3/2015

O.C. 18/2015

January 19, 2015

Animal Health Act

Bee Regulation

Definitions

Definitions

In this regulation:

Act means the Animal Health Act ;

apiary means a place where bees, hives or used beehive equipment are regularly kept;

association means an association that

represents 2 or more beekeepers, and

is recognized by the chief veterinarian, in writing, as an association that may transport or possess bees in British Columbia that originated from outside Canada for the purpose of having the bees brought to a registered apiary;

bee means the insect Apis mellifera ;

bee district means an area of British Columbia described in the Schedule;

beekeeper means a person who is registered to engage in beekeeping;

beekeeping means one or more of the regulated activities prescribed under

section 2 (1) [beekeeping is regulated activity that must be registered] ;

beekeeping equipment means

used beehive equipment, and

any equipment, clothing or device used

in handling bees, or

in connection with beekeeping;

cappings means the covering and adhering honey over comb cells, pollen or brood that is removed before a honey extracting process;

colony means a queen, brood and accompanying adult bees;

comb means a structure of cells composed of beeswax;

disease means

a reportable disease prescribed under

section 1 of Appendix 1 of the Reportable and Notifiable Disease Regulation, B.C. Reg. 7/2015, or

a notifiable disease prescribed under

section 1 of Appendix 2 of the Reportable and Notifiable Disease Regulation;

hive means a hive, whether natural or artificial and whether inhabited by bees or not;

used beehive equipment means

a hive, or part of a hive, that contains or has contained bees, and

a comb that has, or has had, any honey, brood or pollen in the comb.

Registration

Beekeeping is regulated activity that must be registered

The following are prescribed as regulated activities for the purposes of the Act:

the keeping of an apiary;

the ownership, transport or possession of bees or used beehive equipment.

A person must not engage in beekeeping unless

the person

is registered as a beekeeper under

section 12 of the Act, and

engages in beekeeping only in relation to an apiary that is registered under the Act to the person, or

the person is

an employee, within the meaning of

section 10 of the Act, of a beekeeper, or

an association acting in accordance with a permit referred to in

section 6 (1) [imported bees or equipment] .

A person must not permit beekeeping on land the person owns or controls except

by a person described in subsection (2) (a) (

i) or (b) (i), and

in relation to an apiary that the person reasonably believes to be registered under the Act.

Registration

Both of the following must be registered together on an application for registration, including an application to renew a registration, made under

section 12 (1) of the Act:

the person who will engage in beekeeping;

each apiary in relation to which the person will engage in beekeeping.

A beekeeper must promptly notify the chief veterinarian, in writing, of any change to the contact information of the beekeeper as listed on the application for registration.

If the chief veterinarian grants a registration,

the chief veterinarian must issue to the beekeeper

a producer number identifying the beekeeper, and

a unique number identifying each apiary registered to the beekeeper, and

the term of the registration begins on the date the chief veterinarian issues the beekeeper's producer number.

A beekeeper may register additional apiaries during the term of a registration by submitting an application for registration of the additional apiaries under the beekeeper's producer number.

The registration of a beekeeper and all apiaries registered during the term of the registration expires

2 years after the date that the term of the registration begins, unless renewed before that date, or

on an earlier date, if any, set by the chief veterinarian on issuing the beekeeper's producer number.

Cancellation of registration

Without limiting

section 14 (2) of the Act, the chief veterinarian may cancel the registration of a beekeeper and all apiaries registered to the beekeeper if the chief veterinarian

receives written notice from the beekeeper that

the beekeeper is no longer engaged in beekeeping, and

apiaries registered to the beekeeper are no longer being used by the beekeeper to keep bees and are free of the beekeeper's used beehive equipment, or

determines

that the beekeeper is no longer engaged in beekeeping, and

that, in the last 18 months, apiaries registered to the beekeeper have not been used to keep bees.

