BILL 51 – 2004
WILDLIFE AMENDMENT ACT, 2004

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

1 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended

(a) by repealing the definitions of "critical wildlife area", "endangered species", "threatened species" and "wildlife" and substituting the following:

"endangered species" means a species designated by regulation under section 6 (2) or (4) as an endangered species;

"threatened species" means a species designated by regulation under section 6 (3) or (4) as a threatened species;

"wildlife"

(a) means raptors and game and other species of vertebrates prescribed by regulation, and

(b) 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), includes fish,

but does not include species at risk; ,

(b) in paragraph (b) of the definition of "fish" by striking out "class Mollusca" and substituting "phylum Mollusca",

(c) in the definition of ' "habitat" or "wildlife habitat"' by striking out "wildlife depend" and substituting "wildlife or species at risk depend", and

(d) by adding the following definitions:

"critical species protection area" means land in a wildlife management area that is designated under section 5 (1) as a critical species protection area;

"developmental stage" includes larva, embryo, seed, spore, egg, sperm, pollen and asexual propagule;

"extirpated species" means a species designated by regulation under section 6 (1) as an extirpated species;

"native species" means a species that

(a) is indigenous to British Columbia, or

(b) has extended its range into British Columbia from another part of North America, unless

(i) the species was introduced to North America by human intervention or activities, or

(ii) any part of the extension of its range within North America was aided by human intervention or activities;

"species" means a species, sub-species, variety or genetically or geographically distinct population of

(a) animals,

(b) fish,

(c) plants, or

(d) other organisms, except bacteria and viruses;

"species at risk" means endangered, extirpated and threatened species;

"species individual" means a single member of a species, whether alive or dead, at any developmental stage;

"species residence" means, in relation to a species at risk, a place or area in, or a natural feature of, the habitat of the species at risk, or a class of such a place, area or natural feature, that is

(a) habitually occupied or used as a dwelling place by one or more species individuals of the species at risk, or

(b) considered by the Lieutenant Governor in Council as necessary for that occupation or use,

and is prescribed by the Lieutenant Governor in Council; .

2 Section 2 is amended

(a) in subsection (1) by striking out "wildlife" and substituting "wildlife, and species at risk described in paragraph (a) of the definition of "species",",

(b) by repealing subsections (2), (3) and (4) and substituting the following:

(2) A person does not acquire a right of property in any wildlife or species at risk except in accordance with a regulation, permit or licence issued under this Act or the Game Farm Act, an agreement under section 6.1 (3) of this Act or as provided in subsection (3) of this section.

(3) A person who

(a) lawfully kills wildlife, or a species individual of a species at risk described in paragraph (a) of the definition of "species", and

(b) complies with all applicable provisions of this Act and the regulations

acquires the right of property in that wildlife or species individual.

(4) If a person by accident or for the protection of life or property kills wildlife, or a species individual of a species at risk described in paragraph (a) of the definition of "species", the wildlife or species individual remains the property of the government, whether or not subsection (3) applies. , and

(c) in subsection (5) by repealing paragraphs (a) and (b) and substituting the following:

(a) wildlife,

(b) species at risk described in paragraph (a) of the definition of "species", or

(c) an animal that escapes or is released from captivity or is abandoned .

3 Section 5 (1) is repealed and the following substituted:

(1) If the minister requires land for habitat for a species at risk, the minister, by regulation, may designate land in a wildlife management area as a critical species protection area.

4 Section 6 is repealed and the following substituted:

Species at risk

6 (1) If the Lieutenant Governor in Council considers that a native species no longer exists in the wild in British Columbia, the Lieutenant Governor in Council may make regulations designating the species as an extirpated species.

(2) If the Lieutenant Governor in Council considers that a native species is in danger of imminent extirpation or extinction throughout all or a significant portion of its range in British Columbia, the Lieutenant Governor in Council may make regulations designating the species as an endangered species.

(3) If the Lieutenant Governor in Council considers that a native species is likely to become an endangered species in British Columbia unless the factors affecting its vulnerability are reversed, the Lieutenant Governor in Council may make regulations designating the species as a threatened species.

(4) If the Lieutenant Governor in Council considers that the population in British Columbia of a species listed in Schedule 1 to the Species at Risk Act (Canada), whether or not the species is a native species, is important for the conservation of the species, the Lieutenant Governor in Council may make regulations designating that species as an endangered species or a threatened species, as the Lieutenant Governor in Council considers appropriate.

Prohibition respecting species at risk

6.1 (1) A person must not do any of the following:

(a) kill, harm, harass, capture or take a species individual of a species at risk, except as authorized by regulation or by a permit or agreement under this section;

(b) damage or destroy a species residence of a species at risk, except as authorized by regulation or by a permit or agreement under this section;

(c) import live, into British Columbia, a species individual of a species at risk, except as authorized by regulation or by a permit or agreement under this section or a permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

(d) export from British Columbia a species individual of, or a part of, a species at risk, except as authorized by regulation or by a permit or agreement under this section or a permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

(e) traffic in species individuals of, or a part or the meat of, a species at risk, except as authorized by regulation or by a permit or agreement under this section;

(f) possess a species individual of, or a part of, a species at risk described in paragraph (a) or (b) of the definition of "species", except as authorized by regulation, by a licence under this Act or by a permit or agreement under this section;

(g) ship or transport in British Columbia, or engage another person to ship or transport in British Columbia, a species individual of, or a part of, a species at risk, except as authorized by regulation or by a permit or agreement under this section.

(2) A person who does anything prohibited by subsection (1) commits an offence.

(3) Subject to the regulations, the minister may

(a) issue a permit to, or enter into an agreement with, a person authorizing the person to do anything prohibited by subsection (1) in relation to a specified species at risk or species individual of a species at risk, or

(b) adopt a permit issued or agreement entered into by or on behalf of the Province or Canada,

for any of the following purposes:

(c) scientific research, education or conservation;

(d) benefiting the species at risk, including by enhancing the probability of the survival of the species at risk in the wild;

(e) if a person is otherwise authorized to engage in an activity that incidentally impacts a species at risk or a species individual, habitat or species residence of a species at risk, authorizing the person to engage in the activity.

(4) Before issuing a permit or entering into an agreement under subsection (3), the minister must be satisfied that

(a) all reasonable options have been considered and the activity authorized by the permit or agreement is the option that will have the least impact on the species at risk, and

(b) the activity will not jeopardize the survival or recovery of that species.

(5) The minister may impose terms and conditions in a permit or agreement under subsection (3) that the minister considers necessary for

(a) protecting the species, or

(b) minimizing the impact of the authorized activity on the species, its habitat or the species residences of its species individuals.

(6) A regional manager who has reasonable grounds for believing that the terms and conditions in a permit or agreement under subsection (3) are not being complied with may suspend, without the necessity of holding a hearing, the permit or the operation of the agreement.

(7) If a permit or the operation of an agreement is suspended under subsection (6), the regional manager must refer the matter to the minister and, after providing an opportunity for the person to be heard, the minister may confirm, reduce, extend or terminate the suspension or cancel the permit or agreement.

(8) If, on the date a species of wildlife is designated as a species at risk, a person possesses a species individual of the species of wildlife, or a part of a species individual of the species of wildlife, under a permit or other subsisting authorization under this Act, the permit or other authorization is deemed to be a permit issued under subsection (3) in relation to the species at risk or part.

No compensation in relation to protection of species at risk

6.2 Compensation is not payable by the government to a person for

(a) a reduction in the value or use of the person's interest in land, or

(b) any other damages or losses that result to the person

because of the obligation to comply with section 6.1 (1).

Application of this Act to species at risk

6.3 (1) Sections 3, 4, 7, 8, 27, 28, 33.1, 36, 38 to 40, 71, 75, 78, 79, 80, 82, 84.1 (1) (b), 88.1, 89, 92, 93, 94, 95, 97.1 to 97.6, 106, 107 (2), 109 and 111 apply in relation to species at risk as if those species were wildlife.

(2) Sections 19, 20 and 21 do not apply in relation to species at risk or to permits issued under section 6.1 (3) in relation to a species at risk.

5 Section 7 is amended

(a) in subsection (2) by striking out "or Petroleum and Natural Gas Act" and substituting ", Petroleum and Natural Gas Act or Pipeline Act", and

(b) in subsection (4) by striking out "critical wildlife area" and substituting "critical species protection area".

6 Section 19 (1) is amended by striking out "A regional manager" and substituting "Subject to section 6.3 (2), a regional manager".

7 Section 24 is amended

(a) in subsection (8) (a) by striking out "26 (1) (a)," and substituting "26 (1)",

(b) by repealing subsection (8) (b) and substituting the following:

(b) an offence, in relation to hunting, under section 6.1 (2) or 28 or subsection (6), (7) or (14) of this section, ,

(c) in subsections (8) (c) and (10) (b) by striking out "with respect" and substituting "in relation", and

(d) by repealing subsection (10) (a) and substituting the following:

(a) an offence, in relation to angling, under section 6.1 (2) or subsection (6), (7) or (14) of this section, .

8 Section 26 (1) (a) is repealed.

9 Section 78 (a) is amended by striking out "or an endangered species or threatened species".

10 Section 84 (1) (a) (i) is amended by striking out "6.1, 7 (1), 22, 26 (1) (a), (b)," and substituting "6.1 (2), 7 (1), 22, 26 (1) (b),".

11 Section 84.1 (1) (b) is amended by striking out ", endangered species or threatened species,".

12 Section 108 (2) (a) is repealed and the following substituted:

(a) respecting species at risk, including, without limitation,

(i) prescribing as species residences, in relation to a species at risk, places, areas or natural features of the habitat of the species at risk, or classes of such places, areas or natural features, that are described in paragraph (a) or (b) of the definition of "species residence",

(ii) authorizing a person or a class of persons to possess, in specified circumstances, a species individual of, or a part of, a species at risk, and

(iii) exercising in relation to species at risk any authority provided under this section in relation to wildlife; .

 
Consequential Amendments

 
Fish Protection Act

13 Sections 25 to 32 and 35 of the Fish Protection Act, S.B.C. 1997, c. 21, are repealed.

 
Forest and Range Practices Act

14 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended in paragraph (a) of the definition of "wildlife" by striking out "as wildlife" and substituting "as wildlife or extirpated, endangered or threatened species".

 
Prevention of Cruelty to Animals Act

15 Section 2 of the Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by striking out "wildlife, as defined in" and substituting "species at risk or wildlife, both as defined in".

 
Wildlife Amendment Act, 1999

16 Section 29 of the Wildlife Amendment Act, 1999, S.B.C. 1999, c. 24, is repealed.

Commencement

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