Licences and Tags Regulations, Nu Reg 012-2015

Licences and Tags Regulations 1 R-012-2015 WILDLIFE ACT R-012-2015 Registered with the Registrar of Regulations 2015-05-11 LICENCES AND TAGS REGULATIONS The Commissioner in Executive Council, under sections 126, 191, 192, 196, 201 and 202 of the Wildlife Act and every enabling power, makes the annexed Licences and Tags Regulations. PART 1 GENERAL MATTERS Interpretation 1. In these regulations, “application” means an application for a licence and includes a activity outline or other material submitted in support of the application; (demande) “contact information” in respect of a person means that person’s full name, address and telephone number; (coordonnées) “commercial licence” means (a) an animal husbandry licence, (b) a big game guide licence, (c) a big game outfitter’s licence, (d) a commercial harvesting licence, (e) a dealer’s licence, (f) a tanning licence, (g) a taxidermy licence, or (h) a wildlife observation licence; (permis commercial) “fur tag” is a metal band issued to a person to whom a share of total allowable harvest for a furbearer was allocated or assigned as evidence of the lawful harvest and possession of the fur from that furbearer; (étiquette d’animal à fourrure) "hunting licence" means a harvesting licence of the following classes: (a) a hunting licence - resident, (b) a hunting licence - non-resident, (c) a hunting licence - non-resident foreigner; (permis de chasse) “issuer” means a person authorized to issue licences under the Act; (délivreur de permis) “NIRB” means the Nunavut Impact Review Board within the meaning of the Agreement; (CNER) “NPC” means the Nunavut Planning Commission within the meaning of the Agreement; (CAN) “species authorization tag” means a sticker issued to a licence holder authorizing the licence holder to harvest a member of the species authorized by the sticker. (étiquette d’autorisation d’espèce) List of Licences and Permits 2. (1) The following licences and permits are established or continued for the purposes of the Act: (a) an animal husbandry licence; Licences and Tags Regulations 2 R-012-2015 (b) a big game guide licence; (c) a big game outfitter’s licence; (d) a commercial harvesting licence; (e) a dealer’s licence; (f) an exemption permit; (g) an export permit; (h) a harvesting licence; (i) a harvesting instruction licence; (j) an import permit; (k) a live possession licence; (l) a species at risk licence; (m) a research permit; (n) a tanning licence, (o) a taxidermy licence; (p) a wildlife observation licence. (2) For greater certainty, each licence and permit is subject to the specific provisions in the Act and these regulations applicable to it. (3) A licence must be in a form approved by the Minister and may be issued in the form of a booklet that accommodates the inclusion of species authorization tags. Application for Licence 3. (1) The prescribed information required under paragraph 22(1)(b) of the Act consists of the following: (a) the applicant’s contact information and, in the case of an individual, his or her date of birth; (b) the type of licence requested; (c) the specific types of activity to be licensed; (d) a description of any business or facility to be operated by the applicant under the licence; (e) the species of wildlife to which the licence relates; (f) a declaration as to whether the applicant is eligible to hold that licence and evidence of eligibility where specific eligibility criteria are applicable; (g) in the case of a harvesting licence, details of the applicant’s share of the total allowable harvest in the case of a species for which a total allowable harvest applies; (h) an activity outline where required by these regulations; (i) the period during which the licensed activity is to be conducted; (j) in the case of an application by a corporate body, a copy of its certificate of status under its incorporating statute. (2) The prescribed fees required under paragraph 22(1)(b) of the Act are set out in the Fees Regulations. (3) For greater certainty, the eligibility criteria for a licence required by these regulations are in addition to those in the Act. Activity Outlines 4. (1) An activity outline is required as part of the application for the following licences: (a) a commercial harvesting licence; (b) an animal husbandry licence; (c) a harvesting instruction licence, unless the course is sponsored by a HTO; (d) a research permit; (e) a wildlife observation licence, unless the Superintendent is satisfied that the potential impact on wildlife will be minimal. (2) Every activity outline must include the following information: Licences and Tags Regulations 3 R-012-2015 (a) the purpose of the proposed activity; (b) the contact information of the sponsor of the activity, if any; (c) the contact information of all persons who will be acting under the authority of the