AN ACT TO AMEND THE ENDANGERED SPECIES ACT

Summary#

• This bill updates Newfoundland and Labrador’s Endangered Species Act. It aims to strengthen enforcement, raise penalties, and clarify rules.

• It also gives the government more time to respond to scientific advice about listing species, and updates wording to be clearer and gender‑neutral.

• Key changes:

  • Extends the government’s response time to species listing advice from 90 to 180 days.
  • Adds clear definitions for “corporation” and “vehicle” (vehicle includes boats, snowmobiles, ATVs, aircraft, and similar).
  • Clarifies conservation officers’ powers to search with a warrant and lets them apply for a telewarrant (by phone or electronic means) when in‑person is not practical.
  • Expands what officers can seize when they suspect an offence (for example, guns, traps, vehicles, fridges or lockers used to store specimens, and electronic devices).
  • Updates permit rules so the minister can allow limited use of a listed species in set cases (pre‑existing legal possession, traditional religious or ceremonial use, research/education/recovery, or other cases the minister finds appropriate with safeguards).
  • Raises fines for offences and adds daily fines for ongoing violations; updates the offence of obstructing an officer.
  • Updates court references and corporate director/officer liability provisions.

What it means for you#

• General public and outdoor users

  • Fines are much higher for harming, disturbing, or possessing threatened or endangered species. Jail time is possible for serious or repeat offences.
  • If an officer suspects an offence, they can get a warrant (including by telewarrant) to enter buildings or places and check. They can seize gear they believe was used, including vehicles and electronic devices.
  • Obstructing or resisting an officer can lead to fines and, for individuals, possible jail.
  • “Vehicle” now clearly covers ATVs, snowmobiles, boats, and aircraft.

• Hunters, anglers, and trappers

  • Items like guns, traps, decoys, snares, lights, dog teams, vehicles, and storage containers can be seized if tied to an alleged offence.
  • Daily fines can add up if a violation continues over several days. Following species rules is more important than ever.

• Landowners and property custodians

  • Officers can seek a warrant (including by telewarrant) to enter buildings or places at reasonable times for investigations.
  • If your property or gear is seized, there are clarified rules for return, bonds, or sale of perishable items. If you have a lawful interest in seized property, you can apply to the court to get it—or its value—back in some cases.

• Businesses and corporations

  • Corporate fines can be up to $2,000,000, plus daily fines up to $250,000 for ongoing offences.
  • Rules on liability for corporate directors and officers are updated. Strong compliance programs and training will help reduce risk.
  • Vehicles and equipment used in an offence can be seized.

• Indigenous and cultural groups

  • The minister may issue permits for traditional religious or ceremonial use of a listed species, with safeguards to avoid added risk to the species.

• Scientists, educators, and recovery teams

  • The minister may issue permits for research, education, or species recovery when there is no reasonable alternative and risk to the species will not increase.

• People who already owned a specimen before listing

  • You may apply for a permit if you legally possessed a specimen before it was listed.

• Conservation advocates and industry stakeholders

  • The government now has up to 180 days to respond to advisory committee recommendations on species status. This may lengthen the time before final decisions are made.

Expenses#

No publicly available information.

Proponents' View#

• Higher fines and daily penalties will deter harm to vulnerable wildlife and make breaking the law a lot less attractive.
• Telewarrants and clearer search rules help officers act quickly, including in remote areas where in‑person applications are hard.
• Clearer definitions and modernized wording reduce confusion about what is covered (like vehicles).
• Updated seizure and forfeiture rules close loopholes and protect evidence.
• Permit rules balance protection with limited, careful use for tradition, research, and recovery.
• More time to respond to listing recommendations allows better review, consultation, and planning.

Opponents' View#

• Doubling the response time to listing advice could delay protections for species that need quick action.
• The permit option for “other activities the minister considers appropriate” may be too broad and could allow harmful exceptions.
• Expanded search and seizure powers and telewarrants may raise privacy and property rights concerns if not tightly controlled.
• The steep fines and daily penalties could be excessive for small operators or people who make honest mistakes.
• Seizing vehicles and equipment can be a heavy burden, especially in rural livelihoods.
• Changes to corporate director/officer liability may create uncertainty for businesses about their personal exposure.