1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 5th day of June, 1992
Ian D. Izard, Law Clerk.
MINISTER OF FORESTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Range Act, R.S.B.C. 1979, c. 355, is amended
(a) in the definition of "former Act" by striking out "this Act;" and substituting "the Range Act, S.B.C. 1978, c. 36;", and
(b) by adding the following definition:
"tenure management plan" means a plan that relates to the management, development and use, by the holder of a licence or permit granted under this Act, of the Crown range to which the licence or permit applies, including the management and use, affecting Crown range, of the following land:
(a) land to which a licence or permit is made appurtenant,
(b) land which is subject to an agreement under section 17, and
(c) unfenced land used for grazing purposes in common with Crown range to which a licence or permit applies.
2 Section 2 is repealed and the following substituted:
2 Other than rights to Crown range under the Forest Act and Land Act no rights to use or improve Crown range for grazing or cutting hay shall be granted by or on behalf of the Crown, except in accordance with this Act and regulations made under this Act.
3 The following sections are added:
6.1 (1) In this section "tenure holder" means a party to an agreement with the Crown, referred to in section 3, or, where another person has the right to exercise the party's rights under the agreement, that other person.
(2) An application for a temporary grazing permit must be made to the district manager in accordance with the regulations and the district manager may require the application to be accompanied by a tenure management plan acceptable to the district manager.
(3) The district manager may, without advertising, issue a temporary grazing permit for a term not exceeding one year
(a) increasing, within the area of a tenure holder's existing permit or licence, the number of animal unit months to which the tenure holder is entitled under the existing licence or permit where the district manager believes a temporary increase in forage will result or has resulted from favourable growing conditions of a temporary nature,
(b) authorizing the holder of the temporary grazing permit to use forage covered by the grazing licence or grazing permit of another tenure holder, whether the other holder's licence or permit was issued before or after the coming into force of this section, if the other tenure holder is temporarily unable to use the number of animal unit months authorized under the licence or permit, or
(c) authorizing a person to use forage on Crown range that is in excess of the amount authorized in, or not subject to, a licence or permit entered into under this Act.
(4) Sections 9 to 13, 16 and 22 to 26 do not apply to a temporary grazing permit.
6.2 (1) The district manager may reduce, in accordance with the regulations, the number of eligible animal unit months authorized by a grazing licence or grazing permit if the district manager determines, in accordance with the regulations, that the forage which the holder can obtain from the land to which the licence or permit is appurtenant is not sufficient to feed the number of livestock authorized to graze Crown range under a licence or permit during that part of the year when the livestock are not authorized to graze on the Crown range by the licence or permit.
(2) Subsection (1) applies to a licence or permit granted before or after the coming into force of subsection (1).
(3) A reduction under subsection (1) does not become effective until the district manager has served the holder of the licence or permit with a notice giving at least 60 days written notice of the date of the reduction.
(4) The licence or permit shall be deemed to be amended to the extent provided in the notice given under subsection (2) when the reduction becomes effective.
(5) The holder of a licence or permit may, under section 37.1, appeal the district manager's decision to reduce the number of eligible animal unit months.
(6) From the time a notice of appeal is served under section 37.1, the district manager's decision is stayed pending the appeal.
8.1 (1) The district manager may require a holder of a licence or permit to submit a tenure management plan acceptable to the district manager by serving notice of the requirement on the holder if, in the opinion of the district manager,
(a) a tenure management plan is necessary to protect the Crown range resource,
(b) the planned grazing system approved under section 4 no longer deals adequately with Crown range management, development and use concerns,
(c) a tenure management plan is needed to address concerns related to the integrated use of the Crown range,
(d) a tenure management plan is needed to address a plan, approved before or after the issuance of the licence or permit, that affects the management, development and use of the Crown range, or
(e) a tenure management plan is needed to ensure adequate management, development and use of the Crown range by a holder of a licence or permit.
(2) Without restricting the generality of subsection (1) where, before the coming into force of this subsection, a holder of a licence submitted to the regional manager or district manager a plan respecting the use, management and improvement of Crown range over which the licence applies, the district manager may require the holder to submit a tenure management plan acceptable to the district manager by serving notice of the requirement on the holder if, in the district manager's opinion, a tenure management plan is needed for any of the reasons set out in subsection (1) (a) to (e).
