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Contents
Part 1 - Definitions
1 Definitions
Part 2 - Public Recreation
Orders On
2 Public
notice of recreation order
Part 3 - Unauthorized Trail
or Recreation Facility Construction
3 Consent
under section 102 of Act not required
4 How
to obtain consent required under section 102 of Act
5 Right
of review
Part 4 - Use of Recreation
Sites, Recreation Trails, Interpretive
6 Operation
of vehicles and equipment
7 Safety
helmet
8 Discharge
of holding tanks
9 Disposal
of refuse
10 Disposal
of game residue
11 Traps
and firearms
12 Pets
13 Duration
of stay at a recreation site
14 Firewood
15 Structures
16 Other
uses requiring authorization
17 Respect
for property and the environment
18 Quiet
and peaceful enjoyment
19 Responsibility
for minors
20 Limitation on occupancy and use
PART 5 - Fees
21 Repealed.
B.C. Reg. 221/03
22 Repealed.
B.C. Reg. 221/03
23 Fee
collection period
24 Fees
for use of recreation site or trail
25 Repealed.
B.C. Reg. 221/03
Part 6 - Enforcement
26 Order
to vacate
27 Offence
Part 1 - Definitions
Definitions
1 (1) In this
regulation:
“Act” means the Forest
Practices Code of British Columbia Act;
“camp” means to occupy a campsite, by
setting up a tent or parking a motor vehicle to remain overnight;
“campground operator” means a person or class of persons
authorized in writing by the district manager to act as a campground operator;
“campsite” means that area within the
developed portion of a recreation site designed to accommodate a person or
party that wishes to camp;
“commuter motor
vehicle” means a
motor vehicle that is used for travelling back and forth from the campsite, and
that is not used for camping;
“developed portion”, when referring to a recreation
site, recreation trail or interpretive forest site, means that portion of the
site or trail that is composed of
(a) any structure that is ancillary to a day use
area, camping area, trail staging area or other similar area, and
(b) a buffer zone consisting of an area that
extends out 100 m in all directions from the structure, except where limited by
the boundary of the recreation site, interpretive forest site or recreation
trail;
“motor vehicle” means any land vehicle intended to be self-propelled,
that is designed primarily for travel on surfaces other than rails, and
includes any trailer or equipment designed to be attached to the vehicle;
“natural resource” means land, water and
atmosphere, their mineral, vegetable and other components and includes the
flora and fauna on and in them;
“newspaper” means a newspaper circulating in
the area to which an order applies, or if no newspaper circulates in the area,
then a newspaper that circulates nearest to the area and includes a newspaper
that is free and that does not have subscribers;
“party” means individuals who
(a) together, form a
group of
(i) not more than six
persons, or
(ii) parents and their
unmarried children under the age of 19, or guardians and their unmarried wards
under the age of 19, and
(b) arrive at a recreation site
(i) in not more than one
motor vehicle, other than motorcycle, unless the additional motor vehicle is a
commuter vehicle or is towed,
(ii) on foot, by bicycle,
motorcycle or watercraft, or
(iii) by a combination of
the means in subparagraphs (i) and (ii);
“senior” means a resident of
“structure” means any improvement of a
long-term or permanent nature and includes any road, parking space, launching
ramp, campsite, cabin, trail tread, bridge, litter barrel shelter, corral,
picnic table, sign, outhouse or fire pit.
(2) For the purposes of section 107 of the Act, the permit referred to
in that section includes a proof of payment referred to in section 24 (8) (c).
May 2000
(B.C. Reg. 152/2000); May 2002 (B.C. Reg. 98/02); June 2003 (B.C. Reg. 221/03)
Part 2 -
Public Recreation Orders on
Public
notice of recreation order
2 (1) Before
establishing, amending or cancelling an order that restricts, prohibits or attaches
a condition to a recreation use on Crown land under section
105 (1) (b) of the Act, the district manager must publish in a
newspaper a notice stating the following:
(a) that an order is
proposed to be established, amended or cancelled under section 105 (1) (b) of
the Act;
(b) the restriction,
prohibition or condition;
(c) the area to which the
order applies;
(d) the date on which the
order takes effect;
(e) the period during
which the order is to remain in effect;
(f) the period during
which, and the address to which, comments may be sent.
(2) When an order is established, amended or cancelled under subsection
(1), for the purposes of section 105 (3) of the Act, the district manager must
publish in a newspaper and post in the area to which the order applies a notice
stating the following:
(a) that an order has been established, amended or cancelled
under section 105 (1) (b) of the Act;
(b) the condition,
restriction or prohibition contained in the notice;
(c) the area to which the
order applies;
(d) the period during
which the order remains in effect.
(3) Despite subsection (2), if the district manager is of the opinion
that the establishment, variance or cancellation of the order does not
significantly affect the public, the district manager does not have to publish
a notice in the newspaper.
Part 3 -
Unauthorized Trail or Recreation Facility Construction
Consent
under section 102 of Act not required
3 (1) For the purposes of section 102 of the Act, the
construction, rehabilitation or maintenance of a trail or recreation facility
does not include
(a) marking a route with
ribbons,
(b) minor, piecemeal
clearing of brush or downed trees, or
(c) emergency repairs to
a trail or recreation facility that are necessary to prevent imminent damage to
the trail or facility.
(2) Despite section 102 of the Act, a person may construct,
rehabilitate or maintain a trail without the consent of the district manager if
doing so is the only reasonable means of minimizing a risk to personal safety.
How to
obtain consent required under section 102 of Act
4 (1) For
the purposes of section 102 (1) of the Act, a person who is required to obtain
the consent of the district manager before constructing, rehabilitating or maintaining
a trail or recreation facility on Crown land must deliver a proposal regarding
the matter to the district manager.
(2) A proposal must contain
(a) the name and address
of the person making the proposal,
(b) the description of
the proposal, including the purpose, location and date of the proposed work,
and
(c) the action requested
of the district manager.
(3) If a proposal fails to meet the requirements of subsection (2), the
district manager must promptly notify the person named in the proposal of that
failure.
(4) Within
60 days of receiving a proposal the district manager must determine whether or
not to consent to it.
(5) The district manager may refuse to consent to a proposal only if he
or she determines that the proposal will result in one or more of the
following:
(a) significant risk to
public safety;
(b) unacceptable damage
to the environment;
(c) unresolvable conflict
with other resource values or uses.
(6) The district manager must promptly notify the person named in the
proposal of the district manger’s determination to consent to,
or to refuse to consent to, the proposal.
Right of
review
5 (1) A person
whose proposal is refused by the district manager under section 4 may have the
refusal reviewed.
(2) The wording of sections 126, 127, 129 and 130 of the Act applies to
the review under subsection (1) of this section as if the review was authorized
under section 127 (1) of the Act.
Part 4 -
Use of Recreation Sites, Recreation Trails, Interpretive
Operation
of vehicles and equipment
6 (1) A
person must obtain prior authorization from a district manager, except in an
emergency, or unless permitted under another Act, before doing any of the
following in a wilderness area:
(a) using a motor vehicle
or a bicycle;
(b) landing an aircraft,
including a helicopter;
(c) using a chain saw,
generator or other motorized equipment.
(2) A person must not operate a motor vehicle or a bicycle on a
recreation site, recreation trail or interpretive forest site in a manner that
is likely to do any of the following:
(a) cause damage to a
structure or natural resource;
(b) endanger, injure or
damage people or property;
(c) harass, injure or
kill wildlife or any other kind of animal.
(3) A person must not operate a motor vehicle on the developed portion
of a recreation site or interpretive forest site at a speed exceeding 20 km/hr.
(4) A person must not park a motor vehicle on a
recreation trail, or on the developed portion of either a recreation site or an
interpretive forest site, in a manner that impedes traffic or inhibits a person
from using the site or trail.
(5) If a motor vehicle has been parked on a recreation trail or on the
developed portion of either a recreation site or an interpretive forest site
contrary to subsection (4), a designated forest official, a designated
environment official or a peace officer may impound the vehicle.
(6) Any costs incurred due to the removal of a motor vehicle under
subsection (5) are a debt owed by the owner of the vehicle to the person who
impounded the vehicle, payable before release of the vehicle.
(7) The person who impounds a vehicle under subsection (5) must
exercise reasonable care to avoid damage to the vehicle, but neither the person
nor the government is liable to the owner for any damage to the vehicle that
arises, directly or indirectly, from that impoundment.
Safety
helmet
7 (1) A
person must properly wear
(a) a bicycle safety
helmet, or
(b) a motorcycle safety
helmet
while operating, or riding as a passenger on, a
bicycle or motorcycle in a recreation site or interpretive forest site or on a
recreation trail.
(2) The provisions of the Motor
Vehicle Act and the regulations made under that Act, with respect to
bicycle safety helmets and motorcycle safety helmets, apply for the purposes of
subsection (1).
Discharge
of holding tanks
8 A person who owns, or
is responsible for, a motor vehicle that has a holding tank must ensure that
the contents of the holding tank are not deposited or discharged at a
recreation site, recreation trail or interpretive forest site, except when
authorized by a designated forest official.
May 2000
(B.C. Reg. 152/2000)
Disposal
of refuse
9 A person must not deposit or otherwise dispose
of any kind of refuse at a recreation site, recreation trail, interpretive forest site or in a wilderness area, except
refuse that the person has accumulated while using the site, trail or area, and
then only if the refuse is deposited in a container provided for that purpose.
Disposal
of game residue
10 Despite section 9, a person must not dispose of
game offal, entrails, hides or bones within the developed portion of either a
recreation site or an interpretive forest site.
Traps
and firearms
11 (1) In
this section “firearm” means a rifle,
shotgun, handgun, spring gun or any device that propels a projectile by means
of an explosion, a spring or compressed gas.
(2) Unless authorized by a
designated forest official, a person must not set a trap, discharge a firearm
or shoot a bow or crossbow
(a) on or into the
developed portion of a recreation site or interpretive forest site, or
(b) on or into any
portion of a recreation trail, if a prohibition against doing so has been
posted at the trail.
(3) The authorization granted under subsection (2) may specify
conditions including the type of devices, time and area, supervision and
purpose.
(4) The regional manager must make available in district and regional
offices a list of trails within the region that are subject to the prohibition
under subsection (2) (b), describing the nature of the prohibitions.
Pets
12 (1) A
person who owns, or is responsible for, a pet must ensure that the pet does
not, while on a recreation site, recreation trail, interpretive forest site or
in a wilderness area
(a) present a threat to a
person’s property or to the life or safety of any person or animal, or
(b) cause an unnecessary
disturbance to other persons or animals.
(2) A designated forest official, a designated environment official or
a peace officer who determines that a person has contravened subsection (1) may
require the person to
(a) keep the pet under
physical restraint, or
(b) remove the pet from
the recreation site, recreation trail, interpretive forest site or wilderness
area.
Duration
of stay at a recreation site
13 (1) A person must not camp at a recreation site for a
period exceeding 14 consecutive days unless authorized by a designated forest
official.
(2) For the purposes of calculating 14 consecutive days under
subsection (1), a period of consecutive days is cumulative unless the person
and their vehicle and equipment, as the case may be, are not present on the
recreation site for a period of at least 72 consecutive hours.
Firewood
14 A
person must not remove firewood from a recreation site, recreation trail, interpretive forest site or wilderness area unless
authorized by a designated forest official.
Structures
15 (1) A person must not erect a structure or post a
sign or a poster on a recreation site, recreation trail, interpretive forest
site or in a wilderness area unless authorized by a designated forest official.
(2) A designated forest official may cause a structure, sign or poster
referred to in subsection (1) to be altered or removed without compensation,
whether or not it was erected or posted with the designated forest official’s
permission.
Other
uses requiring authorization
16 Unless
authorized by a designated forest official, a person must not use
(a) a recreation site,
recreation trail, interpretive forest site or wilderness area for
(i) a competitive
sporting event, or
(ii) a business or
industrial activity, or
(b) a recreation site as
(i) part of a gathering
of 15 or more persons, or
(ii) a place of temporary
residence while engaged in a business or industrial activity outside the site.
Respect
for property and the environment
17 A person must not
(a) in a careless or negligent manner, damage, or
cause any alterations to, a structure or natural resource on a recreation site,
recreation trail or interpretive forest site or in a wilderness area, or
(b) unless authorized by a designated forest official move a
structure that is on a recreation site, recreation trail, interpretive forest
site or in a wilderness area.
Quiet
and peaceful enjoyment
18 (1) A
person using a recreation site, recreation trail, interpretive forest site or
wilderness area must not create or cause a deliberate or unnecessary
disturbance to other persons on the site or trail or in the area.
(2) Without limiting subsection (1), a person using a recreation site
must not make noise between the hours of
Responsibility
for minors
19 A parent, guardian, custodian or other
person in charge of a minor must make a reasonable attempt to stop the minor
from contravening the Act, this regulation or the Forest Fire Prevention and
Suppression Regulation with respect to a recreation site, recreation trail,
interpretive forest site or wilderness area, if requested to do so by a
designated forest official, designated environment official or a peace officer,
and must make the attempt immediately after the request.
Limitations
on occupancy and use
20 (1) A
person who camps at a recreation site where a fee for camping is required under
section 24 must
(a) camp in a campsite;
(b) occupy only one
campsite;
(c) [Repealed.
B.C. Reg. 221/03];
(d) [Repealed.
B.C. Reg. 221/03];
(e) [Repealed.
B.C. Reg. 221/03];
(f) not leave personal
property on a campsite unless the person is camping, under the authority
arising from payment of the camping fee, at that campsite, or has been
authorized to leave the property on the campsite by a designated forest
official.
(2) [Repealed. B.C. Reg. 98/02]]
(3) [Repealed. B.C. Reg. 221/03]
(3.1) [Repealed. B.C. Reg. 221/03]
(3.2) [Repealed. B.C. Reg. 221/03]
(4) A designated forest official
(a) may limit the occupancy of a campsite or
recreation site, including the number of parties and motor vehicles, if the
designated forest official is satisfied that the limit is necessary to
adequately manage the recreation site, and
(b) must take reasonable
steps to make persons who arrive at the recreation site aware of the limit.
(5) A designated forest official may establish rules for the use of a
recreation site, recreation trail or interpretive forest site, other than a
matter referred to in subsection (4), by posting a sign containing the rules to
be followed at the site or trail.
(6) A person, with respect to a sign posted under subsection (5), must
not
(a) contravene the
direction expressed in the sign, or
(b) remove, alter, cover,
destroy or deface the sign.
(7) A designated forest official may, in writing, authorize a
campground operator to close all or part of a recreation site to protect the
public or site.
(8) A person must comply with a prohibition, requirement, limitation,
rule or closure made pursuant to this section.
(9) [Repealed. B.C. Reg. 221/03]
May 2000
(B.C. Reg. 152/2000); May 2002 (B.C. Reg. 98/02); June 2003 (B.C. Reg. 221/03)
Part 5 - Fees
21 [Repealed. B.C. Reg. 221/03]
22 [Repealed. B.C. Reg. 221/03]]
Fee
collection period
23 The fee for overnight camping under
section 24 authorizes camping for 24 hours beginning at
May 2002
(B.C. Reg. 98/02); June 2003 (B.C. Reg. 221/03)
Fees for
use of recreation site or trail
24 (1) In this section, “service” means, in relation to a
recreation site or trail
(a) maintenance and
repair of the recreation site or trail
(b) supervision at the
recreation site or trail,
(c) provision of overnight camping facilities,
parking facilities, boat launch ramps, mooring buoys, warming huts or cabins on
the recreation site or trail,
(d) grooming or setting
ski tracks on the recreation trail, or
(e) provision of similar
improvements for recreation purposes included in the list described in
subsection (5).
(2) The district manager may determine that a fee is required to use a
recreation site or trail if he or she is satisfied that the fee is justified by
the provision of the service at the site or trail.
(3) If a determination is made under subsection (2) the district
manager must set the fee at an amount that does not exceed an amount calculated
in accordance with the following formula
Amount = ac/n
where
AC is the annual cost of providing the
service, estimated by the district manager when the fee is first set for the
year, and
N is the number of times the
service will be used by the public, estimated by the district manager when the
fee is first set for the year.
(4) The district manager may cancel a determination made under
subsection (2), if satisfied that the service provided at the recreation site
or trail does not justify the fee.
(5) The district manager must
(a) make available at district and regional
offices, a list of sites and trails within the region that have fees, including
a description of the services available at those locations and the fee for each
service,
(b) keep that list current with determinations
made under subsection (2) and cancellations made under subsection (4), and
(c) post a sign at the
site or the trail notifying the public that a fee is required and the amount of
the fee.
(6) The
district manager may authorize a person to act as a recreation site or trail
operator, and may rescind the authorization.
(7) On request of a person who is paying or providing proof of payment
to use a recreation site or trail, a recreation site or trail operator must
provide written proof of authorization by the district manager to act under
this section.
(8) The user of a recreation site or trail must
(a) pay a fee to the
recreation site or trail operator to use the recreation site or trail, if the
fee is listed under subsection (5),
(b) provide his or her
name and address and any other information reasonably required by the
recreation site or trail operator to identify the person or party,
(c) produce proof of payment on request of a
designated forest official, a peace officer or a recreation site or trail
operator, and
(d) if the person owns or is in control of a motor
vehicle, other than a motorcycle, ensure that the vehicle is not parked in a
campsite without proof of payment for camping prominently displayed in the
windshield, unless another vehicle that displays a proof of payment for camping
is parked in the campsite at the same time.
(9) A right to use a recreation site or trail,
arising from payment of a fee under this section, is not transferable, and is
valid only for the period of time indicated on the proof of payment.
June 2003
(B.C. Reg. 221/03)
25 [Repealed. B.C. Reg. 221/03]
Part 6 - Enforcement
Order to
vacate
26 (1) On being satisfied that, with respect to a
recreation site, recreation trail, interpretive forest site or wilderness area,
a person has contravened the Act, this regulation or the Forest Fire Prevention
and Suppression Regulation, a designated forest official, a designated
environment official or a peace officer may, by notice served on the person,
order the person to
(a) vacate a recreation
site, recreation trail, interpretive forest site or wilderness area, and
(b) not enter or attempt to enter or camp on Crown land within
one kilometer of the site, trail or area
for a period specified in the notice.
(2) A person who receives a notice under subsection (1) must comply
with the order.
(3) A person who is ordered to vacate is not entitled to a refund of
any fee which may have been paid.
Offence
27 (1) A
person who contravenes section 6 (1) to (4), 8 to 11, 12 (1), 13 to 17, 18 (1)
or (2) or 26 (2) commits an offence.
(2) A person who commits an offence referred to in subsection (1) is
liable on conviction to a fine not exceeding $5 000 or to imprisonment for not
more than 6 months, or to both.
(3) A person who contravenes section 20 (1) or (8) or 24 (8) (a) (b)
commits an offence and is liable on conviction to a fine not exceeding $2 000.
(4) A person who contravenes section 7 (1) (a) commits an offence and
is liable on conviction to a fine not exceeding $25.
(5) A person who contravenes section 7 (1) (b) commits an offence and
is liable on conviction to a fine not exceeding $100.
October 1999
(B.C. Reg. 337/99); June 2003 (B.C. Reg. 221/03)
NOTE: This regulation repeals the
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