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"Point in Time" Regulation Content

Wildlife Act

Public Access Prohibition Regulation

B.C. Reg. 187/2003

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 March 1, 2024
Section 2 June 17, 2010
July 1, 2018
March 1, 2024
Section 3 June 17, 2010
July 1, 2018
January 24, 2023
March 1, 2024
Section 4 June 17, 2010
July 1, 2018
March 1, 2024
Section 5 January 24, 2023
Section 6 January 24, 2023
March 1, 2024
Section 7 January 24, 2023
March 1, 2024
Section 8 January 24, 2023
Section 9 January 24, 2023
Section 10 June 17, 2010
July 1, 2016
January 24, 2023
March 1, 2024
Section 11-14 February 16, 2015
Section 14 April 4, 2017
January 24, 2023
Schedule 1-4 February 16, 2015
Schedule Map June 17, 2010
February 16, 2015
July 1, 2018
March 1, 2024

 Section 1 BEFORE re-enacted by BC Reg 19/2024, effective March 1, 2024.

Definitions

1   In this regulation:

"atv" means a wheeled or tracked vehicle propelled by motorized power and capable of travel on or off a highway, including a motorcycle but not including

(a) a snowmobile, or

(b) a motor vehicle that is licensed for highway travel under the Motor Vehicle Act;

"highway" has the same meaning as in the Motor Vehicle Act;

"management area" means the Muskwa-Kechika Access Management Area described in section 2;

"motorcycle" has the same meaning as in the Motor Vehicle Act;

"motor vehicle" means a device in, or by which, a person or thing is being or may be transported or drawn and which is designed to be self propelled, and includes an atv or snowmobile, but does not include

(a) a device designed to be moved by human, animal or wind power,

(b) a device designed to be used exclusively on stationary rails or stationary tracks,

(c) a boat propelled by motorized power, or

(d) any type of aircraft;

"snowmobile" means a vehicle designed primarily for travel on snow or ice, having one or more steering skis, self propelled and using one or more endless belts or tracks driven in contact with the ground.

 Section 2 (1) and (3) to (6) BEFORE amended by BC Reg 175/2010, effective June 17, 2010.

(1)  A person commits an offence if he or she uses or operates a motor vehicle within the area outlined in black and shaded in green as shown on the attached Map No. MK-03.

(3)  Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 10 m of a road delineated by a thin red line on the attached Map No. MK-03.

(4)  Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 400 m of the midline of a road delineated by a thick red line on the attached Map No. MK-03.

(5)  Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv weighing less than 500 kg on or within 400 m of the midline of a road or trail delineated by a thick green line on the attached Map No. MK-03.

(6)  Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv weighing less than 500 kg on or within 10 m of a road or trail delineated by a thin green line on the attached Map No. MK-03.

 Section 2 (1), (3), (4), (5) and (6) BEFORE amended by BC Reg 115/2018, effective July 1, 2018.

(1) A person commits an offence if he or she uses or operates a motor vehicle within the area outlined in black and shaded in green as shown on the attached Map No. MK2010.

(3) Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 10 m of a road delineated by a thin red line on the attached Map No. MK2010.

(4) Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 400 m of the midline of a road delineated by a thick red line on the attached Map No. MK2010.

(5) Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv weighing less than 500 kg on or within 400 m of the midline of a road or trail delineated by a thick green line on the attached Map No. MK2010.

(6) Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv weighing less than 500 kg on or within 10 m of a road or trail delineated by a thin green line on the attached Map No. MK2010.

 Section BEFORE repealed by BC Reg 19/2024, effective March 1, 2024.

Muskwa-Kechika Access Management Area

2   (1) A person commits an offence if he or she uses or operates a motor vehicle within the area outlined in black and shaded in green as shown on the attached Map No. MK2018.

(2) Despite subsection (1), a person does not commit an offence if he or she uses or operates a snowmobile weighing less than 500 kg within the management area during the period November 1 to April 15.

(3) Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 10 m of a road delineated by a thin red line on the attached Map No. MK2018.

(4) Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 400 m of the midline of a road delineated by a thick red line on the attached Map No. MK2018.

(5) Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv weighing less than 750 kg on or within 10 m of the midline of a road or trail delineated by a green line on the attached Map No. MK2018.

(6) Repealed. [B.C. Reg. 115/2018, App. 4, s. 1 (c).]

[am. B.C. Regs. 175/2010, App. 4, s. 1; 115/2018, App. 4, s. 1.]

 Section 3 (1) to (3) BEFORE amended by BC Reg 175/2010, effective June 17, 2010.

(1)  A person commits an offence if he or she uses or operates a motor vehicle within the Klingzut Mountain Closure shaded in beige on the attached Map No. MK-03.

(2)  Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 400 m of the midline of the road shown in red within the Klingzut Mountain Closure on the attached Map No. MK-03.

(3)  Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv on or within 400 m of the midline of the road shown in green within the Klingzut Mountain Closure on the attached Map No. MK-03.

 Section 3 BEFORE amended by BC Reg 115/2018, effective July 1, 2018.

3   (1) A person commits an offence if he or she uses or operates a motor vehicle within the Klingzut Mountain Closure shaded in beige on the attached Map No. MK2010.

(2) Despite subsection (1), a person does not commit an offence if he or she uses or operates a motor vehicle on or within 400 m of the midline of the road shown in red within the Klingzut Mountain Closure on the attached Map No. MK2010.

(3) Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv on or within 400 m of the midline of the road shown in green within the Klingzut Mountain Closure on the attached Map No. MK2010.

 Section 3 (1) and (3) BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

(3)

(1) A person commits an offence if he or she uses or operates a motor vehicle within the Klingzut Mountain Closure shaded in beige on the attached Map No. MK2018.

(3) Despite subsection (1), a person does not commit an offence if he or she uses or operates an atv on or within 400 m of the midline of the road shown in purple within the Klingzut Mountain Closure on the attached Map No. MK2018.

 Section 3 BEFORE repealed by BC Reg 19/2024, effective March 1, 2024.

Klingzut Mountain closed area

3   (1) A person commits an offence if the person uses or operates a motor vehicle within the Klingzut Mountain Closure shaded in beige on the attached Map No. MK2018.

(2) Repealed. [B.C. Reg. 115/2018, App. 4, s. 2 (b).]

(3) Despite subsection (1), a person does not commit an offence if the person uses or operates an atv on or within 400 m of the midline of the road shown in purple within the Klingzut Mountain Closure on the attached Map No. MK2018.

[am. B.C. Regs. 175/2010, App. 4, s. 1; 115/2018, App. 4, s. 2; 10/2023.]

 Section 4 BEFORE amended by BC Reg 175/2010, effective June 17, 2010.

4  The prohibitions described in section 2 do not apply in the following portion of the management area:

Commencing at the northeast corner of Block A, District Lot 2144, Land District 43; thence in a generally northwesterly direction along bearing 330° 05' 51" for a distance of approximately 6 178 metres to the centreline of the Toad River; thence in a generally southwesterly direction along the centreline of the Toad River to the point of confluence of the Toad River and Wood Creek; thence in a generally southeasterly direction along bearing 137° 03' 13" for a distance of approximately 3 749 metres to the height of land; thence in a generally southeasterly direction along bearing 119° 33' 52" for a distance of approximately 3 175 metres to the height of land; thence in a generally northeasterly direction along bearing 60° 24' 49" for a distance of approximately 2 450 metres to the point of commencement, which is outlined and shown in the inset as the Toad River AMA Exemption on the attached Map No. MK-03.

 Section 4 BEFORE amended by BC Reg 115/2018, effective July 1, 2018.

4   The prohibitions described in section 2 do not apply in the following portion of the management area:

Commencing at the northeast corner of Block A, District Lot 2144, Land District 43; thence in a generally northwesterly direction along bearing 330° 05' 51" for a distance of approximately 6 178 metres to the centreline of the Toad River; thence in a generally southwesterly direction along the centreline of the Toad River to the point of confluence of the Toad River and Wood Creek; thence in a generally southeasterly direction along bearing 137° 03' 13" for a distance of approximately 3 749 metres to the height of land; thence in a generally southeasterly direction along bearing 119° 33' 52" for a distance of approximately 3 175 metres to the height of land; thence in a generally northeasterly direction along bearing 60° 24' 49" for a distance of approximately 2 450 metres to the point of commencement, which is outlined and shown in the inset as the Toad River AMA Exemption on the attached Map No. MK2010.

 Section 4 BEFORE repealed by BC Reg 19/2024, effective March 1, 2024.

Toad River exemption

4   The prohibitions described in section 2 do not apply in the following portion of the management area:

Commencing at the northeast corner of Block A, District Lot 2144, Land District 43; thence in a generally northwesterly direction along bearing 330° 05' 51" for a distance of approximately 6 178 metres to the centreline of the Toad River; thence in a generally southwesterly direction along the centreline of the Toad River to the point of confluence of the Toad River and Wood Creek; thence in a generally southeasterly direction along bearing 137° 03' 13" for a distance of approximately 3 749 metres to the height of land; thence in a generally southeasterly direction along bearing 119° 33' 52" for a distance of approximately 3 175 metres to the height of land; thence in a generally northeasterly direction along bearing 60° 24' 49" for a distance of approximately 2 450 metres to the point of commencement.

[am. B.C. Regs. 175/2010, App. 4, s. 1; 115/2018, App. 4, s. 3.]

 Section 5 BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

Rose and Kirkland Islands

5   Except as set out in the agreement made February 1, 1997, between the government, represented by the Minister of Environment, and Kirkland Island Waterfowl Society, a person commits an offence if he or she accesses those portions of Management Unit 2-4 being Rose and Kirkland Islands, legally known and described as:

 Section 6 BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

Kootenay Land District

6   A person commits an offence if he or she uses or operates a motor vehicle on any roads within Management Unit 4-30 in the Kootenay Land District, except for Highway 31, in or on

 Section 6 BEFORE repealed by BC Reg 19/2024, effective March 1, 2024.

Kootenay Land District

6   A person commits an offence if the person uses or operates a motor vehicle on any roads within Management Unit 4-30 in the Kootenay Land District, except for Highway 31, in or on

(a) District Lot 570,

(b) District Lot 16024, and

(c) that portion of District Lot 896 east of Highway 31 and north of District Lot 15019.

[am. B.C. Reg. 10/2023.]

 Section 7 BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

Elk Valley

7   (1) A person commits an offence if he or she uses or operates a motor vehicle in portions of Management Unit 4-23 in the vicinity of Elkford, being the following seismic exploration roads, all of which are accessed from the gravel road connecting Elkford to the Elk Lakes Park beside the Elk River:

(a) Bingay Creek Road;

(b) Forsythe Creek Road;

(c) Cadorna Creek Road;

(d) Aldridge Creek Road;

(e) Henrietta Creek Road;

(f) Kilmarnock Creek Road.

(2) Despite subsection (1), a person does not commit an offence if he or she uses or operates a snowmobile on the roads described in subsection (1).

[am. B.C. Reg. 259/2003, s. (a).]

 Section 7 BEFORE repealed by BC Reg 19/2024, effective March 1, 2024.

Elk Valley

7   (1) A person commits an offence if the person uses or operates a motor vehicle in portions of Management Unit 4-23 in the vicinity of Elkford, being the following seismic exploration roads, all of which are accessed from the gravel road connecting Elkford to the Elk Lakes Park beside the Elk River:

(a) Bingay Creek Road;

(b) Forsythe Creek Road;

(c) Cadorna Creek Road;

(d) Aldridge Creek Road;

(e) Henrietta Creek Road;

(f) Kilmarnock Creek Road.

(2) Despite subsection (1), a person does not commit an offence if the person uses or operates a snowmobile on the roads described in subsection (1).

[am. B.C. Regs. 259/2003, s. (a); 10/2023.]

 Section 8 BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

Stum Lake

8   During the period March 1 to August 31, a person commits an offence if he or she accesses by land, water or air that portion of Management Unit 5-13, in the vicinity of Stum Lake in the Cariboo Land District, that is within the following boundaries: All of Stum Lake below the high water mark, including all of the islands.

 Section 9 (1) BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

(1) A person commits an offence if he or she accesses by land, water or air, except on the travelled road surface of Ministry of Forests' Sulphur Creek Road and up to 3 metres from the road edge, that portion of Management Unit 4-22 in the vicinity of Sulphur Creek that is within the following boundaries:

Commencing at the Sulphur Creek Bridge at UTM coordinate 634600 E, 5504250 N (NAD 27); thence due north to the 4300 foot elevation contour on the north side of the Sulphur Creek; thence in a south-easterly direction following the 4300 foot elevation contour to a point due north of the junction of the Sulphur Creek Road with the Hartley Pass Road at UTM coordinate 635400 E, 5504000 N (NAD 27); thence due south to the 4300 foot elevation contour on the south side of Sulphur Creek; thence in a westerly direction following the 4300 foot elevation contour to a point due south of UTM coordinate 634600 E, 5504250 N (NAD 27); thence due north to the point of commencement.

 Section 10 (2) BEFORE amended by BC Reg 175/2010, effective June 17, 2010.

(2)  Despite subsection (1), that unsurveyed portion of Parcel 1 of DL 132, Kootenay District, Explanatory Plan DD5116, containing 0.433 hectares, more or less, tenured under the Land Act to Castle Rock Enterprises Inc. File #44003970 is exempt.

 Section 10 BEFORE amended by BC Reg 130/2016, effective July 1, 2016.

Baynes Lake

10   (1) In that portion of Management Unit 4-22 in the area of Baynes Lake within the following described boundaries: DD5116 of DL 132, a person commits an offence if he or she

(a) uses or operates a motor vehicle,

(b) accesses the area by land or air during the period of April 15 to June 30, or

(c) accesses the area, during the period of April 1 to April 14 and from July 1 to August 1, with a dog that is not under the direct control of a person and restrained by a leash not longer than 2 metres.

(2) Despite subsection (1), that unsurveyed portion of Parcel 1 of DL 132, Kootenay District, Explanatory Plan DD5116, containing 0.433 hectares, more or less, tenured under the Land Act to Castle Rock Enterprises Inc. File #44003970 and that portion of the sand peninsula south of the boat launch at 49.1210° north latitude and 115.1255° west longitude are exempt.

[am. B.C. Reg. 175/2010, App. 4, s. 2.]

 Section 10 BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

Baynes Lake

10   (1) In that portion of Management Unit 4-22 in the area of Baynes Lake within the following described boundaries: DD5116 of DL 132, a person commits an offence if he or she

(a) uses or operates a motor vehicle,

(b) accesses the area by land, water or air during the period April 15 to July 15, or

(c) accesses the area, during the period April 1 to July 31, with a dog that is not under the direct control of a person and restrained by a leash not longer than 2 metres.

(2) The prohibitions in subsection (1) do not apply to that unsurveyed portion of Parcel 1 of DL 132, Kootenay District, Explanatory Plan DD5116, containing 0.433 hectares, more or less, tenured under the Land Act to Castle Rock Enterprises Inc. File #44003970.

(3) Despite subsection (1) (a), a person does not commit an offence if he or she uses or operates a motor vehicle on the Waldo Cove Road.

(4) The prohibition in subsection (1) (b) does not apply to the following portions of DL 132:

(a) Beach Area #1, Explanatory Plan DD.R20629;

(b) Beach Area #2, Explanatory Plan DD.R20628.

(5) Despite subsection (1) (b), a person does not commit an offence if he or she accesses the area referred to in that subsection by land or water solely for the purpose of using the boat launch.

[am. B.C. Regs. 175/2010, App. 4, s. 2; 130/2016, App. 5.]

 Section 10 BEFORE re-enacted by BC Reg 19/2024, effective March 1, 2024.

Baynes Lake

10   (1) In that portion of Management Unit 4-22 in the area of Baynes Lake within the following described boundaries: DD5116 of DL 132, a person commits an offence if the person

(a) uses or operates a motor vehicle,

(b) accesses the area by land, water or air during the period April 15 to July 15, or

(c) accesses the area, during the period April 1 to July 31, with a dog that is not under the direct control of a person and restrained by a leash not longer than 2 metres.

(2) The prohibitions in subsection (1) do not apply to that unsurveyed portion of Parcel 1 of DL 132, Kootenay District, Explanatory Plan DD5116, containing 0.433 hectares, more or less, tenured under the Land Act to Castle Rock Enterprises Inc. File #44003970.

(3) Despite subsection (1) (a), a person does not commit an offence if the person uses or operates a motor vehicle on the Waldo Cove Road.

(4) The prohibition in subsection (1) (b) does not apply to the following portions of DL 132:

(a) Beach Area #1, Explanatory Plan DD.R20629;

(b) Beach Area #2, Explanatory Plan DD.R20628.

(5) Despite subsection (1) (b), a person does not commit an offence if the person accesses the area referred to in that subsection by land or water solely for the purpose of using the boat launch.

[am. B.C. Regs. 175/2010, App. 4, s. 2; 130/2016, App. 5; 10/2023.]

 Sections 11 to 14 were enacted by BC Reg 24/2015, effective February 16, 2015.

 Section 14 BEFORE renumbered 14 (1) by BC Reg 133/2017, effective April 4, 2017.

14   A person commits an offence if the person enters a conservation area described in Schedule 4 with a dog that is not

(a) under the direct control of a person, and

(b) restrained by a leash not longer than 2 metres.

[en. B.C. Reg. 24/2015, App. 2, s. 1.]

 Section 14 (2) was added by BC Reg 133/2017, effective April 4, 2017.

 Section 14 (2) BEFORE amended by BC Reg 10/2023, effective January 24, 2023.

(2) Despite subsection (1) (b), a person does not commit an offence if he or she enters the area referred to in that subsection with a dog that is not controlled or restrained as described in that subsection for the purpose of using the dog to lawfully hunt waterfowl.

 Schedules 1 to 4 were enacted by BC Reg 24/2015, effective February 16, 2015.

 Map MK-03 Exemption Note BEFORE amended by BC Reg 175/2010, effective June 17, 2010.

Map MK-03

This Map is exempt from publication and may be inspected at the offices of the Wildlife Branch, Ministry of Water, Land and Air Protection, Victoria, B.C.

 Map MK2010 was enacted by BC Reg 175/2010, effective June 17, 2010.

 Map Schedule BEFORE editorial change effective February 16, 2015.

Map MK2010

[en. B.C. Reg. 175/2010, App. 4, s. 3.]

This Map is exempt from publication and may be inspected during normal business hours at the offices of the Wildlife Branch, Ministry of Environment, 2975 Jutland Road, Victoria, B.C. V8T 5J9.

 Maps BEFORE historical note amended by BC Reg 115/2018, effective July 1, 2018.

Maps

[en. B.C. Reg. 175/2010, App. 4, s. 3; am. B.C. Regs. 24/2015, App. 2, ss. 3 to 6; 115/2018, App. 4, ss. 4 and 5.]

Maps are exempt from publication and may be inspected at the offices of the Ministry of Forests, Lands and Natural Resource Operations, 2975 Jutland Road, Victoria, B.C. V8T 5J9, during regular office hours.

 Maps BEFORE historical note amended by BC Reg 19/2024, effective March 1, 2024.

Maps

[en. B.C. Reg. 175/2010, App. 4, s. 3; am. B.C. Regs. 24/2015, App. 2, ss. 3 to 6; 115/2018, App. 4, ss. 4 and 5.]

Maps are exempt from publication and may be inspected at the offices of the Ministry of Forests, 2975 Jutland Road, PO Box 9374 Stn Prov Govt, Victoria, B.C. V8T 5J9, during regular office hours.