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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE JOYCE MURRAY

MINISTER OF WATER, LAND

AND AIR PROTECTION

BILL 55 – 2003

WATER, LAND AND AIR PROTECTION STATUTES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Capital Region Water Supply and Sooke Hills Protection Act

Section 5 (1), (3) and (4) of the Capital Region Water Supply

and Sooke Hills Protection Act, S.B.C. 1997, c. 5, is amended by striking out

" Park (Regional) Act " and substituting " Local

Government Act " .

Drainage and Dyking Adjustment and Repeal Act, 1965

and various Dyking Assessments Adjustment Acts

2 The following Acts are repealed:

(

a) the Drainage and Dyking Adjustment and Repeal Act, 1965, S.B.C. 1965, c. 10;

(

b) the Dyking Assessments Adjustment Act, 1905, S.B.C. 1905, c. 20;

(

c) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1907, S.B.C. 1907, c. 15;

(

d) An Act to amend the "Dyking Assessments Adjustment Act, 1905", S.B.C.

1916, c. 17;

(

e) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1917, S.B.C. 1917, c. 18;

(

f) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1918, S.B.C. 1918, c. 25;

(

g) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1920, S.B.C. 1920, c. 25;

(

h) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1922, S.B.C. 1922, c. 21;

(

i) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1925, S.B.C. 1925, c. 9;

(

j) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1933, S.B.C. 1933, c. 17;

(

k) the Dyking Assessments Adjustment Act, 1947, S.B.C. 1947, c. 26;

(

l) the Dyking Assessments Adjustment Act, 1947, Amendment Act, 1961, S.B.C. 1961, c. 15;

(

m) the Dyking Assessments Adjustment Act, 1962, S.B.C. 1962, c. 76.

Drinking Water Protection Act

Section 50 of the Drinking Water Protection Act, S.B.C. 2001,

c. 9, is repealed.

Environment Management Act

Section 21 of the

Schedule to the Environment Management Act,

R.S.B.C. 1996, c. 118, is amended by striking out "Park and Recreation

Area Regulation" and substituting " Park Act " .

Land Title Act

Section 274 (

a) of the Land Title Act, R.S.B.C. 1996, c. 250,

is repealed.

Local Government Act

Section 188 of the Local Government Act, R.S.B.C. 1996, c. 323,

is amended

(

a) in subsection (1) (

a) by adding "or a regional district"

after "municipality" ,

(

b) by repealing subsection (1) (b), and

(

c) in subsection (3) by adding "a regional park or a regional

trail," after "park land," .

Section 797.1 is amended by adding the following subsection:

(6) Any bylaw under

section 4 (1) (b) [powers of regional

park district] of the Park (Regional) Act that is in effect on the

date of repeal of that Act is deemed to be a bylaw of the regional district

in which the regional park or regional trail is located.

8 The following

section is added:

Continuation of regional parks and trails

799.1 The repeal of the Park (Regional) Act

does not alter or cancel an interest in, a right to, or the park status of,

regional parks and regional trails set aside and dedicated under that Act.

Section 800.1 (2) (

g) is amended by adding "and regional

trails" after "regional parks" .

Section 941 is amended by adding the following subsection:

(15) Any reserve fund established by a regional district

under the Park (Regional) Act must be continued on the repeal of that

Act as a special fund under

Part 13 [Special Funds] of this Act held

for the purpose of acquiring regional parks or regional trails.

11 The following

section is added:

Disposition of regional parks and trails

941.1

(1) A regional district, by bylaw, may sell

a regional park or regional trail or exchange it for other land to be used for

park purposes.

(2) The regional district must place the proceeds of

a sale under subsection (1) to the credit of a special fund under

Part 13 [Special

Funds] established for the purpose of acquiring regional parks or regional

trails.

(3) Before adopting a bylaw under subsection (1), the board must provide a counter petition opportunity in relation to the proposed bylaw.

(4) All land taken in exchange under this

section is dedicated for the purpose of a park and title to it vests in the regional district.

(5) Transfers of land under this

section have effect free of any dedication to the public for the purpose of a park.

Mineral Tenure Act

Section 14 (5) (

b) of the Mineral Tenure Act, R.S.B.C. 1996,

c. 292, is amended by striking out "or the Park (Regional) Act " .

Ombudsman Act

Section 13 of the

Schedule to the Ombudsman Act, R.S.B.C. 1996,

c. 340, is repealed and the following substituted:

13 The Cultus Lake Park Board .

Park Act

Section 1 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(

a) by repealing the definition of "department" ,

(

b) by repealing the definition of "park officer" and

substituting the following:

"park officer" means a director, an officer or

an employee appointed under

section 4 (1); ,

(

c) by adding the following definition:

"park ranger" means a person appointed as a park

ranger under

section 4 (2); , and

(

d) by adding the following definition:

"permit" , in sections 20 and 21, means a park use

permit or a resource use permit; .

