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2011 Legislative Session: 4th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE STEVE THOMSON

MINISTER OF FORESTS, LANDS AND

NATURAL RESOURCE OPERATIONS

BILL 9 — 2011

NATURAL RESOURCE COMPLIANCE ACT

Contents

Definitions

Natural resource officers — designation

Natural resource officers — powers and duties

Delegation

Regulations

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:

"ministry" means the ministry of the minister responsible for the administration of this Act;

"natural resource officer" means a person designated under

section 2.

Natural resource officers — designation

(1) Subject to the regulations, if any, the minister may designate in writing persons or a class of persons as natural resource officers.

(2) In designating natural resource officers under subsection (1), the minister may

(

a) describe a person by name, title, position or class,

(

b) limit the designation to a specified time period or geographical area,

(

c) limit the powers and duties conferred under

section 3 to the officials or enactments specified in the designation,

(

d) describe the limitations, if any, on the natural resource officer's powers and duties, or

(3) The minister may vary or revoke a designation.

Natural resource officers — powers and duties

(

a) exercise the powers and perform the duties of a prescribed official under a prescribed enactment, and

(

b) enforce the prohibitions or requirements of prescribed enactments.

(2) Subject to this Act, the exercise of powers and the performance of duties conferred on a natural resource officer under subsection (1) (

a) remain subject to the prescribed enactment.

Delegation

4 The minister may, in writing,

(

a) delegate the power of the minister under

section 2 to

(

i) a person employed in the ministry, or

(ii) a class of persons employed in the ministry,

(

b) provide directions that are binding on the delegate respecting the exercise of the power, and

(

c) vary or revoke a delegation or direction.

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 as follows:

(

a) respecting the designation of natural resource officers under

section 2;

(

b) prescribing officials and enactments for the purpose of

section 3 (1) (a);

(

c) prescribing enactments for the purpose of

section 3 (1) (b).

(3) In making a regulation under this Act, the Lieutenant Governor in Council may make different regulations for different persons, classes of persons, places or activities.

Commencement

6 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

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