The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. ROB FLEMING
As host to 76 per cent of Canada's bird species, 70 per cent of its freshwater fish species, and 60 per cent of its conifer species, British Columbia is Canada's most biodiverse province. Recognizing the rich biological diversity in the province, this Act ensures the protection of British Columbia's native wildlife species and their habitat. Currently, 1,600 species are at risk in British Columbia and this Act seeks to reverse this trend and put in place strong legislation to protect endangered species across the province. The purposes of this Act are to identify species at risk based on the best available scientific information including information obtained from community knowlege and aboriginal traditional knowledge; to protect species that are at risk and their habitats, and to work towards the survival and recovery of species that are at risk. Furthermore, this Act will promote stewardship activities to assist in the protection, survival, and recovery of species that are at risk.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part One — Introductory Provisions
1 (1) In this Act:
"agreement" means an agreement entered into under section 27 of this Act;
"appeal board" means the Environmental Appeal Board continued under the Environmental Management Act;
"assessment list" means the list of species requiring assessment established under section 13 of this Act;
"consultant lobbyist" has the same meaning as in the Lobbyist Registration Act;
"committee" means the British Columbia Species at Risk Committee established under section 4 of this Act;
"ecosystem" means a complete system composed of human beings, other animals and plants in a defined area, and with the soil and climate comprising their habitat in that area;
"first nation" includes
(a) a band, as defined in the Indian Act (Canada),
(b) another legal entity representing a first nation, or
(c) a person authorized by a band referred to in paragraph (a) or a legal entity referred to in paragraph (b);
"guiding principles" means the guiding principles in section 3 of this Act;
"habitat" means either,
(a) the area prescribed by regulation as the habitat of a species, or
(b) an area on which a species, directly or indirectly:
(i) relies upon to carry out its life processes,
(ii) formerly relied upon to carry out its life processes, or
(iii) will rely upon if reintroduced to carry on its life processes;
"in-house lobbyist" has the same meaning as in the Lobbyist Registration Act;
"justice" has the same meaning as in the Offence Act;
"life processes" include
(a) reproduction,
(b) rearing,
(c) hibernation,
(d) migration, and
(e) feeding;
"management plan" means a plan to manage the risks to a species of special concern prepared under section 22 of this Act;
"member of a species" includes:
(a) a member of the species at any stage of its development,
(b) a gamete or asexual propagate of the species, and
(c) the member of the species, whether or not it originated in British Columbia.
"ministerial statement" means a statement by the minister made under section 23 of this Act;
"officer" means
(a) an officer defined in section 1 (1) of the Wildlife Act, or
(b) an employee of the government designated by name or position as an officer, by regulation of the minister;
"order" means an order under sections 43, 44 or 55 of this Act;
"permit" means a permit entered into under section 28 of this Act;
"recovery strategy" means a strategy for the recovery of an endangered or extirpated species prepared under section 21 of this Act;
"served" with respect to an order, or notice includes service by registered mail, and is effective on
(a) the date of personal service, or
(b) five days after it was sent by registered mail;
"species" means a species, subspecies, variety or genetically or geographically distinct populations of animal, plant or other organism, other than a bacterium or virus, that is native to British Columbia or has extended its range permanently into British Columbia without direct human intervention;
"species at risk list" means the a regulation passed in accordance with section 16 of this Act.
2 The purpose of this Act is to prevent species from becoming extirpated or extinct and promote the recovery of species at risk by:
(a) identifying species at risk;
(b) protecting species at risk and their habitats;
(c) promoting the recovery of species at risk; and
(d) promoting stewardship activities to assist in the protection, survival and recovery of species at risk.
3 This Act must be interpreted and administered in accordance with the following principles:
(a) decisions must be made on the basis of the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge;
(b) where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty must not be used as a reason for postponing measures to avoid or minimize that threat;
(c) climate change is presenting increasing pressure on species and ecosystems;
(d) a healthy environment is essential to social and economic well-being; and
(e) the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
Part Two — British Columbia Species at Risk Committee
4 The British Columbia Species at Risk Committee is established as a corporation consisting of the members appointed under section 5.
5 (1) The committee consists of persons appointed under this section who are knowledgeable in either:
(a) a scientific discipline such as conservation biology, population dynamics, taxonomy, systematics, genetics or climatology; or
(b) aboriginal traditional knowledge.
(2) The Lieutenant Governor in Council must
(a) appoint members to the committee,
(b) ensure that at any time there are at least 3 members,
(c) designate one of the members as the chair of the committee, and
(d) designate one of the members as the deputy chair of the committee.
6 (1) The members of the committee must perform their functions in an independent manner.
(2) A member of the committee must not, with respect to any matter related to this Act, act as
(a) a consultant lobbyist, or
(b) an in-house lobbyist.
7 The committee is an agent of the government.
8 The committee may pass resolutions and bylaws it considers necessary or advisable for the management and conduct of its affairs, the exercise of its powers and the performance of its duties and functions.
9 The purpose of the committee is to:
(a) develop and maintain criteria for assessing and classifying species in accordance with section 12,
(b) develop and maintain a prioritized list of species that require assessment in accordance with section 13,
(c) assess and classify species in accordance with section 15 of the Act;
(d) submit reports to the minister and public in accordance with this Act;
(e) provide advice to the minister upon request.
10 The committee must create and maintain a website that is accessible to the general public
11 (1) The committee must submit an annual report to the minister detailing its work, including the reasons for any classifications made since the last annual report.
(2) The committee must publish the annual report to its website 90 days after providing it to the minister.
Part Three — Classification of Species
12 (l) The committee must establish criteria for assessing and classifying species in accordance with this section.
(2) The committee may classify a species as
(a) extinct if it no longer lives anywhere in the world,
(b) extirpated if
(i) it is not extinct,
(ii) it lived in the wild in British Columbia at one time, and
(iii) it no longer lives in the wild in British Columbia.
(c) endangered if extinction or extirpation is imminent,
(d) threatened if it is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation,
(e) a special concern if it may become threatened or endangered due to a combination of biological characteristics and identified threats, or
(2) The committee may establish criteria that allow for the classification of species within specified geographic areas in British Columbia.
(3) The committee must establish criteria to determine
(a) which species require assessment, and
(b) the order in which species will be assessed.
(4) The committee must periodically review and update the criteria established under this section to ensure it reflects current practices and continues to comply with the purpose and guiding principles of this Act.
(6) The committee must provide the minister with the criteria established under this section and any subsequent amendments.
(7) The committee must publish the criteria established under this section and any subsequent amendments to its website 90 days after providing it to the minister.
13 (1) The committee must establish a list of species that require assessment based on the criteria established under section 12.
(2) The assessment list must include every species that lives or once lived in British Columbia that:
(a) has been classified as extirpated, endangered, threatened or of special concern under the Species at Risk Act (Canada); and
(b) has not yet been assessed by the committee.
(3) The committee must prioritize the assessment of species based on the criteria established in section 12.
(4) The committee must provide the minister with the assessment list and any amendments.
(5) The committee must publish the assessment list and any amendments to its website 90 days after providing it to the minister.
14 (1) Any person may apply to the committee for the assessment of a species.
(2) The committee must consider an application under this section within 30 days to determine whether there is a reasonable basis for believing that there is an imminent threat of survival to the species.
(3) The committee must inform the person who submitted the application of the finding under subsection (2) and the reasons for the finding.
(4) If the committee determines there is a reasonable basis for believing that there is an imminent threat of survival to the species the committee must:
(a) add the species to the assessment list; and
(b) assess the species in accordance with section 15 within one year of placing the species on the assessment list.
15 (1) The committee must assess species:
(a) in the order indicated on the assessment list; and
(b) classify them according to the criteria established under section 12.
(2) When the species has been assessed the committee must issue a report indicating:
(a) the common and scientific names of the species;
(b) the classification of the species;
(c) the specified geographic area in which the committee has classified the species, if applicable; and
(d) the reasons for the classification.
(3) The committee must provide the report to the minister.
(4) The committee must publish the report to its website 9 months after providing the report to the minister.
16 (1) The minister must deposit a regulation containing a list of species that have been classified by the committee as extinct, extirpated, threatened, endangered, or of special concern.
(2) The species at risk list must contain the following information for all of the species classified by the committee under section 15:
(a) the common and scientific names of the species;
(b) the classification of the species; and
(c) the specified geographic area in which the committee has classified the species, if applicable.
(3) If no specified geographic area is indicated for a species the classification is deemed to apply to all of British Columbia.
(4) The minister must amend the species at risk list within 9 months of receiving a report under section 15.
17 (1) The minister must order the committee to assess a species in accordance with section 15 if
(a) the species is not listed on the species at risk list, and
(b) in the ministers opinion, the species may be facing imminent extinction or extirpation.
(2) The minister may order the committee to assess a species in accordance with section 15 if
(a) the species is on the species at risk list, and
(b) in the minister's opinion, credible scientific information indicates that the classification is not appropriate.
(3) An order under this section does not delay or otherwise affect the obligation to amend the species at risk list in accordance with section 16.
(4) The minister must consult with the chair of the committee before making an order under this section.
(5) The committee must produce a report under section 15 no later than the date specified by the minister in an order under this section.
Part Four — Protection, Survival, and Recovery of Species
18 (1) No person shall
(a) kill, harm, harass, capture or take a living member of a species that is classified on the species at risk list as extirpated, endangered or threatened,
(b) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade,
(i) a living or dead member of a species that is classified on the species at risk list as extirpated, endangered or threatened,
(ii) any part of a living or dead member of a species that is classified on the species at risk list as extirpated, endangered or threatened, or
(iii) anything derived from a living or dead member of a species that is classified on the species at risk list as extirpated, endangered or threatened, or
(c) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in paragraph (b).
