The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. ROB FLEMING
As host to 76 per cent of Canada's bird species, 70 per cent of its freshwater fish species, and 60 per cent of its conifer species, British Columbia is Canada's most biodiverse province. Recognizing the rich biological diversity in the province, this Act brings into force the protection of British Columbia's native wildlife species and their habitat. Currently, 1,300 species are at risk in British Columbia and this Act seeks to reverse this trend and put in place strong stand alone legislation to protect endangered species across the province. The purposes of this Act are to identify species at risk based on the best available scientific information including information obtained from community knowledge and aboriginal traditional knowledge; to protect species that are at risk and their habitats, and to work towards the recovery of species that are at risk. Furthermore, this Act will promote stewardship activities to assist in the protection and recovery of species that are at risk.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The purposes of this Act are
(a) to prevent species from being extirpated or becoming extinct;
(b) to identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge;
(c) to protect species that are at risk and their habitats, and to provide for the recovery of species that are at risk; and
(d) to promote stewardship activities to assist in the protection and recovery of species that are at risk.
2 (1) In this Act,
"aboriginal person" means a member of the aboriginal peoples of Canada, as defined in section 35 of the Constitutional Act, 1982;
"SaRCO" means the Species at Risk Coordination Office;
"ecosystem" means a complete system composed of human beings, other animals and plants in a defined area, and with the soil and climate comprising their habitat in that area;
"enforcement officer" means an enforcement officer under section 21;
"habitat" means,
(a) with respect to a species of animal, plant or other organism for which a regulation made under subsection 55 (1) (a) is in force, the area prescribed by that regulation as the habitat of the species, or
(b) with respect to any other species of animal, plant or other organism, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding, including the area where the species formerly occurred or has the potential to be reintroduced if necessary for survival or recovery,
and includes places in the area described in subsection (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences;
"justice" has the same meaning as in the Provincial Offences Act;
"Minister" means the Minister of Agriculture and Lands or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act;
"Ministry" means the Ministry of the Minister;
"person" includes an unincorporated body referred to in paragraph 1, 2 or 3 of subsection 19 (1);
"recovery strategy" means a strategy prepared under section 11 for the recovery of a species;
"regulations" means the regulations made under this Act;
"species" means a species, subspecies, variety or genetically or geographically distinct populations of animal, plant or other organism, other than a bacterium or virus, that is native to British Columbia or has extended its range permanently into British Columbia without human intervention.
"Species at Risk in British Columbia List" means the regulations made under section 7.
Part Two — Classification of Species
3 (1) The Species at Risk Coordination Office is continued.
(2) SaRCO must be composed of such number of members as may be appointed by the Lieutenant Governor in Council.
(3) The Lieutenant Governor in Council must designate one of the members as chair of SaRCO.
(4) A person may be appointed to SaRCO only if the Minister considers that the person has relevant expertise that is drawn from,
(a) a scientific discipline such as conservation biology, population dynamics, taxonomy, systematics, genetics or climatology; or
(b) aboriginal traditional knowledge.
(5) The members of SaRCO must perform their functions in an independent manner, and not as representatives of their employers or of any other person or body.
(6) A member of SaRCO must not, with respect to any matter related to this Act,
(a) act as a consultant lobbyist within the meaning of subsection 1 (1) of the Lobbyist Registration Act, 2001; or
(b) act as an in-house lobbyist within the meaning of subsection 1 (1) of the Lobbyist Registration Act, 2001.
4 (1) SaRCO must perform the following functions:
(a) Subject to section 5, maintain criteria for assessing and classifying species.
(b) Maintain and prioritize a list of species that should be assessed and classified, including species that should be reviewed and, if appropriate, reclassified.
(c) Subject to section 8, assess, review and classify species in accordance with the list maintained under subsection (b).
(d) Submit reports to the Minister in accordance with this Act.
(e) Provide advice to the Minister on any matter submitted to SaRCO by the Minister.
(f) Perform any other function required under this or any other Act.
(2) SaRCO must ensure that the list referred to in paragraph (b) of subsection (1) includes every British Columbia species that,
(a) has been classified by the Committee on the Status of Endangered Wildlife in Canada as extirpated, endangered, threatened or of special concern under the Species at Risk Act (Canada); and
(b) has not yet been assessed by SaRCO.
(3) SaRCO must ensure that the Minister is provided with up to date copies of the criteria referred to in subsection (1) (a) and the list referred to in subsection (1) (b).
5 (1) For the purposes of this Act, SaRCO must classify species in accordance with the following rules:
(a) A species must be classified as an extinct species if it no longer lives anywhere in the world.
(b) A species must be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in British Columbia, but no longer lives in the wild in British Columbia.
(c) A species must be classified as an endangered species if it lives in the wild in British Columbia but is facing imminent extinction or extirpation.
(d) A species must be classified as a threatened species if it lives in the wild in British Columbia, is not endangered, but is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation.
(e) A species must be classified as a special concern species if it lives in the wild in British Columbia, is not endangered or threatened, but may become threatened or endangered because of a combination of biological characteristics and identified threats.
(2) When SaRCO classifies a species, the classification is deemed to apply to all of British Columbia unless British Columbia unless SaRCO indicates that the classification applies only to a specified geographic area in British Columbia.
(3) SaRCO must classify species based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge.
(4) SaRCO must apply the principle that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.
(5) Any person who considers that there is an imminent threat to the survival of a species may apply to SaRCO for the classification of a species and SaRCO must within one year classify the species.
(6) The application must include relevant information indicating that there is imminent threat to the survival of a species.
6 (1) SaRCO may at any time submit a report to the Minister that,
(a) classifies a species as an extinct, extirpated, endangered, threatened or special concern species;
(b) states that an assessment of a species indicates that it is not at risk; or
(c) states that there is insufficient information available to classify a species.
(2) SaRCO must annually submit a report to the Minister on its work, and must include in the report the classification of each species that SaRCO classified since its last annual report and the reasons for the classification.
7 (1) The Ministry official who holds the office designated under subsection (6) must within 9 months after receiving the report from SaRCO make and file a regulation that lists the following:
(a) All the species that are classified by SaRCO as extirpated species.
(b) All the species that are classified by SaRCO as endangered species.
(c) All the species that are classified by SaRCO as threatened species.
(d) All the species that are classified by SaRCO as special concern species.
(2) The Ministry official must ensure that the regulation contains information for each species, including
(a) the common name and scientific name of the species;
(b) SaRCO's classification of the species; and
(c) if SaRCO indicated that the classification applies only to a specified geographic area, the area specified by SaRCO.
(3) The Ministry official must make and file such amendments to the regulation as are required to ensure that the regulation accurately reflects new information reported to the Minister by SaRCO.
(4) For the purpose of subsection (3), if the Minister receives a report from SaRCO classifying or reclassifying a species, the Ministry official must, not later than three months after the day the report is received, make and file an amendment to the regulation so that the regulation accurately reflects new information contained in the report.
(5) A regulation under this section comes into force on the day it is filed.
