BILL 55 – 2003
WATER, LAND AND AIR PROTECTION STATUTES AMENDMENT ACT, 2003

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

 
Capital Region Water Supply and Sooke Hills Protection Act

1 Section 5 (1), (3) and (4) of the Capital Region Water Supply and Sooke Hills Protection Act, S.B.C. 1997, c. 5, is amended by striking out "Park (Regional) Act" and substituting "Local Government Act".

 
Drainage and Dyking Adjustment and Repeal Act, 1965
and various Dyking Assessments Adjustment Acts

2 The following Acts are repealed:

(a) the Drainage and Dyking Adjustment and Repeal Act, 1965, S.B.C. 1965, c. 10;

(b) the Dyking Assessments Adjustment Act, 1905, S.B.C. 1905, c. 20;

(c) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1907, S.B.C. 1907, c. 15;

(d) An Act to amend the "Dyking Assessments Adjustment Act, 1905", S.B.C. 1916, c. 17;

(e) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1917, S.B.C. 1917, c. 18;

(f) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1918, S.B.C. 1918, c. 25;

(g) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1920, S.B.C. 1920, c. 25;

(h) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1922, S.B.C. 1922, c. 21;

(i) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1925, S.B.C. 1925, c. 9;

(j) the Dyking Assessments Adjustment Act, 1905, Amendment Act, 1933, S.B.C. 1933, c. 17;

(k) the Dyking Assessments Adjustment Act, 1947, S.B.C. 1947, c. 26;

(l) the Dyking Assessments Adjustment Act, 1947, Amendment Act, 1961, S.B.C. 1961, c. 15;

(m) the Dyking Assessments Adjustment Act, 1962, S.B.C. 1962, c. 76.

 
Drinking Water Protection Act

3 Section 50 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, is repealed.

 
Environment Management Act

4 Section 21 of the Schedule to the Environment Management Act, R.S.B.C. 1996, c. 118, is amended by striking out "Park and Recreation Area Regulation" and substituting "Park Act".

 
Land Title Act

5 Section 274 (a) of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed.

 
Local Government Act

6 Section 188 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(a) in subsection (1) (a) by adding "or a regional district" after "municipality",

(b) by repealing subsection (1) (b), and

(c) in subsection (3) by adding "a regional park or a regional trail," after "park land,".

7 Section 797.1 is amended by adding the following subsection:

(6) Any bylaw under section 4 (1) (b) [powers of regional park district] of the Park (Regional) Act that is in effect on the date of repeal of that Act is deemed to be a bylaw of the regional district in which the regional park or regional trail is located.

8 The following section is added:

Continuation of regional parks and trails

799.1 (1) The repeal of the Park (Regional) Act does not alter or cancel an interest in, a right to, or the park status of, regional parks and regional trails set aside and dedicated under that Act.

(2) If, at the time of repeal of the Park (Regional) Act, a regional district provides a regional park or regional trail as a service under letters patent that refer to the Regional Parks Act, S.B.C. 1965, c. 43,

(a) the regional district may continue to provide this service in accordance with this Act as if the service were provided under the authority of an establishing bylaw for a service, and

(b) section 774.2 (3) to (6) [continuation of regional district services] applies as if the service were a continued service under that section.

9 Section 800.1 (2) (g) is amended by adding "and regional trails" after "regional parks".

10 Section 941 is amended by adding the following subsection:

(15) Any reserve fund established by a regional district under the Park (Regional) Act must be continued on the repeal of that Act as a special fund under Part 13 [Special Funds] of this Act held for the purpose of acquiring regional parks or regional trails.

11 The following section is added:

Disposition of regional parks and trails

941.1 (1) A regional district, by bylaw, may sell a regional park or regional trail or exchange it for other land to be used for park purposes.

(2) The regional district must place the proceeds of a sale under subsection (1) to the credit of a special fund under Part 13 [Special Funds] established for the purpose of acquiring regional parks or regional trails.

(3) Before adopting a bylaw under subsection (1), the board must provide a counter petition opportunity in relation to the proposed bylaw.

(4) All land taken in exchange under this section is dedicated for the purpose of a park and title to it vests in the regional district.

(5) Transfers of land under this section have effect free of any dedication to the public for the purpose of a park.

 
Mineral Tenure Act

12 Section 14 (5) (b) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by striking out "or the Park (Regional) Act;" and substituting "or a regional park under the Local Government Act;".

