unless the person has been certified to hunt with a bow under Section 8; or

                (c)    a trap or snare, unless the person has been certified as a qualified fur harvester under Section 8; [or]

Section 12 replaced: O.I.C. 2006-365, N.S. Reg. 152/2006.

                (d)    a crossbow, unless the person has been certified to hunt with a crossbow under Section 8.

Clause 12(d) added: O.I.C. 2008-457, N.S. Reg. 375/2008.

Hunter orange

13   (1)    No person shall take, hunt or kill wildlife or attempt to take, hunt or kill wildlife or accompany any person who is hunting unless that person wears a cap or hat and a shirt, vest or coat which shall be exposed to view in such a manner as to be plainly visible from all directions and the colour of which is solid hunter orange or camouflage orange.

Subsection 13(1) amended: O.I.C. 88-601, N.S. Reg. 127/88; O.I.C. 2010-246, N.S. Reg. 86/2010.

       (2)    Subsection (1) does not apply to

                (a)    a person authorized to hunt raccoons at night;

                (b)    a person hunting waterfowl;

                (c)    a person hunting crows on cultivated lands;

                (d)    a person attending an archery or firearm range or field courses for the purpose of taking part in functions held at such ranges;

                (e)    a person authorized by permit to destroy nuisance wildlife;

Clause 13(2)(e) amended: O.I.C. 88-601, N.S. Reg. 127/88.

                (f)    a person hunting with bow and arrow in an area designated for bow hunting only;

                (g)    a person hunting other harvestable wildlife as identified in the General Wildlife Regulations between February 16th and September 15th of any year;

Clause 13(2)(g) added: O.I.C. 88-601, N.S. Reg. 127/88; amended: O.I.C. 94-684, N.S. Reg. 141/94.

                (h)    notwithstanding clause (g), a person hunting coyote, or a licensed fur harvester at any time except during the period from the 1st day of October in any year to the end of the open season for hunting under a deer hunting stamp (general) under the Deer Hunting Regulations made under the Act;

Original clause 13(2)(h) added: O.I.C. 88-601, N.S. Reg. 127/88; relettered 13(2)(i); clause 13(2)(h) added: O.I.C. 89-839, N.S. Reg. 146/89; amended: O.I.C. 92-703, N.S. Reg. 144/92; O.I.C. 94-684, N.S. Reg. 141/94; O.I.C. 95-792, N.S. Reg. 159/95; O.I.C. 2013-212, N.S. Reg. 235/2013.

                (i)     during any period of the open season for hunting under a deer hunting stamp (archery and muzzleloader) that does not overlap with the open season for hunting under a deer hunting stamp (general) in accordance with the Deer Hunting Regulations made under the Act,

                         (i)     a person hunting bear under a bear hunting stamp who is hunting bear from a stationary standing or sitting position at or near a bait site, or

                         (ii)    a person hunting under a deer hunting stamp who is hunting deer from a tree stand or blind;

Clause 13(2)(i) replaced: O.I.C. 2013-212, N.S. Reg. 235/2013.

                (j)     a person attending a dog field trial or training a dog while carrying a firearm except if the training is done in forest land during an open season for big game or small game;

Original clause 13(2)(i) added: O.I.C. 88-601, N.S. Reg. 127/88; relettered 13(2)(j): O.I.C. 89-839, N.S. Reg. 146/89.

Clause 13(2)(k) repealed: O.I.C. 2013-212, N.S. Reg. 235/2013.

                (l)     a licensed fur harvester who is not on forest land and who possesses only a .22 rim fire rifle and .22 short ammunition.

Clause 13(2)(l) added: O.I.C. 92-703, N.S. Reg. 144/92; amended: O.I.C. 93-828, N.S. Reg. 150/93.

       (3)    In this Section, the following definitions apply:

                (a)    “camouflage orange” means a broken pattern of colour that contains at least 2581 cm² (400 sq. in.) of hunter orange;

                (b)    “hunter orange” means a daylight fluorescent orange colour with a dominant wave length between 595 and 605 nanometers and excitation purity of not less than 85% and illuminous factor of not less than 40%.

Subsection 13(3) replaced: O.I.C. 2010-246, N.S. Reg. 86/2010.

Section 14 repealed: O.I.C. 97-517, N.S. Reg. 96/97.

Repeal of old regulations

15   Regulations made by Order in Council 79-839 dated the 10th day of July, 1979, as amended, respecting hunter safety training and education are rescinded as of the 29th day of September, 1987.

Effective date of regulations

16   These regulations shall come into force as of the 29th day of September, 1987.