2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE BILL BARISOFF
MINISTER OF WATER, LAND AND
AIR PROTECTION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Ecological Reserve Act
1 The Ecological Reserve Act, R.S.B.C. 1996, c. 103, is amended by adding the following section:
7.2 (1) The time limit for laying an information for an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister issues a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
(2) A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified matters.
Environmental Management Act
2 Section 1 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by repealing the definition of "conservation officer" and substituting the following:
"conservation officer" means a person described in section 106 (2) (a) or (b) [conservation officer service] and includes, in relation to a specific power or duty, an auxiliary conservation officer and a special conservation officer who has been authorized under section 106 (3) (d) to exercise the power or perform the duty; .
3 Sections 18 (3) (e), 115 (1) (b), 120 (20), 131 (1) (a) and (2) and 138 (2) (d) are amended by striking out "or the regulations" wherever it appears.
4 Sections 31 (2) (b), 32 (3) (a) and 74 (1) (f) (ii) are amended by striking out "and the regulations".
5 Section 106 is amended
(a) in subsection (3) (a) by striking out "as conservation officers;" and substituting "as members of the Conservation Officer Service;",
(b) in subsection (3) (d) by striking out everything after "conservation officers," and substituting "any of the duties imposed and powers conferred on a member of the Conservation Officer Service under this Act or another enactment;", and
(c) by repealing subsection (5) (b) and (c) and substituting the following:
(b) are peace officers for the purposes of
(i) exercising the powers and performing the duties of a conservation officer under this Act or another enactment,
(ii) exercising the powers and performing the duties of a prescribed official under an enactment prescribed for the purposes of section 107 (1) (a), and
(iii) enforcing an enactment prescribed for the purposes of section 107 (1) (b), and
(c) have the immunities, and are authorized to exercise the powers and perform the duties, of a peace officer exclusively for the purpose of
(i) exercising the powers and performing the duties of a conservation officer under this Act or another enactment,
(ii) exercising the powers and performing the duties of a prescribed official under an enactment prescribed for the purposes of section 107 (1) (a), and
(iii) enforcing an enactment prescribed for the purposes of section 107 (1) (b).
6 Section 107 (1) and (2) is repealed and the following substituted:
(1) A member of the Conservation Officer Service may
(a) exercise the powers and perform the duties of
(i) an officer under this Act, and
(ii) a prescribed official under a prescribed enactment, and
(b) enforce the prohibitions or requirements of prescribed enactments.
(2) On information on oath that there are reasonable grounds to believe that an offence under an enactment referred to in section 106 (5) (b) has occurred or is occurring, a justice, on being satisfied that an entry and a search are likely to provide evidence of such an offence, may issue a warrant authorizing a conservation officer
(a) to enter and search the real or personal property specified in the warrant,
(b) to seize and remove anything that the conservation officer has reasonable grounds for believing is evidence of an offence, and
(c) to take other actions as the justice considers appropriate in the circumstances and authorizes in the warrant.
7 Section 112 (2) is repealed and the following substituted:
(2) Sections 23 to 24.2 of the Offence Act do not apply in relation to anything taken in the course of an inspection authorized under section 109 or 111 of this Act, unless subsection (1) of this section applies, in which case, section 23 (4) of the Offence Act applies and, for that purpose, an officer is deemed to be a peace officer.
8 Section 119 (1) (c) is repealed and the following substituted:
(c) prescribing, with the prior approval of the minister responsible for the administration of the Police Act,
(i) officials and enactments for the purposes of section 107 (1) (a) (ii) [enforcement powers of the Conservation Officer Service], and
(ii) enactments for the purposes of section 107 (1) (b).
9 Section 124 is repealed and the following substituted:
124 (1) The time limit for laying an information for an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister completes a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
(2) A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified matters.
Integrated Pest Management Act
10 Sections 9 (3) (b) and 23 (1) (b) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, are amended by striking out "or the regulations".
11 Section 20 (2) is repealed and the following substituted:
(2) Sections 23 to 24.2 of the Offence Act do not apply in relation to anything taken in the course of an inspection authorized under section 17, 18 or 19 of this Act unless subsection (1) of this section applies, in which case, section 23 (4) of the Offence Act applies and for that purpose, an inspector is deemed to be a peace officer.
12 Section 29 is repealed and the following substituted:
29 (1) The time limit for laying an information for an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister issues a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
(2) A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified matters.
Park Act
13 Section 28 (5) and (6) of the Park Act, R.S.B.C. 1996, c. 344, is repealed and the following substituted:
(5) The time limit for laying an information for an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister issues a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
(6) A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified matters.
Wildlife Act
14 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended
(a) in paragraph (b) (ii) of the definition of "non resident" by striking out "or the regulations",
(b) by repealing paragraph (a) (ii) of the definition of "resident" and substituting the following:
(ii) has been physically present in British Columbia for the greater portion of each of 6 calendar months out of the 12 calendar months immediately preceding the date of making an application under this Act or doing another thing relevant to the operation of this Act, or , and
(c) by repealing paragraph (b) (ii) of the definition of "resident" and substituting the following:
(ii) has been physically present in British Columbia for the greater portion of each of the 12 calendar months immediately preceding the date of making an application under this Act or doing another thing relevant to the operation of this Act; .
15 Sections 24 (2) (b), 61 (1), 82 (1) (b), (c) and (d) and (4), 84 (1) (c), 84.1 (1), 84.3 (1), 94 (1), 97, 104 (1), 105, 106 and 107 (1) to (4) are amended by striking out "or the regulations" wherever it appears.
16 Section 75 is repealed and the following substituted:
75 (1) A person who kills or wounds wildlife, other than prescribed wildlife, either by accident or for the protection of life or property, must promptly report to an officer
(a) the killing or wounding, and
(b) the location of the wildlife.
(2) A person who fails to report as required under subsection (1) commits an offence.
17 Section 84 (1) is amended by striking out "or a regulation under this Act".
18 Sections 84 (6.2) and (6.3) and 98.1 are amended by striking out "under this Act, the Firearm Act or their regulations" and substituting "under this Act or the Firearm Act".
19 Section 85 (1) (a) is amended by striking out "the regulations or under".
20 Section 103 is repealed and the following substituted:
103 (1) The time limit for laying an information in respect of an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister completes a certificate described in subsection (2), 18 months after the date that facts on which the information is based first came to the knowledge of the minister.
(2) A document purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified matters.
21 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 | Sections 1 and 13 to 20 | The date of Royal Assent |
| 2 | Sections 2 to 12 | By regulation of the Lieutenant Governor in Council |
Ecological Reserve Act
SECTION 1: [Ecological Reserve Act, section 7.2] adds a provision, consistent with the other environmental statutes amended by this Bill, establishing the time limit for starting a prosecution for an offence under the Act.
Environmental Management Act
SECTION 2: [Environmental Management Act, section 1] re-enacts the definition of "conservation officer" to clarify that the term includes an auxiliary or special conservation officer only if the auxiliary or special conservation officer has been specifically authorized to perform the duty or exercise the power in question.
SECTION 3: [Environmental Management Act, sections 18, 115, 120, 131 and 138] makes housekeeping amendments to delete redundant instances of "or the regulations" occurring after the phrase "under this Act".
SECTION 4: [Environmental Management Act, sections 31, 32 and 74] makes housekeeping amendments to delete redundant instances of "and the regulations" occurring after the phrase "under this Act".
SECTION 5: [Environmental Management Act, section 106]
SECTION 6: [Environmental Management Act, section 107]
SECTION 7: [Environmental Management Act, section 112] clarifies that different procedures apply in relation to items seized after an offence is reasonably suspected and in relation to items taken in the course of an inspection.
SECTION 8: [Environmental Management Act, section 119] clarifies the regulation making authority in relation to section 107 (1) and requires the prior approval of the Solicitor General for making regulations providing conservation officers with broader enforcement powers.
SECTION 9: [Environmental Management Act, section 124] re-enacts the provision establishing the time limit for prosecuting an offence under the Act to add a fixed period that is intended to apply in most cases.
Integrated Pest Management Act
SECTION 10: [Integrated Pest Management Act, sections 9 and 23] makes housekeeping amendments to delete redundant instances of "or the regulations" occurring after the phrase "under this Act".
SECTION 11: [Integrated Pest Management Act, section 20] clarifies that different procedures apply in relation to items seized after an offence is reasonably suspected and in relation to items taken in the course of an inspection.
SECTION 12: [Integrated Pest Management Act, section 29] re-enacts the provision establishing the time limit for prosecuting an offence under the Act to add a fixed period that is intended to apply in most cases.
Park Act
SECTION 13: [Park Act, section 28] re-enacts the subsections establishing the time limit for prosecuting an offence under the Act to add a fixed period that is intended to apply in most cases and to remove redundant language.
Wildlife Act
SECTION 14: [Wildlife Act, section 1]
SECTION 15: [Wildlife Act, sections 24, 61, 82, 84, 84.1, 84.3, 94, 97 and 104 to 107] makes housekeeping amendments to delete redundant instances of "or the regulations" occurring after the phrase "under this Act".
SECTION 16: [Wildlife Act, section 75] re-enacts the provision to clarify that it is intended only as a reporting requirement and is not providing any authority to kill or wound wildlife.
SECTION 17: [Wildlife Act, section 84] makes a housekeeping amendment to delete redundant language.
SECTION 18: [Wildlife Act, sections 84 and 98.1] makes housekeeping amendments to delete redundant language.
SECTION 19: [Wildlife Act, section 85] makes a housekeeping amendment to delete redundant language.
SECTION 20: [Wildlife Act, section 103] re-enacts the provision establishing the time limit for prosecuting an offence under the Act to add a fixed period that is intended to apply in most cases.
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