Section 1 (1) definition of "fish" BEFORE amended by 2001-43-23, effective August 27, 2001 (Royal Assent).
"fish" means any
(a) vertebrate of the order Petromyzontiformes (lampreys) or class Osteichthyes (bony fishes), or
(b) invertebrate of the class Crustacea (crustaceans) or class Mullusca (mollusks)
from or in non-tidal waters of British Columbia, and includes their eggs and juvenile stages;
Section 1 (1) definition of "conservation officer" BEFORE amended by 2002-27-17, effective May 9, 2002 (Royal Assent).
"conservation officer" means a conservation officer designated under the Environment Management Act and includes a deputy conservation officer appointed under this Act;
Section 1 (1) definition of "wildlife" BEFORE amended by 2003-90-23, effective November 20, 2003 (Royal Assent).
"wildlife" means raptors, threatened species, endangered species, game or other species of vertebrates prescribed as wildlife and, for the purposes of sections 3 to 5, 7, 8 and 108 (2) (v), includes fish;
Section 1 (1) definition of "non resident" paragraph (b) (ii) BEFORE amended by 2004-30-14, effective April 29, 2004 (Royal Assent).
(ii) has resided in Canada for the 12 month period immediately before making an application under this Act or the regulations or doing another thing relevant to the operation of this Act;
Section 1 (1) definition of "resident" paragraph (a) (ii) BEFORE amended by 2004-30-14, effective April 29, 2004 (Royal Assent).
(ii) has resided in British Columbia for 7 months in the 12 months immediately before making an application under this Act or the regulations or doing another thing relevant to the operation of this Act, or
Section 1 (1) definition of "resident" paragraph (b) (ii) BEFORE amended by 2004-30-14, effective April 29, 2004 (Royal Assent).
(ii) has resided in British Columbia for the 12 month period immediately before making an application under this Act or the regulations or doing another thing relevant to the operation of this Act;
Section 1 (1) definitions of "appeal board" and "conservation officer" BEFORE amended by 2003-53-177(a), effective July 8, 2004 (BC Reg 317/2004).
"appeal board" means the Environmental Appeal Board established under the Environment Management Act;
"conservation officer" means a conservation officer defined in section 1 (1) of the Environment Management Act;
Section 1 (1) definitions of "controlled alien species", "developmental stage", "native species", "species" and "species individual" were added by 2008-33-7(a), effective May 29, 2008 (Royal Assent).
Section 1 (1) definition of "endangered species" BEFORE amended by 2008-33-7(b), effective May 29, 2008 (Royal Assent).
"endangered species" means a species of animal that is designated as an endangered species;
Section 1 (1) definition of "fish" (part) BEFORE amended by 2008-33-7(c), effective May 29, 2008 (Royal Assent).
"fish" means any
Section 1 (1) definition of "threatened species" BEFORE amended by 2008-33-7(d), effective May 29, 2008 (Royal Assent).
"threatened species" means a species of animal that is designated as a threatened species;
Section 1 (1) definition of "wildlife" BEFORE amended by 2008-33-7(e), effective May 29, 2008 (Royal Assent).
"wildlife" means raptors, threatened species, endangered species, game or other species of vertebrates prescribed as wildlife and, 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;
Section 1 (1) definition of "officer" BEFORE amended by 2008-33-8(b), effective March 6, 2009 (BC Reg 64/2009).
"officer" means
(a) a constable, a conservation officer, the director, an assistant director, a regional manager, or
(b) an employee of the government designated by name or position as an officer, by regulation of the minister;
Section 1 (1) definitions of "guiding area", "guiding territory", "guiding territory certificate" were added by 2008-33-8(a), effective June 15, 2009 (BC Reg 66/2009).
Section 1 (1) definition of "person" BEFORE amended by 2008-33-8(c), effective June 15, 2009 (BC Reg 66/2009).
"person", for the purpose of issuing a licence, limited entry hunting authorization or a registration of a trapline, means a natural person;
Section 1 (1) definition of "bag limit" was added by 2011-27-25, effective April 1, 2012 (BC Reg 67/2012).
Section 1 (1) definition of "initiation hunting licence" was added by 2011-27-26, effective April 1, 2013 (BC Reg 38/2013).
Section 1 (1) definition of "assistant guide" BEFORE amended by 2014-7-65(a), effective April 1, 2015 (BC Reg 18/2015).
"assistant guide" means a person licensed as an assistant guide under this Act;
Section 1 (1) definition of "person" BEFORE amended by 2014-7-65(b), effective June 12, 2015 (BC Reg 115/2015).
"person", for the purpose of issuing a licence, limited entry hunting authorization or guiding territory certificate or a registration of a trapline, means a natural person;
Section 1 definitions of "non resident" (part) and "non resident alien" BEFORE amended by 2017-10-56, effective November 2, 2017 (Royal Assent).
"non resident" means
"non resident alien" means a person who is neither a resident nor a non resident;
Section 2 (2) BEFORE amended by 2014-16-115, effective January 19, 2015 (BC Reg 7/2015).
(2) A person does not acquire a right of property in any wildlife except in accordance with a permit or licence issued under this Act or the Game Farm Act or as provided in subsection (3) of this section.
Section 4 (1) and (2) BEFORE amended by 2006-25-23, effective July 14, 2006 (BC Reg 215/2006).
(1) In this section, "park" and "recreation area" have the same meanings as in the Park Act.
(2) With the consent of the Lieutenant Governor in Council, the minister may, by regulation, designate as a wildlife management area land that is under the minister's administration and is not in a park or a recreation area.
Section 7 (3) BEFORE amended by 2003-53-177(b), effective July 8, 2004 (BC Reg 317/2004).
(3) For the purposes of subsection (1), the regional manager may issue a permit if the applicant has complied with section 3 of the Environment Management Act.
Section 7 (2) BEFORE amended by 2008-36-206, effective October 4, 2010 (BC Reg 274/2010).
(2) The regulations may provide that compliance with standards set by the Coal Act, Geothermal Resources Act, Mineral Tenure Act or Petroleum and Natural Gas Act or regulations or other instruments under those Acts constitutes sufficient compliance with subsection (1) and, for that purpose, may adopt different standards for different areas designated under sections 4 and 5.
Section 7 (2) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(2) The regulations may provide that compliance with standards set by the Coal Act, Geothermal Resources Act, Mineral Tenure Act or Oil and Gas Activities Act or regulations or other instruments under those Acts constitutes sufficient compliance with subsection (1) and, for that purpose, may adopt different standards for different areas designated under sections 4 and 5.
Section 11 (1) BEFORE amended by 2003-90-24(a), effective November 20, 2003 (Royal Assent).
(1) A person commits an offence if the person hunts wildlife or carries a firearm unless
(a) the person holds
(i) a hunting licence issued to him or her under this Act, if the person hunts,
(ii) any limited entry hunting authorization required by regulation, if the person hunts,
(iii) a firearm licence issued to him or her under this Act, if the person carries a firearm, and
(iv) any other licence required by regulation, if the person hunts or carries a firearm, or
(b) the person, if he or she is under 19 years of age, complies with subsection (5) and
(i) holds a hunting licence, or
(ii) his or her parent or guardian holds a hunting licence on his or her behalf.
Section 11 (3), (4) and (6) BEFORE repealed by 2003-90-24(b), effective November 20, 2003 (Royal Assent).
(3) A person must not issue a firearm licence to a person under 19 years of age.
(4) A person under 19 years of age commits an offence if the person carries a firearm unless the person is accompanied by and under the close personal supervision of a person who
(a) is 19 years of age or older, and
(b) holds, or is exempted from holding, a hunting licence or firearm licence.
(6) Despite subsections (1) and (4), a person may possess a firearm without a hunting licence or firearm licence in any of the following circumstances:
(a) aboard a boat used as his or her home;
(b) on property owned or occupied by the person or by his or her parent or guardian;
(c) while transporting a firearm as part of a move of household effects of his or her primary residence;
(d) if he or she is not a resident, while travelling in British Columbia in a motor vehicle on a highway as defined in the Highway Act.
Section 11 (9) BEFORE amended by 2003-90-24(c), effective November 20, 2003 (Royal Assent).
(9) Subsections (1) (a) (i), (iii) and (iv) and (8) do not apply to an Indian residing in British Columbia.
Section 11 (5) BEFORE amended by 2008-33-12, effective May 29, 2008 (Royal Assent).
(5) A person under 19 years of age 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 19 years of age or older, and
(b) holds, or is exempted from holding, a hunting licence.
Section 11 (1.1) BEFORE amended by 2011-27-27, effective April 1, 2013 (BC Reg 38/2013).
(1.1) Subsection (1) does not apply to a person under 14 years of age on whose behalf the parent or guardian holds a hunting licence issued in accordance with section 17 (5).
Section 11 (5) BEFORE amended by 2011-27-28, effective April 1, 2013 (BC Reg 38/2013).
(5) A person under 18 years of age 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) holds, or is exempted from holding, a hunting licence.
Section 11 (7) BEFORE repealed by 2016-11-31, effective May 19, 2016 (Royal Assent).
(7) A person must not issue a trapping licence to a person unless the applicant is a citizen of Canada or a permanent resident of Canada.
Section 15 BEFORE amended by 2016-11-33, effective March 31, 2017 (BC Reg 127/2017).
Issue of licences
15 (1) The director, or a person authorized by the director, may issue and authorize the issue of licences in the form, with the content and valid for the term the director, or a person authorized by the director, specifies.
(2) Applications for licences must be made in the manner and form required by the director, or a person authorized by the director.
Section 16 (1) (part) BEFORE amended by 2008-33-13(a), effective May 29, 2008 (Royal Assent).
(1) The Lieutenant Governor in Council, by regulation, may
Section 16 (1) definition of "attractant" was added by 2011-27-16, effective November 24, 2011 (Royal Assent).
Section 17 (3) and (8) BEFORE amended by 2003-90-25(a), effective November 20, 2003 (Royal Assent).
(3) Despite subsection (1), a hunting licence must not be issued to a person who is under 19 years of age unless a parent or guardian applies for the licence in person and signs a written undertaking that the parent or guardian will not allow the son, daughter 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 is 19 years of age or older and who holds a hunting licence or firearm licence.
(8) A parent or guardian commits an offence if he or she gives permission to his or her child or ward, who is under 19 years of age and with respect to whom the parent or guardian has given an undertaking under subsection (3), 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 is 19 years of age or older and who holds a hunting licence or firearm licence.
Section 17 (6) BEFORE amended by 2003-90-25(b), effective November 20, 2003 (Royal Assent).
(6) If a person 19 years of age or older accompanies a person under 19 years of age who carries a firearm, the older person commits an offence unless the older person holds or is exempted from holding
(a) a hunting licence, if the younger person is hunting, or
(b) a hunting licence or firearm licence, if the younger person is not hunting.
Section 17 (1) (b) BEFORE amended by 2008-33-12, effective May 29, 2008 (Royal Assent).
(b) is a non resident under 19 years of age, or a non resident alien under 19 years of age, unless the person is to be accompanied by a licensed guide or a person who holds a permit under section 70,
Section 17 (3) and (6) to (8) BEFORE amended by 2008-33-12, effective May 29, 2008 (Royal Assent).
(3) Despite subsection (1), a hunting licence must not be issued to a person who is under 19 years of age unless a parent or guardian applies for the licence in person and signs a written undertaking that the parent or guardian will not allow the son, daughter 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 is 19 years of age or older and who holds a hunting licence.
(6) A person who has reached 19 years of age commits an offence if, without holding a hunting licence or being exempt from holding a hunting licence, the person accompanies another person who is carrying a firearm and is under 19 years of age.
(7) A person 19 years of age or older, who accompanies a person under 19 years of age while the younger person hunts or is in possession of a firearm, commits an offence if
(a) the younger person is required to possess a hunting licence and does not possess a hunting licence, or
(b) the older person fails to provide close personal supervision of the younger person.
(8) A parent or guardian commits an offence if he or she gives permission to his or her child or ward, who is under 19 years of age and with respect to whom the parent or guardian has given an undertaking under subsection (3), 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 is 19 years of age or older and who holds a hunting licence.
Section 17 BEFORE re-enacted by 2011-27-29, effective April 1, 2013 (BC Reg 38/2013).
Youth licences
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.
(3) Despite subsection (1), a hunting licence must not be issued to a person who is under 18 years of age unless a parent or guardian applies for the licence in person and signs a written undertaking that the parent or guardian will not allow the son, daughter 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 is 18 years of age or older and who holds a hunting licence.
(4) For the purpose of subsection (3), if the parent or guardian is not a resident, he or she may apply for the licence in writing.
(5) Despite subsections (1) and (3), a hunting licence may only be issued to a parent or guardian on behalf of a son, daughter or ward who
(a) is 10 years of age or older,
(b) is under 14 years of age, and
(c) has not completed the examinations referred to in subsection (1).
(6) A person who has reached 18 years of age commits an offence if, without holding a hunting licence or being exempt from holding a hunting licence, the person accompanies another person who is carrying a firearm and is under 18 years of age.
(7) A person 18 years of age or older, who accompanies a person under 18 years of age while the younger person hunts or is in possession of a firearm, commits an offence if
(a) the younger person is required to possess a hunting licence and does not possess a hunting licence, or
(b) the older person fails to provide close personal supervision of the younger person.
(8) 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 given an undertaking under subsection (3), 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 is 18 years of age or older and who holds a hunting licence.
(9) If a person kills wildlife and the person
(a) has not successfully completed the examinations referred to in subsection (1), and
(b) is under 14 years of age,
the wildlife must be included in the bag limit of the person who accompanies him or her under section 11 (5).
Section 17 (1) (b) BEFORE amended by 2014-7-66, effective April 1, 2015 (BC Reg 18/2015).
(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,
Section 17 (2) BEFORE repealed by 2016-11-35, effective May 19, 2016 (Royal Assent).
(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
Section 17 BEFORE re-enacted by 2017-2-2, effective March 31, 2017 (BC Reg 127/2017).
Examinations
(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, an assistant guide issued a written authorization under section 48 (1.2) 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.
Section 17 (2) BEFORE amended by 2017-10-57, effective November 2, 2017 (Royal Assent).
(2) Subsection (1) does not apply in relation to a non resident, or a non resident alien, who is to be accompanied by
(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.
Section 17.1 (3) BEFORE amended by 2023-10-1174, effective March 30, 2023 (Royal Assent).
(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
Section 18 (a) BEFORE amended by 2003-90-26, effective November 20, 2003 (Royal Assent).
(a) requiring that a person, before being entitled to hunt or to receive a hunting licence or firearm licence, successfully complete examinations on conservation, outdoor recreation and safety approved by the director;
Section 18 (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) prescribing fees for any examinations required by or under this Act;
Section 19 (2) BEFORE amended by 2016-11-36, effective March 31, 2017 (BC Reg 127/2017).
(2) The form and conditions of the permit may be specified by the director.
Section 20 (1) BEFORE amended by 2016-11-37, effective March 31, 2017 (BC Reg 127/2017).
(1) Applications for permits must be made in the manner and form specified by the director.
Section 20 (2) BEFORE amended by 2017-10-57, effective November 2, 2017 (Royal Assent).
(2) If the director issues a permit to a non resident or non resident alien for a period of 14 days or less, the director may waive a prescribed fee.
Section 23 BEFORE repealed by 2003-90-27, effective November 20, 2003 (Royal Assent).
Killing or wounding
23 (1) A person who kills or wounds another person by the discharge of a firearm or a bow
(a) must immediately surrender his or her hunting licence and firearm licence to a conservation officer, and
(b) is prohibited, from the time of the killing or wounding until the expiry of a period beginning on the day of the surrender of his or her licence and continuing for
(i) 2 years, if the other person is wounded, or
(ii) 5 years, if the other person is killed,
from
(iii) hunting,
(iv) carrying a firearm, and
(v) obtaining a hunting licence or firearm licence,
and his or her hunting licence and firearm licence are cancelled.
(2) If a person who kills or wounds another person by the discharge of a firearm or a bow does not hold a hunting licence or firearm licence, the period in subsection (1) (b) begins on the day of the killing or wounding.
(3) The director may authorize the issue of a licence to a person to whom subsection (1) or (2) applies if the director is satisfied that it would not be contrary to the public interest.
Section 24 (2) BEFORE amended by 2003-90-28(a), effective November 20, 2003 (Royal Assent).
(2) If a person holding a licence or limited entry hunting authorization issued under this Act or the regulations is convicted of an offence under
(a) this Act, other than section 22, subsection (6), (7) or (14) of this section, sections 26 (1) (a), (e), (f) and (g), 28, 81 and 82,
(b) section 9 of the Firearm Act,
(c) the Migratory Birds Convention Act, 1994 (Canada) or its regulations,
(d) the Fisheries Act (Canada) or its regulations, or
(e) the Criminal Code respecting the use or possession of firearms while the person is hunting,
or for any other cause considered sufficient by the director, and after providing an opportunity for the person to be heard, the director may suspend the licence or limited entry hunting authorization and all rights under it for a period, within any prescribed limits, or may cancel it.
Section 24 (6) (c) BEFORE repealed by 2003-90-28(b), effective November 20, 2003 (Royal Assent).
(c) of a firearm licence, he or she carries a firearm, or
Section 24 (7) BEFORE amended by 2003-90-28(c), effective November 20, 2003 (Royal Assent).
(7) If the licence or limited entry hunting authorization held by a person has been cancelled, the person commits an offence if while the person is ineligible to obtain or renew
(a) a licence or limited entry hunting authorization, he or she applies for or in any way obtains a new licence or limited entry hunting authorization,
(b) a hunting licence, he or she hunts,
(c) a firearm licence, he or she carries a firearm, or
(d) an angling licence, he or she angles.
Section 24 (9) BEFORE repealed by 2003-90-28(d), effective November 20, 2003 (Royal Assent).
(9) A firearm licence issued to a person under this Act is cancelled automatically from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders (British Columbia) Act if the person is convicted of
(a) an offence under section 26 (1) (e) or (g),
(b) an offence under subsection (6), (7) or (14) of this section with respect to a firearm,
(c) an offence under section 81 or 82 with respect to a firearm licence,
(d) an offence under section 3 of the Firearm Act, or
(e) a second or subsequent offence as prescribed within 2 years.
Section 24 (11) and (13) BEFORE amended by 2003-90-28(e), effective November 20, 2003 (Royal Assent).
(11) A person to whom subsection (8), (9) or (10) applies must immediately surrender his or her licence or limited entry hunting authorization, or, if subsection (8) applies and the person holds both a hunting licence and a limited entry hunting authorization, both the hunting licence and the limited entry hunting authorization
(a) to the court, which must forward them without delay to the director, or
(b) to the director, if the director orders the person to do so.
