Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 60, No. 6

127/2017

The British Columbia Gazette,

Part II

April 11, 2017

B.C. Reg. 127/2017 , deposited March 30, 2017, under the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2016 [section 50], the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2017 [section 12], the OFFENCE ACT [section 132] and the WILDLIFE ACT [section 108]. Order in Council 173/2017, approved and ordered March 30, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that,

(

a) effective March 31, 2017,

(

i) the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016 , S.B.C. 2016, c. 11, is brought into force as set out in the attached Appendix 1,

(ii) the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2017 is brought into force as set out in the attached Appendix 2,

(iii) the Designation and Exemption Regulation, B.C. Reg. 168/90, is amended as set out in the attached Appendix 3,

(iv) the Hunting Licensing Regulation, B.C. Reg. 8/99, is amended as set out in the attached Appendix 4,

(

v) the Limited Entry Hunting Regulation, B.C. Reg. 134/93, is amended as set out in the attached Appendix 5,

(vi) the Permit Regulation, B.C. Reg. 253/2000, is amended as set out in the attached Appendix 6,

(vii) the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended as set out in the attached Appendix 7,

(viii) the Wildlife Act General Regulation, B.C. Reg. 340/82, is amended as set out in the attached Appendix 8, and

(ix) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix 9, and

(

b) effective September 1, 2017,

(

i) the Hunting Licensing Regulation, B.C. Reg. 8/99, is amended as set out in the attached Appendix 10,

(ii) the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended as set out in the attached Appendix 11, and

(iii) the Wildlife Act General Regulation, B.C. Reg. 340/82, is amended as set out in the attached Appendix 12.

— S. ANTON, Attorney General and Minister of Justice ; S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; M. MORRIS, Presiding Member of the Executive Council .

Appendix 1

1 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:

(

a) sections 32 to 34, 36 to 38, 42 and 45;

(

b) section 49, as it enacts

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

Appendix 2

1 Sections 2 to 8 of the Forests, Lands and Natural Resource Operations Statutes

Amendment Act, 2017 are brought into force.

Appendix 3

Section 10.1 (1) of the Designation and Exemption Regulation, B.C. Reg. 168/90,

is amended by striking out “ resident species licence or a non-resident ”.

Section 11.1 (4) is amended by striking out “ an Indian residing in British Columbia ” and substituting “ a person described in

section 11 (9) of the Act ”.

Appendix 4

Section 1 (1) of the Hunting Licensing Regulation, B.C. Reg. 8/99, is amended

by repealing the definition of “FWID number”.

2 The heading to

Part 1 is repealed and the following substituted:

Part 1 – Licences .

Section 5 (2) is repealed and the following substituted:

(2) For the purposes of

section 11 (1) (

c) of the Act, a non resident or non resident

alien who hunts wolf must hold an uncancelled species licence for wolf.

(3) For the purposes of

section 11 (1) (

c) of the Act, a non resident or non resident

alien who hunts upland game birds must hold an upland game bird licence.

Section 5.2 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) Section 5 (1) does not apply to a person in respect of a species if

(

a) a youth hunting licence is held on the person’s behalf, and

(

b) the person is hunting with a supervising hunter who holds an uncancelled species

licence for the species.

(2.1) Section 5 (2) does not apply to a person if

(

a) a youth hunting licence is held on the person’s behalf, and

(

b) the person is hunting with a supervising hunter who

(

i) is a resident, or

(ii) holds an uncancelled species licence for wolf.

(2.2) Section 5 (3) does not apply to a person if

(

a) a youth hunting licence is held on the person’s behalf, and

(

b) the person is hunting with a supervising hunter who

(

i) is a resident, or

(ii) holds an upland game bird licence. , and

(

b) by adding the following subsection:

(3.1) Section 7 does not apply to a person exempted under subsection (2.1) of

this

section if

(

a) the supervising hunter is a resident, or

(

b) after the person kills a wolf and before any person handles the wolf killed,

the supervising hunter cancels a species licence for wolf in accordance with the instructions

on the licence.

