BILL 28 – 2006
PARK (CONSERVANCY ENABLING) AMENDMENT ACT, 2006

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

1 Section 1 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(a) by adding the following definitions:

"conservancy" means Crown land established by or under this Act or the Protected Areas of British Columbia Act as a conservancy;

"designated wildland area" means a roadless area in a park, conservancy or recreation area that is

(a) retained in a natural condition for the preservation of its ecological environment and scenic features, and

(b) designated or continued as a designated wildland area under this Act. ,

(b) in the definition of "park use permit" by striking out "on or in a park;" and substituting "on or in a park or conservancy;", and

(c) by repealing the definition of "nature conservancy area".

2 Sections 2 (3) and (4), 3 (1) and 29 (3) (j) are amended by striking out "parks and recreation areas" wherever it appears and substituting "parks, conservancies and recreation areas".

3 Section 4 (3) is amended by striking out "parks, recreation areas" and substituting "parks, conservancies, recreation areas".

4 Section 4.1 is amended by repealing paragraph (d).

5 The following section is added:

Relations with first nations

4.2 (1) The minister may enter into an agreement with a first nation respecting the first nation

(a) carrying out activities necessary for the exercise of aboriginal rights on, and

(b) having access for social, ceremonial and cultural purposes to,

land to which section 3 or 6 applies, and in respect of other topics relating to the management of matters and things referred to in section 3 or 6.

(2) An agreement entered into under subsection (1) is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

(3) For the purposes of subsection (1), "first nation" includes

(a) a band, as defined in the Indian Act (Canada),

(b) another legal entity representing a first nation, or

(c) a person authorized by a band referred to in paragraph (a) or a legal entity referred to in paragraph (b).

6 Section 5 is amended

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

(1) The Lieutenant Governor in Council may

(a) establish an area of Crown land as a Class A, Class B or Class C park, or as a conservancy or recreation area, or

(b) designate land in a park, conservancy or recreation area as a designated wildland area,

and declare the name by which the park, conservancy, recreation area or designated wildland area is to be known. , and

(b) by adding the following subsection:

(3.1) Conservancies are set aside

(a) for the protection and maintenance of their biological diversity and natural environments,

(b) for the preservation and maintenance of social, ceremonial and cultural uses of first nations,

(c) for protection and maintenance of their recreational values, and

(d) to ensure that development or use of their natural resources occurs in a sustainable manner consistent with the purposes of paragraphs (a), (b) and (c).

7 Sections 7 (1), 11 (1) and (2), 13 to 15, 16 (a) to (d), 17 (a), (b) and (d), 19 (1), 22, 24 to 26, 29 (3) and 33 (1), (3), (5) and (6) are amended by striking out "park or recreation area" wherever it appears and substituting "park, conservancy or recreation area".

8 Sections 7 (1) and 29 (4) are amended by striking out "parks or recreation areas" wherever it appears and substituting "parks, conservancies or recreation areas".

9 Sections 7.1 (2) and 7.2 are amended by striking out "park, nature conservancy area or recreation area" and substituting "park, conservancy, designated wildland area or recreation area".

10 Section 8 is amended by adding the following subsection:

(6) An interest in land in a conservancy must not be granted, sold, leased, pre-empted or otherwise alienated or made the subject of a licence except as authorized by a valid and subsisting park use permit.

11 Section 9 is amended

(a) in subsection (5) by striking out "nature conservancy area" and substituting "designated wildland area", and

(b) by adding the following subsections:

(6.1) A natural resource, other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a conservancy must not be granted, sold, removed, destroyed, disturbed, damaged, exploited, developed, improved or utilized except as authorized by a valid and subsisting park use permit.

(9) A natural resource in a conservancy must not be granted, sold, removed, destroyed, disturbed, damaged or exploited unless, in the opinion of the minister, the development, improvement and use of the conservancy in accordance with section 5 (3.1) will not be hindered by it.

(10) A park use permit must not be issued to authorize the following activities in a conservancy:

(a) commercial logging;

(b) mining;

(c) hydro electric power generation, other than local run-of-the-river projects;

(d) any other activity unless, in the opinion of the minister, the activity will not restrict, prevent or inhibit the development, improvement or use of the conservancy in accordance with section 5 (3.1).

(11) In subsection (10):

"commercial logging" means harvesting timber for the primary purpose of selling or trading the timber;

"local run-of-the-river projects", in relation to a conservancy, means run-of-the-river projects supplying power for use only

(a) in the conservancy, or

(b) by communities, including first nation communities, that do not otherwise have access to hydro electric power.

12 Section 12 (4) is repealed.

13 Section 16 (e) is repealed and the following substituted:

(e) establish or carry on any work or improvement or any commercial or industrial activity or enterprise in a park, conservancy or recreation area.

14 Section 17 (c) is repealed and the following substituted:

(c) order any person in any park, conservancy or recreation area to cease or refrain from an action, an omission or conduct that the director or park officer, in his or her discretion, considers dangerous to life or property or detrimental to the public interest; .

15 The following section is added:

Permits authorizing road construction
in a conservancy

20.1 Despite anything in this Act, the minister may issue a park use permit to a person for the construction, use or maintenance of a road in a conservancy if

(a) the conservancy is named and described in Schedule F of the Protected Areas of British Columbia Act, and

(b) the road is for the purpose of providing access to natural resources lying beyond the conservancy.

16 Section 27 (1) is amended by striking out "for park purposes." and substituting "for park or conservancy purposes."

17 The following sections are added:

Transitional -- validation of existing permits
in conservancies

31.1 (1) Despite section 9 (10) (d), the minister may issue a park use permit authorizing a person who, on the establishment date for a conservancy, holds

(a) a permit, or other authorization, under an enactment, or

(b) a lien, charge or encumbrance

with respect to the conservancy, to continue to do anything that the person was authorized to do by the permit or other authorization or by the lien, charge or encumbrance, other than activities described in section 9 (10) (a) to (c).

(2) The minister may renew, cancel, amend or approve the transfer of a park use permit issued under subsection (1).

Designated wildland area transition

34 A nature conservancy area existing on the date this section comes into force is continued as a designated wildland area.

Consequential Amendments

 
Community Charter

18 Section 35 (2) (c) and (8) (c) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "park, recreation area or" and substituting "park, conservancy, recreation area or".

 
Ecological Reserve Act

19 Section 6 of the Ecological Reserve Act, R.S.B.C. 1996, c. 103, is repealed and the following substituted:

Designated wildland area as ecological reserve

6 Despite the Park Act, a designated wildland area or any portion of it, designated as such under that Act, may be established as an ecological reserve under this Act or by the Protected Areas of British Columbia Act.

 
Protected Areas of British Columbia Act

20 The Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by adding the following section:

Conservancies

2.1 The conservancies named and described in Schedules E and F are established as conservancies for the purposes of the Park Act.

21 Section 3 (2) is amended by striking out "or" at the end of paragraph (a) and by adding the following paragraph:

(a.1) a conservancy established by this Act, or .

22 The following Schedules are added:

Schedule E

BANKS NII ŁUUTIKSM CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 1963; except (1) District Lot 2043, Range 4, Coast District; and (2) that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 19 121 hectares (15 585 hectares of upland and 3 536 hectares of foreshore).

BISHOP BAY CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1963; except that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 2 699 hectares (2 291 hectares of upland and 408 hectares of foreshore).

CALVERT ISLAND CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 2 and Range 3, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1963; except (1) District Lot 715, Range 2, Coast District; (2) District Lot 871, Range 2, Coast District; (3) District Lot 875, Range 2, Coast District; (4) Block A, District Lot 1036, Range 2, Coast District; and (5) that part below the natural boundary of the sea.

The whole conservancy containing approximately 18 558 hectares.

CRAB LAKE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1963.

The whole conservancy containing approximately 12 789 hectares.

FIORDLAND CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 3, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1963; except District Lot 1372, Range 3, Coast District, "Oatswish" Indian Reserve No. 13.

The whole conservancy containing approximately 84 417 hectares (76 825 hectares of upland and
7 592 hectares of foreshore).

GITXAAŁA NII ŁUUTIKSM/KITKATLA CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4 and Range 5, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1963; except (1) Dolphin Island, Indian Reserve No. 1; (2) "Grassy Islet" Indian Reserve No. 2; (3) "Sand Island" Indian Reserve No. 4; (4) the marine foreshore 200 metres perpendicularly distant from the present natural boundary of Dolphin Island, Grassy Islet and Sand Island; (5) District Lot 88, Range 4, Coast District; (6) District Lot 1769, Range 4, Coast District; (7) District Lot 1770, Range 4, Coast District; (8) District Lot 1792, Range 4, Coast District; (9) Block A, District Lot 1795, Range 4, Coast District; (10) Block A, District Lot 1797, Range 4, Coast District; and (11) that part of Sub-Area B lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 28 029 hectares (12 245 hectares of upland and 15 784 hectares of foreshore).

HUNWADIi/AHNUHATI -- BALD CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 1 and Range 2, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1963; except (1) District Lot 1527, Range 1, Coast District, "Ahnuhati" Indian Reserve No. 6; and (2) the land that was subject to timber licences TL7848P and TL6465P; and (3) that part below the natural boundary of the sea.

The whole conservancy containing approximately 34 532 hectares.

KITASOO SPIRIT BEAR CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 3 and Range 4, Coast District and contained within the boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 15 Tube 1963; except (1) District Lot 1357, Range 3, Coast District, "Quckwa" Indian Reserve No. 7; (2) District Lot 1358, Range 3, Coast District, "Goo-Ewe" Indian Reserve No. 8; (3) District Lot 1722, Range 3, Coast District; (4) District Lot 1362, Range 4, Coast District, "Kinmakanksk" Indian Reserve No. 6; (5) District Lot 1363, Range 4, Coast District, "Dil-Ma-Sow" Indian Reserve No. 5; (6) District Lot 1365, Range 4, Coast District, "Saint Joe" Indian Reserve No. 10; (7) District Lot 1366, Range 4, Coast District, "Ulthakoush" Indian Reserve No. 11; (8) District Lot 1367, Range 4, Coast District, "Lattkaloup" Indian Reserve No. 9; (9) "Canoona" Indian Reserve No. 2; and (10) that part below the natural boundary of the sea.

The whole conservancy containing approximately 102 875 hectares.

K'LGAAN/KLEKANE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1965; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 18 272 hectares.

K'MOODA/LOWE-GAMBLE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1964.

The whole conservancy containing approximately 14 454 hectares.

K'NABIYAAXL/ASHDOWN CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1963; except that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 727 hectares (454 hectares of upland and 273 hectares of foreshore).

KOEYE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 2, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1964; except (1) District Lot 2, Range 2, Coast District; (2) District Lot 1329, Range 2, Coast District; (3) District Lot 1330, Range 2, Coast District; (4) District Lot 1336, Range 2, Coast District; (5) a 30 metre right of way centred on Ministry of Forests' Road Permit RO3588, Road Sections Coldmain, Osbornemn and Nootummain; and (6) that part below the natural boundary of the sea.

The whole conservancy containing approximately 18 752 hectares.

K'OOTZ/KHUTZE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 1963; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 34 168 hectares.

KSI XTX'AT'KW/STAGOO CONSERVANCY

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 1964; except any part of Mineral Claim "Penny 16" 511374, Mineral Claim "Penny Creek 4" 510610, Mineral Claim "Penny Creek 5" 510611, Mineral Claim "Penny Creek 10" 510627, Mineral Claim "Penny Creek 9" 510625, Mineral Claim "Penny Creek 8" 510624, Mineral Claim "Penny Creek 7" 510623, Mineral Claim "Penny Creek 6" 510622, Mineral Claim "Penny Creek 13" 510632 and Mineral Claim "Penny Creek 15" 511367 lying outside the boundary of Mineral Reserve 410337 established by B.C. Reg. 334/2004, Stagoo South and within the boundaries shown on Plan 9 Tube 1964.

The whole conservancy containing approximately 11 555 hectares (11 430 hectares of upland and 125 hectares of foreshore).

LAX KA'GAAS/CAMPANIA CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1963; except that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 20 504 hectares (17 075 hectares of upland and 3 429 hectares of foreshore).

LAX KUL NII ŁUUTIKSM/BONILLA CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1963; except (1) "Kul" Indian Reserve No. 18; (2) District Lot 2536, Range 4, Coast District; and (3) that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 1 584 hectares (741 hectares of upland and 843 hectares of foreshore).

LAX KWIL DZIIDZ/FIN CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 10 Tube 1963; except (1) District Lot 2575, "Lachkul-jeets" Indian Reserve, No. 6; and (2) that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 1 902 hectares (1 234 hectares of upland and 668 hectares of foreshore).

MAHPAHKUM-AHḰWUNÁ/DESERTERS-WALKER CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 1, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 1963; except (1) Block A, District Lot 1830, Range 1, Coast District; (2) "Mahpahkum" Indian Reserve No. 4; and (3) that part below the natural boundary of the sea.

The whole conservancy containing approximately 931 hectares.

MOKSGM'OLl/CHAPPLE -- CORNWALL CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 3 and Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1963; except (1) District Lot 1195, Range 3, Coast District, "Lackzuswadda" Indian Reserve No. 9; (2) District Lot 2230, Range 4, Coast District, "Kahas" Indian Reserve No. 7; (3) District Lot 2574, Range 4, Coast District, "Kayel" Indian Reserve No. 8; (4) a 60 metre right-of-way centred on the existing road, shown in red on the Official Plan, accessing District Lot 3212 and District Lot 3213 from Whale Channel; (5) District Lot 3212, Range 4, Coast District; (6) District Lot 3213, Range 4, Coast District; and (7) that part below the natural boundary of the sea.

The whole conservancy containing approximately 29 116 hectares.

MONCKTON NII ŁUUTIKSM CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1964; except (1) "Toowartz" Indian Reserve No. 8; and (2) that part lying beyond a line drawn parallel to and 200 metres perpendicularly distant from the natural boundary of the sea.

The whole conservancy containing approximately 24 775 hectares (22 251 hectares of upland and 2 524 hectares of foreshore).

POOLEY CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 3, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1964; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 3 269 hectares.

Q'ALTANAAS/AALTANHASH CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 4, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1964; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 18 767 hectares.

ṪSA-LATĹ/SMOKEHOUSE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 2, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1964; except District Lot 734, Range 2, Coast District, "Halowis" Indian Reserve No. 5.

The whole conservancy containing approximately 37 891 hectares.

Schedule F

KT'II/RACEY CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 3, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1964; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 1 261 hectares.

 
Wildlife Act

23 Section 4 of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended

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

(1) In this section, "park", "conservancy" and "recreation area" have the same meanings as in the Park Act. , and

(b) in subsection (2) by striking out "a park or" and substituting "a park, a conservancy or".

Commencement

24 This Act comes into force by regulation of the Lieutenant Governor in Council.