Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Wildlife Act

Controlled Alien Species Regulation

B.C. Reg. 94/2009

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Part 1 December 19, 2012
Section 1 October 7, 2009
December 19, 2012
April 9, 2014
April 14, 2016
August 16, 2016
Section 2 October 7, 2009
December 19, 2012
Part 2 December 19, 2012
Section 3 October 7, 2009
April 1, 2010
December 19, 2012
February 26, 2013
Section 4 October 7, 2009
April 1, 2010
December 19, 2012
Section 5 October 7, 2009
December 19, 2012
Section 5.1 April 1, 2010
Section 6 April 1, 2010
Part 3 Section 7-10 December 19, 2012
Section 7 April 9, 2014
Section 7.1 April 9, 2014
Section 8 April 9, 2014
Section 9 April 9, 2014
Section 9.1 April 9, 2014
Schedule 1 October 7, 2009
December 19, 2012
April 9, 2014
Schedule 2 October 7, 2009
December 19, 2012
April 9, 2014
Schedule 3 December 19, 2012
Schedule 4 December 19, 2012
Schedule 5 December 19, 2012
April 9, 2014
March 2, 2017

 Part 1 heading was added by BC Reg 402/2012, effective December 19, 2012.

 Section 1 definition of "species individual" BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

"species individual" means a single live member of a controlled alien species, at any developmental stage;

 Section 1 (1) definitions "prohibited species individual", and "restricted species individual" were added by BC Reg 233/2009, effective October 7, 2009.

 Section 1 (2) BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

(2)  In Schedule 1, if a reference to a species is followed by italicized text in square brackets that is or purports to be descriptive of the species, the italicized text in square brackets is not part of this regulation and is to be considered to have been added editorially for convenience of reference only.

 Section 1 BEFORE amended by BC Reg 402/2012, effective December 19, 2012

 Definitions

1  (1)  In this regulation:

"Act" means the Wildlife Act;

"prohibited species individual" means

(a) a single live member of a controlled alien species designated in Schedule 1, at any developmental stage, or

(b) a single live member of a controlled alien species designated in Schedule 2 that is 3 metres or more in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

"restricted species individual" means a single live member of a controlled alien species designated in Schedule 2, at any developmental stage, but does not include a prohibited species individual;

"zoo" has the same meaning as in the Permit Regulation.

(2)  In Schedules 1 and 2, if a reference to a species is followed by italicized text in square brackets that is or purports to be descriptive of the species, the italicized text in square brackets is not part of this regulation and is to be considered to have been added editorially for convenience of reference only.

[am. B.C. Reg. 233/2009, App. A, s. 1.]

 Section 1 (1), definition of "aquatic invasive species individual" BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

"aquatic invasive species individual" means any of the following:

(a) a single live member of a controlled alien species designated in Schedule 3, at any developmental stage;

(b) a mussel;

 Section 1 (1), definition of "release" was added by BC Reg 48/2014, effective April 9, 2014.

 Section 1 (1), definition of "BC waters", paragraph (b) and (c) BEFORE amended by BC Reg 89/2016, effective April 14, 2016.

(b) fish habitat within the meaning of the Fish Protection Act,

(c) a stream within the meaning of the Water Act,

 Section 1 (1), paragraphs (a) and (b) in the definition of "accredited zoo or aquarium" BEFORE amended by BC Reg 213/2016, effective August 16, 2016.

(a) is accredited by the Canadian Association of Zoos and Aquariums, or

(b) provides proof to the satisfaction of the director of meeting or exceeding the accreditation standards set by the Canadian Association of Zoos and Aquariums;

 Section 2 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Designation of species as controlled alien species

2  For the purposes of paragraph (a) of the definition of "controlled alien species" in section 1 (1) of the Act, the species listed in Schedule 1 are designated as controlled alien species.

 Section 2 BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

2  For the purposes of paragraph (a) of the definition of "controlled alien species" in section 1 (1) of the Act, the species listed in Schedules 1 and 2 are designated as controlled alien species.

 Part 2 heading was added by BC Reg 402/2012, effective December 19, 2012.

 Section 3 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Possession

3  A person must not possess a species individual that was not in British Columbia on March 16, 2009 unless

(a) the person operates a zoo or is an educational or research institution, or

(b) the person holds a permit authorizing the possession of that species individual.

 Section 3 BEFORE re-enacted by BC Reg 94/2010, effective April 1, 2010.

 Possession

3  A person must not possess a prohibited species individual that was not in British Columbia on March 16, 2009 unless

(a) the person operates a zoo or is an educational or research institution, or

(b) the person holds a permit authorizing the possession of that prohibited species individual.

[am. B.C. Reg. 233/2009, App. A, s. 3.]

 Section 3 BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

3  A person must not possess a prohibited species individual unless the person holds a permit authorizing the possession of that prohibited species individual.