Section 5.4 is repealed and the following substituted:

Eligibility for species licence

5.4

(1) To be eligible for a species licence, a person must

(

a) hold a hunting licence, other than an initiation hunting licence or a youth

hunting licence, and

(

b) if the person is a non resident or non resident alien, demonstrate that the

person is to be accompanied by

(

i) a guide outfitter,

(ii) an assistant guide issued a written authorization under

section 48 (1.2)

of the Act, or

(iii) another person who holds a permit issued under

section 70 (1) (

a) of the

Act that authorizes the other person to accompany the person who is the non resident

or non resident alien.

(2) Subsection (1) does not apply to a person described in

section 11 (9) of the

Act who intends to serve as a supervising hunter.

Eligibility for upland game bird licence

5.41

(1) To be eligible for an upland game bird licence, a person must hold a hunting

licence, other than a youth hunting licence.

(2) Subsection (1) does not apply to a person described in

section 11 (9) of the

Act who intends to serve as a supervising hunter for a person on whose behalf a youth

hunting licence is held.

Section 8 is repealed and the following substituted:

Issuing hunting licences to persons under 18 years of age

8 A person commits an offence if the person issues a hunting licence to, or on behalf

of, a person who is under 18 years of age contrary to

section 17.1 (1) of the Act.

7 Sections 9 to 13 and 14.1 are repealed.

Section 14.2 is amended

(

a) by repealing paragraphs (

a) and (

b) and substituting the following:

(b.1) the person has successfully completed the examinations referred to in

section

17 (1) of the Act or is described in

section 110.3 of the Act; ,

(

b) in paragraph (

c) by adding “ or a youth hunting licence ” after “ an initiation hunting licence ”, and

(

c) in paragraph (

d) by striking out “ an Indian residing in British Columbia, paragraphs (

a) to (c) ” and substituting “ described in

section 11 (9) of the Act, paragraphs (b.1) and (c) ”.

Section 14.3 is amended

(

a) in subsections (1) (

b) and (

c) and (2) (

b) by adding “ or a youth hunting licence ” after “ an initiation hunting licence ”,

(

b) in subsection (1) (

d) by striking out “ an Indian residing in British Columbia ” and substituting “ described in

section 11 (9) of the Act ”, and

(

c) in subsection (2) by striking out “ licensed guide ” and substituting “ guide outfitter, or an assistant guide issued a written authorization under

section

48 (1.2) of the Act, ”.

Section 14.5 is repealed and the following substituted:

Condition of an initiation hunting licence

14.5 It is a condition of every initiation hunting licence that the holder of the licence

must do all of the following:

(

a) before starting to hunt on each day of hunting,

(

i) record in ink, on a form specified by the director, the name of the supervising

hunter for that day, and

(ii) ensure that that supervising hunter has

(

A) read the information set out on the form, and

(

B) signed the form;

(

b) carry the form while hunting and produce it to an officer on request.

11 Sections 14.6, 15 and 16 are amended by striking out “ possess ” and substituting “ hold ”.

Section 15 is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) a hunting licence, other than a hunting licence described in paragraph (a.1)

or (a.2);

(a.1) a youth hunting licence issued to the person in respect of a particular

person under 18 years of age;

(a.2) an initiation hunting licence; ,

(

b) by repealing paragraph (j), and

(

c) by adding the following paragraph:

(

l) an upland game bird licence.

Section 16 (1) (

c) is amended by striking out “ 3 ” and substituting “ 2 ”.

Section 17 is amended by striking out “ possesses ” and substituting “ holds ”.

Section 18.1 is amended by striking out “ a licence ” and substituting “ a hunting licence issued to a non resident or non resident alien, an upland game

bird licence or a species licence ”.

Section 23.1 (3) is repealed and the following substituted:

(3) The person referred to in subsection (1) is not exempt from

section 11 (1)

of the Act unless a parent or guardian of the person has, in respect of the hunt referred

to in subsection (1) of this section, signed a written undertaking, in the form specified

by the director, that the parent or guardian will not allow the person to hunt or

carry a firearm unless the person is accompanied by and under the close personal supervision

of another person who meets the requirements set out under

section 11 (5) (a), (

b) and (

c) of the Act.

Section 28 is repealed and the following substituted:

No licence issued without insurance

(1) An application for a Fraser Valley special area licence must include a declaration,

in the form specified by the director, by the applicant that the applicant holds the

insurance required by

section 27.

(2) A person commits an offence if he or she issues a Fraser Valley special area

licence to an applicant whose application does not conform to subsection (1).