 
Ombudsman Act

13 Section 13 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed and the following substituted:

13 The Cultus Lake Park Board .

 
Park Act

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

(a) by repealing the definition of "department",

(b) by repealing the definition of "park officer" and substituting the following:

"park officer" means a director, an officer or an employee appointed under section 4 (1); ,

(c) by adding the following definition:

"park ranger" means a person appointed as a park ranger under section 4 (2); , and

(d) by adding the following definition:

"permit", in sections 20 and 21, means a park use permit or a resource use permit; .

15 Section 4 is repealed and the following substituted:

Directors, officers, employees and park rangers

4 (1) The minister may appoint one or more directors and other officers and employees under the Public Service Act to assist the minister in the performance of duties and the exercise of powers under this Act.

(2) The minister may appoint persons, or persons within a class of persons, to be park rangers.

(3) Subject to the regulations and to any limitations, terms and conditions that may be imposed by the minister under subsection (4), a park ranger is responsible for enforcing compliance with

(a) this Act and the regulations, and

(b) other prescribed enactments

within parks, recreation areas and any land, trail, path or waterway comprised in an order under section 6 (1).

(4) In appointing park rangers under subsection (2), the minister may

(a) limit the powers and functions that the person or persons within the class of persons may exercise and perform, and

(b) make the appointment subject to terms and conditions.

16 Section 18 is amended by striking out "an officer of the department under section 17" and substituting "a park officer under section 17".

17 Sections 20 and 21 are repealed and the following substituted:

Issuing permits

20 (1) Subject to this Act and only on receiving payment of the prescribed fees, the minister may issue a permit authorizing, on terms and conditions the minister may specify, a person to do anything for which a permit is required under this Act.

(2) The minister may issue a permit under subsection (1)

(a) on receiving an application for the permit and without a public competition for it, or

(b) after advertisement of an intention to issue the permit in accordance with subsection (3) (a) and with a public competition for the permit.

(3) Despite subsection (2) (a) but subject to subsection (4), a permit may not be issued to authorize the offering of goods, services, accommodation or equipment for sale, hire or rent to the public unless the following conditions are met:

(a) advertisement of the intention to issue the permit has been published in at least one issue of a newspaper circulated in

(i) that part of British Columbia in which the offering of goods, services, accommodation or equipment for sale, hire or rent to the public will occur under the permit, or

(ii) if the minister so requires, all of British Columbia or in a part of British Columbia different from that described in subparagraph (i);

(b) written approval for issuing the permit is given by a majority of a committee composed of

(i) the deputy minister, or his or her designate, as chair, and

(ii) 2 park officers designated by a director.

(4) The minister may waive the requirements of subsection (3) if the permit to be issued is

(a) a permit under section 30,

(b) in respect of the activities of an angling guide or guide outfitter, or

(c) for a term of not more than one year, is in respect of activities other than those described in paragraph (b) and will not authorize or involve the construction or installation of any improvements.

(5) An application for a permit must be made in the form and manner approved by the minister.

(6) Before issuing a permit under this Act, the minister may require that the permit be signed by the person to whom the permit is proposed to be issued.

Applications and assurances required for certain permits

21 A permit may not be issued under section 20 to authorize the removal, destruction, disturbance, damage or exploitation of any natural resource or any work, occupancy, undertaking or activity incidental to it unless

(a) the person to whom the permit is proposed to be issued makes an application for the permit in accordance with section 20 (5), and

(b) the application is accompanied by a written undertaking, executed by the person to whom the permit is proposed to be issued, to pay to the government, in addition to any other sums that may be or become payable under any other Act,

(i) the cost incurred by the government in surveying, cruising, examining and inspecting the area to be affected, and

(ii) the prescribed fees for the permit.

18 Section 28 is amended by adding the following subsections:

(5) The time limit for laying an information for an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the minister's attention.

(6) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified facts unless there is evidence to the contrary.

19 Section 29 is repealed and the following substituted:

Power to make regulations

29 (1) In this section, "park" includes any land, trail, path or waterway comprised in an order under section 6 (1).

(2) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(3) Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:

(a) for the administration, management, control, protection and development of a park or recreation area and the natural resources in a park or recreation area;

(b) respecting the protection of fauna, flora, soil, waters, fossils, natural features, air quality and cultural heritage resources in a park or recreation area;

(c) prohibiting or regulating and controlling, in a park or recreation area, any of the following:

(i) the possession or discharge of an explosive or of a firearm, bow, crossbow or any other weapon;

(ii) killing, hunting, trapping, angling for, or otherwise taking or disturbing, any animal, fish or bird, or the animals, fish and birds specified in the regulations, including, without limitation,

(A) setting the number, age and sex of specified animals, fish and birds that may be taken by a person within any specified period in the park or recreation area,

(B) designating the period during which any animal, fish or bird may be hunted, angled for or taken in the park or recreation area, and

