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B.C. Reg. 593/2004, deposited December 13, 2004, pursuant to the OFFENCE ACT [Section 132]. Order in Council 1219/2004, approved and ordered December 11, 2004.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix.
— P. G. PLANT, Attorney General and Minister Responsible for Treaty Negotiations; S. BOND, Presiding Member of the Executive Council.
Appendix
1 Section 3 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended by striking out "Schedule 2 or Schedule 3" and substituting "Schedule 2, Schedule 3 or Schedule 4".
2 The following section is added:
6 (1) For the purposes of Part 11 of the Forest and Range Practices Act, the fines for offences against the Forest Practices Code of British Columbia Act and its regulations are those set out in Schedule 4.
(2) For the contravention of an enactment listed in column 1 of Schedule 4,
(a) Column 2 sets out the description of the offence for the purposes of section 3,
(b) Column 3 prescribes, for the purposes of sections 14 and 16 (1) of the Offence Act, the fine for the contravention,
(c) Column 4 sets out the victim surcharge levy that must be paid with the fine for that contravention, and
(d) Column 5 sets out the ticketed amount for that contravention.
3 Schedule 1 is amended
(a) in item 1 by adding the following paragraph after the heading "The provisions, referred to in Column 1 of Schedule 2, of the following enactments:":
| (f.1) | Forest and Range Practices Act and regulations |
(b) in item 10 by adding the following paragraph:
| (a.1) | Forest and Range Practices Act and the regulations made under the Forest and Range Practices Act |
and
(c) by striking out item 18 and substituting the following:
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| 18 | A person designated as an official under section 1 of the Forest Practices Code of British Columbia Act or as an official under section 1 of the Forest and Range Practices Act |
Sections 12 (2) and 13 of the Environmental Management Act | |
| The provisions, referred to in Column 1 of Schedule 2, of the following enactments: | |||
| (a) | the Forest Practices Code of British Columbia Act | ||
| (b) | the Forest and Range Practices Act | ||
| (c) | Forest Fire Prevention and Suppression Regulation, B.C. Reg. 169/95 | ||
| (d) | Forest Recreation Regulation, B.C. Reg. 16/2004 | ||
| (e) | Forest Service Road Use Regulation, B.C. Reg. 173/95 | ||
| (f) | Forest Service Road Use Regulation, B.C. Reg. 70/2004 | ||
| (g) | Range Practices Regulation, B.C. Reg. 177/95 | ||
| (h) | Range Planning and Practices Regulation, B.C. Reg. 19/2004 | ||
| (i) | Silviculture Practices Regulation, B.C. Reg. 108/98 | ||
| (j) | Timber Harvesting and Silviculture Practices Regulation, B.C. Reg. 352/2002 | ||
4 Schedule 2 is amended
(a) under the heading "Forest Act", by striking out the items for sections 139 and 163 and substituting the following:
| section 89 (1) (b) | Brand timber which is not marked and scaled | $150 | $23 | $173 |
| section 93.1 | Misrepresent as an authorized scaler | $150 | $23 | $173 |
| section 127 | Unauthorized export of timber | $150 | $23 | $173 |
(b) by adding the following before the heading for "Forest Practices Code of British Columbia Act":
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| Forest Planning and Practices Regulation, B.C. Reg. 14/2004 | ||||
| section 63 (1) | Fertilizer within 100 m of licensed waterworks | $150 | $23 | $173 |
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| Range Planning and Practices Regulation, B.C. Reg. 19/2004 | ||||
| section 33 (1) | Livestock in riparian area | $150 | $23 | $173 |
| section 35 | Fail to remove dead livestock | $150 | $23 | $173 |
| section 40 (1) | Fail to maintain range development | $100 | $15 | $115 |
| section 42 (2) (a) | Fail to tag livestock | $100 | $15 | $115 |
| section 42 (2) (b) | Fail to report loss of tags | $100 | $15 | $115 |
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| Woodlot Licence Planning and Practices Regulation, B.C. Reg. 21/2004 | ||||
| section 51 (1) | Fertilizer within 100 m of licensed waterworks | $150 | $23 | $173 |
(c) by striking out the heading "Forest Recreation Regulation, B.C. Reg. 58/99" and the items under it and substituting the following:
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| Forest Recreation Regulation, B.C. Reg. 16/2004 | ||||
| section 6 (1) | Illegal use of vehicle or equipment on recreation site | $100 | $15 | $115 |
| section 6 (2) | Exceed 20 km/h | $100 | $15 | $115 |
| section 6 (3) | Illegal parking | $50 | $8 | $58 |
| section 7 (1) (a) | Fail to wear bicycle safety helmet | $25 | $4 | $29 |
