Decision Date: May 16, 2003

Panel: Lorraine Shore

Keywords: Wildlife Act– s. 61; guide outfitter licence; interim decision; jurisdiction; period of ineligibility

Carmen Nyuli appealed the decision of the Regional Manager that made Mr. Nyuli ineligible to obtain or hold a guide outfitter licence or assistant guide licence for a specified period of time, as well as suspended his guide outfitter certificate for a specified time, and placed restrictions on the transferring of that certificate.

Mr. Nyuli then submitted a motion arguing that the Regional Manager did not possess the jurisdiction under section 61 of the Wildlife Act to order periods of ineligibility for guide outfitter licences and assistant guide outfitter licences.

A hearing of this preliminary issue of jurisdiction was conducted by teleconference.  The Board chose to make an interim decision, with a full decision and detailed reasons following thereafter.

In its interim decision, the Board found that the Regional Manager had the jurisdiction under section 61 of the Wildlife Act to make the orders regarding periods of ineligibility.