(C) requiring a special licence under another enactment, a park use permit or a resource use permit to hunt, trap, angle for or otherwise take any animal, fish or bird in the park or recreation area;

(iii) guiding or the offering of guiding services;

(iv) the presence of pets, domestic animals, draft or riding animals or any other specified animals;

(v) access to the park or recreation area, including, without limitation, access by air;

(vi) persons and their activities or use of facilities in the park or recreation area, including, without limitation,

(A) prohibiting or regulating and controlling guiding activities or sports and leisure activities, camping or the lighting, fuelling or making use of fires,

(B) prohibiting or regulating and controlling the actions, activities, conduct and behaviour of any person, or any person for whom another person is made responsible under the regulations, and

(C) regulating and controlling groups and the number of persons permitted to use facilities in, or to travel through, the park or recreation area;

(vii) the exploitation, development, extraction or use of natural resources on or in the park or recreation area;

(viii) vehicular traffic, parking, speed and operation, including, without limitation, the use or presence of any vehicle on any road, highway, trail or elsewhere in the park or recreation area and providing for the towing and impoundment of vehicles in contravention of the regulations;

(d) respecting the powers, responsibilities and duties of a park officer or park ranger in managing a park or recreation area and in enforcing the laws that apply to, and in respect of, a park or recreation area, and prescribing enactments for the purposes of section 4 (3) (b);

(e) respecting the design, construction or modification of, and the posting of signs on, in or around, a park or recreation area and related facilities and premises;

(f) establishing fees payable to the government for a park use permit or resource use permit, including application fees and fees for processing and administering the permits;

(g) establishing fees, rates and charges payable to the government or to another person for

(i) use of a park or recreation area or a natural resource or facility of a park or recreation area including, without limitation, any land, campsite, road, parking facility, structure, work, installation or other improvement, and

(ii) maps, informational material, promotional or educational products or services sold or otherwise provided by the government or another person in a park or recreation area;

(h) providing for the collection of the fees, rates and charges under paragraphs (f) and (g);

(i) prescribing uses and services to be provided or permitted for the fees, rates and charges established under paragraph (g);

(j) restricting the application of the Wildlife Act in parks and recreation areas;

(k) respecting the conduct of proceedings of park boards for Class C parks and for the management, administration, regulation and control of Class C parks by those boards.

(4) A regulation under subsection (3) may be made in relation to one or more parks or recreation areas or a class of parks or recreation areas or be made specific to a particular portion of one or more parks or recreation areas.

(5) A regulation under subsection (3) may prescribe different fees, rates or charges for different classes of persons and may exempt different classes of persons from paying one or more of the fees, rates or charges.

 
Park (Regional) Act

20 The Park (Regional) Act, R.S.B.C. 1996, c. 345, is repealed.

 
Weather Modification Act

21 The Weather Modification Act, R.S.B.C. 1996, c. 486, is repealed.

 
West Coast National Park Act

22 The West Coast National Park Act, S.B.C. 1969, c. 41, is repealed.

 
Wildlife Act

23 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended in the definition of "wildlife" by striking out "for the purposes of sections 3 to 5, 7, 8 and 108 (2) (v)" and substituting "for the purposes of sections 3 to 5, 7, 8, 84 (6.1) to (6.4), 97.1 to 98.1 and 108 (2) (v)".

24 Section 11 is amended

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

(1) A person who hunts wildlife commits an offence unless the person holds all of the following:

(a) a hunting licence issued to the person under this Act;

(b) any limited entry hunting authorization that is required by regulation;

(c) any other licence that is required by regulation;

(d) any other permit that is required by regulation.

(1.1) Subsection (1) does not apply to a person under 14 years of age on whose behalf the parent or guardian holds a hunting licence issued in accordance with section 17 (5). ,

(b) by repealing subsections (3), (4) and (6), and

(c) in subsection (9) by striking out "Subsections (1) (a) (i), (iii) and (iv)" and substituting "Subsections (1) (a) and (c)".

25 Section 17 is amended

(a) in subsections (3) and (8) by striking out "or firearm licence", and

(b) by repealing subsection (6) and substituting the following:

(6) A person who has reached 19 years of age commits an offence if, without holding a hunting licence or being exempt from holding a hunting licence, the person accompanies another person who is carrying a firearm and is under 19 years of age.