(13) If a person to whom subsection (8), (9) or (10) otherwise applies does not hold a licence or limited entry hunting authorization or is exempted from holding one, the person is automatically prohibited from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders (British Columbia) Act, from doing the thing for which a licence or limited entry hunting authorization would ordinarily be required, and subsection (5) applies.
Section 24 (14) BEFORE amended by 2003-90-28(f), effective November 20, 2003 (Royal Assent).
(14) A person commits an offence if the person, during a period of prohibition under subsection (12) or (13),
Section 24 (1) BEFORE amended by 2003-85-87(a), effective April 1, 2004 (BC Reg 139/2004).
(1) In this section, "convicted" includes the granting of an absolute or conditional discharge.
Section 24 (8) BEFORE amended by 2003-85-87(b), effective April 1, 2004 (BC Reg 139/2004).
(8) A hunting licence or limited entry hunting authorization issued to a person under this Act is cancelled automatically from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders (British Columbia) Act if the person is convicted of
Section 24 (10) BEFORE amended by 2003-85-87(b), effective April 1, 2004 (BC Reg 139/2004).
(10) An angling licence issued to a person under this Act is cancelled automatically from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders (British Columbia) Act if the person is convicted of
Section 24 (13) BEFORE amended by 2003-85-87(c), effective April 1, 2004 (BC Reg 139/2004).
(13) If a person to whom subsection (8) or (10) otherwise applies does not hold a licence or limited entry hunting authorization or is exempted from holding one, the person is automatically prohibited from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders (British Columbia) Act, from doing the thing for which a licence or limited entry hunting authorization would ordinarily be required, and subsection (5) applies.
Section 24 (2) (b) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(b) cancel or suspend, for a period within prescribed limits, any limited entry hunting authorization or licence that is issued to the person under this Act or the regulations.
Section 24 (3), (4) and (11) BEFORE repealed by 2016-11-38, effective March 31, 2017 (BC Reg 127/2017).
(3) On notice of a suspension or cancellation under subsection (2), the person must immediately deliver the licence or limited entry hunting authorization to the director.
(4) If a licence or limited entry hunting authorization is suspended, the director must return it to the person at the expiration of the period of suspension.
(11) A person to whom subsection (8) or (10) applies must immediately surrender his or her licence or limited entry hunting authorization, or, if subsection (8) applies and the person holds both a hunting licence and a limited entry hunting authorization, both the hunting licence and the limited entry hunting authorization
(a) to the court, which must forward them without delay to the director, or
(b) to the director, if the director orders the person to do so.
Section 33 (3) BEFORE amended by 2014-16-116, effective January 19, 2015 (BC Reg 7/2015).
(3) Subsections (1) and (2) do not apply to a person acting under a licence under the Fur Farm Act or the Game Farm Act.
Section 33.1 BEFORE repealed by 2011-27-17, effective November 24, 2011 (Royal Assent).
Feeding dangerous wildlife
33.1 (1) A person who intentionally feeds or attempts to feed dangerous wildlife commits an offence.
(2) A person commits an offence if the person, with the intent of attracting dangerous wildlife to any land or premises, provides, leaves or places in, on or about the land or premises food, food waste or any other substance that could attract dangerous wildlife to the land or premises.
(3) Subsection (2) does not apply to a person who is engaging in hunting or trapping dangerous wildlife in accordance with all other applicable provisions of this Act and the regulations.
Section 36 (2) (c) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).
(c) the carcass is presented to an employee of the Ministry of Environment, Lands and Parks or other person specified by the Lieutenant Governor in Council for inspection.
Section 47 (b) (i) BEFORE amended and (i.1) was added by 2014-7-67, effective April 1, 2015 (BC Reg 18/2015).
Section 48 (3) BEFORE amended by 2008-33-14, effective June 15, 2009 (BC Reg 66/2009).
(3) A guide outfitter must be present in his or her guide area during substantially all the times when his or her assistant guides are guiding for game.
Section 48 (1) and (2) BEFORE amended and (1.1) to (1.3) and (2.1) to (2.3) were added by 2014-7-68, effective April 1, 2015 (BC Reg 18/2015).
(1) A person commits an offence if the person acts as a guide for game, or offers to act as a guide for game, unless the person
(a) holds a guide outfitter licence,
(b) holds an assistant guide licence,
(c) holds another licence to guide for game, or
(d) accompanies or assists a person to hunt game birds or small game on land other than Crown land.
(2) A person who holds a guide outfitter licence commits an offence if the person employs another person to guide for game and that other person does not hold an assistant guide licence.
Section 51 (1) (b) and (c) BEFORE amended by 2008-33-15(a), effective March 6, 2009 (BC Reg 64/2009).
(b) has held assistant guide licences for 24 months and actively guided during that time, and
(c) has public liability insurance and other qualifications prescribed by regulation.
Section 51 (1) (a), (b) and (c) BEFORE amended by 2009-20-22, effective October 29, 2009 (Royal Assent).
(1) A regional manager may issue a guide outfitter licence to a person who
(a) is a citizen of Canada or a permanent resident of Canada,
(b) has public liability insurance prescribed by regulation, and
(c) has other qualifications prescribed by regulation.
Section 53 (2) BEFORE amended by 2011-27-31(b) effective April 1, 2012 (BC Reg 67/2012).
(2) For the purpose of subsection (1) (e), (g), (h), (i), (j) and (k), the Lieutenant Governor in Council may make different regulations for different classes of streams or lakes or for different areas of British Columbia.
Section 54 BEFORE amended by 2009-20-23, effective October 29, 2009 (Royal Assent).
(1) The regional manager or the regional manager's designate may issue a licence to an assistant guide or assistant angling guide who is a citizen of Canada or a permanent resident of Canada and is 19 years of age or older.
Section 54 (1) BEFORE amended by 2008-33-16, effective November 26, 2012 (BC Reg 396/2012).
Note: 2008-33-16 was further amended by 2009-20-15, effective October 20, 2009 (Royal Assent).
(1) The regional manager or the regional manager's designate
(a) may issue an assistant guide licence or an assistant angling guide licence to a person if both of the following apply:
(i) the person is a citizen of Canada or a permanent resident of Canada;
(ii) the person is 19 years of age or older, and
(b) must issue an assistant guide licence to a person if the person is a person to whom the regional manager is obliged under the Labour Mobility Act to issue an assistant guide licence.
Section 54 BEFORE re-enacted by 2014-7-69, effective April 1, 2015 (BC Reg 18/2015).
Issue of assistant guide licence
54 (1) The regional manager or the regional manager's designate
(a) may issue an assistant guide licence to a person if the person meets the prescribed qualifications,
(b) must issue an assistant guide licence to a person if the person is a person to whom the regional manager is obliged under the Labour Mobility Act to issue an assistant guide licence, and
(c) may issue an assistant angling guide licence to a person if both of the following apply:
(i) the person is a citizen of Canada or a permanent resident of Canada;
(ii) the person is 19 years of age or older.
(2) A licence of an assistant guide or assistant angling guide is only valid when endorsed with the signature of the guide outfitter or angling guide who employs the assistant guide or assistant angling guide.
Section 54 (1) and (2) BEFORE amended by 2016-11-40, effective May 19, 2016 (Royal Assent).
(1) The regional manager or the regional manager's designate may issue an assistant angling guide licence to a person if both of the following apply:
(a) the person is a citizen of Canada or a permanent resident of Canada;
(b) the person is 19 years of age or older.
(2) A licence of an assistant angling guide is valid only when endorsed with the signature of the angling guide who employs the assistant angling guide.
Section 55 (1) (c) BEFORE repealed by 2011-27-32, effective April 1, 2012 (BC Reg 67/2012).
(c) within 10 days after the hunt is concluded, deliver the original of the completed guide report to the regional manager.
Section 58 BEFORE re-enacted by 2008-33-18, effective June 15, 2009 (BC Reg 66/2009).
Non use of area
58 If a guide outfitter or an angling guide does not guide or states that he or she does not intend to guide hunters or anglers in a year,
(a) the guide outfitter or angling guide may apply to the regional manager for permission to temporarily discontinue or partially discontinue the use of his or her guiding area or the use of the waters or area authorized by his or her angling guide licence, as the case may be, or
(b) the regional manager must review the guide outfitter's or 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 guide outfitter licence or certificate or both or the angling guide's licence.
Section 59 BEFORE re-enacted by 2008-33-19, effective June 15, 2009 (BC Reg 66/2009).
Guide outfitter's certificate
59 (1) On application for a guide outfitter's certificate by a person licensed as a guide outfitter, the regional manager may issue a certificate in a form and containing conditions the director may specify granting the holder
(a) the privilege of acting as a guide in the area described in the certificate, and
(b) the exclusive guiding privileges for a period not exceeding 10 years.
(2) On each 5th anniversary of the date of issue of a guide outfitter's certificate, the regional manager may issue a new certificate, on application by the guide outfitter, for a period not exceeding 10 years.
Section 59 (3) BEFORE amended by 2011-27-33 effective July 1, 2012 (BC Reg 193/2012).
(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.
Section 59 (7) BEFORE amended by 2011-27-33 effective July 1, 2012 (BC Reg 193/2012).
(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.
Section 59 (6) BEFORE amended by 2014-7-71, effective April 9, 2014 (Royal Assent).
(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.
Section 59 (1) (a) BEFORE repealed by 2014-7-70(a), effective June 12, 2015 (BC Reg 115/2015).
