British Columbia Order in Council — Amendment to Permit Regulation (O.C. 42/2021)

O.C. 42/2021

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Permit Regulation, B.C. Reg. 253/2000, is amended as set out in the attached Schedule. Minister of Forests, Lands, Natural Resource Operations and Rural Development Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Wildlife Act, R.S.B.C. 1996, c. 488, s. 108 Other: OIC 994/2000 R10473261 January 28, 2021

SCHEDULE

Section 3 (1) (

c) of the Permit Regulation, B.C. Reg. 253/2000, is repealed. 2 The following

section is added: Permit for use of conveyance 3.1

(1) Subject to subsections (2) to (4), a regional manager may issue a permit in accordance with this regulation on the terms and for the period the regional manager specifies authorizing a person to undertake one or more of the following activities prohibited by

section of the Act: (

a) discharging a firearm or wounding or killing wildlife from a motor vehicle or from a boat that is propelled by a motor; (

b) hunting wildlife from an aircraft; (

c) using a helicopter to transport hunters or game, or while on a hunting expedition; (

d) herding or harassing wildlife with the use of a motor vehicle, aircraft, boat or other mechanical device.

(2) A regional manager may not issue a permit under subsection (1) (

a) unless (

a) the activity to be undertaken under the permit is for one of the following purposes: (

i) a scientific purpose; (ii) an educational purpose; (iii) to destroy wildlife that is dangerous to public safety; (iv) to destroy wildlife that is so badly injured that prolonging the animal’s life would result in the animal suffering unduly; (

v) to address a matter of animal health among wildlife populations; (vi) to control wildlife populations; (vii) to accommodate hunting by a person with a physical disability, or (

b) the regional manager considers that issuing the permit is necessary for the proper management of a wildlife resource.

(3) A regional manager may not issue a permit under subsection (1) (

b) or (

d) unless (

a) the regional manager is satisfied that the person who will be undertaking the activity under the permit has sufficient skill to undertake that activity, and (

b) one the following applies: (

i) the activity to be undertaken under the permit is for a purpose referred to in any of subsection (2) (a) (

i) to (vi); (ii) the regional manager considers that issuing the permit is necessary for the proper management of a wildlife resource.

(4) A regional manager may not issue a permit under subsection (1) (

c) unless (

a) the activity to be undertaken under the permit is for a purpose referred to in any of subsection (2) (

i) to (vi), (

b) the regional manager considers that exigent circumstances exist and use of the helicopter will assist in (

i) addressing a risk to the life or health of a person, or (ii) retrieving property, including game that has been taken or killed, or (

c) the regional manager considers that issuing the permit is necessary for the proper management of a wildlife resource.

(5) Subject to subsection (6), a person who undertakes an activity in accordance with a permit issued under subsection (1) is exempt from the following: (a)

section 35 (2) of the Act; (b)

section 18 (1) (

q) of the Hunting Regulation, B.C. Reg. 190/84.

(6) The exemption under subsection (5) does not apply to a permit issued under subsection (1) (

a) for the purpose referred to in subsection (2) (a) (vii). 3

Section is amended by striking out “3 (1) (a), (

c) or (d)” and substituting “3 (1) (

a) or (

d) or 3.1”. 4

Section is amended (

a) in subsection (1) by striking out “section 2, 3 or 4” and substituting “section 2, 3, 3.1 or 4”, and (

b) in subsection (3) by striking out “section 2 (a), (f), (h), (j), (l), (m), (

r) or (z),

section 3 (1) (a), (c), (d), (

f) or (

g) or (2)” and substituting “section 2 (a), (f), (h), (j), (l), (m), (

r) or (z), 3 (1) (a), (d), (

f) or (

g) or (2) or 3.1”. 5

Section is amended (

a) in subsection (4) (

d) by striking out “section 3 (1) (c) (

i) or (2)” and substituting “section 3 (2) or 3.1 (1) (a)” , and (

b) in subsection (5) by striking out “section 2, 3 or 4” and substituting “section 2, 3, 3.1 or 4” . 6 The table in

Schedule is amended (

a) by deleting the following row: , and (

b) by adding the following row: Column 1Permit (section number) Column 2Wildlife, Purpose, or MethodColumn 3Fee $ Column 4Surcharge $ 3 (1) (c) 50 Column 1Permit (section number) Column 2Wildlife, Purpose, or MethodColumn 3Fee $ Column 4Surcharge $ 3.1 (1) 50 5

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 42/2021
Type	order_in_council
Volume / chapter	arc oic 0042 2021
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6035aebac4db3c386d184e105acbb251d7b2bcc7

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