 Section 3 BEFORE amended by BC Reg 60/2013, effective February 26, 2013.

3  A person must not possess a prohibited species individual unless the person holds a permit authorizing the possession of that prohibited species individual listed in Schedule 1.

 Section 4 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Breeding

4  (1)  Subject to subsection (2), a person who possesses a species individual must prevent the species individual from breeding.

(2)  A person who possesses a species individual may allow the species individual to breed if

(a) the person operates a zoo or is an educational or research institution, or

(b) the person holds a permit authorizing the person to allow that species individual to breed.

 Section 4 (2) (c) was added by BC Reg 94/2009, effective April 1, 2010.

 Section 4 (2) (a) BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

(a) the person operates a zoo or is an educational or research institution,

 Section 5 BEFORE amended by BC Reg 233/2009, effective October 7, 2009.

 Release prohibited

5  A person must not release a species individual or allow a species individual to be released.

 Section 5 BEFORE amended by BC Reg 402/2012, effective December 19, 2012.

5  A person must not release a restricted species individual or prohibited species individual or allow a restricted species individual or prohibited species individual to be released.

 Section 5.1 was enacted by BC Reg 94/2009, effective April 1, 2010.

 Section 6 (1) (d) was added by BC Reg 94/2009, effective April 1, 2010.

 Part 3, sections 7 to 10 were enacted by BC Reg 402/2012, effective December 19, 2012.

 Section 7 (3) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(3) A person must not

(a) release into BC waters an aquatic invasive species individual,

(b) allow an aquatic invasive species individual to be released, or to escape, into BC waters, or

(c) allow a mussel to come into contact with BC waters.

 Section 7.1 was enacted by BC Reg 48/2014, effective April 9, 2014.

 Section 8 BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

Certified educational and research institutions exempt

8   A certified educational institution and a certified research institution are exempt from

(a) the prohibitions set out in section 7 (1) and (4), and

(b) the requirement set out in section 7 (2).

[en. B.C. Reg. 402/2012, App. s. 8.]

 Section 9 (2) (d) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(d) the officer has reason to believe that a person may be in violation of section 7 with respect to mussels.

 Section 9.1 was enacted by BC Reg 48/2014, effective April 9, 2014.

 Schedule 1, section 1 (1) (d) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(d) all species of the family Giraffidae [giraffes and okapi];

 Schedule 1, ss.1 (1) (i.1) was added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, ss.4 (1) (a.1) was added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, ss.4 (1) (b) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(b) all species of the family Boidae [boa constrictors and anacondas] that can grow to be more than 3 metres in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

 Schedule 1, ss.4 (1) (e.1) was added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, ss.4 (1) (f) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(f) all species of the family Pythonidae [pythons] that can grow to be more than 3 metres in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

 Schedule 1, ss.4 (1) (i) to (n) BEFORE repealed by BC Reg 233/2009, effective October 7, 2009.

(i) all species of the subfamily Aparallactinae [mole vipers];

(j) all species of the subfamily Boiginae [brown tree snakes];

(k) all species of the subfamily Hydrophiinae [sea snakes];

(l) all species of the subfamily Philodryas [green racers];

(m) all species of the genus Dispholidus [boomslang snakes];

(n) all species of the genus Thelotornis [twig snakes].

 Schedule 1, ss.4 (2) to (4) were added by BC Reg 233/2009, effective October 7, 2009.

 Schedule 1, section (4) (1) (g) BEFORE repealed by BC Reg 402/2012, effective December 19, 2012.

(g) all species of the family Varanidae [komodo dragons, crocodile monitors and water monitors] that can grow to more than 2 metres in length when measured from the front of the snout to the tip of the tail;

 Schedule 1 (5) was added by BC Reg 402/2012, effective December 19, 2012.

 Schedule 1, section 4 (4) (e.1) was added by BC Reg 48/2014, effective April 9, 2014.

 Schedule 1, section 4 (4) (f) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(f) Python molurus [Indian and Burmese python];

 Schedule 2 was enacted by BC Reg 233/2009, effective October 7, 2009.

 Schedule 2 section 1 (3) was added by BC Reg 402/2012, effective December 19, 2012.

 Schedule 2, section 1 (3) BEFORE amended by BC Reg 48/2014, effective April 9, 2014.

(3) Reptiles of the family Varanidae, other than reptiles of the species listed in section 1 (5) of Schedule 1.

 Schedule 3 was enacted by BC Reg 402/2012, effective December 19, 2012.

 Schedule 4 was enacted by BC Reg 402/2012, effective December 19, 2012.

 Schedule 5 was enacted by BC Reg 402/2012, effective December 19, 2012.

 Schedule 5, section 1 (c) was added by BC Reg 48/2014, effective April 9, 2014.

 Schedule 5, section 1 (d) and section 2 (r.1) were added by BC Reg 78/2017, effective March 2, 2017.