Section 32 is repealed and the following substituted:

No licence issued without insurance

(1) An application for a Gulf Islands special area licence must include a declaration,

in the form specified by the director, by the applicant that the applicant

(

a) holds the insurance required by

section 31, or

(

b) is to be accompanied, while hunting in the special area, by

(

i) a guide outfitter, or

(ii) an assistant guide issued a written authorization under

section 48 (1.2)

of the Act.

(2) A person commits an offence if he or she issues a Gulf Islands special area

licence to an applicant whose application does not conform to subsection (1).

19 The

Schedule is amended

(

a) in items 2 (

c) and (

d) and 4 by striking out “ non-resident ” wherever it appears and substituting “ non resident ”,

(

b) by repealing item 2 (

e) and (g),

(

c) by adding the following items as indicated:

Licence

Fee $

Surcharge $

2.3

For a Fraser Valley special area licence

8.00

2.00

2.4

For a Gulf Islands special area licence

2.00

2.5

For an upland game bird licence

35.00

15.00

(

d) by repealing item 4 (m), and

(

e) by repealing item 6 and substituting the following as indicated:

Licence

Fee $

Surcharge $

For a duplicate copy of a licence under

section 18.1

10.00

Appendix 5

Section 1 (1) of the Limited Entry Hunting Regulation, B.C. Reg. 134/93, is amended

(

a) by repealing the definition of “FWID number” and substituting the following:

“FWID number” has the same meaning as in the Wildlife Act General Regulation, B.C. Reg. 340/82; , and

(

b) by adding the following

definitions:

“supervising hunter” has the same meaning as in the Hunting Licensing Regulation, B.C. Reg. 8/99;

“youth hunting licence” has the same meaning as in the Hunting Licensing Regulation, B.C. Reg. 8/99; .

Section 2 (1) (

a) and (

b) is repealed and the following substituted:

(

a) a resident who has successfully completed the examinations referred to in

section 17 (1) of the Act or is described in

section 110.3 of the Act, or

(

b) a person described in

section 11 (9) of the Act.

3 Sections 4.2 (1) and 4.3 (1) are amended by striking out “ in their applications ”.

Section 4.4 (5) is amended by striking out “ a copy of that shared limited entry hunting authorization with an up to date record,

in the harvest details part of that copy, of ” and substituting “ a record of harvest, in a form specified by the director, that shows ”.

5 Sections 32 and 33.1 are repealed.

Appendix 6

Section 1 of the Permit Regulation, B.C. Reg. 253/2000, is amended by adding

the following definition:

“youth hunting licence” has the same meaning as in the Hunting Licensing Regulation, B.C. Reg. 8/99; .

2 Sections 4, 16 and 23 are amended by striking out “ non-resident ” wherever it appears and substituting “ non resident ”.

Section 16 is amended

(

a) in subsection (1) (c) (

i) and (ii) by striking out “ British Columbia ” and by striking out “ big game species licence ” and substituting “ species licence for big game ”,

(

b) in subsection (3) by striking out “ non-residents ” and substituting “ non residents ”, and

(

c) by repealing subsection (4) (

b) and substituting the following:

(

b) holds a permit under

section 70 (1) (

a) of the Act and, while accompanying

a non resident or non resident alien to which the permit applies,

(

i) is not a resident,

(ii) fails to hold a valid hunting licence, or

(iii) fails to hold an uncancelled species licence for the species being hunted,

or .

Section 24 is amended

(

a) in subsection (1) by striking out “ big game species licence ” and substituting “ species licence for big game ”, by striking out “ the game ” and substituting “ the big game ” and by striking out “ that game ” and substituting “ that big game ”,

(

b) by repealing subsections (2) and (3) and substituting the following:

(2) If the holder of a hunting licence, other than an initiation hunting licence

or a youth hunting licence, takes any small game under the licence and complies with

the requirements of the Act and regulations respecting the use of the licence and

the taking of the small game, the holder is exempt from

section 21 (1) (

b) of the

Act with respect to that small game for a period of one year from the taking of that

small game.