Section 4 is repealed and the following substituted:

Directors, officers, employees and park rangers

(1) The minister may appoint one or more directors

and other officers and employees under the Public Service Act to assist

the minister in the performance of duties and the exercise of powers under this

Act.

(2) The minister may appoint persons, or persons within a class of persons, to be park rangers.

(3) Subject to the regulations and to any limitations,

a park ranger is responsible for enforcing compliance with

(

a) this Act and the regulations, and

(

b) other prescribed enactments

within parks, recreation areas and any land, trail, path or waterway comprised in an order under

section 6 (1).

(4) In appointing park rangers under subsection (2), the minister may

(

a) limit the powers and functions that the person or persons within the class of persons may exercise and perform, and

Section 18 is amended by striking out "an officer of

the department under

section 17" and substituting "a park officer

under

section 17" .

17 Sections 20 and 21 are repealed and the following substituted:

Issuing permits

(1) Subject to this Act and only on receiving

payment of the prescribed fees, the minister may issue a permit authorizing,

which a permit is required under this Act.

(2) The minister may issue a permit under subsection (1)

(

a) on receiving an application for the permit and without a public competition for it, or

(

b) after advertisement of an intention to issue the permit in accordance with subsection (3) (

a) and with a public competition for the permit.

(3) Despite subsection (2) (

a) but subject to subsection (4), a permit may not be issued to authorize the offering of goods, services, accommodation or equipment for sale, hire or rent to the public unless the following conditions are met:

(

a) advertisement of the intention to issue the permit has been published in at least one issue of a newspaper circulated in

(

i) that part of British Columbia in which the offering of goods, services, accommodation or equipment for sale, hire or rent to the public will occur under the permit, or

(ii) if the minister so requires, all of British Columbia or in a part of British Columbia different from that described in subparagraph (i);

(

b) written approval for issuing the permit is given

by a majority of a committee composed of

(

i) the deputy minister, or his or her designate, as

chair, and

(ii) 2 park officers designated by a director.

(4) The minister may waive the requirements of subsection (3) if the permit to be issued is

(

a) a permit under

section 30,

(

b) in respect of the activities of an angling guide or guide outfitter, or

(

c) for a term of not more than one year, is in respect of activities other than those described in paragraph (

b) and will not authorize or involve the construction or installation of any improvements.

(5) An application for a permit must be made in the form and manner approved by the minister.

(6) Before issuing a permit under this Act, the minister may require that the permit be signed by the person to whom the permit is proposed to be issued.

Applications and assurances required for certain permits

21 A permit may not be issued under

section 20

to authorize the removal, destruction, disturbance, damage or exploitation of

any natural resource or any work, occupancy, undertaking or activity incidental

to it unless

(

a) the person to whom the permit is proposed to be issued makes an application for the permit in accordance with

section 20 (5), and

(

b) the application is accompanied by a written undertaking, executed by the person to whom the permit is proposed to be issued, to pay to the government, in addition to any other sums that may be or become payable under any other Act,

(

i) the cost incurred by the government in surveying, cruising, examining and inspecting the area to be affected, and

(ii) the prescribed fees for the permit.

Section 28 is amended by adding the following subsections:

(5) The time limit for laying an information for an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the minister's attention.

(6) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(

a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(

b) is proof of the certified facts unless there is evidence to the contrary.

Section 29 is repealed and the following substituted:

Power to make regulations

(1) In this section, "park" includes

any land, trail, path or waterway comprised in an order under

section 6 (1).

(2) The Lieutenant Governor in Council may make regulations

referred to in

section 41 of the

Interpretation Act .

(3) Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:

(

a) for the administration, management, control, protection and development of a park or recreation area and the natural resources in a park or recreation area;

(

b) respecting the protection of fauna, flora, soil, waters, fossils, natural features, air quality and cultural heritage resources in a park or recreation area;

(

c) prohibiting or regulating and controlling, in a park

or recreation area, any of the following:

(

i) the possession or discharge of an explosive or of a firearm, bow, crossbow or any other weapon;

(ii) killing, hunting, trapping, angling for, or otherwise taking or disturbing, any animal, fish or bird, or the animals, fish and birds specified in the regulations, including, without limitation,

(

A) setting the number, age and sex of specified animals, fish and birds that may be taken by a person within any specified period in the park or recreation area,

(

B) designating the period during which any animal, fish or bird may be hunted, angled for or taken in the park or recreation area, and

(

C) requiring a special licence under another enactment, a park use permit or a resource use permit to hunt, trap, angle for or otherwise take any animal, fish or bird in the park or recreation area;

(iii) guiding or the offering of guiding services;

(iv) the presence of pets, domestic animals, draft or riding animals or any other specified animals;

(

v) access to the park or recreation area, including, without limitation, access by air;