licence, including the activity co-ordinator or leader and any trainees, instructors or assistants; (d) all sources of financial support for the activity; (e) the extent of any sponsor participation in the activity; (f) the methods to be used to conduct the proposed activity; (g) the relevant experience of the applicant and others involved in the activity; (h) a description of any additional licences or permits that the applicant requires for the activity under the laws of Nunavut or Canada, and a consent to disclose information in the application to the person or entity that considers any other additional licence or permit. (3) In the case of an application for a commercial harvesting licence, the activity outline must also include a description of (a) the proposed harvesting methods; and (b) the proposed manner of waste disposal. (4) In the case of an application for a research permit, the activity outline must also include (a) an estimate of the quantity of wildlife to be harvested or handled; and (b) a statement as to whether or not there is an intent to export any wildlife, and an estimate of the quantity that may be exported. (5) In the case of an application for a live possession licence, unless an extension is granted by the Superintendent, the activity outline must be submitted no later than May 1 in the year in which possession of the wildlife is to begin. 5. (1) Where an activity outline is required, the Superintendent shall send a copy of the application to the NWMB and to any HTO in the locality where the licensed activity will be conducted. (2) The NWMB, and any HTO that receives a copy of the application, may submit its comments to the Superintendent within 40 days after the date of receipt of the copy of the application. (3) The Superintendent shall send a copy of any comments received under subsection (2) to the applicant and the applicant may, within 21 days after the date of receipt of the comments, respond to any issues arising from those comments, and may amend or withdraw the application. (4) Before issuing the licence, the Superintendent shall consider (a) any comments received from the NWMB or the HTO within the 40 day period; and (b) any response from the applicant within the 21 day period. (5) The Superintendent may require the applicant to make amendments to or provide additional information in the activity outline before the licence is issued. (6) Unless the Superintendent considers it necessary, the application need not be resubmitted to the NWMB or the HTO if the activity outline is amended under subsections (3) or (5). (7) In addition to any conditions required under these regulations or imposed by the Superintendent under subsection 30(1) of the Act, the information provided in the application and any amendments made to the activity outline are deemed to be conditions on the licence. Participation by NWMB, NIRB and NPC 6. (1) If an accepted decision of the NWMB is required before a licence is issued, Licences and Tags Regulations 4 R-012-2015 (a) the applicant shall, in accordance with the rules of the NWMB, request the NWMB to make the required decision; (b) the Superintendent shall ensure that the NWMB is fully informed of the details of the application; and (c) the Superintendent shall not issue the licence until the required decision is made. (2) Subsection (1) also applies to any decision of the NWMB that may be required but is not included within the definition of “accepted decision of the NWMB” in section 2 of the Act. (3) If a review, decision, approval or authorization is required from the NIRB or the NPC before a licence is issued, (a) the applicant shall, in accordance with the rules of the NIRB or NPC, request it to conduct or make the required review, decision, approval or authorization; (b) the Superintendent shall ensure that the NIRB or NPC is fully informed of the details of the application; (c) the Superintendent shall not issue the licence until the required review, decision, approval or authorization is made; and (d) the licence must incorporate any terms and conditions in a NIRB project certificate in accordance with the Agreement. Consent of HTO 7. (1) If the Act or the regulations require the consent of a HTO to issue a licence, the Superintendent shall not issue the licence unless the Superintendent (a) fully informs the HTO of the details of the application; and (b) receives satisfactory evidence of the HTO’s informed consent to the application. (2) If the applicant is a HTO, subsection (1) does not apply and the HTO shall be deemed to have given its informed consent to the application. Refusals 8. (1) This section is in addition to any power to refuse to issue a licence under these regulations or section 32 of the Act. (2) If an activity outline is required for a licence or if the licence is a commercial licence, the Superintendent may refuse