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Volume 62, No. 8

85/2019

The British Columbia Gazette,

Part II

April 23, 2019

B.C. Reg. 85/2019 , deposited April 15, 2019, under the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2016 [section 50] and the WILDLIFE ACT [section 108]. Order in Council 200/2019, approved and ordered April 15, 2019.

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

(

a) the following provisions of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016 , S.B.C. 2016, c. 11, are brought into force:

(

i) sections 43, 47 and 48;

(ii)

section 49, as it enacts

section 108 (2) (r.1) of the Wildlife Act , R.S.B.C. 1996, c. 488,

(

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

Schedule 1, and

(

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

Schedule 2.

— D. DONALDSON, Minister of Forests, Lands, Natural Resource Operations and Rural Development ; K. CONROY, Presiding Member of the Executive Council .

Schedule 1

Section 11.3 (3) of the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is repealed.

2 The following

section is added:

Requirement to report

13.1 Without limiting

section 13 (1) (b), an angling guide who is authorized under the Act to guide for fish in a classified water must submit a report described in that

section to the regional manager within 30 days after receiving a notice from the regional manager requesting the report.

Section 19 (

e) is repealed and the following substituted:

(

e) to contravene

section 13.1, .

Schedule 2

1 The Wildlife Act General Regulation, B.C. Reg. 340/82, is amended

(

a) by renumbering

section 20.04 as

section 21.01,

(

b) by renumbering

section 20.05 as

section 21.02, and

(

c) by renumbering

section 20.06 as

section 21.03.

Section 21.03 (1) (

b) is amended by striking out "

section 20.04 (1) " and substituting "

section 21.01 (1) ".

3 The following Division is added:

Division 22 – Notice

Application

22.01

(1) This Division applies in relation to notice under the following provisions of the Act:

(a)

section 61 (2) [action if conditions of licence, certificate or registration not fulfilled] ;

(b)

section 85 (1) (b) [failure to pay fine] ;

(

c) section 97.4 (2) [detention of seized wildlife] ;

(

d) section 97.6 (1) [disposition of wildlife seized and detained as evidence] ;

(

e) section 97.71 (1) [disposition of seized controlled alien species] ;

(

f) section 97.73 (1) (b) [costs and proceeds of disposition of controlled alien species] ;

(

g) section 98 [disposition of other property seized] ;

(h)

section 101 (2) [reasons for and notice of decisions] .

(2) This Division applies in relation to notice under the following provisions of the Angling and Scientific Collection Regulation:

(

a) section 11.3 (2) [hearing] ;

(

b) section 13.1 [requirement to report] .

(3) This Division applies in relation to notice under the following provisions of the Guiding Territory Certificate Regulation:

(a)

section 8 (1) (

a) or (3) (b) [actions of regional manager if notice of change to control] ;

(b)

section 9 (1) (a) [actions of regional manager if belief of change to control] .

How to give notice

22.02 A notice to which this Division applies must be given to a person in one of the following methods:

(

a) by leaving a copy with the person;

(

b) by sending a copy by ordinary mail or registered mail to the last known address of the person or, if the person carries on a business, to the address at which the person carries on business;

(

c) by leaving a copy in a mailbox or mail slot for the last known address of the person or, if the person carries on a business, for the address at which the person carries on business;

(

d) by attaching a copy to a door or other conspicuous place at the last known address of the person or, if the person carries on a business, at the address at which the person carries on business;

(

e) by fax to a number, or by email to an email address, provided by the person;

(

f) by sending a copy to an online account held by the person on a website that

(

i) is maintained by or on behalf of the minister, and

(ii) immediately sends an email notification to an email address provided by that person.

When notice must be considered received

22.03 A notice given in accordance with

section 22.02 is deemed to be received as follows:

(

a) if given by sending a copy by ordinary mail or registered mail, the 14th day after it is mailed;

(

b) if given by leaving a copy in a mailbox or mail slot, the 3rd day after it is left;

(

c) if given by attaching a copy to a door or other conspicuous place, the 3rd day after it is attached;

(

d) if faxed or emailed, the 3rd day after it is sent;

(

e) if given by sending a copy to an online account on a website that also sends an email notification, the 3rd day after it is sent to the account.

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