(vi) persons and their activities or use of facilities

in the park or recreation area, including, without limitation,

(

A) prohibiting or regulating and controlling guiding activities or sports and leisure activities, camping or the lighting, fuelling or making use of fires,

(

B) prohibiting or regulating and controlling the actions, activities, conduct and behaviour of any person, or any person for whom another person is made responsible under the regulations, and

(

C) regulating and controlling groups and the number of persons permitted to use facilities in, or to travel through, the park or recreation area;

(vii) the exploitation, development, extraction or use of natural resources on or in the park or recreation area;

(viii) vehicular traffic, parking, speed and operation, including, without limitation, the use or presence of any vehicle on any road, highway, trail or elsewhere in the park or recreation area and providing for the towing and impoundment of vehicles in contravention of the regulations;

(

d) respecting the powers, responsibilities and duties of a park officer or park ranger in managing a park or recreation area and in enforcing the laws that apply to, and in respect of, a park or recreation area, and prescribing enactments for the purposes of

section 4 (3) (b);

(

e) respecting the design, construction or modification of, and the posting of signs on, in or around, a park or recreation area and related facilities and premises;

(

f) establishing fees payable to the government for a park use permit or resource use permit, including application fees and fees for processing and administering the permits;

(

g) establishing fees, rates and charges payable to the

government or to another person for

(

i) use of a park or recreation area or a natural resource or facility of a park or recreation area including, without limitation, any land, campsite, road, parking facility, structure, work, installation or other improvement, and

(ii) maps, informational material, promotional or educational products or services sold or otherwise provided by the government or another person in a park or recreation area;

(

h) providing for the collection of the fees, rates and charges under paragraphs (

f) and (g);

(

i) prescribing uses and services to be provided or permitted for the fees, rates and charges established under paragraph (g);

(

j) restricting the application of the Wildlife Act in parks and recreation areas;

(

k) respecting the conduct of proceedings of park boards for Class C parks and for the management, administration, regulation and control of Class C parks by those boards.

(4) A regulation under subsection (3) may be made in relation to one or more parks or recreation areas or a class of parks or recreation areas or be made specific to a particular portion of one or more parks or recreation areas.

(5) A regulation under subsection (3) may prescribe different fees, rates or charges for different classes of persons and may exempt different classes of persons from paying one or more of the fees, rates or charges.

Park (Regional) Act

20 The Park (Regional) Act, R.S.B.C. 1996, c. 345, is repealed.

Protected Areas of British Columbia Act

21 The Protected Areas of British Columbia Act, S.B.C. 2000, c.

17, is amended

(

a) in

Schedule A by adding the following description:

23.1 SATELLITE CHANNEL ECOLOGICAL RESERVE

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Cowichan District and contained

within the described boundaries as shown on the Official Plan deposited in the

Crown Land Registry as Plan 14 Tube 1920.

The whole ecological reserve containing approximately 337 hectares.

(

b) in

Schedule B by repealing the description of Satellite Channel Ecological Reserve,

(

c) in

Schedule C by repealing the descriptions of Inkaneep Park, Rubyrock Lake Park and Spatsizi Plateau Wilderness Park and substituting the following:

177 INKANEEP PARK

All those parcels or tracts of Crown land,

together with all that foreshore or land covered by water, situated in Similkameen

Division, Yale District and contained within the following described boundaries:

Lot 926, District Lot 2450S, Plan 6070.

The unsurveyed part of District Lot 2450S

which lies north of Lot 835, Plan 5753, east of Tugulnuit Road and south of

the Ministry of Transportation's District Plan 4-D-97-8 (dated July, 1980).

That part of Lot 12 of District Lot 2450S,

Plan A1211 lying to the south of Highway 3A/97, shown on the Ministry of Transportation's

Plan of R/W areas, Okanagan Highway No. 97, McAlpine Bridge No. 0363 Replacement,

Parks RW Plan, Project 20315, File No. L2-97-85 (dated 10/02).

Lot 11 of District Lot 2450S, Plan A1211.

Lot 848 of District Lot 2450S, Plan A1211.

That part of Lot 847 (being 2 islets) of

District Lot 2450S, Plan A1211 as shown in red on a plan filed on Ministry of

Parks' File 2-2-1-13, and dated April 14, 1989, lying above the low watermark

of the Okanagan River.

The whole park containing approximately

20.5 hectares.

336 RUBYROCK LAKE PARK

All those parcels or tracts of Crown land,

together with all that foreshore or land covered by water, situated in Range

5, Coast District and contained within the described boundaries as shown on

the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1852;

except (1) a 30 metre right of way centred on the existing access road to "Ilch

Az Uzta Tsch" Indian Reserve No. 4 and "Ucausley" Indian Reserve No. 4; and

(2) a 30 metre right of way centred on the existing access roads to "Ye Koo

Che" Indian Reserve No. 3.

The whole park containing approximately

41 232 hectares.