to issue the licence if satisfied that to do so would (a) be inconsistent with the values set out in subsection 1(2) of the Act; (b) be inconsistent with the conservation principles set out in subsection 1(3) of the Act; (c) be inconsistent with the principles of Inuit Qaujimajatuqangit applicable under section 9 of the Act; (d) pose a risk to public safety or public health; or (e) not be in the public interest. Notice of Issuance of Licence 9. (1) The Superintendent shall give notice of the issuance of any licence for which an activity outline was required to (a) any HTO in the locality where the licensed activity will be conducted; and (b) the NWMB, NIRB or NPC, as the case may be, if it reviewed, made a decision, approved or authorized the licence. (2) The obligation to give notice in subsection (1) is in addition to any other requirement in the Act or regulations to give notice. Licences and Tags Regulations 5 R-012-2015 Preferences and Rights of First Refusal 10. The Superintendent shall ensure that preference is given in accordance with section 113 of the Act when allocating commercial licences. 11. (1) If a Designated Inuit Organization has a right of first refusal within the Nunavut Settlement Area in respect of the issuance of a licence, in accordance with section 104 of the Act, the Superintendent shall ensure compliance with the procedures required by that section. (2) For greater certainty, the following licences are subject to the right of first refusal referred to in subsection (1): (a) animal husbandry licence; (b) dealer’s licence; (c) tanning licence; (d) taxidermy licence. (3) In accordance with the Agreement, the steps to be followed when exercising a right of first refusal pursuant to section 104 of the Act are as follows: (a) upon receipt of a letter of interest from an individual, other than an Inuk, or an organization, other than the Designated Inuit Organization, to establish a facility, business or venture to which the right of first refusal applies, the Superintendent shall notify the Designated Inuit Organization in writing of such interest; (b) the Designated Inuit Organization shall have 120 days after receipt of a notice under paragraph (a) to inform the Superintendent of its intent to exercise the right of first refusal; (c) the Superintendent shall have 21 days after receipt of written notice of its intent from the Designated Inuit Organization to notify the original applicant of the Designated Inuit Organization's intentions; (d) the Designated Inuit Organization shall have a period of 120 days after providing written notice of its intent within which to complete any required community consultations and to submit a site specific project proposal with the Superintendent; (e) the Superintendent shall have 60 days after the completion of the requirements of paragraph (d) to approve the project proposal, with or without conditions, or to reject the proposal; (f) if the project proposal is approved, the Designated Inuit Organization shall have a period of 230 days after approval within which to acquire any required building permits and to submit copies of all building plans and specifications; (g) after having complied with the requirements of paragraph (f), the Designated Inuit Organization shall have a further 590 days within which to complete all construction and to secure the approval of the appropriate building inspection agencies; (h) the Minister may extend any time period listed in this section if requested to do so by the Designated Inuit Organization. Replacement of Licences or Tags 12. A person who wishes to replace a licence or tag that is lost or destroyed must provide the Superintendent with (a) a statutory declaration explaining the loss or destruction in a form approved by the Minister; and (b) the replacement fee. Reissuing Commercial Licences 13. (1) The holder of a commercial licence is entitled, upon application, to have that licence renewed each subsequent year for a period of up to 10 years, unless the holder becomes ineligible to hold that licence. Licences and Tags Regulations 6 R-012-2015 (2) At the expiry of the 10 year period referred to in subsection (1), the holder of the commercial licence may apply for a new license in accordance with section 22 of the Act and these regulations. (3) The 10 year period referred to in subsection (1) commences on the date on which the commercial licence is first issued. (4) For the commercial licence to be renewed, the licence holder must apply before the licence expires in the manner approved by the Superintendent. Vendors 14. A vendor shall be paid such commission on the issuance of licences, permits or tags as may be established under the Fees Regulations. Licences and Tags Regulations 7 R-012-2015 PART 2 LICENCES HARVESTING RELATED ACTIVITIES Harvesting Licence 15. (1) A harvesting licence is required