WILDLIFE ACT - LOI SUR LA FAUNE ET LA FLORE

The Commissioner, on the recommendation of the Minister, under section 39 and paragraph 201(f) of the Wildlife Act and every enabling power, makes the annexed Assignment Regulations.

	Le commissaire, sur la recommandation du ministre, en vertu de l’article – de la Loi sur la faune et la flore, prend le RPglement sur ----------------, ci-joint.

Dated,
Fait le ………………………….…… 2006.

...................................................
Ann Meekitjuk Hanson
Commissioner of Nunavut
Commissaire du Nunavut

WILDLIFE ACT

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, the provisions of subsection (1) apply to a verbal assignment, except for paragraphs (a), (c), (e), (f) and (o).

Registration Process

2.	(1) The document evidencing the assignment is considered registered when it is delivered to a conservation officer or the Superintendent, or to their office, during normal business hours. 

	(2) Notwithstanding subsection (1), a document shall not be considered registered if it
			(a)	does not contain the minimum information required by subsection 1(1); or
			(b)	is wholly or partly illegible.

	(3) The Superintendent may refuse to accept for registration any material that does not, in the Superintendent's opinion, affect or relate to an assignment.

The Register

3.	(1) The Superintendent shall keep a register in digital form to record each assignment for which the proper document evidencing it is registered.

	(2) Upon the registration a document, the Superintendent shall,
			(a)	number it consecutively in order of the time of its registration;
			(b)	endorse on it the date when it is registered; and
			(c)	record the relevant particulars of the assignment in the register.

	(3) Every registered document shall be retained in the custody of the Superintendent.

	(4) The Superintendent shall ensure that copies of each registered document are 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) Upon receiving the required fee, if any, the Superintendent shall provide a certified 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 or refusal to accept the registration of 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.