Protection of property
31. (1) If a person believes on reasonable grounds that wildlife is damaging or is about to damage the person’s property, the person may, on the person’s land,
(a) harass the wildlife for the purpose of deterring it from damaging the person’s property; or
(b) capture or kill the wildlife.
Agents
(2) The person may use an agent to harass, capture or kill the wildlife under subsection (1) if the agent has the authorization of the Minister or belongs to a class of agents prescribed by the regulations.
Exceptions
(3) Subsection (1) does not apply to,
(a) a moose, caribou or elk;
(b) a white-tailed deer, unless the person harasses or kills the deer in accordance with the authorization of the Minister; or
(c) other wildlife prescribed by the regulations, unless the person harasses, captures or kills the wildlife in accordance with the authorization of the Minister.
Scope of authority
(4) A person who harasses, captures or kills wildlife under this section shall not harass, capture or kill more wildlife than is necessary to protect the property.
Unnecessary suffering
(5) A person who harasses, captures or kills wildlife under this section shall not cause it unnecessary suffering.
Certain provisions do not apply
(6) Sections 5 and 6, clauses 11 (1) (a) to (d), section 27 and such other provisions of this Act and the regulations as are prescribed by the regulations do not apply to a person who harasses, captures or kills wildlife under this section.
Night hunting
(7) Section 20 does not apply to a person who, under this section, harasses, captures or kills wildlife, other than white-tailed deer or wildlife prescribed for the purpose of clause (3) (c).
Capture and release
(8) Subsection 40 (1) and section 46 do not apply to a person who captures wildlife under this section and releases it in accordance with the regulations or in accordance with an authorization of the Minister.
Trapping bears
(9) Section 21 does not apply to an agent acting under subsection (2) who traps a black bear if the agent has the authorization of the Minister to trap black bears.
Disposal
(10) A white-tailed deer or other wildlife prescribed by the regulations that is captured or killed under this section shall be disposed of in accordance with the directions of the Minister. 1997, c. 41, s. 31.