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1998/99 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 8th day of June, 1999

Ian D. Izard, Law Clerk

HONOURABLE CATHY McGREGOR

MINISTER OF ENVIRONMENT, LANDS AND PARKS

BILL 63 – 1999

WILDLIFE AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended

(

a) by adding the following

definitions:

"accompany" means to remain in the company of the

other person, able to see the other person without the aid of any device other than

ordinary corrective lenses and able to communicate by unamplified voice with that person;

"dangerous wildlife" means

(

a) bear, cougar, coyote or wolf, or

(

b) a species of wildlife that is prescribed as dangerous

wildlife;

"nest" means a structure, or part of a structure,

prepared by or used by an animal of the class Aves to hold its eggs or offspring; ,

(

b) by repealing the

definitions of "constable" and "officer"

and substituting the following:

"constable" means an officer of the Royal

Canadian Mounted Police or either of the following as defined in the Police Act:

(

a) a designated constable;

(

b) a municipal constable;

"officer" means

(

a) a constable, a conservation officer, the director, an

assistant director, a regional manager, or

(

b) an employee of the government designated by name or position

as an officer, by regulation of the minister; ,

(

c) in the definition of "director" by striking out "Wildlife

Branch;" and substituting "Wildlife Branch and, for matters

relating to fish, includes a person designated by regulation of the Lieutenant Governor in

Council;" , and

(

d) by repealing the

definitions of "non resident" and "resident"

and substituting the following:

"non resident" means

(

a) a person who is not a resident but who is a Canadian citizen

or a permanent resident of Canada, or

(

b) a person who

(

i) is not a resident, but whose only or primary residence is in

Canada, and

(ii) has resided in Canada for the 12 month period immediately

before making an application under this Act or the regulations or doing another thing

relevant to the operation of this Act;

"resident" means

(

a) a person who

(

i) is a Canadian citizen or a permanent resident of Canada, whose

only or primary residence is in British Columbia, and

(ii) has resided in British Columbia for 7 months in the 12 months

immediately before making an application under this Act or the regulations or doing

another thing relevant to the operation of this Act, or

(

b) a person who

(

i) is not a Canadian citizen or a permanent resident of Canada,

but whose only or primary residence is in British Columbia, and

(ii) has resided in British Columbia for the 12 month period

immediately before making an application under this Act or the regulations or doing

another thing relevant to the operation of this Act; .

Section 4 (4) is repealed and the following substituted:

(4) Despite any other enactment, a person may not use land or

resources in a wildlife management area without the written permission of the regional

manager.

Section 7 (1) is amended by striking out "except as

authorized" and substituting "except as permitted" .

Section 11 (6) is amended

(

a) in paragraph (

c) by adding "of his or her primary

residence" after "household effects" , and

(

b) in paragraph (

d) by striking out "resident of British

Columbia," and substituting "resident," .

Section 15 is amended

(

a) in subsection (1) by adding ", or a person authorized by the

director," after "director" in both places, and

(

b) in subsection (2) by adding ", or a person authorized by the

director," after "director" .

Section 21 (2) is repealed.

Section 24 is amended

(

a) by repealing subsections (2) to (7) and substituting the following:

(2) If a person holding a licence or limited entry hunting

authorization issued under this Act or the regulations is convicted of an offence under

(

a) this Act, other than

section 22, subsection (6), (7) or

(14) of this section, sections 26 (1) (a), (e), (

f) and (g), 28, 81 and 82,

(

b) section 9 of the Firearm Act,

(

c) the Migratory Birds Convention Act, 1994 (Canada) or

its regulations,

(

d) the Fisheries Act (Canada) or its regulations, or

(

e) the Criminal Code respecting the use or possession of

firearms while the person is hunting,

or for any other cause considered sufficient by the director, and

after providing an opportunity for the person to be heard, the director may suspend the

licence or limited entry hunting authorization and all rights under it for a period,

within any prescribed limits, or may cancel it.

(3) On notice of a suspension or cancellation under subsection

(2), the person must immediately deliver the licence or limited entry hunting

authorization to the director.

(4) If a licence or limited entry hunting authorization is

suspended, the director must return it to the person at the expiration of the period of

suspension.

