BILL 29 – 2008
ENVIRONMENTAL (SPECIES AND PUBLIC PROTECTION) STATUTES AMENDMENT ACT, 2008

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

Environmental Management Act

1 Section 1 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

(a) in the definition of "recyclable material" by adding the following paragraph:

(e) is any other material prescribed by the Lieutenant Governor in Council, or the minister under section 22 [minister's regulations — codes of practice]; , and

(b) in the definition of "waste management facility" by adding ", or recovery of reusable resources, including energy potential from waste" after "a waste".

2 Section 21 (1) (u) is repealed and the following substituted:

(u) requiring a person who manages hazardous waste or introduces waste into the environment, other than in accordance with a permit under section 14, to give security in the amount and form and subject to the conditions the Lieutenant Governor in Council may specify, or authorizing a director to require a person who manages hazardous waste or introduces waste into the environment, other than in accordance with a permit under section 14, to give security in the amount and form and subject to the conditions the director may specify.

3 Section 22 (2) is amended

(a) by repealing paragraph (f) and substituting the following:

(f) requiring that the owner or operator of a waste management facility make adequate arrangements to maintain the facility after it has been closed and, if required by the government, to transfer to the government ownership of the waste management facility after its closure; , and

(b) by adding the following paragraphs:

(f.1) requiring the owner or operator of a waste management facility to give security to the minister in the amount and form and subject to the conditions specified, or authorizing a director to require the owner or operator of a waste management facility to give security in the amount and form and subject to the conditions the director may specify;

(f.2) requiring the owner or operator of a waste management facility to provide evidence that a covenant under section 219 of the Land Title Act has been entered into in favour of the Crown, and respecting the provisions that are to be included in the covenant, or authorizing a director to require evidence of such a covenant and specify the provisions that are to be included in the covenant;

(g.1) prescribing a substance as recyclable material, and for this purpose may establish conditions and circumstances under which a prescribed material is a recyclable material;

(g.2) requiring the owner or operator of a waste management facility to recycle certain wastes or classes of wastes, and to recover certain reusable resources, including energy potential from wastes or classes of wastes; .

4 Section 80 is amended

(a) by striking out "subsection (2)" wherever it appears and substituting "subsection (2) or (2.1)",

(b) in subsection (1) by adding the following definition:

"wildlife" means

(a) vertebrates that are mammals, birds, reptiles or amphibians and are prescribed as wildlife under the Wildlife Act,

(b) fish from or in non-tidal waters of British Columbia, including

(i) vertebrates of the order Petromyzoniformes (lampreys) or class Osteichthyes (bony fishes), or

(ii) invertebrates of the subphylum Crustacea (crustaceans) or phylum Mollusca (mollusks), and

(c) invertebrates or plants listed by the minister as endangered, threatened or vulnerable species,

and includes the eggs and juvenile stages of these vertebrates, invertebrates and plants. , and

(c) by repealing subsection (2) and substituting the following:

(2) If an officer considers that

(a) a spill that has occurred may pose a hazard to health or the environment, or that there is an imminent threat of a spill that may pose such a hazard, and

(b) action is necessary to address the hazard or threat,

the government may carry out actions to address the perceived hazard or threat and the long term impacts on the environment resulting from the spill.

(2.1) Without limiting subsection (2), the government may carry out one or more of the following actions:

(a) assess, monitor and prevent the hazard or threat;

(b) stabilize, contain, remove and clean up the hazard or threat;

(c) evacuate persons;

(d) recover and rehabilitate wildlife;

(e) restore wildlife habitat;

(f) take other steps to address the long term impacts on the environment resulting from the spill.

5 Section 138 is amended

(a) by repealing subsection (2) (j) and substituting the following:

(j) regulating and imposing requirements and prohibitions respecting

(i) the transportation, labelling, handling, treatment, recycling, recovery, storage, disposal and destruction, and

(ii) the selling, giving or otherwise transferring of the ownership or possession,

of recyclable materials or wastes or classes of wastes or reusable resources, including energy potential recovered from wastes; ,

(b) by repealing subsection (2) (n) and (o) and substituting the following:

(n) requiring that the owner or operator of the waste management facility make adequate arrangements to maintain the facility after it has been closed and, if required by the government, to transfer to the government ownership of the facility after its closure;

(o) requiring that the owner or operator of the waste management facility make contributions to the Waste Management Trust Fund, the amount of the contributions to be prescribed or established by agreement or both;

(o.1) requiring the owner or operator of a waste management facility to give security to the minister in the amount and form and subject to the conditions specified, or authorizing a director to require the owner or operator of a waste management facility to give security in the amount and form and subject to the conditions the director may specify;

(o.2) requiring the owner or operator of a waste management facility to provide evidence that a covenant under section 219 of the Land Title Act has been entered into in favour of the Crown, and respecting the provisions that are to be included in the covenant, or authorizing a director to require evidence of such a covenant and specify the provisions that are to be included in the covenant; , and

(c) in subsection (3) (f) (ii) and (iii) by striking out "waste" and substituting "waste or recyclable material and reusable resources, including energy potential from waste".