Without limiting

section 14 (2) of the Act, the chief veterinarian may cancel the registration of a beekeeper's apiary if the chief veterinarian

receives written notice from the beekeeper that the apiary

is no longer being used by the beekeeper to keep bees, and

is free of the beekeeper's used beehive equipment, or

determines that, in the last 18 months, the apiary has not been used to keep bees.

The chief veterinarian may provide notice under

section 14 (3) (

a) of the Act of the intention to cancel a registration in the same manner as an order may be served under

section 3 (1) of the Enforcement Regulation, B.C. Reg. 4/2015, and

section 3 (2) to (4) of that regulation applies.

Beekeeping

Identity to be posted at apiary

A beekeeper must post all of the following at a conspicuous location at an apiary in relation to which the beekeeper engages in beekeeping:

the beekeeper's name;

the beekeeper's contact information;

the beekeeper's producer number.

Imported bees or equipment

A person must not transport or possess in British Columbia bees originating

from outside Canada except in accordance with an import permit issued, under the Health of Animals Act (Canada), to a beekeeper or an association in respect of the bees, or

from inside Canada but outside British Columbia except in accordance with a permit issued under

section 8 [permit to transport or possess] in respect of the bees.

A person must not transport or possess in British Columbia used beehive equipment originating from outside British Columbia unless

the person is acting in accordance with a permit issued under

section 8 in respect of the used beehive equipment, and

the used beehive equipment originated from a jurisdiction inside Canada.

Bees and used beehive equipment to which this

section applies must be transported immediately and directly on coming into British Columbia to a registered apiary, but, despite

section 2 (2) [beekeeping is regulated activity that must be registered] , need not be brought to the apiary that is registered to the person named on a permit described in this section.

Transport of bees or equipment in BC

A person must not transport bees or used beehive equipment between bee districts except as follows:

if transported from or into a quarantine zone, in accordance with all applicable quarantine zone orders issued under

section 27 of the Act;

if paragraph (

a) does not apply, in accordance with a permit issued under

section 8 [permit to transport or possess] .

Despite subsection (1) (b), a permit is not required for the transport of bees or used beehive equipment if

the destination of the bees or used beehive equipment is outside British Columbia, and

the transport of the bees or used beehive equipment through any bee district is transitory in nature.

Permit to transport or possess

If satisfied that bees and used beehive equipment are free of disease, the chief veterinarian may issue a permit authorizing bees or used beehive equipment to be

transported and possessed in British Columbia, if the bees or used beehive equipment originated in a jurisdiction outside British Columbia but inside Canada, or

transported between bee districts.

No fee is payable for the purpose of an application made under

section 11 (1) of the Act for a permit described in this section.

An application for a permit must include the following:

in the case of a permit described in subsection (1) (a),

written proof of an inspection made by or on behalf of the government of the jurisdiction from which the bees or used beehive equipment came, and

the results of the inspection;

in the case of a permit described in subsection (1) (b), if requested by the chief veterinarian,

written proof of an inspection made by an inspector, and

the results of the inspection.

The chief veterinarian may issue a permit only to a beekeeper.

A permit issued under this

section

is authority for the beekeeper or the beekeeper's employees to engage in the activities referred to in subsection (1), as stated on the permit, and

expires

30 days after the permit is issued by the chief veterinarian, or

on an earlier date, if any, set by the chief veterinarian on issuing the permit.

Without limiting

section 11 (2) (

d) or (

e) of the Act, the chief veterinarian may include one or more of the following as conditions of a permit issued for the purposes of subsection (1) (

b) of this section:

requirements respecting the sampling, and the performance of analyses and tests, of bees and used beehive equipment;

the dates on which the transport of bees or used beehive equipment may take place;

the registered apiaries to which or at which the bees or used beehive equipment may be transported or possessed;

requirements respecting measures to be taken during transportation to prevent the escape of bees.

Sales of bees or equipment

A person must not transfer the person's interest in bees or used beehive equipment without first obtaining a permit under

section 11 (1) of the Act.

The chief veterinarian may issue a permit authorizing a person to transfer the person's interest in bees or used beehive equipment if satisfied that the bees or used beehive equipment are free of disease.

No fee is payable for the purpose of an application for a permit under this section.

A permit issued under this

section

is authority for the person named on the permit to transfer the person's interest in bees or used beehive equipment, and

expires

30 days after the permit is issued by the chief veterinarian, or

on an earlier date, if any, set by the chief veterinarian on issuing the permit.

A person who transfers the person's interest in bees or used beehive equipment to another person must keep records of the following:

the name and contact information of the person who received the bees or used beehive equipment;

the number of bee colonies, nucleus colonies and packages of bees transferred, or a description of the used beehive equipment, as applicable.

A person must ensure that all records that must be kept under this

section are kept

in the form and manner required by the chief veterinarian, and

for a period of at least 5 years.

Keeping bees

A beekeeper must ensure that bees in the beekeeper's apiary

are kept only in hives having removable frames or removable combs, and

do not have access to beekeeping equipment, honey or cappings, other than when bees are in a hive.

A person must not feed bees by leaving food exposed or by any other method that is reasonably likely to cause robbing behaviours.

Diseased bees or equipment

A person must not remove bees or beekeeping equipment from an apiary if any of the following circumstances apply:

a report is required to be made, but has not yet been made, under

section 20 of the Act in respect of bees in the apiary;

an order under any of the following sections has been made, but has not yet been complied with, in respect of bees or beekeeping equipment in the apiary, whether or not the bees or beekeeping equipment were the subject of the order:

section 31 of the Act;

section 40 or 41 (

g) of the Act, if the order is in respect of a requirement to take preventive measures.

A person must not salvage, or attempt to salvage, beeswax from used beehive equipment to which an order made under any of the following sections applies:

section 31 of the Act;

section 40 or 41 (

g) of the Act, if the order is in respect of a requirement to take preventive measures.

Subsections (1) and (2) do not apply if the person has permission from the chief veterinarian or, if applicable, from the inspector who made the order, to remove the bees or beekeeping equipment or to attempt to salvage the beeswax.

Certification

Prescribed certification program

The chief veterinarian may

devise or designate one or more training programs, and set an examination, with respect to beekeeping, and

issue a beemaster certificate to a person who successfully completes the training program and passes the examination.

The training program and examination referred to in subsection (1) are prescribed as a certification program for the purposes of

section 13 of the Act with respect to beekeeping.

Offences

Offences

A person who contravenes any of the following provisions commits an offence:

section 2 (2) [unlawful beekeeping] ;

section 2 (3) [permitting unlawful beekeeping] ;

section 5 [failure to post required information] ;

section 6 [unlawfully possessing imported bees or equipment] ;

section 7 [unlawfully transporting bees or equipment in BC] ;

section 9 (1) [unlawfully transferring bees or equipment] ;

section 9 (5) or (6) [failure to keep records as required] ;

section 10 (1) [failure to keep bees as required ];

section 10 (2) [unlawful feeding of bees] ;

section 11 (1) [removal of bees or equipment without permission] ;

section 11 (2) [salvage of beeswax without permission] .

Schedule

Bee Districts

Northwest Bee District

The Bulkley-Nechako/Kitimat-Stikine Bee District consists of the geographic area of British Columbia within the boundaries of the following, as those boundaries existed on January 1, 2014:

Regional District of Bulkley-Nechako;

Central Coast Regional District;

Regional District of Kitimat-Stikine;

Skeena-Queen Charlotte Regional District;

all the land in British Columbia that is not within the boundaries of a bee district described in sections 2 to 13 of this Schedule.

Cariboo Bee District

The Cariboo Bee District consists of the geographic area of British Columbia within the boundaries of the Cariboo Regional District, as those boundaries existed on January 1, 2014.

Central Kootenay Bee District

The Central Kootenay Bee District consists of the geographic area of British Columbia within the boundaries of the following, as those boundaries existed on January 1, 2014:

the Regional District of Central Kootenay, except that

part lying to the east of a line described as follows:

Commencing at a point on the easterly boundary of the Regional District of Central Kootenay that lies due East of the middle line of the middle fork at the headwaters of Hamill Creek; then due West to that middle line; then in a general westerly direction along the middle line of Hamill Creek to the middle line of Duncan River; then southerly along the middle lines of Duncan River and Kootenay Lake to the northerly boundary of Electoral Area C of that regional district; then westerly and southerly along the northerly and westerly boundaries of Electoral Area C to the southerly boundary of the Province of British Columbia;

Electoral Areas A and B of the Regional District of Kootenay Boundary;

that part of the Columbia-Shuswap Regional District lying to the south of a line described as:

Commencing at the summit of Mount Begbie, being a point on the southerly boundary of the Columbia-Shuswap Regional District; then northeasterly in a straight line to the summit of Virtue Mountain, being a point on the southerly boundary of Glacier National Park; then in a general easterly direction along the southerly boundary of Glacier National Park to the summit of Beaver Mountain, being a point on the southerly boundary of that regional district.

Central-North Okanagan Bee District

The Central-North Okanagan Bee District consists of the geographic area of British Columbia within the boundaries of the following, as those boundaries existed on January 1, 2014:

the Regional District of Central Okanagan;

the Regional District of North Okanagan;

that part of the Thompson-Nicola Regional District lying to the east of a line described as:

Commencing at the most northerly point of the Regional District of Okanagan-Similkameen; then northerly in a straight line to the most westerly southwest corner of Electoral Area L of the Thompson-Nicola Regional District; then easterly along the southerly boundary of Electoral Area L of the Thompson-Nicola Regional District to the 120th Meridian of West Longitude; then northerly along the 120th Meridian of West Longitude to the intersection with the middle line of South Thompson River; then in a general northeasterly direction along that middle line of South Thompson River to the easterly boundary of the Thompson-Nicola Regional District;

the Columbia-Shuswap Regional District except

that part of the Columbia-Shuswap Regional District lying to the south of a line described as:

Commencing at the summit of Mount Begbie, being a point on the southerly boundary of the Columbia-Shuswap Regional District; then northeasterly in a straight line to the summit of Virtue Mountain, being a point on the southerly boundary of Glacier National Park; then in a general easterly direction along the southerly boundary of Glacier National Park to the summit of Beaver Mountain, being a point on the southerly boundary of that regional district, and

that

part lying to the east of a line described as:

Commencing at the summit of Silent Mountain, being a point on the southerly boundary of the Columbia-Shuswap Regional District and on the easterly boundary of Glacier National Park; then in a general northerly direction along the easterly boundary of Glacier National Park to the southerly boundary of the Trans-Canada Highway #1; then in a general easterly direction along the southerly boundary of the Trans-Canada Highway #1 to the intersection with the middle line of Blaeberry River; then northeasterly along the middle line of Blaeberry River to the middle line of Collie Creek; then northeasterly in a straight line to the summit of Howse Peak, being a point on the easterly boundary of that regional district and on the easterly boundary of the Province of British Columbia.

East Kootenay Bee District

The East Kootenay Bee District consists of the geographic area of British Columbia within the boundaries of the following, as those boundaries existed on January 1, 2014:

the Regional District of East Kootenay;

that part of the Regional District of Central Kootenay lying to the east of a line described as:

Commencing at a point on the easterly boundary of the Regional District of Central Kootenay that lies due East of the middle line of the middle fork at the headwaters of Hamill Creek; then due West to that middle line; then in a general westerly direction along the middle line of Hamill Creek to the middle line of Duncan River; then southerly along the middle lines of Duncan River and Kootenay Lake to the northerly boundary of Electoral Area C of that regional district; then westerly and southerly along the northerly and westerly boundaries of Electoral Area C of that regional district to the southerly boundary of the Province of British Columbia;

that part of the Columbia-Shuswap Regional District lying east of a line described as:

Commencing at the summit of Silent Mountain, being a point on the southerly boundary of the Columbia-Shuswap Regional District and on the easterly boundary of Glacier National Park; then in a general northerly direction along the easterly boundary of Glacier National Park to the southerly boundary of the Trans-Canada Highway #1; then in a general easterly direction along the southerly boundary of the Trans-Canada Highway #1 to the intersection with the middle line of Blaeberry River; then northeasterly in a straight line to the summit of Howse Peak, being a point on the easterly boundary of that regional district and on the easterly boundary of the Province of British Columbia.

Fraser-Fort George Bee District

The Fraser-Fort George Bee District consists of the geographic area of British Columbia within the boundaries of the Regional District of Fraser-Fort George, as its boundaries existed on January 1, 2014.

Fraser Valley Bee District

The Fraser Valley Bee District consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

the Greater Vancouver Regional District;

the Fraser Valley Regional District.

Okanagan-Similkameen/Kootenay-Boundary Bee District

The Okanagan-Similkameen/Kootenay-Boundary Bee District consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

the Regional District of Okanagan-Similkameen;

the Regional District of Kootenay-Boundary, except Electoral Areas A and B of that regional district.

Peace River/Fort Nelson-Liard Bee District

The Peace River/Fort Nelson-Liard Bee District consists of the geographic area of British Columbia within the boundaries of the following, as those boundaries existed on January 1, 2014:

the Peace River Regional District;

the Northern Rockies Regional Municipality.

Squamish-Lillooet Bee District

The Squamish-Lillooet Bee District consists of the geographic area of British Columbia within the boundaries of the Squamish-Lillooet Regional District, as its boundaries existed on January 1, 2014.

Sunshine Coast Bee District

The Sunshine Coast Bee District consists of the geographic area of British Columbia within the boundaries of the Sunshine Coast Regional District, as its boundaries existed on January 1, 2014.

Thompson-Nicola Bee District

The Thompson-Nicola Bee District consists of the geographic area of British Columbia within the boundaries of the Thompson-Nicola Regional District, as its boundaries existed on January 1, 2014, except that

part lying east of a line described as:

Commencing at the most northerly point of the Regional District of Okanagan-Similkameen; then northerly in a straight line to the most westerly southwest corner of Electoral Area L of Thompson-Nicola Regional District; then easterly along the southerly boundary of Electoral Area L of the Thompson-Nicola Regional District to the 120th Meridian of West Longitude; then northerly along the 120th Meridian of West Longitude to the intersection with the middle line of South Thompson River; then in a general northeasterly direction along the middle line of South Thompson River to the easterly boundary of Thompson-Nicola Regional District.

Vancouver Island, Gulf Islands and Powell River Bee District

The Vancouver Island, Gulf Islands and Powell River Bee District consists of the geographic area of British Columbia within the boundaries of the following, as those boundaries existed on January 1, 2014:

the Capital Regional District;

the Cowichan Valley Regional District;

the Regional District of Alberni-Clayoquot;

the Regional District of Nanaimo;

the Powell River Regional District;

the Comox Valley Regional District;

that part of Vancouver Island within the Regional District of Mount Waddington;

that part of Vancouver Island within the Strathcona Regional District.

[Provisions relevant to the enactment of this regulation: Animal Health Act , S.B.C. 2014, c. 16, sections 93 (1) (d), 94 (1) (c), (

f) and (g), 95 (1) (

a) and (d), (2) (

a) and (h), (3) (

b) and (4) (

a) and (c), 96 (2) (

b) and (

c) and 101 (5)]