(5) If a licence or limited entry hunting authorization is

cancelled, the director may order that the person is ineligible to obtain or renew a

licence or limited entry hunting authorization for a period, within the prescribed limits,

and the director must inform the person of the period of ineligibility.

(6) If the licence or limited entry hunting authorization held by

a person has been suspended, the person commits an offence if during the period of

suspension

(

a) of the licence or limited entry hunting authorization, he or

she applies for or in any way obtains a new licence or limited entry hunting

authorization,

(

b) of a hunting licence, he or she hunts,

(

c) of a firearm licence, he or she carries a firearm, or

(

d) of an angling licence, he or she angles.

(7) If the licence or limited entry hunting authorization held by

a person has been cancelled, the person commits an offence if while the person is

ineligible to obtain or renew

(

a) a licence or limited entry hunting authorization, he or she

applies for or in any way obtains a new licence or limited entry hunting authorization,

(

b) a hunting licence, he or she hunts,

(

c) a firearm licence, he or she carries a firearm, or

(

d) an angling licence, he or she angles. ,

(

b) in subsection (8) by adding "or limited entry hunting

authorization" after "hunting licence" in both places ,

(

c) in subsections (8), (9) and (10) by striking out "and without

notice" ,

(

d) by repealing subsections (11) to (13) and substituting the following:

(11) A person to whom subsection (8), (9) or (10) applies must

immediately surrender his or her licence or limited entry hunting authorization, or, if

subsection (8) applies and the person holds both a hunting licence and a limited entry

hunting authorization, both the hunting licence and the limited entry hunting

authorization

(

a) to the court, which must forward them without delay to the

director, or

(

b) to the director, if the director orders the person to do so.

(12) If a person to whom subsection (2) would otherwise apply does

not hold a licence or limited entry hunting authorization or is exempted from holding one,

the director may prohibit the person for a period, within any prescribed limits, from

doing the thing for which a licence or limited entry hunting authorization would

ordinarily be required.

(13) If a person to whom subsection (8), (9) or (10) otherwise

applies does not hold a licence or limited entry hunting authorization or is exempted from

holding one, the person is automatically prohibited from the date of sentencing, the date

that the passing of sentence is suspended, the date of being granted an absolute or

conditional discharge or the date a court makes a disposition under the Young Offenders

(British Columbia) Act, from doing the thing for which a licence or limited entry

hunting authorization would ordinarily be required, and subsection (5) applies. ,

(

e) by repealing subsection (14) (

a) and substituting following:

(

a) applies for or in any way obtains a licence or limited entry

hunting authorization that he or she is prohibited from obtaining, or ,

(

f) in subsection (15) by striking out "any penalties that may be

imposed under

section 84" and substituting "any fines, penalties,

additional fines, prohibitions, directions or requirements that may be imposed under

section 84, 84.1, 84.2 or 84.3" , and

(

g) in subsection (16) by striking out "licence" in both

places and substituting "licence or limited entry hunting authorization" .

Section 25 (1) is amended by adding "and after providing an

opportunity for the person to be heard," after "sufficient," .

Section 33 (2) is amended by striking out "a part of it"

and substituting "a part of any wildlife" .

10 The following

section is added:

Feeding dangerous wildlife

33.1

(1) A person who intentionally feeds or attempts to

feed dangerous wildlife commits an offence.

(2) A person commits an offence if the person, with the intent of

attracting dangerous wildlife to any land or premises, provides, leaves or places in, on

or about the land or premises food, food waste or any other substance that could attract

dangerous wildlife to the land or premises.

(3) Subsection (2) does not apply to a person who is engaging in

hunting or trapping dangerous wildlife in accordance with all other applicable provisions

of this Act and the regulations.

Section 35 is amended

(

a) in subsection (1) by striking out "residence" and

substituting "dwelling place" , and

(

b) in subsection (2) (

b) by striking out "to a residence or to a

cold storage locker or meat cutting plant," and substituting "to

the person's normal dwelling place or to a meatcutter or the owner or operator of a cold

storage plant," .

