This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Game Farm Act

[SBC 1990] CHAPTER 48

Assented to July 27, 1990

  1.  Interpretation
  2.  Licences
  3.  Inspectors
  4.  Suspension and cancellation of licence
  5.  Appeal of suspension or cancellation
  6.  Game at large
  7.  Officials not liable
  8.  Regulations
  9.  Offences
  10-18.  Spent
  19.  Commencement


1.  In this Act

"game" means fallow deer, bison and reindeer;

"inspector" means an inspector appointed under this Act.

Historical Note(s): 1990-48-1.


2.  (1) Subject to the regulations, the minister may, on receiving an application in the prescribed form together with the prescribed fee, issue a licence or a renewal of a licence to a person to raise a type of game for agricultural purposes.

(2) A licence issued under this Act shall be effective on a date and for a term specified in the licence.

(3) The minister may exempt a person from paying the licence fee or renewal fee.

(4) Subject to the regulations, a licence may contain terms and conditions the minister determines, including specifying the type of game that may be raised, and the minister may set different terms and conditions for different licensees.

Historical Note(s): 1990-48-2.


3.  (1) The minister may appoint inspectors for the purposes of this Act.

(2) A licensee shall, at any reasonable time, allow an inspector to inspect all parts of his operation and all game in his possession and shall, on request, make available for inspection all records required to be maintained.

Historical Note(s): 1990-48-3.

Suspension and cancellation of licence

4.  (1) Where

(a) a person knowingly gave false information on an application for a licence;

(b) a licensee neglects or refuses to comply with a term or condition of the licence or a provision of this Act or the regulations, or

(c) the minister believes the licensee has done or failed to do something that the minister considers inconsistent with the responsibilities of a licensee;

the minister may, in writing, suspend or cancel the licence.

(2) Where a licence has been suspended, the minister may lift the suspension and may attach additional terms and conditions to the licence.

(3) Notice of suspension or cancellation of a licence shall be served personally on the licensee or sent by registered mail to the licensee's last known address and, in that case, shall be deemed to be received by the licensee 14 days after the day it is mailed.

Historical Note(s): 1990-48-4.

Appeal of suspension or cancellation

5.  (1) A licensee may, not more than 30 days after receiving a notice of suspension or cancellation, appeal the suspension or cancellation by sending to the minister a written notice of appeal, which notice must be received by the minister before the expiry of the 30 day period.

(2) The minister shall, not more than 30 days after receiving notice of the appeal, appoint an appeal board consisting of not more than 3 persons, one of whom shall be appointed chairman, to hear the appeal.

(3) An appeal board may confirm, reverse or vary the decision being appealed.

(4) The Lieutenant Governor in Council shall fix the remuneration to be received by a chairman and members for each day they are engaged in an appeal.

(5) The Lieutenant Governor in Council may establish the procedure to be followed on an appeal.

(6) The appellant or the minister may, by application to the Supreme Court made within 21 days after a decision of an appeal board is received, appeal the decision of the appeal board on a question of law or jurisdiction.

(7) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

Historical Note(s): 1990-48-5.

Game at large

6.  Where game escapes from a farm being operated by a person who holds a valid licence issued under this Act, section 78 of the Wildlife Act does not apply to that game provided the licensee recaptures the game within a prescribed period after its escape.

Historical Note(s): 1990-48-6.

Officials not liable

7.  No action or other proceeding for damages lies against an inspector and the inspector's agents, officers, employees, representatives and persons acting on the inspector's behalf for loss or damage suffered by a person by reason of anything done or omitted to be done in good faith in the exercise or purported exercise of powers given by this Act.

Historical Note(s): 1990-48-7.


8.  (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations,

(a) on the recommendation of the minister and the Minister of Environment, specifying regions of the Province in which a licence for a specified type of game shall not be issued;

(b) establishing terms and conditions to be complied with by licensees, and the Lieutenant Governor in Council may establish different terms and conditions for different licensees based on geographical area or the type of game the licensee is licensed to raise, or both;

(c) establishing records that must be maintained by licensees, and

(d) prescribing the period within which escaped game shall be recaptured under section 6, and may prescribe different periods for different types of game.

Historical Note(s): 1990-48-8.


9.  (1) Section 5 of the Offence Act does not apply to this Act.

(2) A person who wilfully obstructs an inspector in the exercise of his powers under this Act commits an offence.

(3) A person who possesses game without holding either a valid licence issued under this Act or a permit for that game issued under the Wildlife Act commits an offence.

Historical Note(s): 1990-48-9.


10-18.  [Consequential amendments. Spent. 1990-48-10 to 18.]


19.  This Act comes into force by regulation of the Lieutenant Governor in Council.

Historical Note(s): 1990-48-19.

[Editorial Note(s): Act effective August 16, 1991 (B.C. Reg. 232/91).]