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

Wildfire Act

1 Section 33 of the Wildfire Act, S.B.C. 2004, c. 31, is amended

(a) by repealing subsection (1) and substituting the following:

(1) The period during which the minister may make an order under section 25 (2) is 3 years beginning on the date on which the facts that led to the determination under subsection (3) of that section first came to the knowledge of an official.

(1.1) The period during which the minister may make

(a) an order under section 26 determining that a person has contravened a provision of this Act or the regulations, or

(b) an order under section 27 (1) or 28 (1) in respect of the contravention referred to in paragraph (a) of this subsection

is 3 years beginning on the date on which the facts that led to the determination that the person contravened the provision first came to the knowledge of an official.

(1.2) The period during which the minister may make an order under section 28 (3) (c) or (d) is 3 years beginning on the date specified in the written notice given under subsection (2) of that section. , and

(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) or (1.1)".

Wildlife Act

2 Section 17 of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed and the following substituted:

Examinations

17  (1) A person may not apply for or be issued a hunting licence unless the person has successfully completed examinations, approved by the director, about conservation, outdoor recreation and safety.

(2) Subsection (1) does not apply in relation to a non resident, or a non resident alien, who is to be accompanied by

(a) a guide outfitter,

(b) an assistant guide issued a written authorization under section 48 (1.2), or

(c) a person who holds a permit issued under section 70 (1) (a) that authorizes the person to accompany the non resident or non resident alien.

3 Section 82 is amended by adding the following subsections:

(5) A person commits an offence if the person makes a false statement in an application that the person makes on behalf of another person.

(6) A person is not guilty of an offence under subsection (5) if at the time of the statement the person did not know that the statement was false and, exercising due diligence, could not have known that the statement was false.

4 Section 84 is amended

(a) in subsection (1) (a) (i) by striking out "(3) or (4)" and substituting "(3), (4) or (5)",

(b) in subsection (1) (b) (i) by striking out "95 (2), 96 (1) or 97 (1) (b)" and substituting "95 (2) or 96 (1)",

(c) in subsection (1) (b) (i.2) by striking out "or" after "section 48 (2.1) (c) or (f),",

(d) in subsection (1) (b) by adding the following subparagraph:

(i.3) under section 97 (6) respecting the contravention of section 97 (2) (a) or (b) or (4) (a) or (b), or , and

(e) in subsection (2.1) (a) by adding "or (5)" after "section 82 (1) (a)".

5 Section 97 is repealed and the following substituted:

Proof of identity and authorization

97  (1) In this section, "authorization" means a licence, permit or limited entry hunting authorization issued under this Act.

(2) Subject to subsection (5), a person who is required to hold an authorization must, on the request of an officer,

(a) state the person's name and address,

(b) produce prescribed photo identification, and

(c) demonstrate in accordance with subsection (3) that the person holds the authorization.

(3) A person may demonstrate that the person holds an authorization by

(a) producing the authorization, or

(b) unless the regulations require that the original authorization be produced,

(i) producing a legible copy of the authorization, or

(ii) if authorized by the regulations, stating a number assigned to the person by the director as an identification number for the person.

(4) Subject to subsection (5), a person who would be required to hold a licence or permit issued under this Act were the person not exempt under section 11 (9) or 12 (b) must, on the request of an officer,

(a) state the person's name and address, and

(b) produce prescribed photo identification.

(5) Subsections (2) (b) and (4) (b) do not apply to a person in a prescribed class of persons.

(6) A person who contravenes subsection (2) or (4) commits an offence.

6 The following section is added:

Submission of reports and other records

100.1  Subject to the regulations, a report or other record required to be submitted under this Act, other than Part 3, must be submitted in a manner and form, if any, specified by the director.

7 Section 108 (2) is amended

(a) by adding the following paragraph:

(b.1) respecting identification numbers that may be assigned to persons by the director, including, without limitation,

(i) establishing classes of identification numbers,

(ii) for the purposes of section 97 (3) (b) (ii), prescribing authorizations for which an identification number may be stated,

(iii) authorizing the director to issue identification cards, and

(iv) making different regulations for different classes of identification numbers; , and

(b) in paragraph (g) by striking out "applications, licences, permits and limited entry hunting authorizations" and substituting "applications, licences, permits, limited entry hunting authorizations and identification cards" and by adding the following subparagraph:

(vi) in the case of a licence, permit, limited entry hunting authorization or identification card, the manner in which it is provided to the applicant; .

8 The following section is added to Part 1:

Transition – resident hunter number cards

110.3  Section 17 (1) does not apply in relation to a person who was issued a resident hunter number card under this Act before the date this section comes into force.

Transitional Provision

Wildfire Act transition – application of section 33 (1)

9  Section 33 (1) of the Wildfire Act, as enacted by this Act, applies to the minister in respect of an order under section 25 (2) of the Wildfire Act if the facts that led to the determination under section 25 (3) of that Act first came to the knowledge of an official after the date that is 2 years before the coming into force of this section.

Consequential Amendments

Forests, Lands and Natural Resource Operations
Statutes Amendment Act, 2016

10 Section 46 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016, S.B.C. 2016, c. 11, is repealed.

11 Section 49, as it enacts section 108 (2) (f.1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by striking out "section 97 (1) (a)" and substituting "section 97 (3) (b)".

Commencement

12  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:

 
Explanatory Notes

SECTION 1: [Wildfire Act, section 33] specifies periods during which the minister may make orders under sections 25 (2), 26, 27 (1) and 28 (1) and (3) (c) and (d) of the Act.

SECTION 2: [Wildlife Act, section 17]

• removes reference to the resident hunter number card;
• extends the requirement to successfully complete examinations to unaccompanied adults who are non residents or non resident aliens.

SECTION 3: [Wildlife Act, section 82] establishes an offence of making a false statement in an application made on behalf of another person.

SECTION 4: [Wildlife Act, section 84] is consequential to amendments made by this Bill to sections 82 and 97 of the Act.

SECTION 5: [Wildlife Act, section 97]

• adds a requirement to produce photo identification;
• provides for allowing a person to state an identification number instead of producing an authorization.

SECTION 6: [Wildlife Act, section 100.1] facilitates electronic submission of reports and other records.

SECTION 7: [Wildlife Act, section 108]

• authorizes regulations relating to identification numbers;
• clarifies that fees for a document issued under the Act may reflect how the document is provided.

SECTION 8: [Wildlife Act, section 110.3] exempts persons who have been issued resident hunter number cards from the examinations required by section 17 of the Act.

SECTION 9: [Wildfire Act transition – application of section 33 (1)] provides a transitional rule respecting the application of section 33 (1) of the Wildfire Act, as enacted by this Bill.

SECTION 10: [Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016, section 46] is consequential to the amendment made by this Bill to section 97 of the Wildlife Act.

SECTION 11: [Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2016, section 49] is consequential to the amendment made by this Bill to section 97 of the Wildlife Act.