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Volume 60, No. 4

74/2017

The British Columbia Gazette,

Part II

March 14, 2017

B.C. Reg. 74/2017 , deposited March 1, 2017, under the WILDLIFE ACT [section 108] and the OFFENCE ACT [section 132]. Order in Council 88/2017, approved and ordered February 28, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 1, 2017,

(

a) the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is amended as set out in Appendix 1,

(

b) the Freshwater Fish Regulation, B.C. Reg. 261/83, is amended as set out in the attached Appendix 2,

(

c) the Hunting Regulation, B.C. Reg. 190/84, is amended as set out in the attached Appendix 3,

(

d) the Hunting Licensing Regulation, B.C. Reg. 8/99, is amended as set out in the attached Appendix 4,

(

e) the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended as set out in the attached Appendix 5,

(

f) the Wildlife Act General Regulation, B.C. Reg. 340/82, is amended as set out in the attached Appendix 6, and

(

g) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix 7.

— S. ANTON, Attorney General and Minister of Justice ; S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; T. STONE, Presiding Member of the Executive Council .

Appendix 1

Section 2.1 of the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is repealed.

Section 13 (1) (

b) is amended by striking out “ his ” and substituting “ the ”.

3 Item (10) in

Schedule C is repealed.

Appendix 2

Section 2 of the Freshwater Fish Regulation, B.C. Reg. 261/83, is amended by striking out “ he ” and substituting “ the person ”.

Appendix 3

Section 1 (1) of the Hunting Regulation, B.C. Reg. 190/84, is amended

(

a) in the definition of “full curl thinhorn ram mountain sheep” by striking out “ his ”, and

(

b) in the definition of “possession limit” by striking out “ his ” and substituting “ his or her ”.

2 Sections 10, 11 (1) and (2), 17 (1) and 18 (1), (1) (d) (

i) and (ii), (2), (3) and (4) are amended by striking out “ he ” and substituting “ the person ”.

Section 11 (2) is amended by striking out “ him ” and substituting “ the person ”.

Section 18 (1) (d) (

i) and (ii) is amended by striking out “ his ” and substituting “ his or her ”.

Schedule 1 is amended in

section 8 of

Part 2 by striking out “ he ” and substituting “ the person ”.

Schedule 2 is amended in

section 1 (2) of

Part 2 by striking out “ he ” wherever it appears and substituting “ the person ”.

Schedule 3 is amended in

section 6 (2) of

Part 2 by striking out “ he ” and substituting “ the person ”.

Schedule 4 is amended in sections 1.1 (2), 2 (3) and 3 (3) of

Part 2 by striking out “ he ” and substituting “ the person ”.

Schedule 5 is amended in

section 9 (6) of

Part 2 by striking out “ he ” and substituting “ the person ”.

Schedule 6 is amended in

section 2 (3) of

Part 2 by striking out “ he ” and substituting “ the person ”.

Schedule 7 is amended in sections 1 (3) and 3 (2) and (5) of

Part 2 by striking out “ he ” and substituting “ the person ”.

Schedule 8 is amended in sections 2 (2) and 8 (2) of

Part 2 by striking out “ he ” wherever it appears and substituting “ the person ”.

Appendix 4

Section 5 of the Hunting Licensing Regulation, B.C. Reg. 8/99, is repealed and the following substituted:

Two licences required

(1) For the purposes of

section 11 (1) (

c) of the Act, a person who hunts any of the following species must hold an uncancelled species licence for that species:

(

a) bison;

(

b) black bear;

(

c) black-tailed deer;

(

d) bobcat;

(

e) caribou;

(

f) cougar;

(

g) elk;

(

h) grizzly bear;

(

i) lynx;

(

j) moose;

(

k) mountain goat;

(

l) mountain sheep;

(

m) mule deer;

(

n) white-tailed deer;

(

o) wolverine.

(2) For the purposes of

section 11 (1) (

c) of the Act, a non-resident, or a non-resident alien, who hunts for upland game birds or wolf must hold an uncancelled species licence for the species hunted.

Section 5.1 (1) is repealed and the following substituted:

(1) Section 5 (1) does not apply to a hunting companion.

3 Sections 5.12 (1), 5.2 (2) and 5.3 (1) are amended by striking out “ in respect of a species licence ”.

Section 5.2 (1) is repealed.

Section 7 (1) is repealed and the following substituted:

(1) If a person hunts and kills wildlife in respect of which the person is required to hold a species licence, the person commits an offence unless, immediately after killing the wildlife and before handling the wildlife killed, the person cancels the species licence in accordance with the instructions on that licence.

6 Sections 16 (1) (

e) and 17 (

b) are amended by striking out “ Queen Charlotte Islands ” and substituting “ Haida Gwaii ”.

Section 19 is amended by striking out “ a hunting licence are those ” and substituting “ a licence set out in the

Schedule are those set out opposite the licence ”.

Section 25 is repealed and the following substituted:

Two licences required

25 For the purposes of

section 11 (1) (

c) of the Act, a person who hunts wildlife in the special area must hold a Fraser Valley special area licence.

Section 26 is amended by striking out “

Section 25 (b) ” and substituting “

Section 25 ”.

10 Sections 28 and 32 are amended by striking out “ hunting ” after “ special area ”.

Section 30 is repealed and the following substituted:

Two licences required

30 For the purposes of

section 11 (1) (

c) of the Act, a person who hunts wildlife in the special area must hold a Gulf Islands special area licence.

Section 31 (2) is amended by striking out “

Section 30 (b) ” and substituting “

Section 30 ”.

13 The

Schedule is amended

(

a) in items 3 (

k) and 4 (

l) by striking out “ Queen Charlotte Islands ” and substituting “ Haida Gwaii ”, and

(

b) in item 6 (

b) by striking out “ hunting ”.

Appendix 5

Section 1.01.1 (

a) of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended by striking out “ his ” and substituting “ the guide outfitter’s ”.

Section 1.02 is amended

(

a) by striking out “ he ” wherever it appears and substituting “ the guide outfitter ”, and

(

b) by striking out “ his ” and substituting “ the guide outfitter’s ”.

Section 1.04 is amended by striking out “ he ” and substituting “ the regional manager ”.

4 Sections 2.05, 3.04 (1) and (1) (p), 3.05 (2) and 3.06 are amended by striking out “ he ” wherever it appears and substituting “ the person ”.

Section 2.07 is amended by striking out “ acquired by him ” and substituting “ that he or she acquires ”.

Section 3.09 (2) is amended by striking out “ he ” and substituting “ he or she ”.

Section 3.11 is amended by striking out “ him ” wherever it appears and substituting “ him or her ”.

Section 3.15 is amended by striking out “ his ” and substituting “ his or her ” and by striking out “ he ” and substituting “ he or she ”.

Section 3.17 (1) (

a) and (

b) is amended by striking out “ he ” and substituting “ the person ”.

Appendix 6

1 Sections 1.01, 1.02, 16.01 and 17.01 of the Wildlife Act General Regulation, B.C. Reg. 340/82, are amended by striking out “ he ” wherever it appears and substituting “ the person ”.

Section 4.01 is amended

(

a) by adding “ the person ” after “ where ”,

(

b) in paragraphs (

a) and (

b) by striking out “ he ”,

(

c) in paragraph (

c) by striking out “ he has in his ” and substituting “ has in his or her ”, and

(

d) in paragraph (c) (

i) by striking out “ he ” and substituting “ he or she ”.

Section 4.02 is amended by striking out “ his ” and substituting “ his or her ” and by striking out “ he ” and substituting “ he or she ”.

Section 4.03 is amended by striking out “ he has in his ” and substituting “ he or she has in his or her ”.

Section 4.04 is amended

(

a) by striking out “ his ” wherever it appears and substituting “ his or her ”, and

(

b) in paragraphs (

d) and (

e) by striking out “ he ” and substituting “ he or she ”.

Section 4.05 is amended by striking out “ his ” and substituting “ his or her ”.

Section 7.06 is repealed.

Appendix 7

Schedule 2 to the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended

(

a) under the heading “ Wildlife Act ” by adding the following items as indicated:

Provision

Contravention

Fine

Victim Surcharge

Levy

Ticketed Amount

section 11 (1) (

c) Hunt without species licence required by

section 5 (1) of the Hunting Licensing

Regulation

$200

$30

$230

section 11 (1) (

c) Hunt without species licence required by

section 5 (2) of the Hunting Licensing

Regulation

$200

$30

$230

section 11 (1) (

c) Hunt without Fraser Valley special area licence required by

section 25 of the Hunting

Licensing Regulation

$200

$30

$230

section 11 (1) (

c) Hunt without Gulf Islands special area licence required by

section 30 of the Hunting

Licensing Regulation

$200

$30

$230

(

b) under the heading “ Hunting Licensing Regulation, B.C. Reg. 8/99 ” by repealing the following items as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

section 5 (1)

Hunt game without required species licence

$200

$30

$230

section 5 (2)

Non-resident hunts without required species licence

$200

$30

$230

section 25

Hunt without Fraser Valley licence

$200

$30

$230

section 30

Hunt without Gulf Islands licence

$200

$30

$230

, and

(

c) under the heading “ Wildlife Act General Regulation, B.C. Reg. 340/82 ” by repealing the following item as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

section 7.06

(2) Fail to surrender hunter number card upon demand

$300

$45

$345

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