(2) Subsection (1) (b) does not apply to a member of a species that originated outside British Columbia if it was lawfully killed, captured or taken in the jurisdiction from which it originated.
(3) Subsection (1) (b) does not apply to possession by the Crown.
(4) Where the species at risk list specifies a geographic area subsection (1) only applies to that species in that area.
(5) Despite subsection (1) (b), if the crown is in possession of anything referred to in subsection (1) (b), the minister may transfer it to another person to possess it for
(a) scientific or educational purposes; or
(b) traditional cultural, religious or ceremonial purposes.
19 (1) No person shall damage or destroy the habitat of
(a) a species that is listed on the species at risk list as an endangered or threatened species; or
(b) a species that is listed on the species at risk list as an extirpated species, if the species is prescribed by regulation.
(2) Where the species at risk list specifies a geographic area subsection (1) applies to that species only in that area.
20 (1) In this section:
"laws of another jurisdiction" means valid enactments of a jurisdiction other than British Columbia that have the purpose of protecting animals, plants or other organisms that are extirpated, endangered or threatened in that jurisdiction, or animals, plants or other organisms, however described, that are similarly at risk in that jurisdiction
(2) No person shall
(a) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade
(i) a living or dead member of a species,
(ii) any part of a living or dead member of a species, or
(iii) anything derived from a living or dead member of a species, or
(b) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in paragraph (a)
if that member of species:
(c) was killed, captured, taken, possessed, collected, transported, bought, sold, leased or traded contrary to the laws of another jurisdiction, or
(d) was removed from another jurisdiction, contrary to the laws of another jurisdiction.
(3) A person must not be convicted of an offence under this section if that person establishes that he or she honestly and reasonably believed that the laws of another jurisdiction were complied with.
21 (1) The minister must develop a recovery strategy for each species that is listed on the species at risk list as
(a) an endangered or threatened species, or
(b) an extirpated species if in the minister opinion reintroduction of the species into British Columbia is feasible having regard to
(i) social and economic factors, and
(ii) the guiding principles of this Act.
(2) A recovery strategy must include
(a) an identification of the habitat of the species,
(b) a description of the threats to the survival and recovery of the species and its habitat,
(c) a description of species on the species at risk list that co-occur with the species for which the recovery strategy is being prepared,
(d) recommendations on
(i) objectives for the protection survival and recovery of the species,
(ii) approaches to achieve the objectives recommended under subparagraph (i),
(iii) the area that should be considered in prescribing an area as the habitat of the species, and
(iv) whether a multi-species or ecosystem approach would be appropriate, and
(e) any other information prescribed by regulation.
(3) The minister must subject a recovery strategy to a 60 day public review beginning no later than
(a) 1 year from the date the species was classified as endangered on the species at risk list, or
(b) 2 years from the date the species was classified as threatened on the species at risk list.
(5) The minister must consider the results of the public review and amend the recovery strategy if necessary.
(6) The minister must publish the recovery strategy on the website of the minister's ministry within 30 days of the public review.
22 (1) The minister must develop a management plan for each species that is classified on the species at risk list as a special concern.
(2) Subsection (1) does not apply to a species for which the preparation of a recovery strategy or management plan is required under section 37 or 65 of the Species at Risk Act (Canada).
(3) Subject to (6), the minister must subject a management plan to a 60 day public review beginning no later than 5 years from the date the species was classified as a special concern on the species at risk list.
(4) The minister must consider the results of the public review and amend the management plan if necessary.
(5) The minister must publish the management plan on the website of the minister's ministry within 30 days of the public review.
(6) The minister may commence a 60 day public review of a proposed management plan later than 5 years from the date the species was classified as a special concern on the species at risk list if
(a) in the minister's opinion additional time is required to prepare the management plan because of
(i) the complexity of the issues,
(ii) the desire to prepare the management plan in cooperation with one or more other jurisdictions, or
(iii) the desire to give priority to the preparation of recovery strategies or management plans for other species, and
(b) the minister publishes a notice to the website of minister's ministry stating
(i) the reasons for the opinion in paragraph (a), and
(ii) an estimate of when the management plan will be available for public review.
23 (1) The minister must produce a statement summarizing the actions that the government intends to take in response to each recovery strategy and management plan.
(2) The minister must publish a statement under this section to the website of the minister's ministry within 9 months of finalizing the recovery strategy or management plan.
(3) The minister must implement the actions referred to in a statement published under this section if they are
(a) within the responsibilities of the minister, and
(b) in the ministers opinion they are feasible with regard to
(i) social and economic factors, and
(ii) the guiding principles of this Act.
