Keywords:Wildlife Act – s. 40.1; Commercial Activities Regulation – s. 3.10; licence; trapping
Richard Alan Snyder appealed a decision of the Deputy Regional Manager (the “Regional Manager”), Skeena Region, Ministry of Forests, Lands, Natural Resource Operations and Rural Development, denying Mr. Snyder’s application for a trapping licence. The Regional Manager denied the application on the basis that if he issued the licence and Mr. Snyder went trapping, then Mr. Snyder would be in violation of the section 3.10 of the Commercial Activities Regulation because he has not completed an approved trapper education course since July 1, 1982.
Mr. Snyder appealed the decision and asked the Board to grant him a trapping licence valid for two to five years. Mr. Snyder submitted that he completed a trapper education course in 1978, he was previously granted trapping licences, and he has never been told before that he needs to take another course in order to obtain a trapping licence.
The Board considered whether to grant Mr. Snyder’s application for a trapping licence.
The Board found that section 40.1 of the Wildlife Act provides regional managers with the power to issue trapping licences, and the only qualification is that the licensee be a Canadian citizen or a permanent resident of Canada. While section 3.10 of the Commercial Activities Regulation prohibits trapping without having completed an approved trapper education course, completing such a course is not a prerequisite to obtaining a trapping licence.
Given Mr. Snyder’s assurance that he will take the trapper education course if he is granted a licence, and that there was no evidence he had committed any offences related to trapping in the past, the Board decided to issue him a one-year trapping licence. The Board noted that if he traps prior to completing the course, the Regional Manager may either cancel his licence or refuse to renew his licence.
The Board allowed the appeal, and directed the Regional Manager to issue Mr. Snyder a one-year trapping licence.