(3) If the holder of a hunting licence, other than an initiation hunting licence

or a youth hunting licence, takes a wolf under the licence while the holder is a resident

and complies with the requirements of the Act and regulations respecting the use of

the licence and the taking of the wolf, the holder is exempt from

section 21 (1) (

b) of the Act with respect to that wolf for a period of one year from the taking of that

wolf. , and

(

c) in subsection (4) by striking out “ a non-resident or non-resident alien upland game bird species licence ” and substituting “ an upland game bird licence ”, by striking out “ that game bird ” and substituting “ that upland game bird ” and by striking out “ from the taking of the ” and substituting “ from the taking of that ”.

Section 24.1 (4) is amended by striking out “ and “youth hunting licence” have ” and substituting “ has ”.

Appendix 7

Section 2.01 of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82,

is amended

(

a) by adding the following subsection:

(0.1) In this section, “FWID number” has the same meaning as in the Wildlife Act General Regulation, B.C. Reg. 340/82. , and

(

b) in subsection (1) (

d) by striking out “ hunter number ” and substituting “ FWID number ”.

Appendix 8

Section 1.001 of the Wildlife Act General Regulation, B.C. Reg. 340/82, is repealed

and the following substituted:

Definitions

1.001 In this regulation:

“Act” means the Wildlife Act ;

“FWID number” , in relation to a person, means a unique number assigned to the person by the director

as that person’s fish and wildlife identification number.

2 The following Divisions are added:

Division 20 – Reports, Royalties and Fines

Failure to submit reports

20.01

(1) In this section, “angling guide report” means a report referred to in

section 13 (1) (

b) of the Angling and Scientific Collection

Regulation, B.C. Reg. 125/90, that includes the information referred to in that

section

and, if applicable,

section 13 (3) (

c) of that regulation.

(2) This

section applies to a person who fails to make an angling guide report

that the person is required to make by the conditions of an angling guide licence,

until the report is made.

(3) Subject to

section 20.03, a person described in subsection (2) of this

section

is not eligible to apply for or obtain a licence, permit or limited entry hunting

authorization under the Act.

Failure to pay royalties

20.02

(1) This

section applies to a person who fails to pay a royalty that the person is

required to pay under

section 69 of the Act, until the royalty is paid.

(2) Subject to

section 20.03, a person described in subsection (1) of this

section

is not eligible to apply for or obtain a licence, permit or limited entry hunting

authorization under the Act.

Exemptions in relation to hunting licences for persons under 18 years of age

20.03

(1) A person who applies for a hunting licence in accordance with

section 17.1 of

the Act on behalf of a person who is under 18 years of age is exempt, in respect of

that hunting licence, from

(

a) section 20.01 (3) of this regulation,

(

b) section 20.02 (2) of this regulation, and

(c)

section 85 (2) (

a) and (c) (

i) of the Act.

(2) A person to whom a hunting licence is issued in accordance with

section 17.1

of the Act on behalf of a person who is under 18 years of age is exempt, in respect

of that hunting licence, from

section 85 (2) (

b) of the Act.

Division 21 – Proof of Identity and Authorization

Proof of identity

20.04

(1) For the purposes of

section 97 (2) (

b) and (4) (

b) of the Act, the following

photo identification is prescribed:

(

a) valid photo identification issued to a person by any of the following:

(ii) the government of a province or territory, or an agent of the government

of a province or territory, in which the person has a current address;

(iii) the Nis g a’a Lisims Government, if the person is a Nis g a’a citizen;

(iv) a treaty first nation, if the person is a treaty first nation member of the

treaty first nation;

(

b) a valid NEXUS card;

(

c) in the case of a person who is a non resident alien, valid photo identification,

in the form of a passport or driver’s licence, issued to the person by a foreign jurisdiction

in which the person has a current address.

(2) For the purposes of

section 97 (5) of the Act, persons under 16 years of age

are prescribed as exempt from the requirement to produce photo identification.

Proof of authorization

20.05

(1) For the purposes of

section 97 (3) (b) (ii) of the Act, a person who holds any

of the following authorizations may demonstrate that the person holds the authorization

by stating the person’s FWID number:

(

a) a hunting licence issued to a resident;

(

b) a special area licence required by

Part 2 or 3 of the Hunting Licensing Regulation,

B.C. Reg. 8/99;

(

c) a limited entry hunting authorization.

(2) For the purposes of

section 97 (3) (

b) of the Act, a person who is required

to produce a species licence must produce an original species licence.

