British Columbia Gazette Part II — B.C. Reg. 014/2016
B.C. Reg. 014/2016
British Columbia — Gazette
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Volume 59, No. 2
14/2016
The British Columbia Gazette,
Part II
February 23, 2016
B.C. Reg. 14/2016 , deposited February 12, 2016, under the WILDLIFE ACT [sections 35 and 108]. Order in Council 57/2016, approved and ordered February 12, 2016.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Designation and Exemption Regulation, B.C. Reg. 168/90, is amended as set out in the attached Schedule.
— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; T. LAKE, Presiding Member of the Executive Council .
Schedule
Section 9.1 (2) of the Designation and Exemption Regulation, B.C. Reg. 168/90, is repealed and the following substituted:
(2) An owner or occupier of land, or an employee of an owner or occupier of land, who discharges a firearm on the land, or a person who discharges a firearm on the land with the permission of the owner or occupier, is exempt from
section 32 of the Act in relation to the no shooting areas referred to in
section 19 (
b) and (
c) of
Schedule 3 to the Closed Areas Regulation, B.C. Reg. 76/84, with respect to a dwelling house and a farm or ranch building located on the land.
2 The following
section is added:
Exemption from sections 26 (1) (c), (d), (
e) and (
h) and 35 (2) of the Act – menacing wildlife
11.4
(1) In this section:
“eligible landholder” , in relation to land, means a person who may hunt or trap wildlife on the land under the exemption set out in
section 26 (2) of the Wildlife Act ;
“specified animal” means
(
a) cattle of the genus Bos , or
(
b) sheep of the genus Ovis , except Ovis canadensis and Ovis dalli ;
“specified wildlife” means
(
a) Canis latrans – coyote, or
(
b) Canis lupus – wolf.
(2) Section 26 (1) (c), (d), (
e) and (
h) of the Wildlife Act does not apply to a person who hunts or traps wildlife if
(
a) the wildlife
(
i) is specified wildlife,
(ii) is on land held by an eligible landholder, and
(iii) is a menace to a specified animal on the land, and
(
b) the person
(
i) is a resident of British Columbia, and
(ii) has the written permission of the eligible landholder to be on the land for the purpose of hunting or trapping the wildlife.
(3) A person who injures wildlife under all of the conditions set out in
section 26 (2) of the Wildlife Act or subsection (2) of this
section is exempt in respect of the wildlife from
(a)
section 26 (1) (c), (d), (
e) and (
h) of the Wildlife Act , and
(b)
section 35 (2) of the Wildlife Act if the person makes every reasonable effort to locate the wildlife and, if it is alive, to kill it.
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