26 Section 18 (a) is amended by striking out "or firearm licence".

27 Section 23 is repealed.

28 Section 24 is amended

(a) by repealing subsection (2) and substituting the following:

(2) After providing an opportunity for the person to be heard, the director may, for any cause considered sufficient by the director, do any of the following:

(a) prohibit, for a period within prescribed limits, the person from hunting, angling or carrying a firearm;

(b) cancel or suspend, for a period within prescribed limits, any limited entry hunting authorization or licence that is issued to the person under this Act or the regulations. ,

(b) in subsection (6) by adding "or" at the end of paragraph (b) and by repealing paragraph (c),

(c) by repealing subsection (7) and substituting the following:

(7) A person who does any of the following commits an offence:

(a) while ineligible to obtain a licence or limited entry hunting authorization, the person applies for or obtains a licence or limited entry hunting authorization;

(b) the person hunts while ineligible to obtain a hunting licence;

(c) the person angles while ineligible to obtain an angling licence. ,

(d) by repealing subsection (9),

(e) in subsections (11) and (13) by striking out "subsection (8), (9) or (10)" and by substituting "subsection (8) or (10)", and

(f) in subsection (14) by striking out "subsection (12) or (13)," and substituting "subsection (2), (12) or (13),".

29 Section 84 is amended by adding the following subsections:

(6.1) In subsections (6.2) to (6.4), "wildlife" includes a part of wildlife.

(6.2) If a thing, other than wildlife, has been seized in relation to an offence under this Act, the Firearm Act or their regulations, the court may

(a) order the thing forfeited to the government, if the court is satisfied that the thing was used in the commission of the offence or possessed in contravention of this Act, the Firearm Act or their regulations, or

(b) deal with the thing in accordance with section 24.2 (4) of the Offence Act and for this purpose section 24.2 (2) and (3) of the Offence Act do not apply.

(6.3) If a person is convicted of an offence under this Act, the Firearm Act or their regulations, the court must order returned to the government any wildlife seized in relation to that offence that has not already been disposed of under section 97.2, 97.3 or 97.6 if the wildlife was

(a) obtained by or used in the commission of that offence, or

(b) possessed in contravention of this Act, the Firearm Act or their regulations.

(6.4) Wildlife returned to the government under subsection (6.3) is to be disposed of as the minister directs.

30 Section 84.1 is amended by adding the following subsection:

(4) A person who contravenes an order under this section or section 84.2 commits an offence and is liable to the penalties provided for the offence in relation to which the order was made.

31 Section 88 is amended

(a) in subsections (1) and (2) by striking out "and firearm licence",

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

(3) On a request being made under subsection (1),

(a) the hunting licence of the person is suspended and the person must not hunt or carry a firearm, and

(b) the person must immediately surrender to the conservation officer or constable all firearms in the person's possession and the person's hunting licence. ,

(c) in subsection (4) by striking out "and the licences surrendered" and substituting "and the licence surrendered",

(d) in subsection (6) by striking out "and licences" and substituting "and licence",

(e) in subsection (7) by striking out "or firearm licence", and

(f) in subsection (8) by striking out "If a person who has been requested to surrender his or her licences under this section does not hold a hunting licence or firearm licence issued under this Act," and substituting "If a person who has been requested to surrender his or her licence under this section does not hold a hunting licence issued under this Act,".

32 Section 94 is amended by renumbering the section as section 94 (1) and by adding the following subsections:

(2) A conservation officer may seize wildlife or fish, or parts of either wildlife or fish, in a person's possession if the conservation officer believes on reasonable grounds that the right of property in that wildlife is with the government or remains in the government.

(3) Sections 23 to 24.2 of the Offence Act do not apply in respect of wildlife or fish, or parts of either wildlife or fish, seized under this Act.

33 The following sections are added:

Definitions

97.1 In sections 97.2 to 98.1:

"responsible official" has the same meaning as in section 24 (1) of the Offence Act;

"wildlife" includes a part of wildlife.

If live wildlife seized

97.2 Despite anything else in this Act, if live wildlife is seized under this Act, a conservation officer may dispose of the wildlife, or have the wildlife disposed of, by returning it to the natural environment if the conservation officer believes on reasonable grounds that the live wildlife is capable of surviving after release.

If perishable wildlife seized

97.3 Despite anything else in this Act, if wildlife is seized under this Act and a conservation officer believes on reasonable grounds that the wildlife may rot, spoil or otherwise perish, the conservation officer may dispose of the wildlife, or have the wildlife disposed of, as the minister directs.

Detention of seized wildlife

97.4 (1) Subject to sections 97.2 and 97.3, wildlife seized under this Act may be detained by the responsible official for no longer than 12 months from the day of seizure unless

(a) a trial, inquiry or hearing under this Act is instituted before the end of that period and the wildlife may be required in that trial, inquiry or hearing,

(b) an order authorizing the continued detention is made on application under subsection (2), or

(c) section 97.6 applies.

(2) On application by the responsible official on at least 3 days' notice to the person from whom the wildlife was seized, a Provincial Court judge may order the continued detention of the wildlife for a specified period, subject to any conditions the judge considers appropriate, if satisfied that

(a) the continued detention might reasonably be required for the purpose of an investigation, trial, inquiry or hearing under this Act, and

(b) it is in the interests of justice to make the order.

(3) If an application under subsection (2) has been made but is not yet decided, the period authorized for detention of the wildlife extends until the application is decided.

(4) A person aggrieved by an order under this section may appeal the order to the Supreme Court and, for the purposes of the appeal, sections 103 to 114 of the Offence Act apply.

Access to wildlife seized and detained as evidence

97.5 (1) On at least 3 days' notice to the minister, a person may apply to a Provincial Court judge for an order under subsection (2) that the person be permitted to examine wildlife detained under section 97.4.

(2) The judge may make an order that the applicant or a representative of the applicant be permitted to examine the wildlife, but must make the order on terms that the judge considers necessary or desirable to ensure that the wildlife is safeguarded and preserved for any purpose for which it may subsequently be required.

Disposition of wildlife seized and detained as evidence

97.6 (1) This section applies in respect of wildlife detained under section 97.4 if a responsible official determines that the wildlife is not required for law enforcement purposes and gives notice of that determination to the person from whom the wildlife was seized.

(2) The person from whom the wildlife was seized may make an application to a justice on at least 3 days' notice to the minister.

(3) An application under subsection (2) must be made within 30 days from the date that the person receives notice referred to in subsection (1).

(4) On the hearing of an application under subsection (2), the justice must order that the wildlife be returned

(a) to the person from whom it was seized, if satisfied that the person is lawfully entitled to the wildlife,

(b) to another person, if

(i) satisfied that the person from whom the wildlife was seized is not lawfully entitled to the wildlife but that the other person is, and

(ii) this other person is known, or

(c) if neither paragraph (a) nor (b) apply, to the government to be disposed of as the minister directs.

(5) A person aggrieved by an order under this section may appeal the order to the Supreme Court and, for the purposes of the appeal, sections 103 to 114 of the Offence Act apply.

(6) Despite anything in this section, wildlife must not be returned or disposed of under this section until the later of the following:

(a) 30 days after an order under subsection (4);

(b) if the order under subsection (4) is appealed, 30 days after the decision on the appeal has been given.

(7) If

(a) a person does not make an application within the time limit under subsection (2), or

(b) wildlife is ordered returned to a person under subsection (4) (a) or (b) and the person does not, within 60 days of that order, take possession of that wildlife,

the wildlife is returned to the government or forfeited to the government, as the case may be, to be disposed of as the minister directs.

34 Section 98 is repealed and the following substituted:

Disposition of other property seized

98 If property, other than wildlife, that is seized in relation to an offence under this Act, the Firearm Act or their regulations is ordered returned to a person under section 24.2 (4) (a) or (b) of the Offence Act and the person does not, within 6 months after receiving notice from the responsible official of that order, remove the property from the place specified in the notice, the property is forfeited to the government, to be disposed of as the minister directs.

Detention of other property seized until fine paid

98.1 (1) This section applies if

(a) a person is convicted of an offence under this Act, the Firearm Act or their regulations,

(b) property, other than wildlife, is ordered returned to that person under section 24.2 (4) (a) or (b) of the Offence Act, and

(c) a fine is imposed on the person by the court.

(2) Despite the order under section 24.2 (4) (a) or (b) of the Offence Act, the responsible official must deliver the property referred to in subsection (1) (b) of this section to the minister and the minister may detain the property until the fine is paid.

(3) If the fine is not paid within the time for payment set by the court, the property is forfeited to the government, to be disposed of as the minister directs.

(4) Proceeds of a disposition under subsection (3) must be applied towards payment of the fine referred to in subsection (1) (c).

35 The following section is added:

Notice requirements

107.1 Notice required by section 97.4 (2), 97.6 (1) or 98 may be given in accordance with section 101 (3).

Repeal of the Commercial River Rafting Safety Act

36 (1) The Commercial River Rafting Safety Act, R.S.B.C. 1996, c. 45, is repealed by regulation of the Lieutenant Governor in Council.

(2) A regulation made under subsection (1) may be made retroactive to a date on or after April 1, 2003 and if made retroactive is deemed to have come into force on the date specified in the regulation.

Commencement

37 (1) Section 3 comes into force on the repeal of section 6 of the Commercial River Rafting Safety Act.

(2) Sections 14 (b) and (c) and 15 come into force by regulation of the Lieutenant Governor in Council.