Explanatory Notes

 
Park Act

SECTION 1: [Park Act, section 11]

• authorizes the minister to expropriate improvements on Crown land that are related to a forest tenure and for which compensation may be paid to the tenure holder under the Forest Act for the purposes of establishing or enlarging a park, conservancy or recreation area;
• clarifies that persons whose rights are expropriated for the purposes of establishing or enlarging a park, conservancy or recreation area are entitled to compensation;
• deletes Crown land that is in a forest tenure area from the forest tenure area on the establishment of that Crown land as all or part of a park, conservancy or recreation area and provides for compensation in respect of the deletion.

 
Protected Areas of British Columbia Act

SECTION 2: [Protected Areas of British Columbia Act, Schedule C]

• establishes 2 new parks;
• adds 2 parks that were previously established by order in council;
• amends the boundaries of 8 parks to enlarge their size, 2 of which, Entiako Park and Strathcona Park, are enlarged by the addition of land previously protected by order in council;
• repeals 3 metes and bounds descriptions of parks, replaces them with references to official plans and enlarges the sizes of the parks;
• amends the boundaries of 5 parks to reduce their size;
• repeals 8 other metes and bounds descriptions of parks and replaces them with references to official plans.

SECTION 3: [Protected Areas of British Columbia Act, Schedule C] reduces the size of Shuswap Lake Park and changes the description from metes and bounds to an official plan reference.

SECTION 4: [Protected Areas of British Columbia Act, Schedule D] amends the boundaries of 2 parks to reduce their size.

SECTION 5: [Protected Areas of British Columbia Act, Schedule D]

• establishes one new park;
• amends the boundaries of 4 parks to enlarge their size and, for 2 of them, changes the descriptions from metes and bounds to official plan references.

SECTION 6: [Protected Areas of British Columbia Act, Schedule E]

• establishes 31 new conservancies;
• amends the boundaries of 3 conservancies to enlarge their size.

SECTION 7: [Protected Areas of British Columbia Act, Schedule F] establishes 10 new conservancies.

 
Forest Act

SECTION 8: [Forest Act, section 60.5] is consequential to section 60.501 of the Forest Act as added by this Bill.

SECTION 9: [Forest Act, section 60.501] authorizes the minister to make orders in respect of deletions under section 11 (2.3) of the Park Act, from Crown land that is subject to forest tenures, which orders trigger the application of the compensation provisions for deletions from forest tenures under Part 4 of the Forest Act.

BILL 24 – 2007
PARKS AND PROTECTED AREAS STATUTES AMENDMENT ACT, 2007

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

 
Park Act

1 Section 11 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(a) in subsection (2) by striking out "or" at the end of paragraph (e), by adding ", or" at the end of paragraph (f) and by adding the following paragraph:

(g) improvements that are

(i) on Crown land referred to in subsection (2.3), and

(ii) described by section 60.92 of the Forest Act. ,

(b) by adding the following subsections:

(2.1) An expropriation under subsection (2) (g) is effective on the date the park, conservancy or recreation area to which it relates is established or enlarged.

(2.2) The holder of a right expropriated under subsection (2) is entitled to compensation

(a) in relation to a right referred to in subsection (2) (b), (c) or (d), in accordance with section 17.1 of the Mineral Tenure Act,

(b) in relation to a right referred to in subsection (2) (e) or (f), in accordance with section 4 of the Coal Act, and

(c) in relation to a right referred to in subsection (2) (g), in accordance with section 60.92 of the Forest Act, as if the expropriation were the result of an order under section 60, 60.01, 60.2, 60.3 or 60.4 of that Act.

(2.3) If the establishment or enlargement of a park, conservancy or recreation area requires Crown land in a

(a) timber supply area,

(b) timber licence area,

(c) tree farm licence area,

(d) community forest agreement area, or

(e) woodlot licence area,

the portion of Crown land required is deleted from the applicable area under paragraph (a), (b), (c), (d) or (e) effective on the date the park, conservancy or recreation area is established.