374 SPATSIZI WILDERNESS PLATEAU PARK

All those parcels or tracts of Crown land,

together with all that foreshore or land covered by water, situated in Cassiar

District and contained within the described boundaries as shown on the Official

Plan deposited in the Crown Land Registry as Plan 11 Tube 1875; except

(1) Mineral

Claim "Al 5" 221994;

(2) Mineral Claim "Al 6" 221995;

(3) Mineral Claim "Bull"

222123;

(4) Mineral Claim "Hyuk 1 Fr" 222360;

(5) Mineral Claim "Hyuk 3 Fr"

222362;

(6) Mineral Claim "A1 42" 302923;

(7) Mining Lease 314708;

(8) Coal

Lease 12; (9) any land that was subject to forfeited Mining Lease 306619; and

(10) any land over which the following forfeited mineral claims were located:

Mineral Claim "A1 1" 221814, Mineral Claim "A1 7" 222088, Mineral Claim "A1

8" 222089, Mineral Claim "Metsantan #2" 238253, Mineral Claim "Surprise" 238476,

Mineral Claim "Wankle" 238473, Mineral Claim "Mets 4" 311918, Mineral Claim

"Met 8" 340458, Mineral Claim "New-2" 357276, Mineral Claim "Mets-5" 357277,

and Mineral Claim "Mets-1" 360359.

The whole park containing approximately

695 102 hectares. ,

(

d) in

Schedule C by repealing the description of Omineca Park and substituting the following:

295 OMINECA PARK

All those parcels or tracts of Crown land,

together with all that foreshore or land covered by water, situated in Cassiar

District and contained within the described boundaries as shown on the Official

Plan deposited in the Crown Land Registry as Plan 9 Tube 1911; except

(1) Placer

Claim "Bill 11" 268588; (2) "Old Hogem" Indian Reserve Lot 1392; (3) a 30 metre

right of way centred on Ministry of Forests' Thutade Forest Service Road 9147.01;

(4) a 30 metre right of way centred on the non-status road accessing the Nina

Lake area; and (5) a 30 metre road right of way centred on the existing road

access to "Old Hogem" Indian Reserve Lot 1392.

The whole park containing approximately

132 337 hectares. , and

(

e) in

Schedule D by repealing the descriptions of Pine Le Moray Park and Tunkwa Park and substituting the following:

67 PINE LE MORAY PARK

All those parcels or tracts of Crown land,

together with all that foreshore or land covered by water, situated in Peace

River District and Cariboo District and contained within the following described

boundaries:

Firstly: the described boundaries as shown

on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1847;

except (1) the right of way of the British Columbia Railway, District Lot 13049,

Cariboo District, shown on the Official Plan deposited in the Crown Land Registry

as 6RY307; (2) the right of way of the British Columbia Railway, District Lot

4081, Peace River District shown on the preliminary plan prepared by Tom J.

Tryon, BCLS, the survey completed October 26, 2000, a copy of which is on file

with Crown Land Registry as 5RY307; (3) the right of way of the British Columbia

Railway, District Lot 4082, Peace River District shown on the preliminary plan

prepared by Tom J. Tryon, BCLS, the survey completed October 20, 2000, a copy

of which is on file with Crown Land Registry as 4RY307; and (4) a 50 metre strip

of land southerly and easterly of the pipeline right of way shown on the Official

Plans deposited in the Crown Land Registry as Plan 1 Tube 508 and Plan 2 Tube

Secondly: the described boundaries as shown

on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 1870;

except

(1) Ministry of Transportation's Gravel Reserve 0239965; and (2) the

right of way of the British Columbia Railway, District Lot 13049, Cariboo District,

shown on the Official Plan deposited in the Crown Land Registry as 6RY307.

The whole park containing approximately

43 245 hectares.

90 TUNKWA PARK

All those parcels or tracts of Crown land,

together with all that foreshore or land covered by water, situated in Kamloops

Division, Yale District and contained within the described boundaries as shown

on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 1878;

except

(1) Block A, LS13,

Section 9, Township 19, Range 21, W6M;

(2) Block A,

LS1,

Section 17, Township 19, Range 21, W6M;

(3) Blocks C, D, E, F, G, H, I,

J, K, M, N, O, P, Q, R, S, T and W of

Section 9, Township 19, Range 21, W6M;

(4) Blocks A, B, C, D, E and F of

Section 15, Township 19, Range 21, W6M;

(5) Blocks G and H of Sections 15 and 16, Township 19, Range 21, W6M;

(6) Blocks

I, J and L of

Section 16, Township 19, Range 21, W6M; (7) a 30 metre right of

way centred on Ministry of Forests' Road 4100; (8) a 30 metre right of way centred

on Ministry of Forests' Road 4240; (9) pipeline right of way as shown on the

Official Plans deposited in the Crown Land Registry as Plan 8 Tube 883 and Plan

5 Tube 473, and in Land and Water British Columbia Inc.'s Files as RW 024649

and RW 0208767; and (10) an additional right of way of 15 metres wide adjoining

the easterly side of RW 0274649 shown on Plan 8 Tube 883 deposited in the Crown

Land Registry.

