Bill 49 – 2012: Protected Areas of British Columbia Amendment Act, 2012

HONOURABLE TERRY LAKE
MINISTER OF ENVIRONMENT

BILL 49 — 2012

PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT, 2012

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

SECTION 1: [Protected Areas of British Columbia Act, Schedule C]

replaces the metes and bounds descriptions of Cultus Lake Park and Main Lake Park with official plan descriptions and adds land to both parks;
repeals the description of E. C. Manning Park from Schedule C, as it is added to Schedule D by this Bill;
amends the description of Kakwa Park to add part of a park that was previously established by order in council;
amends the descriptions of Porteau Cove Park and Skagit Valley Park to add land;
changes the name of Sandy Island Marine Park.

1 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended

(a) by repealing the descriptions of Cultus Lake Park, E. C. Manning Park and Main Lake Park and substituting the following:

CULTUS LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 2, New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1999; except (1) a 50 foot (15.24 metre) right of way centred on Lindell Avenue as shown on Subdivision Plan 8335, Section 15, Township 22; (2) all land on which a provincial public undertaking, as defined in the Transportation Act, related to Columbia Valley Road is located; and (3) a 20 metre right of way centred on Edmeston Road.

The whole park containing approximately 2 729 hectares.

MAIN LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Sayward District on Quadra Island and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1913; except (1) the Crown land that is the subject of the Crown Granted Mineral Claim, District Lot 1358; (2) the Crown land that is the subject of the Crown Granted Mineral Claim, District Lot 1370; and (3) that part below the natural boundary of Okisollo Channel.

The whole park containing approximately 3 530 hectares. ,

(b) in the description of Kakwa Park

(i) by striking out "Plan 8 Tube 1813." and substituting "Plan 1 Tube 1981.", and

(ii) by striking out "170 890 hectares." and substituting "171 973 hectares.",

(i) by striking out "; except the upland and foreshore shown on Ministry of Transportation Explanatory Plan No. R10447-310, on file in the Ministry of Transportation Regional Office, New Westminster", and

(ii) by striking out "55 hectares (4 hectares of upland and 51 hectares of foreshore)." and substituting "56 hectares (4 hectares of upland and 52 hectares of foreshore).",

(d) by repealing the name of Sandy Island Marine Park and substituting the following:

JÁJI7EM and KW'ULH MARINE PARK [a.k.a. Sandy Island Marine Park] , and

(e) in the description of Skagit Valley Park

(i) by striking out "(1) District Lot 867 (containing 16.1870 hectares); (2) Skagit River Forest Ecological Reserve (containing approximately 75.5 hectares); (3) Ross Lake Ecological Reserve (containing approximately 61.6 hectares); (4) Skagit River Cottonwoods Ecological Reserve (containing approximately 90.7 hectares); and (5) Skagit River Rhododendrons Ecological Reserve (containing approximately 64.9 hectares)." and substituting "(1) Skagit River Forest Ecological Reserve; (2) Ross Lake Ecological Reserve; (3) Skagit River Cottonwoods Ecological Reserve; and (4) Skagit River Rhododendrons Ecological Reserve.", and

(ii) by striking out "27 948 hectares." and substituting "27 964 hectares."

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

changes the name of Atlin Park and replaces the description to add land;
repeals the descriptions of Christie Memorial Park and Emory Creek Park.

2 Schedule C is amended by repealing the descriptions of Atlin Park, Christie Memorial Park and Emory Creek Park and substituting the following:

ATLIN/A TÉIX'GI AAN TLEIN PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 2005; except the land subject to the licence of occupation for a communication site identified in file 6408080, Document No. 635852, on file at the Ministry of Forests, Lands and Natural Resource Operations, Smithers.

The whole park containing approximately 229 894 hectares.

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

re-enacts the description of E. C. Manning Park, repealed from Schedule C by this Bill, and amends the description to add land;
re-enacts the description of Gowlland Tod Park to add land.

3 Schedule D is amended

(a) by adding the following description:

E. C. MANNING PARK

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

Firstly: as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1813; except Highway No. 3 as shown on Land Title Office Plans H150, H151, H157, H158, H215, H216, H217, H218, H219 and H17630, all on deposit in the Kamloops Land Title Office, Ministry of Transportation and Infrastructure's Project Drawings C1776 and C3914 and Highway Exchange Plan as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 1944.