Section 36 (2) (

a) is amended by striking out "the owner or

operator of a cold storage locker or meat cutting plant" and substituting "a

meatcutter or the owner or operator of a cold storage plant" .

Section 61 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) If a person holds, held within the last year or applies to

renew, a guide outfitter's licence, guide outfitter's certificate, assistant guide licence

or another licence to guide for game, angling guide licence, assistant angling guide

licence, trapping licence, fur trader's licence or registration of a trapline and the

person is convicted of an offence under this Act or the regulations or does not comply

with the conditions contained in or restrictions imposed on his or her licence,

certificate or registration, or for another cause that the regional manager considers

reasonable, the regional manager may conduct a hearing to determine whether the person

should continue to enjoy the privileges afforded him or her by the licence or certificate

or by having the registration and may do one or more of the following:

(

a) suspend, cancel or refuse to issue or renew the person's

licence, certificate or registration;

(

b) amend the licence, certificate or registration to specify a

different area in which the person may operate;

(

c) in the case of a guide outfitter, amend the licence to further

limit the numbers, age and sex of game in respect of which the person may guide;

(

d) amend the licence, certificate or registration to require the

person to meet other conditions or restrictions that the regional manager considers

appropriate;

(

e) in the case of an angling guide, reduce or cancel an angler

day quota attached to that person's licence.

(2) The person in respect of whom the hearing under subsection

(1) is to be conducted must be given reasonable notice of the time and place for the hearing. ,

and

(

b) by repealing subsections (4) and (5) and substituting the following:

(4) If notice of a hearing under subsection (1) is given to the

holder of a licence, certificate or registered trapline and the licence or certificate

expires or the registration ceases before the regional manager conducts the hearing or

makes a determination under that subsection, the regional manager

(

a) may proceed to hear and determine the matter, and

(

b) is not obliged to renew or consider renewal of the licence or

certificate or grant registration of the trapline until the earlier of the following:

(

i) the end of the 30 day period immediately after the licence or

certificate expires or the registration ceases;

(ii) the regional manager makes the determination after the

hearing is held.

(5) Despite subsection (4), if the hearing is delayed at the

request of the holder of the licence, certificate or registered trapline, the regional

manager is not obliged to consider renewing the licence or certificate or granting the

registration of the trapline until the regional manager makes the determination after the

hearing is held.

Section 70 (1) (

a) is repealed and the following substituted:

(

a) a resident, who holds a hunting licence and meets the

prescribed qualifications, to accompany

(

i) a non resident, or

(ii) a non resident alien

as provided in the regulations, while hunting big game, if no

remuneration is requested by, offered to or accepted by the permittee, or .

Section 71 (1) and (2) is amended by striking out "or an

operator" and substituting "or an owner or operator" .

Section 74 is amended by striking out "under this section"

and substituting "under

section 73" .

Section 84 is repealed and the following substituted:

Fines and penalties

(1) For the purpose of determining the fines and

penalties to which a person is subject on conviction for an offence under this Act or a

regulation under this Act,

(a) subsection (2) applies in relation to an offence

(

i) under

section 6.1, 7 (1), 22, 26 (1) (a), (b), (e), (

f) or

(g), 27 (2), 28 or 82 (1) (a), (

b) or (c), (3) or (4), or

(ii) prescribed under

section 108 (3) (l) (i),

(b) subsections (3) and (4) apply in relation to an offence

(

i) under

section 7 (5), 9, 17 (7) or (8), 21 (1) or (1.1), 24

(6), (7) or (14), 26 (1) (

c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1) or (2), 34,

38, 46, 47, 48 (1) or (2), 49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3),

78, 80, 81, 82 (1) (d), 85 (2) (c) (

i) or (ii), 88.1 (7), 95 (2), 96 (1) or 97 (b), or

(ii) prescribed under

section 108 (3) (l) (ii), and

(c) subsections (5) and (6) apply in relation to any offence under

this Act or the regulations that is not referred to in paragraph (

a) or (b).

(2) A person who commits an offence referred to in subsection (1)

(

a) is liable,

(

a) on a first conviction, to a fine of not more than $100 000 and

not less than $1 000 or to a term of imprisonment not exceeding one year, or both, and

(

b) on each subsequent conviction for the same offence or another

offence referred to in subsection (1) (a), to a fine of not more than $150 000 and not

less than $2 000 or to a term of imprisonment not exceeding 18 months, or both.

(3) Subject to subsection (4), a person who commits an offence

referred to in subsection (1) (

b) is liable,

(

a) on a first conviction, to a fine of not more than $50 000 or

to a term of imprisonment not exceeding 6 months, or both, and

(

b) on each subsequent conviction for the same offence or another

offence referred to in subsection (1) (b), to a fine of not more than $100 000 and not

less than $1 000 or to a term of imprisonment not exceeding one year, or both.

(4) Despite subsection (3) (a), if the person referred to in that

subsection has previously been convicted of an offence referred to in subsection (1) (a),

the person is liable to the punishment set out in subsection (3) (b).

(5) Subject to subsection (6), a person who commits an offence

referred to in subsection (1) (

c) is liable,

(

a) on a first conviction, to a fine of not more than $25 000 or

to a term of imprisonment not exceeding 6 months, or both, and

(

b) on each subsequent conviction for the same offence or another

offence referred to in subsection (1) (c), to a fine of not more than $50 000 and not less

than $500 or to a term of imprisonment not exceeding one year, or both.

(6) Despite subsection (5) (a), if the person referred to in that

subsection has previously been convicted of an offence referred to in subsection (1) (

a) or (b), the person is liable to the punishment set out in subsection (5) (b).

(7) Nothing in this

section limits the application of sections 24

and 84.1 to 84.3 or any other sanctions provided for in this Act or the regulations under

this Act.

Creative sentencing

84.1

(1) If a person is convicted of an offence under this

Act or the regulations, in addition to any punishment imposed, the court may, having

regard to the nature of the offence and the circumstances surrounding its commission, make

an order containing one or more of the following prohibitions, directions or requirements:

(

a) prohibiting the person from doing any act or engaging in any

activity that may, in the opinion of the court, result in the continuation or repetition

of the offence;

(

b) directing the person to take any action the court considers

appropriate to remedy or avoid any harm to the environment or any wildlife, endangered

species or threatened species, that resulted or may result from the commission of the

offence;

(

c) directing the person to pay the government an amount of money

as compensation, in whole or in part, for the cost of any remedial or preventive action

taken by or caused to be taken on behalf of the government as a result of the commission

of the offence;

(

d) directing the person to perform community service;

(

e) directing the person to pay an amount of money the court

considers appropriate to

(

i) Fisheries Renewal BC,

(ii) the Habitat Conservation Trust Fund, or

(iii) the Grizzly Bear Trust Fund established and administered by

the government;

(

f) directing the person to post a bond or pay into court an

amount of money the court considers appropriate for the purpose of ensuring compliance

with any prohibition, direction or requirement under this section;

(

g) directing the person to submit to the minister, on application

by the minister within 3 years after the date of the conviction, any information

respecting the activities of the person that the court considers appropriate in the

circumstances;

(

h) directing the person to publish, in any manner the court

considers appropriate, the facts relating to the commission of the offence;

(

i) requiring the person to comply with any other conditions that

the court considers appropriate for securing the person's good conduct and for preventing

the person from repeating the offence or committing other offences under this Act.

(2) If a person fails to comply with an order referred to in

subsection (1) (

h) directing the person to publish the facts relating to the commission of

an offence, the minister may publish those facts and recover the costs of publication from

the person.

(3) If

(

a) an order under this

section or

section 84.2 directs a person

to pay an amount of money as compensation or for any other purpose, or

(

b) the minister incurs publication costs under subsection (2) of

this section,

the amount and any interest payable on that amount constitute a

debt due to the government and may be recovered as such in any court of competent

jurisdiction.

Variation of

section 84.1 orders

84.2

(1) An application for variation of an order under

section 84.1 may be made to the court that made the order by

(

a) the Attorney General, or

(

b) the person against whom the order under

section 84.1 was made.

(2) Before hearing an application under subsection (1), the court

may order the applicant to give notice of the application in accordance with the

directions of the court.