Proof of identity and authorization by persons under 18 years of age

20.06

(1) A person described in

section 11 (1.1) of the Act who hunts must, on the request

of an officer,

(

a) state the person’s name and address,

(

b) produce photo identification referred to in

section 20.04 (1) of this regulation,

and

(

c) demonstrate that a hunting licence is held on the person’s behalf by

(

i) producing the hunting licence or a legible copy of the hunting licence, or

(ii) stating the person’s FWID number.

(2) Subsection (1) (

b) does not apply to a person under 16 years of age.

Appendix 9

Schedule 1 to the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97,

is amended in column 3 of items 1A, 7B, 9B and 28B by striking out “ 82 and 96 (1) of the Wildlife Act ” and substituting “ 82 (1) (b), (

c) and (d), (3) and (4) and 96 (1) of the Wildlife Act ”.

Schedule 2 is amended under the heading “ Wildlife Act ”

(

a) by adding the following items as indicated:

Provision

Contravention

Fine

Victim Surcharge Levy

Ticketed Amount

section 11 (1) (

c) Hunt without upland game bird licence required by

section 5 (3) of the Hunting

Licensing Regulation

$200

$30

$230

section 82 (1) (

a) Knowingly make a false statement in order to obtain a licence, permit or limited

entry hunting authorization

$500

$75

$575

section 82 (5)

Make a false statement in an application made on behalf of another person

$500

$75

$575

(

b) by striking out “

section 97 (b) ” and substituting “

section 97 (2) (a) ”,

(

c) by adding the following items as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed Amount

section 97 (2) (

b) Fail to produce prescribed photo identification to officer

$300

$45

$345

section 97 (4) (

a) Fail to state name and address to officer

$300

$45

$345

section 97 (4) (

b) Fail to produce prescribed photo identification to officer

$300

$45

$345

(

d) by striking out “ 82 and 96 (1) ” and substituting “ 82 (1) (b), (

c) and (d), (3) and (4) and 96 (1) ”.

Schedule 2 is amended under the heading “ Hunting Licensing Regulation, B.C. Reg. 8/99 ” by repealing the following items as indicated:

Provision

Contravention

Fine

Victim Surcharge Levy

Ticketed Amount

section 9 (4)

Fail to notify director of name change

$75

$11

$86

section 9 (5)

Fail to notify director of address change

$75

$11

$86

section 11

Obtain or use more than one hunter number

$300

$45

$345

section 13 (2)

Improperly issue resident hunting licence

$200

$30

$230

Appendix 10

Section 1 (1) of the Hunting Licensing Regulation, B.C. Reg. 8/99, is amended

by adding the following definition:

“unexamined non resident or non resident alien” means a non resident or non resident alien who

(

a) has not successfully completed the examinations referred to in

section 17 (1)

of the Act, and

(

b) is not described in

section 110.3 of the Act; .

2 The following

section is added:

Condition of a hunting licence – unexamined non residents and non resident aliens

4.1 It is a condition of every hunting licence that the holder must not hunt wildlife

unless accompanied by a person described in

section 17 (2) (a), (

b) or (

c) of the

Act if the holder was, at the time the licence was issued, an unexamined non resident

or non resident alien.

Section 15 is amended

(

a) in paragraph (

a) by striking out “ (a.1) or (a.2) ” and substituting “ (a.1), (a.2) or (a.3) ”, and

(

b) by adding the following paragraph:

(a.3) a hunting licence issued to the person when he or she was an unexamined

non resident or non resident alien; .

Section 18.1 is amended by striking out “ a hunting licence issued to a non resident or non resident alien, an upland game

bird licence or ”.

5 The

Schedule is amended by repealing item 6 and substituting the following as

indicated:

Licence

Fee $

Surcharge $

For a duplicate copy of a species licence

10.00

Appendix 11

Section 1.10 of the Wildlife Act Commercial Activities Regulation, B.C. Reg.

338/82, is amended

(

a) by repealing subsection (3), and

(

b) in

Schedule 1.10 by repealing items (6) and (8).

Appendix 12

Section 20.05 (1) of the Wildlife Act General Regulation, B.C. Reg. 340/82, is

amended

(

a) in paragraph (

a) by striking out “ issued to a resident ”, and

(

b) by adding the following paragraphs:

(

d) a guide outfitter licence;

(

e) an upland game bird licence.

Copyright © 2017: Queen's Printer, Victoria, British Columbia, Canada