Park Act

6 Section 4 (3) of the Park Act, R.S.B.C. 1996, c. 344, is amended by striking out everything after "enforcing compliance with" and substituting the following:

(a) the Wildlife Act and the regulations under that Act, and

(b) this Act, the regulations and other prescribed enactments within parks, conservancies, recreation areas and any land, trail, path or waterway comprised in an order under section 6 (1).

Wildlife Act

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

(a) by adding the following definitions:

"controlled alien species" means

(a) a species designated by regulation under section 6.4 as a controlled alien species, and

(b) hybrid animals and fish that have an ancestor within 4 generations that is a species designated as a controlled alien species;

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

"native species" means a species that

(a) is indigenous to British Columbia, or

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

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

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

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

(a) animals,

(b) fish,

(c) plants, or

(d) other organisms, except bacteria and viruses;

"species individual", in relation to a controlled alien species, means a single live member of the species, at any developmental stage; ,

(b) in the definition of "endangered species" by adding ", but does not include a controlled alien species" after "as an endangered species",

(c) in the definition of "fish" by adding ", except in the definition of "controlled alien species" and in paragraph (b) of the definition of "species" insofar as that provision applies in relation to controlled alien species," before "means",

(d) in the definition of "threatened species" by adding ", but does not include a controlled alien species" after "as a threatened species", and

(e) by repealing the definition of "wildlife" and substituting the following:

"wildlife"

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

(b) for the purposes of sections 3 to 5, 7, 8, 84 (6.1) to (6.4), 97.1 to 98.1 and 108 (2) (v), includes fish,

but does not include controlled alien species; .

8 Section 1 (1) is amended

(a) by adding the following definitions:

"guiding area", in relation to a guide outfitter, means the area described in the guide outfitter's licence issued under section 51;

"guiding territory" means

(a) an area described in a guiding territory certificate, or

(b) an area designated under section 65 (1) as a guiding territory;

"guiding territory certificate" means a certificate issued under section 59; ,

(b) in the definition of "officer" by repealing paragraph (a) and substituting the following:

(a) a constable, a conservation officer, the director, an assistant director or a regional manager,

(a.1) subject to subsection (3), a park ranger appointed under the Park Act, or , and

(c) in the definition of "person" by adding "or guiding territory certificate" after "limited entry hunting authorization".

9 Section 1 is amended by adding the following subsection:

(3) A park ranger may exercise the powers and perform the duties of an officer subject to

(a) any regulations under section 29 (3) (d) of the Park Act, and

(b) any limitations, terms and conditions imposed under section 4 (4) of the Park Act.

10 Section 2 (5) is amended by striking out "or" at the end of paragraph (a) and by adding the following paragraph:

(a.1) controlled alien species described in paragraph (a) of the definition of "species", or .

11 The following sections are added:

Controlled alien species

6.4  If the minister considers that a non-native species described in paragraph (a) or (b) of the definition of "species" poses a risk to the health or safety of any person or poses a risk to property, wildlife or wildlife habitat, the minister may make regulations designating the species as a controlled alien species.

Regulation of controlled alien species

6.5  (1) The minister may, by regulation, regulate, prohibit and impose requirements in relation to the following:

(a) the possession of a species individual of a controlled alien species;

(b) the breeding of controlled alien species;

(c) the release of a species individual of a controlled alien species;

(d) trafficking in species individuals of a controlled alien species;

(e) the shipping or transporting in British Columbia of, or the engaging of another person to ship or transport in British Columbia, a species individual of a controlled alien species.

(2) In making regulations under subsection (1), the minister may do one or more of the following:

(a) define classes of controlled alien species;

(b) make different regulations for different controlled alien species or classes of controlled alien species;

(c) delegate a matter to a person;

(d) confer a discretion on a person.

Application of this Act to controlled alien species

6.6  (1) Sections 3, 82 (4), 89, 93, 94 (1), 95 and 107 (2) apply in relation to controlled alien species as if those species were wildlife.

(2) Section 92 applies in relation to controlled alien species described in paragraph (b) of the definition of "species" as if those species were fish as defined in section 1.