(2.4) The holder of a forest tenure affected by a deletion under subsection (2.3) is entitled to compensation in accordance with sections 60 to 60.4, 60.51 to 60.9 and 80.01 of the Forest Act. , and

(c) by repealing subsection (3) and substituting the following:

(3) In this section:

"community forest agreement area" has the same meaning as in the Forest Act;

"Crown granted 2 post claim" has the same meaning as in the Mineral Tenure Act;

"forest tenure" means the right to harvest Crown timber in an agreement referred to in section 12 (1) (a), (c), (d), (e) or (g) or (2) (a) of the Forest Act;

"timber licence area" means an area of land that is described under section 30 (a) of the Forest Act for a timber licence;

"timber supply area" has the same meaning as in the Forest Act;

"tree farm licence area" has the same meaning as in the Forest Act;

"woodlot licence area" has the same meaning as in the Forest Act.

 
Protected Areas of British Columbia Act

2 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended

(a) by adding the following descriptions:

ANDERSON FLATS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1978; except a 20 metre right of way centred on the travelled surface of Hazelton Station Road, No. 112.

The whole park containing approximately 99 hectares (83 hectares of upland and 16 hectares of foreshore).

BOOTHMAN'S OXBOW PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Similkameen Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1977.

The whole park containing approximately 43 hectares (36 hectares of upland and 7 hectares of foreshore).

MONCK PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kamloops Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1928; except (1) Monck Park Road RS 2679, established by Gazette notice, March 23, 1969; (2) Monck Park Road, shown on Plans KAP73064 and KAP73062; and (3) a 20 metre right of way centred on the road identified as non-status road, Ministry of Forests and Range file 0334705 and shown in red on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1928.

The whole park containing approximately 118 hectares (92 hectares of upland and 26 hectares of foreshore).

MOUNT ERSKINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in the North Salt Spring Island Division, Cowichan District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1978.

The whole park containing approximately 107 hectares. ,

(b) in the description of Babine Mountains Park by striking out "except Wood Lot 1506." and substituting "except (1) Wood Lot 1506; and (2) a 15 metre road right of way centred on Driftwood Road No. 23 to the entrance of the Sunny Point parking lot." and by striking out "31 465 hectares." and substituting "31 146 hectares.",

(c) in the description of Brackendale Eagles Park by striking out "Plan 1 Tube 1764;" and substituting "Plan 3 Tube 1979;", by striking out "and (7) "Yekwaupsum" Indian Reserve No. 19." and substituting "(7) "Yekwaupsum" Indian Reserve No. 19; and (8) Baynes Island Ecological Reserve." and by striking out "755 hectares." and substituting "765 hectares.",

(d) by repealing the descriptions of Brandywine Falls Park, Codville Lagoon Marine Park, Goat Range Park, Jackson Narrows Marine Park, Khutzeymateen Park, Klewnuggit Inlet Marine Park, Lowe Inlet Marine Park, Murrin Park, Naikoon Park, Oliver Cove Marine Park, Penrose Island Marine Park, Thurston Bay Marine Park and Union Passage Marine Park and substituting the following descriptions:

BRANDYWINE FALLS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 1, New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1979; except (1) the land shown on Highway Plan 105, Ministry of Transportation Explanatory Plan No. R10447-45, and on Sea to Sky Highway Improvement drawings DB13-SK808-2 (Revision PA), DB13-SK809-2 (Revision PA) and DB13-SK8010-2 (Revision PA), which plan and drawings are on file in the South Coast Regional Office of the Ministry of Transportation; and (2) District Lot 2945.

The whole park containing approximately 150 hectares.

CODVILLE LAGOON MARINE PARK

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 1970.

The whole park containing approximately 867 hectares (520 hectares of upland and 347 hectares of foreshore).

GOAT RANGE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kootenay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 15 Tube 1977; except (1) the Balfour-Kaslo-Galena Bay Highway No. 31 as shown on Plan 674P; (2) the Ministry of Forests and Range roads Craig Creek FSR 8432, Healy Creek FSR 7051 and Hope Creek FSR 9600; and (3) Lot 39, Block 1, Plan 892, District Lot 5704 (see XB2509).