(6) The Minister must, for the purposes of this section, designate an office within the Ministry that is held by a public servant.
(7) The Ministry official must make and file the first regulation under this section not later than the day this section comes into force, and the regulation must
(a) list each of the species set out in Schedule 1 as an endangered species and, if a footnote to Schedule 1 specifies a geographic area for a species, indicate that the classification of the species as an endangered species applies to that area;
(b) list each of the species set out in Schedule 2 as an extirpated species;
(c) list each of the species set out in Schedule 3 as an endangered species;
(d) list each of the species set out in Schedule 4 as a threatened species and, if a footnote to Schedule 4 specifies a geographic area for a species, indicate that the classification of the species as a threatened applies to that area; and
(e) list each of the species set out in Schedule 5 as a special concern species and, if a footnote to Schedule 5 specifies a geographic area for a species, indicate that the classification of the species as a special concern applies to that area.
(8) For the purpose of subsections (1) and (2), any classifications or geographic areas that are required by subsection (7) to be included in a regulation and that are not classifications made by or geographic areas specified by SaRCO must be deemed to be classifications made by or geographic areas specified by SaRCO, but nothing in subsection (7) or this subsection prevents SaRCO from submitting a report to the Minister under this Act that reclassifies a species listed in the regulation under subsection (7).
(9) If, on or after the date of the first reading of this Act, and before this section comes into force, SaRCO reported the classification or reclassification of a species to the Minister, the Ministry official must,
(a) if the species is not set out in any of Schedules 1 to 5 and is classified by SaRCO as an extirpated, endangered, threatened or special concern species, include SaRCO's classification of the species in the regulation made under subsection (7);
(b) if the species is set out in any of Schedules 1 to 5 and is reclassified by SaRCO as an extirpated, endangered, threatened or special concern species, include SaRCO's reclassification of the species in the regulation made under subsection (7), instead of the classification that would otherwise apply under subsection (7); and
(c) if the species is set out in any of Schedules 1 to 5 and clause (b) does not apply, not include the species in the regulation made under subsection (7), despite that subsection.
(10) Despite subsection (5), if a regulation is made under subsection (7) before this section comes into force, the regulation comes into force on the day this section comes into force.
8 (1) If a species is not listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species but the Minister is of the opinion that the species may be facing imminent extinction or extirpation, the Minister shall require SaRCO to assess and classify the species and, not later than the date specified by the Minister, to submit a report to the Minister under section 6.
(2) If a species is listed on the Species at Risk in British Columbia List and the Minister is of the opinion that credible scientific information indicates that the classification on the List is not appropriate, the Minister may require SaRCO to reconsider the classification and, not later than the date specified by the Minister, to submit a report to the Minister under section 6 indicating whether SaRCO confirms the classification or reclassifies the species.
(3) Subsection (2) applies, with necessary modifications, if SaRCO has reported to the Minister its classification of a species as an extirpated, endangered, threatened or special concern species but the Species at Risk in British Columbia List has not yet been amended in accordance with subsection 7 (4) to reflect the classification.
(4) A requirement imposed by the Minister under subsection (3) does not delay or otherwise affect the obligation to comply with subsection 7 (4) or the application of this Act to the species.
(5) The Minister must not require SaRCO to do anything under this section unless he or she has consulted with the chair of SaRCO.
(6) The Minister must apply the principle that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.
Part Three — Protection and Recovery of Species
9 (1) No person shall
(a) kill, harm, harass, capture or take a living member of a species that is listed on the Species at Risk in British Columbia List as extirpated, endangered or threatened species;
(b) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade,
(i) a living or dead member of a species that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species,
(ii) any part of a living or dead member of a species referred to in subclause (i),
(iii) anything derived from a living or dead member of a species referred to in subclause (i); or
(c) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in subclause (b) (i), (ii) or (iii).
(2) Subsection (1) (b) does not apply to a member of a species that originated outside British Columbia if it was lawfully killed, captured or taken in the jurisdiction from which it originated.
(3) If the Species at Risk in British Columbia List specifies a geographic area that a classification of a species applies to, subsection (1) only applies to that species in that area.
(4) Subsection (1) (b) does not apply to possession by the Crown.
(5) If the Crown is in possession of anything referred to in subsection (1) (b), the Minister may transfer it to another person or body to possess it, despite subsection (1) (b) for
(a) scientific or educational purposes; or
(b) traditional cultural, religious or ceremonial purposes.
(6) A reference in this section to a member of a species
(a) includes a reference to a member of the species at any stage of its development;
(b) includes a reference to a gamete or asexual propagule of the species; and
(c) includes a reference to the member of the species, whether or not it originated in British Columbia.
10 (1) No person shall damage or destroy the habitat of
(a) a species that is listed on the Species at Risk in British Columbia List as an endangered or threatened species; or
(b) a species that is listed on the Species at Risk in British Columbia List as an extirpated species, if the species is prescribed by the regulations for the purpose of this clause.
(2) If the Species at Risk in British Columbia List specifies a geographic area that a classification of a species applies to, subsection (1) applies to that species only in that area.
(3) Subsection (1) (a) does not apply to a species that is listed on the Species at Risk in British Columbia List as an endangered or threatened species under subsection 7 (7) (c) or (d) until the earlier of
(a) The date that a regulation made under subsection 55 (1) (a) that applies to the species comes into force; or
(b) the second anniversary of the day section 7 comes into force for endangered species; and
(c) the third anniversary of the day section 7 comes into force for threatened species.
11 (1) The Minister must establish a recovery team to prepare recovery strategies for each species that is listed on the Species at Risk in British Columbia List as an endangered or threatened species.
(2) A strategy prepared for a species under subsection (1) must include:
(a) an identification of the habitat of the species, that is necessary for the survival and recovery of the species.
(b) a description of the threats to the survival and recovery of the species and its habitat;
(b.1) a description of species classified by SaRCO or listed pursuant to section 7 that co-occur with the species for which the recovery strategy is being prepared;
(c) recommendations to the Minister and other persons on
(i) objectives for the protection and recovery of the species,
(ii) approaches to achieve the objectives recommended under subparagraph (i), and
(iii) the area that should be considered in developing a regulation under subsection 55 (1) (a) that prescribes an area as the habitat of the species;
(iv) whether a multi-species or ecosystem approach would be appropriate;
(d) such other information as is prescribed by the regulations
(3) In preparing a strategy under subsection (1), the persons who are preparing the strategy must consider the principle that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.
(3.1) In preparing a strategy under subsection (1), the persons who are preparing the strategy must base the strategy on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge.
(4) The Minister must ensure that a strategy prepared under subsection (1) is made available to the public under section 51 not later than
(a) the first anniversary of the date the species is listed on the Species at Risk in British Columbia as an endangered species; or
(b) the second anniversary of the date the species is listed on the Species at Risk in British Columbia List as a threatened species.
(5) The Minister must ensure that a strategy is prepared for the recovery of a species that is listed on the Species at Risk in British Columbia List as an extirpated species if the Minister is of the opinion that reintroduction of the species into British Columbia is feasible.
(5.1) prior to finalizing a strategy, all proposed strategies must be made available for public review for a two month comment period, and shall be finalized within one month of the closure of the public review period.
(6) Within nine months after a recovery strategy is prepared under this section, the Minister must publish a statement that summarizes the actions that the Government of British Columbia intends to take in response to the recovery strategy and the Government's priorities with respect to taking those actions.
(6.1) The Government's priorities with respect to taking those actions must reflect that:
(i) where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing feasible measures to avoid or minimize such a threat.
(7) The Minister must ensure the implementation of the actions referred to in a statement published under subsection (6) that, in the opinion of the Minister, are feasible and are within the responsibilities of the Minister.
(8) If statements have been published under subsection (6) in respect of more than one species, subsection (7) is subject to the right of the Minister to determine the relative priority to be given to the implementation of actions referred to in those statements.
(9) Not later than five years after a statement is published under subsection (6), the Minister must ensure that a review is conducted of progress towards the protection and recovery of the species
(10) The Minister may consider social and economic factors in reaching his or her opinion on whether something is feasible for the purpose of subsection (5), (6.1) or (7) and must consider:
(i) that a healthy environment is essential to social and economic wellbeing; and,
(ii) that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
12 (1) The Minister must ensure that a management plan is prepared for each species that is listed on the Species at Risk in British Columbia List as a special concern species.
(2) Subsection (1) does not apply to a species for which the preparation of a recovery strategy or management plan is required under section 37 or 65 of the Species at Risk Act (Canada).
(3) The Minister must ensure that prior to finalizing a management plan prepared under subsection (1), the management plan will be made for public review for a two month period and must be finalized within one month after the public review period. The final management plan must be made available to the public under section 51 not later than the fifth anniversary of the date the species is listed on the Species at Risk in British Columbia List.
(4) Subsection (3) does not apply to a management plan if, before the time limit set out in subsection (3) expires, the Minister publishes a notice on the Ministry's website that
(a) states that the Minister is of the opinion that additional time is required to prepare the management plan because of
(i) the complexity of the issues,
(ii) the desire to prepare the management plan in cooperation with one or more other jurisdictions, or
(iii) the desire to give priority to the preparation of recovery strategies or management plans for other species;
(b) sets out the Minister's reasons for the opinion referred to in clause (a); and
(c) provides an estimate of when the preparation of the management plan will be completed.
(5) Within nine months after a management plan is prepared under this section, the Minister must publish a statement that summarizes the actions that the Government of British Columbia intends to take in response to the management plan, and the Government's priorities with respect to taking those actions.
(6) The Minister must ensure the implementation of the actions referred to in a statement published under subsection (5) that, in the opinion of the Minister, are feasible and are within the responsibilities of the Minister.
(7) If statements have been published under subsection (5) or 11(6) in respect of more than one species, subsection (5) is subject to the right of the Minister to determine the relative priority to be given to the implementation of actions referred to in those statements.
(8) The Minister may consider social and economic factors in reaching his or her opinion on whether something is feasible for the purpose of subsection (6).
13 A recovery strategy or management plan may be prepared under section 11 or 12 using an ecosystem approach.
14 A recovery strategy or management plan may be prepared under section 11 or 12 for more than one species, whether or not the species are part of the same ecosystem.
15 A recovery strategy or management plan prepared under section 11 or 12 may incorporate all or part of an existing plan that relates to the species.
Part Four — Agreements, Permits and Other Instruments
16 (1) The Minister may enter into agreements for the purpose of assisting in the protection or recovery of a species specified in the agreement that is listed on the Species at Risk in British Columbia List.
(2) Before entering into an agreement under this section, the Minister must consider any statement that has been published under subsection 11 (6) with respect to a recovery strategy for the species specified in the agreement.
(3) An agreement under subsection (1) may authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by section 9 or 10.
(4) An authorization described in subsection (3) does not apply unless the party to the agreement who seeks to rely on the authorization complies with any requirements imposed on the party by the agreement.
(5) An authorization described in subsection (3) does not apply unless the requirements of section 17 (2) are met.
17 (1) The Minister may issue a permit to a person that, with respect to a species specified in the permit that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species, authorizes the person to engage in an activity specified in the permit that would otherwise be prohibited by section 9 or 10.
(2) The Minister may issue a permit under this section only if,
(a) the Minister is of the opinion that the activity authorized by the permit is necessary for the protection of human health or safety;
(b) the Minister is of the opinion that the main purpose of the activity authorized by the permit is to assist, and that the activity will assist, in the protection or recovery of the species specified in the permit;
(c) the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection nor recovery of the species specified in the permit, but,
(i) the Minister is of the opinion that an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit,
(ii) the Minister is of the opinion that all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and
(iii) the Minister is of the opinion that all reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit; or
(d) the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but
(i) the Minister is of the opinion that the activity will result in a significant social or economic benefit to British Columbia,
(ii) the Minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the activity on the species and to be independent of the person who would be authorized by the permit to engage in the activity,
(iii) the person consulted under subclause (ii) has submitted a written report to the Minister on the possible effects of the activity on the species, including the person's opinion on whether the activity will jeopardize the survival or recovery of the species in British Columbia,
(iv) the report under subclause (iii) will be made public at the time of its submission.
(v) the Minister is of the opinion that the activity will not jeopardize the survival or recovery of the species in British Columbia,
(vi) the Minister is of the opinion that all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted,
(vii) the Minister is of the opinion that all reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit, and
(viii) the Lieutenant Governor in Council has approved the issuance of the permit.
(3) Before issuing a permit under this section, the Minister must consider any statement that has been published under subsection 11(6) with respect to a recovery strategy for the species specified in the permit.
(4) A permit issued under this section may contain such conditions as the Minister considers appropriate.
(5) Without limiting the generality of subsection (4), conditions in a permit may,
(a) limit the time during which the permit applies;
(b) limit the circumstances in which the permit applies;
(c) require the holder of he permit to take steps specified in the permit, and require that steps be taken before engaging in the activity authorized by the permit;
(d) require the holder of the permit to furnish security in an amount sufficient to ensure compliance with the permit;
(e) require the holder of the permit to ensure that the activity authorized by the permit, and the effects of the activity, are monitored in accordance with the permit;
(f) require the holder of the permit to rehabilitate habitat damaged or destroyed by the activity authorized by the permit, or to enhance another area so that it could become habitat suitable for the species specified in the permit; or
(g) require the holder of the permit to submit reports to the Minister.
(6) An authorization described in subsection (1) does not apply unless the holder of the permit complies with all requirements imposed by the permit.
(7) A permit will expire after five years.
(a) in order to be renewed, the Minister must re-examine all considerations outlined in subsections (17) (2) and 17 (3) and amend or cancel the permit as necessary.
(8) The Minister may,
(a) with the consent of the holder of a permit issued under this section,
(i) amend the permit, if the permit was issued under clause (2) (a), (b) or (c)
(ii) amend the permit, if,
(A) the permit was issued under clause (2) (d),
(B) the Minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the amendment on the species specified in the permit and to be independent of the person who would be authorized by the permit in its amended form to engage in an activity,
(C) the Lieutenant Governor in Council has approved the amendment, and
(D) the Minister is of the opinion that he or she would be authorized under clause (2) (d) to issue the permit in its amended form, or
(iii) revoke the permit; or
(b) without the consent of the holder of the permit issued under this section, but subject to section 20, amend or revoke the permit, if,
(i) the Minister is of the opinion that the revocation or amendment,
(A) is necessary to prevent jeopardizing the survival or recovery, in British Columbia, of the species specified in the permit, or
(B) is necessary for the protection of human health or safety, and
(ii) the Lieutenant Governor in Council has approved the revocation or amendment, in the case of a permit that was issued with the approval of the Lieutenant Governor in Council.
(9) In addition to any authority under any Act to delegate powers to persons employed in the Ministry, the Minister may, in the circumstances prescribed by the regulations, delegate his or her powers under this section to a person or body prescribed by the regulations, subject to any limitations prescribed by the regulations.
18 (1) An instrument authorizing a person to engage in an activity has the same effect as a permit issued under section 17 if,
(a) the instrument was entered into, issued, made or approved by the Minister;
(b) the instrument was entered into, issued, made or approved under a provision of an Act of British Columbia or Canada or a provision of a regulation made under an Act of British Columbia or Canada;
(c) the instrument affects a species specified in the instrument that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species;
(d) before entering into, issuing, making or approving the instrument, the Minister considered any statement that had been published under subsection 11(6) with respect to a recovery strategy for the species specified in the instrument; and
(e) at the time the instrument was entered into, issued, made or approved,
(i) the Minister was of the opinion that the activity authorized by the instrument was necessary for the protection of human health or safety
(ii) the Minister was of the opinion that the main purpose of the activity authorized by the instrument was to assist, and that the activity would assist, in the protection or recovery of the species specified in the instrument, or
(iii) the Minister was of the opinion that the main purpose of the activity authorized by the instrument was not to assist in the protection or recovery of the species specified in the instrument, but,
(A) the Minister was of the opinion that an overall benefit to the species would be achieved within a reasonable time through requirements imposed by the instrument,
(B) the Minister was of the opinion that all reasonable alternatives had been considered, including alternatives that would not adversely affect the species, and the best alternative was adopted, and
(C) the Minister was of the opinion that all reasonable steps to minimize adverse effects on individual members of the species were required by the instrument.
(2) An instrument authorizing a person to engage in an activity has the same effect as a permit issued under section 17 if,
(a) the instrument was entered into, issued, made or approved under a provision of an Act of British Columbia or Canada or a provision of a regulation made under an Act of British Columbia or Canada;
(b) the provision referred to in clause (a) is prescribed by the regulations;
(c) the Minister has entered into an agreement with the authorizing official that, for the purpose of this subsection, applies to the entering into, issuance, making or approval of instruments under the provision referred to in clause (a);
(d) the instrument affects a species specified in the instrument that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species;
(e) before entering into, issuing, making or approving the instrument, the authorizing official considered any statement that had been published under subsection 11(6) with respect to a recovery strategy for the species specified in the instrument; and
(f) at the time the instrument was entered into, issued, made or approved,
(i) the authorizing official was of the opinion that the activity authorized by the instrument was necessary for the protection of human health or safety,
(ii) the authorizing official was of the opinion that the main purpose of the activity authorized by the instrument was to assist, and that the activity would assist, in the protection or recovery of the species specified in the instrument,
(iii) the authorizing official was of the opinion that the main purpose of the activity authorized by the instrument was not to assist in the protection or recovery of the species specified in the instrument, but,
(A) the authorizing official was of the opinion that an overall benefit to the species would be achieved within a reasonable time through requirements imposed by the instrument,
(B) the authorizing official was of the opinion that reasonable alternatives had been considered, including alternatives that would not adversely affect the species, and the best alternative was adopted, and
(C) the authorizing official was of the opinion that all reasonable steps to minimize adverse effects on individual members of the species were required by the instrument.
(3) Subsection (2) applies only if the instrument was entered into, issued, made or approved,
(a) after the regulation referred to in clause (2) (b) came into force; and
(b) during a period when the agreement referred to in clause (2) (c) was in effect.
(4) Subsections (l) and (2) do not apply to an instrument unless the person seeking to rely on the instmment has complied with any requirements imposed by the instrument.
(5) In this section,
"authorizing official" means,
(a) with respect to an agreement that authorizes a person to engage in an activity, any federal, provincial or municipal official who entered into the agreement, or
(b) with respect to any other instrument, the person who issued, made or approved the instmment;
"instrument" means an agreement, permit, license, order, approved plan or other similar document
19 (1) The Minister may, for the purposes of this Act, enter into an agreement with any of the following persons or bodies that relates to a species specified in the agreement that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species:
(a) a band as defined in the Indian Act (Canada),
(b) a tribal council, or
(c) an organization that represents a territorially-based aboriginal community.
(2) An agreement under subsection (1) may authorize aboriginal persons described in the agreement or a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by section 9 or 10.
(3) The Minister may issue a permit to a person or body referred to in subsection (1) that, with respect to a species specified in the permit that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species, authorizes aboriginal persons described in the permit or the holder of the permit to engage in an activity specified in the permit that would otherwise be prohibited by section 9 or 10.
(4) The Minister must not enter into an agreement or issue a permit under this section if he or she is of the opinion that the agreement or permit would authorize an activity that would jeopardize the survival or recovery, in British Columbia, of the species specified in the agreement or permit.
(5) Before entering into an agreement or issuing a permit under this section, the Minister must consider any statement that has been published under subsection 11 (6) with respect to a recovery strategy for the species specified in the agreement or permit.
(6) Subsections 17 (4) and (5) apply, with necessary modifications, to a permit issued under this section.
(7) An authorization described in subsection (2) or (3) does not apply to
(a) an aboriginal person who seeks to rely on the authorization, unless he or she complies with all requirements imposed on the aboriginal person by the agreement or permit; or
(b) a person or body referred to in subsection (1) who seeks to rely on the authorization, unless the person or body complies with any requirements imposed on it by the agreement or permit.
(8) The holder of a permit issued under this section and the aboriginal persons who are authorized by the permit to engage in an activity that would otherwise be prohibited by section 9 or 10 must comply with any requirements imposed on them by the permit.
(9) The Minister may,
(a) with the consent of the holder of a permit issued under this section, revoke or amend the permit; or
(b) without the consent of the holder of a permit issued under this section, but subject to section 20, revoke or amend the permit, if the Minister is of the opinion that the revocation or amendment,
(i) is necessary to prevent jeopardizing the survival or recovery, in British Columbia, of the species specified in the permit, or
(ii) is necessary for the protection of human health or safety.
20 (1) Before amending or revoking a permit under clause 17 (8) (b) or 19 (9) (b), the Minister must give the holder of the permit notice of the intention to amend or revoke the permit.
(2) The notice must
(a) set out the amendments that the Minister intends to make to the permit, or state that the Minister intends to revoke the permit, as the case may be;
(b) set out the Minister's reasons for amending or revoking the permit; and
(c) state that a hearing on the amendment or revocation of the permit may be required in accordance with subsection (5).
(3) The notice must be served personally or by registered mail addressed to the holder of the permit at the person's last known address.
(4) A notice served by registered mail is deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice until a later date.
(5) A person who is served with a notice under subsection (3) may require a hearing by mailing or delivering to the Minister, within 15 days after service of the notice, a written request for a hearing that includes a statement of the reasons for requesting the hearing.
(6) If the Minister does not receive a request for a hearing in accordance with subsection (5), the Minister may amend or revoke the permit as set out in the notice under subsection (2).
(7) If the Minister receives a request for a hearing in accordance with subsection (5), the Minister must appoint a hearing officer to hold the hearing.
(8) The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing.
(9) The Minister is entitled to be heard at the hearing.
(10) The Administrative Tribunals Act applies, with necessary modifications, to the hearing.
(11) After the hearing, the hearing officer must issue a report to the Minister that contains
(a) a summary of the evidence presented at the hearing;
(b) the hearing officer's opinion on the merits of amending or revoking the permit, having regard to the requirements of clause 17 (8) (b) or 19 (9) (b), as the case may be, and the hearing officer's recommendations; and
(c) the reasons for the hearing officer's opinion and recommendations.
(12) After considering the hearing officer's report, the Minister may, subject to clause 17 (8) (b) or 19 (9) (b), as the case may be
(a) amend the permit as set out in the notice under subsection (2) or in another manner;
(b) revoke the permit as set out in the notice under subsection (2), or amend the permit instead of revoking it as set out in the notice under subsection (2); or
(c) refrain from amending or revoking the permit.
(13) The Minister must give notice of his or her decision under subsection (12) and a copy of the hearing officer's report to the parties to the hearing.
21 (1) For the purposes of this Act, "enforcement officer" means
(a) a person who is an officer for the purposes of the Wildlife Act, 1996;
(b) a person designated by the Minister as a park warden for a provincial park; and
(c) such other persons or classes of persons as may be appointed or designated by the Minister as enforcement officers for the purposes of this Act.
22 An enforcement officer who is acting under this Act must, on request, produce identification
23 (1) On application without notice, a justice may issue a warrant authorizing an enforcement officer to enter and inspect any land or other place if the justice is satisfied by information under oath that there are reasonable grounds to believe that an inspection under this section would assist in determining whether there is compliance with section 9, 10, or 49.
(2) An enforcement officer may enter and inspect any land or other place without a warrant if he or she has reasonable grounds to believe that the conditions for obtaining a warrant under subsection (1) exist but that exigent circumstances make it impractical to obtain a warrant under subsection (1).
(3) An enforcement officer may enter and inspect any land or other place without a warrant for the purpose of determining whether there is compliance with provisions
(a) of an agreement entered into under section 16 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10;
(b) of a permit issued under section 17 or 19; or
(c) of provisions of an order made under section 27, 28 or 41.
(4) Subsections (1), (2) and (3) do not authorize the enforcement officer to enter a building or part of a building that is being used as a dwelling.
(5) On application without notice, a justice may issue a warrant authorizing an enforcement officer to enter and inspect any land or other place, including a building or part of a building that is being used as a dwelling, if the justice is satisfied by information under oath that there are reasonable grounds to believe that
(a) an inspection under this section would assist in determining whether there is compliance with a provision referred to in subsection (3); and
(b) entry has been refused or is likely to be refused.
(6) A warrant issued under subsection (1) or (5) is valid for 30 days or for such shorter period as may be specified in it.
(7) A justice may issue further warrants under subsection (1) or (5).
(8) An entry under this section must be made at a time that is reasonable in view of any activity that is conducted on the land or in the place.
(9) During an inspection under this section, the enforcement officer may
(a) be accompanied and assisted by any person authorized by the enforcement officer;
(b) inspect any thing that is relevant to the inspection;
(c) use or cause to be used any computer or other device that contains or is able to retrieve information, for the purpose of examining information contained in or available to the computer or other device, and produce or cause to be produced a printout or other output from the computer or other device;
(d) conduct any tests, take any measurements, take any specimens or samples, set up any equipment and make any photographic or other records that may be relevant to the inspection; and
(e) ask any questions that may be relevant to the inspection.
(10) A person must, during an inspection under this section, provide information requested by the enforcement officer that is relevant to the inspection.
(11) The enforcement officer may make copies of any thing inspected or produced during the inspection.
(12) The enforcement officer may remove any thing for the purpose of making copies or of further inspection, but the copying or further inspection must be carried out with reasonable dispatch and any thing removed must be returned promptly to the person from whom it was taken unless it is not reasonable for the person to expect the thing to be returned.
24 (1) An enforcement officer may stop a vehicle, boat or aircraft if he or she has reasonable grounds to believe that stopping the vehicle, boat or aircraft would assist in determining whether there is compliance with
(a) section 9, 10 or 49;
(b) any provision of an agreement entered into under section 16 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10;
(c) any provision of a permit issued under section 17 or 19; or
(d) any provision of an order made under section 27, 28 or 41.
(2) On the enforcement officer's signal to stop, the operator of the vehicle, boat or aircraft must immediately stop and produce for inspection any thing requested by the officer that is relevant to the purpose for which the vehicle, boat or aircraft was stopped.
(3) For the purpose of subsection (2), signals to stop include
(a) intermittent flashes of red light, in the case of a vehicle;
(b) intermittent flashes of blue light, in the case of a boat; and
(c) a hand signal to stop, in the case of a vehicle or boat.
25 (1) On application without notice, a justice may issue a warrant authorizing an enforcement officer to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.
(2) The warrant may authorize any person specified in the warrant to accompany and assist the enforcement officer in the execution of the warrant.
(3) The warrant may authorize the enforcement officer to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the enforcement officer to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search.
(4) The warrant is valid for 30 days or for such shorter period as may be specified in it.
(5) A justice may issue further warrants under subsection (1).
(6) Subsections (1) to (5) do not prevent an enforcement officer from obtaining a search warrant under the Offence Act, 1996.
(7) If an enforcement officer has reasonable grounds to believe that there is in a building or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the enforcement officer may, without a warrant, enter and search the building or other place.
(8) Subsection (7) does not apply to a building or part of a building that is being used as a dwelling.
(9) An enforcement officer who is conducting a search that is authorized by a warrant or by subsection (7) may, for the purpose of examining information contained in or available to any computer or other device that contains or is able to retrieve information, use or cause to be used the computer or other device and produce or cause to be produced a printout or other output from the computer or other device.
26 (1) An enforcement officer who is lawfully in a building or other place may, without a warrant, seize any thing that he or she has reasonable grounds to believe
(a) has been obtained by the commission of an offence under this Act;
(b) has been used in the commission of an offence under this Act;
(c) will afford evidence of the commission of an offence under this Act; or
(d) is intermixed with a thing referred to in clause (a), (b), or (c).
(2) If the enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.
(3) An enforcement officer must deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping.
(4) Despite subsection (3), an enforcement officer may leave a thing that he or she seizes in the custody of the occupant of the building or other place in which it was seized.
(5) If any thing is left in the custody of an occupant under subsection (4), the occupant must safeguard the thing until
(a) an enforcement officer removes the thing;
(b) the occupant is notified by an enforcement officer that the investigation has concluded and that a charge will not be laid; or
(c) the defendant is acquitted or the charge is dismissed or withdrawn, if a charge is laid and the charge is finally disposed of.
(6) Subsections (3) and (4) do not apply to a thing that is required to be carried before a justice by a search warrant issued under the Offence Act, 1996.
(7) any thing seized and not forfeited under this section must be returned to the person from whom it was seized if
(a) a charge was not laid at the conclusion of the investigation; or
(b) a charge is laid but, when the charge is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn.
(8) If a person is convicted of an offence and a fine is imposed,
(a) a thing seized in connection with the offence and not forfeited to the Crown in right of British Columbia under this section must not be returned until the fine has been paid; and
(b) if payment of the fine is in default in accordance with section 82 of the Offence Act, 1996, a justice may order that the thing be forfeited to the Crown in right of British Columbia.
(9) If the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure, the thing is forfeited to the Crown in right of British Columbia.
(10) Despite any order under section 21 or 22 of the Offence Act, 1996, any dead animal, plant or other organism that is seized is forfeited to the Crown in right of British Columbia if, in the opinion of the person who has custody of it, it is likely to spoil.
(11) Despite any order under section 21 or 22 of the Offence Act, 1996, any live animal, plant or other organism that is seized is forfeited to the Crown in right of British Columbia if, in the opinion of the person who has custody of it, it cannot properly be maintained in custody.
(12) If a person is convicted of an offence under this Act
(a) any animal, plant or other organism seized in connection with the offence, and any cage, shelter or other container seized in connection with the animal, plant or other organism, are forfeited to the Crown in right of British Columbia; and
(b) the justice may order that any other thing seized in connection with the offence be forfeited to the Crown in right of British Columbia.
(13) Subsection (12) applies in addition to any other penalty.
(14) On motion in a proceeding under the Offence Act, 1996, or on application in accordance with the rules of court applicable to applications under that Act, a justice must determine whether possession of a thing seized is an offence under this Act and, if it is, the justice must order that the thing be forfeited to the Crown in right of British Columbia.
(15) Subsection (14) applies whether or not a charge is laid in respect of the thing seized and, if a charge is laid, subsection (14) applies even if the defendant is acquitted or the charge is dismissed or withdrawn.
(16) A thing forfeited to the Crown in right of British Columbia must be disposed of in accordance with the directions of the Minister.
(17) If a thing is forfeited to the Crown in right of British Columbia following a conviction under this Act, a person who claims an interest in the thing and who is not the person from whom the thing was seized or the person who was convicted may apply to a justice, not later than 30 days after the thing is forfeited, on notice to the Minister and to the person from whom the thing was seized, for an order directing that the thing be released to the person claiming the interest.
(18) An order made under subsection (17) is subject to such conditions as may be imposed by the justice.
(19) Subsections (17) and (18) do not apply to a thing forfeited under subsection (10) or (11).
(20) Subsection 9 (6) applies, with necessary modifications, to the references in this section to animals, plants and other organisms, and those references include references to any part of an animal, plant or other organism.
27 (1) An enforcement officer may make an order requiting a person to stop engaging in or not to engage in an activity if the enforcement officer has reasonable grounds to believe that the person is engaging in the activity, has engaged in the activity or is about to engage in the activity and, as a result, is contravening, has contravened or is about to contravene
(a) section 9 or 10;
(b) any provision of an agreement entered into under section 16 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10;
(c) any provision of a permit issued under section 17 or 19; or
(d) any provision of an order made under section 27, 28 or 41.
(2) The order must
(a) specify the provision that the enforcement officer believes is being, has been or is about to be contravened;
(b) briefly describe the nature of the contravention and its location; and
(c) state that a hearing on the order may be required in accordance with section 30.
28 (1) The Minister may make an order described in subsection (2) if he or she has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that is destroying or seriously damaging or is about to destroy or seriously damage an important feature of an area described in clause (b) of the definition of "habitat" in subsection 2 (1) for a species and
(a) the species is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species and a regulation made under clause 55 (1) (a) is in force that applies to the species, but the Minister is of the opinion that the destruction or damage involves an area that is not within the area prescribed by that regulation;
(b) the species is listed on the Species at Risk in British Columbia List as an extirpated species and no regulation is in force that prescribes the species for the purpose of clause 10 (1) (b);
(c) the species is not listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species, the Minister has received a report form COSSARO classifying or reclassifying the species as an extirpated, endangered or threatened species, and the amendment to the Species at Risk in British Columbia List that is required by subsection 7 (4) has not yet come into force; or
(d) the species is listed on the Species at Risk in British Columbia List as an endangered or threatened species under clause 7 (7) (c) or (d), and, pursuant to subsection 10 (3), clause 10 (1) (a) does not apply to the species.
(2) The order may include anyone or more of
(a) an order requiring the person to stop engaging in or not to engage in the activity;
(b) an order prohibiting the person from engaging in the activity except in accordance with the directions set out in the order; and
(c) an order directing the person to take steps set out in the order to rehabilitate any area damaged or destroyed by the activity.
(3) The order must
(a) identify the species that the order relates to;
(b) briefly describe the nature of the activity and the important feature of the area affected by the activity; and
(c) state that a hearing on the order may be required in accordance with section 30.
29 (1) An order under section 27 or 28 must be served personally or by registered mail addressed to the person against whom the order is made at the person's last known address.
(2) An order served by registered mail must be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the order until a later date.
(3) An order under section 27 or 28 takes effect when it is served, or at such later time as is specified in the order.
30 (1) A person who is served with an order under section 29 may require a hearing by mailing or delivering to the Minister, within 15 days after service of the order, a written request for a hearing that includes a statement of the reasons for requesting the hearing.
(2) If the Minister receives a request for a hearing in accordance with subsection (1), the Minister must appoint a hearing officer to hold the hearing.
(3) The requirement for the hearing does not stay the order.
(4) The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing.
(5) The Minister is entitled to be heard at the hearing.
(6) The Administrative Tribunals Act, 2004 applies, with necessary modifications, to the hearing.
(7) After the hearing, the hearing officer must issue a report to the Minister that contains
(a) a summary of the evidence presented at the hearing;
(b) the hearing officer's opinion on the merits of the order and the hearing officer's recommendations; and
(c) the reasons for the hearing officer's opinion and recommendations.
(8) After considering the hearing officer's report, the Minister may
(a) confirm the order;
(b) amend the order; or
(c) revoke the order.
(9) The Minister must give notice of his or her decision under subsection (8) and a copy of the hearing officer's report to the parties to the hearing.
31 (1) An enforcement officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act.
(2) If an enforcement officer arrests a person under this section, he or she must, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that
(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence; or
(b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court.
(3) Sections 38 to 40 of the Offence Act, 1996 apply if the person arrested is not released under subsection (2).
32 An enforcement officer may use as much force as is necessary to exercise any of his or her powers under this Act.
33 An enforcement officer who has the power to enter any land, building or other place under this Act, and any person authorized under this Act to accompany the enforcement officer, may enter and pass through other private property for the purpose of reaching the land, building or other place.
34 The Minister may, for the purpose of investigations and other law enforcement activities under this Act, exempt an enforcement officer from the application of any provision of this Act, subject to such conditions as the Minister considers necessary.
35 A person must not
(a) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or
(b) otherwise obstruct an enforcement officer who is acting under this Act.
Part Six — Offences and Penalties
36 (1) A person is guilty of an offence if the person contravenes:
(a) subsection 9 (1), 10 (1), 24 (2) or 26 (5), section 35, or subsection 49 (1) or (2);
(b) any provision of an agreement entered into under section 16 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10.
(c) any provision of a permit issued under section 17 or 19; or
(d) any provision of an order made under section 27, 28 or 41.
(2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.
37 If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.
38 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that
(a) the offence was committed without the knowledge of the defendant; and
(b) the offence was committed without the consent of the defendant.
40 (1) A person convicted of an offence under this Act is liable
(a) in the case of a first offence under this Act
(ii) to a fine of not more than $1,000,000, in the case of a corporation, or
(ii) to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and
(b) in the case of a second or subsequent offence under this Act
(i) to a fine of not more than $2,000,000, in the case of a corporation, or
(ii) to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person.
(2) Despite subsection (1), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants and other organisms that are involved.
(3) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine specified in subsection (1) or (2).
41 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, make an order against the person
(a) not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;
(b) to take any action that the court considers appropriate to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence;
(c) to pay the Government of British Columbia or any other person for all or part of any costs incurred to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence;
(d) to pay any person an amount for the purpose of assisting in the protection or recovery of the species in respect of which the offence was committed;
(e) to take such other steps as are specified in the order to comply with this Act; or
(f) to pay all or part of any expenses incurred by the Minister or any other person with respect to the seizure, storage or disposition of any thing seized in connection with the offence.
(2) A person must comply with an order made under this section.
(3) If a person fails to comply with an order to take action under subsection (1) (b), the Minister may take such action as he or she considers appropriate to implement the order, and any cost or expense incurred by the Minister is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.
42 The Crown may, by notice to the clerk of the British Columbia Provincial Court, require that a provincial judge preside over a prosecution for an offence under this Act.
43 A prosecution for an offence under this Act must not be commenced more than five years after the offence was committed.
44 In a prosecution under this Act
(a) a living or dead animal, plant or other organism that is not easily distinguishable from a member of a species that is listed on the Species at Risk in British Columbia List is deemed, in the absence of evidence to the contrary, to be a member of that species; and
(b) a part of a living or dead animal, plant or other organism that is not easily distinguishable from a part of a member of a species that is listed on the Species at Risk in British Columbia List is deemed, in the absence of evidence to the contrary, to be a part of a member of that species.
45 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by an enforcement officer as a true copy of a document or other thing inspected or seized under this Act or the Offence Act, 1996 is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.
46 For greater certainty, nothing in this Act should be construed so as to abrogate or derogate from the protection provided for the existing aboriginal or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.
47 (1) A program to be known as the Species at Risk in British Columbia Stewardship Program is hereby established.
(2) The purpose of the program is to promote stewardship activities that relate to species listed on the Species at Risk in British Columbia List, including
(a) the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat;
(b) the implementation of recovery strategies and management plans;
(c) public education and outreach programs relating to stewardship; and
(d) other activities to assist in the protection or recovery of species.
(3) As part of the program, the Minister may make grants for the purpose described in subsection (2).
48 Subject to the approval of the Lieutenant Governor in Council, the Minister may establish a committee to make recommendations to the Minister on any matter specified by the Minister that relates to
(a) the role, in the administration of this Act, of the precautionary principle, which, as described in the United Nations Convention on Biological Diversity, states that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat;
(b) the development and delivery of incentive programs and stewardship programs, including the Species at Risk in British Columbia Program;
(c) the development and promotion of best management practices related to the protection and recovery of species;
(d) the development and delivery of public education and outreach programs;
(e) the preparation and implementation of recovery strategies and management plans under sections 11 and 12;
(f) the assembly of scientific knowledge, including community knowledge and aboriginal traditional knowledge, that should be given to SaRCO to assist it in the classification of species;
(g) the role of agreements and permits under this Act in assisting in the protection and recovery of species;
(h) approaches that may be used under this Act to promote sustainable social and economic activities that assist in the protection or recovery of species;
(i) the regulations made under this Act; or
(j) such other matters as the Minister may specify.
49 (1) A person must not possess a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, if the thing possessed, or the animal, plant or other organism
(a) was killed, captured, taken, possessed, collected, transported, bought, sold, leased or traded contrary to a law that is described in subsection (3); or
(b) was removed from another jurisdiction, contrary to a law of that jurisdiction that is described in subsection (3).
(2) A person must not buy, sell, lease, trade or offer to buy, lease or trade a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, that has been transported into British Columbia if, under a law that is described in subsection (3), the purchase, sale, lease or trade would not be permitted in the jurisdiction from which the animal, plant or other organism was originally exported.
(3) The laws referred to in subsections (1) and (2) are laws of another jurisdiction that protect animals, plants or other organisms that are extirpated, endangered or threatened in that jurisdiction, or animals, plants or other organisms, however described, that are similarly at risk in that jurisdiction.
(4) A person must not be convicted of an offence for contravening subsection (1) or (2) if the person establishes that the person honestly and reasonably believed that the law of the other jurisdiction
(a) did not prohibit the killing, capturing, taking, possessing, collecting, transporting, buying, selling, leasing or trading, as the case may be, of the thing that the person is alleged to have possessed or the animal, plant or other organism, in the case of a prosecution for contravening clause (1) (a);
(b) did not prohibit the removal from the other jurisdiction of the thing that the person is alleged to have possessed or the animal, plant or other organism, in the case of a prosecution for contravening clause (1) (b); or
(c) permitted the purchase, sale, lease or trade, as the case may be of the thing that the person is alleged to have bought, sold, leased or offered to buy, sell, lease or trade, in the case of a prosecution for contravening subsection (2).
(5) Subsection 9 (6) applies, with necessary modifications, to the references in this section to animals, plants and other organisms.
50 (1) The Minister may establish and charge
(a) fees related to entering into agreements or issuing permits under this Act; and
(b) fees for the use of facilities, equipment, services or other things provided by the Ministry relating to species listed on the Species at Risk in British Columbia List.
(2) The Minister may direct the refund of all or part of a fee if, in the Minister's opinion, it is equitable to do so.
(3) A person must pay any fees charged by the Minister under this Act.
51 The Minister must ensure that the following information is made available to the public:
(a) general information about this Act and the regulations;
(b) the most recent information that the Minister has received from SaRCO;
(c) all reports submitted to the Minister by SaRCO;
(d) all recovery strategies and management plans that have been prepared under sections 11 and 12, and all statements published by the Minister under subsections 11 (8) and 12 (5);
(e) general information about the implementation of recovery strategies and management plans;
(f) general information about agreements entered into under sections 16 and 19 and permits issued under sections 17 and 19; and
(g) general information about the enforcement of this Act.
52 Nothing in this Act requires the Minister to make information available to the public or otherwise disclose information if doing so could reasonably be expected to lead to a contravention of section 9 or 10.
53 The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 1 of the Freedom of Information and Protection of Privacy Act, 1996.
54 (1) This Act is binding on the Crown.
(2) Nothing in this Act prohibits any activity engaged in by the Ministry to assist in the protection or recovery of species listed on the Species at Risk in British Columbia List.
55 (1) Subject to subsection (2) and section 57, the Lieutenant Governor in Council may make regulations
(a) prescribing, for the purpose of clause (a) of the definition of "habitat" in subsection 2 (1), an area as the habitat of a species that is listed on the Species at Risk in British Columbia List as an extirpated, endangered or threatened species;
(b) governing the preparation of recovery strategies under section 11 and management plans under section 12;
(c) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations, other than regulations that are required by section 7.
(2) Before a regulation is made under clause (1) (a) prescribing an area as the habitat of a species, the Minister must consider any recovery strategy that has been prepared for the species under section 11 and any statement that has been published under subsection 11 (6) with respect to the recovery strategy.
(3) Without limiting the generality or clause (1) (a), a regulation under that clause prescribing an area as the habitat of a species
(a) may describe the area by
(i) describing specific boundaries for the area,
(ii) describing features of the area,
(iii) describing the area in any other manner;
(b) may prescribe areas where the species lives, used to live or is believed to be capable of living; and
(c) may prescribe an area that is larger or smaller than the area described by clause (b) of the definition of "habitat" in subsection 2 (1).
56 (1) If a species is listed on the Species at Risk in British Columbia List as an endangered or threatened species, the Minister must, not later than the date described in subsection (2), give notice to the public of a proposal to make a regulation under clause 55 (1) (a) that would prescribe an area as the habitat of the species.
(2) The date referred to in subsection (1) is
(a) the second anniversary of the date the species is listed on the Species at Risk in British Columbia List as an endangered species; or
(b) the third anniversary of the date the species is listed on the Species at Risk in British Columbia as a threatened species.
57 (1) If a proposal for a regulation under subsection 55 (1) is under consideration in the Ministry, the proposed regulation would apply to a species that is listed on the Species at Risk in British Columbia List as an endangered or threatened species, and
(a) In the case of any proposed regulation under subsection 55 (1), the Minister is of the opinion that the regulation is likely to jeopardize the survival or recovery of the species in British Columbia or to have any other significant adverse effect on the species; or
(b) In the case of a proposed regulation under clause 55 (1) (a), the Minister is of the opinion that the regulation is likely to result in a significant reduction in the number of members of the species that live in the wild in British Columbia;
the Minister must consult with a person who is considered by the Minister to be an expert on the possible effects of the proposed regulation on the species.
(2) if the Minister is required by subsection (1) to consult with a person who is considered by the Minister to be an expert on the possible effects of a proposed regulation on a species, the Minister must not recommend the regulation to the Lieutenant Governor in Council, and the Lieutenant Governor in Council must not make the regulation, unless
(a) the Minister is of the opinion that the regulation will not result in the species no longer living in the wild in British Columbia;
(b) the person consulted by the Minister under subsection (1) submitted a written report to the Minister on the possible effects of the proposed regulation on the species and the report included the person's opinion on
(i) in the case of any proposed regulation under subsection 55 (l), whether the regulation will jeopardize the survival of the species in British Columbia or have any other significant adverse effect on the species or its recovery, and, if so, whether the regulation will result in the species no longer living in the wild in British Columbia, and
(ii) in the case of a proposed regulation under clause 55 (1) (a), whether the regulation will result in a significant reduction in the number of members of the species that live in the wild in British Columbia;
(c) the Minister considered alternatives to the proposal for a regulation, including
(i) entering into one or more agreements under section 16 or issuing one or more permits under section 17, or
(ii) making a different regulation;
(d) the Minister gave notice of the proposal for a regulation to the public under subsection 56 (1) at least two months before the day the regulation is made; and
(e) the notice given under clause (d),
(i) in the case of any proposed regulation under subsection 55 (1),
(A) set out the Minister's opinion on whether the regulation will jeopardize the survival of the species in British Columbia or have any other significant adverse effect on the species or its recovery, and
(B) stated that the Minister is of the opinion that the regulation will not result in the species no longer living in the wild in British Columbia,
(ii) in the case of a proposed regulation under clause 55 (1) (a), set out the Minister's opinion on whether the regulation will result in a significant reduction in the number of members of the species that live in the wild in British Columbia,
(iii) gave the Minister's reasons for the opinions referred to in subclauses (i) and (ii),
(iv) set out a copy of the report referred to in clause (b),
(v) set out alternatives to the proposal for a regulation that the Minister considered under clause (c),
(vi) set out the reasons for making the proposed regulation, including any significant social or economic benefit to British Columbia, and
(vii) set out steps that could be taken to minimize any adverse effects of the proposed regulation on individual members of the species.
(3) For the purposes of subsection (1), the question of whether a proposal has been so fundamentally altered as to become a new proposal is in the sole discretion of the Minister.
(4) In this section, "proposal for a regulation" means a proposal to make, amend, or revoke a regulation.
58 The Environmental Assessment Act, SBC 2002, c. 43, is amended by adding the subclause to section (5) (1),
(a) The Lieutenant Governor shall make regulations requiring that all designated threatened and endangered species and their habitat will be considered at all relevant points in the environmental assessment process, including, but not limited to, a key consideration in the regulations referred to in subsection (1).
As host to 76 per cent of Canada's bird species, 70 per cent of its freshwater fish species, and 60 per cent of its conifer species, British Columbia is Canada's most biodiverse province. Recognizing the rich biological diversity in the province, this Act brings into force the protection of British Columbia's native wildlife species and their habitat. Currently, 1,300 species are at risk in British Columbia and this Act seeks to reverse this trend and put in place strong stand alone legislation to protect endangered species across the province. The purposes of this Act are to identify species at risk based on the best available scientific information including information obtained from community knowledge and aboriginal traditional knowledge; to protect species that are at risk and their habitats, and to work towards the recovery of species that are at risk. Furthermore, this Act will promote stewardship activities to assist in the protection and recovery of species that are at risk.