HONOURABLE BARRY PENNER
MINISTER OF ENVIRONMENT

BILL 10 — 2009

PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT, 2009

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

SECTION 1: [Protected Areas of British Columbia Act, Schedule A] establishes Det san Ecological Reserve.

1 Schedule A of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by adding the following description:

DET SAN ECOLOGICAL RESERVE

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 5, Coast District and contained within the following described boundaries:

Lot A, Section 28, Township 4, Range 5, Coast District, Plan EPP483.

The whole ecological reserve containing approximately 5.8 hectares.

SECTION 2: [Protected Areas of British Columbia Act, Schedule C]

2 Schedule C is amended

(a) by repealing the description of Alice Lake Park and substituting the following:

ALICE LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 1, New Westminster District and contained within the following described boundaries:

Firstly: as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1898; except the Garibaldi Highway No. 99 right of way as shown on Plans 15522 and HWY Plan 151.

Secondly: District Lot 6861.

The whole park containing approximately 411 hectares. ,

(b) by repealing the name of Brooks Peninsula Park and substituting the following:

BROOKS PENINSULA PARK [a.k.a. Muqqiwn Park] ,

(c) by repealing the description of Canal Flats Park,

(d) by repealing the description of Cape Scott Park and substituting the following:

CAPE SCOTT PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the following described boundaries:

Firstly: as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1910; except (1) "Semach" Indian Reserve No. 2; (2) "Ouchton" Indian Reserve No. 3; (3) Lots 4 and 5 of Section 21, Township 41, Plan 2503; (4) Parcel A (DD 46505 I) of Sections 20 and 21, Township 41; (5) Parcel A (DD 97997 I) of the northwest 1/4 of Section 10, Township 43; (6) that part of Section 23, Township 43 described on Certificate of Title 18650 I; (7) District Lots 97 and 1282; (8) the northeast 1/4 of the northwest 1/4 of Section 13, the Fractional south 1/2 of the south 1/2 of Section 16 and the Fractional southeast 1/4 of the southeast 1/4 of Section 17, all of Township 43; (9) Fractional Sections 29 and 30 of Township 43; (10) "Nahwitti" Indian Reserve No. 4; (11) Parcels A and B (DD 48602 I), Sections 17 and 20, Township 23; and (12) Lot A, Plan VIP74355.

Secondly: Lot A, Section 21, Township 41, Plan VIP85150.

The whole park containing approximately 22 295 hectares (17 323 hectares of upland and 4 972 hectares of foreshore). ,

(e) in the description of Gordon Bay Park by striking out everything after "point of commencement." and substituting the following:

Thirdly: Lot 1, Section 37, Plan VIP82826.

The whole park containing approximately 104 hectares. ,

(f) in the description of Mount Seymour Park by striking out "inclusive" wherever it appears and by striking out everything after "being the point of commencement." and substituting the following:

except (1) Lots 1 to 4 and 13 to 16 of Block 6, Lots 1 to 16 of Block 7, Lots 1 to 16 of Block 8, Lots 1 to 4 and 13 to 16 of Block 9, Lots 1 to 16 of Block 20 and Lots 1 to 4 and 11 to 16 of Block 21, all of District Lot 2049, Plan 3112; and (2) Mount Seymour Park Road as shown on Ministry of Transportation's Drawings dated 7/11/91.

Thirdly: those parts of Mount Seymour Park Road contained within Park Use Permit 1505.

Fourthly: that part of District Lot 1005 known as Deep Cove Lookout.

Fifthly: that part of District Lot 5083 known as Vancouver Lookout.

The whole park containing approximately 3 509 hectares. ,

(g) by repealing the description of Naikoon Park and substituting the following:

NAIKOON PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1989: except (1) "Heillen" Indian Reserve No. 2; (2) "Yagan" Indian Reserve No. 3; (3) Tow Hill Ecological Reserve as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1912; (4) Rose Spit Ecological Reserve as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1911; and (5) Tow Hill Road No. 51, as shown on Plan 11978.

The whole park containing approximately 69 071 hectares (66 961 hectares of upland and 2 110 hectares of foreshore). ,

(h) by repealing the description of Squitty Bay Park and substituting the following:

SQUITTY BAY PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Nanaimo District and contained within the following described boundaries:

Section 1-A, Lasqueti Island; except a 20 metre right of way centred on the existing unsurveyed road.

District Lot 268.

Fractional northeast 1/4 of Section 3, Lasqueti Island; except (1) remainder of Lot 1, Plan 11580; (2) Reference Plan 40100; (3) Reference Plan 45844; and (4) a 20 metre right of way centred on the existing unsurveyed road.

The whole park containing approximately 52 hectares. , and

(i) by adding the following description:

TRUMAN DAGNUS LOCHEED PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Osoyoos Division, Yale District and contained within the following described boundaries:

Lot 1, Section 13, Township 13, W5M, Plan 24008.

The whole park containing approximately 7 hectares.

SECTION 3: [Protected Areas of British Columbia Act, Schedule D]

3 Schedule D is amended

(a) by repealing the description of Enderby Cliffs Park and substituting the following:

ENDERBY CLIFFS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kamloops Division, Yale District and contained within the following described boundaries:

Firstly: as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1962; except a 100 metre by 100 metre parcel centred on the TM Mobile Inc. communication site, Licence 336024, on British Columbia Assets and Land Corporation file 03407670.

Secondly: Parcel 1, southeast 1/4 of Section 6, Township 19, Range 8, W6M, Kamloops Division, Yale District, as shown on Reference Plan EPP179.

Thirdly: Parcel 1, Section 36, Township 18, W6M, Kamloops Division, Yale District, as shown on Reference Plan EPP180.

The whole park containing approximately 2 299 hectares. , and

(b) by adding the following description:

SKAHA BLUFFS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Similkameen Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 1878.

The whole park containing approximately 179 hectares.

SECTION 4: [Protected Areas of British Columbia Act, Schedule E]

4 Schedule E is amended

(a) by adding the following descriptions:

DAAWUUXUSDA CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1993; except (1) a 30 metre right of way centred on the Ministry of Forests and Range permit road R06086-174; (2) a 30 metre right of way centred on the Ministry of Forests and Range permit road R06086-175; (3) Mineral Claim "Tasu 3" 501953; (4) Mineral Claim "Tasu 5" 501998; and (5) that part below the natural boundary of the sea.

The whole conservancy containing approximately 70 293 hectares.

DAMAXYAA CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1993; except (1) a 30 metre right of way centred on Ministry of Forests and Range permit road, R06206-201, Copper Bay Main; (2) Tree Farm Licence 58, Timber Licence T0024, Cutting Permit 250, Blocks SAND30 and SAND31; (3) Mineral Claim "Sandspit" 559788; (4) Mineral Claim "Sani West" 572163; and (5) Mineral Claim "Sani 5" 572188; and (6) that part below the natural boundary of the sea.

The whole conservancy containing approximately 822 hectares.

KAMDIS CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1993; except (1) a 20 metre right of way centred on the non-status road accessing Lot 1, District Lot 792, Queen Charlotte District, Plan 2034 and Lot 2, District Lot 792, Queen Charlotte District, Plan 2034; and (2) that part below the natural boundary of the sea.

The whole conservancy containing approximately 1 896 hectares.

KUNXALAS CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 1993; except (1) "Cumshewas" Indian Reserve No. 7; (2) a 30 metre right of way centred on the Ministry of Forests and Range permit roads R06206-294 and 334 from the westerly boundary of the conservancy to District Lot 167; (3) Mineral Claim "DK" 520125; (4) Mineral Claim "DK2" 520126; (5) Mineral Claim "4516022212485018" 520129; (6) Mineral Claim "DK5" 520131; and (7) that part below the natural boundary of the sea.

The whole conservancy containing approximately 3 344 hectares.

K'UUNA GWAAY CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1994; except (1) "Skedance" Indian Reserve No. 8; (2) a 30 metre right of way centred on the Ministry of Forests and Range permit road R13328-1, South Main; (3) a 30 metre right of way centred on the Ministry of Forests and Range permit road R13328-2, Louise Main; and (4) that part below the natural boundary of the sea.

The whole conservancy containing approximately 1 756 hectares.

NANG XALDANGAAS CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1993; except (1) "Yan" Indian Reserve No. 7; (2) "Meagwan" Indian Reserve No. 8; (3) "Saouchten" Indian Reserve No. 18, District Lot 174; and (4) that part below the natural boundary of the sea.

The whole conservancy containing approximately 6 897 hectares.

SGAAY TAW SIIWAAY K'ADJUU CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1994.

The whole conservancy containing approximately 597 hectares.

YAAGUUN GANDLAAY CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1993; except (1) a 30 metre road right of way centred on the Ministry of Forests and Range permit road R13350-35, Port Road (Part 2); (2) a 30 metre road right of way centred on the Ministry of Forests and Range permit road R13350-40, East Yak Main; (3) a 30 metre road right of way centred on the Ministry of Forests and Range permit roads R13350-107 and 108, Yakoun Main; (4) a 30 metre road right of way centred on the Ministry of Forests and Range permit roads R13350-395, 402 and 403; (5) Mineral Claim "GW13" 324499; and (6) Mineral Claim "GW 10" 334641.

The whole conservancy containing approximately 2 450 hectares. , and

(b) by repealing the description of Duu Guusd Conservancy and substituting the following:

DUU GUUSD CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1993; except (1) "Kung" Indian Reserve No. 11; (2) "Daningay" Indian Reserve No. 12; (3) "Yatze" Indian Reserve No. 13; (4) "Jalun" Indian Reserve No. 14; (5) "Kioosta" Indian Reserve No. 15; (6) "Susk" Indian Reserve No. 17, District Lot 2083; (7) "Tiahn" Indian Reserve No. 27, District Lot 2082; (8) "Tatense" Indian Reserve No. 16; (9) "Egeria Bay" Indian Reserve No. 19, District Lot 2080; (10) "Cohoe Point" Indian Reserve No. 20, District Lot 2079; (11) "Yasitkun" Indian Reserve No. 21, District Lot 2081; (12) "Guoyskun" Indian Reserve No. 22, District Lot 2078; (13) a 30 metre right of way centred on the Ministry of Forests and Range road FSR 8229-01, Bonanza/Bill Brown; (14) a 30 metre right of way centred on the Ministry of Forests and Range road FSR 8229-07, Bonanza; (15) a 30 metre right of way centred on the Ministry of Forests and Range permit road R11023-697, BR338; (16) a 30 metre right of way centred on the Ministry of Forests and Range permit road R11023-699, SP338C; (17) Forest Licence A75084, Cutting Permit 806, Blocks REN015 and REN016A; (18) Forest Licence A75084, Cutting Permit 807, Block GRE338; (19) Forest Licence A75084, Cutting Permit 808, Blocks REN009, REN013 and REN015A; and (20) that part below the natural boundary of the sea.

The whole conservancy containing approximately 143 496 hectares.

SECTION 5: [Protected Areas of British Columbia Act, Schedule F] adds the description of Tlall Conservancy to continue the conservancy previously established by Order in Council 977/2008.

5 Schedule F is amended by adding the following description:

TLALL CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Queen Charlotte District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 10 Tube 1993; except (1) the Highway 16 right of way as shown on Plan PRP 8300 and on Plan 10, Tube 592 deposited in the Crown Land Registry; (2) a 30 metre road right of way centred on the Ministry of Forests and Range permit road R13349-4, Survey Main; (3) a 30 metre right of way centred on the non-status road north of Lawn Creek through District Lots 266 and 546; and (4) that part below the natural boundary of the sea.

The whole conservancy containing approximately 16 206 hectares.

SECTION 6: [Rescission of orders in council] rescinds the establishment by order in council of one park and 9 conservancies and the expansion by order in council of one conservancy.

Rescission of orders in council

6  The following orders in council are rescinded:

(a) the establishment of Truman Dagnus Locheed Park by Order in Council 3869/73;

(b) the establishment of the following conservancies by Order in Council 977/2008:

(i) Daawuuxusda Conservancy;

(ii) Damaxyaa Conservancy;

(iii) Kamdis Conservancy;

(iv) Kunxalas Conservancy;

(v) Nang Xaldangaas Conservancy;

(vi) Ñ'uuna Gwaay Conservancy;

(vii) Sçaay Taaw Siiwaay K'adjuu Conservancy;

(viii) Tlall Conservancy;

(ix) Yaaguun Gandlaay Conservancy;

(c) the description of the Duu Guusd Conservancy enacted by Order in Council 977/2008.

Consequential Amendments

Final Agreement Consequential Amendments Act, 2007

SECTION 7: [Final Agreement Consequential Amendments Act, 2007, section 155.1] is consequential to changing the name of Brooks Peninsula Park.

7 Section 155.1 of the Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36, as enacted by section 28 of the Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43, is amended by striking out "and" at the end of paragraph (a) and by repealing paragraph (b) and substituting the following:

(b) in Schedule C by repealing the descriptions of Big Bunsby Marine Park and Tahsish-Kwois Park and substituting the following:

BIG BUNSBY MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 15 Tube 1982.

The whole park containing approximately 622 hectares (267 hectares of upland and 355 hectares of foreshore).

TAHSISH-KWOIS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1984.

The whole park containing approximately 10 987 hectares (10 971 hectares of upland and 16 hectares of foreshore). , and

(c) in Schedule C by repealing the description of Brooks Peninsula Park [a.k.a. Muqqiwn Park] and substituting the following:

BROOKS PENINSULA PARK [a.k.a. Muqqiwn Park]

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and UTM Zone 9 and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 1984.

The whole park containing approximately 39 944 hectares (36 005 hectares of upland and 3 939 hectares of foreshore).

Protected Areas Forests Compensation Act

SECTION 8: [Protected Areas Forests Compensation Act, Schedule] is consequential to changing the name of Brooks Peninsula Park.

8 Item 147 of the Schedule to the Protected Areas Forests Compensation Act, S.B.C. 2002, c. 51, is amended in Column 1 by striking out "Brooks Peninsula Park" and substituting "Brooks Peninsula Park [a.k.a. Muqqiwn Park]".

Commencement

9  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Section 2 (a) By regulation of the Lieutenant Governor in Council
3 Section 2 (c) By regulation of the Lieutenant Governor in Council
4 Section 2 (e) and (f) By regulation of the Lieutenant Governor in Council
5 Section 2 (h) By regulation of the Lieutenant Governor in Council
6 Section 3 (b) By regulation of the Lieutenant Governor in Council
7 Section 7 By regulation of the Lieutenant Governor in Council

 
Explanatory Notes

SECTION 1: [Protected Areas of British Columbia Act, Schedule A] establishes Det san Ecological Reserve.

SECTION 2: [Protected Areas of British Columbia Act, Schedule C]

SECTION 3: [Protected Areas of British Columbia Act, Schedule D]

SECTION 4: [Protected Areas of British Columbia Act, Schedule E]

SECTION 5: [Protected Areas of British Columbia Act, Schedule F] adds the description of Tlall Conservancy to continue the conservancy previously established by Order in Council 977/2008.

SECTION 6: [Rescission of orders in council] rescinds the establishment by order in council of one park and 9 conservancies and the expansion by order in council of one conservancy.

SECTION 7: [Final Agreement Consequential Amendments Act, 2007, section 155.1] is consequential to changing the name of Brooks Peninsula Park.

SECTION 8: [Protected Areas Forests Compensation Act, Schedule] is consequential to changing the name of Brooks Peninsula Park.