The whole park containing approximately 79 124 hectares.

JACKSON NARROWS MARINE PARK

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 13 Tube 1970.

The whole park containing approximately 67 hectares (38 hectares of upland and 29 hectares of foreshore).

KHUTZEYMATEEN PARK
[a.k.a. Khutzeymateen/K'tzim-a-deen Grizzly Sanctuary]

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 5, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 1970; except (1) "Carm Creek" Indian Reserve No. 38, District Lot 3969; (2) "Kateen River" Indian Reserve No. 39, District Lot 3968; and (3) "Khutzeymateen" Indian Reserve No. 49, District Lot 3966.

The whole park containing approximately 45 052 hectares (44 588 hectares of upland and 464 hectares of foreshore).

KLEWNUGGIT INLET MARINE PARK

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 1971.

The whole park containing approximately 1 800 hectares (1 508 hectares of upland and 292 hectares of foreshore).

LOWE INLET MARINE PARK

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 1971; except (1) "Kumowdah" Indian Reserve No. 3; and (2) District Lot 2.

The whole park containing approximately 765 hectares (555 hectares of upland and 210 hectares of foreshore).

MURRIN PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 1, New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1978.

The whole park containing approximately 32 hectares.

NAIKOON PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1978; except (1) the Fractional Northeast 1/4 of District Lot 387; (2) Northeast 1/4 of District Lot 830A; (3) Southwest 1/4 of District Lot 834A; (4) South 1/2 of District Lot 865B; (5) Southeast 1/4 of District Lot 847A; (6) Southwest 1/4 of District Lot 851A; (7) Northeast 1/4 of District Lot 874; (8) the Fractional West 1/2 of District Lot 1005; (9) District Lot 1006B; (10) Southeast 1/4 of District Lot 1012; (11) Southwest 1/4 of District Lot 1027; (12) District Lot 1218; (13) District Lot 1350; (14) District Lot 1350A; (15) Lot A, District Lot 1354, Plan PRP 1616; (16) Parcel B (Plan 3362), District Lot 1354; (17) District Lot 1357; (18) District Lot 1358; (19) the westerly 320 acres of District Lot 1761; (20) "Hiellen" Indian Reserve No. 2; (21) "Yagan" Indian Reserve No. 3; (22) Tow Hill Ecological Reserve as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1912; (23) Rose Spit Ecological Reserve as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1911; and (24) Tow Hill Road No. 51, as shown on Plan 11978.

The whole park containing approximately 69 054 hectares (66 944 hectares of upland and 2 110 hectares of foreshore).

OLIVER COVE MARINE PARK

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 3 Tube 1971.

The whole park containing approximately 62 hectares (37 hectares of upland and 25 hectares of foreshore).

PENROSE ISLAND MARINE PARK

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 4 Tube 1971.

The whole park containing approximately 2 095 hectares (945 hectares of upland and 1 150 hectares of foreshore).

THURSTON BAY MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Sayward District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1971.

The whole park containing approximately 531 hectares (320 hectares of upland and 211 hectares of foreshore).

UNION PASSAGE MARINE PARK

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 15 Tube 1975.

The whole park containing approximately 1 444 hectares (1 014 hectares of upland and 430 hectares of foreshore). ,

(e) in the description of Echo Lake Park by striking out "and the west 1/2 of Legal Subdivision 11 of Section 12, all within Township 45." and substituting "and the west 1/2 of Legal Subdivision 11 of Section 12, all within Township 45; except the Ministry of Forests and Range road shown on the Official Plan deposited in the Crown Land Registry as Plan 15 Tube 1631.",

(f) in the description of Entiako Park by striking out everything in the first paragraph after "Crown Land Registry" and substituting "as Plan 1 Tube 1978; except Mineral Claim "CAP" 238045." and in the second paragraph by striking out "50 681 hectares." and substituting "126 023 hectares.",

(g) in the description of MacMillan Park by striking out "Plan 11 Tube 1936" and substituting "Plan 1 Tube 1962" and by striking out "157 hectares." and substituting "301 hectares.",

