new law for bc. bill 29

[snakemaster]

Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended
(a) by adding the following definitions:
"controlled alien species" means
(a) a species designated by regulation under section 6.4 as a controlled alien species, and
(b) hybrid animals and fish that have an ancestor within 4 generations that is a species designated as a controlled alien species;
"developmental stage" includes larva, embryo, seed, spore, egg, sperm, pollen and asexual propagule;
"native species" means a species that
(a) is indigenous to British Columbia, or
(b) has extended its range into British Columbia from another part of North America, unless
(i) the species was introduced to North America by human intervention or activities, or
(ii) any part of the extension of its range within North America was aided by human intervention or activities;
"species" means a species, sub-species, variety or genetically or geographically distinct population of
(a) animals,
(b) fish,
(c) plants, or
(d) other organisms, except bacteria and viruses;
"species individual", in relation to a controlled alien species, means a single live member of the species, at any developmental stage; ,
(b) in the definition of "endangered species" by adding ", but does not include a controlled alien species" after "as an endangered species",
(c) in the definition of "fish" by adding ", except in the definition of "controlled alien species" and in paragraph (b) of the definition of "species" insofar as that provision applies in relation to controlled alien species," before "means",
(d) in the definition of "threatened species" by adding ", but does not include a controlled alien species" after "as a threatened species", and
(e) by repealing the definition of "wildlife" and substituting the following:
"wildlife"
(a) means raptors, threatened species, endangered species, game and other species of vertebrates prescribed by regulation, and
(b) for the purposes of sections 3 to 5, 7, 8, 84 (6.1) to (6.4), 97.1 to 98.1 and 108 (2) (v), includes fish,
but does not include controlled alien species; .
11 The following sections are added:
Controlled alien species
6.4 If the minister considers that a non-native species described in paragraph (a) or (b) of the definition of "species" poses a risk to the health or safety of any person or poses a risk to property, wildlife or wildlife habitat, the minister may make regulations designating the species as a controlled alien species.
Regulation of controlled alien species
6.5 (1) The minister may, by regulation, regulate, prohibit and impose requirements in relation to the following:
(a) the possession of a species individual of a controlled alien species;
(b) the breeding of controlled alien species;
(c) the release of a species individual of a controlled alien species;
(d) trafficking in species individuals of a controlled alien species;
(e) the shipping or transporting in British Columbia of, or the engaging of another person to ship or transport in British Columbia, a species individual of a controlled alien species.
(2) In making regulations under subsection (1), the minister may do one or more of the following:
(a) define classes of controlled alien species;
(b) make different regulations for different controlled alien species or classes of controlled alien species;
(c) delegate a matter to a person;
(d) confer a discretion on a person.
Application of this Act to controlled alien species
6.6 (1) Sections 3, 82 (4), 89, 93, 94 (1), 95 and 107 (2) apply in relation to controlled alien species as if those species were wildlife.
(2) Section 92 applies in relation to controlled alien species described in paragraph (b) of the definition of "species" as if those species were fish as defined in section 1.
(3) Subject to subsection (4), sections 76, 98 and 98.1 do not apply in relation to controlled alien species.
(4) The minister may, by regulation, apply a provision of this Act in relation to controlled alien species as if those species were wildlife, animals or fish.
(5) The minister may, by regulation, exempt controlled alien species from the application of a provision of this Act that applies in relation to animals or fish.
Seizure or destruction of controlled alien species
97.7 (1) A conservation officer or constable may seize a species individual of a controlled alien species if the person in possession of the species individual
(a) is prohibited from possessing that species individual,
(b) contravenes the person's permit in relation to the species individual, or
(c) contravenes a regulation respecting controlled alien species.
(2) A conservation officer or constable may seize or destroy a species individual of a controlled alien species if, in the opinion of the conservation officer or constable, the species individual presents an imminent danger to the health or safety of a person or to property, wildlife or wildlife habitat.
(3) If a constable seizes a species individual under subsection (1) or (2), the constable must, as soon as practicable, deliver the species individual to a conservation officer or to a person designated by the minister.
(4) Sections 23 to 24.2 of the Offence Act do not apply in respect of a species individual of a controlled alien species seized under this Act.
Disposition of seized controlled alien species
97.71 (1) If a species individual of a controlled alien species is seized under section 97.7 (1) or (2), the government may destroy, sell or otherwise dispose of the species individual 14 days after the regional manager or a person designated by the minister has given notice to the owner of the species individual in accordance with subsection (2) of this section.
(2) The notice referred to in subsection (1) must be in writing and
(a) mailed to or served personally on the owner of the species individual, or
(b) if it cannot be mailed to or served personally on the owner,
(i) published at least 3 times at 2 day intervals in a newspaper circulating in the area in which the species individual was seized, or
(ii) posted in a conspicuous place at either the owner's last known address or the location at which the species individual was seized.
Controlled alien species is property of new owner
97.72 If a species individual of a controlled alien species is sold or otherwise disposed of under section 97.71, all rights and interests in the species individual
(a) vest in the person to whom it has been sold or otherwise disposed of, and
(b) the former owner ceases to have any of those rights and interests.
Costs and proceeds of disposition
of controlled alien species
97.73 (1) If a species individual of a controlled alien species is seized or destroyed under this Act, the director may
(a) issue a certificate
(i) setting out the reasonable costs incurred under this Act by the government with respect to the species individual,
(ii) identifying one or more persons who own the species individual, and
(iii) specifying all or part of those costs as payable by one or more of the persons identified in the certificate, and
(b) by serving notice of the certificate on a person identified in it, require the person to pay all or part of the costs as specified in the certificate.
(2) Notice under subsection (1) (b) may be served in accordance with section 101 (3).
(3) If 2 or more persons are identified in a certificate, those persons are jointly and separately liable to pay the costs as specified in the certificate.
(4) If notice of a certificate is served under subsection (1) (b),
(a) the amount certified as being payable by a person is a debt due to the government by the person, and
(b) on filing in the Supreme Court, the certificate has the same effect and is subject to the same proceedings as a judgment of the court for the recovery of a debt in the amount stated in the certificate against the person named in it.
(5) The government may require the owner to pay the costs that the owner is required to pay under subsection (1) before returning the species individual to the owner.
(6) Subject to subsection (7), the government may retain the proceeds of a sale or other disposition of a species individual of a controlled alien species under section 97.71.
(7) If the proceeds of a sale or other disposition of a species individual of a controlled alien species exceed the costs referred to in subsection (1), the owner of the species individual that was seized may, within 6 months of the date of seizure, claim the balance from the government.