(3) Subject to subsection (4), sections 76, 98 and 98.1 do not apply in relation to controlled alien species.

(4) The minister may, by regulation, apply a provision of this Act in relation to controlled alien species as if those species were wildlife, animals or fish.

(5) The minister may, by regulation, exempt controlled alien species from the application of a provision of this Act that applies in relation to animals or fish.

12 Sections 11 (5) and 17 (1) (b), (3) and (6) to (8) are amended by striking out "19" wherever it appears and substituting "18".

13 Section 16 is amended

(a) in subsection (1) by striking out "Lieutenant Governor in Council" and substituting "minister",

(b) in subsection (1) by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) provide for exceptions that the minister considers appropriate to the random selection among applicants in conducting a lottery or other method of random selection among applicants under paragraph (b), and , and

(c) by adding the following subsection:

(3) In making regulations under subsection (1), the minister may define classes of applicants and make different regulations for different classes of applicants.

14 Section 48 (3) is amended by striking out "guide area during substantially all the times" and substituting "guiding area during a majority of the time".

15 Section 51 is amended

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

(b) has public liability insurance prescribed by regulation, and

(c) has other qualifications prescribed by regulation. , and

(b) by adding the following subsection:

(3) If an area is part of a guiding territory assigned in a guiding territory certificate, the regional manager may not issue a guide outfitter licence under subsection (1) authorizing a person to guide in the area unless the person provides proof, satisfactory to the regional manager, that the person has the consent of the holder of the guiding territory certificate.

16 Section 54 (1) is repealed and the following substituted:

(1) The regional manager or the regional manager's designate may issue

(a) an assistant guide licence to a person who meets the prescribed qualifications, or

(b) an assistant angling guide licence to a person who is a citizen of Canada or a permanent resident of Canada and is 19 years of age or older.

17 Section 57 is repealed.

18 Section 58 is repealed and the following substituted:

Non-use of waters or area by angling guide

58  If an angling guide does not guide or states that he or she does not intend to guide anglers in a year,

(a) the angling guide may apply to the regional manager for permission to temporarily discontinue or partially discontinue the use of the waters or area authorized by his or her angling guide licence, or

(b) the regional manager may review the angling guide's operation and, after affording him or her an opportunity to be heard, the regional manager may suspend, cancel or refuse to renew the angling guide's licence.

19 Section 59 is repealed and the following substituted:

Guiding territory certificate

59  (1) A regional manager may issue a guiding territory certificate to a person who, or to a group of persons each of whom,

(a) is a citizen of Canada or a permanent resident of Canada,

(b) is 19 years of age or older, and

(c) has other qualifications prescribed by regulation.

(2) The director may specify the form of and conditions contained in a guiding territory certificate.

(3) Subject to a permit issued under section 70 (1) (b), a guiding territory certificate grants to the holder the exclusive control over guiding privileges in the area described in the certificate for the period stated in the certificate, which may not exceed 10 years.

(4) The issuance of a guiding territory certificate to more than one person creates a tenancy in common in the rights granted by the certificate.

(5) If a guiding territory certificate is issued to more than one person, the guiding territory certificate must

(a) identify a person as the agent of the holders of the certificate, and

(b) specify the interest held in the certificate by each holder of the certificate.

(6) A regional manager may rely on information provided and an application or submission made by the agent identified in the guiding territory certificate as if that information were provided or that application or submission were made by all the holders of the certificate.

(7) After the 5th anniversary of the date of issue of a guiding territory certificate, the regional manager may issue a new certificate, on application by the holder of the certificate, for a period not exceeding 10 years.

Non-use of guiding territory

59.1  (1) On application by the holder of a guiding territory certificate who does not intend to consent to guiding in a year in the guiding territory described in the guiding territory certificate, the regional manager may give permission for the temporary or partial discontinuance of the use of that guiding territory for guiding.

(2) If, in the opinion of the regional manager, there is no guiding in a year in a guiding territory described in a guiding territory certificate,

(a) the regional manager may review the operation of the holder of the guiding territory certificate, and

(b) after affording the holder an opportunity to be heard, the regional manager may suspend, cancel or refuse to renew the guiding territory certificate.

20 Section 61 (1) is amended by striking out "guide outfitter's certificate" and substituting "guiding territory certificate".

21 Section 62 is repealed and the following substituted:

Transfers subject to approval

62  The following may not be transferred without the authorization of the regional manager:

(a) the privileges conferred in a guide outfitter licence;

(b) the privileges conferred in a portion of the guiding area described in a guide outfitter licence;

(c) the privileges conferred in a guiding territory certificate;

(d) the privileges conferred in a portion of the guiding territory held under a guiding territory certificate;

(e) a guiding territory certificate or an interest in a guiding territory certificate.

22 Section 63 is repealed.

23 Section 64 is amended

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

(1) An interest in a guiding territory certificate is part of the estate of the holder of that interest and, subject to section 62, the heirs or administrators of a deceased holder may transfer, within 2 years of the holder's death, the holder's interest in the guiding territory certificate to a person who qualifies under section 59 (1).

(1.1) If an interest in a guiding territory certificate is not transferred in accordance with subsection (1) after the death of a holder, the deceased holder's interest in the guiding territory certificate is forfeited to the government. , and

(b) in subsection (4) by striking out "a guide outfitter's certificate or" and by striking out "the guide outfitter's certificate or the angling guide licence, as the case may be," and substituting "the angling guide licence".

24 Section 65 is repealed and the following substituted:

Disposal of guiding territories and
interests in guiding territory certificates

65  (1) If exclusive control over guiding privileges in an area is not assigned in a guiding territory certificate, the regional manager may designate the area as a guiding territory.

(2) If

(a) the regional manager designates a new guiding territory, or

(b) a guiding territory certificate is cancelled or surrendered or forfeited to the government and the regional manager considers that the exclusive control over guiding privileges in the guiding territory described in the guiding territory certificate should be reassigned,

the exclusive control over guiding privileges in that guiding territory must be advertised for sale by the regional manager and sold by tender or by any other prescribed means to a person qualified to hold a guiding territory certificate.

(3) If the exclusive control over guiding privileges in an area is not assigned in a guiding territory certificate and the regional manager considers that the area is not by itself suitable for designation as a guiding territory, the regional manager may assign, by amendment to a guiding territory certificate and on payment of the prescribed charge, the exclusive control over guiding privileges in all or part of that area to the holder of the guiding territory certificate in respect of a guiding territory adjoining that area.

(4) If an interest in a guiding territory certificate is forfeited to the government under section 64 (1.1), the interest in that certificate must be advertised for sale by the regional manager and sold by tender or by any other prescribed means to a person qualified to hold a guiding territory certificate.

25 Section 66 is repealed.

26 Section 67 is amended by striking out "guide outfitter's certificate" and substituting "guiding territory certificate".

27 Section 68 is amended by striking out "a guide outfitter's licence or certificate" and substituting "a guide outfitter's licence, a guiding territory certificate".

28 Section 84 is amended

(a) in subsection (2) (a) by striking out "$100 000" and substituting "$250 000", by striking out "$1 000" and substituting "$2 500" and by striking out "one year," and substituting "2 years,",

(b) in subsection (2) (b) by striking out "$150 000" and substituting "$500 000", by striking out "$2 000" and substituting "$5 000" and by striking out "18 months," and substituting "3 years,",

(c) in subsection (3) (a) by striking out "$50 000" and substituting "$100 000" and by striking out "6 months," and substituting "one year,",

(d) in subsection (3) (b) by striking out "$100 000" and substituting "$200 000", by striking out "$1 000" and substituting "$2 000" and by striking out "one year," and substituting "2 years,",

(e) in subsection (5) (a) by striking out "$25 000" and substituting "$50 000", and

(f) in subsection (5) (b) by striking out "$50 000" and substituting "$100 000" and by striking out "$500" and substituting "$1 000".

29 The following sections are added:

Seizure or destruction of controlled alien species

97.7 (1) A conservation officer or constable may seize a species individual of a controlled alien species if the person in possession of the species individual

(a) is prohibited from possessing that species individual,

(b) contravenes the person's permit in relation to the species individual, or

(c) contravenes a regulation respecting controlled alien species.

(2) A conservation officer or constable may seize or destroy a species individual of a controlled alien species if, in the opinion of the conservation officer or constable, the species individual presents an imminent danger to the health or safety of a person or to property, wildlife or wildlife habitat.

(3) If a constable seizes a species individual under subsection (1) or (2), the constable must, as soon as practicable, deliver the species individual to a conservation officer or to a person designated by the minister.

(4) Sections 23 to 24.2 of the Offence Act do not apply in respect of a species individual of a controlled alien species seized under this Act.

Disposition of seized controlled alien species

97.71  (1) If a species individual of a controlled alien species is seized under section 97.7 (1) or (2), the government may destroy, sell or otherwise dispose of the species individual 14 days after the regional manager or a person designated by the minister has given notice to the owner of the species individual in accordance with subsection (2) of this section.

(2) The notice referred to in subsection (1) must be in writing and

(a) mailed to or served personally on the owner of the species individual, or

(b) if it cannot be mailed to or served personally on the owner,

(i) published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the species individual was seized, or

(ii) posted in a conspicuous place at either the owner's last known address or the location at which the species individual was seized.

Controlled alien species is property of new owner

97.72 If a species individual of a controlled alien species is sold or otherwise disposed of under section 97.71, all rights and interests in the species individual

(a) vest in the person to whom it has been sold or otherwise disposed of, and

(b) the former owner ceases to have any of those rights and interests.

Costs and proceeds of disposition
of controlled alien species

97.73  (1) If a species individual of a controlled alien species is seized or destroyed under this Act, the director may

(a) issue a certificate

(i) setting out the reasonable costs incurred under this Act by the government with respect to the species individual,

(ii) identifying one or more persons who own the species individual, and

(iii) specifying all or part of those costs as payable by one or more of the persons identified in the certificate, and

(b) by serving notice of the certificate on a person identified in it, require the person to pay all or part of the costs as specified in the certificate.

(2) Notice under subsection (1) (b) may be served in accordance with section 101 (3).

(3) If 2 or more persons are identified in a certificate, those persons are jointly and separately liable to pay the costs as specified in the certificate.

(4) If notice of a certificate is served under subsection (1) (b),

(a) the amount certified as being payable by a person is a debt due to the government by the person, and

(b) on filing in the Supreme Court, the certificate has the same effect and is subject to the same proceedings as a judgment of the court for the recovery of a debt in the amount stated in the certificate against the person named in it.

(5) The government may require the owner to pay the costs that the owner is required to pay under subsection (1) before returning the species individual to the owner.

(6) Subject to subsection (7), the government may retain the proceeds of a sale or other disposition of a species individual of a controlled alien species under section 97.71.

(7) If the proceeds of a sale or other disposition of a species individual of a controlled alien species exceed the costs referred to in subsection (1), the owner of the species individual that was seized may, within 6 months of the date of seizure, claim the balance from the government.

30 Section 100 (2) (b) is amended by striking out "except paragraph (b)," and substituting "except a requirement prescribed for the purposes of this section,".

31 Section 101 is amended

(a) in subsection (1) (a) by striking out "guide outfitter's certificate" and substituting "guiding territory certificate", and

(b) by adding the following subsection:

(4) For the purposes of applying this section to a decision that affects a guiding territory certificate, if notice of a decision referred to in subsection (1) is given in accordance with this section to the agent identified in the guiding territory certificate, the notice is deemed to have been given to the holders of the guiding territory certificate as if the agent were an affected person.

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

(i.1) respecting applications for guiding territory certificates and prescribing qualifications of applicants for guiding territory certificates; .

33 Section 109 is amended by adding the following paragraphs:

(h) regulating or prohibiting the feeding or attracting of specified wildlife in a specified area, which may be different for different wildlife, different classes of wildlife or different areas;

(i) respecting controlled alien species, including, without limitation, exercising in relation to controlled alien species any authority in relation to wildlife under section 108 (2) (s) to (v), (x) and (z) and (3) (a) and (c) to (f).

Wildlife Amendment Act, 2004

34 Section 1 of the Wildlife Amendment Act, 2004, S.B.C. 2004, c. 56, is amended

(a) by repealing paragraph (a) and substituting the following:

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

"endangered species" means a species designated by regulation under section 6 (2) or (4) as an endangered species but does not include a controlled alien species;

"species individual" means

(a) in relation to a controlled alien species, a single live member of the species, at any developmental stage, and

(b) in relation to any other species, a single member of the species, whether alive or dead, at any developmental stage;

"threatened species" means a species designated by regulation under section 6 (3) or (4) as a threatened species but does not include a controlled alien species; ,

(b) in paragraph (d) by repealing the definitions of "developmental stage", "native species", "species" and "species individual", and

(c) by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:

(e) in the definition of "wildlife", as enacted by section 7 (e) of the Environmental (Species and Public Protection) Statutes Amendment Act, 2008, by striking out "controlled alien species;" and substituting "controlled alien species and species at risk;".

35 Section 2 (c) is repealed and the following substituted:

(c) in subsection (5) by striking out "or" at the end of paragraph (a.1) and by adding the following paragraph:

(a.2) species at risk described in paragraph (a) of the definition of "species", or .

Transitional Provision

Transition — guiding territory certificates

36 A guide outfitter's certificate issued under the Wildlife Act that is valid and subsisting on the date this section comes into force is deemed to be a guiding territory certificate issued under that Act.

Commencement

37 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: