1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 9th day of June, 1993
Ian D. Izard, Law Clerk.
HONOURABLE JOHN CASHORE
MINISTER OF ENVIRONMENT,
LANDS AND PARKS
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 of the Commercial River Rafting Safety Act, S.B.C. 1988, c. 32, is amended
(a) in the definition of "guide" by striking out "a commercial river raft;" and substituting "a raft used in commercial river rafting;", and
(b) by adding the following definition:
"raft" means a vessel designed to carry passengers and that is supported by inflatable sections on its perimeter and propelled by oar, paddle or motor, but does not include a vessel that is exempt by regulation; .
2 Section 7 is amended
(a) in subsection (2) by striking out "a specific river." and substituting "one or more rivers as specified in the permit.",
(b) in subsection (4) by striking out "for the river" and substituting "for each river",
(c) in subsection (5) by adding "or rivers" after "to operate on the river", and
(d) by adding the following subsection:
(10) The registrar may, on the application of an outfitter and on the outfitter complying with subsection (4), add a river or rivers to a permit during the term of the permit without the outfitter paying a further fee.
3 Section 13 is amended by striking out "and" at the end of paragraph (b), by striking out "." at the end of paragraph (c) and substituting ", and" and by adding the following paragraph:
(d) exempting a raft or a class of rafts from the application of this Act or the regulations or any provision of this Act or the regulations.
4 Section 1 of the Land Act, R.S.B.C. 1979, c. 214, is amended by adding the following definition:
"registry" means the Crown land registry established under section 4.3; .
5 Section 4.2 is amended by renumbering the section as section 4.2 (1) and by adding the following subsections:
(2) The minister may distribute to any person a copy of any map, air photo or land related information made or obtained under subsection (1).
(3) The minister may make regulations prescribing fees for the purposes of subsection (2).
6 The following section is added to Part 1:
4.3 (1) There is established a Crown land registry to record all lands administered by the Crown in right of the Province, and to record the acquisition and disposition of those lands, for the purpose of maintaining an inventory of Crown land.
(2) The Surveyor General is responsible for the security and maintenance of the registry.
(3) The registry shall be open to any person during regular business hours for the examination and inspection of the records of the registry.
(4) Every ministry of the government must record in the registry all Crown lands under its administration, and the acquisition in fee simple and disposition of those lands, in a manner acceptable to the Surveyor General.
(5) Subsection (4) does not apply to the following:
(a) a public road or highway established under this Act, the Highway Act or the Municipal Act;
(b) a forest service road established under the Forest Act;
(c) an agreement to harvest Crown timber under the Forest Act;
(d) a grazing or hay cutting licence or permit under the Range Act;
(e) lands dedicated, transferred or vested in the Crown in right of the Province under section 107 (1) or 108
(2) of the Land Title Act.
(6) No action may be brought by any person against the Province for loss or damage caused by reliance on the records of the registry by that person for any reason or purpose including, without limitation, reliance for the purpose of establishing priorities of interest or reliance on the completeness of the records.
7 Section 48 is repealed and the following substituted:
48 Notwithstanding any other provision of this Act, Crown land may, with the approval of the Lieutenant Governor in Council and subject to the terms, reservations and restrictions as the Lieutenant Governor in Council considers advisable, be disposed of by Crown grant under this Act, free or otherwise, to a Crown corporation, municipality, regional district, hospital board, university, college, school board or other government related body and the disposition may be limited to a specific public purpose.
8 Section 49 (1) is amended by striking out "the minister may declare it to be void and of no effect." and substituting "the minister may declare the Crown grant to be void and of no effect or may amend or replace it."
9 The heading to Part 6 is repealed and the following substituted:
TRESPASS ON CROWN LAND .
10 Sections 56 to 58 are repealed and the following substituted:
56 (1) If a person does anything that is an offence under section 57 (a) to (g), the minister may, on notice to that person, do one or more of the following:
(a) require the person to cease the unauthorized occupation of the Crown land, give up possession of the land and restore the land to a condition satisfactory to the minister;
(b) require the person to cease the unauthorized use of the Crown land and restore the land to a condition satisfactory to the minister;
(c) require the person to pay to the Minister of Finance a sum of money considered by the minister reasonable in the circumstances
(i) for the occupation or possession or the restoration, or both the occupation or possession and the restoration, of the Crown land, or
(ii) for the use or the restoration, or both the use and the restoration, of the Crown land;
(d) cancel any lease, right of way, easement, licence of occupation, permit or other disposition held by the person under this Act;
(e) direct a sheriff or a public officer to seize on behalf of the Crown all improvements, goods, chattels or other materials on the Crown land or in or on water on the Crown land;
(f) require the person to remove any improvements made by the person on the Crown land, to the satisfaction of the minister, within the time specified in the notice and, on failure of the person to comply, the minister may remove the improvements and require the person to pay the cost of removal.
(2) The notice under subsection (1) or (4) must state the following:
(a) the time and place of the unauthorized occupation or possession, unauthorized use or other contravention;
(b) details of the unauthorized occupation or possession, unauthorized use or other contravention;
(c) the requirement, action or direction of the minister under subsection (1);
(d) if applicable, the time period within which the person must act on a requirement of the minister;
(e) if applicable, the amount of the penalty imposed under subsection (4) and the date by which the penalty must be paid.
(3) The notice under subsection (1) may be given
(a) by personal service on the person or by registered mail addressed to the person, or
(b) by posting it on the Crown land if the person is unknown.
(4) If a person to whom this section applies fails to act in accordance with the notice given under subsection (1), a public officer appointed under section 92 (1) may, on notice to the person, require the person to pay to the Crown, in addition to any other amount or penalty under this Act or the regulations, a penalty of up to $1 000 for non-compliance with the notice.
(5) A notice may be issued more than once in respect of the same matter if a person does not comply with the first notice issued in respect of that matter.
(6) A person who has not been given notice by personal service or by registered mail is not liable for the penalty under subsection (4).
(7) Money required to be paid under this section is recoverable by the Minister of Finance as a debt to the Crown.
(8) Anything seized under this section becomes the property of the Crown and the minister may, at the discretion of the minister, authorize it to be sold, rented, removed or destroyed.
(9) Nothing in this section limits, restricts or derogates from a court's power and jurisdiction in respect of an offence under section 57.
57 A person who
(a) occupies or possesses Crown land without lawful authority,
(b) uses Crown land without lawful authority,
(c) being the holder of a lease, right of way, easement, licence of occupation, permit or other disposition issued under this Act, uses Crown land for a purpose not provided for in the disposition,
(d) is guilty of an act or default by which a lease, right of way, easement, licence of occupation, permit or other disposition issued under this Act may be terminated,
(e) constructs on Crown land a building, structure, enclosure or other works, or does or performs any dredging, excavation or filling, without the authorization of the minister,
(f) abandons on Crown land any vehicle or vessel without the authorization of the minister, or
(g) unlawfully interferes with or removes a sign erected by or on behalf of the minister, commits an offence.
58 (1) If a person is required to pay a penalty under section 56
(4), the penalty
(a) is due and payable by the date specified for payment in the notice served on or delivered to the person who is required to pay it, and
(b) bears interest at a prescribed rate.
(2) If the person fails to pay the penalty after service or delivery 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.
58.1 A person who does anything that is an offence under section 57, or who directs or causes an offence to be committed under section 57, is liable to compensate the Crown in right of the Province or the person against whom the offence is committed for loss or damage suffered by the Crown or by that person, as the case may be, by reason of the contravention.
11 Section 63 is amended by striking out "$300" and substituting "$20 000".
12 Section 106 is amended by striking out "may make regulations." and substituting "may make regulations, including regulations prescribing the rate of interest for the purpose of section 58 (1)."
Waste Management Act
13 Section 3.2 of the Waste Management Act, S.B.C. 1982, c. 41, is repealed and the following substituted:
3.2 No person shall construct, establish, alter, enlarge, extend, use or operate a facility for the treatment, recycling, storage, disposal or destruction of a special waste except in accordance with the regulations.
14 Section 4 (1) is amended by adding "or" at the end of paragraph (a), by striking out "Part 3, or" in paragraph (b) and substituting "Part 3." and by repealing paragraph (c).
15 The following sections are added:
22.2 (1) In this section "person" does not include a municipality.
(2) If a manager is satisfied on reasonable grounds that an activity or operation has been or is being performed by a person in a manner which is likely to release a substance that will cause pollution of the environment, the manager may order a person referred to in subsection (3), at that person's expense, to do any of the following:
(a) provide to the manager information the manager requests relating to the activity, operation or substance;
(b) undertake investigations, tests, surveys or any other action the manager considers necessary to prevent the pollution and to report the results to the manager;
(c) acquire, construct or carry out any works or measures that are reasonably necessary to prevent the pollution;
(d) adjust, repair or alter any works to the extent reasonably necessary to prevent the pollution.
(3) The order made under subsection (2) may be served on one or more of the following persons:
(a) a person who previously had or now has possession, charge or control of the substance;
(b) a person who previously did anything or who is now doing anything which may cause the release of the substance;
(c) a person who previously owned or occupied or now owns or occupies the land on which the substance is located.
(4) An order under subsection (2) may authorize a person or persons designated by the manager to enter land for the purpose of preventing the pollution.
(5) The powers of a manager under this section are not exercisable in relation to any part of an activity or operation which is in compliance with the regulations or a permit, approval, order, waste management plan or operational certificate or an authorization made under the regulations.
22.3 If the minister is satisfied on reasonable grounds that an activity or operation has been or is being performed by a municipality in a manner which is likely to release a substance that will cause pollution of the environment, the minister may, with respect to the municipality, exercise the powers that a manager may exercise under section 22.2 (2) in relation to other persons.
22.4 (1) A municipality may, on giving notice to the director, administer regulations made under this Act respecting tanks used to store petroleum products or other substances.
(2) No action or other proceeding for damages lies or may be instituted against a municipality or a member of its council or an officer or employee of the municipality for anything done or omitted to be done in good faith and without negligence in the exercise or intended exercise of any authority conferred on it by subsection (1).
16 Section 35 (2) is amended by striking out "and" at the end of paragraph (z.3) and by repealing paragraph (z.4) and substituting the following:
(z.4) respecting the registration, siting, installation, testing, use and removal of tanks used to store petroleum products, or used to store any other prescribed substance, and prescribing performance and operating standards for those tanks,
(z.5) respecting the certification or licensing of persons who install the tanks described under paragraph
(z.6) requiring persons to pay fees with respect to services provided by the Province or a municipality with respect to the tanks described under paragraph
(z.4), and prescribing the amount of those fees, and
(z.7) authorizing a municipality to collect and retain the fees prescribed under paragraph (z.6).
17 Section 21 (1) of the Water Act, R.S.B.C. 1979, c. 429, is amended by striking out "the comptroller," and substituting "the comptroller or a regional water manager,".
18 Section 62 (1) of the Wildlife Act, S.B.C. 1982, c. 57, is amended by adding "or guide outfitter's certificate" after "guide outfitter's licence".
19 Sections 1 to 17 come into force by regulation of the Lieutenant Governor in Council.
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