| section 7 (1) (b) | Fail to wear motorcycle safety helmet | $100 | $15 | $115 |
| section 8 | Illegal discharge of holding tank | $100 | $15 | $115 |
| section 9 | Illegal disposal of litter | $75 | $11 | $86 |
| section 10 | Illegal disposal of game residue | $75 | $11 | $86 |
| section 11 | Illegal use of traps, firearms, bows or crossbows | $100 | $15 | $115 |
| section 12 (1) (a) | Pet threatening life, safety or property | $100 | $15 | $115 |
| section 12 (1) (b) | Pet causing disturbance | $50 | $8 | $58 |
| section 13 (1) | Unauthorized stay exceeding 14 days | $50 | $8 | $58 |
| section 14 | Unauthorized removal of firewood | $50 | $8 | $58 |
| section 15 (1) | Unauthorized construction of structure | $100 | $15 | $115 |
| section 16 | Unauthorized use of site, trail or area | $50 | $8 | $58 |
| section 17 (a) | Damage to facilities, structures or natural resources | $100 | $15 | $115 |
| section 17 (b) | Unauthorized moving of a structure | $50 | $8 | $58 |
| section 18 (1) | Deliberate or unnecessary disturbance | $100 | $15 | $115 |
| section 18 (2) | Disturbance between 11:00 p.m. and 7:00 a.m | $100 | $15 | $115 |
| section 20 (6) | Fail to comply with limitation on occupancy and use | $50 | $8 | $58 |
| section 23 (2) | Fail to vacate site, trail or area upon lawful order | $100 | $15 | $115 |
| section 23 (2) | Unauthorized entry to site, trail or area | $100 | $15 | $115 |
(d) by striking out the heading "Forest Service Road Use Regulation, B.C. Reg. 173/95" and substituting "Forest Service Road Use Regulation, B.C. Reg. 70/2004",
(e) by striking out the heading "Range Practices Regulation, B.C. Reg. 177/95" and the items under it, and
(f) by striking out the heading "Silviculture Practices Regulation, B.C. Reg. 179/95" and the items under it, and
5 The following Schedule 4 is added:
Schedule 4
| 1 | 2 | 3 | 4 | 5 |
| Provision | Contravention | Fine | Victim Surcharge Levy |
Ticketed Amount |
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| Forest Service Road Use Regulation, B.C. Reg. 173/95 | ||||
| section 3 (3) | Snowmobile illegally on forest service road | $50 | $8 | $58 |
| section 4 | Speed on forest service road | $75 | $11 | $86 |
| section 5 (1) | Fail to properly transmit location | $75 | $11 | $86 |
| section 6 (3) | Erect traffic control device without authority | $75 | $11 | $86 |
| section 6 (4) | Damage or remove traffic control device | $75 | $11 | $86 |
| section 6 (5) | Disobey traffic control device | $75 | $11 | $86 |
| section 7 | Vehicle not maintained to standards | $100 | $15 | $115 |
| section 8 | Unlicensed industrial vehicle not properly marked | $75 | $11 | $86 |
| section 10 (1) | Damage forest service road | $150 | $23 | $173 |
| section 11 (1) | Construct works without permit | $150 | $23 | $173 |
| section 12 (1) | Use forest service road without required insurance | $300 | $45 | $345 |
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| Range Practices Regulation, B.C. Reg. 177/95 | ||||
| section 5 (1) | Fail to maintain range development | $100 | $15 | $115 |
| section 6 (1) | Tracks or wheels within 5 m of stream bank | $100 | $15 | $115 |
| section 6 (3) | Fuel machinery in riparian area | $150 | $23 | $173 |
| section 7 (1) | Fail to remove livestock | $150 | $23 | $173 |
| section 7 (3) | Livestock in riparian area | $150 | $23 | $173 |
| section 7 (4) | Fail to remove dead livestock | $150 | $23 | $173 |
| section 8 (2) | Fail to tag livestock | $100 | $15 | $115 |
| section 8 (3) | Fail to report loss of tags | $100 | $15 | $115 |
| section 8 (4) | Fail to transfer tags | $100 | $15 | $115 |
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| Silviculture Practices Regulation, B.C. Reg. 179/95 | ||||
| section 8 | Pesticide within 100 m of domestic water intake | $150 | $23 | $173 |
| section 10 | Fail to maintain 10 m pesticide free zone around streams | $150 | $23 | $173 |
| section 11 | Fail to halt application in community watershed | $150 | $23 | $173 |
| section 15 | Fertilizer within 100 m of domestic water intake | $150 | $23 | $173 |
| section 28 (1) | Tracks or wheels within 5 m of stream bank | $100 | $15 | $115 |
| section 28 (3) | Fuel machinery in riparian area | $150 | $23 | $173 |
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| Timber Harvesting and Silviculture Practices Regulation, B.C. Reg. 352/2002 | ||||
| section 11 (1) | Tracks or wheels within 5 m of stream bank | $100 | $15 | $115 |
| section 11 (3) | Fuel machinery in riparian area | $150 | $23 | $173 |
| section 43 (2) | Fertilizer within 100 m of domestic water intake | $150 | $23 | $173 |
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