HONOURABLE MARY POLAK
MINISTER OF ENVIRONMENT

BILL 11 — 2014

PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT, 2014

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 A] decreases the size of Tow Hill Ecological Reserve.

1 Schedule A of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the description of Tow Hill Ecological Reserve by striking out "Plan 4 Tube 1912;" and substituting "Plan 14 Tube 2007;".

SECTION 2: [Protected Areas of British Columbia Act, Schedule C] decreases the size of Elk Falls Park.

2 Schedule C is amended in the description of Elk Falls Park

(a) by striking out "Plan 15 Tube 1996;" and substituting "Plan 14 Tube 2008;",

(b) by striking out "(3) the powerhouse access road right of way as shown on Plan 557RW; and (4) the proposed Elk Falls Protected Area as shown on Plan 15 Tube 1997 on file at BC Parks, Victoria." and substituting "(3) the powerhouse access road right of way shown as District Lot 1725, Plan EPC1010; and (4) the proposed Elk Falls Protected Area as shown on Plan 11 Tube 2009 on file at BC Parks, Victoria.", and

(c) by striking out "1 065 hectares." and substituting "1 055 hectares."

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

3 Schedule C is amended

(a) by repealing the description of Kleanza Creek Park and substituting the following:

KLEANZA CREEK PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 5, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 2010; except (1) Yellowhead Highway 16 Plan PRP5253 as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 860; (2) Old Highway 16 Plan PRP1558 as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 322; (3) Right of Way Plan 6414 as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 972; (4) Right of Way Plan 7156 as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 492, known as Bornite Mountain Road; (5) Gold Creek access road; and (6) Lots 1 and 2 as shown on Plan Showing Proposed Lands to Delete From Kleanza Creek Park, BC, for the Benefit of Adjacent Kitselas IR 1, BC, dated December 12, 2013 on file at BC Parks, Victoria.

The whole park containing approximately 216 hectares. ,

(b) in the description of McDonald Creek Park by striking out "Plan 1037 lying east of Can Cel Logging Road as shown on Ministry of Forests' File 0274815." and substituting "Plan 1037 lying east of Can Cel Logging Road as shown on Ministry of Forests' File 0274815; except that part of Lot 100 identified as "Easement Area" as shown on Plan EPP22925.",

(c) in the description of Mount Richardson Park

(i) by striking out "Plan 33 Tube 1768." and substituting "Plan 33 Tube 1768; except Licence of Occupation 111141, containing approximately 0.75 hectares on Land Act file 2404948 at the Ministry of Forests, Lands and Natural Resource Operations, Nanaimo.", and

(ii) by striking out "1 001 hectares." and substituting "1  000 hectares.", and

(d) by repealing the description of Syringa Park and substituting the following:

SYRINGA PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kootenay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 2006; except (1) Broadwater Road as shown on the Official Plan deposited in the Crown Land Registry as Plan 18 Tube 564 and as also shown on Plan 8924 deposited in the Nelson Land Title Office; and (2) a 30 metre right of way centred on FSR 0022-01, Deer Creek.

The whole park containing approximately 4 499 hectares.

SECTION 4: [Protected Areas of British Columbia Act, Schedule D]

4 Schedule D is amended

(a) by repealing the name of Indian Arm Park and substituting the following:

SAY NUTH KHAW YUM PARK [a.k.a. Indian Arm Park] , and

(b) in the description of Paul Lake Park

(i) by striking out "Plan 12 Tube 1784." and substituting "Plan 12 Tube 2006.", and

(ii) by striking out "727 hectares (662 hectares of upland and 65 hectares of foreshore)." and substituting "728 hectares."

SECTION 5: [Protected Areas of British Columbia Act, Schedule D] corrects an arithmetical error and decreases the size of Say Nuth Khaw Yum Park [a.k.a. Indian Arm Park].

5 Schedule D is amended in the description of Say Nuth Khaw Yum Park [a.k.a. Indian Arm Park]

(a) by striking out "Plan 2 Tube 1978; except land and water administered by the Vancouver Port Authority." and substituting "Plan 8 Tube 2010.", and

(b) by striking out "6 688 hectares." and substituting "6 689 hectares."

