Assignment Regulations, Nu Reg 008-2015

Assignment Regulations 1 R-008-2015 WILDLIFE ACT R-008-2015 Registered with the Registrar of Regulations 2015-05-11 ASSIGNMENT REGULATIONS The Commissioner in Executive Council, under paragraph 201(f) of the Wildlife Act and every enabling power, makes the attached Assignment Regulations. Prescribed Information 1. (1) For the purposes of subsection 39(1) of the Act, a document evidencing an assignment under Article 5 of the Agreement must contain the following information to be effective: (a) the assignor’s full name and mailing address and, in the case of a HTO or RWO, the name of that organization’s responsible representative; (b) an indication of whether the assignor has the right to make the assignment under section 5.7.34(a)(i) or (ii) or 5.7.34(b) of the Agreement; (c) the assignee’s full name and mailing address; (d) an indication of whether the assignee has the right to receive the assignment under section 5.7.34(a)(i) or (ii) or 5.7.34(b) of the Agreement; (e) the enrolment number of the assignee and assignor, if applicable; (f) the hunting licence number of the assignee, if applicable; (g) the date the assignment is made; (h) the date the assignment is to take effect, if other than the date the assignment is made; (i) the date the assignment expires, if less than the maximum duration allowed under the Agreement; (j) the species to which the assignment relates; (k) the identity of the stock or population of the species being assigned, if there is a total allowable harvest on the species being assigned; (l) the share of the assignor’s allocation of the total allowable harvest for the species being assigned, if there is a total allowable harvest for the species to which the assignment relates; (m) the number of animals being assigned; (n) the numbers of any tags issued to the assignor for the animals to which the assignment relates; (o) an acknowledgment signed by both the assignor and the assignee that the contents of the document, to the best of their knowledge, contains no false or misleading information. (2) For the purposes of paragraph 39(2)(b) of the Act, paragraphs (1)(b), (d), and (g) to (n) of these regulations apply to a verbal assignment. Registration Process 2. (1) Subject to subsection (2), an assignment shall be deemed to be registered when an assignment complying with subsection 39(1) of the Act is delivered to a conservation officer or the Superintendent, or to his or her office, during normal business hours. (2) An assignment may not be registered if the document purporting to evidence the assignment (a) does not contain the information set out in subsection 1(1); (b) is wholly or partly illegible; or (c) consists of material that, in the opinion of the Superintendent, does not affect or relate to an assignment. Assignment Regulations 2 R-008-2015 (3) If an assignment may not be registered pursuant to subsection (2), the Superintendent shall take reasonable steps to notify the person who delivered the document. The Register 3. (1) The Superintendent shall keep a register in digital form to record each assignment registered under section 2. (2) The Superintendent shall ensure that (a) the relevant particulars of each registered assignment are recorded in the register; (b) the date of registration is endorsed on each document evidencing an assignment; and (c) each document evidencing an assignment is numbered consecutively in order of the time of registration. (3) Every document evidencing a registered assignment shall be retained in the custody of the Superintendent for a period of six years. (4) The Superintendent shall ensure that a copy of every document evidencing a registered assignment is distributed in accordance with subsection 40(3) of the Act. (5) The public is deemed to have notice of the information recorded in the register. 4. (1) On receiving the required fee, if any, the Superintendent shall provide a copy of any information in the register relating to an assignment. (2) In a proceeding under the Act, a certificate signed by the Superintendent certifying the particulars of the registration of a document or other material or the refusal to accept the registration of a document or other material is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and of the authority of the Superintendent without further proof of his or her appointment or signature. 5. (1) The Superintendent shall, immediately after becoming aware of any omission or error in recording or deleting information in the register, (a) make, date and certify the necessary entries, alterations or corrections; and (b) notify all persons he or she is aware of who may be adversely affected by those entries, alterations or corrections. (2) The Superintendent may delete from the register the entry of information relating to an assignment, or make an entry in the register indicating that an assignment is terminated, if (a) a period of five years has passed since the document evidencing the assignment was registered; or (b) the Superintendent receives satisfactory evidence that the assignment was terminated and that the assignee was given written notice of the termination. (3) The Superintendent shall send notice of the action taken under this section to the appropriate HTO and RWO. Commencement 6. These regulations come into force on July 1 2015. PUBLISHED BY TERRITORIAL PRINTER FOR NUNAVUT ©2015 GOVERNMENT OF NUNAVUT