BILL
NUMBER		 TITLE DATE
INTRODUCED
M202 WILDLIFE AMENDMENT ACT, 2023
(First Reading) 		Feb. 8/23

Commencement:
5 This Act comes into force on the date of Royal Assent.

 
Explanatory Notes

CLAUSE 1: [Wildlife Act, section 1] adds a definition of "bear den".

CLAUSE 2: [Wildlife Act, section 9.1] creates a new offence.

CLAUSE 3: [Wildlife Act, section 84] is consequential to the addition of section 9.1 to the Act by this Bill.

CLAUSE 4: [Wildlife Act, section 108] provides the Lieutenant Governor in Council with additional regulation-making powers respecting the preservation, protection and management of bear dens.

BILL M202 – 2023
WILDLIFE AMENDMENT ACT, 2023

HIS 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 by adding the following definition:

"bear den" means a cavity within a tree, a snag, a stump or a log, greater than 0.80 metres in diameter, that is used by bears, shows evidence of use by bears, or is capable of being used by bears.


2 The following section is added to Part 1:

Damaging bear dens

9.1 (1) A person commits an offence if the person, except as provided by regulation, disturbs, molests, damages or destroys a bear den.

(2) Subsection (1) applies to a bear den located on Crown land or private land throughout British Columbia.


3 Section 84 (1) (b) (i) is amended by striking out "under section 7 (5), 9, 17.1 (4)" and substituting "under section 7 (5), 9, 9.1, 17.1 (4)".


4 Section 108 (2) is amended by adding the following:

(b.2) respecting the preservation, protection and management of bear dens, including, without limitation, by

(i) establishing classes based on the species of the genus of Ursus using bear dens,

(ii) establishing classes based on an ecosystem or area of British Columbia in which a bear den is located,

(iii) prescribing protected areas of continguous mature or old forest around a bear den, and

(iv) prescribing the minimum distance that must exist between a bear den and a road, a right of way, or other structure or activity that may cause negative effects on bears using a bear den; .

Commencement

5 This Act comes into force on the date of Royal Assent.


Explanatory Notes

CLAUSE 1: [Wildlife Act, section 1] adds a definition of "bear den".

CLAUSE 2: [Wildlife Act, section 9.1] creates a new offence.

CLAUSE 3: [Wildlife Act, section 84] is consequential to the addition of section 9.1 to the Act by this Bill.

CLAUSE 4: [Wildlife Act, section 108] provides the Lieutenant Governor in Council with additional regulation-making powers respecting the preservation, protection and management of bear dens.