under section 18 of the Act for a person to harvest game or other prescribed wildlife. (2) Harvesting licences are subdivided into the following classes: (a) a hunting licence - resident; (b) a hunting licence - non-resident; (c) a hunting licence - non-resident foreigner; (d) a general hunting licence, continued by section 244 of the Act; (e) a non-Inuk aboriginal harvesting licence; (f) a commercial harvesting licence. (3) A harvesting licence is conditional on the holder of the licence (a) harvesting in accordance with the Act and the regulations and orders made under the Act, including any limits established under the Game Harvesting and Possession Limits Order and the Open Seasons Order; (b) where a total allowable harvest is applicable to the wildlife being harvested, acquiring a share of the total allowable harvest for that wildlife and not exceeding the amount of that share; and (c) where a tag is required for the harvesting or possession of the wildlife being harvested or possessed, holding the appropriate tag for that wildlife. 16. (1) A hunting licence authorizes the holder to harvest (a) upland game birds; (b) any furbearer that is not big game, with the consent of the HTO in the locality where the licensed activity will occur; (c) white tailed deer; and (d) members of such other species as may be authorized by a species authorization tag issued to the licence holder. (2) No person shall buy, sell or barter, or offer to buy, sell or barter, any meat of wildlife harvested under a hunting licence. (3) For greater certainty, subsection (2) does not prohibit giving the meat of wildlife. 17. A commercial harvesting licence authorizes the holder to harvest game for commercial purposes in an amount not exceeding the amount authorized by the licence. 18. (1) A non-Inuk aboriginal harvesting licence authorizes the holder to harvest game in accordance with the holder’s aboriginal or treaty rights to harvest wildlife, which may be set out in the licence. (2) The Superintendent may issue a non-Inuk aboriginal harvesting licence individually to a person eligible to hold it or collectively to the band or group representing those persons. (3) A non-Inuk aboriginal harvesting licence may only be issued in respect of the following persons: (a) an Inuk of Northern Quebec; (b) a member of an aboriginal people of the Northwest Territories; Licences and Tags Regulations 8 R-012-2015 (c) a member of a Manitoba Band or a Saskatchewan Band; (d) any other aboriginal person with an aboriginal or treaty right to harvest game or other prescribed wildlife in Nunavut. (4) For greater certainty, these regulations do not require a person to obtain a licence to harvest game or other prescribed wildlife if he or she has a right referred to in section 10, 12, 13, 14 or 16 of the Act to harvest that game or other prescribed wildlife without a licence. Live Possession Licences 19. (1) A live possession licence is required under section 84 of the Act for a person to possess, keep captive and feed live wild animals. (2) A live possession licence authorizes the holder to possess, keep captive and feed live wild animals of the species and number authorized by the licence. (3) A live possession licence is conditional on the holder of the licence (a) conducting any harvesting in accordance with the Act and the regulations and orders made under the Act; (b) where a total allowable harvest is applicable to the wild animal being captured, acquiring a share of the total allowable harvest for that wildlife; and (c) where a species authorization tag is required for the harvesting or possession of a species, holding the appropriate tag for each member of that species. (4) For greater certainty, if the species of wild animal to be possessed is a furbearer, the applicant requires the consent of the HTO in the locality where the licensed activity will occur. 20. (1) A live possession licence automatically authorizes the holder of the licence, who does not otherwise have the right to harvest the wild animal, to capture the animal without a separate harvesting licence. (2) A live possession licence does not authorize the export of any animal possessed under the licence. IMPORTS AND EXPORTS Import and Export Permits 21. (1) An import permit is required under subsection 105(1) of the Act for a person to import the following into Nunavut: (a) any live wildlife; (b) any prescribed live domestic animal; (c) any prescribed dead wildlife. (2) No import permit is required, pursuant to paragraph 105(1)(b) of the Act, to import the following live animals: (a) Cavia cobaya - guinea pig; (b) Cricetus cricetus - hamster; (c) Gerbillus - gerbils; (d) Mus musculus - house mouse; (e) Oryctolagus - rabbit; (f) a pet reptile; (g) a pet bird. (3) No export permit is required, pursuant to paragraph 106(1)(b) of the Act, to export the following live animals: (a) Cavia cobaya - guinea pig; Licences and Tags Regulations 9 R-012-2015 (b) Cricetus cricetus - hamster; (c) Gerbillus - gerbils; (d) Mus musculus - house mouse; (e) Oryctolagus - rabbit; (f) a pet reptile; (g) a pet bird. (4) An import permit authorizes the holder to import the wildlife or domestic animal of the species, sex and number and to the location authorized by the permit. (5) An import permit for live wildlife or a live domestic animal may only be issued to an applicant who provides to the issuer a certificate from a veterinarian confirming that the wildlife or animal to be imported is in good health. (6) Notice of an application for an import permit to import live wildlife must be given to the HTO of the locality to which the wildlife is destined. 22. (1) No person shall import and no import permit shall be issued for the following live animals: (a) Alopex - for example white fox and arctic fox; (b) Arvicolinae - for example vole and lemming; (c) Cervidae - for example deer; (d) Cynomys - for example prairie dog; (e) Leporidae other than Oryctolagus - for example hare and rabbit; (f) Marmota - for example marmot, groundhog and woodchuck; (g) Mephitis - for example striped skunk; (h) Myocastor coypus - nutria; (i) Neotoma - for example wood rat; (j) Nyctereutes procyonoides - raccoon dog; (k) Peromyscus - for example deer mouse; (l) Procyon lotor - raccoon; (m) Rattus - for example rat; (n) Sigmodontinae - for example new world rat and mouse; (o) Spilogale putorius - spotted skunk; (p) Tamias - for example chipmunk; (q) Vulpes - for example red, cross, black and silver fox. (2) An import permit must be refused if the Superintendent believes that the import would pose an appreciable risk of disease to wildlife or damage to habitat. Export Permits 23. (1) An export permit is required under subsection 106(1) of the Act for a person to export wildlife from Nunavut. (2) An export permit authorizes the holder to export wildlife of the species, sex and quantity authorized by the licence. (3) An export permit may only be issued to an applicant who (a) presents the wildlife to be exported to a conservation officer for inspection; (b) provides the applicant’s harvesting licence number or enrolment number; (c) provides a tag, statutory declaration or other evidence that the wildlife to be exported was lawfully harvested or acquired; and (d) provides the contact information of the consignee. (4) For greater certainty, in addition to the criteria in section 32 of the Act, the issuance of an export permit may be refused if Licences and Tags Regulations 10 R-012-2015 (a) the export of the wildlife would be illegal; (b) the wildlife was harvested unlawfully; (c) the wildlife is possessed unlawfully; (d) the wildlife is an extinct species or a listed species; (e) the importation of the wildlife into the destination jurisdiction would be illegal; or (f) in the case of wildlife to be exported alive, the HTO in the locality where the wildlife will be harvested objects to the export. (5) For greater certainty, the holder of a commercial harvesting licence does require an export permit to export wildlife harvested under the commercial harvesting licence. (6) An export permit is not required to export wildlife where (a) the amount being exported is less than 20 kg; (b) the wildlife is deceased; (c) the wildlife is being exported for the purpose of consumption as meat; (d) the export of the wildlife is otherwise legal; (e) the wildlife was harvested and possessed lawfully; (f) the wildlife is not an extinct or a listed species; and (g) the importation of the wildlife into the jurisdiction is legal. COMMERCIAL ACTIVITIES Dealer’s Licences 24. (1) The licence required under section 108 of the Act for a person to operate a business or facility to traffic in the meat of game is a dealer’s licence. (2) The licence required under section 109 of the Act for a person to purchase wildlife as a commercial activity or above the prescribed rate or quantity is a dealer’s licence. (3) The licence required under paragraph 110(a) of the Act for a person to buy raw hides or pelts above the prescribed quantity is a dealer’s licence. (4) A dealer’s licence authorizes the holder to conduct the specific activities authorized by the licence and is conditional on the holder not trafficking in unlawfully harvested wildlife. (5) A dealer’s licence may only be issued to an applicant who provides to the Superintendent a description of the source of the wildlife in which the applicant intends to traffic and evidence that the source has the right to harvest and provide that wildlife. (6) The holder of a dealer’s licence who traffics in meat is subject to any applicable law relating to the safety of the meat and the issuance or holding of a dealer’s licence is not a guarantee or certification to the public of the fitness of any meat being trafficked. (7) For greater certainty, an Inuk carrying on business as a sole proprietor, or in a partnership consisting exclusively of Inuit partners, does not require a dealer’s licence to dispose of lawfully harvested wildlife, but is subject to the Reporting Regulations when conducting commercial activity. Tanning Licences 25. (1) The licence required under subsection 115(1) of the Act for a person to tan, dye or preserve the pelt or hide of wildlife for compensation is a tanning licence. (2) A tanning licence authorizes the holder to tan, dye or preserve the pelt or hide of wildlife for compensation. Licences and Tags Regulations 11 R-012-2015 (3) A tanning licence is not required if the person (a) tans, dyes or preserves a pelt or hide by a traditional Inuit method; (b) tans, dyes or preserves raw caribou hides with a fair market value less than $ 5,000 per year before being dyed or preserved; or (c) tans, dyes or preserves any raw hides or pelts, other than caribou, with a fair market value less than $ 2,000 per year before being dyed or preserved. Taxidermy Licences 26. (1) The licence required under subsection 115(2) of the Act for a person to prepare, preserve, stuff or mount wildlife for compensation is a taxidermy licence. (2) Subject to subsection 115(3) of the Act, a taxidermy licence authorizes the holder to prepare, preserve, stuff and mount wildlife for compensation. Animal Husbandry Licences 27. (1) No person shall, without an animal husbandry licence, establish and operate facilities for the purpose of indigenous wildlife and reindeer propagation, cultivation or husbandry. (2) An animal husbandry licence authorizes the holder to acquire or harvest the species and establish and operate facilities for the species at the specific location authorized by the licence. (3) An animal husbandry licence automatically authorizes the holder to possess the wildlife authorized under animal husbandry licence. 28. An animal husbandry licence is conditional on the holder (a) protecting against unnecessary suffering by the wildlife; (b) providing suitable and adequate food, water, shelter and care for the wildlife; (c) preventing the escape of the wildlife; (d) ensuring the safe and sanitary cleaning of the wildlife enclosures; and (e) preventing members of the public from coming into direct contact with the wildlife. Big Game Outfitting Licence 29. (1) A big game outfitter’s licence is required under section 111.1 of the Act for a person to provide or agree to provide guides, personnel or equipment to persons harvesting or wishing to harvest big game. (2) A big game outfitter’s licence authorizes the holder of the licence to provide or agree to provide guides, personnel and equipment to persons harvesting or wishing to harvest big game in the areas authorized by the big game outfitter’s licence. (3) For greater certainty, the holder of a big game outfitter’s licence does not require an outfitter’s licence under the Travel and Tourism Act in respect of those specific activities authorized under the big game outfitter licence. (4) An application for a big game outfitters licence must include the following information: (a) the location of the applicant’s place of business and the area in which he or she intends to operate as a big game outfitter; (b) the name, address and position of each employee who may be employed in the applicant's outfitting business or service; (c) evidence that the applicant has public liability insurance coverage referred to in subsection 31(4). 30. (1) An application for a big game outfitter's licence must be refused where the Superintendent has reason to believe that Licences and Tags Regulations 12 R-012-2015 (a) the clients who would be hunting a species, for which a total allowable harvest is established, would not be able to acquire a share of the total allowable harvest for that species; or (b) the application does not have the consent of the HTO in the locality where the licensed activity will be conducted. (2) The holder of a big game outfitter's licence shall ensure that each guide working for the big game outfitter holds a big game guide licence and carries it while performing guiding services. (3) The holder of a big game outfitter's licence shall maintain public liability insurance that provides coverage in respect of the licensed activities in an amount not less than $2,000,000. (4) The public liability insurance coverage must remain in effect for the term of the licence. (5) If the public liability insurance coverage expires or terminates during the term of the licence, the big game outfitters licence is automatically revoked at the time of the expiry or termination. 31. The holder of a big game outfitter's licence shall report without delay to the appropriate authority a contravention by his or her staff, guides or clients of (a) the Act and the regulations and orders made under the Act; (b) the Fisheries Act (Canada) or regulations made under that Act; or (c) the Historical Resources Act or the Nunavut Archaeological and Palaeontological Sites Regulations (Canada) or regulations made under that Act. 32. (1) No person shall advertise or promote his or her availability to act as a big game outfitter unless he or she is the holder of a big game outfitter’s licence. (2) No person shall advertise or promote big game outfitting services in any manner that contains false or misleading statements, illustrations or photographs. 33. No person shall advertise or promote the availability of another person to act as a big game outfitter in Nunavut if he or she knows, or ought to know, that the other person does not hold a big game outfitter’s licence. Big Game Guide Licences 34. (1) A big game guide licence is required under subsection 112(1) of the Act for a person to act as a guide, for compensation, to a person harvesting game. (2) A big game guide licence is subdivided into the following two classes: (a) community big game guide; (b) professional big game guide. (3) A community big game guide licence authorizes the holder to act as a guide, for compensation, to the holder of a resident hunting licence who is harvesting game. (4) A professional big game guide licence authorizes the holder to act as a guide, for compensation, to the holder of one of the following licenses: (a) a resident hunting licence; (b) a non-resident hunting licence; or (c) a non-resident foreigner hunting licence who is harvesting game. (5) Pursuant to the Agreement and subsection 23(1) of the Act, a big game guide licence may only be issued to an applicant who provides to the Superintendent evidence that the applicant is approved by a HTO in accordance with the qualifications for that class of big game guide established by the NWMB. (6) No big game guide shall provide guiding services to more than two hunters at a time. Licences and Tags Regulations 13 R-012-2015 (7) For greater certainty, section 111 of the Act applies in respect of the services provided by a big game guide. Harvesting Instruction Licence 35. (1) A harvesting instruction licence is required under section 116 of the Act for a person to establish, offer or provide any organized course of instruction during which game is to be harvested. (2) A harvesting instruction licence authorizes the holder and instructors hired by the holder to establish, offer or provide any organized instruction course on the harvesting of game authorized by the licence. (3) For greater certainty, any instructor or student requires the appropriate licence or other authority referred to in section 18 of the Act to harvest the game. OTHER ACTIVITIES Research Permit 36. (1) A research permit is required subsection 117(1) of the Act for a person to conduct research on wildlife or collect wildlife specimens for research. (2) A research permit authorizes the holder to conduct the specific research on the species of wildlife authorized by the permit and to collect wildlife specimens for the purposes of that research. (3) Pursuant to subsection 30(3) of the Act, the Superintendent may make the issuance of a research permit conditional on the applicant providing financial security to ensure (a) due observance of the Act, the regulations and orders made under the Act and any terms and conditions applicable to the licence; and (b) restoration of any habitat affected by the applicant’s activities. (4) For greater certainty, a research permit may include authority equivalent to (a) the appropriate licence or other authority referred to in section 18 of the Act if the research involves harvesting the wildlife; (b) a licence for the live possession of any wildlife as part of the research, (c) an exemption permit if the research involves the use of any weapon, equipment, technique, procedure or activity that would otherwise be contrary to the Act and the regulations and orders made under the Act; (d) an export permit if any wildlife that would otherwise require an export permit is to be exported as part of the research; and (e) any other licence or permit required under the Act that the Superintendent considers necessary as part of the research. (5) No research permit may be issued for a period exceeding five years from the date of its issue. Wildlife Observation Licence 37. (1) A wildlife observation licence is required under subsection 117(2) of the Act for a person to establish, offer or provide any organized activity in which wildlife is the object of interaction, manipulation or close observation, including the making of a film or the provision of an expedition, safari or cruise. (2) A wildlife observation licence authorizes the holder to establish, offer or provide the specific activity authorized by the licence. (3) For greater certainty, the incidental