Quote:
Originally Posted by Gilly87
im curious as well to know the power they have as I believe a lot of searches are illegal.
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From the Wildlife Act.
Status as peace officer
65(1) A wildlife officer or wildlife guardian, in executing the duties and functions and exercising the powers of that office, is a person employed for the preservation and maintenance of the public peace.
(2) Notwithstanding subsection (1), a wildlife guardian shall not exercise the powers of arrest given to a peace officer by section 495 of the Criminal Code (Canada) as adopted by the Provincial Offences Procedure Act.
(3) Wildlife officers and wildlife guardians
(a) are the persons with the primary responsibility of enforcing this Act, and
(b) without limiting their other powers, have all powers that are required for, that are incidental to or that form part of
(i) the performance of their duties, whether or not those duties are specifically referred to in this Act, or
(ii) any enforcement, investigation, administration or process under or relating to this Act or any directions, requirements, orders or prosecution or other legal proceeding under or relating to this Act.
RSA 2000 cW‑10 s65;2002 c30 s33
Entry on and the passing over of land
66(1) A wildlife officer or wildlife guardian may, without a warrant, enter on and pass over any land while lawfully engaged in the exercise of powers or the performance of duties or functions given him or her by, or that otherwise relate to the enforcement of, this Act, including those implied by section 65.
(2) Subsection (1) does not in itself authorize the entry into any tent, building or other structure or any search or seizure.
(3) The officer or guardian, while lawfully engaged in the entry on or the passing over of the land in accordance with subsection (1), is liable only for damage that he or she wilfully causes.
RSA 2000 cW‑10 s66;2002 c30 s33;2009 c36 s4
Power to stop and order movement of vehicles, etc. and animals
67(1) A wildlife officer, while lawfully engaged in the exercise of powers or the performance of duties or functions referred to in section 66(1), may signal or otherwise order
(a) a person operating a vehicle, aircraft or boat or riding or leading a pack‑animal to stop it forthwith or to move it to a particular place and then stop it, or
(b) a person carrying a pack to stop,
and that person shall forthwith comply with that signal or order and shall not proceed until the end of any period of time that is reasonably necessary to enable the officer to conduct any lawful inquiries.
(2) This section does not apply with respect to an aircraft that is in flight.
RSA 2000 cW‑10 s67;2002 c30 s33;2009 c36 s5
Power to demand licence, permit, etc.
68(1) Where a wildlife officer or wildlife guardian believes that a person is or has been hunting wildlife, the officer or guardian may require that person to produce
(a) any licence authorizing the person to hunt that wildlife, or
(b) if the person is a person referred to in section 26(2), the instrument referred to in that subsection.
(2) Where an officer or guardian believes that a person may have engaged in an activity for which a permit is required, the officer or guardian may require that person to produce the permit authorizing the person to engage in that activity.
(3) Where an officer or guardian believes that a person is transporting wildlife in a vehicle, aircraft or boat, the officer or guardian may require that person to produce the documents referred to in section 57.
(4) When an officer or guardian requires a person to produce anything under this section, that person shall forthwith produce it to the officer or guardian.
RSA 2000 cW‑10 s68;2002 c30 s33
Inspection of subject animals
69(1) In this section,
(a) “structure” means a building, tent or other structure that is not a private dwelling;
(b) “transport” means a vehicle, aircraft, boat, pack‑animal or pack.
(2) A wildlife officer or wildlife guardian may require the operator or person in possession of any transport or the owner or occupant of a structure to produce all subject animals in or on the transport or structure, as the case may be, for the purpose of inspection to determine the sex, species and size of the animals or to ascertain whether disease or parasites are present in or on the animals or whether the animals are lawfully possessed or, if dead, tagged, if
(a) any subject animal in or on the transport or structure is in plain view of the officer or guardian, or
(b) the officer or guardian has reasonable and probable grounds to believe that there is a subject animal in or on it.
(3) An officer or guardian may require the operator or person in possession of any transport or the owner or occupant of a structure to produce all endangered organisms in or on it for the purpose of ascertaining whether they are lawfully possessed, if
(a) any endangered organism in or on it is in plain view of the officer or guardian, or
(b) the officer or guardian has reasonable and probable grounds to believe that endangered organisms are present there.
(4) When an officer or guardian requires a person to produce subject animals or endangered organisms under subsection (2) or (3), that person shall forthwith produce to the officer or guardian all subject animals or endangered organisms, as the case may be, in or on the applicable transport or structure.
RSA 2000 cW‑10 s69;2002 c30 s33
Inspection of weapons, ammunition and projectiles
70(1) If a weapon, ammunition or projectile or any part of it
(a) is in or on a vehicle, aircraft or boat or is being transported on an animal or by a person who is on foot, and
(b) is in plain view of a wildlife officer or wildlife guardian,
the officer or guardian may require the person who is or who appears to be in possession of that weapon or other thing to produce it for the purpose of inspection to determine whether it is there in circumstances constituting a danger to public safety or whether or not it is possessed in accordance with this Act.
(2) When an officer or guardian requires a person to produce anything for inspection under subsection (1), that person shall forthwith produce it to the officer or guardian.
RSA 2000 cW‑10 s70;2002 c30 s33
Search, etc., without warrant
71(1) If distance, urgency, the imminent danger of the loss, removal, destruction or disappearance of evidence or other relevant factors do not reasonably permit the obtaining of a warrant, a wildlife officer or wildlife guardian may, without obtaining a warrant,
(a) enter into and search any premises or a place, vehicle, aircraft, boat or a building, tent or other structure,
(a.1) search any land lawfully entered on under section 66, or
(b) search any container, including a pack, or any pack‑animal,
if the officer or guardian believes on reasonable and probable grounds that there is in or on it any evidence of an offence against this Act.
(1.1) A wildlife officer or wildlife guardian who has reasonable and probable grounds to believe that the lawful exercise of any powers or the lawful performance of any duties or functions referred to in section 66(1) necessitates the examination or inspection of anything or any location referred to in subsection (1)(a), (a.1) or (b) or of any subject animal or other property may, without a warrant, perform that examination or inspection, as the case may be.
(2) The officer or guardian shall not enter into or search the living quarters of a private dwelling under this section unless the officer or guardian is in immediate pursuit of a person who the officer or guardian has reasonable and probable grounds to believe has committed an offence against this Act.
(3) The power to conduct a search, examination or inspection under this section must
(a) be exercised at a reasonable hour having regard to the circumstances underlying the reasonably perceived need for the search, examination or inspection, and
(b) be exercised in accordance with the prescribed restrictions.
RSA 2000 cW‑10 s71;2002 c30 s33;2009 c36 s6
Inspection of permit and other premises
72(1) A wildlife officer or wildlife guardian may, without obtaining a warrant, enter at any reasonable hour
(a) any premises that the officer or guardian has reason to believe are permit premises, or
(b) any other premises where
(i) any authority is required by or under another statute, including a federal statute, to possess any subject animals or endangered organisms, or
(ii) a commercial service in relation to butchering, skinning, dressing or plucking dead subject animals is offered,
and where the officer or guardian has reason to believe that subject animals or endangered organisms may be found at the time of entry, other than the living quarters of a private dwelling, for the purpose of inspecting the premises and any subject animals and endangered organisms found in them and any records required to be kept by or under this Act or the Fur Farms Act.
(2) If it appears to a justice, on information laid before the justice on oath, that there are reasonable and probable grounds for believing that the living quarters of a private dwelling contain any premises referred to in subsection (1), the justice may issue a warrant authorizing an officer or guardian to enter those quarters, by force if necessary, for the purpose of inspecting the quarters and any subject animals and endangered organisms found in them and any records referred to in subsection (1).
(3) Before entering the living quarters under subsection (2), an officer or guardian shall take reasonable steps to find the person in possession of them and shall endeavour to obtain the consent of that person.
(4) A permit holder or other person in charge of the premises referred to in this section shall, for the purpose of an inspection under this section, give all reasonable assistance to the officer or guardian carrying out the inspection and provide access to all relevant areas of the premises and provide all information, records and copies required to be kept by or under this Act and all other records referred to in subsection (1).
RSA 2000 cW‑10 s72;2002 c30 s33;2003 c49 s14;2011 c12 s32(21)
Production of identification
73 In the exercise of a wildlife officer’s or wildlife guardian’s powers and duties under this Act, an officer who is not in uniform or a guardian shall produce the officer’s or guardian’s badge or certification of the officer’s or guardian’s appointment on being requested to do so.
RSA 2000 cW‑10 s73;2002 c30 s33
Powers of seizure
74(1) A wildlife officer or wildlife guardian may seize anything that the officer or guardian believes on reasonable and probable grounds may afford evidence of, or was used in, the commission of an offence against this Act.
(2) The officer or guardian shall, on seizing anything under subsection (1), give a receipt for it to the person, if any, having physical possession of it when it was seized.