(a) is a citizen of Canada or a permanent resident of Canada,
Section 59 (1) (b) and (c) BEFORE amended by 2014-7-70(b) and (c), effective June 12, 2015 (BC Reg 115/2015).
Section 59 (2) BEFORE amended by 2016-11-42, effective March 31, 2017 (BC Reg 127/2017).
(2) The director may specify the form of and conditions contained in a guiding territory certificate.
Section 61 (1) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(1) If a person holds, held within the last year or applies to renew, a guide outfitter's licence, guide outfitter's certificate, assistant guide licence or another licence to guide for game, angling guide licence, assistant angling guide licence, trapping licence, fur trader's licence or registration of a trapline and the person is convicted of an offence under this Act or the regulations or does not comply with the conditions contained in or restrictions imposed on his or her licence, certificate or registration, or for another cause that the regional manager considers reasonable, the regional manager may conduct a hearing to determine whether the person should continue to enjoy the privileges afforded him or her by the licence or certificate or by having the registration and may do one or more of the following:
Section 61 (1) (part) BEFORE amended by 2008-33-20, effective June 15, 2009 (BC Reg 66/2009).
(1) If a person holds, held within the last year or applies to renew, a guide outfitter's licence, guide outfitter's certificate, assistant guide licence or another licence to guide for game, angling guide licence, assistant angling guide licence, trapping licence, fur trader's licence or registration of a trapline and the person is convicted of an offence under this Act or does not comply with the conditions contained in or restrictions imposed on his or her licence, certificate or registration, or for another cause that the regional manager considers reasonable, the regional manager may conduct a hearing to determine whether the person should continue to enjoy the privileges afforded him or her by the licence or certificate or by having the registration and may do one or more of the following:
Section 61 BEFORE amended and (1.1) was added by 2014-7-72, effective April 1, 2015 (BC Reg 18/2015).
Action if conditions of licence, certificate or registration not fulfilled
61 (1) If a person holds, held within the last year or applies to renew, a guide outfitter's licence, guiding territory certificate, assistant guide licence or another licence to guide for game, angling guide licence, assistant angling guide licence, trapping licence, fur trader's licence or registration of a trapline and the person is convicted of an offence under this Act or does not comply with the conditions contained in or restrictions imposed on his or her licence, certificate or registration, or for another cause that the regional manager considers reasonable, the regional manager may conduct a hearing to determine whether the person should continue to enjoy the privileges afforded him or her by the licence or certificate or by having the registration and may do one or more of the following:
(a) suspend, cancel or refuse to issue or renew the person's licence, certificate or registration;
(b) amend the licence, certificate or registration to specify a different area in which the person may operate;
(c) in the case of a guide outfitter, amend the licence to further limit the numbers, age and sex of game in respect of which the person may guide;
(d) amend the licence, certificate or registration to require the person to meet other conditions or restrictions that the regional manager considers appropriate;
(e) in the case of an angling guide, reduce or cancel an angler day quota attached to that person's licence.
(2) The person in respect of whom the hearing under subsection (1) is to be conducted must be given reasonable notice of the time and place for the hearing.
(2.1) Notice required by subsection (2) may be given in accordance with section 101 (3).
(3) A hearing conducted under subsection (1) must be held in public unless the minister orders that the hearing be held in private.
(4) If notice of a hearing under subsection (1) is given to the holder of a licence, certificate or registered trapline and the licence or certificate expires or the registration ceases before the regional manager conducts the hearing or makes a determination under that subsection, the regional manager
(a) may proceed to hear and determine the matter, and
(b) is not obliged to renew or consider renewal of the licence or certificate or grant registration of the trapline until the earlier of the following:
(i) the end of the 30 day period immediately after the licence or certificate expires or the registration ceases;
(ii) the regional manager makes the determination after the hearing is held.
(5) Despite subsection (4), if the hearing is delayed at the request of the holder of the licence, certificate or registered trapline, the regional manager is not obliged to consider renewing the licence or certificate or granting the registration of the trapline until the regional manager makes the determination after the hearing is held.
Section 61 (2.1) BEFORE repealed by 2016-11-43, effective April 15, 2019 (BC Reg 85/2019).
(2.1) Notice required by subsection (2) may be given in accordance with section 101 (3).
Section 62 BEFORE re-enacted by 2008-33-21, effective June 15, 2009 (BC Reg 66/2009).
Transfers subject to approval
62 (1) The privileges conferred in a guide outfitter's licence or certificate may not be transferred without the authorization of the regional manager.
(2) Guiding privileges in a portion of a guiding area held under a guide outfitter's licence or certificate may not be transferred without the authorization of the regional manager.
Section 62 BEFORE re-enacted by 2014-7-73, effective June 12, 2015 (BC Reg 115/2015).
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.
Section 63 BEFORE repealed by 2008-33-22, effective June 15, 2009 (BC Reg 66/2009).
Cancellation of certificate
63 If a guide outfitter's licence is cancelled or if a guide outfitter fails to renew his or her licence or pay an annual fee for more than one year, his or her privileges in and to a guide outfitter's certificate terminate, and the guide outfitter must surrender the guide outfitter's certificate to the regional manager.
Section 64 (1) BEFORE amended by 2008-33-23(a), effective June 15, 2009 (BC Reg 66/2009).
(1) A guide outfitter's certificate is part of the estate of the guide outfitter and, subject to the approval of the regional manager, the heirs or administrators of a deceased guide outfitter may transfer, within 2 years after the guide outfitter's death, the privileges conferred by the certificate to a person who qualifies under section 51 for a guide outfitter licence.
Section 64 (4) BEFORE amended by 2008-33-23(b), effective June 15, 2009 (BC Reg 66/2009).
(4) If privileges conferred by a guide outfitter's certificate or an angling guide licence are not transferred in accordance with this section, the heirs or administrators must surrender the guide outfitter's certificate or the angling guide licence, as the case may be, to the regional manager.
Section 64 (1) BEFORE amended by 2014-7-75, effective June 12, 2015 (BC Reg 115/2015).
(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).
Section 64 (3) BEFORE amended by 2023-10-1175, effective March 30, 2023 (Royal Assent).
(3) If an annual fee for a guide outfitter licence or an angling guide licence becomes due in the interval between the death of the licence holder and the date of a transfer under this section, no annual fee is payable.
Section 65 BEFORE re-enacted by 2008-33-24, effective June 15, 2009 (BC Reg 66/2009).
Disposal of guiding areas
65 (1) If the privilege of guiding in an area is not assigned in a licence or certificate, the regional manager may designate the area as a guiding area.
(2) If
(a) the regional manager designates a new guiding area, or
(b) a guide outfitter's certificate or licence is surrendered to the government and the regional manager considers that the privilege of guiding in the area described in the certificate or licence should be reassigned,
the privilege of guiding in that area 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 guide outfitter licence.
(3) If the privilege of guiding in an area is not assigned in a licence or certificate and the regional manager considers that the area is not by itself suitable for designation as a guiding area, the regional manager may assign, by amendment to the licence or to the licence and certificate and on payment of the prescribed charge, the privilege of guiding in all or part of that area to any guide outfitter holding a licence or a licence and certificate in respect of an adjoining area.
Section 67 (part) BEFORE amended by 2008-33-26, effective June 15, 2009 (BC Reg 66/2009).
A guide outfitter's certificate or angling guide's licence does not
Section 68 BEFORE amended by 2003-52-528, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
68 The regional manager must not cancel a guide outfitter's licence or certificate or an angling guide's licence because of the establishment of a park under the Park Act, the Protected Areas of British Columbia Act or the Local Government Act in the area described in the licence or certificate.
Section 68 BEFORE amended by 2008-33-27, effective June 15, 2009 (BC Reg 66/2009).
The regional manager must not cancel a guide outfitter's licence or certificate or an angling guide's licence because of the establishment of a park under the Park Act, the Protected Areas of British Columbia Act, the Community Charter or the Local Government Act in the area described in the licence or certificate.
Section 69 BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
69 A guide outfitter commits an offence if the guide outfitter fails to pay to the Minister of Finance and Corporate Relations a royalty on an animal taken by a person guided by the guide outfitter, or guided on his or her behalf, in the amount and within the time prescribed by regulation.
Section 70 BEFORE amended by 2017-10-57, effective November 2, 2017 (Royal Assent).
Permit in guide area
70 (1) The regional manager may, by issuing a permit containing conditions the regional manager considers suitable, authorize
(a) a resident, who holds a hunting licence and meets the prescribed qualifications, to accompany
as provided in the regulations, while hunting big game, if no remuneration is requested by, offered to or accepted by the permittee, or
(b) a guide outfitter or angling guide to guide in an area other than that endorsed on his or her guide outfitter licence or angling guide licence.
(2) A person commits an offence if the person, without a permit issued under subsection (1), accompanies a non resident or a non resident alien referred to in subsection (1) (a) (i) or (ii) while the non resident or the non resident alien hunts for big game.
Section 73 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
73 (1) A person commits an offence if the person, having in possession a pelt or skin of a fur bearing animal not raised in captivity and on which a royalty has not already been paid under this section, fails to pay to the Minister of Finance and Corporate Relations a royalty, as prescribed by regulation, on each pelt and skin in his or her possession.
Section 75 BEFORE re-enacted by 2004-30-16, effective April 29, 2004 (Royal Assent).