Secondly: commencing at the point of confluence between the middle threads of Coates Creek and Holding Creek, said point of confluence lying 3 800 metres west and 600 metres north, more or less, from the summit of Granite Mountain;

thence in a general northwesterly direction along the middle thread of Holding Creek to the point of confluence with the middle thread of Tulameen River;

thence in a straight line on a bearing of 278º a distance of 1 550 metres, more or less, to the height of land forming the northerly boundary of the watershed of an unnamed creek flowing easterly into the Tulameen River;

thence in a general westerly direction along said unnamed watershed boundary to the southeasterly boundary of the watershed of Podunk Creek;

thence in a general southwesterly direction along said southeasterly boundary of the watershed of Podunk Creek to an unnamed peak at UTM Zone 10 North 5463192 metres+/- East 643502 metres+/-, being also on the northerly boundary of E. C. Manning Park as shown on the Official Plan deposited in the Crown Land Registry as Plan 6 Tube 1813;

thence in general northeasterly, southerly, southeasterly and easterly directions along the northerly boundary of E. C. Manning Park as shown on the said Official Plan to a point thereon, said point lying on the easterly boundary of the watershed of Skaist River;

thence in a general northerly direction along the easterly boundaries of the watersheds of Skaist River and Tulameen River to the summit of Granite Mountain;

thence northwesterly in a straight line to the point of confluence between the middle threads of Coates Creek and Holding Creek, being also the point of commencement.

The whole park containing approximately 83 670 hectares. , and

(b) by repealing the description of Gowlland Tod Park and substituting the following:

GOWLLAND TOD PARK

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

Firstly: as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1978.

Secondly: Lot A, Section 38, Highland District, Plan VIP86069.

The whole park containing approximately 1 280 hectares (955 hectares of upland and 325 hectares of foreshore).

SECTION 4: [Protected Areas of British Columbia Act, Schedule D] re-enacts the description of Stawamus Chief Park to both add and remove land.

4 Schedule D is amended by repealing the description of Stawamus Chief Park and substituting the following:

STAWAMUS CHIEF PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 1, New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 2011.

The whole park containing approximately 530 hectares.

SECTION 5: [Protected Areas of British Columbia Act, Schedule E]

amends the descriptions of the following 8 Haida Gwaii conservancies to add foreshore areas to the conservancies: Daawuuxusda Conservancy, Damaxyaa Conservancy, Duu Guusd Conservancy, Kamdis Conservancy, Kunxalas Conservancy, K'uuna Gwaay Conservancy, Nang Xaldangaas Conservancy and Yaaguun Gandlaay Conservancy;
enacts the following 4 new conservancies in the Atlin Taku Land Use Plan area: Golden Gate/Xáat Yádi Aani Conservancy, Indian Lake — Hitchcock Creek/Át Ch'îni Shà Conservancy, Mount Minto/K'iyán Conservancy and Tutshi Lake/T'ooch' Áayi Conservancy.

5 Schedule E is amended

(a) in the description of Daawuuxusda Conservancy

(i) by striking out "Plan 1 Tube 1993; except (1) a 30 metre right of way centred on the Ministry of Forests and Range permit road R06086-174; (2) a 30 metre right of way centred on the Ministry of Forests and Range permit road R06086-175; (3) Mineral Claim "Tasu 3" 501953; (4) Mineral Claim "Tasu 5" 501998; and (5) that part below the natural boundary of the sea." and substituting "Plan 6 Tube 1994; except a 30 metre right of way centred on the Ministry of Forests and Range permit road R06086-174.", and

(ii) by striking out "70 293 hectares." and substituting "116 275 hectares (70 490 hectares of upland and 45 785 hectares of foreshore).",

(b) in the description of Damaxyaa Conservancy

(i) by striking out "Plan 8 Tube 1993;" and substituting "Plan 7 Tube 1994;",

(ii) by striking out "; and (6) that part below the natural boundary of the sea", and

(iii) by striking out "822 hectares." and substituting "829 hectares (822 hectares of upland and 7 hectares of foreshore).",

(i) by striking out "Plan 4 Tube 1993;" and substituting "Plan 4 Tube 2004;",

(ii) by striking out "(17) Forest Licence A75084, Cutting Permit 806, Blocks REN015 and REN016A; (18) Forest Licence A75084, Cutting Permit 807, Block GRE338; (19) Forest Licence A75084, Cutting Permit 808, Blocks REN009, REN013 and REN015A; and (20) that part below the natural boundary of the sea." and substituting "(17) Forest Licence A75084, Cutting Permit 806, Block REN016A; (18) Forest Licence A75084, Cutting Permit 808, Block REN009; (19) Commercial Lease 704214, District Lot 3090, covering foreshore, being the bed of Henslung Bay, containing approximately 2.33 hectares, on Land Act file 0104419 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte; (20) Commercial Recreation Lease 240935, District Lot 3073, containing approximately 0.39 hectares, on Land Act file 6405327 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte; (21) Commercial Lease 113981, District Lot 3070, containing approximately 0.4 hectares, on Land Act file 0302974 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte; and (22) Commercial Lease 240940, covering foreshore as shown on the Legal Description Schedule of the Lease, containing approximately 2 hectares, on Land Act file 0402150 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte.", and

(iii) by striking out "143 496 hectares." and substituting "227 712 hectares (143 539 hectares of upland and 84 173 hectares of foreshore).",

(d) by adding the following descriptions:

GOLDEN GATE/XÁAT YÁDI AANI CONSERVANCY

The whole conservancy containing approximately 5 981 hectares.

INDIAN LAKE — HITCHCOCK CREEK/ÁT CH'ÎNI SHÀ CONSERVANCY

The whole conservancy containing approximately 52 784 hectares.

MOUNT MINTO/K'IYÁN CONSERVANCY

The whole conservancy containing approximately 5 657 hectares.

TUTSHI LAKE/T'OOCH' ÁAYI CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 2009; except (1) Mineral Claim 941309; and (2) that portion of Mineral Claim 941287 lying outside the boundary of the mineral reserve established as site number 1005122 under B.C. Reg. 280/2007.

The whole conservancy containing approximately 19 640 hectares. ,

(e) in the description of Kamdis Conservancy

(i) by striking out "Plan 2 Tube 1993;" and substituting "Plan 5 Tube 2004;",

(ii) by striking out "and (2) that part below the natural boundary of the sea." and substituting "(2) Industrial Licence of Occupation 635680, Kamdis Slough, containing approximately 0.05 hectares, on Land Act file 6406695 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte; and (3) that part of District Lot 1825, Transportation Inclusion Roadway 634910, containing approximately 0.236 hectares, on Land Act file 6406072 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte.", and

(iii) by striking out "1 896 hectares." and substituting "2 722 hectares (1 896 hectares of upland and 826 hectares of foreshore).",

(f) in the description of Kunxalas Conservancy

(i) by striking out "Plan 3 Tube 1993;" and substituting "Plan 6 Tube 2004;",

(ii) by striking out "(3) Mineral Claim "DK" 520125; (4) Mineral Claim "DK2" 520126; (5) Mineral Claim "4516022212485018" 520129; (6) Mineral Claim "DK5" 520131; and (7) that part below the natural boundary of the sea." and substituting "and (3) Mineral Claim 645847.", and

(iii) by striking out "3 344 hectares." and substituting "15 718 hectares (3 360 hectares of upland and 12 358 hectares of foreshore).",

(g) in the description of K'uuna Gwaay Conservancy

(i) by striking out "Plan 4 Tube 1994;" and substituting "Plan 2 Tube 2005;",

(ii) by striking out "(4) that part below the natural boundary of the sea." and substituting "(4) District Lot 2786.", and

(iii) by striking out "1 756 hectares." and substituting "15 259 hectares (2 104 hectares of upland and 13 155 hectares of foreshore).",

(h) in the description of Nang Xaldangaas Conservancy

(i) by striking out "Plan 6 Tube 1993; except (1) "Yan" Indian Reserve No. 7; (2) "Meagwan" Indian Reserve No. 8; (3) "Saouchten" Indian Reserve No. 18, District Lot 174; and (4) that part below the natural boundary of the sea." and substituting "Plan 1 Tube 2005; except (1) Yan Indian Reserve 7; (2) Meagwan Indian Reserve 8; and (3) Saouchten Indian Reserve 18, District Lot 174.", and

(ii) by striking out "6 897 hectares." and substituting "16 695 hectares (6 897 hectares of upland and 9 798 hectares of foreshore).", and

(i) in the description of Yaaguun Gandlaay Conservancy

(i) by striking out "Plan 11 Tube 1993;" and substituting "Plan 4 Tube 2005;",

(ii) by striking out "(4) a 30 metre road right of way centred on the Ministry of Forests and Range permit roads R13350-395, 402 and 403; (5) Mineral Claim "GW13" 324499; and (6) Mineral Claim "GW 10" 334641." and substituting "(4) a 30 metre right of way centred on the Forest Act permit road R13350-395 to junction with the Forest Act permit road R13350-402 at UTM Zone 8 North 5941190 metres+/- East 683083 metres+/-; (5) a 30 metre right of way centred on the Forest Act permit road R13350-402 between UTM Zone 8 North 5941190 metres+/- East 683083 metres+/- and UTM Zone 8 North 5940700 metres+/- East 683645 metres+/-; and (6) a 30 metre right of way centred on Forest Act permit road R13350-403.", and

(iii) by striking out "2 450 hectares." and substituting "2 689 hectares (2 457 hectares of upland and 232 hectares of foreshore)."

SECTION 6: [Protected Areas of British Columbia Act, Schedule E] enacts the following 3 new conservancies in the Atlin Taku Land Use Plan area: Monarch Mountain/A Xéegi Deiyi Conservancy, Nakina — Inklin Rivers/Yáwu Yaa Conservancy and Taku River/T'akú Téix' Conservancy.

6 Schedule E is amended by adding the following descriptions:

MONARCH MOUNTAIN/A XÉEGI DEIYI CONSERVANCY

The whole conservancy containing approximately 424 hectares.

NAKINA — INKLIN RIVERS/YÁWU YAA CONSERVANCY

The whole conservancy containing approximately 167 259 hectares.

TAKU RIVER/T'AKÚ TÉIX' CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 13 Tube 2004; except (1) Mineral Claim 502815; (2) Mineral Claim 513821; (3) Mineral Claim 532180; and (4) that portion of Mineral Claim 846867 lying outside the boundary of the mineral reserve established as site number 1005143 under B.C. Reg. 280/2007.

The whole conservancy containing approximately 80 465 hectares.

SECTION 7: [Protected Areas of British Columbia Act, Schedule F]

enacts a new conservancy, Nakini — Inklin Rivers (Kuthai Area)/Yáwu Yaa Conservancy, in the Atlin Taku Land Use Plan area;
amends the description of Tlall Conservancy to add foreshore area.

7 Schedule F is amended

(a) by adding the following description:

NAKINA — INKLIN RIVERS (KUTHAI AREA)/YÁWU YAA CONSERVANCY

The whole conservancy containing approximately 26 047 hectares. , and

(b) in the description of Tlall Conservancy

(i) by striking out "Plan 10 Tube 1993;" and substituting "Plan 3 Tube 2005;",

(ii) by striking out "(3) a 30 metre right of way centred on the non-status road north of Lawn Creek through District Lots 266 and 546; and (4) that part below the natural boundary of the sea." and substituting "and (3) a 30 metre right of way centred on the non-status road north of Lawn Creek through District Lot 257.", and

(iii) by striking out "16 206 hectares." and substituting "16 231 hectares (16 209 hectares of upland and 22 hectares of foreshore)."

SECTION 8: [Protected Areas of British Columbia Act, Schedule F]

amends the description of Dzawadi/Upper Klinaklini River Conservancy to remove land;
enacts the following 2 new conservancies in the Atlin Taku Land Use Plan area: Upper Gladys River/Watsíx Deiyi Conservancy and Willison Creek — Nelson Lake/Sít' Héeni Conservancy.

8 Schedule F is amended

(a) in the description of Dzawadi/Upper Klinaklini River Conservancy

(i) by striking out "Plan 1 Tube 1970." and substituting "Plan 1 Tube 2006.", and

(ii) by striking out "39 303 hectares." and substituting "39 241 hectares.", and

(b) by adding the following descriptions:

UPPER GLADYS RIVER/WATSÍX DEIYI CONSERVANCY

The whole conservancy containing approximately 31 103 hectares.

WILLISON CREEK — NELSON LAKE/SÍT' HÉENI CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 2010; except those portions of Mineral Claim 829202 and Mineral Claim 829222 lying outside the boundary of the mineral reserve established as site number 1005127 under B.C. Reg. 280/2007.

The whole conservancy containing approximately 10 300 hectares.

SECTION 9: [Rescission of protected areas and wildlife management areas] rescinds

the establishment by order in council of two recreation areas, the areas of which are added to parks by this Bill,
the re-establishment by order in council of a recreation area, part of the area of which is being added to a park by this Bill,
the extension by order in council of a park that is added to the park by this Bill, and
the designation by regulation of 3 wildlife management areas, the areas of which are added to conservancies by this Bill.

Rescission of protected areas and wildlife management areas

9 The following are rescinded:

(a) the establishment of Atlin Recreation Area by Order in Council 1207/73;

(b) the re-establishment of Cascade Recreation Area by Order in Council 2325/87;

(d) the establishment of Porteau Cove Recreation Area by Order in Council 726/2004;

(e) the designation under B.C. Reg. 319/88 of the following wildlife management areas:

(i) the Skedans Islands;

(ii) the Limestone Islands;

(iii) Reef Island.

Commencement

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

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Section 2	By regulation of the Lieutenant Governor in Council
3	Section 4	By regulation of the Lieutenant Governor in Council
4	Section 6	By regulation of the Lieutenant Governor in Council
5	Section 8	By regulation of the Lieutenant Governor in Council

Explanatory Notes