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"Point in Time" Regulation Content

Wildlife Act

Controlled Alien Species Regulation

B.C. Reg. 94/2009

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
Part 1 December 19, 2012
Section 1 October 7, 2009
December 19, 2012
April 9, 2014
April 14, 2016
August 16, 2016
June 20, 2025
Section 2 October 7, 2009
December 19, 2012
June 20, 2025
Part 2 December 19, 2012
Section 3 October 7, 2009
April 1, 2010
December 19, 2012
February 26, 2013
Section 4 October 7, 2009
April 1, 2010
December 19, 2012
Section 5 October 7, 2009
December 19, 2012
Section 5.1 April 1, 2010
Section 6 April 1, 2010
Part 3 Section 7-10 December 19, 2012
Part 3 June 20, 2025
Section 7 April 9, 2014
Section 7.01 June 20, 2025
Section 7.1 April 9, 2014
June 20, 2025
Section 8 April 9, 2014
June 20, 2025
Section 9 April 9, 2014
June 20, 2025
Section 9.01 to 9.06 June 20, 2025
Section 9.1 April 9, 2014
June 20, 2025
Section 10 June 20, 2025
Schedule 1 October 7, 2009
December 19, 2012
April 9, 2014
Schedule 2 October 7, 2009
December 19, 2012
April 9, 2014
Schedule 3 December 19, 2012
Schedule 4 December 19, 2012
June 20, 2025
Schedule 5 December 19, 2012
April 9, 2014
March 2, 2017
June 20, 2025

 Part 1 heading was added by BC Reg 402/2012, effective December 19, 2012.

 Section 1 definition of "species individual" BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

"species individual" means a single live member of a controlled alien species, at any developmental stage;

 Section 1 (1) definitions "prohibited species individual", and "restricted species individual" were added by BC Reg 233/2009, effective October 7, 2009.

 Section 1 (2) BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

(2)  In Schedule 1, if a reference to a species is followed by italicized text in square brackets that is or purports to be descriptive of the species, the italicized text in square brackets is not part of this regulation and is to be considered to have been added editorially for convenience of reference only.

 Section 1 BEFORE amended by BC Reg 402/2012, effective December 19, 2012

 Definitions

1  (1)  In this regulation:

"Act" means the Wildlife Act;

"prohibited species individual" means

(a) a single live member of a controlled alien species designated in Schedule 1, at any developmental stage, or

(b) a single live member of a controlled alien species designated in Schedule 2 that is 3 metres or more in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

"restricted species individual" means a single live member of a controlled alien species designated in Schedule 2, at any developmental stage, but does not include a prohibited species individual;

"zoo" has the same meaning as in the Permit Regulation.

(2)  In Schedules 1 and 2, if a reference to a species is followed by italicized text in square brackets that is or purports to be descriptive of the species, the italicized text in square brackets is not part of this regulation and is to be considered to have been added editorially for convenience of reference only.

[am. B.C. Reg. 233/2009, App. A, s. 1.]

 Section 1 (1), definition of "aquatic invasive species individual" BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

"aquatic invasive species individual" means any of the following:

(a) a single live member of a controlled alien species designated in Schedule 3, at any developmental stage;

(b) a mussel;

 Section 1 (1), definition of "release" was added by BC Reg 48/2014, effective April 9, 2014.

 Section 1 (1), definition of "BC waters", paragraph (b) and (c) BEFORE amended by BC Reg 89/2016, effective April 14, 2016.

(b) fish habitat within the meaning of the Fish Protection Act,

(c) a stream within the meaning of the Water Act,

 Section 1 (1) definition of "accredited zoo or aquarium", paragraphs (a) and (b) BEFORE amended by BC Reg 213/2016, effective August 16, 2016.

(a) is accredited by the Canadian Association of Zoos and Aquariums, or

(b) provides proof to the satisfaction of the director of meeting or exceeding the accreditation standards set by the Canadian Association of Zoos and Aquariums;

 Section 1 (1) definitions of "aircraft", "contaminated jurisdiction", "mussel prevention measure", "mussel prevention order" and "water-related equipment" were added by BC Reg 85/2025, effective June 20, 2025.

 Section 1 (1) definitions of "aquatic invasive species individual" and "mussel" BEFORE amended by BC Reg 85/2025, effective June 20, 2025.

"aquatic invasive species individual" means a single live member of a controlled alien species designated in Schedule 3 or 4, at any developmental stage;

"mussel" means a single member, live or dead, of a controlled alien species designated in Schedule 4, and if live, at any developmental stage;

 Section 2 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Designation of species as controlled alien species

2  For the purposes of paragraph (a) of the definition of "controlled alien species" in section 1 (1) of the Act, the species listed in Schedule 1 are designated as controlled alien species.

 Section 2 BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

2  For the purposes of paragraph (a) of the definition of "controlled alien species" in section 1 (1) of the Act, the species listed in Schedules 1 and 2 are designated as controlled alien species.

 Section 2 BEFORE re-enacted by BC Reg 85/2025, effective June 20, 2025.

Designation of species as controlled alien species

2   For the purposes of paragraph (a) of the definition of "controlled alien species" in section 1 (1) of the Act, the species listed in Schedules 1 to 4 are designated as controlled alien species.

[am. B.C. Regs. 233/2009, App. A, s. 2; 402/2012, s. 3.]

 Part 2 heading was added by BC Reg 402/2012, effective December 19, 2012.

 Section 3 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Possession

3  A person must not possess a species individual that was not in British Columbia on March 16, 2009 unless

(a) the person operates a zoo or is an educational or research institution, or

(b) the person holds a permit authorizing the possession of that species individual.

 Section 3 BEFORE re-enacted by BC Reg 94/2010, effective April 1, 2010.

 Possession

3  A person must not possess a prohibited species individual that was not in British Columbia on March 16, 2009 unless

(a) the person operates a zoo or is an educational or research institution, or

(b) the person holds a permit authorizing the possession of that prohibited species individual.

[am. B.C. Reg. 233/2009, App. A, s. 3.]

 Section 3 BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

3  A person must not possess a prohibited species individual unless the person holds a permit authorizing the possession of that prohibited species individual.

 Section 3 BEFORE amended by BC Reg 60/2013, effective February 26, 2013.

3  A person must not possess a prohibited species individual unless the person holds a permit authorizing the possession of that prohibited species individual listed in Schedule 1.

 Section 4 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Breeding

4  (1)  Subject to subsection (2), a person who possesses a species individual must prevent the species individual from breeding.

(2)  A person who possesses a species individual may allow the species individual to breed if

(a) the person operates a zoo or is an educational or research institution, or

(b) the person holds a permit authorizing the person to allow that species individual to breed.

 Section 4 (2) (c) was added by BC Reg 94/2009, effective April 1, 2010.

 Section 4 (2) (a) BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

(a) the person operates a zoo or is an educational or research institution,

 Section 5 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Release prohibited

5  A person must not release a species individual or allow a species individual to be released.

 Section 5 BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

5  A person must not release a restricted species individual or prohibited species individual or allow a restricted species individual or prohibited species individual to be released.

 Section 5.1 was enacted by BC Reg 94/2009, effective April 1, 2010.

 Section 6 (1) (d) was added by BC Reg 94/2009, effective April 1, 2010.

 Part 3, sections 7 to 10 were enacted by BC Reg 402/2012, effective December 19, 2012.

 Part 3 heading BEFORE re-enacted by BC Reg 85/2025, effective June 20, 2025.

Part 3 — Aquatic Invasive Species Individuals

 Section 7 (3) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(3) A person must not

(a) release into BC waters an aquatic invasive species individual,

(b) allow an aquatic invasive species individual to be released, or to escape, into BC waters, or

(c) allow a mussel to come into contact with BC waters.

 Section 7.01 was enacted by BC Reg 85/2025, effective June 20, 2025.

 Section 7.1 was enacted by BC Reg 48/2014, effective April 9, 2014.

 Section 7.1 BEFORE re-enacted by BC Reg 85/2025, effective June 20, 2025.

Dead mussels also prohibited

7.1   The prohibitions set out in section 7 (1), (3) and (4) also apply to dead mussels and, for this purpose, sections 33 (2), 37 and 77 (2) of the Act apply as if a dead mussel were wildlife or an animal.

[en. B.C. Reg. 48/2014, s. 3.]

 Section 8 BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

Certified educational and research institutions exempt

8   A certified educational institution and a certified research institution are exempt from

(a) the prohibitions set out in section 7 (1) and (4), and

(b) the requirement set out in section 7 (2).

[en. B.C. Reg. 402/2012, App. s. 8.]

 Section 8 (1) (c) BEFORE repealed by BC Reg 85/2025, effective June 20, 2025.

(c) section 7.1, in respect of the application of section 7 (1) and (4) to dead mussels.

 Section 8 (2) (part) BEFORE amended by BC Reg 85/2025, effective June 20, 2025.

(2) Without limiting subsection (1) (c), a person is exempt from the prohibitions set out in section 7 (1) and (4) in respect of a dead mussel if

 Section 9 (2) (d) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(d) the officer has reason to believe that a person may be in violation of section 7 with respect to mussels.

 Section 9 BEFORE repealed by BC Reg 85/2025, effective June 20, 2025.

Preventing entry or spread of mussels

9   (1) In this section:

"boat or water equipment" means any of the following items:

(a) a boat, including personal watercraft;

(b) a boat trailer;

(c) any item used for fishing;

(d) any item used for water-based recreational activities;

(e) any equipment associated with, and any component of, a thing referred to in any of paragraphs (a) to (d);

"contaminated province or state" means any of the following:

(a) a jurisdiction listed in Schedule 5;

(b) a province or territory of Canada or a state of the United States of America that is not listed in Schedule 5 but has within its jurisdiction one or more bodies of water that are contaminated with mussels;

"decontamination order" means an order issued by an officer under subsection (3).

(2) An officer may issue a decontamination order in respect of a boat or water equipment if any of the following circumstances exist:

(a) the officer has visually inspected the boat or water equipment and found signs that that boat or water equipment may be or may have been contaminated with mussels;

(b) the boat or water equipment is owned, or is registered, licensed, insured or otherwise authorized to be possessed or operated, in a contaminated province or state;

(c) the officer has reason to believe that the boat or water equipment has been operated in, or has otherwise come into contact with, the waters of a contaminated province or state;

(d) the officer has reason to believe that a person may be in violation of section 7 of this regulation or any of sections 33 (2), 37 or 77 (2) of the Act with respect to mussels.

(3) An officer may issue a decontamination order requiring a person to do one or more of the following:

(a) remove mussels from a boat or water equipment within a reasonable period of time as specified in the order;

(b) comply with any written directions contained in or attached to the order with respect to the removal of mussels;

(c) report, within the time and to the officer specified in the order,

(i) with proof, satisfactory to the specified officer, of compliance with the order, or

(ii) for the purposes of further inspection by the specified officer of the boat or water equipment that is the subject of the order.

(4) A person to whom a decontamination order is issued must

(a) comply with the order, and

(b) ensure that the boat or water equipment to which the order applies does not come into contact with BC waters until the order has been complied with.

(5) A person who engages in procedures to remove mussels from a boat or water equipment must ensure that water used in those procedures does not come into contact with BC waters.

(6) For the purposes of subsection (3) (c), an officer may be specified by name or by class.

[en. B.C. Reg. 402/2012, s. 8; am. B.C. Reg. 48/2014, s. 5.]

 Sections 9.01 to 9.06 were enacted by BC Reg 85/2025, effective June 20, 2025.

 Section 9.1 was enacted by BC Reg 48/2014, effective April 9, 2014.

 Section 9.1 BEFORE re-enacted by BC Reg 85/2025, effective June 20, 2025.

Immediate destruction

9.1   The disposal power set out in section 97.3 of the Act applies to an aquatic invasive species individual and to a dead mussel as if the aquatic invasive species individual or dead mussel were wildlife.

[en. B.C. Reg. 48/2014, s. 6.]

 Section 10 (1) and (3) BEFORE amended by BC Reg 85/2025, effective June 20, 2025.

(1) A person who contravenes any of the following commits an offence:

(a) section 7 (1);

(b) section 7 (2);

(c) section 7 (3);

(d) section 7 (4);

(e) section 9 (4);

(f) section 9 (5).

(3) An offence under subsection (1) (e) is prescribed as an offence for the purposes of section 84 (1) (b) (ii) of the Act.

 Schedule 1, section 1 (1) (d) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(d) all species of the family Giraffidae [giraffes and okapi];

 Schedule 1, ss.1 (1) (i.1) was added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, ss.4 (1) (a.1) was added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, ss.4 (1) (b) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(b) all species of the family Boidae [boa constrictors and anacondas] that can grow to be more than 3 metres in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

 Schedule 1, ss.4 (1) (e.1) was added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, ss.4 (1) (f) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(f) all species of the family Pythonidae [pythons] that can grow to be more than 3 metres in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

 Schedule 1, ss.4 (1) (i) to (n) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(i) all species of the subfamily Aparallactinae [mole vipers];

(j) all species of the subfamily Boiginae [brown tree snakes];

(k) all species of the subfamily Hydrophiinae [sea snakes];

(l) all species of the subfamily Philodryas [green racers];

(m) all species of the genus Dispholidus [boomslang snakes];

(n) all species of the genus Thelotornis [twig snakes].

 Schedule 1, ss.4 (2) to (4) were added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, section (4) (1) (g) BEFORE repealed by BC Reg 402/2012, effective December 19, 2012.

(g) all species of the family Varanidae [komodo dragons, crocodile monitors and water monitors] that can grow to more than 2 metres in length when measured from the front of the snout to the tip of the tail;

 Schedule 1 (5) was added by BC Reg 402/2012, effective December 19, 2012.

 Schedule 1, section 4 (4) (e.1) was added by BC Reg 48/2014, effective April 9, 2014.

 Schedule 1, section 4 (4) (f) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(f) Python molurus [Indian and Burmese python];

 Schedule 2 was enacted by BC Reg 233/2009, effective October 7, 2009.

 Schedule 2 section 1 (3) was added by BC Reg 402/2012, effective December 19, 2012.

 Schedule 2, section 1 (3) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(3) Reptiles of the family Varanidae, other than reptiles of the species listed in section 1 (5) of Schedule 1.

 Schedule 3 was enacted by BC Reg 402/2012, effective December 19, 2012.

 Schedule 4 was enacted by BC Reg 402/2012, effective December 19, 2012.

 Schedule 4, section 2 was enacted by BC Reg 85/2025, effective June 20, 2025.

 Schedule 5 was enacted by BC Reg 402/2012, effective December 19, 2012.

 Schedule 5, section 1 (c) was added by BC Reg 48/2014, effective April 9, 2014.

 Schedule 5, section 1 (d) and section 2 (r.1) were added by BC Reg 78/2017, effective March 2, 2017.

 Schedule 5, section 1 (d) BEFORE repealed by BC Reg 85/2025, effective June 20, 2025.

(d) Saskatchewan.

 Schedule 5, section 1 (e) was added by BC Reg 85/2025, effective June 20, 2025.

 Schedule 5, section 2 (r.1) BEFORE repealed by BC Reg 85/2025, effective June 20, 2025.

(r.1) Montana;

 Schedule 5, section 2 (f.1) and (v.1) were added by BC Reg 85/2025, effective June 20, 2025.