BILL 22 – 2002: SUSTAINABLE RESOURCE MANAGEMENT STATUTESAMENDMENT ACT, 2002

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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for

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The printed version remains the official version.

HONOURABLE STAN HAGEN

MINISTER OF SUSTAINABLE RESOURCE MANAGEMENT

BILL 22 – 2002

SUSTAINABLE RESOURCE MANAGEMENT

STATUTES AMENDMENT ACT, 2002

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

Forest Practices Code of British Columbia Act

Section 4 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed and the following substituted:

Landscape units and objectives

(1) The minister, in accordance with the regulations and by written order, may establish an area of Crown land or an area of private land in a tree farm licence or woodlot licence as a landscape unit and vary the boundaries of the unit or cancel the unit.

(2) The minister, in accordance with the regulations and by written order, must establish objectives for a landscape unit and may vary or cancel an objective.

(3) Before establishing, varying or cancelling a landscape unit or an objective in a way that significantly affects the public, the minister must provide for review and comment in accordance with the regulations.

(4) The minister must file an order made under this

section

(

a) with an office maintained by the minister in the forest region in which the landscape unit is located, or

(

b) in accordance with the regulations.

(5) The establishment, variance or cancellation of a landscape unit or objective takes effect on the date the order is made or on a later date specified in the order.

(6) The minister must make available to the public

(

a) an order made under subsection (1) and, if applicable, a map showing the boundaries of the landscape unit established or varied by that order, and

(

b) an order made under subsection (2).

(7) The minister may

(

a) delegate in writing the authority to establish, vary or cancel a landscape unit or objective to a person or a class of persons,

(

b) limit or cancel a delegation made under paragraph (a), and

(

c) provide directions respecting the establishment, variance or cancellation of a landscape unit or objective, in respect of a delegation made under paragraph (a).

(8) If an objective for a resource management zone is established or varied for an area that includes a landscape unit, to the extent that the objective for the landscape unit is inconsistent with the objective for the resource management zone, the objective for the resource management zone prevails.

Muskwa-Kechika Management Area Act

Section 1 of the Muskwa-Kechika Management Area Act, S.B.C. 1998, c. 38, is amended

(

a) by repealing the

definitions of "designated official"

and "district manager" , and

(

b) in the definition of "local strategic plan" by striking out "section 6"

and substituting "section 5" .

Section 4 (4) is repealed.

Section 5 (1) is repealed and the following substituted:

(1) The minister or a person or a class of persons designated by the minister may, by order, enact the following:

(

a) an oil and gas pre-tenure plan;

(

b) a recreation management plan.

(1.1) The minister responsible for the Park Act or a person or a class of persons designated by that minister may, by order, enact a park management plan.

(1.2) The minister responsible for the Wildlife Act or a person or a class of persons designated by that minister may, by order, enact a wildlife management plan.

Section 6 is repealed.

Section 8 is amended by repealing subsections (3), (4) and (6) and substituting the following:

(6) Despite subsections (1) and (2), the minister or other agent of the government may issue, approve, permit or authorize the operational instrument

(

a) in the absence of an oil and gas pre-tenure plan or a recreation management plan if the minister, or the person or a person in the class of persons designated by the minister, who would be required to enact an oil and gas pre-tenure plan or a recreation management plan as a prerequisite to an operational instrument determines that any oil and gas pre-tenure plan or recreation management plan would not affect the operational instrument, or

(

b) in the absence of a landscape unit objective if the minister, or the person or a person in the class of persons designated by the minister, who would be required to establish a landscape unit objective as a prerequisite to an operational instrument determines that any landscape unit objective would not affect the operational instrument.

Section 9 is amended by adding "and may appoint a chair of the advisory board" after

"management area" .

Section 12 (2) is amended by adding the following paragraph:

(

k) the remuneration of the chair of the advisory board.

Section 18 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Before May 1 in each year, until May 1, 2005, the minister responsible for the Financial Administration Act must pay out of the consolidated revenue fund, without an appropriation other than this subsection, an amount into the general account of the trust fund that restores the balance in the account to at least $1 000 000.

(1.1) Until March 31, 2006, in each fiscal year the minister responsible for the Financial Administration Act must pay out of the consolidated revenue fund, without an appropriation other than this subsection, an amount into the project account of the trust fund that is the lesser of

(a) $1 000 000, and

(

b) an amount equal to the contributions to the project account during the fiscal year. , and

(

b) in subsection (2) by striking out "subsection (1)" and substituting "subsections (1) and

(1.1)" .

Section 19 (3) (

c) is amended by striking out "section 6" and substituting

"section 5" .

