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B.C. Reg. 115/2015
O.C. 344/2015
Deposited June 12, 2015
This consolidation is current to April 16, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Wildlife Act

Guiding Territory Certificate Regulation

[Last amended January 17, 2022 by B.C. Reg. 12/2022]

Contents
1Definition
2Application must include BC address
3Transfer of certificate or interest
3.1Failure to submit reports
3.2Failure to pay royalties
4Fees for transfers
5Control of corporation
6Change to control of corporation
7Must notify if change to control of corporation
8Actions of regional manager if notice of change to control
9Actions of regional manager if belief of change to control
10Hearing respecting change to control
11Offences

Definition

1   In this regulation, "Act" means the Wildlife Act.

Application must include BC address

2   An applicant for a guiding territory certificate must include with the application a mailing address located in British Columbia for the purpose of receiving notices that the minister, the director or a regional manager must or may give under the Act.

Transfer of certificate or interest

3   A person who holds a guiding territory certificate or an interest in a guiding territory certificate must not transfer any of the following without the authorization of a regional manager:

(a) the privileges conferred in a guiding territory certificate;

(b) the privileges conferred in a portion of the guiding territory held under a guiding territory certificate;

(c) a guiding territory certificate or an interest in a guiding territory certificate.

Failure to submit reports

3.1   (1) If a person fails to make a report as required under a provision listed in subsection (2), the following applies to that person until the report is made:

(a) the person is not qualified to apply for a guiding territory certificate;

(b) the person may not

(i) transfer anything referred to in section 3 (a) to (c), or

(ii) obtain, through a transfer, anything referred to in section 3 (a) to (c).

(2) Subsection (1) applies to reports required under the following provisions:

(a) the following provisions of the Angling and Scientific Collection Regulation, B.C. Reg. 125/90:

(i) section 13 (1) (b);

(ii) if applicable, section 13 (3) (c);

(b) section 16 (6) of the Permit Regulation, B.C. Reg. 253/2000;

(c) section 3.16.1 of the Wildlife Act Commercial Activities Regulation.

[en. B.C. Reg. 230/2019, Sch. 1; am. B.C. Reg. 12/2022, s. (a).]

Failure to pay royalties

3.2   (1) If a person fails to pay a royalty as required under a provision listed in subsection (2), the following applies to that person until the royalty is paid:

(a) the person is not qualified to apply for a guiding territory certificate;

(b) the person may not

(i) transfer anything referred to in section 3 (a) to (c), or

(ii) obtain, through a transfer, anything referred to in section 3 (a) to (c).

(2) Subsection (1) applies to royalties required under the following provisions:

(a) section 69 of the Act;

(b) section 16 (8) of the Permit Regulation.

[en. B.C. Reg. 230/2019, Sch. 1.]

Fees for transfers

4   (1) The prescribed fee for the transfer of a guiding territory certificate or any privilege or interest referred to in section 3 [transfer of certificate or interest] is $500.

(2) Despite subsection (1), no fee is payable in respect of a transfer of a guiding territory certificate or any privilege or interest referred to in section 3 if all of the following conditions are met:

(a) the transfer is made by an individual;

(b) the transfer is to a person who is not an individual;

(c) the request for an authorization under section 3 is made within one year after the date this section comes into force.

(3) The prescribed charge for the assignment of the exclusive control over guiding privileges under section 65 (3) of the Act is $500.

Control of corporation

5   (1) A person, or a group of persons not dealing with each other at arm's length, has control of a corporation that holds an interest in a guiding territory certificate if the person or group of persons holds shares in the corporation that, if exercised and considered in the aggregate, carry sufficient voting rights

(a) to elect 50% or more of the effective directors of the corporation, or

(b) to otherwise effectively control the operations and direction of the corporation.

(2) Subsection (1) applies whether the shares are held directly by the person or group or for the benefit of the person or group.

(3) Subsection (1) does not apply to shares held by way of security only.

Change to control of corporation

6   (1) For the purposes of this regulation, there is a change to the control of a corporation that holds an interest in a guiding territory certificate if any of the following circumstances apply:

(a) the certificate holder amalgamates with another corporation;

(b) through one or more transactions, control of the certificate holder changes or is acquired or disposed of;

(c) through one or more transactions, control of a corporation having control of the certificate holder changes or is acquired or disposed of.

(2) For greater certainty, none of the circumstances described in section 62 (3) of the Act constitutes, for the purposes of subsection (1) of this section, a change to the control of a corporation that holds an interest in a guiding territory certificate.

Must notify if change to control of corporation

7   (1) Within 30 days after a change to the control of a corporation that holds an interest in a guiding territory certificate, the corporation must do both of the following:

(a) send to a regional manager a written notice setting out the details of the change;

(b) pay a reviewing fee of $500.

(2) A regional manager who receives a notice under subsection (1) may

(a) request further information from the corporation, and

(b) include in the request the date by which that corporation must provide the information.

(3) A corporation that receives a request under subsection (2) must comply with the request.

Actions of regional manager if notice of change to control

8   (1) If a regional manager receives a notice under section 7 [must notify if change to control of corporation], the regional manager may

(a) give to the corporation written notice that a hearing is required to determine whether that regional manager should take an action referred to in section 64.1 (1) (d) (iii) (A) or (B) of the Act, or

(b) take no further action.

(2) A regional manager may give a notice referred to in subsection (1) (a) of this section no later than 120 days after receiving notice under section 7.

(3) Despite subsection (2), a regional manager may give notice under that subsection after the 120 day period has expired if, before expiry of the period,

(a) the director approves, in writing, an extension, and

(b) written notice of the extension and the reasons for it are given to the corporation.

Actions of regional manager if belief of change to control

9   (1) If a regional manager has reason to believe that there may have been a change to the control of a corporation that holds an interest in a guiding territory certificate, the regional manager may give to the corporation

(a) written notice of the reasons for the regional manager's belief, and

(b) a request for further information, and include in the request the date by which that corporation must provide the information.

(2) A corporation that receives a notice under subsection (1) (a) must comply with a request made under subsection (1) (b).

(3) Section 8 [actions of regional manager if notice of change to control] applies as follows:

(a) if the regional manager is satisfied that the corporation has complied with subsection (2) of this section, as if the information provided by the corporation under that subsection were a notice given by the corporation under section 7 [must notify if change to control of corporation];

(b) in any other case, as if the notice given to the corporation by the regional manager under subsection (1) (a) of this section were a notice given by the corporation under section 7.

Hearing respecting change to control

10   (1) If a hearing is required under section 8 [actions of regional manager if change to control], the regional manager must include in the notice referred to in section 8 (1) (a) both of the following:

(a) the manner and form of the hearing;

(b) the date by which, and the manner in which, the corporation must respond to the notice.

(2) The regional manager is authorized to take any action referred to in section 64.1 (1) (d) (iii) (A) and (B) of the Act

(a) after a hearing, or

(b) after the date referred to in subsection (1) (b) of this section has passed, if the corporation fails to respond to the notice.

Offences

11   A person who contravenes any of the following commits an offence for the purposes of section 84 (1) (b) (ii) of the Act:

(a) section 7 (1) [must notify if change to control of corporation];

(b) section 7 (3) or 9 (2) [must comply with request of regional manager].

[en. B.C. Reg. 167/2016, Sch. 1.]

[Provisions relevant to the enactment of this regulation: Wildlife Act, R.S.B.C. 1996, c. 488, ss. 64.1 and 108.]