BILL 84 – 2003
PARKS AND PROTECTED AREAS 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:

Park Act

1 The Park Act, R.S.B.C. 1996, c. 344, is amended by adding the following section:

Resort and tourism development

9.1 Nothing in section 8 (2) or 9 (2) prevents the issuance of a park use permit for an activity related to resort or tourism development if, in the minister's opinion, the activity and the development are consistent with or complementary to the recreational values of the park involved.

2 Section 12 (1) is amended

(a) by striking out "On the establishment of a park, the minister must specify the park" and substituting "The minister may specify a park",

(b) in paragraph (a) by striking out "its designation" and substituting "the park",

(c) in paragraphs (b) to (e) by striking out "its establishment" and substituting "the park", and

(d) in paragraph (f) by striking out "if the area is established a park for" and substituting "if the park has".

3 The following section is added:

Petroleum and natural gas tenures

33 (1) Despite anything in this Act but subject to this section, an authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park or recreation area.

(2) A person to whom an authorization, drilling licence, permit, lease or other right referred to in subsection (1) is issued or granted need not obtain a park use permit or resource use permit from the minister under this Act for the exploration, development or production activities so authorized or permitted.

(3) An authorization, drilling licence, permit, lease or other right referred to in subsection (1) may be issued or granted only if the proposed authorization, drilling licence, permit, lease or other right

(a) does not permit, authorize or allow entry on or occupation, use or disturbance of the surface of land within the park or recreation area, and

(b) does not grant any surface rights to land within the park or recreation area.

(4) If an authorization, drilling licence, permit, lease or other right referred to in subsection (1) conflicts or is inconsistent with subsection (3) (a) or (b), the authorization, drilling licence, permit, lease or other right is void to the extent of the conflict or inconsistency.

(5) A person to whom an authorization, drilling licence, permit, lease or other right is issued or granted in accordance with this section

(a) must not enter on or occupy, use or disturb the surface of the land within the park or recreation area for purposes of any authorized or permitted exploration for, or development or production of, petroleum or natural gas,

(b) must not authorize, direct or permit any other person to enter on or occupy, use or disturb the surface of the land within the park or recreation area for purposes described in paragraph (a), and

(c) must comply with all other terms and conditions imposed in the authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act.

(6) If the person referred to in subsection (5), or any other person acting on behalf of that person, contravenes subsection (5) (a) or (b), the minister may order either or both persons

(a) to cease or refrain from any or all exploration for, and development and production of, petroleum and natural gas in or from the park or recreation area,

(b) to restore the surface of the land that is affected by the contravention within the park or recreation area to a condition satisfactory to the minister,

(c) to do or refrain from doing anything else the minister considers necessary to restore, or to prevent further damage or harm to, the park or recreation area or the natural resources of the park or recreation area, and

(d) to pay to the government an amount of money as compensation for the cost of any remedial or preventative action taken by, or caused to be taken on behalf of, the government as a result of the contravention.

(7) A person to whom an order is directed under subsection (6) must comply with the order.

(8) If an order of the minister under subsection (6) is not carried out or is imperfectly or only partially carried out,

(a) the minister may have the order otherwise carried out to completion, and

(b) the expense to the government of carrying out the order to completion is a debt owing to the government by the person to whom the order was first directed, and is recoverable as such in a court of competent jurisdiction.

(9) A certificate of the minister in respect of the expense referred to in subsection (8) (b) is proof of the indebtedness and the amount of the debt.

 
Protected Areas of British Columbia Act

4 The Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended

(a) in Schedule C by repealing the descriptions of Inkaneep Park, Rubyrock Lake Park and Spatsizi Plateau Wilderness Park and substituting the following:

177 INKANEEP 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 following described boundaries:

Lot 926, District Lot 2450S, Plan 6070.

The unsurveyed part of District Lot 2450S which lies north of Lot 835, Plan 5753, east of Tugulnuit Road and south of the Ministry of Transportation's District Plan 4-D-97-8 (dated July, 1980).

That part of Lot 12 of District Lot 2450S, Plan A1211 lying to the south of Highway 3A/97, shown on the Ministry of Transportation's Plan of RW areas, Okanagan Highway No. 97, McAlpine Bridge No. 0363 Replacement, Parks RW Plan, Project 20315, File No. L2-97-85 (dated 10/02).

Lot 11 of District Lot 2450S, Plan A1211.

Lot 848 of District Lot 2450S, Plan A1211.

That part of Lot 847 (being 2 islets) of District Lot 2450S, Plan A1211 as shown in red on a plan filed on Ministry of Parks' File 2-2-1-13, and dated April 14, 1989, lying above the low watermark of the Okanagan River.

The whole park containing approximately 20.5 hectares.

