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

1 Section 9 (5) of the Park Act, R.S.B.C. 1996, c. 344, is amended by striking out "in a park of any class having an area of 2 023 ha or less or".

2 The following section is added:

Film production

9.2 Nothing in section 8 (2) or 9 (2) or (7) prevents the issuance of a park use permit for an activity related to film production, including commercial film production, if, in the minister's opinion, the activity is not detrimental to the recreational values of the park involved.

3 The following section is added:

Research

9.3 (1) In this section:

"environmental assessment" means an assessment under the Environmental Assessment Act or an environmental assessment under the Canadian Environmental Assessment Act, 2012;

"feasibility study" means a study of the feasibility, including, without limitation, the feasibility of the location, design, construction, use, maintenance, improvement or deactivation, of one or more of the following:

(a) a road or highway;

(b) a pipeline;

(c) a transmission line;

(d) a telecommunications project;

(e) a prescribed project or a project in a prescribed class of projects;

(f) a structure, improvement or work related to a project described in any of paragraphs (a) to (e);

"protected area" means a park or a conservancy;

"purpose" means,

(a) in relation to a park,

(i) the preservation of the park's natural environment for the inspiration, use and enjoyment of the public, and

(ii) if a category is specified for the park under section 12 (1), the purpose associated with the category, and

(b) in relation to a conservancy, the purposes specified in section 5 (3.1) (a), (b) and (c).

(2) Nothing in section 8 (2) or (4) or 9 (2), (4), (7), (9) or (10) (d) prevents the issuance of a park use permit for an activity related to research in a protected area if, in the opinion of the minister,

(a) to do so is consistent with the purpose of the protected area,

(b) the research relates to the improvement of public health or safety,

(c) the research relates to an environmental assessment or a feasibility study, or

(d) the research will inform a decision of the Lieutenant Governor in Council or the Legislature in relation to the boundaries of the protected area.

4 Section 29 (3) is amended by adding the following paragraph:

(h.1) prescribing projects or classes of projects for the purposes of the definition of "feasibility study" in section 9.3 (1); .

Commencement

5 This Act comes into force on the date of Royal Assent.

 
Explanatory Notes

SECTION 1: [Park Act, section 9] removes reference to parks of 2 023 hectares or less.

SECTION 2: [Park Act, section 9.2] identifies under what circumstances a park use permit may be issued to allow film production and related activities in parks.

SECTION 3: [Park Act, section 9.3] identifies under what circumstances a park use permit may be issued to allow research activities in parks or conservancies.

SECTION 4: [Park Act, section 29] is consequential to the addition by this Bill of section 9.3 to the Act.