The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 24th day of November, 2011
Ian D. Izard, Q.C., Law Clerk
HONOURABLE SHIRLEY BOND
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Aboriginal Relations and
Reconciliation Validation
1 (1) Despite section 18 (4) of the Maa‑nulth First Nations Final Agreement Act, the Maa‑nulth Forest Compensation Interim Regulation, B.C. Reg. 54/2011, is confirmed and validated, is conclusively deemed to have been continuously in force from April 1, 2011 and continues in force until it is repealed by the Lieutenant Governor in Council.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
Part 2 — Agriculture Amendments
Agricultural Land Commission Act
2 Section 1 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended in the definition of "official" by striking out "employed under the Public Service Act".
3 Section 11 (5) is amended by striking out "before the commission," and substituting "allocated to the panel by the chair of the commission,".
4 Section 12 (2) is amended
(a) by repealing paragraph (a), and
(b) in paragraph (c) by striking out "for that financial year and the preceding financial year," and substituting "for the most recently completed financial year and the financial year immediately preceding the most recently completed financial year,".
5 Section 22 (2) is amended by striking out "that prohibits" and substituting "that restricts or prohibits".
6 Section 26 (7) is amended by striking out "and" at the end of paragraph (a) and by adding the following paragraph:
(a.1) section 34.1 applies to the applicant with respect to the application, except that a reference to the commission in that section must be read as a reference to the local government, first nation government or authority, and .
7 The following sections are added:
30.1 (1) In this section, "application" means an application for a non-farm use under section 20, for a subdivision under section 21 or for exclusion under section 30.
(2) Despite any other provision of this Act, on an application, the chief executive officer may refuse permission if
(a) within 5 years immediately preceding the application, a previous application was refused permission by the commission,
(b) the previous application was made on or after the date this section comes into force,
(c) the land, or a part of the land, that is the subject of the application is the same as the land, or part of the land, that was the subject of the previous application, and
(d) the chief executive officer considers that the application is substantially the same as the previous application.
(3) A refusal of permission by the chief executive officer under subsection (2) is a decision of the commission for the purposes of this Act.
33.1 (1) The chair of the commission may, in writing, direct the executive committee to reconsider a decision made by a panel established under section 11 (2) respecting an application or other matter allocated to the panel by the chair of the commission, including a panel's reconsideration of a decision under section 33 (1), if
(a) the chair considers that the decision may not fulfill the purposes of the commission as set out in section 6, and
(b) the chair makes the direction to the executive committee within 60 days of the decision being made.
(2) If the chair of the commission directs the executive committee to reconsider a decision under subsection (1), the chair must give notice of the reconsideration to any person that the chair considers is affected by the reconsideration.
(3) If the chair of the commission directs the executive committee to reconsider a decision under subsection (1), the executive committee must confirm, reverse or vary the decision.
(4) For the purposes of subsection (3), the executive committee has all the powers, duties and functions of the commission.
(5) A decision by the executive committee under subsection (3) is for all purposes a decision of the commission.
34.1 (1) In this section, "applicant" means,
(a) in respect of a decision made under section 25 (1) (b) or (c), the person who made the application under section 20 (3) or 21 (2) resulting in the decision, or
(b) in respect of a decision made under section 30 (2) (b) or (c), the person who made the application under section 30 (1) resulting in the decision.
(2) If the commission makes a decision under section 25 (1) (b) or (c) or 30 (2) (b) or (c) and imposes one or more terms under section 25 (2) or 30 (3), as applicable, the applicant must submit to the commission
(a) the information, if any, prescribed in the regulations,
(b) any other information requested by the commission, in the form and manner specified by the commission, and
(c) any prescribed fees.
8 Section 49 is amended
(a) in subsection (1) by adding the following paragraph:
(f) make an order requiring a person to produce for the member or official a record or thing in the person's possession or control. , and
(b) by adding the following subsection:
(3) If a member of the commission or an official exercises a power under subsection (1), the commission may order the person in respect of whom the power was exercised to pay to the commission fees related to the exercise of the power, as prescribed in the regulations.
9 Section 53 (1) (a) is amended by striking out "section 50," and substituting "section 49 (1) (f), 50,".
10 Section 58 is amended
(a) in subsection (2) by adding the following paragraphs:
(d.1) respecting fees for the provision of a service under the Act by the commission or the officers or employees appointed by the commission, including, without limitation,
(i) prescribing the amount of a fee or a method for calculating the amount of a fee,
(ii) respecting the time within which a fee must be paid, and
(iii) prescribing minimum fees;
(d.2) respecting fees for the purposes of sections 34.1 (2) (c) and 49 (3), including, without limitation,
(i) establishing fees relating to the review of information,
(ii) prescribing the amount of a fee or a method for calculating the amount of a fee,
(iii) respecting the time within which a fee must be paid, and
(iv) prescribing minimum fees;
(d.3) for the purposes of section 34.1, respecting the information an applicant must submit to the commission, including, without limitation, the form and manner in which the information must be provided; , and
(b) by adding the following subsections:
(4) Regulations under subsection (2) (d.1) may be different for different types of services, classes of persons or circumstances.
(5) Regulations under subsection (2) (d.2) may be different for different types of information, powers exercised under section 49 (1), types of applications, types of applicants, types of land use or circumstances.
(6) Regulations under subsection (2) (d.3) may be different for different types of land use, types of terms imposed in respect of land use or circumstances.
Part 3 — Energy and Mines Amendments
Mines Act
11 Section 10 of the Mines Act, R.S.B.C. 1996, c. 293, is amended
(a) by adding the following subsections:
(0.1) In this section, "exempt person" means a person in a class of persons exempt under subsection (1.1) (a) from the requirement under subsection (1) to hold a permit.
(1.1) The Lieutenant Governor in Council, by regulation and on any terms and conditions considered necessary or advisable, may exempt
(a) one or more classes of persons, or
(b) a person or a ministry of the government respecting one or more classes of work in, on or about a mine
from the requirement under subsection (1) to hold a permit.
(1.2) Despite subsection (1.1) (a), the chief inspector may require an exempt person to comply with the requirement under subsection (1) to hold a permit if the chief inspector is satisfied that, because of the nature of the proposed work, it is necessary for the exempt person to hold a permit. , and
(b) by repealing subsection (2) and substituting the following:
(2) The chief inspector, in writing and on any terms and conditions considered necessary or advisable, may exempt a person from the requirement under subsection (1) to hold a permit if
(a) the chief inspector is satisfied that, because of the nature of the proposed work, it is not necessary for the person to hold a permit, and
(b) the person is not an exempt person.
(2.01) Without limiting subsection (1.1) or (2), terms and conditions imposed under those subsections may include terms and conditions respecting any or all of the following:
(a) the provision of security in the manner and for purposes similar to those described in subsections (4) and (5);
(b) notification and reporting requirements;
(c) the use of qualified professionals;
(d) environmental protection and reclamation;
(e) public health and safety.
(2.02) A person exempt from the requirement under subsection (1) to hold a permit must comply with the terms and conditions, if any, imposed under subsections (1.1), (2) and (2.01), as applicable.
12 Section 38 (2) is amended by adding the following paragraph:
(a.2) for the purposes of section 10 (1.1) and (2.01); .
Flathead Watershed Area Conservation Act
13 Section 2 of the Flathead Watershed Area Conservation Act is amended by adding the following subsection:
(4) The Lieutenant Governor in Council must not, for or in relation to a mining activity in the Flathead watershed area, exempt under section 10 (1.1) of the Mines Act any person, class of persons or ministry of the government from the requirement to hold a permit under section 10 of that Act.
Part 4 — Environment Amendments
Protected Areas of British Columbia Act
14 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by repealing the description of Stawamus Chief Park.
15 Schedule D is amended by adding the following description:
All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 1, New Westminster District and contained within the following described boundaries:
Firstly: as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1912; except the land shown on Plans BCP28611 and BCP28614.
Secondly: District Lot 1520; except (1) Reference Plan 11534; (2) Plan 14677; (3) Reference Plan 4184; (4) the parts shown as 8.56 acres, 0.27 acre, 0.003 acre, 6.67 acres and 0.07 acre on Highway Plan 133; (5) Plan BCP38145; and (6) Plan BCP38146.
Thirdly: District Lot 2177; except (1) Explanatory Plan 11467; (2) Plan 12045; (3) Reference Plan 4148; (4) Highway Plan 133; and (5) Plan BCP38145.
Fourthly: Block D (Explanatory Plan 3458) of District Lot 608; except (1) Reference Plan 4142; (2) Plan 12045; (3) the parts shown as 0.30 acre, 0.06 acre and 1.76 acres on Highway Plan 133; (4) Plan BCP7568; and (5) Plan BCP38145.
The whole park containing approximately 526 hectares.
Wildlife Act
16 Section 1 of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding the following definition:
"attractant" means any of the following:
(a) food or food waste, compost or other waste or garbage that could attract dangerous wildlife;
(b) a carcass or part of a carcass of an animal or fish, or other meat;
(c) any other substance or thing prescribed by regulation of the minister; .
17 Section 33.1 is repealed and the following substituted:
33.1 (1) A person must not
(a) intentionally feed or attempt to feed dangerous wildlife, or
(b) provide, leave or place an attractant in, on or about any land or premises with the intent of attracting dangerous wildlife.
(2) A person must not leave or place an attractant in, on or about any land or premises where there are or where there are likely to be people, in a manner in which the attractant could
(a) attract dangerous wildlife to the land or premises, and
(b) be accessible to dangerous wildlife.
(3) Subject to subsections (5) and (6), a person who contravenes subsection (1) or (2) commits an offence.
(4) If an offence under this section continues for more than one day, separate fines, each not exceeding the maximum fine for that offence, may be imposed for each day the offence continues.
(5) A person does not contravene subsection (1) (b) or (2) by providing, leaving or placing an attractant in, on or about any land or premises for the purposes of hunting or trapping wildlife in accordance with all other applicable provisions of this Act and the regulations.
(6) A person does not contravene subsection (2)
(a) by conducting a farm operation, as defined in section 1 of the Farm Practices Protection (Right to Farm) Act, if the person
(i) conducts the farm operation on, in or over land anywhere in British Columbia, and
(ii) meets the requirements set out in section 2 (2) (a) and (c) of that Act, or
(b) by operating a facility for the disposal of waste, that is operated in accordance with the Environmental Management Act by a municipality, as defined in section 1 (1) of that Act.
(7) For the purposes of this section, "leave", in relation to a person who is an owner, tenant or occupant of land or premises, includes to fail to remove an attractant from or to allow an attractant to remain in, on or about that land or those premises.
18 Section 84 (1) (b) is amended by striking out "33.1 (1) or (2)" and substituting "33.1 (1)".
19 Section 88.1 (1) is repealed and the following substituted:
(1) In this section, "private dwelling" means a structure used solely as a private residence or a residential accommodation within any other structure.
20 Section 109 is amended
(a) by renumbering the section as section 109 (1),
(b) in subsection (1) by adding the following paragraph:
(j) prescribing a substance or thing for the purposes of the definition of "attractant". , and
(c) by adding the following subsection:
(2) In making regulations under subsection (1) (j), the minister may make different regulations in relation to different dangerous wildlife, different classes of dangerous wildlife, different areas, different time periods or different circumstances.
Fish Protection Act
21 Section 35 of the Fish Protection Act, S.B.C. 1997, c. 21, is amended by striking out "Section 109" and substituting "Section 109 (1)".
Part 5 — Finance Amendment
Public Service Labour Relations Act
22 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in the definition of "employee" by repealing paragraph (v) and substituting the following:
(v) a person employed in the office of Government Communications and Public Engagement; .
Part 6 — Forests, Lands and Natural Resource
Operations Amendments
Special Accounts Appropriation and Control Act
23 Section 5 (2) (b) of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended
(a) in subparagraph (ii) by striking out "Crown forest land or Crown range land;" and substituting "Crown land;", and
(b) in subparagraph (iv) by striking out ", Wildfire Act, or the Forest Practices Code of British Columbia Act," and substituting ", the Wildfire Act, the Forest Practices Code of British Columbia Act or a prescribed Act," and by striking out "them;" and substituting "those Acts;".
24 Section 10 (2) is amended by adding the following paragraph:
(d) prescribing Acts for the purpose of section 5 (2) (b) (iv) [Environmental Remediation Sub-account expenditures].
Wildlife Act
25 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding the following definition:
"bag limit" means the maximum number of a species or type of wildlife that a person may take or kill; .
26 Section 1 (1) is amended by adding the following definition:
"initiation hunting licence" means a hunting licence issued in accordance with section 17.2; .
27 Section 11 (1.1) is amended
(a) by striking out "14 years of age" and substituting "18 years of age", and
(b) by striking out "issued in accordance with section 17 (5)".
28 Section 11 (5) is amended by striking out "and" at the end of paragraph (a) and by repealing paragraph (b) and substituting the following:
(b) holds a hunting licence, other than an initiation hunting licence, or is exempted from holding a hunting licence, and
(c) meets the prescribed qualifications.
29 Section 17 is repealed and the following substituted:
17 (1) A person who
(a) is a resident and does not hold a resident hunter number card issued under the regulations, or
(b) is a non resident under 18 years of age, or a non resident alien under 18 years of age, unless the person is to be accompanied by a licensed guide or a person who holds a permit under section 70,
must not apply for or be issued a hunting licence unless he or she complies with the regulations and has successfully completed examinations on conservation, outdoor recreation and safety approved by the director.
(2) If a person referred to in subsection (1) applies for a hunting licence for the first time following successful completion of the examinations referred to in that subsection, the person must apply to
(a) a government agent, or
(b) a person employed in an office of the ministry.
17.1 (1) A hunting licence must not be issued to, or on behalf of, a person who is under 18 years of age unless a parent or guardian applies for the licence and signs a written undertaking that the parent or guardian will not allow the child or ward to hunt or carry a firearm unless he or she is accompanied by and under the close personal supervision of a person who
(a) is 18 years of age or older,
(b) holds a hunting licence, other than an initiation hunting licence, or is exempted from holding a hunting licence, and
(c) meets the prescribed qualifications.
(2) Despite section 17 (1) but subject to this section, a parent or guardian who complies with the regulations may apply for and be issued a hunting licence on behalf of a child or ward who is at least 10 years of age, but less than 18 years of age.
(3) A person who
(a) is 18 years of age or older,
(b) does not hold a hunting licence, other than an initiation hunting licence,
(c) is not exempted from holding a hunting licence, and
(d) does not meet the prescribed qualifications
commits an offence if the person is in the company of another person who is under 18 years of age and is carrying a firearm unless the younger person is accompanied by and under the close personal supervision of a person who
(e) is 18 years of age or older,
(f) holds a hunting licence, other than an initiation hunting licence, or is exempted from holding a hunting licence, and
(g) meets the prescribed qualifications.
(4) A parent or guardian commits an offence if he or she gives permission to his or her child or ward, who is under 18 years of age and with respect to whom the parent or guardian has signed a written undertaking under subsection (1), to
(a) hunt, or
(b) be in possession of a firearm
unless the child or ward is accompanied by and under the close personal supervision of a person who
(c) is 18 years of age or older,
(d) holds a hunting licence, other than an initiation hunting licence, or is exempted from holding a hunting licence, and
(e) meets the prescribed qualifications.
30 The following section is added:
17.2 (1) Despite section 17 (1), a person who
(a) is a resident,
(b) is 18 years of age or older,
(c) has never held a hunting licence issued under this Act, other than a hunting licence issued to a parent or guardian on his or her behalf, and
(d) complies with the regulations
may apply for and be issued an initiation hunting licence.
(2) A person who holds an initiation hunting licence commits an offence if the person hunts unless the person is accompanied by and under the close personal supervision of a person who
(a) is 18 years of age or older, and
(b) meets the prescribed qualifications.
(3) A person who
(a) is 18 years of age or older, and
(b) does not meet the prescribed qualifications
commits an offence if the person is in the company of a person who holds an initiation hunting licence while that person hunts unless the person who holds an initiation hunting licence is accompanied by and under the close personal supervision of a person who
(c) is 18 years of age or older, and
(d) meets the prescribed qualifications.
31 Section 53 is amended
(a) in subsection (1) by adding the following paragraph:
(l) prohibit or regulate in relation to the periods of time during which members of a class of persons may angle on a stream or lake or in an area of British Columbia, including prescribing different periods for different classes, including, without limitation, classes based on age. , and
(b) in subsection (2) by striking out "and (k)," and substituting ", (k) and (l),".
32 Section 55 (1) is amended by adding "and" at the end of paragraph (a), by striking out ", and" at the end of paragraph (b) and by repealing paragraph (c).
33 Section 59 is amended
(a) in subsection (3) by striking out "10 years" and substituting "25 years", and
(b) by repealing subsection (7) and substituting the following:
(7) A regional manager may, on application by the holder of the guiding territory certificate, issue a new guiding territory certificate for a period not exceeding 25 years if
(a) more than 5 years have elapsed since the date of issue of a guiding territory certificate issued before this subsection comes into force, or
(b) more than 3/5 of the period of a guiding territory certificate issued after this subsection comes into force has elapsed.
34 Section 84 (1) (b) (i) is amended by striking out "17 (7) or (8)," and substituting "17.1 (4), 17.2 (2) or (3),".
35 Section 108 is amended
(a) in subsection (2) by adding the following paragraph:
(l.01) in respect of a regulation under paragraph (l), requiring that wildlife taken or killed by a person be included in the bag limit of another person; , and
(b) in subsection (3) by adding the following paragraph:
(o) prohibiting or regulating in relation to
(i) hunting by a person who is under 18 years of age or who holds an initiation hunting licence, and
(ii) persons in the company of a person referred to in subparagraph (i) while he or she hunts,
including, without limitation, for the purpose of sections 11, 17.1 and 17.2, prescribing the qualifications of a person who may accompany and supervise another person and prescribing the maximum number of persons that a person may accompany and supervise at one time.
36 Section 108 is amended
(a) by repealing subsection (2) (l) and substituting the following:
(l) prescribing bag limits for wildlife by species, type, sex, age, circumstances or physical features of the wildlife and by periods of time;
(l.1) prescribing, by species, type, sex, age or physical features of the wildlife, the maximum number of wildlife that a person may possess and respecting the circumstances in which a person may possess a prescribed number of wildlife;
(l.2) respecting the circumstances in which a person may take, kill or possess wildlife; , and
(b) by repealing subsection (3) (e) and substituting the following:
(e) prescribing open seasons or closed seasons, or both, for
(i) wildlife by species, type, sex, age, circumstances or physical features of the wildlife, or
(ii) persons, licences or permits, including prescribing different seasons for different classes of persons, including, without limitation, classes based on age; .
Part 7 — Public Safety and Solicitor General Amendments
Motor Vehicle Act
37 Section 60 (6.1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, as enacted by section 77 (b) of the Miscellaneous Statutes Amendment Act (No. 2), 2008, S.B.C. 2008, c. 42, is repealed and the following substituted:
(6.1) If
(a) the Insurance Corporation of British Columbia has required, under section 25 (1.1), a person to provide documentary proof that the person is entitled under the laws of Canada to be in Canada, and
(b) the person is not a Canadian citizen or a permanent resident of Canada,
the Insurance Corporation of British Columbia may only issue to the person a driver's licence for a term not exceeding the period during which, under the laws of Canada, the person is entitled to be in Canada.
Public Sector Employers Act
38 Sections 1 and 10 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, are amended by repealing the definition of "minister".
39 (1) The validity of any action or decision taken by the Public Sector Employers' Council or the chair of the council, on or after June 23, 2008 and before the date this section comes into force, is not affected on the basis that, during that period, the Minister of Finance, as defined in the Financial Administration Act, did not act as chair.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
40 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 11 to 13 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 25 to 36 | By regulation of the Lieutenant Governor in Council |