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 30th 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 Forest Act, R.S.B.C. 1979, c. 140, is amended by adding the following definition:
"recreation resource" means any
(a) biological, physical, cultural, historic, scenic or wilderness feature that has recreational significance or value, or
(b) recreational facility; .
2 Sections 104 to 106 are repealed and the following sections are substituted:
104 In this Part
"interpretive forest site" means a site and ancillary facilities developed by the minister to interpret, demonstrate or facilitate the discussion of forest resources or their management;
"recreation site" means a site and ancillary facilities developed by the minister for recreation or to protect a recreation resource;
"recreation trail" means a trail and ancillary facilities developed by the minister for recreation or to protect a recreation resource.
104.1 Subject to section 105.1, the minister may
(a) develop a new or expand an existing interpretive forest site, recreation site or recreation trail,
(b) maintain, repair or close an interpretive forest site, recreation site or recreation trail, and
(c) enter into an agreement with a person to develop, expand, maintain, repair or close an interpretive forest site, recreation site or recreation trail.
104.2 (1) Subject to section 105.1, the chief forester may designate Crown land as an interpretive forest site, recreation site or recreation trail and amend or cancel a designation if the land is
(a) within a timber supply area, or
(b) subject to a tree farm licence, woodlot licence or timber licence.
(2) The chief forester shall notify the minister responsible for the Land Act of a designation, amendment or cancellation made under subsection (1).
105 (1) Despite a regulation made under section 105.2, in order to protect a recreation resource that is in a Provincial forest, a regional manager or district manager may, by written order, restrict, prohibit or attach a condition to
(a) a nonrecreational use of a designated interpretive forest site, recreation site or recreation trail that is in a Provincial forest, except any use permitted under the Mineral Tenure Act, Coal Act or Petroleum and Natural Gas Act, or
(b) a recreational use anywhere in a Provincial forest, except a use of the Provincial forest that is specifically permitted by or under another enactment
and may make different orders for different uses and locations.
(2) No person shall contravene an order made under subsection (1).
(3) A regional manager or district manager who orders a restriction, prohibition or condition shall post a notice of it in the area to which it applies.
(4) No person shall without lawful authority remove, alter, destroy or deface a notice posted under subsection (3).
105.1 An interpretive forest site, recreation site or recreation trail shall not be developed, expanded or designated if it is on Crown land that is subject to
(a) a cutting permit, free use permit, road permit, timber licence, timber sale licence or licence to cut, or
(b) an interest issued or granted under the Land Act
without the consent of the holder of the permit, licence or interest.
Regulations
105.2 The minister may make regulations respecting the use of interpretive forest sites, recreation sites and recreation trails including
(a) regulations that restrict, prohibit or attach a condition to the use of an interpretive forest site, recreation site or recreation trail, and
(b) different regulations for different uses and locations.
106 A forest officer may
(a) stop a person including a person who is operating a vehicle or vessel, and
(b) require a person to produce proof of identity
if the forest officer has reasonable and probable grounds to believe that the person is contravening or has contravened an order or regulation made under this Part, and, at the request of the person, the forest officer must produce proof of identity.
106.1 A person shall stop, and a person who is operating a vehicle or vessel shall stop the vehicle or vessel, when required to do so by a forest officer who is acting under section 106 and who
(a) is in uniform,
(b) displays his or her official badge, or
(c) is in or near a vehicle that is readily identifiable as a forest service vehicle.
Duty to disclose identity
106.2 A person shall provide proof of identity when required to do so by a forest officer who is acting under section 106 and who displays his or her official badge.
3 Section 159 (a) is amended by adding "105 (2) and (4), 106.1, 106.2," after "99,".
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