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Volume 46, No. 12

B.C. Reg. 221/2003

The British Columbia Gazette,

Part II

June 17, 2003

B.C. Reg. 221/2003, deposited June 5, 2003, pursuant to the FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT [Section 206]. Order in Council 574/2003, approved and ordered June 5, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Forest Recreation Regulation, B.C. Reg. 58/99, is amended according to the attached schedule. — M. de JONG, Minister of Forests; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

Section 1 (2) of the Forest Recreation Regulation, B.C. Reg. 58/99, is amended by striking out "includes a camping permit referred to in

section 20" and substituting "includes a proof of payment referred to in

section 24 (8) (c)".

Section 20 is amended

(

a) in subsection (1) by striking out "where a camping permit is required under

section 22" and substituting "where a fee for camping is required under

section 24",

(

b) in subsection (1) by repealing paragraphs (

c) to (e),

(

c) in subsection (1) (

f) by striking out "of a camping permit" and substituting "arising from payment of the camping fee", and

(

d) by repealing subsections (3) to (3.2) and (9).

3 Sections 21 and 22 are repealed.

Section 23 is amended by striking out "section 21" and substituting "section 24".

Section 24 is repealed and the following is substituted:

Fees for use of recreation site or trail

(1) In this

section "service" means, in relation to a recreation site or trail

(

a) maintenance and repair of the recreation site or trail,

(

b) supervision at the recreation site or trail,

(

c) provision of overnight camping facilities, parking facilities, boat launch ramps, mooring buoys, warming huts or cabins on the recreation site or trail,

(

d) grooming or setting ski tracks on the recreation trail, or

(

e) provision of similar improvements for recreation purposes included in the list described in subsection (5).

(2) The district manager may determine that a fee is required to use a recreation site or trail if he or she is satisfied that the fee is justified by the provision of the service at the site or trail.

(3) If a determination is made under subsection (2) the district manager must set the fee at an amount that does not exceed an amount calculated in accordance with the following formula

AMOUNT = AC/N

where

AC is the annual cost of providing the service, estimated by the district manager when the fee is first set for the year, and

N is the number of times the service will be used by the public, estimated by the district manager when the fee is first set for the year.

(4) The district manager may cancel a determination made under subsection (2), if satisfied that the service provided at the recreation site or trail does not justify the fee.

(5) The district manager must

(

a) make available at district and regional offices, a list of sites and trails within the region that have fees, including a description of the services available at those locations and the fee for each service,

(

b) keep that list current with determinations made under subsection (2) and cancellations made under subsection (4), and

(

c) post a sign at the site or the trail notifying the public that a fee is required and the amount of the fee.

(6) The district manager may authorize a person to act as a recreation site or trail operator, and may rescind the authorization.

(7) On request of a person who is paying or providing proof of payment to use a recreation site or trail, a recreation site or trail operator must provide written proof of authorization by the district manager to act under this section.

(8) The user of a recreation site or trail must

(

a) pay a fee to the recreation site or trail operator to use the recreation site or trail, if the fee is listed under subsection (5),

(

b) provide his or her name and address and any other information reasonably required by the recreation site or trail operator to identify the person or party,

(

c) produce proof of payment on request of a designated forest official, a peace officer or a recreation site or trail operator, and

(

d) if the person owns or is in control of a motor vehicle, other than a motorcycle, ensure that the vehicle is not parked in a campsite without proof of payment for camping prominently displayed in the windshield, unless another vehicle that displays a proof of payment for camping is parked in the campsite at the same time.

(9) A right to use a recreation site or trail, arising from payment of a fee under this section, is not transferable, and is valid only for the period of time indicated on the proof of payment.

Section 25 is repealed.

Section 27 (3) is amended by adding "or 24 (8) (

a) or (b)" after "20 (1) or (8)".

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