Water Act

Section 1 of the Water Act, R.S.B.C. 1996, c. 483, is amended

(

a) in the

definitions of "comptroller" , "engineer" ,

"officer" and "regional water manager" by adding "or a government corporation"

after "employed by the government" , and

(

b) by adding the following definition:

"government corporation" means government corporation as defined in the Financial Administration

Act ; .

Section 8 is amended

(

a) in subsection (1) by striking out ", but the diversion or use, or both, are subject to the same provisions as if the approval were a

licence" ,

(

b) in subsection (2) by adding "or in accordance with the regulations"

after "section" , and

(

c) by adding the following subsection:

(3) The provisions respecting a licence, except

section 7, apply to a diversion or use of water under an approval under subsection (1) of this

section or under the regulations.

Section 12.1 (6) is amended by adding "or a government corporation" after

"employed by the government" .

Section 18 is amended

(

a) in subsection (1) by striking out "On notice" and substituting "Subject to subsection (1.1), on notice"

and by adding "injuriously" after "would be" , and

(

b) by adding the following subsection:

(1.1) If satisfied that no person's rights will be injuriously affected, the comptroller or the regional water manager may dispense with providing notice under subsection (1).

Section 19 is amended by adding the following subsection:

(3) Despite subsection (1), if satisfied that no person's rights will be injuriously affected, the comptroller or the regional water manager may dispense with providing directions as to giving notice under subsection (1).

Section 20 (1) is amended by striking out ", on giving notice of his or her intention to do so to all interested

persons," .

17 Sections 21 (1) and 22 are amended by striking out "person who makes a change in and about a stream in accordance with the regulations" and substituting

"person who, in accordance with the regulations, makes a change in and about a stream or diverts or uses

water" .

Section 23 is amended

(

a) by repealing subsection (4) and substituting the following:

(4) In the case of a licence appurtenant to land, notice of the proposal to cancel the licence must be sent to every registered owner of the land and to every person who has notified the comptroller or a regional water manager that he or she has an interest in it, but if the land comprises more than 20 parcels, notice of the proposal to cancel the licence may be given by publication of at least one insertion each week for 3 consecutive weeks in a local newspaper. ,

(

b) in subsection (5) by striking out "sent by registered mail to the person shown in the records of the Ministry of Environment, Lands and Parks as"

and substituting "sent to" , and

(

c) in subsection (6) by striking out "60" and substituting

"30" .

Section 26 (1) is amended by adding "or 9" after "section

8" .

Section 46 (2) is amended by adding the following paragraphs:

(

n) the commencement, continuation or cessation of the diversion or use of water for a term not exceeding 12 months;

(

o) the duties and obligations of persons who divert or use water for a term not exceeding 12 months;

(

p) the purposes or uses for which water may be diverted or used for a term not exceeding 12 months, which may be different for different streams, different parts of a stream and streams in different areas;

(

q) the maximum quantity of water that may be diverted or used for a term not exceeding 12 months, which may be different for different purposes, different uses, different streams, different parts of a stream and streams in different areas;

(

r) establishing conditions on the diversion or use of water for a term not exceeding 12 months.

Section 101 (3), as enacted by

section 99 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, is amended by adding the following paragraphs:

(f.1) the commencement, continuation or cessation of the diversion or use of water for a term not exceeding 12 months;

(f.2) the duties and obligations of persons who divert or use water for a term not exceeding 12 months;

(f.3) the purposes or uses for which water may be diverted or used for a term not exceeding 12 months, which may be different for different streams, different parts of a stream and streams in different areas;

(f.4) the maximum quantity of water that may be diverted or used for a term not exceeding 12 months, which may be different for different purposes, different uses, different streams, different parts of a stream and streams in different areas;

(f.5) establishing conditions on the diversion or use of water for a term not exceeding 12 months; .

Transitional – Forest Practices Code of British Columbia Act

(1) An order of the district manager under

section 4 (1) of the Forest Practices Code of British Columbia Act in effect immediately before

section 1 of this Act comes into force is deemed to be an order of the minister.

(2) An objective for a landscape unit in effect immediately before

section 1 of this Act comes into force is deemed to be an objective ordered by the minister.

(3) A direction of the chief forester in effect immediately before

section 1 of this Act comes into force is deemed to be a direction of the minister.

Transitional – Water Act

23 All things done that would have been validly done had sections 1 and 12.1 (6) of the Water

Act , as amended by sections 11 and 13 of this Act, been in force on the day they were done are conclusively deemed to have been validly done.