75 A person commits an offence if the person
(a) kills or wounds wildlife, other than prescribed wildlife, by accident or for the protection of life or property, and
(b) does not report promptly to an officer the killing or wounding and the location of the wildlife.
Section 76 BEFORE renumbered as 76(1) and (2) and (3) were added by 2014-16-117, effective January 19, 2015 (BC Reg 7/2015).
Section 82 (1) (b), (c), (d) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(b) on a licence or permit issued by him or her under this Act or the regulations,
(c) in a book, record, certificate, report or return made, kept or furnished under this Act or the regulations, or
(d) to an officer engaged in the discharge of his or her duties under this Act or the regulations, if the person is required to provide information under this Act or the regulations.
Section 82 (4) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(4) A person commits an offence if the person obliterates, alters, imitates or duplicates a stamp, tag, seal, brand, mark or signature that is placed on wildlife or a part of wildlife under this Act or the regulations.
Section 84 (6.1), (6.2), (6.3) and (6.4) were added by 2003-90-29, effective November 20, 2003 (Royal Assent).
Section 84 (1) (c) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(c) subsections (5) and (6) apply in relation to any offence under this Act or the regulations that is not referred to in paragraph (a) or (b).
Section 84 (1) BEFORE amended by 2004-30-17, effective April 29, 2004 (Royal Assent).
(1) For the purpose of determining the fines and penalties to which a person is subject on conviction for an offence under this Act or a regulation under this Act,
Section 84 (6.2) and (6.3) BEFORE amended by 2004-30-18, effective April 29, 2004 (Royal Assent).
(6.2) If a thing, other than wildlife, has been seized in relation to an offence under this Act, the Firearm Act or their regulations, the court may
(6.3) If a person is convicted of an offence under this Act, the Firearm Act or their regulations, the court must order returned to the government any wildlife seized in relation to that offence that has not already been disposed of under section 97.2, 97.3 or 97.6 if the wildlife was
Section 84 (2) (a) and (b) BEFORE amended by 2008-33-28(a) and (b), effective September 9, 2008 (BC Reg 244/2008).
(a) on a first conviction, to a fine of not more than $100 000 and not less than $1 000 or to a term of imprisonment not exceeding one year, or both, and
(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (a), to a fine of not more than $150 000 and not less than $2 000 or to a term of imprisonment not exceeding 18 months, or both.
Section 84 (3) (a) and (b) BEFORE amended by 2008-33-28(c) and (d), effective September 9, 2008 (BC Reg 244/2008).
(a) on a first conviction, to a fine of not more than $50 000 or to a term of imprisonment not exceeding 6 months, or both, and
(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (b), to a fine of not more than $100 000 and not less than $1 000 or to a term of imprisonment not exceeding one year, or both.
Section 84 (5) (a) and (b) BEFORE amended by 2008-33-28(e) and (f), effective September 9, 2008 (BC Reg 244/2008).
(a) on a first conviction, to a fine of not more than $25 000 or to a term of imprisonment not exceeding 6 months, or both, and
(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (c), to a fine of not more than $50 000 and not less than $500 or to a term of imprisonment not exceeding one year, or both.
Section 84 (1) (b) BEFORE amended by 2011-27-18, effective November 24, 2011 (Royal Assent).
(b) subsections (3) and (4) apply in relation to an offence
(i) under section 7 (5), 9, 17 (7) or (8), 21 (1) or (1.1), 24 (6), (7) or (14), 26 (1) (c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1) or (2), 34, 38, 46, 47, 48 (1) or (2), 49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3), 78, 80, 81, 82 (1) (d), 85 (2) (c) (i) or (ii), 88.1 (7), 95 (2), 96 (1) or 97 (b), or
(ii) prescribed under section 108 (3) (l) (ii), and
Section 84 (1) (b) (i) BEFORE amended by 2011-27-34, effective April 1, 2013 (BC Reg 38/2013).
(i) under section 7 (5), 9, 17 (7) or (8), 21 (1) or (1.1), 24 (6), (7) or (14), 26 (1) (c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1), 34, 38, 46, 47, 48 (1) or (2), 49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3), 78, 80, 81, 82 (1) (d), 85 (2) (c) (i) or (ii), 88.1 (7), 95 (2), 96 (1) or 97 (b), or
Section 84 (1) (b) BEFORE amended and (i.1) and (i.2) were added by 2014-7-77, effective April 1, 2015 (BC Reg 18/2015).
(b) subsections (3) and (4) apply in relation to an offence
(i) under section 7 (5), 9, 17.1 (4), 17.2 (2) or (3), 21 (1) or (1.1), 24 (6), (7) or (14), 26 (1) (c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1), 34, 38, 46, 47, 48 (1) or (2), 49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3), 78, 80, 81, 82 (1) (d), 85 (2) (c) (i) or (ii), 88.1 (7), 95 (2), 96 (1) or 97 (b), or
Section 84 (1) and (2) BEFORE amended by 2016-11-44(a), (b) and (c), effective May 19, 2016 (Royal Assent).
(1) For the purpose of determining the fines and penalties to which a person is subject on conviction for an offence under this Act,
(a) subsection (2) applies in relation to an offence
(i) under section 6.1, 7 (1), 22, 26 (1) (a), (b), (e), (f) or (g), 27 (2), 28 or 82 (1) (a), (b) or (c), (3) or (4), or
(ii) prescribed under section 108 (3) (l) (i),
(b) subsections (3) and (4) apply in relation to an offence
(i) under section 7 (5), 9, 17.1 (4), 17.2 (2) or (3), 21 (1) or (1.1), 24 (6), (7) or (14), 26 (1) (c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1), 34, 38, 46, 47, 48 (1), 49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3), 78, 80, 81, 82 (1) (d), 85 (2) (c) (i) to (iv),88.1 (7), 95 (2), 96 (1) or 97 (b),
(i.1) under section 48 (2) respecting the contravention of any of the provisions of section 48 (1.1),
(i.2) under section 48 (2.2) respecting the failure to meet a requirement under section 48 (2.1) (c) or (f), or
(ii) prescribed under section 108 (3) (l) (ii), and
(c) subsections (5) and (6) apply in relation to any offence under this Act that is not referred to in paragraph (a) or (b).
(2) A person who commits an offence referred to in subsection (1) (a) is liable,
(a) on a first conviction, to a fine of not more than $250 000 and not less than $2 500 or to a term of imprisonment not exceeding 2 years, or both, and
(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (a), to a fine of not more than $500 000 and not less than $5 000 or to a term of imprisonment not exceeding 3 years, or both.
Section 84 (1) (a) (i) BEFORE amended by 2017-2-4(a), effective March 31, 2017 (BC Reg 127/2017).
(i) under section 6.1, 7 (1), 22, 26 (1) (a), (b), (e), (f) or (g), 27 (2), 28 or 82 (1) (a), (b) or (c), (3) or (4), or
Section 84 (1) (b) (i) and (i.2) BEFORE amended by 2017-2-4(b) and (c), effective March 31, 2017 (BC Reg 127/2017).
(i) under section 7 (5), 9, 17.1 (4), 17.2 (2) or (3), 21 (1) or (1.1), 24 (6), (7) or (14), 26 (1) (c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1), 34, 38, 46, 47, 48 (1),49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3), 78, 80, 81, 82 (1) (d), 85 (2) (c) (i) to (iv), 88.1 (7), 95 (2), 96 (1) or 97 (1) (b),
(i.2) under section 48 (2.2) respecting the failure to meet a requirement under section 48 (2.1) (c) or (f), or
Section 84 (2.1) (a) BEFORE amended by 2017-2-4(e), effective March 31, 2017 (BC Reg 127/2017).
(a) if the first conviction is for an offence under section 82 (1) (a), to a fine of not more than $250 000, and
Section 84.1 (1) (e) (i) BEFORE repealed by 2002-7-24, effective July 1, 2002 (BC Reg 157/2002).
(i) Fisheries Renewal BC,
Section 84.1 (1) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(1) If a person is convicted of an offence under this Act or the regulations, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:
Section 84.1 (1) (e) (ii) BEFORE amended by 2007-24-50, effective June 21, 2007 (BC Reg 215/2007).
(ii) the Habitat Conservation Trust Fund, or
Section 84.3 (1) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(1) If a person is convicted of an offence under this Act or the regulations and the court is satisfied that, as a result of the commission of the offence, the person acquired any monetary benefits or that monetary benefits accrued to the person, the court may order the person to pay a fine equal to the court's estimation of the amount of those monetary benefits.
Section 85 (1) (a) BEFORE amended by 2004-30-19, effective April 29, 2004 (Royal Assent).
(a) fails to pay, within the time required by law, a fine imposed as a result of the person's conviction for an offence under this Act or the regulations or under the Firearm Act, and
Section 85 (2) (b) and (c) BEFORE amended and (b.1), (b.2), (c)(iii) and (iv) were added by 2014-7-78, effective April 1, 2015 (BC Reg 18/2015).
(b) all licences, permits and limited entry hunting authorizations issued to that person under this Act are cancelled immediately and automatically on the failure to pay the fine, and
(c) the person commits an offence if, before that fine is paid, the person
(i) applies for, or in any way obtains, a licence, permit or limited entry hunting authorization under this Act, or
(ii) does anything for which a licence, permit or limited entry hunting authorization under this Act is required.
Section 88 (1) and (2) BEFORE amended by 2003-90-31(a), effective November 20, 2003 (Royal Assent).