SECTION 6: [Protected Areas of British Columbia Act, Schedule E]

6 Schedule E is amended

(a) in the description of Indian Lake — Hitchcock Creek/¡t Ch'nî Shà Conservancy

(i) by striking out "Plan 11 Tube 2006." and substituting "Plan 12 Tube 2009.", and

(ii) by striking out "52 784 hectares." and substituting "60 619 hectares.",

(b) in the description of Kamdis Conservancy by striking out "(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 substituting "(2) that part of District Lot 1825, Licence of Occupation 635679, containing approximately 0.06 hectares, on Land Act file 6406761 at the Ministry of Forests, Lands and Natural Resource Operations, Queen Charlotte;",

(c) by repealing the name of Mahpahḱum-Ahkwuná/Deserters-Walker Conservancy and substituting the following:

MAHPAHKUM-AHKWUNA/DESERTERS-WALKER CONSERVANCY ,

(d) in the description of Mahpahkum-Ahkwuna/Deserters-Walker Conservancy

(i) by striking out "Plan 9 Tube 1963; except (1) Block A, District Lot 1830, Range 1, Coast District; (2) "Mahpahkum" Indian Reserve No. 4; and (3) that part below the natural boundary of the sea." and substituting "Plan 14 Tube 2005; except (1) Mahpahkum Indian Reserve 4; and (2) Licence of Occupation 109973, containing approximately 0.27 hectares, on Land Act file 141270 at the Ministry of Forests, Lands and Natural Resource Operations, Nanaimo.", and

(ii) by striking out "931 hectares." and substituting "7 369 hectares (931 hectares of upland and 6 438 hectares of foreshore).",

(e) in the description of Qwiquallaaq/Boat Bay Conservancy

(i) by striking out "(1) District Lot 1751; (2) a 30 metre right of way centred on Road A as shown and identified on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1967; and (3) that part below the natural boundary of the sea." and substituting "a 30 metre right of way centred on Road A as shown and identified on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 1967.", and

(ii) by striking out "639 hectares." and substituting "1 375 hectares (639 hectares of upland and 736 hectares of foreshore).",

(f) by repealing the name of Ugwiwey/Cape Caution Conservancy and substituting the following:

UGWIWA'/CAPE CAUTION CONSERVANCY , and

(g) in the description of Ugwiwa'/Cape Caution Conservancy

(i) by striking out "Plan 9 Tube 1986; except (1) "Nathlegalis" Indian Reserve No. 3, District Lots 726, 727, 728, 729, 730 and 731; (2) "Saagoombahlah" Indian Reserve No. 6; (3) "Khazisela" Indian Reserve No. 7; (4) District Lot 1216; (5) a 30 metre right of way centred on Ministry of Forests and Range road Greaves Island FSR 10335 (MB2000); and (6) that part below the natural boundary of the sea." and substituting "Plan 11 Tube 2008; except (1) Nathlegalis Indian Reserve 3, District Lots 726, 727, 728, 729, 730 and 731; (2) Saagoombahlah Indian Reserve 6; (3) Khazisela Indian Reserve 7; (4) a 30 metre right of way centred on FSR 10335 (MB2000), Greaves Island; and (5) all those islands and islets and Ann Island Indian Reserve 7 within Area A, as Area A is shown and identified on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 2008.", and

(ii) by striking out "10 241 hectares." and substituting "25 685 hectares (10 241 hectares of upland and 15 444 hectares of foreshore)."

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

7 Schedule F is amended

(a) by repealing the name of Ugwiwey/Cape Caution — Blunden Bay Conservancy and substituting the following:

UGWIWA'/CAPE CAUTIONBLUNDEN BAY CONSERVANCY ,

(b) in the description of Ugwiwa'/Cape Caution — Blunden Bay Conservancy

(i) by striking out "Plan 1 Tube 1967; except that part below the natural boundary of the sea." and substituting "Plan 10 Tube 2008.", and

(ii) by striking out "237 hectares." and substituting "331 hectares (237 hectares of upland and 94 hectares of foreshore).", and

(c) in the description of Upper Gladys River/Watsíx Deiyi Conservancy

(i) by striking out "Plan 13 Tube 2005." and substituting "Plan 12 Tube 2008.", and

(ii) by striking out "31 103 hectares." and substituting "56 358 hectares."

SECTION 8: [Rescission of protected areas] rescinds

Rescission of protected areas

8  The following are rescinded:

(a) the establishment of Paul Lake Recreation Area by Order in Council 1306/95;

(b) the re-establishment of Syringa Creek Park by Order in Council 2222/82.

Commencement

9  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 Sections 1 and 2 By regulation of the Lieutenant Governor in Council
3 Section 5 By regulation of the Lieutenant Governor in Council

 
Explanatory Notes

SECTION 1: [Protected Areas of British Columbia Act, Schedule A] decreases the size of Tow Hill Ecological Reserve.

SECTION 2: [Protected Areas of British Columbia Act, Schedule C] decreases the size of Elk Falls Park.

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

SECTION 4: [Protected Areas of British Columbia Act, Schedule D]

SECTION 5: [Protected Areas of British Columbia Act, Schedule D] corrects an arithmetical error and decreases the size of Say Nuth Khaw Yum Park [a.k.a. Indian Arm Park].

SECTION 6: [Protected Areas of British Columbia Act, Schedule E]

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

SECTION 8: [Rescission of protected areas] rescinds