336 RUBYROCK LAKE PARK

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 5 Tube 1852; except (1) a 30 metre right of way centred on the existing access roads to "Ilch'Az Uz Ta Tsoh" Indian Reserve No. 44 and "Ucausley" Indian Reserve No. 4; and (2) a 30 metre right of way centred on the existing access roads to "Ye Koo Che" Indian Reserve No. 3.

The whole park containing approximately 41 232 hectares.

374 SPATSIZI PLATEAU WILDERNESS PARK

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 11 Tube 1875; except (1) Mineral Claim "Al 5" 221994; (2) Mineral Claim "Al 6" 221995; (3) Mineral Claim "Bull" 222123; (4) Mineral Claim "Hyuk 1 Fr" 222360; (5) Mineral Claim "Hyuk 3 Fr" 222362; (6) Mineral Claim "A1 42" 302923; (7) Mining Lease 314708; (8) Coal Lease "12" 389292; (9) any land that was subject to forfeited Mining Lease 306619; (10) any land over which the following forfeited mineral claims were located: Mineral Claim "A1 1" 221814, Mineral Claim "A1 7" 222088, Mineral Claim "A1 8" 222089, Mineral Claim "Metsantan #2" 238253, Mineral Claim "Surprise" 238476, Mineral Claim "Wankle" 238473, Mineral Claim "Mets 4" 311918, Mineral Claim "Met 8" 340458, Mineral Claim "New-2" 357276, Mineral Claim "Mets-5" 357277 and Mineral Claim "Mets 1" 360359; and (11) Gladys Lake Ecological Reserve as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1875.

The whole park containing approximately 695 102 hectares. ,

(b) in Schedule C by repealing the description of Omineca Park and substituting the following:

295 OMINECA PARK

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 1911; except (1) Placer Claim "Bill 11" 268588; (2) Old Hogem Lot 1392; (3) a 30 metre right of way centred on Ministry of Forests' Thutade Forest Service Road 9147.01; (4) a 30 metre right of way centred on the non-status road accessing the Nina Lake area; and (5) a 30 metre road right of way centred on the existing road access to Old Hogem Lot 1392.

The whole park containing approximately 132 296 hectares. ,

(c) in Schedule D by repealing the description of Graham-Laurier Park and substituting the following:

31 GRAHAM-LAURIER PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1928.

The whole park containing approximately 98 868 hectares. , and

(d) in Schedule D by repealing the descriptions of Pine Le Moray Park and Tunkwa Park and substituting the following:

67 PINE LE MORAY PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and Cariboo District and contained within the following described boundaries:

Firstly: the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1847; except (1) the right of way of the British Columbia Railway, District Lot 13049, Cariboo District, shown on the Official Plan deposited in the Crown Land Registry as 6RY307; (2) the right of way of the British Columbia Railway, District Lot 4081, Peace River District shown on the preliminary plan prepared by Tom J. Tryon, BCLS, the survey completed October 26, 2000, a copy of which is on file with Crown Land Registry as 5RY307; (3) the right of way of the British Columbia Railway, District Lot 4082, Peace River District shown on the preliminary plan prepared by Tom J. Tryon, BCLS, the survey completed October 20, 2000, a copy of which is on file with Crown Land Registry as 4RY307; and (4) a 50 metre strip of land lying southerly and easterly of the pipeline right of way shown on the Official Plans deposited in the Crown Land Registry as Plan 1 Tube 508 and Plan 2 Tube 508.

Secondly: the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 1870; except (1) Ministry of Transportation's Gravel Reserve 0239965; and (2) the right of way of the British Columbia Railway, District Lot 13049, Cariboo District, shown on the Official Plan deposited in the Crown Land Registry as 6RY307.

The whole park containing approximately 43 245 hectares.

90 TUNKWA 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 9 Tube 1878; except (1) Block A, LS13, Section 9, Township 19, Range 21, W6M; (2) Block A, LS1, Section 17, Township 19, Range 21, W6M; (3) Blocks C, D, E, F, G, H, I, J, K, M, N, O, P, Q, R, S, T and W of Section 9, Township 19, Range 21, W6M; (4) Blocks A, B, C, D, E and F of Section 15, Township 19, Range 21, W6M; (5) Blocks G and H of Sections 15 and 16, Township 19, Range 21, W6M; (6) Blocks I, J and L of Section 16, Township 19, Range 21, W6M; (7) a 30 metre right of way centred on Ministry of Forests' Road 4100; (8) a 30 metre right of way centred on Ministry of Forests' Road 4240; (9) pipeline right of way as shown on the Official Plans deposited in the Crown Land Registry as Plan 8 Tube 883 and Plan 5 Tube 473, and in Land and Water British Columbia Inc.'s Files as RW 024649 and RW 0208767; and (10) an additional right of way of 15 metres wide adjoining the easterly side of RW 0274649 shown on Plan 8 Tube 883 deposited in the Crown Land Registry.

The whole park containing approximately 5 138 hectares.

Commencement

5 Section 4 (b) and (c) come into force by regulation of the Lieutenant Governor in Council.