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Volume 58, No. 12

115/2015

The British Columbia Gazette,

Part II

June 16, 2015

B.C. Reg. 115/2015 , deposited June 12, 2015, under the FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2014 [section 88], the WILDLIFE ACT [sections 64.1, 108 (2) (

g) and (

k) and (3) (

l) and (n)] and the OFFENCE ACT [section 132 (2) (c)]. Order in Council 344/2015, approved and ordered June 10, 2015.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) sections 65 (b), 70, 73, 75, 81 and 82 (

b) and (

d) of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2014, S.B.C. 2014, c. 7, are brought into force,

(

b) section 74, as it enacts

section 64.1 of the Wildlife Act, R.S.B.C. 1996, c. 488, of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2014, S.B.C. 2014, c. 7, is brought into force,

(

c) Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended by adding the following item under the heading “ Wildlife Act ”:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

Guiding Territory Certificate Regulation

section 11

Fail to notify of change to control of corporation holding guiding territory certificate

$500

$75

$575

(

d) the attached Guiding Territory Certificate Regulation is made, and

(

e) items (4) and (5) of

Schedule 1.10 and

section 1.12 (2) and (3) of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, are repealed.

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

GUIDING TERRITORY CERTIFICATE REGULATION

Contents

Definition

Application must include BC address

Transfer of certificate or interest

Fees for transfers

Control of corporation

Change to control of corporation

Must notify if change to control of corporation

Actions of regional manager if notice of change to control

Actions of regional manager if belief of change to control

Hearing respecting change to control

Offence

Definition

1 In this regulation, “Act” means the Wildlife Act .

Application must include BC address

2 An applicant for a guiding territory certificate must include with the application a mailing address located in British Columbia for the purpose of receiving notices that the minister, the director or a regional manager must or may give under the Act.

Transfer of certificate or interest

3 A person who holds a guiding territory certificate or an interest in a guiding territory certificate must not transfer any of the following without the authorization of a regional manager:

(

a) the privileges conferred in a guiding territory certificate;

(

b) the privileges conferred in a portion of the guiding territory held under a guiding territory certificate;

(

c) a guiding territory certificate or an interest in a guiding territory certificate.

Fees for transfers

(1) The prescribed fee for the transfer of a guiding territory certificate or any privilege or interest referred to in

section 3 [transfer of certificate or interest] is $500.

(2) Despite subsection (1), no fee is payable in respect of a transfer of a guiding territory certificate or any privilege or interest referred to in

section 3 if all of the following conditions are met:

(

a) the transfer is made by an individual;

(

b) the transfer is to a person who is not an individual;

(

c) the request for an authorization under

section 3 is made within one year after the date this

section comes into force.

(3) The prescribed charge for the assignment of the exclusive control over guiding privileges under

section 65 (3) of the Act is $500.

Control of corporation

(1) A person, or a group of persons not dealing with each other at arm’s length, has control of a corporation that holds an interest in a guiding territory certificate if the person or group of persons holds shares in the corporation that, if exercised and considered in the aggregate, carry sufficient voting rights

(

a) to elect 50% or more of the effective directors of the corporation, or

(

b) to otherwise effectively control the operations and direction of the corporation.

(2) Subsection (1) applies whether the shares are held directly by the person or group or for the benefit of the person or group.

(3) Subsection (1) does not apply to shares held by way of security only.

Change to control of corporation

(1) For the purposes of this regulation, there is a change to the control of a corporation that holds an interest in a guiding territory certificate if any of the following circumstances apply:

(

a) the certificate holder amalgamates with another corporation;

(

b) through one or more transactions, control of the certificate holder changes or is acquired or disposed of;

(

c) through one or more transactions, control of a corporation having control of the certificate holder changes or is acquired or disposed of.

(2) For greater certainty, none of the circumstances described in

section 62 (3) of the Act constitutes, for the purposes of subsection (1) of this section, a change to the control of a corporation that holds an interest in a guiding territory certificate.

Must notify if change to control of corporation

(1) Within 30 days after a change to the control of a corporation that holds an interest in a guiding territory certificate, the corporation must do both of the following:

(

a) send to a regional manager a written notice setting out the details of the change;

(

b) pay a reviewing fee of $500.

(2) A regional manager who receives a notice under subsection (1) may

(

a) request further information from the corporation, and

(

b) include in the request the date by which that corporation must provide the information.

(3) A corporation that receives a request under subsection (2) must comply with the request.

Actions of regional manager if notice of change to control

(1) If a regional manager receives a notice under

section 7 [must notify if change to control of corporation] , the regional manager may

(

a) give to the corporation written notice that a hearing is required to determine whether that regional manager should take an action referred to in

section 64.1 (1) (d) (iii) (

A) or (

B) of the Act, or

(

b) take no further action.

(2) A regional manager may give a notice referred to in subsection (1) (

a) of this

section no later than 120 days after receiving notice under

section 7.

(3) Despite subsection (2), a regional manager may give notice under that subsection after the 120 day period has expired if, before expiry of the period,

(

a) the director approves, in writing, an extension, and

(

b) written notice of the extension and the reasons for it are given to the corporation.

Actions of regional manager if belief of change to control

(1) If a regional manager has reason to believe that there may have been a change to the control of a corporation that holds an interest in a guiding territory certificate, the regional manager may give to the corporation

(

a) written notice of the reasons for the regional manager’s belief, and

(

b) a request for further information, and include in the request the date by which that corporation must provide the information.

(2) A corporation that receives a notice under subsection (1) (

a) must comply with a request made under subsection (1) (b).

(3) Section 8 [actions of regional manager if notice of change to control] applies as follows:

(

a) if the regional manager is satisfied that the corporation has complied with subsection (2) of this section, as if the information provided by the corporation under that subsection were a notice given by the corporation under

section 7 [must notify if change to control of corporation] ;

(

b) in any other case, as if the notice given to the corporation by the regional manager under subsection (1) (

a) of this

section were a notice given by the corporation under

section 7.

Hearing respecting change to control

(1) If a hearing is required under

section 8 [actions of regional manager if change to control] , the regional manager must include in the notice referred to in

section 8 (1) (

a) both of the following:

(

a) the manner and form of the hearing;

(

b) the date by which, and the manner in which, the corporation must respond to the notice.

(2) The regional manager is authorized to take any action referred to in

section 64.1 (1) (d) (iii) (

A) and (

B) of the Act

(

a) after a hearing, or

(

b) after the date referred to in subsection (1) (

b) of this

section has passed, if the corporation fails to respond to the notice.

Offence

11 A person who contravenes

section 7 (1) [must notify if change to control of corporation] commits an offence for the purposes of

section 84 (1) (b) (ii) of the Act.

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