(1) A conservation officer or constable may, if he or she has reasonable and probable grounds to believe that by reason of consumption of alcohol a person who is hunting or carrying a firearm is affected in his or her ability to hunt or handle a firearm safely and responsibly, request that person to surrender any firearms in his or her possession and his or her hunting licence and firearm licence.
(2) A conservation officer or constable may, if he or she has reasonable and probable grounds to believe that a person who is hunting or carrying a firearm is affected by a drug in his or her ability to hunt or handle a firearm safely and responsibly, request that person to surrender any firearms in his or her possession and his or her hunting licence and firearm licence.
Section 88 (3) BEFORE amended by 2003-90-31(b), effective November 20, 2003 (Royal Assent).
(3) On a request being made under subsection (1), the hunting licence and firearm licence of the person are suspended, his or her rights to hunt and to carry a firearm are suspended and the person must immediately surrender to the conservation officer or constable any firearms in the person's possession and the person's hunting licence and firearm licence.
Section 88 (4) BEFORE amended by 2003-90-31(c), effective November 20, 2003 (Royal Assent).
(4) A conservation officer or constable must return the firearms and the licences surrendered under subsection (3) to the person on
Section 88 (6) BEFORE amended by 2003-90-31(d), effective November 20, 2003 (Royal Assent).
(6) If a person to whom subsection (2) applies satisfies a conservation officer or constable having charge of the matter that his or her ability to hunt or handle a firearm safely and responsibly is not affected by a drug other than alcohol, the suspensions are terminated and the firearms and licences must be returned to the person.
Section 88 (7) BEFORE amended by 2003-90-31(e), effective November 20, 2003 (Royal Assent).
(7) The hunting licence or firearm licence of a person who refuses to surrender his or her licence under this section is invalid for every purpose and is suspended until the expiration of the period of suspension that would otherwise have applied under subsections (4) and (5).
Section 88 (8) BEFORE amended by 2003-90-31(f), effective November 20, 2003 (Royal Assent).
(8) If a person who has been requested to surrender his or her licences under this section does not hold a hunting licence or firearm licence issued under this Act, the person is deemed to be a person whose licence is suspended until the occurrence of an event or the expiry of the time at which, had he or she been the holder of a licence, the conservation officer or constable would have been required to return the licence to him or her under subsection (4), (5) or (6).
Section 88 (4) (c) BEFORE amended by 2014-14-140, effective May 29, 2014 (Royal Assent).
(c) the production by the person to the conservation officer or constable of a certificate made by a medical practitioner after the suspension and certifying that the blood of the person contains less than 50 mg of alcohol to 100 ml of blood,
Section 88 (1), (2), (3), (4) and (6) BEFORE amended by 2016-11-45(a) to (f), effective March 31, 2017 (BC Reg 127/2017).
(1) A conservation officer or constable may, if he or she has reasonable and probable grounds to believe that by reason of consumption of alcohol a person who is hunting or carrying a firearm is affected in his or her ability to hunt or handle a firearm safely and responsibly, request that person to surrender any firearms in his or her possession and his or her hunting licence.
(2) A conservation officer or constable may, if he or she has reasonable and probable grounds to believe that a person who is hunting or carrying a firearm is affected by a drug in his or her ability to hunt or handle a firearm safely and responsibly, request that person to surrender any firearms in his or her possession and his or her hunting licence.
(3) On a request being made under subsection (1),
(a) the hunting licence of the person is suspended and the person must not hunt or carry a firearm, and
(b) the person must immediately surrender to the conservation officer or constable all firearms in the person's possession and the person's hunting licence.
(4) A conservation officer or constable must return the firearms and the licence surrendered under subsection (3) to the person on
(a) the person promptly undergoing a test that indicates his or her blood contains less than 50 mg of alcohol to 100 ml of blood,
(b) the expiration of 24 hours after the surrender, or
(c) the production by the person to the conservation officer or constable of a certificate made by a medical practitioner or nurse practitioner after the suspension and certifying that the blood of the person contains less than 50 mg of alcohol to 100 ml of blood,
and the suspensions are terminated on the person satisfying the requirements of paragraph (a), (b) or (c).
(6) If a person to whom subsection (2) applies satisfies a conservation officer or constable having charge of the matter that his or her ability to hunt or handle a firearm safely and responsibly is not affected by a drug other than alcohol, the suspensions are terminated and the firearms and licence must be returned to the person.
Section 88 (7) BEFORE repealed by 2016-11-45(g), effective March 31, 2017 (BC Reg 127/2017).
(7) The hunting licence of a person who refuses to surrender his or her licence under this section is invalid for every purpose and is suspended until the expiration of the period of suspension that would otherwise have applied under subsections (4) and (5).
Section 88 (8) BEFORE amended by 2016-11-45(h), effective March 31, 2017 (BC Reg 127/2017).
(8) If a person who has been requested to surrender his or her licence under this section does not hold a hunting licence issued under this Act, the person is deemed to be a person whose licence is suspended until the occurrence of an event or the expiry of the time at which, had he or she been the holder of a licence, the conservation officer or constable would have been required to return the licence to him or her under subsection (4), (5) or (6).
Section 88.1 (4) (c) BEFORE amended by 2003-53-177(c) effective July 8, 2004 (BC Reg 317/2004).
(c) a facility for the disposal of waste, that is operated in accordance with the Waste Management Act by a municipality, as defined in section 1 (1) of that Act.
Section 88.1 (1) BEFORE repealed by 2011-27-19, effective November 24, 2011 (Royal Assent).
(1) In this section:
"attractant" means food, food waste, compost or other waste or garbage that could attract dangerous wildlife;
"private dwelling" means a structure used solely as a private residence or a residential accommodation within any other structure.
Section 94 (1) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(1) A conservation officer or constable may seize wildlife or fish or parts of either wildlife or fish, anything referred to in paragraph (b) and anything found in, on or about a place, building or premises, or in the possession of a person, that might afford evidence of the commission of an offence under this Act or the regulations, if the conservation officer or constable
(a) finds in the possession of a person, or in, on or about a place or thing referred to in section 93, wildlife or fish that the conservation officer or constable believes on reasonable grounds was killed, taken or possessed in violation of this Act or the regulations, or is about to be illegally exported, or
(b) finds firearms, ammunition, decoys, traps, fishing rods or other devices or materials, implements or appliances for hunting or trapping wildlife or for catching fish, that the conservation officer or constable believes on reasonable grounds were held, kept or used for or in connection with a violation of this Act or the regulations.
Section 97 BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
97 If a person who is required to hold a licence, permit or limited entry hunting authorization issued under this Act or the regulations
(a) fails to produce it for inspection to an officer on request, or
(b) fails or refuses to state his or her name and address to an officer on request,
the person commits an offence.
Section 97 BEFORE re-enacted by 2017-2-5, effective March 31, 2017 (BC Reg 127/2017).
Production of licence or permit
97 If a person who is required to hold a licence, permit or limited entry hunting authorization issued under this Act
(a) fails to produce it for inspection to an officer on request, or
(b) fails or refuses to state his or her name and address to an officer on request,
the person commits an offence.
Section 97.6 (7) (a) BEFORE amended by BC Reg 342/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 342/2006).
(a) a person does not make an application within the time limit under subsection (2), or
Section 97.71 (1) BEFORE amended by 2016-11-47(a), effective April 15, 2019 (BC Reg 85/2019).
(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.
Section 97.71 (2) BEFORE repealed by 2016-11-47(b), effective April 15, 2019 (BC Reg 85/2019).
(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.
Section 97.73 (2) BEFORE repealed by 2016-11-48, effective April 15, 2019 (BC Reg 85/2019).
(2) Notice under subsection (1) (b) may be served in accordance with section 101 (3).
Section 98 BEFORE re-enacted by 2003-90-34, effective November 20, 2003 (Royal Assent).
Disposition of property seized
98 (1) If property, other than wildlife or fish or a part of either, is seized under this Act, an application respecting the property may be made on behalf of the minister to a justice who,
(a) if satisfied that it was used in the commission of an offence under this Act or the regulations or the Firearm Act or that possessed in violation of this Act or the regulations, may order the property forfeited to the government,
(b) if paragraph (a) does not apply and the ownership of the property has been determined, must order the property released to the owner, or
(c) if paragraphs (a) and (b) do not apply, may order that the property be returned to the minister to be held by the minister.
(2) If an order is made under subsection (1) (c) and the ownership of the property has not been determined within one year of the date of the order, the property is forfeited to the government.
(3) If an owner who is notified by an officer of an order under subsection (1) (b) has not removed the property from the place specified in the notice within one year after the date on the notice, the property is forfeited to the government.
(4) If wildlife or fish or parts of either are seized under this Act, and if the conservation officer who has custody of them believes on reasonable grounds that the wildlife or fish or parts of either will rot, spoil or otherwise perish, the conservation officer may dispose of them in a manner considered proper by the minister.
(5) If wildlife or fish or parts of either are exhibits in a prosecution under this Act, at the conclusion of the appeal period in the prosecution they must be delivered to the minister.
(6) If anything is forfeited to the government or delivered to the minister under this section, the minister may dispose of it in a manner the minister considers proper.
Section 98 BEFORE amended by 2007-14-200, effective December 1, 2007 (BC Reg 354/2007).
98 If property, other than wildlife, that is seized in relation to an offence under this Act, the Firearm Act or their regulations is ordered returned to a person under section 24.2 (4) (a) or (b) of the Offence Act and the person does not, within 6 months after receiving notice from the responsible official of that order, remove the property from the place specified in the notice, the property is forfeited to the government, to be disposed of as the minister directs.
Section 98.1 (1) (a) BEFORE amended by 2004-30-18, effective April 29, 2004 (Royal Assent).
(a) a person is convicted of an offence under this Act, the Firearm Act or their regulations,
Section 99 BEFORE repealed by 2002-27-18, effective May 9, 2002 (Royal Assent).
Deputy conservation officers
99 (1) The minister may
(a) appoint as deputy conservation officer any person, or any class of persons, the minister considers suitable, and
(b) impose and confer on a deputy conservation officer, or on any class of deputy conservation officers, any of the duties and powers given to a conservation officer by this Act and section 9 of the Environment Management Act.
(2) A deputy conservation officer may perform and exercise the duties and powers imposed and conferred on the officer under subsection (1) (b).
Section 100 (2) (b) BEFORE amended by 2008-33-30, effective June 15, 2009 (BC Reg 66/2009).
(b) if an applicant for a guide outfitter licence meets all the requirements of section 51 (1) except paragraph (b), issue or authorize the issue of a guide outfitter licence to the applicant.
Section 100 (2) (a) BEFORE amended by 2014-7-79, effective April 1, 2015 (BC Reg 18/2015).
(a) if an applicant for an assistant guide licence or assistant angling guide licence or the registration of a trapline meets all the requirements except the age of eligibility, issue or authorize the issue of the licence or the registration of the trapline to the applicant, and
Section 101 (1) (a) BEFORE amended by 2008-33-31(a), effective June 15, 2009 (BC Reg 66/2009).
(a) a licence, permit, registration of a trapline or guide outfitter's certificate held by a person, or
Section 101 (2) BEFORE amended and (1.1) was added by 2014-7-80, effective April 1, 2015 (BC Reg 18/2015).
(2) Notice of a decision referred to in subsection (1) must be given to the affected person.
Section 101 (3) BEFORE repealed by 2016-11-48, effective April 15, 2019 (BC Reg 85/2019).
(3) Notice required by subsection (2) may be by registered mail sent to the last known address of the person, in which case, the notice is conclusively deemed to be served on the person to whom it is addressed on
(a) the 14th day after the notice was deposited with Canada Post, or
(b) the date on which the notice was actually received by the person, whether by mail or otherwise,
whichever is earlier.
Section 101.1 (1) BEFORE amended by 2003-53-177(d), effective July 8, 2004 (BC Reg 317/2004).
(1) The affected person referred to in section 101 (2) may appeal the decision to the Environmental Appeal Board established under the Environment Management Act.
Section 101.1 (3) (a) and (b) BEFORE amended by 2003-53-177(e) effective July 8, 2004 (BC Reg 317/2004).
(a) must be commenced by notice of appeal in accordance with the practice, procedure and forms prescribed by regulation under the Environment Management Act, and
(b) subject to this Act, must be conducted in accordance with the Environment Management Act and the regulations under that Act.
Section 101.1 (3) BEFORE amended by 2015-10-197, effective December 18, 2015 (BC Reg 240/2015).
(3) An appeal under this section
(a) must be commenced by notice of appeal in accordance with the practice, procedure and forms prescribed by regulation under the Environmental Management Act, and
(b) subject to this Act, must be conducted in accordance with the Environmental Management Act and the regulations under that Act.
Section 101.1 (6) BEFORE repealed by 2015-10-197, effective December 18, 2015 (BC Reg 240/2015).
(6) An appeal taken under this Act does not operate as a stay or suspend the operation of the decision being appealed unless the appeal board orders otherwise.
Section 103 BEFORE re-enacted by 2004-30-20, effective April 29, 2004 (Royal Assent).
Time limit for bringing charges
103 (1) The time limit for laying an information respecting an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the knowledge of the minister.
(2) A document purporting to have been issued by the minister, certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.
Section 104 (1) BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
(1) In a prosecution of a person for an offence under this Act or the regulations, if it is proved that the offence was committed by an employee or agent of the person, whether or not the employee or agent is identified or has been prosecuted for the offence, the person is a party to the offence and is liable to the penalties prescribed for the offence as a principal offender unless the person establishes that the offence was committed without his or her knowledge or consent or that he or she exercised all due diligence to prevent its commission.
Section 105 BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
105 In a prosecution for an offence under this Act or the regulations, if it is alleged that the defendant was not a Canadian citizen or a resident, the onus is on the defendant to prove that he or she was a Canadian citizen or a resident at the time of the offence.
Section 106 BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
106 In a prosecution under this Act or the regulations, wildlife or fish found in British Columbia is presumed, unless the contrary is proved, to have been hunted or taken in British Columbia.
Section 107 BEFORE amended by 2004-30-15, effective April 29, 2004 (Royal Assent).
107 (1) In a proceeding under this Act or the regulations in which proof is required with regard to
(a) the issue, non renewal, suspension or cancellation of or the suspension of the right to obtain a licence, permit or limited entry hunting authorization,
(b) the person who is the licensee or permittee named in a licence, permit or limited entry hunting authorization,
(c) the appointment or authority of an officer, or
(d) the delivery, service, mailing or giving of a notice or document by an official of the government,
a certificate signed by a regional manager certifying as to a matter referred to in paragraph (a), (b), (c) or (d) is admissible and is proof of the facts stated in the certificate and of the authority of the regional manager without further proof of his or her appointment or signature.
(2) In a proceeding under this Act or the regulations, a certificate signed by a regional manager stating that wildlife or fish
(a) has been examined by a person qualified to judge and classify wildlife or fish, and
(b) is of a certain species or sex or is in a certain condition
is proof of the facts stated in the certificate and of the authority of the regional manager without further proof of his or her appointment or signature.
(3) The fact that the person charged in an information laid in respect of an offence under this Act or the regulations has the same name as the person who is referred to as being the holder of a licence, permit or limited entry hunting authorization in a certificate issued under subsection (1) (b) is proof that the person charged in the information is the holder of the licence, permit or limited entry hunting authorization.
(4) In a proceeding under this Act or the regulations, a certificate relating to the analysis of a thing or a sample, signed by a person who is in charge of a laboratory operated, maintained, supported or certified by the government of Canada, a province, the United States of America or a state of it, is proof of the facts stated in the certificate and of the authority of the person signing the certificate without further proof of his or her appointment or signature.
Section 108 (2) (l) BEFORE amended by 2011-27-36(a), effective April 1, 2012 (BC Reg 67/2012).
(l) prescribing the maximum number of a species of wildlife, by sex and age, that a person may kill or possess in a period of time and the circumstances in which a person may kill or possess wildlife;
Section 108 (3) (e) BEFORE amended by 2011-27-36(a), effective April 1, 2012 (BC Reg 67/2012).
(e) specifying open seasons or closed seasons, or both, for a sex, age or species of wildlife;
Section 108 (2) (l.1) and (l.2) were added by 2011-27-36(a), effective April 1, 2012 (BC Reg 67/2012).
Section 108 (2) (c.1) to (c.3) were added by 2014-7-82(a), effective April 1, 2015 (BC Reg 18/2015).
Section 108 (2) (i) BEFORE amended by 2014-7-82(c), effective April 1, 2015 (BC Reg 18/2015).
(i) prescribing exceptions to requirements for guides and for guides for fish, defining classes of and prescribing qualification of guides and guides for fish, prescribing rules and conditions that a regional manager may attach to a guide outfitter licence, assistant guide licence, angling guide licence or assistant angling guide licence and prescribing penalties, including the prohibition of a person from guiding or guiding for fish, for contravention of this Act or the regulations;
Section 108 (2) (i.2) to (i.5) were added by 2014-7-82(e), effective April 1, 2015 (BC Reg 18/2015).
Section 108 (2) (g) (part) BEFORE amended by 2014-7-82(b), effective June 12, 2015 (BC Reg 115/2015).
(g) prescribing surcharges, royalties and fees, including fees for applications, licences, permits and limited entry hunting authorizations and for the transfer of guiding privileges and a trapline registration, and establishing different surcharges or fees for different classes including, without limitation, classes based on the following:
Section 108 (2) (i.1) BEFORE repealed by 2014-7-82(d), effective June 12, 2015 (BC Reg 115/2015).
(i.1) respecting applications for guiding territory certificates and prescribing qualifications of applicants for guiding territory certificates;
Section 108 (2) (g) (part) BEFORE amended by 2017-2-7(b), effective March 31, 2017 (BC Reg 127/2017).
(g) prescribing surcharges, royalties and fees, including fees for applications, licences, permits and limited entry hunting authorizations and for the transfer of a trapline registration, and establishing different surcharges or fees for different classes including, without limitation, classes based on the following:
Section 108 (2) (i) BEFORE amended by 2018-39-30, effective October 31, 2018 (Royal Assent).
(i) prescribing exceptions to requirements for guides and for guides for fish, defining classes of and prescribing qualification of guides and guides for fish, prescribing rules and conditions that a regional manager may attach to a guide outfitter licence, angling guide licence or assistant angling guide licence and prescribing penalties, including the prohibition of a person from guiding or guiding for fish, for contravention of this Act or the regulations;
Section 111 BEFORE re-enacted by 2005-03-9, effective March 31, 2005.
Habitat Conservation Trust Fund
111 (1) The Habitat Conservation Trust Fund is continued as a trust fund, with the minister as trustee of the trust fund.