(h) in the description of Mount Edziza Park by striking out everything in the first paragraph after "Plan 9 Tube 1875;" and substituting "except (1) Mineral Claim "Red Dog 3" 222131; and (2) Mineral Claim "Red Dog 4" 222132." and by striking out "266 095 hectares." and substituting "266 180 hectares.",

(i) in the description of Mount Pope Park by striking out "Plan 7 Tube 1852;" and substituting "Plan 10 Tube 1978;",

(j) in the description of Roderick Haig-Brown Park by striking out everything after "Range 12, W6M, being the point of commencement;" and substituting the following:

except (1) Holding Road, No. 451; (2) Squilax-Anglemont Road, No. 446; (3) the road shown on Plan KAP42083 or on the Official Plan deposited in the Crown Land Registry as Plan 30 Tube 1465; (4) the road shown on Plan EPC #56 on file in the Crown Land Registry; and (5) the land shown on Plans KAP83136, KAP83135 and KAP48895.

Secondly: the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1778, containing approximately 88 hectares.

The whole park containing approximately 1 073 hectares. ,

(k) in the description of Rubyrock Lake Park by striking out "Plan 5 Tube 1852;" and substituting "Plan 7 Tube 1927;" and by striking out "41 232 hectares." and substituting "41 221 hectares.",

(l) in the description of Ruckle Park by striking out "Plan 29 Tube 1914." and substituting "Plan 1 Tube 1979." and by striking out "494 hectares." and substituting "529 hectares.",

(m) in the description of Stawamus Chief Park by striking out "except the statutory right of way 18497." and substituting "except the land shown on Plans BCP28611 and BCP28614." and by striking out "517 hectares." and substituting "516 hectares.", and

(n) in the description of Strathcona Park by adding "and Lot A, Blocks 1109 and 1467, Comox District, Plan VIP80882" after "Plan VIP71655" and by striking out "245 848 hectares." and substituting "245 849 hectares."

3 Schedule C is amended by repealing the description of Shuswap Lake Park and substituting the following:

SHUSWAP LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kamloops Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1978.

The whole park containing approximately 154 hectares (120 hectares of upland and 34 hectares of foreshore).

4 Schedule D is amended

(a) in the description of Anhluut'ukwsim Laxmihl Angwinga'asanskwhl Nisga'a by striking out everything after "being the point of commencement." and substituting the following:

except the New Aiyansh Village proposed south access road shown in Figure 4.1 of the October 2006 report titled "New Aiyansh Village Government, Proposed South Access Road, Nisga'a Memorial Lava Bed Park -- Boundary Adjustment Request", on file 84220-25-0386 in BC Parks and Protected Areas Program office in Victoria.

The whole park containing approximately 17 892 hectares. , and

(b) in the description of Mount Robson Park by striking out "and (9) those parcels shown in Railway Expansion Report dated December 12, 1989, filed on Parks Branch File 2-4-3-1-24." and substituting "(9) those parcels shown in Railway Expansion Report dated December 12, 1989, filed on Parks Branch File 2-4-3-1-24; and (10) the land shown as required for the construction of the Anchor Loop Project on drawings prepared by Terasen Pipelines (Trans Mountain) Inc. and titled "TMX -- Anchor Loop Project, Plan of Construction Boundaries in Mount Robson Provincial Park, British Columbia", Revision 4, dated January 19, 2007, on file 84220-25-0002 in BC Parks and Protected Areas Program office in Victoria." and by striking out "224 852 hectares." and substituting "224 374 hectares."

5 Schedule D is amended

(a) in the description of Burgoyne Bay Park by striking out "Plan 7 Tube 1910;" and substituting "Plan 1 Tube 1953;" and by striking out "334 hectares." and substituting "524 hectares.",

(b) by adding the following description:

GILPIN GRASSLANDS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Similkameen Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1977; except (1) Highway No. 3; (2) that part of District Lot 264 shown on the plan attached to Changes Parcel Book, Volume 3, Folio 350, No. 2778B Similkameen Division, Yale District; and (3) that part of District Lot 265 included in the plan attached to Changes Parcel Book, Volume 3, Folio 350, Similkameen Division, Yale District.

The whole park containing approximately 791 hectares (777 hectares of upland and 14 hectares of foreshore). ,

(c) by repealing the description of Gowlland Tod Park and substituting the following:

GOWLLAND TOD PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Highland District, Central Saanich District and Malahat District, and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1978.

The whole park containing approximately 1 279 hectares (954 hectares of upland and 325 hectares of foreshore). ,

(d) by repealing the description of Indian Arm Park and substituting the following:

INDIAN ARM PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in New Westminster District, Group 1 and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1978; except land and water administered by the Vancouver Port Authority.

The whole park containing approximately 6 688 hectares. , and

(e) in the description of Tantalus Park by striking out "Plan 4 Tube 1816." and substituting "Plan 9 Tube 1978." and by striking out "11 351 hectares." and substituting "11 432 hectares."

6 Schedule E is amended

(a) by adding the following descriptions:

ALTY 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 12 Tube 1971.

The whole conservancy containing approximately 8 463 hectares.

CRANSTOWN POINT 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 13 Tube 1967; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 95 hectares.

DZAWADI/KLINAKLINI ESTUARY 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 12 Tube 1968.

The whole conservancy containing approximately 808 hectares (259 hectares of upland and 549 hectares of foreshore).

EMILY LAKE 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 15 Tube 1967; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 1 230 hectares.

ETHELDA BAY -- TENNANT ISLAND 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 9 Tube 1971; except that part lying below the natural boundary of the sea.

The whole conservancy containing approximately 61 hectares.

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 2 Tube 1968; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 306 hectares.

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 5 Tube 1970; except (1) the reserve established under the Land Act in favour of Canada at Fanny Island and identified in Integrated Land Management Bureau, Ministry of Agriculture and Lands file 1403072; and (2) that part below the natural boundary of the sea.

The whole conservancy containing approximately 39 hectares.

K'DISTSAUSK/TURTLE POINT 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 6 Tube 1973; 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 142 hectares (106 hectares of upland and 36 hectares of foreshore).

KILBELLA ESTUARY 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 1968.

The whole conservancy containing approximately 376 hectares (206 hectares of upland and 170 hectares of foreshore).

KTISGAIDZ/MACDONALD 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 8 Tube 1972; 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 482 hectares (419 hectares of upland and 63 hectares of foreshore).

LADY DOUGLAS -- DON PENINSULA 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 14 Tube 1968; except (1) "Tankeah" Indian Reserve No. 5; (2) a 30 metre right of way centred on Ministry of Forests and Range road FSR 8994-01; (3) the log dump and sort area shown on Integrated Land Management Bureau, Ministry of Agriculture and Lands file 998406; and (4) that part below the natural boundary of the sea.

The whole conservancy containing approximately 11 190 hectares.

LARCOM LAGOON 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 6 Tube 1972.

The whole conservancy containing approximately 311 hectares (220 hectares of upland and 91 hectares of foreshore).

LOCKHART -- GORDON 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 4 Tube 1969; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 24 501 hectares.

MACHMELL 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 15 Tube 1968; except (1) a 30 metre right of way centred on Ministry of Forests and Range road FSR 7588; (2) a 30 metre right of way centred on Ministry of Forests and Range road FSR 8326; (3) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 6075; (4) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 6375; (5) the land in District Lot 397 that is subject to the Licence of Occupation described on Integrated Land Management Bureau, Ministry of Agriculture and Lands file 5405687; and (6) the land developed as an airstrip that lies parallel to the Ministry of Forests and Range road FSR 7588.

The whole conservancy containing approximately 1 814 hectares (1 735 hectares of upland and 79 hectares of foreshore).

MAXTAKTSM'AA/UNION PASSAGE 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 1973; except (1) "Tsimtack" Indian Reserve No. 7; (2) a 30 metre road centred on Tack Mainline and branch roads 110 and 130, Forest Licence A16841; (3) a 30 metre road centred on Moore Mainline, Forest Licence A16841; (4) Cutting Permits, Road Permit, and silvicultural prescriptions or plans for cutblocks 26215, 26258, 26148, H26142, 26154, H26139, H26136, H26263, H26112, 26166, 26109, 26103, Forest Licence A16841; and (5) 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 2 519 hectares (1 825 hectares of upland and 694 hectares of foreshore).

OUTER CENTRAL COAST ISLANDS 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 3 Tube 1969; except (1) "Koqui" Indian Reserve No. 6; and (2) that part below the natural boundary of the sea.

The whole conservancy containing approximately 14 839 hectares.

OWIKENO 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 5 Tube 1969; except (1) "Katit" Indian Reserve No. 1; (2) District Lot 162; and (3) a 30 metre right of way centred on Ministry of Forests and Range road FSR 6489.

The whole conservancy containing approximately 70 569 hectares.

PENROSE -- RIPON 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 4 Tube 1970; except (1) "Cockmi" Indian Reserve No. 3; (2) District Lot 1583; (3) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 14308; (4) Kvamus Forest Licence A65223, Cutting Permit 4, Cutblock RIP 3, Cutting Permit 6, Cutblock 5, Cutting Permit 7, Cutblock 4 and Cutting Permit 8, Cutblock RIP1; (5) Forest Licence A16850; (6) Ministry of Forests and Range Forest Licence To Cut Application A79801 by John Salo to allow for log salvaging; and (7) that part below the natural boundary of the sea.

The whole conservancy containing approximately 2 229 hectares.

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 6 Tube 1969; except (1) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 2049, Tree Farm Licence 45; (2) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 6758, Tree Farm Licence 39; (3) Mineral Claim "Phillips 1" 522554; (4) Mineral Claim "Phillips 2" 522557; (5) Mineral Claim "Phillips 3" 522560; (6) Mineral Claim "Phillips 4" 522562; and (7) Mineral Claim "Reserve 1" 522564.

The whole conservancy containing approximately 1 461 hectares (1 382 hectares of upland and 79 hectares of foreshore).

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 4 Tube 1968; except (1) District Lot 1748; and (2) that part below the natural boundary of the sea.

The whole conservancy containing approximately 45 hectares.

QWIQUALLAAQ/BOAT BAY 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 2 Tube 1967; except (1) District Lot 1751; (2) a 30 metre right of way centred on Road A as shown and identified on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1967; and (3) that part below the natural boundary of the sea.

The whole conservancy containing approximately 639 hectares.

RESCUE BAY 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 8 Tube 1969; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 221 hectares.

SHEARWATER HOT SPRINGS 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 13 Tube 1972; 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 33 hectares (18 hectares of upland and 15 hectares of foreshore).

SHEEMAHANT 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 11 Tube 1969; except (1) a 30 metre right of way centred on Ministry of Forests and Range road FSR 7975; and (2) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 0876, Forest Licence A16847.

The whole conservancy containing approximately 1 018 hectares (815 hectares of upland and 203 hectares of foreshore).

SIMPSON LAKE EAST 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 1972.

The whole conservancy containing approximately 54 hectares (22 hectares of upland and 32 hectares of foreshore).

SMITHERS ISLAND 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 1968; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 56 hectares.

STAIR CREEK 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 1973; 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 932 hectares (861 hectares of upland and 71 hectares of foreshore).

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 6 Tube 1967; except (1) "Nathlegalis" Indian Reserve No. 3, District Lots 726, 727, 728, 729, 730 and 731; (2) "Saagoombahlah" Indian Reserve No. 6; (3) "Khazisela" Indian Reserve No. 7; (4) District Lot 1216; (5) a 30 metre right of way centred on Ministry of Forests and Range road Greaves Island FSR 10335 (MB2000); and (6) that part below the natural boundary of the sea.

The whole conservancy containing approximately 10 223 hectares.

WAHKASH POINT 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 2 Tube 1970; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 189 hectares.

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 10 Tube 1969.

The whole conservancy containing approximately 327 hectares (290 hectares of upland and 37 hectares of foreshore).