(3) A holder of a licence or permit who is required to submit a tenure management plan under subsection (1) or (2) shall develop a tenure management plan that is acceptable to the district manager within the time stipulated by the district manager in the notice.
(4) This section applies to a holder of a licence or permit granted before or after the coming into force of this section.
8.2 (1) The district manager may revoke an approval of a tenure management plan and require a licence holder or permit holder to submit a new or revised tenure management plan acceptable to the district manager by serving notice of the requirement on the holder if, in the opinion of the district manager, the conditions that made the tenure management plan necessary have changed.
(2) A holder of a licence or permit who is required to submit a revised tenure management plan under subsection (1) shall submit a revised tenure management plan acceptable to the district manager within the time stipulated by the district manager in the notice.
(3) This section applies to the holder of a licence or permit granted before or after the coming into force of this section.
8.3 The time stipulated by the district manager in the notice under sections 8.1 and 8.2 must be enough time to allow a reasonably competent person to develop the tenure management plan.
8.4 (1) The holder of a licence or permit shall comply with the provisions of
(a) the tenure management plan approved by the district manager for that licence or permit, or
(b) where, in the case of a licence, there is no tenure management plan approved by the district manager but there is a plan respecting the use, management and improvement of Crown range over which the licence applies, that plan.
(2) Subsection (1) applies to a holder of a licence or permit granted before or after the coming into force of subsection (1).
4 Section 19 is amended
(a) in subsections (2) and (3) (g) by striking out "minister" and substituting "regional manager" in each case, and
(b) by adding the following subsection:
(5) When giving a consent referred to in subsection (2) the regional manager may impose conditions to ensure that the disposition or change in control does not negatively affect the conservation, management, development or use of the Crown range to which the licence or permit applies.
5 The following sections are added:
19.1 (1) A holder of a licence or permit may apply to the regional manager to amend the licence or permit by adding or substituting other land for land to which the licence or permit is appurtenant.
(2) On the receipt of an application under subsection (1) a regional manager may amend the licence or permit by adding to, or substituting other land for, land to which the licence or permit is appurtenant.
(3) The regional manager may attach conditions to an amendment under subsection (2) if, in the opinion of the district manager, the conditions are needed for, or will improve, the conservation, management, development or use of the Crown range to which the licence or permit applies.
26.1 (1) With the consent of the licensee or permittee the district manager may
(a) consolidate 2 or more grazing licences into a single grazing licence,
(b) consolidate 2 or more grazing permits into a single permit,
(c) partition or subdivide a grazing licence into 2 or more grazing licences,
(d) partition or subdivide a grazing permit into 2 or more grazing permits,
(e) delete all or part of the Crown range from the Crown range of a grazing licence and add all or part of it to the Crown range of another grazing licence,
(f) delete all or part of the Crown range from the Crown range of a grazing permit and add all or part of it to the Crown range of another grazing permit,
(g) cancel a licence or permit where all or part of its Crown range has been added to another licence or permit,
(h) amend a licence or permit,
(i) enter into one or more grazing licences covering the same land as was covered in the licences being consolidated, subdivided or partitioned, and
(j) enter into one or more grazing permits covering the same land as was covered in the permits being consolidated, subdivided or partitioned.
(2) A licence or permit that is amended or entered into under this section shall expire on the earliest expiry date of the licences or permits it replaces or amends.
6 Section 29 is repealed and the following substituted:
29 No rights over Crown range granted in a licence or permit shall be exercised by its holder while those rights are under suspension, but in all other respects the licence or permit continues in effect.
7 Section 30 is amended in paragraph (a) by striking out "natural" and in paragraph (b) by adding "forest and" before "forage".
8 Sections 31 and 32 are repealed and the following substituted:
31 Where rights over Crown range granted in a licence or permit are under suspension other than under section 30 (b), the district manager may cancel those rights or may cancel the licence or permit.
32 At least 3 months before a cancellation under section 31 is to become effective, the district manager shall serve on the holder of the licence or permit a written notice of cancellation specifying the grounds of cancellation and the day on which cancellation takes effect.
9 Section 35 (1) and (2) is repealed and the following substituted:
(1) On cancellation of rights over Crown range granted in a licence or permit
(a) the rights and obligations of the holder under the licence or permit, and
(b) the rights of the holder to a licence entered into under section 15 over the same Crown range
terminate in respect of the cancelled rights.
(2) A person in possession of a copy of a licence or permit in respect of which
(a) the licence or permit has been cancelled shall, immediately after the effective date of cancellation, deliver it to the district manager, or
(b) rights have been cancelled shall, immediately after the effective date of the cancellation, enter into an agreement with the Crown evidencing the cancellation of the rights.
10 Section 37 (1) (a.1) is amended by striking out "30 or 31" and substituting "30, 31 or 42.1".
11 Section 37.1 is amended
(a) in subsection (1) by adding at the end "and a district manager under section 6.2", and
(b) by adding the following subsection:
(2.1) The holder of a licence or permit affected by a decision to reduce eligible animal unit months under section 6.2 may appeal the change to the minister by serving, within 21 days after service of the notice referred to in section 6.2 (3), written notice of the appeal on the district manager who made the decision.
12 The following sections are added:
42.1 (1) If livestock are ridden or driven on, or graze or pasture on, Crown range without having the right to do so under this Act, the Forest Act or the Land Act, the district manager may require the owner of the livestock or the person in control of the livestock or both of them to pay to the Crown, in addition to any other penalty under this Act, a penalty of up to $2 000 for each day that the livestock are on the Crown range without authority.
(2) Before a decision becomes effective under subsection (1) the district manager shall serve a notice of the proposed decision on the owner or the person in control of the livestock
(a) giving the time and place of the alleged riding, driving, grazing or pasturing,
(b) giving the details of the proposed decision including the amount of the fine,
(c) allowing the person served at least 14 days after the date of service to require a hearing by serving a written notice requesting one on the district manager in accordance with section 46, and
(d) giving the date the proposed decision will become effective if there is no request for a hearing.
(3) A person who has not been served with a notice under subsection (2) is not liable for a penalty under subsection (1).
(4) If a request for a hearing is not served the proposed decision takes effect on the date specified under subsection (2) (d).
(5) If a request for a hearing is served on the district manager the district manager shall confirm, vary or decide not to proceed with the proposed decision, after giving the person who requested the hearing an opportunity to be heard.
42.2 (1) Where a decision has been made under section 42.1 requiring a person to pay a fine the penalty
(a) is due and payable by the date specified for payment in the notice served on the person who is required to pay it, and
(b) bears interest at a prescribed rate.
(2) Where a person fails to pay a penalty after service of the notice referred to in subsection (1), the minister may issue and file with a court having jurisdiction a certificate stating
(a) the amount that remains unpaid including interest, and
(b) the name of the person who is required to pay.
(3) A certificate filed under subsection (2) has the same effect as an order of the court for the recovery of a debt in the amount stated in the certificate against the person named in it, and proceedings may be taken as if it were an order of the court.
13 Section 46 (1) is amended by striking out "13, 22, 27 and 32" and substituting "6.2, 8.1, 8.2, 13, 22, 27, 32, 37.1, 42.1 and 42.2".
14 The following section is added:
47.1 Notwithstanding any provision of this Act, the Expropriation Act, or any other enactment, no damages or compensation of any kind is payable by the government in respect of, and no person shall commence any proceedings in which damages or compensation of any kind is claimed in respect of,
(a) an issuance of a temporary grazing permit under section 6.1 (3) (b),
(b) a reduction of animal unit months as a result of a determination under section 6.2,
(c) a requirement to submit a tenure management plan under section 8.1 or 8.2 or a requirement to comply with a plan under section 8.4, or
(d) the coming into force of the Range Amendment Act, 1992.
15 Section 48 is amended by striking out "and" at the end of paragraph (f) and adding the following paragraphs:
(h) application for a temporary grazing permit under section 6.1;
(i) the reduction and the determination referred to in section 6.2 and a regulation made under this paragraph may confer a discretion on a person and may delegate a matter to a person; and
(j) the rate of interest referred to in section 42.2 (1).
16 This Act comes into force by regulation of the Lieutenant Governor in Council.
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