(2) The minister may make payments out of the trust fund for one or more of the following:
(a) the conservation or enhancement of biological diversity, fish, fish habitat, wildlife or wildlife habitat;
(b) the acquisition and management of land for the conservation or enhancement of a population of a species of fish or wildlife and its habitat;
(c) the furthering, stimulation and encouragement of knowledge and awareness of fish or wildlife and their habitat, or of the trust fund, by way of promotional, educational or other programs;
(d) the reasonable travelling and out of pocket expenses incurred by persons advising the minister on conservation or enhancement matters relating to the trust fund;
(e) administration, services and supplies provided in relation to matters referred to in paragraphs (a) to (d) or provided to otherwise manage the trust fund.
(3) The following must be paid into the trust fund:
(a) surcharges collected on licences or applications for licences issued under this Act or the regulations;
(b) revenue derived from fund raising and the sale of promotional, educational or other materials, goods or services under subsection (2) (c);
(c) money acquired by gift, donation or bequest or by disposition of any land acquired for the purposes of the trust fund;
(d) revenue derived from lands administered by the minister for the benefit of fish or wildlife;
(e) money received as contributions
(i) under an appropriation or requisition, or
(ii) from the government of Canada, municipalities or others;
(f) interest calculated on and attributable to the balance in the Habitat Conservation Fund special account established under section 6 of the Special Accounts Appropriation and Control Act;
(g) any interest and other income of the trust fund.
(4) The Habitat Conservation Trust Fund is not a special fund within the meaning of the Financial Administration Act, but money of the fund is trust funds within the meaning of that Act.
Section 118 definition of "society" BEFORE amended by 2015-18-363, effective November 28, 2016 (BC Reg 216/2015).
"society" means the Habitat Conservation Trust Foundation, a society incorporated under the Society Act;
Section 119 (1) (c) (i) BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(i) fund raising, or
Part 2, sections 111 to 117 BEFORE repealed by 2007-24-51, effective June 21, 2007 (BC Reg 215/2007).
Part 2 — Habitat Conservation Trust Fund
Definitions
111 In this Part:
"board" means the Habitat Conservation Trust Board established under section 112 (3);
"trust fund" means the Habitat Conservation Trust Fund continued under section 112 (1);
"trustee" means the trustee appointed under this Part.
Trust fund and board
112 (1) The Habitat Conservation Trust Fund is continued.
(2) Unless a trustee has been appointed by the board under section 115 (1), the Lieutenant Governor in Council may appoint a public officer as trustee for the purposes of this Part.
(3) The Habitat Conservation Trust Board is established for the purposes of this Part.
(4) Subject to subsection (5), the members of the board are
(a) two individuals appointed by the minister,
(b) two individuals appointed by the British Columbia Wildlife Federation,
(c) one individual appointed by the Guide Outfitters Association of British Columbia,
(d) one individual appointed by the British Columbia Trappers Association, and
(e) four additional members appointed by the board.
(5) For the purposes of subsection (4),
(a) of the 2 members appointed under subsection (4) (b), one is to have demonstrated experience in fisheries and one is to have demonstrated experience in wildlife management, and
(b) each of the members appointed under subsection (4) (e) is to have demonstrated experience in one or more of the following:
(i) conservation science;
(ii) fish, wildlife or habitat conservation or management;
(iii) financial management;
(iv) business;
(v) law;
(vi) education;
(vii) communications.
Replacement of members of the board
113 (1) Subject to this section, the term of office of a member of the board is
(a) in the case of a member of the board referred to in section 112 (4) (a), (b), (c) or (d), 3 years from
(i) in the case of the first members of the board, the coming into force of this section, and
(ii) in the case of other members of the board, the expiry of the term of the member that he or she replaces, and
(b) in the case of a member of the board referred to in section 112 (4) (e), 2 years from
(i) in the case of the first members of the board, the coming into force of this section, and
(ii) in the case of other members of the board, the expiry of the term of the member that he or she replaces.
(2) A member of the board ceases to hold office when
(a) the member's term of office expires,
(b) the member dies or resigns, or
(c) the member's appointment is revoked under subsection (5) or (6).
(3) If one of the members of the board ceases to hold office, a replacement for that member must be appointed in the same manner as that member was appointed.
(4) A replacement member appointed under subsection (3) holds office until the end of the term of the member he or she replaces.
(5) The person who appointed a member of the board referred to in section 112 (4) (a), (b), (c) or (d) may revoke that appointment at any time, and, if the appointment of such a member of the board is revoked or if such a member of the board otherwise ceases to be a member of the board for any reason, the person who appointed that member may appoint a replacement.
(6) The board may revoke an appointment of a member referred to in section 112 (4) (e) at any time, and, if the appointment of such a member of the board is revoked or if such a member of the board otherwise ceases to be a member of the board for any reason, the board may appoint a replacement.
(7) Any member of the board, including a first member, may be reappointed.
Proceedings of the board
114 (1) A resolution of the board may be passed
(a) at a meeting of the board, or
(b) without a meeting if each of the board members consents to it in writing.
(2) A board member may participate in, including vote at, a meeting of the board
(a) in person, or
(b) by telephone or other communications medium if all members of the board participating in the meeting, whether by telephone, by other communications medium or in person, are able to communicate with each other.
(3) Notice of the date, time and location of any meeting of the board must be given to each board member at least the prescribed number of days before the meeting.
(4) The accidental omission to send notice of any meeting to, or the non-receipt of any notice by, any of the persons entitled to notice does not invalidate any proceedings at that meeting.
(5) The acts done by the board are not invalid merely because the board is not at the time composed of the number of board members required under section 112 (4).
(6) Subject to this Part, the board may
(a) establish its own procedures, and
(b) provide or obtain services and supplies for the purposes of exercising its powers and performing its duties under this Part.
Replacement of trustee
115 (1) On and after March 31, 2006, the board may appoint a trustee for the trust fund on the terms and conditions that, subject to this Act, it considers appropriate.
(2) If the board wishes to appoint a trustee under subsection (1) to replace a trustee appointed under section 112 (2), the board must give at least 6 months' notice to the trustee who is to be replaced.
(3) A trustee appointed by the board under subsection (1) must, within 4 months after the end of each fiscal year,
(a) prepare, in accordance with generally accepted accounting principles, financial statements for the trust fund for that fiscal year and have those financial statements audited,
(b) provide a copy of those audited financial statements to the board and to each of the persons who has the ability to appoint a member of the board under section 112 (4), and
(c) publish a copy of those audited financial statements in a manner that can reasonably be expected to bring those financial statements to the attention of the public.
(4) If a trustee is replaced by a trustee appointed under subsection (1), the replaced trustee must provide to the replacement trustee
(a) the trust fund's assets, and
(b) all financial records in the possession or under the control of the replaced trustee relating to the payments into and out of the trust fund
(i) in the fiscal year in relation to which the replacement trustee is required to prepare audited financial statements, and
(ii) if requested by the replacement trustee, in the previous fiscal year,
on such terms and conditions respecting privacy and disclosure of those records as the replaced trustee considers appropriate.
Payments out of the trust fund
116 (1) Subject to subsection (2), the trustee may make payments out of the trust fund for one or more of the following:
(a) the conservation or enhancement of biological diversity, fish, fish habitat, wildlife or wildlife habitat;
(b) the acquisition and management of land for the conservation or enhancement of a population of a species of fish or wildlife and its habitat;
(c) the furthering, stimulation and encouragement of knowledge and awareness of fish or wildlife and their habitat, or of the trust fund, by way of promotional, educational or other programs;
(d) the reasonable travelling and out of pocket expenses incurred by members of the board, and by persons advising the trustee or the board, on matters relating to the trust fund, if those persons are not entitled to payment for those expenses from the government;
(e) remuneration for members of the board, other than members who are appointed under section 112 (4) (a), which remuneration is to be paid to a member for each day that the member is engaged in meetings of the board for the purposes of exercising the board's powers and performing its duties under this Part, in the amount prescribed under the regulations;
(f) if the trustee is appointed under section 115 (1), remuneration for the trustee;
(g) services and supplies provided in relation to matters referred to in section 114 (6) (b) and paragraphs (a) to (f) of this subsection or provided to otherwise manage the trust fund.
(2) Subject to subsection (4), the trustee must comply with any direction provided to the trustee by the board respecting the payments to be made under subsection (1) and must not make any payments under subsection (1) unless directed or authorized to do so by the board.
(3) The board may provide a direction or an authorization to the trustee under subsection (2) if it is authorized to do so by a resolution of the board.
(4) A trustee need not comply with a direction of the board under subsection (2) if that direction is contrary to law.
(5) A payment that the trustee is directed or authorized to make under subsection (2) is not contrary to law merely because a person who may appoint members to the board may or does receive some or all of that payment.
(6) In addition to the payments referred to in subsection (1), the trustee may make payments out of the trust fund that the trustee is obligated to make under an enactment.
(7) The trustee must, on request of the board, provide to the board financial records respecting all of the money paid into or out of the trust fund.
Payments into the trust fund
117 The following must be paid into the trust fund:
(a) surcharges collected on licences or applications for licences issued under this Act;
(b) revenue derived from fund raising and the sale of promotional, educational or other materials, goods or services under section 116 (1) (c);
(c) money acquired by gift, donation or bequest or by disposition of any land acquired for the purposes of the trust fund;
(d) revenue derived from lands administered by the minister for the benefit of fish or wildlife;
(e) money received as contributions
(i) under an appropriation or a requisition, or
(ii) from the government of Canada, municipalities or others;
(f) any interest and other income of the trust fund.