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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE JOYCE MURRAY

MINISTER OF WATER, LAND

AND AIR PROTECTION

BILL 84 – 2003

PARKS AND PROTECTED AREAS STATUTES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Park Act

1 The Park Act, R.S.B.C. 1996, c. 344, is amended by adding the

following section:

Resort and tourism development

9.1 Nothing in

section 8 (2) or 9 (2) prevents the issuance of a park use permit for an activity related to resort or tourism development if, in the minister's opinion, the activity and the development are consistent with or complementary to the recreational values of the park involved.

Section 12 (1) is amended

(

a) by striking out "On the establishment of a park, the minister

must specify the park" and substituting "The minister may specify

a park" ,

(

b) in paragraph (

a) by striking out "its designation"

and substituting "the park" ,

(

c) in paragraphs (

b) to (

e) by striking out "its establishment"

and substituting "the park" , and

(

d) in paragraph (

f) by striking out "if the area is established

a park for" and substituting "if the park has" .

3 The following

section is added:

Petroleum and natural gas tenures

(1) Despite anything in this Act but subject to this section, an authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park or recreation area.

(2) A person to whom an authorization, drilling licence, permit, lease or other right referred to in subsection (1) is issued or granted need not obtain a park use permit or resource use permit from the minister under this Act for the exploration, development or production activities so authorized or permitted.

(3) An authorization, drilling licence, permit, lease or other right referred to in subsection (1) may be issued or granted only if the proposed authorization, drilling licence, permit, lease or other right

(

a) does not permit, authorize or allow entry on or occupation, use or disturbance of the surface of land within the park or recreation area, and

(

b) does not grant any surface rights to land within the park or recreation area.

(4) If an authorization, drilling licence, permit, lease or other right referred to in subsection (1) conflicts or is inconsistent with subsection (3) (

a) or (b), the authorization, drilling licence, permit, lease or other right is void to the extent of the conflict or inconsistency.

(5) A person to whom an authorization, drilling licence, permit, lease or other right is issued or granted in accordance with this

section

(

a) must not enter on or occupy, use or disturb the surface of the land within the park or recreation area for purposes of any authorized or permitted exploration for, or development or production of, petroleum or natural gas,

(

b) must not authorize, direct or permit any other person to enter on or occupy, use or disturb the surface of the land within the park or recreation area for purposes described in paragraph (a), and

in the authorization, drilling licence, permit, lease or other right under the

Petroleum and Natural Gas Act .

(6) If the person referred to in subsection (5), or any other person acting on behalf of that person, contravenes subsection (5) (

a) or (b), the minister may order either or both persons

(

a) to cease or refrain from any or all exploration for, and development and production of, petroleum and natural gas in or from the park or recreation area,

(

b) to restore the surface of the land that is affected by the contravention within the park or recreation area to a condition satisfactory to the minister,

(

c) to do or refrain from doing anything else the minister considers necessary to restore, or to prevent further damage or harm to, the park or recreation area or the natural resources of the park or recreation area, and

(

d) to pay to the government an amount of money as compensation for the cost of any remedial or preventative action taken by, or caused to be taken on behalf of, the government as a result of the contravention.

(7) A person to whom an order is directed under subsection (6) must comply with the order.

(8) If an order of the minister under subsection (6) is not carried out or is imperfectly or only partially carried out,

(

a) the minister may have the order otherwise carried out to completion, and

(

b) the expense to the government of carrying out the order to completion is a debt owing to the government by the person to whom the order was first directed, and is recoverable as such in a court of competent jurisdiction.

(9) A certificate of the minister in respect of the expense referred to in subsection (8) (

b) is proof of the indebtedness and the amount of the debt.

Protected Areas of British Columbia Act

4 The Protected Areas of British Columbia Act, S.B.C. 2000, c.

17, is amended

(

a) in

Schedule C by repealing the descriptions of Inkaneep Park, Rubyrock Lake Park and Spatsizi Plateau Wilderness Park and substituting the following:

177 INKANEEP PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Similkameen Division, Yale

District and contained within the following described boundaries:

Lot 926, District Lot 2450S, Plan 6070.

The unsurveyed part of District Lot 2450S which lies north of

Lot 835, Plan 5753, east of Tugulnuit Road and south of the Ministry of Transportation's

District Plan 4-D-97-8 (dated July, 1980).

That part of Lot 12 of District Lot 2450S, Plan A1211 lying

to the south of Highway 3A/97, shown on the Ministry of Transportation's Plan

of RW areas, Okanagan Highway No. 97, McAlpine Bridge No. 0363 Replacement,

Parks RW Plan, Project 20315, File No. L2-97-85 (dated 10/02).

Lot 11 of District Lot 2450S, Plan A1211.

Lot 848 of District Lot 2450S, Plan A1211.

That part of Lot 847 (being 2 islets) of District Lot 2450S,

Plan A1211 as shown in red on a plan filed on Ministry of Parks' File 2-2-1-13,

and dated April 14, 1989, lying above the low watermark of the Okanagan River.

The whole park containing approximately 20.5 hectares.

336 RUBYROCK LAKE PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Range 5, Coast District

and contained within the described boundaries as shown on the Official Plan

deposited in the Crown Land Registry as Plan 5 Tube 1852; except (1) a 30 metre

right of way centred on the existing access roads to "Ilch'Az Uz Ta Tsoh" Indian

Reserve No. 44 and "Ucausley" Indian Reserve No. 4; and (2) a 30 metre right

of way centred on the existing access roads to "Ye Koo Che" Indian Reserve No.

The whole park containing approximately 41 232 hectares.

374 SPATSIZI PLATEAU WILDERNESS PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Cassiar District and contained

within the described boundaries as shown on the Official Plan deposited in the

Crown Land Registry as Plan 11 Tube 1875; except

(1) Mineral Claim "Al 5" 221994;

(2) Mineral Claim "Al 6" 221995;

(3) Mineral Claim "Bull" 222123;

(4) Mineral

Claim "Hyuk 1 Fr" 222360;

(5) Mineral Claim "Hyuk 3 Fr" 222362;

(6) Mineral

Claim "A1 42" 302923;

(7) Mining Lease 314708;

(8) Coal Lease "12" 389292;

(9) any land that was subject to forfeited Mining Lease 306619; (10) any land over

which the following forfeited mineral claims were located: Mineral Claim "A1

1" 221814, Mineral Claim "A1 7" 222088, Mineral Claim "A1 8" 222089, Mineral

Claim "Metsantan #2" 238253, Mineral Claim "Surprise" 238476, Mineral Claim

"Wankle" 238473, Mineral Claim "Mets 4" 311918, Mineral Claim "Met 8" 340458,

Mineral Claim "New-2" 357276, Mineral Claim "Mets-5" 357277 and Mineral Claim

"Mets 1" 360359; and

(11) Gladys Lake Ecological Reserve as shown on the Official

Plan deposited in the Crown Land Registry as Plan 13 Tube 1875.

The whole park containing approximately 695 102 hectares.

(

b) in

Schedule C by repealing the description of Omineca Park and substituting the following:

295 OMINECA PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Cassiar District and contained

within the described boundaries as shown on the Official Plan deposited in the

Crown Land Registry as Plan 9 Tube 1911; except

(1) Placer Claim "Bill 11" 268588;

(2) Old Hogem Lot 1392; (3) a 30 metre right of way centred on Ministry of Forests'

Thutade Forest Service Road 9147.01; (4) a 30 metre right of way centred on

the non-status road accessing the Nina Lake area; and (5) a 30 metre road right

of way centred on the existing road access to Old Hogem Lot 1392.

The whole park containing approximately 132 296 hectares.

(

c) in

Schedule D by repealing the description of Graham-Laurier Park and substituting the following:

31 GRAHAM-LAURIER PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Peace River District and

contained within the described boundaries as shown on the Official Plan deposited

in the Crown Land Registry as Plan 12 Tube 1928.

The whole park containing approximately 98 868 hectares.

, and

(

d) in

Schedule D by repealing the descriptions of Pine Le Moray Park and Tunkwa Park and substituting the following:

67 PINE LE MORAY PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Peace River District and

Cariboo District and contained within the following described boundaries:

Firstly: the described boundaries as shown on the Official Plan

deposited in the Crown Land Registry as Plan 7 Tube 1847; except (1) the right

of way of the British Columbia Railway, District Lot 13049, Cariboo District,

shown on the Official Plan deposited in the Crown Land Registry as 6RY307;

(2) the right of way of the British Columbia Railway, District Lot 4081, Peace River

District shown on the preliminary plan prepared by Tom J. Tryon, BCLS, the survey

completed October 26, 2000, a copy of which is on file with Crown Land Registry

as 5RY307; (3) the right of way of the British Columbia Railway, District Lot

4082, Peace River District shown on the preliminary plan prepared by Tom J.

Tryon, BCLS, the survey completed October 20, 2000, a copy of which is on file

with Crown Land Registry as 4RY307; and (4) a 50 metre strip of land lying southerly

and easterly of the pipeline right of way shown on the Official Plans deposited

in the Crown Land Registry as Plan 1 Tube 508 and Plan 2 Tube 508.

Secondly: the described boundaries as shown on the Official

Plan deposited in the Crown Land Registry as Plan 14 Tube 1870; except

(1) Ministry

of Transportation's Gravel Reserve 0239965; and (2) the right of way of the

British Columbia Railway, District Lot 13049, Cariboo District, shown on the

Official Plan deposited in the Crown Land Registry as 6RY307.

The whole park containing approximately 43 245 hectares.

90 TUNKWA PARK

All those parcels or tracts of Crown land, together with all

that foreshore or land covered by water, situated in Kamloops Division, Yale

District and contained within the described boundaries as shown on the Official

Plan deposited in the Crown Land Registry as Plan 9 Tube 1878; except

(1) Block

A, LS13,

Section 9, Township 19, Range 21, W6M;

(2) Block A, LS1,

Section 17,

Township 19, Range 21, W6M;

(3) Blocks C, D, E, F, G, H, I, J, K, M, N, O, P,

Q, R, S, T and W of

Section 9, Township 19, Range 21, W6M;

(4) Blocks A, B,

C, D, E and F of

Section 15, Township 19, Range 21, W6M;

(5) Blocks G and H

of Sections 15 and 16, Township 19, Range 21, W6M;

(6) Blocks I, J and L of

Section 16, Township 19, Range 21, W6M; (7) a 30 metre right of way centred

on Ministry of Forests' Road 4100; (8) a 30 metre right of way centred on Ministry

of Forests' Road 4240; (9) pipeline right of way as shown on the Official Plans

deposited in the Crown Land Registry as Plan 8 Tube 883 and Plan 5 Tube 473,

and in Land and Water British Columbia Inc.'s Files as RW 024649 and RW 0208767;

and (10) an additional right of way of 15 metres wide adjoining the easterly

side of RW 0274649 shown on Plan 8 Tube 883 deposited in the Crown Land Registry.

The whole park containing approximately 5 138 hectares.

Commencement

Section 4 (

b) and (

c) come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Park Act

SECTION 1: [Park Act, adds

section 9.1] clarifies that the minister

may issue park use permits for activities related to resort and tourism development

in Class A and Class C parks.

SECTION 2: [Park Act, amends

section 12] removes the requirement

to specify purposes for parks on their establishment and enables the minister

to do that at any time.

SECTION 3: [Park Act, adds

section 33] provides for petroleum

and natural gas exploration and extraction in parks and recreation areas under

specified conditions.

Protected Areas of British Columbia Act

SECTION 4: [Protected Areas of British Columbia Act, amends Schedules

C and D]

(

a) repeals and replaces the following descriptions in

Schedule C:

Inkaneep Park – amends the description to remove lands from the park

for a bridge realignment;

Rubyrock Lake Park – excepts existing access roads to an Indian Reserve;

Spatsizi Plateau Wilderness Park – corrects an error in the legal description

by excepting mineral claims,

(

b) repeals and replaces the description of Omineca Park in

Schedule C, adding land to the park and correcting errors in the description by excepting lands for approved access roads and existing micro hydro developments,

(

c) repeals and replaces the description of Graham-Laurier Park to remove lands from the park for an access road, and

(

d) repeals and replaces the following descriptions in

Schedule D:

Pine Le Moray Park – amends the description to except an existing railroad

right of way and to except a future pipeline right of way;

Tunkwa Park – revises the description to except an existing and a future

pipeline right of way.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada