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| B.C. Reg. 180/2007 O.C. 382/2007 | Deposited June 20, 2007 |
[Last amended July 15, 2024 by B.C. Reg. 219/2024]
| Contents | ||
|---|---|---|
| 1 | Definitions | |
| 2 | Interpretation of the Schedules | |
| 3 | Tenures | |
| 4 | Tenure authorities | |
| 5 | Prescribed information | |
| Schedule 1 | ||
| Schedule 2 | ||
1 In this regulation:
"Act" means the Land Act;
"specified enactment" has the same meaning as in the Energy Resource Activities Act.
[am. B.C. Regs. 269/2010, Sch., s. 9; 187/2023, Sch., s. 12.]
2 Except where a contrary intention appears, a reference in Column 2 of Schedule 1 or Schedule 2 to a minister is a reference to the minister charged with the administration of the enactment referred to in Column 1 of the Schedule for that item.
3 For the purposes of the definition of "tenure" in section 7.1 of the Act,
(a) the instruments listed in Column 1 of Schedule 1 are prescribed, and
(b) the designations or other statuses listed in Column 1 of Schedule 2 are prescribed.
4 For the purposes of the definition of "tenure authority" in section 7.1 of the Act, the following persons are prescribed:
(a) a person listed in Column 2 of Schedule 1 opposite a prescribed instrument set out in Column 1 of Schedule 1 in relation to the tenure granted or otherwise established by that prescribed instrument;
(b) a person listed in Column 2 of Schedule 2 opposite a prescribed designation or other status set out in Column 1 of Schedule 2 in relation to the tenure that is that prescribed designation or other status;
(c) the British Columbia Energy Regulator, in relation to a tenure that is granted or established under a prescribed instrument set out in Column 1 of Schedule 1, if that instrument is granted, entered into, issued or otherwise made under a specified enactment by the British Columbia Energy Regulator.
[am. B.C. Reg. 187/2023, Sch., s. 13.]
5 For the purposes of section 7.2 (2) of the Act, the following information is prescribed in respect of a tenure:
(a) the name of the individual, ministry or organization that
(i) issued the instrument referred to in section 3 (a) of this regulation, or
(ii) gave, conferred, made or otherwise established the designation or other status referred to in section 3 (b);
(b) any file number assigned to the tenure by the individual, ministry or organization referred to in paragraph (a);
(c) whether the instrument referred to in section 3 (a) or the designation or other status referred to in section 3 (b) is valid, suspended, cancelled, expired or in any other state;
(d) if different from the individual, ministry or organization referred to in paragraph (a), the name of the individual, ministry or organization that is responsible for administrative matters in respect of the tenure;
(e) if applicable, the name of the tenure holder;
(f) the location of the Crown land to which the tenure relates.
[am. B.C. Regs. 269/2010, Sch., s. 10; 41/2016, s. 17; 158/2023, s. (f); 187/2023, Sch., s. 6.]
| Item | Column 1 Prescribed Instruments (Tenures) | Column 2 Prescribed Persons (Tenure Authorities) |
| 1 | a lease issued under the Coal Act | minister |
| 2 | a licence issued under the Coal Act | minister |
| 3 | an authorization under section 52 [use by government employees and agents] of the Forest Act | regional manager, timber sales manager or district manager |
| 4 | a Christmas tree permit entered into under the Forest Act | regional manager, district manager or authorized forest officer |
| 5 | a community forest agreement entered into under the Forest Act | district manager, regional manager or the minister |
| 6 | Repealed. [B.C. Reg. 158/2023, s. (f).] | |
| 7 | a forest licence entered into under the Forest Act | district manager, regional manager or the minister |
| 8 | a forestry licence to cut entered into under the Forest Act | district manager, regional manager, timber sales manager or authorized forest officer |
| 9 | a free use permit entered into under the Forest Act | district manager or authorized forest officer |
| 10 | a master licence to cut entered into under the Forest Act | regional manager or district manager |
| 11 | an occupant licence to cut entered into under the Forest Act | regional manager or district manager |
| 12 | a pulpwood agreement entered into under the Forest Act | minister |
| 13 | a road permit granted under of the Forest Act | district manager or timber sales manager |
| 14 | a road use permit granted under section 115 or 117 of the Forest Act | district manager |
| 15 | a timber licence entered into under the Forest Act | regional manager |
| 16 | a timber sale licence entered into under the Forest Act | timber sales manager |
| 17 | a tree farm licence entered into under the Forest Act | minister |
| 18 | a woodlot licence entered into under the Forest Act | district manager or regional manager |
| 19 | an authorization granted under section 57 [trail or recreation facility construction] of the Forest and Range Practices Act | minister |
| 20 | a special use permit issued under the Provincial Forest Use Regulation [Forest Practices Code of British Columbia] | district manager |
| 21 | a lease issued under the Geothermal Resources Act | minister |
| 22 | a permit issued under the Geothermal Resources Act | minister |
| 23 | a Crown grant or other disposition made under section 11, 12, 38 to 40 or 51 of the Land Act | minister |
| 24 | a permit issued under section 14 [temporary occupation of Crown land] of the Land Act | minister |
| 25 | an instrument transferring Crown land under section 31 [transfers to Canada] of the Land Act | minister |
| 26 | a supplementary grant of timber under section 49 of the Land Act | minister |
| 27 | a declaration endorsed on a plan under section 58 [application to include body of water or road in subdivision] of the Land Act | minister |
| 28 | a certificate endorsed on a plan under section 94 (1) (c) of the Land Title Act | Surveyor General |
| 29 | a claim registered under the Mineral Tenure Act | chief gold commissioner |
| 30 | a mining lease issued under the Mineral Tenure Act | chief gold commissioner |
| 31 | a placer lease issued under the Mineral Tenure Act | chief gold commissioner |
| 32 | an instrument disposing of real property under the Ministry of Environment Act | minister |
| 33 | an instrument disposing of an interest in land or a right to use or occupy land under the Ministry of Forests and Range Act | minister |
| 34 | an agreement entered into under section 6 (b) of the Ministry of Lands, Parks and Housing Act if the agreement grants an interest in Crown land | minister |
| 35 | an instrument disposing of Crown land under section 9 of the Ministry of Lands, Parks and Housing Act | minister |
| 36 | a geophysical licence issued under the Petroleum and Natural Gas Act | British Columbia Energy Regulator |
| 37 | a lease issued under the Petroleum and Natural Gas Act | minister |
| 38 | a licence to explore for a storage reservoir granted under the Petroleum and Natural Gas Act | division head |
| 39 | a permit issued under the Energy Resource Activities Act permitting the operation or use of a storage reservoir | British Columbia Energy Regulator |
| 40 | a permit issued under the Petroleum and Natural Gas Act | minister |
| 41 | a storage reservoir licence issued under the Petroleum and Natural Gas Act | minister |
| 42 | a permit issued under the Energy Resource Activities Act permitting the drilling and operation of a well | British Columbia Energy Regulator |
| 43 | a drilling licence issued under the Petroleum and Natural Gas Drilling Licence Regulation [Petroleum and Natural Gas Act] | minister |
| 44 | a grazing licence entered into under the Range Act | district manager |
| 45 | a grazing permit entered into under the Range Act | district manager |
| 46 | a hay cutting licence entered into under the Range Act | district manager |
| 47 | a hay cutting permit entered into under the Range Act | district manager |
| 48 | an instrument disposing of land under section 13 of the Transportation Act | minister |
| 49 | a use approval granted under the Water Sustainability Act | comptroller or water manager |
| 50 | a change approval under the Water Sustainability Act | comptroller, water manager or engineer |
| 51 | a drilling authorization issued under the Water Sustainability Act | comptroller, water manager or engineer |
| 52 | a licence issued under the Water Sustainability Act | comptroller or water manager |
| 53 | a permit issued under the Water Sustainability Act | comptroller or water manager |
| 54 | a guide outfitter's certificate issued under the Wildlife Act | regional manager |
| 55 | a registration of a trapline granted under the Wildlife Act | regional manager or an authorized person |
[am. B.C. Regs. 269/2010, Sch., s. 10; 41/2016, s. 18; 219/2024, Sch. 3, s. 13.]
| Item | Column 1 Prescribed Designations or Other Statuses (Tenures) | Column 2 Prescribed Persons (Tenure Authorities) |
| 1 | a coal land reserve designated under the Coal Act | chief gold commissioner |
| 2 | an ecological reserve established under the Ecological Reserve Act or continued or established under the Protected Areas of British Columbia Act | minister |
| 3 | an order made under section 7 of the Environment and Land Use Act if that order relates to the use of Crown land | minister |
| 4 | a forest service road declared under section 115 of the Forest Act | minister |
| 5 | a forest service road, as defined in the Forest Act | designated employees of the ministry of the minister |
| 6 | a public highway declared under the Forest and Range Practices Act | minister |
| 7 | an interpretive forest site, as defined in the Forest and Range Practices Act | minister |
| 8 | a recreation site, as defined in the Forest and Range Practices Act | minister |
| 9 | a recreation trail, as defined in the Forest and Range Practices Act | minister |
| 9.1 | a trail-based recreation area, as defined in the Forest and Range Practices Act | minister |
| 10 | a Provincial heritage site under the Heritage Conservation Act | minister |
| 11 | a road referred to in section 13 or 57 of the Land Act | minister |
| 12 | Crown land reserved under section 15 of the Land Act | minister |
| 13 | Crown land temporarily withdrawn from disposition under section 16 of the Land Act | minister |
| 14 | a portion of Crown land designated under section 17 of the Land Act | minister |
| 15 | an allowance for a road or walkway established under section 79 of the Land Act | Surveyor General |
| 16 | a public road allowance established under section 80 of the Land Act | Surveyor General |
| 17 | the administration of Crown land transferred under section 106 of the Land Act | minister |
| 18 | a dedication of land as a highway under section 102 of the Land Title Act | minister |
| 19 | a highway established under section 107 of the Land Title Act | the minister charged with the administration of the Transportation Act or designated employees of the ministry of the minister charged with the administration of the Forest Act who prepare explanatory plans |
| 20 | a highway referred to in section 115 (2) of the Land Title Act | the minister charged with the administration of the Transportation Act |
| 21 | a mineral reserve established under the Mineral Tenure Act | chief gold commissioner |
| 22 | a Class A park established or continued under the Park Act or the Protected Areas of British Columbia Act | minister |
| 23 | a Class B or C park established under the Park Act | minister |
| 24 | a conservancy established under the Park Act or the Protected Areas of British Columbia Act | minister |
| 25 | a designated wildland area established or continued under the Park Act | minister |
| 26 | a recreation area established under the Park Act | minister |
| 27 | Crown reserves withdrawn from disposition under the Petroleum and Natural Gas Act | minister |
| 28 | an arterial highway designated or established under the Transportation Act | minister |
| 29 | a forest service road established under section 56 of the Transportation Act | minister |
| 30 | unrecorded water reserved under section 39 of the Water Sustainability Act | minister |
| 31 | a water reservation established under section 41 of the Water Sustainability Act | minister |
| 32 | a wildlife management area designated under the Wildlife Act | minister |
[Provisions relevant to the enactment of this regulation: Land Act, R.S.B.C. 1996, c. 245, ss. 7.8 and 110.]
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