observation of wildlife during the course of travelling by foot or by vehicle or other conveyance does not require a wildlife observation licence. Licences and Tags Regulations 14 R-012-2015 Species at Risk Licences 38. (1) A species at risk licence is required under section 20 of the Act for a person to engage in an activity for education or research that is otherwise prohibited under the Act in respect of an extinct species or a listed species. (2) A species at risk licence authorizes the holder to engage in the specific activities in respect of the species authorized by the licence. PART 3 TAGS Issuance of Tags 39. (1) A species authorization tag and a fur tag must be in a form approved by the Superintendent. (2) For the purposes of subsection 126(1) of the Act, an applicant for a tag must provide the following information to the issuer: (a) the applicant’s contact information; (b) the species of wildlife to which the tag relates; (c) details of any share of the total allowable harvest allocated to the applicant. (3) A tag application may be combined with an application for a licence. (4) If a fur tag is issued in combination with a species authorization tag, the issuer shall record the number of the fur tag on the species authorization tag. (5) A species authorization tag expires at the end of June in any year. (6) A fur tag that is not attached to a hide or pelt expires at the end of June in any year. Requirement for Species Authorization Tags 40. No person who requires a licence to harvest wildlife shall harvest the following wildlife, unless he or she hold a species authorization tag authorizing it: (a) big game, other than white tailed deer; (b) furbearers; (c) any wildlife prescribed for the purposes of subsection 18(1) of the Act. 41. (1) To be eligible to apply for a species authorization tag authorizing the harvest of big game that is a furbearer inside the Nunavut Settlement Area, a person must (a) meet the requirements of section 24 of the Act; or (b) be an Inuk who desires to harvest furbearers from the surplus portion of the total allowable harvest allocated to him or her. (2) A species authorization tag authorizing the harvest of big game that is a furbearer is subject to (a) any total allowable harvest established for the furbearer and any presumption as to needs in respect of that furbearer under the Agreement; and (b) the provisions of subsection 30(4) of the Act. 42. (1) The holder of a harvesting licence shall, on purchasing a species authorization tag, affix that tag to his or her licence in accordance with instructions approved by the Superintendent. Licences and Tags Regulations 15 R-012-2015 (2) Immediately after harvesting wildlife pursuant to a species authorization tag, the holder of the tag shall, in accordance with instructions approved by the Superintendent, cancel the tag by cutting notches in the page of the licence to which the tag is affixed to indicate the date when the harvest occurred. Fur Tags 43. (1) Any person who harvests a furbearer, for which a total allowable harvest is established, shall attach a fur tag to the hide or pelt in accordance with this section. (2) The fur tag must be attached in a manner that it cannot be reused. (3) The fur tag must be attached to the raw hide or pelt as soon as practicable, but the attachment of the fur tag may be delayed until immediately after the hide or pelt is fleshed. (4) Unless the fur tag is attached to the hide or pelt, no person shall (a) export the pelt or hide from Nunavut; or (b) traffic the pelt or hide. (5) A person may remove a fur tag from a pelt or hide only when making a manufactured product or if authorized by a conservation officer. (6) A fur tag may not be attached to anything other than the hide or pelt for which it was issued. PART 4 TRANSITIONAL 44. (1) Any valid licence or permit issued under the Wildlife Act before these regulations come into force continues in effect until the earlier of (a) the date it expires; (b) the date it is cancelled or suspended; or (c) June 30, 2016. (2) A licence or permit referred to in subsection (1) may not be renewed, and instead the person holding it shall make an application for a new licence or permit in accordance with these regulations. 45. For the purposes of section 244 of the Act, a general hunting licence authorizes the holder to harvest game, other a furbearer that is also big game, in the Nunavut Settlement Area in an amount not exceeding (a) the full level of his or her economic, social and cultural needs, if no total allowable harvest for the species has been established; or (b) the amount allocated by the Minister under subsection 122(3) of the Act, if a total allowable harvest for the species has been established. COMMENCEMENT 46. These regulations come into force on July 1, 2015. PUBLISHED BY TERRITORIAL PRINTER FOR NUNAVUT ©2015 GOVERNMENT OF NUNAVUT