Commencement

(1) Section 9 is deemed to have come into force on March 31, 2002 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 11 and 13 are deemed to have come into force on April 1, 2002 and are retroactive to the extent necessary to give them effect on and after that date and must not be construed as lacking retroactive effect in relation to any matter because they make no specific reference to that matter.

(3) Sections 12, 17, 20 and 21 come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Forest Practices Code of British Columbia Act

SECTION 1: [Forest Practices Code of British Columbia Act, re-enacts

section 4]

authorizes the minister rather than the district manager to establish,

vary or cancel a landscape unit or objective;

authorizes the minister to delegate the minister's authority to a person

or a class of persons;

authorizes the minister rather than the chief forester to make directions.

Muskwa-Kechika Management Area Act

SECTION 2: [Muskwa-Kechika Management Area Act, amends

section 1] repeals

definitions

as a consequence of other amendments in this Bill and updates a cross

reference.

SECTION 3: [Muskwa-Kechika Management Area Act, repeals

section 4 (4)] is self

explanatory.

SECTION 4: [Muskwa-Kechika Management Area Act, amends

section 5] provides for the

enactment of specified local strategic plans.

SECTION 5: [Muskwa-Kechika Management Area Act, repeals

section 6] is self explanatory.

SECTION 6: [Muskwa-Kechika Management Area Act, amends

section 8]

removes provisions respecting additional approvals;

amends subsection (6) as a consequence of amendments to sections 5 and

6 of the Act and clarifies the references to various responsibilities referred

SECTION 7: [Muskwa-Kechika Management Area Act, amends

section 9] provides for the

appointment of the chair of the advisory board.

SECTION 8: [Muskwa-Kechika Management Area Act, adds

section 12 (2) (k)] allows the

trustee to remunerate the chair of the advisory board.

SECTION 9: [Muskwa-Kechika Management Area Act, amends

section 18]

updates a reference to a minister;

changes the payment to the general account of the trust fund to an amount

restoring the balance in the account to at least $1 000 000 annually;

changes the relevant year for contributions from the previous to the current

fiscal year;

changes the payment to the project account of the trust fund to the lesser

of $1 000 000 during the fiscal year and the amount equal to the contributions

to the project account in the current fiscal year.

SECTION 10: [Muskwa-Kechika Management Area Act, amends

section 19 (3) (c)] updates

a cross reference.

Water Act

SECTION 11: [Water Act, amends

section 1]

(

a) provides for a comptroller, engineer, officer or regional water manager being an employee of a government corporation, and

(

b) adds a definition of "government corporation".

SECTION 12: [Water Act, amends

section 8]

authorizes the short term diversion or use of water in accordance with

the regulations;

applies the licence provisions to a short term use of water.

SECTION 13: [Water Act, amends

section 12.1 (6)] allows the comptroller or regional water

manager to delegate specified functions, duties and powers to an official or

class of officials employed by a government corporation.

SECTION 14: [Water Act, amends

section 18] provides for notice to a person whose rights

will be injuriously affected, before the comptroller or regional water manager

amends a licence.

SECTION 15: [Water Act, adds

section 19 (3)] allows the comptroller or the regional water

manager to dispense with providing directions as to giving notice, in respect of

the transfer of an appurtenancy, if satisfied that no person's rights will be injuriously

affected.

SECTION 16: [Water Act, amends

section 20 (1)] removes the requirement that the comptroller

or the regional water manager give notice to all interested persons before

apportioning the rights and obligations granted and imposed under a licence.

SECTION 17: [Water Act, amends sections 21 (1) and 22] adds a reference to a person who

diverts or uses water in accordance with the regulations.

SECTION 18: [Water Act, amends

section 23]

(

a) removes the requirement that notice be given by registered mail and reduces the publication period,

(

b) removes the requirement to provide notice by registered mail, and

(

c) reduces the period for filing an objection to the proposed cancellation of a licence.

SECTION 19: [Water Act, amends

section 26 (1)] allows the comptroller or regional water

manager to issue a permit over Crown land to a person to whom approval was

given under

section 9 of the Act.

SECTION 20: [Water Act, adds

section 46 (2) (

n) to (r)] provides for regulations respecting

the short term use of water.

SECTION 21: [Water Act, adds

section 101 (3) (f.1) to (f.5)] provides for regulations

respecting the short term use of water.

SECTION 22: [Transitional – Forest Practices Code of British Columbia Act] continues any

orders, objectives and directions in effect before

section 1 of this Bill comes

into force.

SECTION 23: [Transitional – Water Act] validates the actions of the comptroller, engineer,

officer and regional water manager in relation to things done before sections

11 and 13 of this Bill come into force.

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© 2002: Queen's Printer, Victoria, British Columbia, Canada