The whole park containing approximately 5 138 hectares.

Weather Modification Act

22 The Weather Modification Act, R.S.B.C. 1996, c. 486, is repealed.

West Coast National Park Act

23 The West Coast National Park Act, S.B.C. 1969, c. 41, is repealed.

Wildlife Act

Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is

amended in the definition of "wildlife" by striking out "for

the purposes of sections 3 to 5, 7, 8 and 108 (2) (v)" and substituting

"for the purposes of sections 3 to 5, 7, 8, 84 (6.1) to (6.4), 97.1

to 98.1 and 108 (2) (v)" .

Section 11 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A person who hunts wildlife commits an offence unless the person holds all of the following:

(

a) a hunting licence issued to the person under this Act;

(

b) any limited entry hunting authorization that is required by regulation;

(

c) any other licence that is required by regulation;

(

d) any other permit that is required by regulation.

(1.1) Subsection (1) does not apply to a person under

14 years of age on whose behalf the parent or guardian holds a hunting licence

issued in accordance with

section 17 (5). ,

(

b) by repealing subsections (3), (4) and (6), and

(

c) in subsection (9) by striking out "Subsections (1) (a) (i),

(iii) and (iv)" and substituting "Subsections (1) (

a) and (c)" .

Section 17 is amended

(

a) in subsections (3) and (8) by striking out "or firearm licence" ,

and

(

b) by repealing subsection (6) and substituting the following:

(6) A person who has reached 19 years of age commits an offence if, without holding a hunting licence or being exempt from holding a hunting licence, the person accompanies another person who is carrying a firearm and is under 19 years of age.

Section 18 (

a) is amended by striking out "or firearm

licence" .

Section 23 is repealed.

Section 24 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) After providing an opportunity for the person to be heard, the director may, for any cause considered sufficient by the director, do any of the following:

(

a) prohibit, for a period within prescribed limits, the person from hunting, angling or carrying a firearm;

(

b) cancel or suspend, for a period within prescribed

limits, any limited entry hunting authorization or licence that is issued to

the person under this Act or the regulations. ,

(

b) in subsection (6) by adding "or" at the end of paragraph

(

b) and by repealing paragraph (c),

(

c) by repealing subsection (7) and substituting the following:

(7) A person who does any of the following commits an offence:

(

a) while ineligible to obtain a licence or limited entry hunting authorization, the person applies for or obtains a licence or limited entry hunting authorization;

(

b) the person hunts while ineligible to obtain a hunting licence;

(

c) the person angles while ineligible to obtain an angling

licence. ,

(

d) by repealing subsection (9),

(

e) in subsections (11) and (13) by striking out "subsection

(8), (9) or (10)" and by substituting "subsection (8) or (10)" ,

and

(

f) in subsection (14) by striking out "subsection (12) or (13),"

and substituting "subsection (2), (12) or (13)," .

Section 84 is amended by adding the following subsections:

(6.1) In subsections (6.2) to (6.4), "wildlife" includes a part of wildlife.

(6.2) If a thing, other than wildlife, has been seized in relation to an offence under this Act, the Firearm Act or their regulations, the court may

(

a) order the thing forfeited to the government, if the court is satisfied that the thing was used in the commission of the offence or possessed in contravention of this Act, the Firearm Act or their regulations, or

(

b) deal with the thing in accordance with

section 24.2 (4) of the Offence Act and for this purpose

section 24.2 (2) and (3) of the Offence Act do not apply.

(6.3) If a person is convicted of an offence under this Act, the Firearm Act or their regulations, the court must order returned to the government any wildlife seized in relation to that offence that has not already been disposed of under

section 97.2, 97.3 or 97.6 if the wildlife was

(

a) obtained by or used in the commission of that offence,

(

b) possessed in contravention of this Act, the Firearm Act or their regulations.

(6.4) Wildlife returned to the government under subsection (6.3) is to be disposed of as the minister directs.

Section 84.1 is amended by adding the following subsection:

(4) A person who contravenes an order under this

section or

section 84.2 commits an offence and is liable to the penalties provided for the offence in relation to which the order was made.

Section 88 is amended

(

a) in subsections (1) and (2) by striking out "and firearm

licence" ,

(

b) by repealing subsection (3) and substituting the following:

(3) On a request being made under subsection (1),

(

a) the hunting licence of the person is suspended and the person must not hunt or carry a firearm, and

(

b) the person must immediately surrender to the conservation

officer or constable all firearms in the person's possession and the person's

hunting licence. ,

(

c) in subsection (4) by striking out "and the licences surrendered"

and substituting "and the licence surrendered" ,

(

d) in subsection (6) by striking out "and licences" and

substituting "and licence" ,

(

e) in subsection (7) by striking out "or firearm licence" ,

and

(

f) in subsection (8) by striking out "If a person who has been

requested to surrender his or her licences under this

section does not hold

a hunting licence or firearm licence issued under this Act," and substituting

"If a person who has been requested to surrender his or her licence

under this

section does not hold a hunting licence issued under this Act," .

Section 94 is amended by renumbering the

section as

section

94 (1) and by adding the following subsections:

(2) A conservation officer may seize wildlife or fish, or parts of either wildlife or fish, in a person's possession if the conservation officer believes on reasonable grounds that the right of property in that wildlife is with the government or remains in the government.

(3) Sections 23 to 24.2 of the Offence Act do not apply in respect of wildlife or fish, or parts of either wildlife or fish, seized under this Act.

34 The following sections are added:

Definitions

97.1 In sections 97.2 to 98.1:

"responsible official" has the same meaning as

section 24 (1) of the Offence Act ;

"wildlife" includes a part of wildlife.

If live wildlife seized

97.2 Despite anything else in this Act, if live

wildlife is seized under this Act, a conservation officer may dispose of the

wildlife, or have the wildlife disposed of, by returning it to the natural environment

if the conservation officer believes on reasonable grounds that the live wildlife

is capable of surviving after release.

If perishable wildlife seized

97.3 Despite anything else in this Act, if wildlife

is seized under this Act and a conservation officer believes on reasonable grounds

that the wildlife may rot, spoil or otherwise perish, the conservation officer

may dispose of the wildlife, or have the wildlife disposed of, as the minister

directs.

Detention of seized wildlife

97.4

(1) Subject to sections 97.2 and 97.3, wildlife

seized under this Act may be detained by the responsible official for no longer

than 12 months from the day of seizure unless

(

a) a trial, inquiry or hearing under this Act is instituted

before the end of that period and the wildlife may be required in that trial,

inquiry or hearing,

(

b) an order authorizing the continued detention is made on application under subsection (2), or

(

c) section 97.6 applies.

(2) On application by the responsible official on at

least 3 days' notice to the person from whom the wildlife was seized, a Provincial

Court judge may order the continued detention of the wildlife for a specified

period, subject to any conditions the judge considers appropriate, if satisfied

that

(

a) the continued detention might reasonably be required

for the purpose of an investigation, trial, inquiry or hearing under this Act,

and

(

b) it is in the interests of justice to make the order.

(3) If an application under subsection (2) has been made but is not yet decided, the period authorized for detention of the wildlife extends until the application is decided.

(4) A person aggrieved by an order under this

section may appeal the order to the Supreme Court and, for the purposes of the appeal, sections 103 to 114 of the Offence Act apply.

Access to wildlife seized and detained as evidence

97.5

(1) On at least 3 days' notice to the minister,

a person may apply to a Provincial Court judge for an order under subsection

(2) that the person be permitted to examine wildlife detained under

section

97.4.

(2) The judge may make an order that the applicant or a representative of the applicant be permitted to examine the wildlife, but must make the order on terms that the judge considers necessary or desirable to ensure that the wildlife is safeguarded and preserved for any purpose for which it may subsequently be required.

Disposition of wildlife seized and detained as evidence

97.6

(1) This

section applies in respect of wildlife

detained under

section 97.4 if a responsible official determines that the wildlife

is not required for law enforcement purposes and gives notice of that determination

to the person from whom the wildlife was seized.

(2) The person from whom the wildlife was seized may make an application to a justice on at least 3 days' notice to the minister.

(3) An application under subsection (2) must be made within 30 days from the date that the person receives notice referred to in subsection (1).

(4) On the hearing of an application under subsection (2), the justice must order that the wildlife be returned

(

a) to the person from whom it was seized, if satisfied

that the person is lawfully entitled to the wildlife,

(

b) to another person, if

(

i) satisfied that the person from whom the wildlife was seized is not lawfully entitled to the wildlife but that the other person is, and

(ii) this other person is known, or

(

c) if neither paragraph (

a) nor (

b) apply, to the government to be disposed of as the minister directs.

(5) A person aggrieved by an order under this

section

may appeal the order to the Supreme Court and, for the purposes of the appeal,

sections 103 to 114 of the Offence Act apply.

(6) Despite anything in this section, wildlife must not be returned or disposed of under this

section until the later of the following:

(a) 30 days after an order under subsection (4);

(

b) if the order under subsection (4) is appealed, 30

days after the decision on the appeal has been given.

(7) If

(

a) a person does not make an application within the time limit under subsection (2), or

(

b) wildlife is ordered returned to a person under subsection

(4) (

a) or (

b) and the person does not, within 60 days of that order, take possession

of that wildlife,

the wildlife is returned to the government or forfeited to the government, as the case may be, to be disposed of as the minister directs.

Section 98 is repealed and the following substituted:

Disposition of other property seized

98 If property, other than wildlife, that is seized

in relation to an offence under this Act, the Firearm Act or their regulations

is ordered returned to a person under

section 24.2 (4) (

a) or (

b) of the Offence

Act and the person does not, within 6 months after receiving notice from

the responsible official of that order, remove the property from the place specified

in the notice, the property is forfeited to the government, to be disposed of

as the minister directs.

Detention of other property seized until fine paid

98.1

(1) This

section applies if

(

a) a person is convicted of an offence under this Act, the Firearm Act or their regulations,

(

b) property, other than wildlife, is ordered returned

to that person under

section 24.2 (4) (

a) or (

b) of the Offence Act ,

and

(

c) a fine is imposed on the person by the court.

(2) Despite the order under

section 24.2 (4) (

a) or (

b) of the Offence Act , the responsible official must deliver the

property referred to in subsection (1) (

b) of this

section to the minister and

the minister may detain the property until the fine is paid.

(3) If the fine is not paid within the time for payment set by the court, the property is forfeited to the government, to be disposed of as the minister directs.

(4) Proceeds of a disposition under subsection (3) must

be applied towards payment of the fine referred to in subsection (1) (c).

36 The following

section is added:

Notice requirements

107.1 Notice required by

section 97.4 (2), 97.6

(1) or 98 may be given in accordance with

section 101 (3).

Repeal of the Commercial River Rafting Safety Act

(1) The Commercial River Rafting Safety

Act , R.S.B.C. 1996, c. 45, is repealed by regulation of the Lieutenant Governor

in Council.

(2) A regulation made under subsection (1) may be made retroactive to a date on or after April 1, 2003 and if made retroactive is deemed to have come into force on the date specified in the regulation.

Commencement

(1) Section 3 comes into force on the repeal

section 6 of the Commercial River Rafting Safety Act .

(2) Sections 14 (

b) and (

c) and 15 come into force on June 16, 2003.

(3) Section 21 (a), (

b) and (

d) comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Capital Region Water Supply and Sooke Hills Protection Act

SECTION 1: [Capital Region Water Supply and Sooke Hills Protection Act,

amends

section 5] is consequential to the repeal of the Park (Regional)

Act .

Drainage and Dyking Adjustment and Repeal Act, 1965

and various Dyking Assessments Adjustment Acts

SECTION 2: [Drainage and Dyking Adjustment and Repeal Act, 1965 and various

Dyking Assessments Adjustment Acts, repeals Acts] is self explanatory.

Drinking Water Protection Act

SECTION 3: [Drinking Water Protection Act, repeals

section 50]

is consequential to the repeal of

section 6 of the Commercial River Rafting

Safety Act .

Environment Management Act

SECTION 4: [Environment Management Act, amends the Schedule]

is consequential to

section 4 (3) of the Park Act , as enacted by this

Bill.

Land Title Act

SECTION 5: [Land Title Act, repeals

section 274 (a)] is consequential

to the repeal of the Dyking Assessments Adjustment Act, 1905 .

Local Government Act

SECTION 6: [Local Government Act, amends

section 188]

removes an unnecessary cross reference to

Part 24;

provides that proceeds of disposition of regional parks must be placed

in a special fund.

SECTION 7: [Local Government Act, adds

section 797.1 (6)] provides

that bylaws passed regarding park use are deemed passed by regional districts

in which park is located.

SECTION 8: [Local Government Act, enacts

section 799.1] provides

that title and rights to regional parks and trails continue to be held by regional

districts.

SECTION 9: [Local Government Act, amends

section 800.1 (2) (g)]

is self explanatory.

SECTION 10: [Local Government Act, adds

section 941 (15)] continues

reserve funds under the Park (Regional) Act .

SECTION 11: [Local Government Act, enacts

section 941.1]

permits regional districts to sell or exchange regional parks and trails;

provides that proceeds of disposition must be placed in a special fund;

provides that counter petition opportunities must be provided before the

adoption of bylaws authorizing sale or transfer.

Mineral Tenure Act

SECTION 12: [Mineral Tenure Act, amends

section 14 (5) (b)] is

consequential to the repeal of the Park (Regional) Act .

Ombudsman Act

SECTION 13: [Ombudsman Act, amends the Schedule] is consequential

to the repeal of the Park (Regional) Act .

Park Act

SECTION 14: [Park Act, amends

section 1]

(

a) repeals the definition of "department",

(

b) amends the definition of "park officer" consequential to the re-enactment of

section 4 of the Act by this Bill,

(

c) defines "park ranger", and

(

d) defines "permit".

SECTION 15: [Park Act, re-enacts

section 4] provides for the

appointment of directors, other officers and employees and park rangers.

SECTION 16: [Park Act, amends

section 18] removes a reference

to "department".

SECTION 17: [Park Act, re-enacts sections 20 and 21]

provides, under the proposed

section 20, a process for the application

for and issue of permits under the Act and modifies the advertisement requirements;

references, in the proposed

section 21, the application process under the

proposed

section 20.

SECTION 18: [Park Act, adds

section 28 (5) and (6)] provides

a 2 year time limit for laying an information for an offence under the Act or

the regulations.

SECTION 19: [Park Act, re-enacts

section 29] authorizes the Lieutenant

Governor in Council to make specified regulations.

Park (Regional) Act

SECTION 20: [Park (Regional) Act, repeals the Act] is self explanatory.

Protected Areas of British Columbia Act

SECTION 21: [Protected Areas of British Columbia Act, amends Schedules

A, B, C and D]

(

a) replaces a description of Satellite Channel Ecological Reserve and moves it to

Schedule A,

(

b) repeals the description of Satellite Channel Ecological

Reserve from

Schedule B,

(

c) repeals and replaces the following descriptions in

Schedule C:

Inkaneep Park – amends the description to remove lands from the park

for a bridge realignment;

Rubyrock Lake Park – excepts existing access roads to an Indian Reserve;

Spatsizi Wilderness Plateau Park – corrects an error in the legal description

by excepting mineral claims,

(

d) repeals and replaces the description of Omineca Park in

Schedule C, adding land to the park and correcting errors in the description by excepting lands for approved forest roads, and

(

e) repeals and replaces the following descriptions in

Schedule D:

Pine Le Moray Park – amends the description to except an existing railroad

right of way and to except a future pipeline right of way;

Tunkwa Park – revises the description to except an existing and a future

pipeline right of way.

Weather Modification Act

SECTION 22: [Weather Modification Act, repeals the Act] is self

explanatory.

West Coast National Park Act

SECTION 23: [West Coast National Park Act, repeals the Act] is

self explanatory.

Wildlife Act

SECTION 24: [Wildlife Act, amends

section 1 (1)] adds to the

definition of "wildlife" references to sections of the Wildlife Act enacted

by this Bill.

SECTION 25: [Wildlife Act, amends

section 11] removes firearm

licensing requirements and related firearm licensing provisions.

SECTION 26: [Wildlife Act, amends

section 17] is consequential

to amendments to

section 11 of the Act made by this Bill.

SECTION 27: [Wildlife Act, amends

section 18 (a)] is consequential

to amendments to

section 11 of the Act made by this Bill.

SECTION 28: [Wildlife Act, repeals

section 23] is self-explanatory.

SECTION 29: [Wildlife Act, amends

section 24]

empowers the director to impose hunting, angling and firearm prohibitions,

in addition to suspending or cancelling licences, for any cause considered

sufficient by the director;

removes references to firearm licences;

makes it an offence for a person who is subject to a hunting, angling or

firearm prohibition under the new

section 24 (2) to not comply with the prohibition

or to apply for a licence to hunt or angle.

SECTION 30: [Wildlife Act, amends

section 84]

enables the court to order, on conviction for an offence under the Act

or the Firearm Act or their regulations, forfeiture of things seized

in relation to the offence, and

on that conviction, requires the court to order returned to the government

wildlife that was obtained by or used in the commission of the offence or

possessed in contravention of the Act, the Firearm Act or their regulations.

SECTION 31: [Wildlife Act, adds

section 84.1 (4)] makes contravention

of sentencing orders an offence.

SECTION 32: [Wildlife Act, amends

section 88] removes references

to firearm licences.

SECTION 33: [Wildlife Act, amends

section 94]

provides seizure powers to conservation officers in respect of wildlife

or fish, or parts of either, in specified circumstances, and

provides that specified sections of the Offence Act do not apply

in respect of any wildlife or fish, or parts of either, that may be seized

under the Wildlife Act .

SECTION 34: [Wildlife Act, enacts sections 97.1 to 97.6]

defines terms for the newly enacted sections;

provides for return of live wildlife to the natural environment on seizure

under the Act;

authorizes disposal of seized wildlife in specified circumstances;

provides for the detention of seized wildlife;

provides access to detained wildlife;

enables a person from whom wildlife is seized and then detained under

section

97.4 to apply for return of that wildlife if a responsible official gives

notice that the wildlife is not required for law enforcement purposes, and

provides for return or forfeiture of the wildlife to government in specified

circumstances.

SECTION 35: [Wildlife Act, re-enacts

section 98 and enacts

section 98.1]

provides for forfeiture of property, other than wildlife, seized in relation

to an offence under the Act, the Firearm Act or their regulations in

specified circumstances;

provides for detention of property, other than wildlife, seized from a

person convicted of an offence under the Act, the Firearm Act or their

regulations until fines imposed by the court are paid and, if not paid within

the time period specified by the court, provides for forfeiture of that property.

SECTION 36: [Wildlife Act, enacts

section 107.1] provides a means

of satisfying notice requirements under specified newly enacted provisions.

SECTION 37: [Repeal of the Commercial River Rafting Safety Act]

is self explanatory.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada