1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE CATHY McGREGOR
MINISTER OF ENVIRONMENT, LANDS AND PARKS


BILL 63 -- 1999

WILDLIFE AMENDMENT ACT, 1999

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 Wildlife Act, R.S.B.C. 1996, c. 488, is amended

(a) by adding the following definitions:

"accompany" means to remain in the company of the other person, able to see the other person without the aid of any device other than ordinary corrective lenses and able to communicate by unamplified voice with that person;

"dangerous wildlife" means

(a) bear, cougar, coyote or wolf, or

(b) a species of wildlife that is prescribed as dangerous wildlife;

"nest" means a structure, or part of a structure, prepared by or used by an animal of the class Aves to hold its eggs or offspring; ,

(b) by repealing the definitions of "constable" and "officer" and substituting the following:

"constable" means an officer of the Royal Canadian Mounted Police or either of the following as defined in the Police Act:

(a) a designated constable;

(b) a municipal constable;

"officer" means

(a) a constable, a conservation officer, the director, an assistant director, a regional manager, or

(b) an employee of the government designated by name or position as an officer, by regulation of the minister; ,

(c) in the definition of "director" by striking out "Wildlife Branch;" and substituting "Wildlife Branch and, for matters relating to fish, includes a person designated by regulation of the Lieutenant Governor in Council;", and

(d) by repealing the definitions of "non resident" and "resident" and substituting the following:

"non resident" means

(a) a person who is not a resident but who is a Canadian citizen or a permanent resident of Canada, or

(b) a person who

(i) is not a resident, but whose only or primary residence is in Canada, and

(ii) has resided in Canada for the 12 month period immediately before making an application under this Act or the regulations or doing another thing relevant to the operation of this Act;

"resident" means

(a) a person who

(i) is a Canadian citizen or a permanent resident of Canada, whose only or primary residence is in British Columbia, and

(ii) has resided in British Columbia for 7 months in the 12 months immediately before making an application under this Act or the regulations or doing another thing relevant to the operation of this Act, or

(b) a person who

(i) is not a Canadian citizen or a permanent resident of Canada, but whose only or primary residence is in British Columbia, and

(ii) has resided in British Columbia for the 12 month period immediately before making an application under this Act or the regulations or doing another thing relevant to the operation of this Act; .

2 Section 4 (4) is repealed and the following substituted:

(4) Despite any other enactment, a person may not use land or resources in a wildlife management area without the written permission of the regional manager.

3 Section 7 (1) is amended by striking out "except as authorized" and substituting "except as permitted".

4 Section 11 (6) is amended

(a) in paragraph (c) by adding "of his or her primary residence" after "household effects", and

(b) in paragraph (d) by striking out "resident of British Columbia," and substituting "resident,".

5 Section 15 is amended

(a) in subsection (1) by adding ", or a person authorized by the director," after "director" in both places, and

(b) in subsection (2) by adding ", or a person authorized by the director," after "director".

6 Section 21 (2) is repealed.

7 Section 24 is amended

(a) by repealing subsections (2) to (7) and substituting the following:

(2) If a person holding a licence or limited entry hunting authorization issued under this Act or the regulations is convicted of an offence under

(a) this Act, other than section 22, subsection (6), (7) or (14) of this section, sections 26 (1) (a), (e), (f) and (g), 28, 81 and 82,

(b) section 9 of the Firearm Act,

(c) the Migratory Birds Convention Act, 1994 (Canada) or its regulations,

(d) the Fisheries Act (Canada) or its regulations, or

(e) the Criminal Code respecting the use or possession of firearms while the person is hunting,

or for any other cause considered sufficient by the director, and after providing an opportunity for the person to be heard, the director may suspend the licence or limited entry hunting authorization and all rights under it for a period, within any prescribed limits, or may cancel it.

(3) On notice of a suspension or cancellation under subsection (2), the person must immediately deliver the licence or limited entry hunting authorization to the director.

(4) If a licence or limited entry hunting authorization is suspended, the director must return it to the person at the expiration of the period of suspension.

(5) If a licence or limited entry hunting authorization is cancelled, the director may order that the person is ineligible to obtain or renew a licence or limited entry hunting authorization for a period, within the prescribed limits, and the director must inform the person of the period of ineligibility.

(6) If the licence or limited entry hunting authorization held by a person has been suspended, the person commits an offence if during the period of suspension

(a) of the licence or limited entry hunting authorization, he or she applies for or in any way obtains a new licence or limited entry hunting authorization,

(b) of a hunting licence, he or she hunts,

(c) of a firearm licence, he or she carries a firearm, or

(d) of an angling licence, he or she angles.

(7) If the licence or limited entry hunting authorization held by a person has been cancelled, the person commits an offence if while the person is ineligible to obtain or renew

(a) a licence or limited entry hunting authorization, he or she applies for or in any way obtains a new licence or limited entry hunting authorization,

(b) a hunting licence, he or she hunts,

(c) a firearm licence, he or she carries a firearm, or

(d) an angling licence, he or she angles. ,

(b) in subsection (8) by adding "or limited entry hunting authorization" after "hunting licence" in both places ,

(c) in subsections (8), (9) and (10) by striking out "and without notice",

(d) by repealing subsections (11) to (13) and substituting the following:

(11) A person to whom subsection (8), (9) or (10) applies must immediately surrender his or her licence or limited entry hunting authorization, or, if subsection (8) applies and the person holds both a hunting licence and a limited entry hunting authorization, both the hunting licence and the limited entry hunting authorization

(a) to the court, which must forward them without delay to the director, or

(b) to the director, if the director orders the person to do so.

(12) If a person to whom subsection (2) would otherwise apply does not hold a licence or limited entry hunting authorization or is exempted from holding one, the director may prohibit the person for a period, within any prescribed limits, from doing the thing for which a licence or limited entry hunting authorization would ordinarily be required.

(13) If a person to whom subsection (8), (9) or (10) otherwise applies does not hold a licence or limited entry hunting authorization or is exempted from holding one, the person is automatically prohibited from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders (British Columbia) Act, from doing the thing for which a licence or limited entry hunting authorization would ordinarily be required, and subsection (5) applies. ,

(e) by repealing subsection (14) (a) and substituting following:

(a) applies for or in any way obtains a licence or limited entry hunting authorization that he or she is prohibited from obtaining, or ,

(f) in subsection (15) by striking out "any penalties that may be imposed under section 84" and substituting "any fines, penalties, additional fines, prohibitions, directions or requirements that may be imposed under section 84, 84.1, 84.2 or 84.3", and

(g) in subsection (16) by striking out "licence" in both places and substituting "licence or limited entry hunting authorization".

8 Section 25 (1) is amended by adding "and after providing an opportunity for the person to be heard," after "sufficient,".

9 Section 33 (2) is amended by striking out "a part of it" and substituting "a part of any wildlife".

10 The following section is added:

Feeding dangerous wildlife

33.1 (1) A person who intentionally feeds or attempts to feed dangerous wildlife commits an offence.

(2) A person commits an offence if the person, with the intent of attracting dangerous wildlife to any land or premises, provides, leaves or places in, on or about the land or premises food, food waste or any other substance that could attract dangerous wildlife to the land or premises.

(3) Subsection (2) does not apply to a person who is engaging in hunting or trapping dangerous wildlife in accordance with all other applicable provisions of this Act and the regulations.

11 Section 35 is amended

(a) in subsection (1) by striking out "residence" and substituting "dwelling place", and

(b) in subsection (2) (b) by striking out "to a residence or to a cold storage locker or meat cutting plant," and substituting "to the person's normal dwelling place or to a meatcutter or the owner or operator of a cold storage plant,".

12 Section 36 (2) (a) is amended by striking out "the owner or operator of a cold storage locker or meat cutting plant" and substituting "a meatcutter or the owner or operator of a cold storage plant".

13 Section 61 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) If a person holds, held within the last year or applies to renew, a guide outfitter's licence, guide outfitter's certificate, assistant guide licence or another licence to guide for game, angling guide licence, assistant angling guide licence, trapping licence, fur trader's licence or registration of a trapline and the person is convicted of an offence under this Act or the regulations or does not comply with the conditions contained in or restrictions imposed on his or her licence, certificate or registration, or for another cause that the regional manager considers reasonable, the regional manager may conduct a hearing to determine whether the person should continue to enjoy the privileges afforded him or her by the licence or certificate or by having the registration and may do one or more of the following:

(a) suspend, cancel or refuse to issue or renew the person's licence, certificate or registration;

(b) amend the licence, certificate or registration to specify a different area in which the person may operate;

(c) in the case of a guide outfitter, amend the licence to further limit the numbers, age and sex of game in respect of which the person may guide;

(d) amend the licence, certificate or registration to require the person to meet other conditions or restrictions that the regional manager considers appropriate;

(e) in the case of an angling guide, reduce or cancel an angler day quota attached to that person's licence.

(2) The person in respect of whom the hearing under subsection (1) is to be conducted must be given reasonable notice of the time and place for the hearing. , and

(b) by repealing subsections (4) and (5) and substituting the following:

(4) If notice of a hearing under subsection (1) is given to the holder of a licence, certificate or registered trapline and the licence or certificate expires or the registration ceases before the regional manager conducts the hearing or makes a determination under that subsection, the regional manager

(a) may proceed to hear and determine the matter, and

(b) is not obliged to renew or consider renewal of the licence or certificate or grant registration of the trapline until the earlier of the following:

(i) the end of the 30 day period immediately after the licence or certificate expires or the registration ceases;

(ii) the regional manager makes the determination after the hearing is held.

(5) Despite subsection (4), if the hearing is delayed at the request of the holder of the licence, certificate or registered trapline, the regional manager is not obliged to consider renewing the licence or certificate or granting the registration of the trapline until the regional manager makes the determination after the hearing is held.

14 Section 70 (1) (a) is repealed and the following substituted:

(a) a resident, who holds a hunting licence and meets the prescribed qualifications, to accompany

(i) a non resident, or

(ii) a non resident alien

as provided in the regulations, while hunting big game, if no remuneration is requested by, offered to or accepted by the permittee, or .

15 Section 71 (1) and (2) is amended by striking out "or an operator" and substituting "or an owner or operator".

16 Section 74 is amended by striking out "under this section" and substituting "under section 73".

17 Section 84 is repealed and the following substituted:

Fines and penalties

84 (1) For the purpose of determining the fines and penalties to which a person is subject on conviction for an offence under this Act or a regulation under this Act,

(a) subsection (2) applies in relation to an offence

(i) under section 6.1, 7 (1), 22, 26 (1) (a), (b), (e), (f) or (g), 27 (2), 28 or 82 (1) (a), (b) or (c), (3) or (4), or

(ii) prescribed under section 108 (3) (l) (i),

(b) subsections (3) and (4) apply in relation to an offence

(i) under section 7 (5), 9, 17 (7) or (8), 21 (1) or (1.1), 24 (6), (7) or (14), 26 (1) (c) or (d), 27 (1), (3) or (4), 29, 33 (1), 33.1 (1) or (2), 34, 38, 46, 47, 48 (1) or (2), 49 (1), (2), (5) or (6), 56 (1) or (2), 70 (2), 77 (2) or (3), 78, 80, 81, 82 (1) (d), 85 (2) (c) (i) or (ii), 88.1 (7), 95 (2), 96 (1) or 97 (b), or

(ii) prescribed under section 108 (3) (l) (ii), and

(c) subsections (5) and (6) apply in relation to any offence under this Act or the regulations that is not referred to in paragraph (a) or (b).

(2) A person who commits an offence referred to in subsection (1) (a) is liable,

(a) on a first conviction, to a fine of not more than $100 000 and not less than $1 000 or to a term of imprisonment not exceeding one year, or both, and

(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (a), to a fine of not more than $150 000 and not less than $2 000 or to a term of imprisonment not exceeding 18 months, or both.

(3) Subject to subsection (4), a person who commits an offence referred to in subsection (1) (b) is liable,

(a) on a first conviction, to a fine of not more than $50 000 or to a term of imprisonment not exceeding 6 months, or both, and

(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (b), to a fine of not more than $100 000 and not less than $1 000 or to a term of imprisonment not exceeding one year, or both.

(4) Despite subsection (3) (a), if the person referred to in that subsection has previously been convicted of an offence referred to in subsection (1) (a), the person is liable to the punishment set out in subsection (3) (b).

(5) Subject to subsection (6), a person who commits an offence referred to in subsection (1) (c) is liable,

(a) on a first conviction, to a fine of not more than $25 000 or to a term of imprisonment not exceeding 6 months, or both, and

(b) on each subsequent conviction for the same offence or another offence referred to in subsection (1) (c), to a fine of not more than $50 000 and not less than $500 or to a term of imprisonment not exceeding one year, or both.

(6) Despite subsection (5) (a), if the person referred to in that subsection has previously been convicted of an offence referred to in subsection (1) (a) or (b), the person is liable to the punishment set out in subsection (5) (b).

(7) Nothing in this section limits the application of sections 24 and 84.1 to 84.3 or any other sanctions provided for in this Act or the regulations under this Act.

Creative sentencing

84.1 (1) If a person is convicted of an offence under this Act or the regulations, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:

(a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the person to take any action the court considers appropriate to remedy or avoid any harm to the environment or any wildlife, endangered species or threatened species, that resulted or may result from the commission of the offence;

(c) directing the person to pay the government an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the government as a result of the commission of the offence;

(d) directing the person to perform community service;

(e) directing the person to pay an amount of money the court considers appropriate to

(i) Fisheries Renewal BC,

(ii) the Habitat Conservation Trust Fund, or

(iii) the Grizzly Bear Trust Fund established and administered by the government;

(f) directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section;

(g) directing the person to submit to the minister, on application by the minister within 3 years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;

(h) directing the person to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;

(i) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences under this Act.

(2) If a person fails to comply with an order referred to in subsection (1) (h) directing the person to publish the facts relating to the commission of an offence, the minister may publish those facts and recover the costs of publication from the person.

(3) If

(a) an order under this section or section 84.2 directs a person to pay an amount of money as compensation or for any other purpose, or

(b) the minister incurs publication costs under subsection (2) of this section,

the amount and any interest payable on that amount constitute a debt due to the government and may be recovered as such in any court of competent jurisdiction.

Variation of section 84.1 orders

84.2 (1) An application for variation of an order under section 84.1 may be made to the court that made the order by

(a) the Attorney General, or

(b) the person against whom the order under section 84.1 was made.

(2) Before hearing an application under subsection (1), the court may order the applicant to give notice of the application in accordance with the directions of the court.

(3) On an application under subsection (1), if the court considers variation appropriate because of a change in circumstances, the court may make an order doing one or more of the following:

(a) changing the original order or any conditions specified in it;

(b) relieving the person referred to in subsection (1) (b) absolutely or partially from compliance with all or part of the original order;

(c) reducing the period for which the original order is to remain in effect;

(d) extending the period for which the original order is to remain in effect, subject to the limit that this extension must not be longer than one year.

(4) If an application under subsection (1) has been heard by a court, no other application may be made in respect of the order under section 84.1 except with leave of the court.

Additional fine

84.3 (1) If a person is convicted of an offence under this Act or the regulations and the court is satisfied that, as a result of the commission of the offence, the person acquired any monetary benefits or that monetary benefits accrued to the person, the court may order the person to pay a fine equal to the court's estimation of the amount of those monetary benefits.

(2) If a person is convicted of an offence under section 22 or an offence prescribed under section 108 (3) (l) (iii) and the court is satisfied that the person was engaged in a commercial enterprise in relation to the commission of the offence and that monetary benefits could have accrued as a result of the commission of that offence, the court may order the person to pay a fine equal to the court's estimation of the amount of those monetary benefits.

(3) A fine under subsection (1) or (2) is in addition to and not in place of a fine under section 84 or an order under section 84.1 or 84.2 directing a person to pay an amount of money as compensation or for any other purpose.

18 Section 85 is repealed and the following substituted:

Failure to pay fine

85 (1) This section applies if a person

(a) fails to pay, within the time required by law, a fine imposed as a result of the person's conviction for an offence under this Act or the regulations or under the Firearm Act, and

(b) has been served with notice of this section.

(2) In the circumstances referred to in subsection (1),

(a) the person's right to apply for or obtain a licence, permit or limited entry hunting authorization under this Act is suspended immediately and automatically on the failure to pay the fine,

(b) all licences, permits and limited entry hunting authorizations issued to that person under this Act are cancelled immediately and automatically on the failure to pay the fine, and

(c) the person commits an offence if, before that fine is paid, the person

(i) applies for, or in any way obtains, a licence, permit or limited entry hunting authorization under this Act, or

(ii) does anything for which a licence, permit or limited entry hunting authorization under this Act is required.

19 The following section is added:

Dangerous wildlife protection order

88.1 (1) In this section:

"attractant" means food, food waste, compost or other waste or garbage that could attract dangerous wildlife;

"private dwelling" means a structure used solely as a private residence or a residential accommodation within any other structure.

(2) If a conservation officer believes on reasonable grounds that dangerous wildlife is or may be attracted to any land or premises other than a private dwelling, the conservation officer may, without a warrant, enter and search the land or premises.

(3) If a conservation officer believes on reasonable grounds that the existence or location of an attractant in, on or about any land or premises, other than in a private dwelling, poses a risk to the safety of any person because the attractant is attracting or could attract dangerous wildlife to the land or premises, the conservation officer may issue a dangerous wildlife protection order directing an owner, occupier or person in charge of that land or premises to contain, move or remove the attractant within a reasonable period of time specified in the order.

(4) Despite subsection (3), a dangerous wildlife protection order may not be made in respect of any of the following:

(a) a farm operation, as defined in section 1 of the Farm Practices Protection (Right to Farm) Act, that

(i) is conducted on, in or over land anywhere in British Columbia, and

(ii) meets the requirements set out in section 2 (2) (a) and (c) of that Act;

(b) a person who is engaging in trapping in accordance with all other applicable provisions of this Act and the regulations;

(c) a facility for the disposal of waste, that is operated in accordance with the Waste Management Act by a municipality, as defined in section 1 (1) of that Act.

(5) A person to whom an order under subsection (3) is expressed to apply must comply with the order within the period of time specified in that order.

(6) For the purpose of ensuring that an order issued under subsection (3) is being, or has been, complied with, a conservation officer may, without a warrant, enter and search the land or premises other than a private dwelling that is affected by the order.

(7) A person commits an offence if the person neglects or refuses to comply with an order in accordance with subsection (5).

20 Section 90 (1) and (2) is amended by striking out "purposes of this Act," and substituting "purposes of this Act or the Firearm Act,".

21 Section 92 is amended by striking out "concealed" and substituting "located".

22 Section 94 is repealed and the following substituted:

Seizure

94 A conservation officer or constable may seize wildlife or fish or parts of either wildlife or fish, anything referred to in paragraph (b) and anything found in, on or about a place, building or premises, or in the possession of a person, that might afford evidence of the commission of an offence under this Act or the regulations, if the conservation officer or constable

(a) finds in the possession of a person, or in, on or about a place or thing referred to in section 93, wildlife or fish that the conservation officer or constable believes on reasonable grounds was killed, taken or possessed in violation of this Act or the regulations, or is about to be illegally exported, or

(b) finds firearms, ammunition, decoys, traps, fishing rods or other devices or materials, implements or appliances for hunting or trapping wildlife or for catching fish, that the conservation officer or constable believes on reasonable grounds were held, kept or used for or in connection with a violation of this Act or the regulations.

23 Section 99 is repealed and the following substituted:

Deputy conservation officers

99 (1) The minister may

(a) appoint as deputy conservation officer any person, or any class of persons, the minister considers suitable, and

(b) impose and confer on a deputy conservation officer, or on any class of deputy conservation officers, any of the duties and powers given to a conservation officer by this Act and section 9 of the Environment Management Act.

(2) A deputy conservation officer may perform and exercise the duties and powers imposed and conferred on the officer under subsection (1) (b).

24 Section 100 (2) is amended by striking out "director" in both places and substituting "regional manager".

25 Section 107 is amended

(a) in subsection (1) (d) by striking out "Fish and Wildlife Branch of the ministry," and substituting "government,", and

(b) in subsection (4) by striking out "maintained or supported by the government of Canada or a province," and substituting "maintained, supported or certified by the government of Canada, a province, the United States of America or a state of it,".

26 Section 108 (3) (l) and (m) is repealed and the following substituted:

(l) prescribing an offence under a specified provision of this Act, or a regulation under this Act, as an offence for the purposes of

(i) section 84 (1) (a) (ii),

(ii) section 84 (1) (b) (ii), or

(iii) section 84.3 (2);

(m) prescribing a species of wildlife as dangerous wildlife;

(n) for any purpose contemplated by this Act.

27 Section 109 (a) is amended by striking out "ministry," and substituting "government,".

28 Section 111 (2) (b) and (3) (c) is amended by striking out "land" and substituting "land or water rights".

29 Section 84 (1) (a) (i) of the Wildlife Act, as enacted by section 17 of this Act, is amended by striking out "26 (1) (a)," and substituting "26 (1)".

30 Sections 1 to 3 of the Supplement to the Wildlife Act are repealed.

 
Consequential Amendments

 
Fish Protection Act

31 Section 28 of the Fish Protection Act, S.B.C. 1997, c. 21, is amended in that part enacting section 7 (1.1) of the Wildlife Act by striking out "authorized" and substituting "permitted".

32 Section 33 is repealed.

 
Waste Management Act

33 Section 56.2 of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended

(a) in subsection (2) by striking out "person against whom the order under section 56.1 was made" and substituting "applicant", and

(b) in subsection (3) (b) by striking out "person" and substituting "person referred to in subsection (1) (b)".

 

Water Act

34 Section 41.2 of the Water Act, R.S.B.C. 1996, c. 483, is amended

(a) in subsection (2) by striking out "person against whom the order under section 41.1 was made" and substituting "applicant", and

(b) in subsection (3) (b) by striking out "person" and substituting "person referred to in subsection (1) (b)".

Commencement

35 (1) Section 1 (d) comes into force on March 1, 2000.

(2) Section 9 comes into force by regulation of the Lieutenant Governor in Council.

(3) Section 28 comes into force on the date section 8 (1) of the Fish Protection Act, S.B.C. 1997, c. 21, comes into force.

(4) Section 29 comes into force on the date section 32 of the Fish Protection Act, S.B.C. 1997, c. 21, comes into force.

 
Explanatory Notes

SECTION 1: [Wildlife Act, amends section 1 (1)]

(a) adds definitions of "accompany", "dangerous wildlife" and "nest";

(b) includes designated constables, as defined in section 1 of the Police Act, in the definition of "constable" under the Wildlife Act and replaces the definition of "officer";

(c) amends the definition of "director";

(d) provides parallel wording in the definitions of "non resident" and "resident" and increases British Columbia residency requirements in the definition of "resident".

SECTION 2: [Wildlife Act, repeals and replaces section 4 (4)] clarifies the intent of the subsection.

SECTION 3: [Wildlife Act, amends section 7 (1)] is consequential to the amendment to section 4 (4) of the Act by this Bill.

SECTION 4: [Wildlife Act, amends section 11 (6)]

(a) restricts the exemption to moving a firearm as part of a move of household effects of the person's primary residence;

(b) removes redundant wording.

SECTION 5: [Wildlife Act, amends section 15] allows for delegation of the director's powers to issue licences.

SECTION 6: [Wildlife Act, repeals section 21 (2)] repeals the subsection.

SECTION 7: [Wildlife Act, amends section 24] adds references to limited entry hunting authorizations and provides a cross reference to sections 84.1, 84.2 and 84.3 as enacted by this Bill.

SECTION 8: [Wildlife Act, amends section 25 (1)] makes the provision parallel to section 24 (2) respecting the right to be heard.

SECTION 9: [Wildlife Act, amends section 33 (2)] clarifies the intent of the subsection.

SECTION 10: [Wildlife Act, enacts section 33.1] makes it an offence to feed, or intentionally attract, dangerous wildlife, as defined in section 1 of the Act as amended by this Bill.

SECTION 11: [Wildlife Act, amends section 35] makes the language of the section consistent with other references in the Act.

SECTION 12: [Wildlife Act, amends section 36 (2) (a)] makes the language of the section consistent with other references in the Act.

SECTION 13: [Wildlife Act, amends section 61] broadens the authority to conduct disciplinary hearings and take disciplinary action under section 61 by making the provision applicable in respect of holders of trapline registrations and to persons who held licences, certificates or trapline registrations under the Act within the last year.

SECTION 14: [Wildlife Act, repeals and replaces section 70 (1) (a)] makes the phrase "as provided in the regulations" apply to both subparagraphs (i) and (ii) and clarifies the intent of the paragraph.

SECTION 15: [Wildlife Act, amends section 71 (1) and (2)] makes the language of the section consistent with other references in the Act.

SECTION 16: [Wildlife Act, amends section 74] corrects an incorrect reference.

SECTION 17: [Wildlife Act, re-enacts section 84 and enacts sections 84.1 to 84.3]

SECTION 18: [Wildlife Act, re-enacts section 85]

SECTION 19: [Wildlife Act, enacts section 88.1]

SECTION 20: [Wildlife Act, amends section 90 (1) and (2)] adds references to the Firearm Act.

SECTION 21: [Wildlife Act, amends section 92] replaces the term "concealed" with "located" for the purposes of obtaining a search warrant under section 92.

SECTION 22: [Wildlife Act, re-enacts section 94] clarifies the language respecting powers of conservation officers and constables to seize evidence of an offence under the Act or regulations.

SECTION 23: [Wildlife Act, re-enacts section 99] authorizes the minister to appoint a class of persons as deputy conservation officers and corrects a cross reference.

SECTION 24: [Wildlife Act, amends section 100 (2)] reassigns particular powers to the regional managers.

SECTION 25: [Wildlife Act, amends section 107]

(a) expands the reference from a reference to an official of the Branch to an official of the government;

(b) broadens the range of certificate evidence that may be used in a proceeding under the Act to include certificates from American laboratories.

SECTION 26: [Wildlife Act, amends section 108 (3)]

SECTION 28: [Wildlife Act, amends section 111 (2) (b) and (3) (c)] enables use of the Habitat Conservation Trust Fund for water related conservation purposes.

SECTION 29: [Wildlife Act, amends section 84 (1) (a) (i) as enacted by this Bill] provides a consequential amendment to section 84 that will be necessary when section 32 of the Fish Protection Act is brought into force.

SECTION 30: [Supplement to the Wildlife Act, repeals sections 1 to 3] repeals provisions enacted in 1989 but never brought into force.

 
Fish Protection Act

SECTION 31: [Fish Protection Act, amends section 28] is consequential to the amendment of section 4 (4) of the Wildlife Act by this Bill and amends a not in force amendment to the Wildlife Act as enacted by section 28 of the Fish Protection Act.

SECTION 32: [Fish Protection Act, repeals section 33] repeals a not in force amendment to section 84 of the Wildlife Act that is made unnecessary by amendments to that section by this Bill.

 

Waste Management Act

SECTION 33: [Waste Management Act, amends section 56.2] provides consequential amendments to parallel the language used in section 84.2 (2) and (3) of the Wildlife Act as enacted by this Bill.

 
Water Act

SECTION 34: [Water Act, amends section 41.2] provides consequential amendments to parallel the language used in section 84.2 (2) and (3) of the Wildlife Act as enacted by this Bill.


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