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 12 Tube 1969; except (1) a 100 metre right of way centred on Ministry of Forests and Range Road Permit RO 4507, Tree Farm Licence 25; and (2) Mineral Claim "Never Sweat" 520822.

The whole conservancy containing approximately 742 hectares (538 hectares of upland and 204 hectares of foreshore). , and

(b) by repealing the descriptions of Bishop Bay Conservancy, and Gitxaala Nii Luutiksm/Kitkatla Conservancy and Ksi Xts'At'Kw/Stagoo Conservancy and substituting the following:

BISHOP BAY -- MONKEY BEACH 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 1972; except (1) timber harvesting areas A77633, Block A and 77634, Block A, Monkey Beach Development; 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 3 374 hectares (2 832 hectares of upland and 542 hectares of foreshore).

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) the area of land defined by commencing at UTM North 5972750 metres UTM Zone 9 on the natural boundary of the westerly shore of Kitkatla Inlet; thence to UTM North 5972750 metres East 388143 metres; thence to UTM 5972836 metres East 388087 metres; thence to North 5972836 metres East 387982 metres; thence to UTM North 5973290 metres East 387942 metres; thence to UTM North 5973290 metres East 388084 metres; thence to UTM North 5973654 metres East 388084 metres; thence to UTM North 5973651 metres on the westerly natural boundary of Kitkatla Inlet; thence following the natural boundary of the westerly shore of Kitkatla Inlet to UTM North 5973072 metres; thence to UTM North 5973072 metres East 388481 metres; thence to UTM North 5972834 metres East 388481 metres; thence to UTM North 5972834 metres on the natural boundary of Kitkatla Inlet; thence following the natural boundary of Kitkatla Inlet on the westerly shore thereof to the point of commencement; and (10) 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 28 050 hectares (12 269 hectares of upland and 15 781 hectares of foreshore).

KSI XTS'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.

The whole conservancy containing approximately 11 647 hectares (11 522 hectares of upland and 125 hectares of foreshore).

7 Schedule F is amended by adding the following descriptions:

BISHOP BAY -- MONKEY BEACH CORRIDOR 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 11 Tube 1975; except (1) those parts required for the ancillary facilities required for timber harvesting in lands excepted from or beyond the conservancy in the Monkey Beach Development; 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 13 hectares (5 hectares of upland and 8 hectares of foreshore).

CARTER BAY 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 1967.

The whole conservancy containing approximately 462 hectares (310 hectares of upland and 152 hectares of foreshore).

CETAN/THURSTON BAY CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Sayward District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1969; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 230 hectares.

CLYAK ESTUARY 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 12 Tube 1967; except a 30 metre right of way centred on Ministry of Forests and Range road FSR 8387-01.

The whole conservancy containing approximately 356 hectares (288 hectares of upland and 68 hectares of foreshore).

GOAT COVE 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 5 Tube 1968.

The whole conservancy containing approximately 95 hectares (74 hectares of upland and 21 hectares of foreshore).

GOOSE BAY 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 6 Tube 1968; except (1) a 30 metre right of way centred on Ministry of Forests and Range Road Permit RO 1406, Forest Licence A16850; (2) District Lot 1041; (3) District Lot 1228; (4) Block A, Block B and Block C, District Lot 1613; and (5) that part below the natural boundary of the sea.

The whole conservancy containing approximately 960 hectares.

K'WAAL 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 1975; except (1) "Quaal" Indian Reserve No. 3; (2) "Quaal" Indian Reserve No. 3A, District Lot 2231; 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 3 300 hectares (3 260 hectares of upland and 40 hectares of foreshore).

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 1970; except a 30 metre right of way centred on Ministry of Forests and Range road FSR 8366.

The whole conservancy containing approximately 485 hectares (333 hectares of upland and 152 hectares of foreshore).

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 1 Tube 1968; except (1) a 100 metre right of way centred on Ministry of Forests and Range road FSR 9125-01; and (2) that part in Frederick Arm below the natural boundary of the sea.

The whole conservancy containing approximately 2 978 hectares (2 330 hectares of upland and 648 hectares of foreshore).

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 1 Tube 1967; except that part below the natural boundary of the sea.

The whole conservancy containing approximately 237 hectares.

Related Amendments

 
Forest Act

8 Section 60.5 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "Subject to subsection (2)," and substituting "Subject to section 60.501 and subsection (2),".

9 The following section is added:

Deletions under the Park Act

60.501 (1) If, under section 11 (2.3) of the Park Act, Crown land is deleted from a tree farm licence area, community forest agreement area or woodlot licence area, the minister must

(a) make the order under section 60, 60.01, 60.2 or 60.3 of this Act the minister considers appropriate, and

(b) serve a notice of the order on the holder of the tree farm licence, community forest agreement or woodlot licence that includes or is accompanied by particulars of the deletion.

(2) If, under section 11 (2.3) of the Park Act, Crown land is deleted from the area described in a timber licence, the minister must make an order under section 60.3 of this Act in relation to the deletion and serve a notice on the holder of the timber licence that includes or is accompanied by particulars of the deletion.

(3) If, under section 11 (2.3) of the Park Act, Crown land is deleted from a timber supply area, the minister

(a) must serve a notice on the holder of a forest licence or timber sale licence affected by the deletion, advising whether there will be an order made under section 60.4 in relation to the forest licence or timber sale licence, and

(b) may make an order under section 60.4 in relation to a forest licence or timber sale licence affected by the deletion.

(4) A reduction in allowable annual cut under subsection (3) (b) is deemed to have been ordered on the date the deletion is effective under section 11 (2.3) of the Park Act.

Commencement

10 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

 
Explanatory Notes

 
Park Act

SECTION 1: [Park Act, section 11]

• authorizes the minister to expropriate improvements on Crown land that are related to a forest tenure and for which compensation may be paid to the tenure holder under the Forest Act for the purposes of establishing or enlarging a park, conservancy or recreation area;
• clarifies that persons whose rights are expropriated for the purposes of establishing or enlarging a park, conservancy or recreation area are entitled to compensation;
• deletes Crown land that is in a forest tenure area from the forest tenure area on the establishment of that Crown land as all or part of a park, conservancy or recreation area and provides for compensation in respect of the deletion.

 
Protected Areas of British Columbia Act

SECTION 2: [Protected Areas of British Columbia Act, Schedule C]

• establishes 2 new parks;
• adds 2 parks that were previously established by order in council;
• amends the boundaries of 8 parks to enlarge their size, 2 of which, Entiako Park and Strathcona Park, are enlarged by the addition of land previously protected by order in council;
• repeals 3 metes and bounds descriptions of parks, replaces them with references to official plans and enlarges the sizes of the parks;
• amends the boundaries of 5 parks to reduce their size;
• repeals 8 other metes and bounds descriptions of parks and replaces them with references to official plans.

SECTION 3: [Protected Areas of British Columbia Act, Schedule C] reduces the size of Shuswap Lake Park and changes the description from metes and bounds to an official plan reference.

SECTION 4: [Protected Areas of British Columbia Act, Schedule D] amends the boundaries of 2 parks to reduce their size.

SECTION 5: [Protected Areas of British Columbia Act, Schedule D]

• establishes one new park;
• amends the boundaries of 4 parks to enlarge their size and, for 2 of them, changes the descriptions from metes and bounds to official plan references.

SECTION 6: [Protected Areas of British Columbia Act, Schedule E]

• establishes 31 new conservancies;
• amends the boundaries of 3 conservancies to enlarge their size.

SECTION 7: [Protected Areas of British Columbia Act, Schedule F] establishes 10 new conservancies.

 
Forest Act

SECTION 8: [Forest Act, section 60.5] is consequential to section 60.501 of the Forest Act as added by this Bill.

SECTION 9: [Forest Act, section 60.501] authorizes the minister to make orders in respect of deletions under section 11 (2.3) of the Park Act, from Crown land that is subject to forest tenures, which orders trigger the application of the compensation provisions for deletions from forest tenures under Part 4 of the Forest Act.