(3) On an application under subsection (1), if the court considers

variation appropriate because of a change in circumstances, the court may make an order

doing one or more of the following:

(

a) changing the original order or any conditions specified in it;

(

b) relieving the person referred to in subsection (1) (

b) absolutely or partially from compliance with all or part of the original order;

(

c) reducing the period for which the original order is to remain

in effect;

(

d) extending the period for which the original order is to remain

in effect, subject to the limit that this extension must not be longer than one year.

(4) If an application under subsection (1) has been heard by a

court, no other application may be made in respect of the order under

section 84.1 except

with leave of the court.

Additional fine

84.3

(1) If a person is convicted of an offence under this

Act or the regulations and the court is satisfied that, as a result of the commission of

the offence, the person acquired any monetary benefits or that monetary benefits accrued

to the person, the court may order the person to pay a fine equal to the court's

estimation of the amount of those monetary benefits.

(2) If a person is convicted of an offence under

section 22 or an

offence prescribed under

section 108 (3) (l) (iii) and the court is satisfied that the

person was engaged in a commercial enterprise in relation to the commission of the offence

and that monetary benefits could have accrued as a result of the commission of that

offence, the court may order the person to pay a fine equal to the court's estimation of

the amount of those monetary benefits.

(3) A fine under subsection (1) or (2) is in addition to and not

in place of a fine under

section 84 or an order under

section 84.1 or 84.2 directing a

person to pay an amount of money as compensation or for any other purpose.

Section 85 is repealed and the following substituted:

Failure to pay fine

(1) This

section applies if a person

(

a) fails to pay, within the time required by law, a fine imposed

as a result of the person's conviction for an offence under this Act or the regulations or

under the Firearm Act, and

(

b) has been served with notice of this section.

(2) In the circumstances referred to in subsection (1),

(

a) the person's right to apply for or obtain a licence, permit or

limited entry hunting authorization under this Act is suspended immediately and

automatically on the failure to pay the fine,

(

b) all licences, permits and limited entry hunting authorizations

issued to that person under this Act are cancelled immediately and automatically on the

failure to pay the fine, and

(

c) the person commits an offence if, before that fine is paid,

the person

(

i) applies for, or in any way obtains, a licence, permit or

limited entry hunting authorization under this Act, or

(ii) does anything for which a licence, permit or limited entry

hunting authorization under this Act is required.

19 The following

section is added:

Dangerous wildlife protection order

88.1

(1) In this section:

"attractant" means food, food waste, compost or

other waste or garbage that could attract dangerous wildlife;

"private dwelling" means a structure used solely

as a private residence or a residential accommodation within any other structure.

(2) If a conservation officer believes on reasonable grounds that

dangerous wildlife is or may be attracted to any land or premises other than a private

dwelling, the conservation officer may, without a warrant, enter and search the land or

premises.

(3) If a conservation officer believes on reasonable grounds that

the existence or location of an attractant in, on or about any land or premises, other

than in a private dwelling, poses a risk to the safety of any person because the

attractant is attracting or could attract dangerous wildlife to the land or premises, the

conservation officer may issue a dangerous wildlife protection order directing an owner,

occupier or person in charge of that land or premises to contain, move or remove the

attractant within a reasonable period of time specified in the order.

(4) Despite subsection (3), a dangerous wildlife protection order

may not be made in respect of any of the following:

(

a) a farm operation, as defined in

section 1 of the Farm

Practices Protection (Right to Farm) Act, that

(

i) is conducted on, in or over land anywhere in British Columbia,

and

(ii) meets the requirements set out in

section 2 (2) (

a) and (

c) of that Act;

(

b) a person who is engaging in trapping in accordance with all

other applicable provisions of this Act and the regulations;

(

c) a facility for the disposal of waste, that is operated in

accordance with the Waste Management Act by a municipality, as defined in

section 1

(1) of that Act.

(5) A person to whom an order under subsection (3) is expressed to

apply must comply with the order within the period of time specified in that order.

(6) For the purpose of ensuring that an order issued under

subsection (3) is being, or has been, complied with, a conservation officer may, without a

warrant, enter and search the land or premises other than a private dwelling that is

affected by the order.

(7) A person commits an offence if the person neglects or refuses

to comply with an order in accordance with subsection (5).

Section 90 (1) and (2) is amended by striking out "purposes of

this Act," and substituting "purposes of this Act or the Firearm

Act, " .

Section 92 is amended by striking out "concealed" and

substituting "located" .

Section 94 is repealed and the following substituted:

Seizure

94 A conservation officer or constable may seize wildlife

or fish or parts of either wildlife or fish, anything referred to in paragraph (

b) and

anything found in, on or about a place, building or premises, or in the possession of a

person, that might afford evidence of the commission of an offence under this Act or the

regulations, if the conservation officer or constable

(

a) finds in the possession of a person, or in, on or about a

place or thing referred to in

section 93, wildlife or fish that the conservation officer

or constable believes on reasonable grounds was killed, taken or possessed in violation of

this Act or the regulations, or is about to be illegally exported, or

(

b) finds firearms, ammunition, decoys, traps, fishing rods or

other devices or materials, implements or appliances for hunting or trapping wildlife or

for catching fish, that the conservation officer or constable believes on reasonable

grounds were held, kept or used for or in connection with a violation of this Act or the

regulations.

Section 99 is repealed and the following substituted:

Deputy conservation officers

(1) The minister may

(

a) appoint as deputy conservation officer any person, or any

class of persons, the minister considers suitable, and

(

b) impose and confer on a deputy conservation officer, or on any

class of deputy conservation officers, any of the duties and powers given to a

conservation officer by this Act and

section 9 of the Environment Management Act .

(2) A deputy conservation officer may perform and exercise the

duties and powers imposed and conferred on the officer under subsection (1) (b).

Section 100 (2) is amended by striking out "director"

in both places and substituting "regional manager" .

Section 107 is amended

(

a) in subsection (1) (

d) by striking out "Fish and Wildlife Branch

of the ministry," and substituting "government," , and

(

b) in subsection (4) by striking out "maintained or supported by

America or a state of it," .

Section 108 (3) (

l) and (

m) is repealed and the following substituted:

(

l) prescribing an offence under a specified provision of this

Act, or a regulation under this Act, as an offence for the purposes of

(i)

section 84 (1) (a) (ii),

(ii)

section 84 (1) (b) (ii), or

(iii)

section 84.3 (2);

(

m) prescribing a species of wildlife as dangerous wildlife;

(

n) for any purpose contemplated by this Act.

Section 109 (

a) is amended by striking out "ministry,"

and substituting "government," .

Section 111 (2) (

b) and (3) (

c) is amended by striking out "land"

and substituting "land or water rights" .

Section 84 (1) (a) (

i) of the Wildlife Act, as enacted by

section 17 of

this Act, is amended by striking out "26 (1) (a)," and

substituting "26 (1)" .

30 Sections 1 to 3 of the Supplement to the Wildlife Act are repealed.

Consequential Amendments

Fish Protection Act

Section 28 of the Fish Protection Act, S.B.C. 1997, c. 21, is amended in that

part enacting

section 7 (1.1) of the Wildlife Act by striking out "authorized"

and substituting "permitted" .

Section 33 is repealed.

Waste Management Act

Section 56.2 of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended

(

a) in subsection (2) by striking out "person against whom the order

under

section 56.1 was made" and substituting "applicant" ,

and

(

b) in subsection (3) (

b) by striking out "person" and

substituting "person referred to in subsection (1) (b)" .

Water Act

Section 41.2 of the Water Act, R.S.B.C. 1996, c. 483, is amended

(

a) in subsection (2) by striking out "person against whom the order

under

section 41.1 was made" and substituting "applicant" ,

and

(

b) in subsection (3) (

b) by striking out "person" and

substituting "person referred to in subsection (1) (b)" .

Commencement

(1) Section 1 (

d) comes into force on March 1, 2000.

(2) Section 9 comes into force by regulation of the Lieutenant

Governor in Council.

(3) Section 28 comes into force on the date

section 8 (1) of the Fish

Protection Act, S.B.C. 1997, c. 21, comes into force.

(4) Section 29 comes into force on the date

section 32 of the Fish

Protection Act, S.B.C. 1997, c. 21, comes into force.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada