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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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1 In this Act:
"commercial river rafting" means the carrying on of a business in which an outfitter supplies equipment and personnel to transport a person down a river on a raft;
"guide" means an individual who is in charge of a raft used in commercial river rafting;
"inspector" means a person designated as an inspector by the minister and includes the registrar, a police constable and a person designated as a conservation officer under the Environment Management Act;
"outfitter" means a person who carries on commercial river rafting;
"raft" means a vessel designed to carry passengers and that is supported by inflatable sections on its perimeter and propelled by oar, paddle or motor, but does not include a vessel that is exempt by regulation;
"registrar" means the Registrar of Commercial River Rafting and includes a person authorized in writing by the registrar to perform the registrar's duties under this Act;
"trip leader" means an individual who is in charge of a commercial river rafting trip consisting of one raft or of 2 or more rafts that are travelling together.
2 (1) The minister must appoint a person under the Public Service Act or must designate a person employed in the ministry as Registrar of Commercial River Rafting.
(2) The registrar has the powers and must perform the duties conferred or imposed on the registrar by this Act and the regulations.
(3) The registrar must
(a) maintain a current list of all persons who are registered or licensed under this Act, and
(b) mail a copy of the list, or the latest additions to it, to a person requesting it.
3 (1) A person must not act as an outfitter or hold himself or herself out as qualified to act as an outfitter unless registered under this Act.
(2) A person must not act as a guide or hold himself or herself out as qualified to act as a guide unless he or she holds a valid guide's licence issued under this Act.
(3) A person must not act as a trip leader or hold himself or herself out as qualified to act as a trip leader unless he or she holds a valid trip leader's licence issued under this Act.
4 (1) An application for registration as an outfitter or for a licence as a guide or trip leader must be
(a) in the form approved by the registrar, and
(b) accompanied by the prescribed fee.
(2) An applicant for registration as an outfitter or for a licence as a guide or trip leader must meet the criteria established by the registrar for registration or for the appropriate licence.
(3) For the purposes of subsection (2), the registrar may establish more than one class of guide or trip leader with different criteria for each class.
(4) If the registrar is satisfied that an applicant meets the criteria, the registrar may, subject to section 5 (4), issue a certificate of registration or a licence to the applicant for a period of time, up to 3 years, that the registrar indicates on the certificate of registration or licence.
(5) In granting registration or a licence under this section, the registrar may attach to it terms and conditions the registrar considers necessary.
(6) A certificate of registration or a licence is valid from the date of its issue and for the period of time indicated on it.
(7) Subject to this Act, a certificate of registration or a licence may be renewed on payment of the prescribed fee and subsection (4) applies.
5 (1) The registrar may suspend or cancel a registration or licence if the person
(a) knowingly gave false information on his or her application for registration or for a licence, or
(b) fails to comply with
(i) a term or condition attached to the registration or licence,
(ii) a term or condition attached to a permit issued under this Act, or
(iii) an operating plan required by this Act.
(2) The registrar may suspend or cancel a permit if the outfitter fails to comply with a term or condition attached to it.
(3) If the registrar lifts a suspension of a registration, licence or permit, the registrar may attach additional terms or conditions to it.
(4) If a person has been registered or has possessed a licence in the past, and the registration or licence was suspended or cancelled, the registrar may refuse to register the person or issue a new licence to the person.
6 (1) If the registrar suspends or cancels a registration, licence or permit or refuses to register or issue a licence, the person may appeal to the Environmental Appeal Board established under the Environment Management Act.
(2) Section 40 (2) to (7) of the Water Act applies to an appeal under subsection (1).
7 (1) An outfitter must not operate on a river without a permit authorizing the outfitter to do so.
(2) A permit must be for one or more rivers as specified in the permit.
(3) An application for a permit must be
(a) in the form approved by the registrar, and
(b) accompanied by the prescribed fee.
(4) The outfitter must submit with the application an operating plan for each river for which the outfitter is seeking a permit.
(5) If the registrar is satisfied with the operating plan, the registrar may issue a permit to the outfitter to operate on the river or rivers to which the permit relates for a period of time, up to 3 years, that the registrar indicates on the permit.
(6) If the registrar issues a permit under subsection (5), the registrar may attach the terms and conditions to the permit that the registrar considers necessary.
(7) A trip leader must
(a) carry, at all times during a trip, a copy of the permit and operating plan for the river on which he or she is operating, and
(b) produce the copies referred to in paragraph (a) on the request of an inspector.
(8) The registrar may, at any time, by notice in writing served personally on or sent by registered mail to the outfitter at the outfitter's last known business address, alter a term or condition attached to a permit.
(9) A notice sent by registered mail is deemed to have been received 14 days after the date it was mailed.
(10) A permit is valid from the date of its issue and for the period of time indicated on it.
