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2006 Legislative Session: 2nd Session, 38th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 26th day of April, 2006

Ian D. Izard, Q.C., Law Clerk

HONOURABLE OLGA ILICH

MINISTER OF TOURISM, SPORT

AND THE ARTS

BILL 24 – 2006

RESORT TIMBER ADMINISTRATION ACT

Contents

Section

Definitions

Minister may delegate powers and duties

Minister's responsibilities under specified enactments

Power to make regulations

5-6

Consequential Amendments

Commencement

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

Definitions

1 In this Act:

"all seasons resort" means a resort business operated or intended to be operated for the purpose of providing

(

a) single-seasonal or multi-seasonal recreational activities, and

(

b) facilities for or related to those recreational activities,

and includes a resort operated principally to provide alpine skiing and snowboarding to customers by fixed lifts, in return for user fees;

"controlled recreation area" means an area designated by regulation under

section 4;

"forests and range ministry statutes" means the Forest Act and the Forest and Range Practices Act and includes the regulations under the Forest Act and the regulations under the Forest and Range Practices Act ;

"specified enactment" means a provision of the forests and range ministry statutes, pertaining to the forest resources of the Crown, that is designated by regulation under

section 4;

"tourism minister" means the minister responsible for the Tourism Act and includes a delegate, under

section 2, of the tourism minister.

Minister may delegate powers and duties

(1) The tourism minister, by conditional or unconditional written authority, may delegate the tourism minister's powers and duties under this Act to an employee in the ministry of the tourism minister.

(2) A delegation under this

section may be made by reference to the delegate's name or title.

Minister's responsibilities under specified enactments

(1) In relation to a controlled recreation area or an all seasons resort in a controlled recreation area, the tourism minister, instead of any official referred to in a specified enactment,

(

a) has all the powers pertaining to a discretion, function or duty referred to in the specified enactment, and

(

b) is charged with all the responsibilities pertaining to that discretion, function or duty.

(2) Each of the tourism minister's powers, discretions, functions and duties under a specified enactment applies only in controlled recreation areas.

(3) The exercise of the powers conferred on the tourism minister by this section, the carrying out of each discretion, function and duty under a specified enactment and the responsibilities with which the tourism minister is charged under this

section remain subject in all respects to whichever of the forests and range ministry statutes contains the specified enactment.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(

a) designating Crown land as a controlled recreation area, cancelling such a designation or amending the boundaries of a controlled recreation area, and

(

b) subject to subsection (3), designating any provision of the forests and range ministry statutes as a specified enactment for the purposes of this Act.

(3) The Lieutenant Governor in Council may not make a designation under subsection (2) (

b) unless satisfied that

(

a) the exercise of a power or discretion, or

(

b) the carrying out of a function or duty

under the provision proposed for designation is necessary or desirable in relation to the planning, development, construction, operation or maintenance of an all seasons resort in a controlled recreation area.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may make different regulations for different circumstances, persons, places, things or transactions.

Consequential Amendments

Forest Act

Section 47.6 (2) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(

a) in paragraph (

b) by striking out " conditions, or " and substituting " conditions, ",

(

b) by repealing paragraph (

c) and substituting the following:

(

c) if authorized to do so under another provision of this Act, or , and

(

c) by adding the following paragraph:

(

d) to authorize the harvesting of timber for prescribed purposes or in prescribed circumstances.

Section 151 (2) is amended by adding the following paragraph:

(

z) the maximum volume of timber that may be specified in a forestry licence to cut entered into under

section 47.6 (2) (d).

Commencement

7 This Act comes into force on the date of Royal Assent.

Copyright (c) 2007: Queen’s Printer, Victoria, British Columbia, Canada