Section 1 definition of "department" BEFORE repealed by 2003-90-14(a), effective November 20, 2003 (Royal Assent).
"department" means the Parks Department;
Section 1 definition of "permit" was added by 2003-90-14(d), effective November 20, 2003 (Royal Assent).
Section 1 definition of "park officer" BEFORE amended by 2003-90-14(b), effective April 15, 2005 (BC Reg 193/2005).
"park officer" means an employee of the department;
Section 1 definition of "park ranger" was added by 2003-90-14(c), effective April 15, 2005 (BC Reg 193/2005).
Section 1 definitions of "conservancy" and "designated wildland area" were added by 2006-25-1(a), effective July 14, 2006 (BC Reg 215/2006).
Section 1 definition of "park use permit" BEFORE amended by 2006-25-1(b), effective July 14, 2006 (BC Reg 215/2006).
"park use permit" means a licence, issued under this Act, authorizing an activity or a course of behaviour or conduct, or the occupancy, use, development, exploitation or extraction of a natural resource on or in a park;
Section 1 definition of "nature conservancy area" BEFORE repealed by 2006-25-1(c), effective July 14, 2006 (BC Reg 215/2006).
"nature conservancy area" means a roadless area, in a park or recreation area, retained in a natural condition for the preservation of its ecological environment and scenic features, and designated as a nature conservancy area under this Act;
Section 1 definitions of "park" and "recreation area" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
"park" means Crown land established or continued as a park by or under this Act or the Protected Areas of British Columbia Act;
"recreation area" means Crown land reserved or set aside for public recreational use and established as a recreation area by or under this Act;
Section 1 definition of "conservancy" BEFORE amended by 2012-9-13, effective May 14, 2012 (Royal Assent).
"conservancy" means Crown land established by or under this Act or the Protected Areas of British Columbia Act as a conservancy;
Section 2 (1) BEFORE amended by 2004-22-60, effective April 29, 2004 (Royal Assent).
(1) This Act is subject to the Environment and Land Use Act, the Environmental Assessment Act, section 23 of the Mineral Tenure Act and regulations made under that section, the Muskwa-Kechika Management Area Act and the Waste Management Act, but otherwise, except as provided in this Act, this Act and the regulations are not subject to any other Act or regulation, whenever made, and a minister, ministry of government or agent of the Crown must not exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations.
Section 2 (1) BEFORE amended by 2003-53-167, effective July 8, 2004 (BC Reg 317/2004).
(1) This Act is subject to the Environment and Land Use Act, the Environmental Assessment Act, the Muskwa-Kechika Management Area Act and the Waste Management Act, but otherwise, except as provided in this Act, this Act and the regulations are not subject to any other Act or regulation, whenever made, and a minister, ministry of government or agent of the Crown must not exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations.
Section 2 (1) BEFORE amended by 2004-31-100, effective March 31, 2005 (BC Reg 38/2005).
(1) This Act is subject to the Environment and Land Use Act, the Environmental Assessment Act, the Muskwa-Kechika Management Area Act and the Environmental Management Act, but otherwise, except as provided in this Act, this Act and the regulations are not subject to any other Act or regulation, whenever made, and a minister, ministry of government or agent of the Crown must not exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations.
Section 2 (3) and (4) BEFORE amended by 2006-25-2, effective July 14, 2006 (BC Reg 215/2006).
(3) The Heritage Conservation Act applies in parks and recreation areas.
(4) Subject to the regulations made under this Act, the Wildlife Act applies on any land, trail, path or waterway comprised in an order under section 6 (1) and in parks and recreation areas.
Section 2 (1) BEFORE amended by 2024-23-7, effective July 5, 2024 (BC Reg 162/2024).
(1) This Act is subject to the Environment and Land Use Act, the Environmental Assessment Act, the Muskwa-Kechika Management Area Act, the Wildfire Act, except section 18 of that Act, and the Environmental Management Act, but otherwise, except as provided in this Act, this Act and the regulations are not subject to any other Act or regulation, whenever made, and a minister, ministry of government or agent of the Crown must not exercise any power granted under any other Act or regulation except in accordance with this Act and the regulations.
Section 3 (1) BEFORE amended by 2006-25-2, effective July 14, 2006 (BC Reg 215/2006).
(1) Except as otherwise provided in this Act, the minister has jurisdiction over, and must manage and administer, all matters concerning parks and recreation areas and public and private use and conduct in them, including all of the following:
(a) the rights, property and interests of the government in parks and recreation areas;
(b) natural resources in parks and recreation areas;
(c) wildlife and its habitats in parks and recreation areas;
(d) the preservation, development, use and maintenance of parks and recreation areas and natural resources in them;
(e) the regulation and control of public and private individuals in the use or exploitation of parks and recreation areas and the natural resources in and on them, and of human activities, behaviour and conduct in parks and recreation areas;
(f) all other matters under this Act.
Section 4 (3) BEFORE amended by 2006-25-3, effective July 14, 2006 (BC Reg 215/2006).
(3) Subject to the regulations and to any limitations, terms and conditions that may be imposed by the minister under subsection (4), a park ranger is responsible for enforcing compliance with
(a) this Act and the regulations, and
(b) other prescribed enactments
within parks, recreation areas and any land, trail, path or waterway comprised in an order under section 6 (1).
Section 4 (3) BEFORE amended by 2008-33-6, effective March 6, 2009 (BC Reg 64/2009).
(3) Subject to the regulations and to any limitations, terms and conditions that may be imposed by the minister under subsection (4), a park ranger is responsible for enforcing compliance with
(a) this Act and the regulations, and
(b) other prescribed enactments
Section 4.1 (d) BEFORE repealed by 2006-25-4, effective July 14, 2006 (BC Reg 215/2006).
(d) a band, as defined in the Indian Act (Canada), or another legal entity representing an aboriginal community;
Section 5 (1) BEFORE amended by 2006-25-6(a), effective July 14, 2006 (BC Reg 215/2006).
(1) The Lieutenant Governor in Council may
(a) establish an area of Crown land as a Class A, Class B or Class C park, or as a recreation area, or
(b) designate an area in a park or recreation area as a nature conservancy area,
and declare the name by which the park, recreation area, or nature conservancy area is to be known.
Section 5 (3) BEFORE amended by 2012-9-14(a), effective May 14, 2012 (Royal Assent).
(3) The parks named and described in Schedules C and D of the Protected Areas of British Columbia Act are continued as Class A parks, and are dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public.
Sections 5 (5) and (6) BEFORE amended by 2012-9-14(b), effective May 14, 2012 (Royal Assent).
(5) The Lieutenant Governor in Council may, by order, extend the boundaries of any park, or consolidate 2 or more of the parks, continued or established under subsection (3).
(6) Except as permitted by subsection (5), the boundaries of a park continued or established under subsection (3) must not be affected except by an Act of the Legislature.
Section 7 (1) BEFORE amended by 2006-25-7 and 8, effective July 14, 2006 (BC Reg 215/2006).
(1) The Lieutenant Governor in Council may cancel or reestablish any park or recreation area established under this Act, and may revise the boundaries of a park or recreation area to
(a) increase or decrease the area of the park or recreation area,
(b) consolidate 2 or more parks or recreation areas, or
(c) divide an existing park or recreation area into 2 or more parks or recreation areas.
Section 7 (1) BEFORE amended by 2012-9-15(a), effective May 14, 2012 (Royal Assent).
(1) The Lieutenant Governor in Council may cancel or reestablish any park, conservancy or recreation area established under this Act, and may revise the boundaries of a park, conservancy or recreation area to
(a) increase or decrease the area of the park, conservancy or recreation area,
(b) consolidate 2 or more parks, conservancies or recreation areas, or
(c) divide an existing park, conservancy or recreation area into 2 or more parks, conservancies or recreation areas.
Section 7 (2) BEFORE amended by 2012-9-15(b), effective May 14, 2012 (Royal Assent).
(2) Subsection (1) does not apply to a park referred to in section 5 (3).
Section 7.1 (2) BEFORE amended by 2006-25-9, effective July 14, 2006 (BC Reg 215/2006).
(2) All or part of the boundary of a park, nature conservancy area or recreation area may be described by reference to
(a) one or more official plans,
(b) metes and bounds descriptions,
(c) lot or parcel descriptions, or
(d) any combination of the means referred to in paragraphs (a) to (c).
Section 7.2 BEFORE amended by 2006-25-9, effective July 14, 2006 (BC Reg 215/2006).
7.2 An order of the Lieutenant Governor in Council under this Act establishing or modifying a park, nature conservancy area or recreation area must be published in the Gazette.
Section 9 (8) BEFORE repealed by 2004-22-61, effective January 12, 2005 (BC Reg 529/2004).
(8) Subsection (6) does not apply to minerals, as defined in the Mineral Tenure Act, in or on a recreation area, as defined in section 23 (1) of the Mineral Tenure Act.
Section 9 (5) BEFORE amended by 2006-25-11(a), effective July 14, 2006 (BC Reg 215/2006).
(5) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a park of any class having an area of 2 023 ha or less or in a nature conservancy area must not be granted, sold, removed, destroyed, damaged, disturbed or exploited.
Section 9 (6.1), (9), (10) and (11) were added by 2006-25-11(b), effective July 14, 2006 (BC Reg 215/2006).
Section 9 (5) BEFORE amended by 2014-6-1, effective March 24, 2014 (Royal Assent).
(5) A natural resource other than fish and wildlife taken, hunted or killed in accordance with the Wildlife Act and fish, game or wildlife stalked or pursued for observation or for photographic or study purposes, in a park of any class having an area of 2 023 ha or less or in a designated wildland area must not be granted, sold, removed, destroyed, damaged, disturbed or exploited.
Section 11 (1) and (2) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(1) For the purpose of establishing or enlarging any park or recreation area, the minister, on behalf of the government, with the approval of the Lieutenant Governor in Council, may do one or more of the following:
(a) purchase or otherwise acquire, accept and take possession of land, improvements on land, timber, timber rights and other rights;
(b) grant, convey or transfer to any person, in exchange for land, improvements, or timber acquired under paragraph (a), other land, timber or rights of the government.
(2) For the purpose of establishing or enlarging a park or recreation area, the minister may expropriate
(a) land,
(b) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,
(c) rights under a claim, as defined in the Mineral Tenure Act, of the recorded holder of the claim,
(d) rights under a Crown granted 2 post claim of its owner, as defined in the Mineral Tenure Act,
(e) rights under a lease, as defined in the Coal Act, of the lessee under the lease, or
(f) rights under a licence, as defined in the Coal Act, of the licensee.
Section 11 (2.1), (2.2), (2.3) and (2.4) were added by 2007-27-1(b), effective May 31, 2007 (Royal Assent).
Section 11 (3) BEFORE amended by 2007-27-1(c), effective May 31, 2007 (Royal Assent).
(3) In subsection (2), "Crown granted 2 post claim" has the same meaning as in the Mineral Tenure Act.
Section 11 (2.3) (part) BEFORE amended by 2010-12-53(b), effective June 9, 2011 (BC Reg 104/11).
the portion of Crown land required is deleted from the applicable area under paragraph (a), (b), (c), (d) or (e) effective on the date the park, conservancy or recreation area is established.
Section 11 (3) definition of "first nations woodland licence area" was added by 2010-12-53(c), effective June 9, 2011 (BC Reg 104/11).
Section 11 (3) definition of "forest tenure" BEFORE amended by 2010-12-53(d), effective June 9, 2011 (BC Reg 104/11).
"forest tenure" means the right to harvest Crown timber in an agreement referred to in section 12 (1) (a), (c), (d), (e) or (g) or (2) (a) of the Forest Act;
Section 11 (2) (g) BEFORE amended by 2021-38-71, effective July 15, 2023 (BC Reg 156/2023).
Section 11 (2.2) (c) BEFORE repealed by 2021-38-72, effective July 15, 2023 (BC Reg 156/2023).
(c) in relation to a right referred to in subsection (2) (g), in accordance with section 60.92 of the Forest Act, as if the expropriation were the result of an order under section 60, 60.01, 60.2, 60.3 or 60.4 of that Act.
Section 11 (2.3), (2.4) and (3) BEFORE amended by 2021-38-74, effective July 15, 2023 (BC Reg 156/2023).
(2.3) If the establishment or enlargement of a park, conservancy or recreation area requires Crown land in a
(d) community forest agreement area,
(d.1) first nations woodland licence area, or
the portion of Crown land required is deleted from the applicable area under paragraph (a), (b), (c), (d), (d.1) or (e) effective on the date the park, conservancy or recreation area is established.
(2.4) The holder of a forest tenure affected by a deletion under subsection (2.3) is entitled to compensation in accordance with sections 60 to 60.4, 60.51 to 60.9 and 80.01 of the Forest Act.
"community forest agreement area" has the same meaning as in the Forest Act;
"Crown granted 2 post claim" has the same meaning as in the Mineral Tenure Act;
"first nations woodland licence area" has the same meaning as in the Forest Act;
"forest tenure" means the right to harvest Crown timber in an agreement referred to in section 12 (1) (a), (c), (d), (e), (e.1) or (g) or (2) (a) of the Forest Act;
"timber licence area" means an area of land that is described under section 30 (a) of the Forest Act for a timber licence;
"timber supply area" has the same meaning as in the Forest Act;
"tree farm licence area" has the same meaning as in the Forest Act;
"woodlot licence area" has the same meaning as in the Forest Act.
Section 12 (1) BEFORE amended by 2003-98-2, effective December 2, 2003 (Royal Assent).
(1) On the establishment of a park, the minister must specify the park to be in one of the following categories:
(a) category 1, if the main purpose of its designation is the preservation of its particular atmosphere, environment or ecology;
(b) category 2, if the main purpose of its establishment is the preservation and presentation to the public of specific features of scientific, historic or scenic nature;
(c) category 3, if the main purpose of its establishment is to offer enjoyment, convenience and comfort to the travelling public;
(d) category 4, if the main purpose of its establishment is to offer recreational opportunity to the public of a particular community or area;
(e) category 5, if the main purpose of its establishment is to offer opportunities to participate in a specific recreational activity;
(f) category 6, if the area is established a park for 2 or more purposes.
Section 12 (4) BEFORE repealed by 2006-25-12, effective July 14, 2006 (BC Reg 215/2006).
(4) A person must not, except as may be authorized by a resource use permit, carry on any work or improvement or any industrial or commercial enterprise on any recreation area.
Section 13 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
13 A person must not construct, install, erect or place any structure, improvement or work of any nature in a park or recreation area, except under the authority of a valid and subsisting park use permit or resource use permit.
Section 14 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
14 A person must not transport any garbage, refuse or domestic or industrial waste through, over, in or on any park or recreation area or deposit any of that material in or on any park or recreation area, except as may be authorized by a valid and subsisting park use permit or resource use permit.
Section 15 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
15 All timber cut on or removed from any park or recreation area must be disposed of in accordance with the Forest Act.
Section 16 (a) to (d) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(a) use or occupy land in a park or recreation area for a log storage area, mill site, road, right of way, disposal area for tailings or waste or any other industrial purpose;
(b) obtain any surface right or right to the use or occupancy of the surface of any land in a park or recreation area;
(c) exercise in a park or recreation area any right under the Mineral Tenure Act, the Coal Act or the Petroleum and Natural Gas Act;
(d) flood any part of a park or recreation area, or impound, divert or distribute water in a park or recreation area;
Section 16 (e) BEFORE amended by 2006-25-13, effective July 14, 2006 (BC Reg 215/2006).
(e) establish or carry on any commercial or industrial activity or enterprise in a park or recreation area.
Section 17 (a), (b) and (d) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(a) enter on and inspect any land, road, structure or work in a park or recreation area;
(b) order the repair, alteration, improvement, evacuation or removal of or addition to a structure or work in a park or recreation area;
(d) require any person in any park or recreation area to inform the director or officer of
(i) the person's name, address and occupation,
(ii) any fact or intention relating to the person's use of the park or recreation area, and
(iii) the person's conduct and activities in the park or recreation area.
Section 17 (c) BEFORE amended by 2006-25-14, effective July 14, 2006 (BC Reg 215/2006).
(c) order any person in any park or recreation area to cease or refrain from any action, omission or conduct that a director or park or recreation area officer, in his or her discretion, considers dangerous to life or property or detrimental to the public interest;
Section 17 (c) BEFORE amended by 2023-10-751, effective March 30, 2023 (Royal Assent).
(c) order any person in any park, conservancy or recreation area to cease or refrain from an action, an omission or conduct that the director or park officer, in his or her discretion, considers dangerous to life or property or detrimental to the public interest;
Section 18 BEFORE amended by 2003-90-16, effective November 20, 2003 (Royal Assent).
18 If a lawful order of a director or an officer of the department under section 17 is not carried out or is only partially or imperfectly carried out,
Section 19 (1) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(1) No person may
(a) acquire any right or title to or interest in
(i) any natural resource removed, disturbed, destroyed, damaged or exploited in contravention of this Act, or
(ii) any structure, improvement or work constructed, installed, erected or placed in a park or recreation area in contravention of this Act, or
(b) acquire any lien on or in respect of, or any claim against any person or the government in respect of any work or expenditure done or incurred in connection with a natural resource, structure, improvement or work referred to in paragraph (a) (i) or (ii).
Section 20 BEFORE re-enacted by 2003-90-17, effective November 20, 2003 (Royal Assent).
Minister or agent may issue park use permits
20 (1) Subject to this Act and on payment of the fees set by the Lieutenant Governor in Council, the minister or the minister's authorized agent may issue a park use permit authorizing, on the terms and conditions the minister or authorized agent may specify, a person or persons to do any one or more things for which, under this Act, a park use permit is required.
(2) The minister or the minister's authorized agent may issue a park use permit
(a) on receiving an application and appropriate fees for it without public competition, or
(b) after advertisement of an intention to issue the permit and competition for it in accordance with regulations made by the Lieutenant Governor in Council.
(3) A park use permit must not be issued to authorize the offering of goods, services, accommodation or equipment for sale, hire or rent to the public until advertisement of the intention to issue the permit has been published in the Gazette and in one issue of a newspaper circulated in British Columbia.
(4) If an advertisement of intention to issue a park use permit to authorize the offering of goods, services, accommodation or equipment for sale, hire or rent to the public has been published, and whether or not public competition takes place, the permit must not be issued without written approval of a majority of a committee composed of the deputy minister as chair and 2 permanent employees of the department appointed by a director.
(5) Subject to this Act and the regulations, and on payment of the fees set by the Lieutenant Governor in Council, the minister may issue a resource use permit authorizing, on the terms and conditions the minister may specify, a person to do any one or more things for which, under this Act, a resource use permit is required.
Section 20 (1), (2) and (3) BEFORE amended by 2012-9-16, effective January 30, 2018 (BC Reg 233/2017).
(1) Subject to this Act and only on receiving payment of the prescribed fees, the minister may issue a permit authorizing, on terms and conditions the minister may specify, a person to do anything for which a permit is required under this Act.
(2) The minister may issue a permit under subsection (1)
(a) on receiving an application for the permit and without a public competition for it, or
(b) after advertisement of an intention to issue the permit in accordance with subsection (3) (a) and with a public competition for the permit.
(3) Despite subsection (2) (a) but subject to subsection (4), a permit may not be issued to authorize the offering of goods, services, accommodation or equipment for sale, hire or rent to the public unless the following conditions are met:
(a) advertisement of the intention to issue the permit has been published in at least one issue of a newspaper circulated in
(i) that part of British Columbia in which the offering of goods, services, accommodation or equipment for sale, hire or rent to the public will occur under the permit, or
(ii) if the minister so requires, all of British Columbia or in a part of British Columbia different from that described in subparagraph (i);
(b) written approval for issuing the permit is given by a majority of a committee composed of
(i) the deputy minister, or his or her designate, as chair, and
Section 20 (3.1), (3.2) and (3.3) were added by 2012-9-16, effective January 30, 2018 (BC Reg 233/2017).
Section 20 (4) BEFORE repealed by 2012-9-16, effective January 30, 2018 (BC Reg 233/2017).
(4) The minister may waive the requirements of subsection (3) if the permit to be issued is
(a) a permit under section 30,
(b) in respect of the activities of an angling guide or guide outfitter, or
(c) for a term of not more than one year, is in respect of activities other than those described in paragraph (b) and will not authorize or involve the construction or installation of any improvements.
Section 21 BEFORE re-enacted by 2003-90-17, effective November 20, 2003 (Royal Assent).
Applications and assurances required for certain permits
21 A park use permit or resource use permit must not be issued to authorize the removal, destruction, disturbance, damaging or exploitation of any natural resource or any work, occupancy, undertaking or activity incidental to it unless
(a) a written application has been made for it by the person to whom the permit is issued, and
(b) the application is accompanied by an undertaking in writing, executed by the person to whom the permit is issued, to pay to the government, in addition to any other sums that may be or become payable under any other Act,
(i) the cost incurred by the government in surveying, cruising, examining and inspecting the area to be affected, and
(ii) the annual park use permit or resource use permit fee or fees set by the Lieutenant Governor in Council.
Section 22 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
22 Before issuing a park use permit or resource use permit, the minister or the minister's authorized agent may require the person to whom it is intended to issue the permit to pay to the government a sum that the minister or that agent considers sufficient to defray the cost of the restoration or repair of the park or recreation area concerned necessitated by the use authorized by the permit.