(11) The registrar may, on the application of an outfitter and on the outfitter complying with subsection (4), add a river or rivers to a permit during the term of the permit without the outfitter paying a further fee.
(12) A permit may be renewed on payment of the prescribed fee and subject to any changes in the terms and conditions or changes to the operating plan that the registrar may require.
8 (1) Without limiting section 7 (5) and (6), the registrar may establish safety standards for commercial river rafting on a river or portion of a river.
(2) Without limiting subsection (1), the registrar may establish one or more of the following:
(a) standards respecting equipment, personnel or any other factor relating to safety;
(b) standards based on water flow rates;
(c) requirements to observe and record water flow rates measured on water flow gauges established at specified points on a river;
(d) a prohibition against commercial river rafting if a water flow gauge established on a river is not functioning;
(e) restrictions on or a prohibition against commercial river rafting if water flow rates are greater or less than a specified rate.
(3) Compliance with the standards established under subsections (1) and (2) is deemed to be a condition attached to each permit issued by the registrar.
(4) The registrar must
(a) make a copy of the standards established under this section available for inspection at the registrar's office, and
(b) on payment of the prescribed fee, supply a copy to a person who requests one.
9 (1) An outfitter, trip leader or guide must, on the request of an inspector,
(a) permit the inspector to examine a raft or any equipment being used or available for use on a commercial river rafting trip,
(b) produce his or her certificate of registration or licence, as the case may be,
(c) in the case of a trip leader, produce a copy of the permit and operating plan for the river on which he or she is then in charge of a commercial river rafting trip, and
(d) state his or her name and address.
(2) An inspector may at any reasonable time enter the business premises of an outfitter for the purpose of inspecting equipment to determine whether or not it complies with the requirements attached to the outfitter's registration or to the permits issued to the outfitter.
(3) If it is safe to do so, an inspector may require a person who is in control of a raft to stop the raft and bring it to shore so that the inspector can determine whether or not the raft is being used for a commercial river rafting trip and, if it is being so used, so that the inspector can determine whether or not it is being operated in accordance with this Act or not.
10 (1) If an inspector has reasonable and probable grounds for believing that the persons on a commercial river rafting trip may be in imminent danger of loss of life or serious injury if the trip were to continue, the inspector may order the trip leader to immediately discontinue the trip, and the trip leader must immediately comply with the order.
(2) If a trip leader fails or refuses to comply with an order under subsection (1) or the inspector believes the trip leader will continue the trip as soon as an opportunity occurs to do so, the inspector may impound the raft and its equipment and remove it to a safe place.
(3) If it is necessary to do so, an inspector may use reasonable force to impound a raft and its equipment under subsection (2).
(4) If an inspector has impounded a raft and its equipment, the inspector must release it to the outfitter or the outfitter's agent on being satisfied that there will no longer be imminent danger of loss of life or serious injury by doing so.
11 (1) Section 5 of the Offence Act does not apply to this Act or the regulations.
(2) A person who contravenes section 3, 7 (1) or (7), 9 (1) or 10 (1) commits an offence.
(3) An outfitter, trip leader or guide who contravenes a term or condition of his or her registration or licence commits an offence.
(4) A trip leader or guide who contravenes a term or condition of
(a) the permit, or
(b) the operating plan
for the river on which he or she is operating commits an offence.
(5) An outfitter, trip leader or guide who, after his or her registration or licence has been suspended or cancelled, continues to act or hold himself or herself out as qualified to act as an outfitter, trip leader or guide, as the case may be, commits an offence.
(6) A person who is in control of a raft and fails to immediately stop it and bring it to shore when signaled or requested to do so by an inspector who is a conservation officer or a police constable and who is in his or her uniform of office commits an offence.
(7) A person who resists or obstructs an inspector in the exercise of his or her powers under this Act commits an offence.
(8) If a trip leader or guide commits an offence under subsection (4), the outfitter who has employed or retained the trip leader or guide commits an offence unless the outfitter establishes that he or she exercised all due diligence to prevent its commission.
(9) A person who knowingly gives false information in connection with an application for registration, a licence or a permit commits an offence.
(10) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits an offence even though the corporation is convicted.
(11) A person who commits a second or subsequent offence is liable to a penalty of not more than $5 000 or 6 months in jail or both.
12 The minister, the registrar, an inspector and their agents, officers, employees, representatives and persons acting on their behalf are not liable in their personal or official capacities 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.
13 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing fees for registration, licences and permits;
(b) authorizing the registrar, by order, to exempt a person from the payment of a fee;
(c) establishing minimum levels of insurance to be carried by an outfitter;
(d) providing for the reporting of accidents and fatalities;
(e) exempting a raft or a class of rafts from the application of this Act or the regulations or any provision of this Act or the regulations.
(3) A regulation under subsection (2) (a) may prescribe different fees for different persons or classes of persons, different rivers or classes of rivers and different types or numbers of rafts.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada