4th Session, 42nd Parliament

(2023) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. ADAM OLSEN

BILL M 202 – 2023

WILDLIFE AMENDMENT ACT, 2023

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

CLAUSE 1: [Wildlife Act,

section 1] adds a definition of "bear den".

Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding the following definition:

"bear den" means a cavity within a tree, a snag, a stump or a log, greater than 0.80 metres in diameter, that is used by bears, shows evidence of use by bears, or is capable of being used by bears.

CLAUSE 2: [Wildlife Act,

section 9.1] creates a new offence.

2 The following

section is added to

Part 1:

Damaging bear dens

9.1

(1) A person commits an offence if the person, except as provided by regulation, disturbs, molests, damages or destroys a bear den.

(2) Subsection (1) applies to a bear den located on Crown land or private land throughout British Columbia.

CLAUSE 3: [Wildlife Act,

section 84] is consequential to the addition of

section 9.1 to the Act by this Bill.

Section 84 (1) (b) (

i) is amended by striking out " under

section 7 (5), 9, 17.1 (4) " and substituting " under

section 7 (5), 9, 9.1, 17.1 (4) ".

CLAUSE 4: [ Wildlife Act,

section 108] provides the Lieutenant Governor in Council with additional regulation-making powers respecting the preservation, protection and management of bear dens.

Section 108 (2) is amended by adding the following:

(b.2) respecting the preservation, protection and management of bear dens, including, without limitation, by

(

i) establishing classes based on the species of the genus of Ursus using bear dens,

(ii) establishing classes based on an ecosystem or area of British Columbia in which a bear den is located,

(iii) prescribing protected areas of continguous mature or old forest around a bear den, and

(iv) prescribing the minimum distance that must exist between a bear den and a road, a right of way, or other structure or activity that may cause negative effects on bears using a bear den; .

Commencement

5 This Act comes into force on the date of Royal Assent.

Explanatory Notes

CLAUSE 1: [Wildlife Act,

section 1] adds a definition of "bear den".

CLAUSE 2: [Wildlife Act,

section 9.1] creates a new offence.

CLAUSE 3: [Wildlife Act,

section 84] is consequential to the addition of

section 9.1 to the Act by this Bill.

CLAUSE 4: [ Wildlife Act,

section 108] provides the Lieutenant Governor in Council with additional regulation-making powers respecting the preservation, protection and management of bear dens.

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