Section 24 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
24 Every right, title and interest in any structure, improvement or installation in a park or recreation area belongs to the government except as otherwise provided by a park use permit or resource use permit.
Section 25 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
25 A person or party must not be permitted to acquire any property right in any park or recreation area except under a park use permit or resource use permit as provided for in regulations.
Section 26 BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
26 Lawful occupiers of improvements that are the property of the government in a park or recreation area are exempt from taxes under any Act of British Columbia in respect of the improvements.
Section 27 (1) BEFORE amended by 2006-25-16, effective July 14, 2006 (BC Reg 215/2006).
(1) The minister, on behalf of the government, may accept gifts or bequests of money or other property for park purposes.
Section 27 (1) BEFORE amended by 2008-10-78, effective April 1, 2008 [retro from May 1, 2008 (Royal Assent)].
(1) The minister, on behalf of the government, may accept gifts or bequests of money or other property for park or conservancy purposes.
Section 27 (3) was added by 2008-10-78, effective April 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 28 (5) and (6) BEFORE amended by 2004-30-13, effective April 29, 2004 (Royal Assent).
(5) The time limit for laying an information for an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the minister's attention.
(6) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,
(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and
(b) is proof of the certified facts unless there is evidence to the contrary.
Section 28 (5) (b) BEFORE amended by 2005-2-15, effective February 22, 2005 (Royal Assent).
(b) if the minister issues a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
Section 29 BEFORE re-enacted by 2003-90-19, effective November 20, 2003 (Royal Assent).
Power to make regulations
29 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the regulations may provide for one or more of the following:
(a) administering, protecting and developing the land, trail, path or waterway comprised in an order under section 6 (1), or of parks or recreation areas;
(b) prohibiting hunting, fishing, trapping or carrying or discharging any firearm on any land, trail, path or waterway comprised in an order under section 6 (1), or in a park or recreation area;
(c) prohibiting killing, hunting, angling for or otherwise taking or disturbing any animal, fish or bird, or the animals, fish and birds specified in regulations, on any land, trail, path or waterway comprised in an order under section 6 (1), or in a park or recreation area;
(d) setting the number, age and sex of specified animals, fish and birds that may be taken by a person within any specified period on any land, trail, path or waterway comprised in an order under section 6 (1), or in a park or recreation area;
(e) designating the period during which any animal, fish or bird may be hunted or taken on any land, trail, path or waterway comprised in an order under section 6 (1), or in a park or recreation area;
(f) requiring a special licence, park use permit or resource use permit to hunt or to fish on any land, trail, path or waterway comprised in an order under section 6 (1), or in a park or recreation area;
(g) delegating administrative authority to the minister;
(h) designating zones in recreation areas, and allocating them to specific uses and activities;
(i) prohibiting or regulating and controlling the exploitation, development, extraction or use of natural resources and the actions, conduct and behaviour of any person, on any recreation area or in any portion of any recreation area;
(j) attaching penalties for contravention of the regulations;
(k) imposing fees.
Section 29 (3) (j) BEFORE amended by 2006-25-2, effective July 14, 2006 (BC Reg 215/2006).
(j) restricting the application of the Wildlife Act in parks and recreation areas;
Section 29 (3) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(3) Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:
(a) for the administration, management, control, protection and development of a park or recreation area and the natural resources in a park or recreation area;
(b) respecting the protection of fauna, flora, soil, waters, fossils, natural features, air quality and cultural heritage resources in a park or recreation area;
(c) prohibiting or regulating and controlling, in a park or recreation area, any of the following:
(i) the possession or discharge of an explosive or of a firearm, bow, crossbow or any other weapon;
(ii) killing, hunting, trapping, angling for, or otherwise taking or disturbing, any animal, fish or bird, or the animals, fish and birds specified in the regulations, including, without limitation,
(A) setting the number, age and sex of specified animals, fish and birds that may be taken by a person within any specified period in the park or recreation area,
(B) designating the period during which any animal, fish or bird may be hunted, angled for or taken in the park or recreation area, and
(C) requiring a special licence under another enactment, a park use permit or a resource use permit to hunt, trap, angle for or otherwise take any animal, fish or bird in the park or recreation area;
(iii) guiding or the offering of guiding services;
(iv) the presence of pets, domestic animals, draft or riding animals or any other specified animals;
(v) access to the park or recreation area, including, without limitation, access by air;
(vi) persons and their activities or use of facilities in the park or recreation area, including, without limitation,
(A) prohibiting or regulating and controlling guiding activities or sports and leisure activities, camping or the lighting, fuelling or making use of fires,
(B) prohibiting or regulating and controlling the actions, activities, conduct and behaviour of any person, or any person for whom another person is made responsible under the regulations, and
(C) regulating and controlling groups and the number of persons permitted to use facilities in, or to travel through, the park or recreation area;
(vii) the exploitation, development, extraction or use of natural resources on or in the park or recreation area;
(viii) vehicular traffic, parking, speed and operation, including, without limitation, the use or presence of any vehicle on any road, highway, trail or elsewhere in the park or recreation area and providing for the towing and impoundment of vehicles in contravention of the regulations;
(d) respecting the powers, responsibilities and duties of a park officer or park ranger in managing a park or recreation area and in enforcing the laws that apply to, and in respect of, a park or recreation area, and prescribing enactments for the purposes of section 4 (3) (b);
(e) respecting the design, construction or modification of, and the posting of signs on, in or around, a park or recreation area and related facilities and premises;
(f) establishing fees payable to the government for a park use permit or resource use permit, including application fees and fees for processing and administering the permits;
(g) establishing fees, rates and charges payable to the government or to another person for
(i) use of a park or recreation area or a natural resource or facility of a park or recreation area including, without limitation, any land, campsite, road, parking facility, structure, work, installation or other improvement, and
(ii) maps, informational material, promotional or educational products or services sold or otherwise provided by the government or another person in a park or recreation area;
(h) providing for the collection of the fees, rates and charges under paragraphs (f) and (g);
(i) prescribing uses and services to be provided or permitted for the fees, rates and charges established under paragraph (g);
(j) restricting the application of the Wildlife Act in parks and recreation areas;
(k) respecting the conduct of proceedings of park boards for Class C parks and for the management, administration, regulation and control of Class C parks by those boards.
Section 29 (4) BEFORE amended by 2006-25-8, effective July 14, 2006 (BC Reg 215/2006).
(4) A regulation under subsection (3) may be made in relation to one or more parks or recreation areas or a class of parks or recreation areas or be made specific to a particular portion of one or more parks or recreation areas.
Section 29 (3) (g) BEFORE amended by 2008-10-79, effective April 1, 2008 [retro from May 1, 2008 (Royal Assent)].
(g) establishing fees, rates and charges payable to the government or to another person for
(i) use of a park, conservancy or recreation area or a natural resource or facility of a park, conservancy or recreation area including, without limitation, any land, campsite, road, parking facility, structure, work, installation or other improvement, and
(ii) maps, informational material, promotional or educational products or services sold or otherwise provided by the government or another person in a park, conservancy or recreation area;
Section 29 (3) (g) and (i) BEFORE repealed by 2008-10-80, effective March 31, 2009 (BC Reg 141/2009).
(g) establishing fees, rates and charges payable to the government or to another person for
(i) use of a park, conservancy or recreation area or a natural resource or facility of a park, conservancy or recreation area including, without limitation, any land, campsite, road, parking facility, structure, work, installation or other improvement;
(ii) [Repealed 2008-10-79.]
(i) prescribing uses and services to be provided or permitted for the fees, rates and charges established under paragraph (g);
Section 29 (3) (h) BEFORE amended by 2008-10-80, effective March 31, 2009 (BC Reg 141/2009).
(h) providing for the collection of the fees, rates and charges under paragraphs (f) and (g);
Section 29.1 was enacted by 2008-10-81, effective April 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 29.2 (4) (b) BEFORE amended by 2012-9-18, effective May 14, 2012 (Royal Assent).
(b) for the purposes of exemptions under paragraph (a), grant a discretion to a park officer.
Section 30 (5) (a) and (c) BEFORE amended by 2003-55-108, effective January 31, 2004 (BC Reg 7/2004).
(a) a range tenure that
(i) was issued under section 5, 6, 8 or 9 of the Range Act with respect to the Schedule D park, and
(ii) was in effect on the establishment date for the Schedule D park,
continues as the applicable form of range tenure, and must be administered and managed in accordance with the Range Act and the Forest Practices Code of British Columbia Act,
(c) range tenures under paragraph (a) or (b) may be transferred, renewed, replaced, suspended, cancelled, amended, consolidated, partitioned and subdivided in accordance with the Range Act and the Forest Practices Code of British Columbia Act.
Section 30 (5) (a) BEFORE amended by 2004-71-83, effective March 31, 2005 (BC Reg 116/2005).
(a) a range tenure that
(i) was issued under section 5, 6, 8 or 9 of the Range Act with respect to the Schedule D park, and
(ii) was in effect on the establishment date for the Schedule D park,
continues as the applicable form of range tenure, and must be administered and managed in accordance with the Range Act and the Forest and Range Practices Act,
Section 30 (1) definition of "establishment date" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
"establishment date" means the date on which a Schedule D park was established
(a) as a park by or under this Act,
(b) as a park by the Protected Areas of British Columbia Act, or
(c) as a park or protected area under the Environment and Land Use Act
whichever is earlier;
Section 33 (1) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(1) Despite anything in this Act but subject to this section, an authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park or recreation area.
Section 33 (3) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(3) An authorization, drilling licence, permit, lease or other right referred to in subsection (1) may be issued or granted only if the proposed authorization, drilling licence, permit, lease or other right
(a) does not permit, authorize or allow entry on or occupation, use or disturbance of the surface of land within the park or recreation area, and
(b) does not grant any surface rights to land within the park or recreation area.
Section 33 (5) and (6) BEFORE amended by 2006-25-7, effective July 14, 2006 (BC Reg 215/2006).
(5) A person to whom an authorization, drilling licence, permit, lease or other right is issued or granted in accordance with this section
(a) must not enter on or occupy, use or disturb the surface of the land within the park or recreation area for purposes of any authorized or permitted exploration for, or development or production of, petroleum or natural gas,
(b) must not authorize, direct or permit any other person to enter on or occupy, use or disturb the surface of the land within the park or recreation area for purposes described in paragraph (a), and
(c) must comply with all other terms and conditions imposed in the authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act.
(6) If the person referred to in subsection (5), or any other person acting on behalf of that person, contravenes subsection (5) (a) or (b), the minister may order either or both persons
(a) to cease or refrain from any or all exploration for, and development and production of, petroleum and natural gas in or from the park or recreation area,
(b) to restore the surface of the land that is affected by the contravention within the park or recreation area to a condition satisfactory to the minister,
(c) to do or refrain from doing anything else the minister considers necessary to restore, or to prevent further damage or harm to, the park or recreation area or the natural resources of the park or recreation area, and
(d) to pay to the government an amount of money as compensation for the cost of any remedial or preventative action taken by, or caused to be taken on behalf of, the government as a result of the contravention
Section 33 (1) to (5) BEFORE amended by 2008-36-151, effective October 4, 2010 (BC Reg 274/2010).
(1) Despite anything in this Act but subject to this section, an authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park, conservancy or recreation area.
(2) A person to whom an authorization, drilling licence, permit, lease or other right referred to in subsection (1) is issued or granted need not obtain a park use permit or resource use permit from the minister under this Act for the exploration, development or production activities so authorized or permitted.
(3) An authorization, drilling licence, permit, lease or other right referred to in subsection (1) may be issued or granted only if the proposed authorization, drilling licence, permit, lease or other right
(a) does not permit, authorize or allow entry on or occupation, use or disturbance of the surface of land within the park, conservancy or recreation area, and
(b) does not grant any surface rights to land within the park, conservancy or recreation area.
(4) If an authorization, drilling licence, permit, lease or other right referred to in subsection (1) conflicts or is inconsistent with subsection (3) (a) or (b), the authorization, drilling licence, permit, lease or other right is void to the extent of the conflict or inconsistency.
(5) A person to whom an authorization, drilling licence, permit, lease or other right is issued or granted in accordance with this section
(a) must not enter on or occupy, use or disturb the surface of the land within the park, conservancy or recreation area for purposes of any authorized or permitted exploration for, or development or production of, petroleum or natural gas,
(b) must not authorize, direct or permit any other person to enter on or occupy, use or disturb the surface of the land within the park, conservancy or recreation area for purposes described in paragraph (a), and
(c) must comply with all other terms and conditions imposed in the authorization, drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act.
Section 33 (1) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(1) Despite anything in this Act but subject to this section, a drilling licence, permit, lease or other right under the Petroleum and Natural Gas Act or a permit under the Oil and Gas Activities Act may be issued or granted to a person for purposes of exploration for, or development or production of, petroleum or natural gas in or from the subsurface of land within a park, conservancy or recreation area.