(4) The minister may determine the priority in which statements under this section are implemented.
(5) The minister must conduct a review of progress towards the protection, survival, and recovery of the species no later than 5 years after a statement is published under this section.
(6) The minister must publish the results of a review under subsection (5) to the website of the minister's ministry.
24 A recovery strategy or management plan may be prepared using an ecosystem approach.
25 A recovery strategy or management plan may be prepared for more than one species, whether or not the species are part of the same ecosystem.
26 A recovery strategy or management plan may incorporate all or part of an existing plan that relates to the species.
Part Five — Agreements, Permits and Other Instruments
27 (1) The minister may enter into an agreement authorizing an activity that would otherwise be prohibited under sections 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat].
(2) The minister may only enter into an agreement under this section if in the minister's opinion:
(a) the activity authorized is necessary for the protection of human health or safety;
(b) the main purpose of the activity authorized is to assist, and the activity will assist, in the protection or recovery of the species specified in the permit;
(c) an overall benefit to the species will be achieved within a reasonable time through requirements imposed by the terms of the agreement, if:
(i) all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and
(ii) all reasonable steps to minimize adverse effects on individual members of the species are required by the terms of the agreement; or
(d) the activity will result in a significant social or economic benefit to British Columbia, and
(i) the minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the activity on the species and to be independent of the person who would be authorized by the permit to engage in the activity,
(iii) the expert in sub-paragraph (i) has produced a written report on the possible effects of the activity on the species, including an opinion on whether the activity will jeopardize the survival or recovery of the species in British Columbia,
(iv) the report has been published to the website of the minister's ministry,
(v) in the minister's opinion, the activity will not jeopardize the survival or recovery of the species in British Columbia,
(vi) all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted,
(vii) all reasonable steps to minimize adverse effects on individual members of the species are required by the terms of the agreement, and
(viii) the Lieutenant Governor in Council has approved the agreement; or
(e) the agreement is with a First Nation, and would not jeopardize the survival or recovery of the species specified in the agreement.
(3) Before entering into an agreement under this section, the minister must consider any ministerial statements.
(4) A party may not rely on an agreement under this section unless the party has complied with the terms of the agreement.
28 (1) The minister may issue a permit to a person authorizing an activity that would otherwise be prohibited by sections 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat].
(2) The minister may issue a permit under this section only if in the minister's opinion:
(a) the activity authorized by the permit is necessary for the protection of human health or safety;
(b) the main purpose of the activity authorized by the permit is to assist, and that the activity will assist, in the protection or recovery of the species specified in the permit;
(c) an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit, and
(ii) all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and
(iii) all reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit;
(d) the activity will result in a significant social or economic benefit to British Columbia, and
(i) the minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the activity on the species and to be independent of the person who would be authorized by the permit to engage in the activity,
(ii) the expert in sub-paragraph (i) has submitted a written report to the minister on the possible effects of the activity on the species, including an opinion on whether the activity will jeopardize the survival or recovery of the species in British Columbia,
(iii) the report has been published on the website of the minister's ministry;
(iv) the activity will not jeopardize the survival or recovery of the species in British Columbia,
(v) all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted,
(vi) all reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit, and
(vii) the Lieutenant Governor in Council has approved the issuance of the permit; or
(e) the permit is issued to a First Nation or a member of a First Nation and would not jeopardize the survival or recovery of the species specified in the agreement.
(3) Before issuing a permit under this section, the minister must consider any ministerial statements.
(4) A permit issued under this section may contain such conditions as the minister considers appropriate.
(5) Without limiting the generality of subsection (4), conditions in a permit may,
(a) limit the time during which the permit applies;
(b) limit the circumstances in which the permit applies;
(c) require the holder of the permit to take steps specified in the permit, and require that steps be taken before engaging in the activity authorized by the permit;
(d) require the holder of the permit to furnish security in an amount sufficient to ensure compliance with the permit;
(e) require the holder of the permit to ensure that the activity authorized by the permit, and the effects of the activity, are monitored in accordance with the permit;
(f) require the holder of the permit to rehabilitate habitat damaged or destroyed by the activity authorized by the permit, or to enhance another area so that it could become habitat suitable for the species specified in the permit; or
(g) require the holder of the permit to submit reports to the minister.
(6) An authorization described in subsection (1) does not apply unless the holder of the permit complies with all requirements imposed by the permit.
(7) A permit will expire after five years.
(8) The minister may delegate his or her powers under this section, in accordance with the limitations prescribed by regulation.
29 (1) The minister may with the consent of the holder of a permit
(a) amend the permit, if it was issued under section 28 (2) (a), (b) or (c),
(b) amend the permit, if it was issued under section 27 (2) (d) and
(i) the minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the activity on the species and to be independent of the person who would be authorized by the permit to engage in the activity on the possible effects of the amendment on the species specified in the permit,
(ii) the Lieutenant Governor in Council has approved the amendment, and
(iii) the minister is of the opinion that the amended permit could be authorized under section 27 (2) (d); or
(c) revoke the permit.
(2) The minister may delegate his or her powers under this section, in accordance with the limitations prescribed by regulation.
30 (1) The minister may without the consent of the holder of a permit amend or revoke the permit if,
(a) the minister is of the opinion that the revocation or amendment,
(i) is necessary to prevent jeopardizing the survival or recovery, in British Columbia, of the species specified in the permit, or
(ii) is necessary for the protection of human health or safety, and
(b) if the permit was approved by the Lieutenant Governor in Council, the amendment or revocation has been approved by the Lieutenant Governor in Council.
(2) Before amending or revoking a permit under this section the minister must serve the holder of the permit with notice of
(a) the amendments that the minister intends to make to the permit, or the ministers intent to revoke the permit,
(b) the reasons for amending or revoking the permit, and
(c) the permit holders right to appeal the decision under section 32.
(3) An amendment or revocation under this section comes into effect 15 days after the notice is served.
(4) The minister may delegate his or her powers under this section, in accordance with the limitations prescribed by regulation.
31 (1) In this section,
"authorizing official" means,
(a) with respect to an agreement that authorizes a person to engage in an activity, any federal, provincial or municipal official who entered into the agreement, or
(b) with respect to any other instrument, the person who issued, made or approved the instrument;
"instrument" means an agreement, permit, license, order, approved plan or other similar document
"issued" with respect to an instrument includes, entered into, made, or approved.
(2) An instrument authorizing a person to engage in an activity has the same effect as a permit issued under section 28 if,
(a) the instrument was issued under:
(i) an enactment of British Columbia;
(ii) an Act of Canada; or
(iii) a regulation passed pursuant to an Act of Canada.
(b) the authorizing official is either;
(i) the minister or his delegate; or
(ii) any other person provided that:
(i) the provision referred to in paragraph (a) is prescribed by regulation; and
(ii) the minister has entered into an agreement with that person to issue an instrument under the provision referred to in (a) for the purposes of this Act;
(c) before issuing the instrument the authorizing official considered any ministerial statements; and
(d) at the time the instrument was issued, in the opinion of the authorizing official:
(i) the activity authorized by the instrument was necessary for the protection of human health or safety,
(ii) the main purpose of the activity authorized by the instrument was to assist in the protection, survival, or recovery of the species specified in the instrument, and that it would have that effect,
(iii) an overall benefit to the species would be achieved within a reasonable time through requirements imposed by the instrument, and
(A) reasonable alternatives had been considered, including alternatives that would not adversely affect the species, and the best alternative was adopted, and
(B) all reasonable steps to minimize adverse effects on individual members of the species were required by the instrument.
(2) Subsections (1) does not apply to an instrument unless the person seeking to rely on the instrument has complied with any requirements imposed by the instrument.
32 (1) For the purposes of this section, "decision" means any of the following:
(a) specifying terms and conditions in an agreement or permit;
(b) amending or refusing to issue, amend or renew an agreement or permit;
(c) revoking or suspending a permit;
(d) determining to impose an administrative penalty;
(e) issuing an order sections 43 [restraining orders] or 44 [habitat protection orders].
(2) A person may appeal a decision under this Act to the appeal board.
(3) The time limit for commencing an appeal of a decision is 30 days after the date the decision being appealed is made.
(4) An appeal must be commenced by notice of appeal in accordance with the practice, procedure and forms prescribed by regulation under the Environmental Management Act.
(5) Subject to this Act, an appeal must be conducted in accordance with Division 1 [Environmental Appeal Board] of Part 8 of the Environmental Management Act and the regulations under that Part.
(6) The appeal board may conduct an appeal by way of a new hearing.
(7) On an appeal, the appeal board may
(a) send the matter back to the person who made the decision being appealed, with directions,
(b) confirm, reverse or vary the decision being appealed, or
(c) make any decision that the person whose decision is appealed could have made, and that the board considers appropriate in the circumstances.
(8) An appeal does not act as a stay or suspend the operation of the decision being appealed unless the appeal board orders otherwise.
33 An officer who is acting under this Act must produce identification upon request.
34 (1) An officer may enter and inspect real or personal property without a warrant for the purposes of determining whether there is compliance with provisions of
(a) an agreement, or
(b) a permit.
(2) This section does not authorize an officer to enter into a premises used as a private residence without the consent of the occupant.
35 (1) On information on oath there are reasonable grounds to believe that an inspection under this section would assist in determining whether there is compliance with sections 18 [Prohibition on killing], 19 [Prohibition on damage to habitat], or 20 [Laws of other jurisdictions] of this Act, a justice may issue a warrant authorizing an officer to enter and inspect real or personal property specified in the warrant, including a premises occupied as a private residence.
(2) Despite subsection (1) an officer may search real or personal property the conditions for obtaining a warrant exist but because of exigent circumstances it is not practical to obtain the warrant.
(3) For the purposes of subsection (3), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.
(4) Subsection 3 does not authorize an officer to enter into a premises used as a private residence without the consent of the occupant.
36 (1) In this section "vehicle" includes a vehicle as defined in the Motor Vehicle Act, an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act, a rail vehicle as defined in the Transport of Dangerous Goods Act and a vessel.
(2) An officer may stop a vehicle if the officer has reasonable grounds to believe that stopping the vehicle would assist in determining whether there is compliance with
(a) sections 18 [Prohibition on killing], 19 [Prohibition on damage to habitat], or 20 [Laws of other jurisdictions];
(b) an agreement;
(c) a permit; or
(d) an order.
(3) When requested or signalled to do so by an officer who is readily identifiable as an officer the operator of a motor vehicle must immediately:
(a) stop the vehicle,
(b) provide identification and the information that the officer considers necessary to determine whether this Act and the regulations are being complied with.
(4) For the purposes of carrying out an inspection under this section, an officer may
(a) require that any compartment of the vehicle or any container in or on the vehicle be opened, and
(b) exercise any of the powers under section 38 [conduct of inspection].
37 (1) On information on oath that there are reasonable grounds to believe that an offence under this act 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 an officer:
(a) to enter and search the real or personal property, including a premises occupied as a private residence, specified in the warrant,
(b) to take other actions as the justice considers appropriate in the circumstances and authorizes in the warrant.
(2) Despite subsection (1), an officer may search real or personal property without a warrant, if the conditions for obtaining a warrant exist but because of exigent circumstances it is not practicable to obtain the warrant.
(3) For the purposes of subsection (3), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.
(4) Subsection 3 does not authorize an officer to enter into a premises used as a private residence without the consent of the occupant.
38 (1) During an inspection or search authorized under this part, an officer may do any of the following:
(a) take with him or her the persons and equipment that may be necessary for the purposes of the inspection;
(b) inspect, analyze, measure, sample or test land, or any article, or substance located on or in the land, and premises, relevant to the inspection;
(c) use a computer system at the place that is being inspected to examine data, contained in or available to the computer system, related to the subject matter of the inspection;
(d) record or copy by any method any information related to the inspection;
(e) use copying equipment located at the place that is being inspected to make copies to take away;
(f) take photographs or make audio or video records;
(g) take away samples of land, articles, or substances;
(h) examine and take away copies of records relating to the inspection;
(e) require a person to answer any questions relevant to the investigation.
(2) A person must provide information requested by an officer that is relevant to the inspection under this part.
(3) An inspection under this part must occur at a time that is reasonable in view of any activity that is conducted on the land or in the place, unless a different time is authorized by warrant.
39 (1) An officer who is lawfully in a building or other place may, without a warrant, seize any thing that he or she has reasonable grounds to believe
(a) has been obtained by the commission of an offence under this Act;
(b) has been used in the commission of an offence under this Act;
(c) will afford evidence of the commission of an offence under this Act.
(2) If the enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.
40 (1) With respect to any thing seized under section 39 an officer must
(a) deliver the thing for safekeeping to a person prescribed the by the minister, or
(b) leave a thing that he or she seizes in the custody of the occupant of the building or other place in which it was seized.
(2) If any thing is left in the custody of an occupant under this section, the occupant must safeguard the thing until either
(a) an enforcement officer removes the thing,
(b) the occupant is notified by an enforcement officer that the investigation has concluded and that a charge will not be laid, or
(c) if a charge is laid the charge is finally disposed of by
(i) acquittal
(ii) dismissal, or
(iii) withdrawal.
(6) This section does not apply to a thing that is required to be carried before a justice by a search warrant issued under the Offence Act.
41 (1) Any thing seized and not forfeited under section 42 must be returned to the person from whom it was seized once
(a) the investigation is concluded if a charge is not laid,
(b) a charge is finally disposed of by:
(i) acquittal,
(ii) dismissal, or
(iii) withdrawal, or
(iv) conviction.
42 (1) An item seized under section 40 is forfeit to Her Majesty the Queen in Right of British Columbia if
(a) the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure,
(b) the item is a dead animal, plant, or other organism and in the opinion of the person who has custody of it,
(i) it is likely to spoil, or
(ii) it cannot properly be maintained in custody,
(c) the item was seized in connection with an investigation that led to a conviction under this Act and the item is
(i) an animal, plant, or other organism,
(ii) a cage, shelter, or other container, or
(iii) any other item ordered by a justice, or
(d) a justice has determined that possession of the thing seized is an offence under this Act.
(2) A justice may order an item forfeit in accordance with subsection (1)(d):
(a) whether or not a charge is laid in respect of the thing seized, and
(b) where a charge is laid with respect to that item even if the charge is disposed of by:
(i) acquittal;
(ii) dismissal;
(iii) or withdrawal.
(3) A thing forfeited under this section must be disposed of in accordance with the directions of the minister.
(4) If a thing is forfeit under this section, a person who claims an interest in the thing, may apply for an order directing that it be released to the person claiming the interest if
(a) the application is made within 30 days of the day the thing was seized;
(b) the item is not forfeit under subsection (1)(b);
(c) the applicant is not the person from whom the item was seized;
(d) the applicant was not convicted of a charge relating to the item seized.
(5) An order made under subsection (4) is subject to such conditions as may be imposed by the justice.
43 (1) An officer may make an order requiring a person to refrain from engaging in an activity if the officer has reasonable grounds to believe that the person is, has, or is about to engage in an activity that contravenes
(a) sections 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat],
(e) an agreement,
(f) a permit; or
(g) an order.
(2) The order must
(a) specify the provision that the enforcement officer believes is being, has been or is about to be contravened;
(b) briefly describe the nature of the contravention and its location; and
(c) state that the order may be appealed in accordance with section 32 of this Act.
44 (1) The minister may make an order described in subsection (2) if the minister has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that will destroy or seriously damage an important feature of the habitat of a species listed on the species at risk list as extirpated, endangered or threatened.
(2) An order issued under subsection (1) may do one or more of the following:
(a) require the person to stop engaging in or not to engage in the activity,
(b) prohibit the person from engaging in the activity except in accordance with the directions set out in the order; and
(c) direct the person to take the steps set out in the order to rehabilitate any area damaged or destroyed by the activity.
(3) The order must
(a) identify the species that the order relates to;
(b) describe the nature of the activity and the important feature of the area affected by the activity; and
(c) state that the order may be appealed in accordance with section 32 of this Act.
45 An order is effective on the date it is served, unless a later date is specified in the order.
46 (1) An officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act.
(2) If an enforcement officer arrests a person under this section, he or she must, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that
(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence; or
(b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court.
(3) Sections 38 to 40 of the Offence Act apply if the person arrested is not released under subsection (2).
47 An enforcement officer may use as much force as is necessary to exercise any of his or her powers under this Act.
48 An officer and any person authorized to accompany the officer may enter and pass through other private property for the purpose of reaching a land, building or other place that the officer is authorized to enter under this Act.
49 The minister may, for the purpose of investigations and other law enforcement activities under this Act, exempt an enforcement officer from the application of any provision of this Act, subject to such conditions as the minister considers necessary.
50 A person must not
(a) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or
(b) otherwise obstruct an enforcement officer who is acting under this Act.
Part Eight — Offences and Penalties
51 (1) A person is guilty of an offence if that person contravenes:
(a) section 18 [prohibition on killing], 19 [prohibition on damage to habitat], 20 [laws of other jurisdictions], 24 (2) [vehicle must stop], 26 (5) [occupant must safeguard seized item], 35 [obstructing an officer];
(b) any provision of an agreement,
(c) any provision of a permit; or
(d) any provision of an order.
(2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.
52 (1) If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation is a party to the offence if that person directed, authorized, assented to, acquiesced in, or participated in the commission of the offence.
(2) A person who is a party to an offence as defined in subsection (1) is guilty of the offence and is liable on conviction to the punishment provided for by the offence, whether or not the corporation has been prosecuted for the offence.
53 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that
(a) the offence was committed without the knowledge of the defendant; and
(b) the offence was committed without the consent of the defendant.
54 (1) A person convicted of a first offence under this Act is liable to
(a) in the case of a corporation, to a fine of not more than $1,000,000;
(b) in the case of any other person to
(i) a fine of not more than $250,000,
(ii) imprisonment for a term of not more than one year, or
(iii) to both, and
(2) A person convicted of a second or subsequent offence under this Act is liable to
(a) in the case of a corporation, to a fine of not more than $2,000,000, or
(b) in the case of any other person to
(i) a fine of not more than $500,000,
(ii) to imprisonment for a term of not more than one year, or
(iii) to both.
(2) Despite subsection (2), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants and other organisms that are involved.
(3) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine specified in subsection (1) or (2).
55 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, make an order against the person
(a) not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;
(b) to take any action that the court considers appropriate to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence;
(c) to pay the Government of British Columbia or any other person for all or part of any costs incurred to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence;
(d) to pay any person an amount for the purpose of assisting in the protection or recovery of the species in respect of which the offence was committed;
(e) to take such other steps as are specified in the order to comply with this Act; or
(f) to pay all or part of any expenses incurred by the minister or any other person with respect to the seizure, storage or disposition of any thing seized in connection with the offence.
(2) A person must comply with an order made under this section.
(3) If a person fails to comply with an order to take action under subsection (1) (b), the minister may take such action as he or she considers appropriate to implement the order, and any cost or expense incurred by the minister is a debt due to the Crown and may be recovered by the minister in a court of competent jurisdiction in an action against the person.
57 A prosecution for an offence under this Act must not be commenced more than five years after the offence was committed.
58 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by an officer as a true copy of a document or other thing inspected or seized under this Act or the Offence Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.
59 For greater certainty, nothing in this Act should be construed so as to abrogate or derogate from the protection provided for aboriginal or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.
60 (1) A program to be known as the Species at Risk in British Columbia Stewardship Program is hereby established.
(2) The purpose of the program is to promote stewardship activities that relate to species listed on the species at risk list, including
(a) the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat;
(b) the implementation of recovery strategies and management plans;
(c) public education and outreach programs relating to stewardship; and
(d) other activities to assist in the protection or recovery of species.
(3) As part of the program, the minister may make grants for the purpose described in subsection (2).
61 The minister may require the committee to make recommendations on any matter specified by the minister that relates to
(a) the role, in the administration of this Act, of the precautionary principle, which, as described in the United nations Convention on Biological Diversity, states that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat;
(b) the development and delivery of incentive programs and stewardship programs, including the Species at Risk in British Columbia Program;
(c) the development and promotion of best management practices related to the protection, survival, and recovery of species;
(d) the development and delivery of public education and outreach programs;
(e) the preparation and implementation of recovery strategies and management plans under sections 11 and 12;
(f) the assembly of scientific knowledge, including community knowledge and aboriginal traditional knowledge, that should be given to the committee to assist it in the classification of species;
(g) the role of agreements and permits under this Act in assisting in the protection and recovery of species;
(h) approaches that may be used under this Act to promote sustainable social and economic activities that assist in the protection, survival, or recovery of species;
(i) the regulations made under this Act; or
(j) such other matters as the minister may specify.
62 (1) The minister may establish and charge
(a) fees related to entering into agreements or issuing permits under this Act; and
(b) fees for the use of facilities, equipment, services or other things provided by the Ministry relating to species listed on the species at risk list.
(2) The minister may direct the refund of all or part of a fee if, in the minister's opinion, it is equitable to do so.
(3) A person must pay any fees charged by the minister under this Act.
(4) Unpaid fees under this Act are a debt owed to the Crown and are recoverable in a court of competent jurisdiction.
63 The minister must ensure that the following information is made available to the public:
(a) general information about this Act and the regulations;
(b) the most recent information that the minister has received from the committee;
(c) all reports submitted to the minister by the committee;
(d) all recovery strategies, management plans, and ministerial statements;
(e) general information about the implementation of recovery strategies and management plans;
(f) general information about agreements and permits; and
(g) general information about the enforcement of this Act.
64 Nothing in this Act requires the minister to make information available to the public or otherwise disclose information if doing so could reasonably be expected to lead to a contravention of section 18 [prohibition on killing] or 19 [prohibition on damage to habitat].
65 The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 1 of the Freedom of Information and Protection of Privacy Act.
66 (1) This Act is binding on the Crown.
(2) Nothing in this Act prohibits any activity engaged in by the Ministry to assist in the protection or recovery of species listed on the species at risk list.
67 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing an area as the habitat of a species that is listed on the species at risk list for the purpose of the definition of "habitat" in section 1;
(b) governing the preparation of recovery strategies and management plans;
(c) prescribing any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations;
(d) prescribing fees relating to the acquisition of permits;
Part Eleven — Consequential Amendments
68 (1) Section 11 of the Environmental Assessment Act, SBC 2002, c. 43, is amended by adding the following subsection:
(2.1) The potential effects to be considered in the assessment must include impacts on species listed under the Species at Risk Protection Act and on their habitat.
(2) Section 14 of the Environmental Assessment Act, SBC 2002, c. 43, is amended by adding the following subsection:
(2.1) The potential effects to be considered in the assessment must include impacts on species listed under the Species at Risk Protection Act and on their habitat.
As host to 76 per cent of Canada's bird species, 70 per cent of its freshwater fish species, and 60 per cent of its conifer species, British Columbia is Canada's most biodiverse province. Recognizing the rich biological diversity in the province, this Act ensures the protection of British Columbia's native wildlife species and their habitat. Currently, 1,600 species are at risk in British Columbia and this Act seeks to reverse this trend and put in place strong legislation to protect endangered species across the province. The purposes of this Act are to identify species at risk based on the best available scientific information including information obtained from community knowlege and aboriginal traditional knowledge; to protect species that are at risk and their habitats, and to work towards the survival and recovery of species that are at risk. Furthermore, this Act will promote stewardship activities to assist in the protection, survival, and recovery of species that are at risk.