Land Act; Motor Vehicle (All Terrain) Act

PROHIBITION REGULATION No. 4

[includes amendments up to B.C. Reg. 546/2004, December 31, 2004]

Whereas the use of all-terrain vehicles and snowmobiles has an adverse effect on wintering wildlife and their habitat within the Crown lands described in the schedule attached hereto:

Vehicle prohibition — December to March

1 Except for public officials in the discharge of their duties, the use of all-terrain vehicles and snowmobiles without the issuance of a permit is prohibited during the period December 1 to March 31 of each and every year on the Crown lands described on the schedule attached hereto.

Definitions

2 For the purpose of this regulation:

(a) "all-terrain vehicle" means any type of vehicle propelled by motorized power and capable of travel on or off a highway as defined in the Transportation Act;

(b) "snowmobile" means a vehicle weighing not more than 1000 pounds, designed primarily for travel on snow or ice, having one or more steering skis and self-propelled by means of an endless belt or belts driven in contact with the ground;

(c) "permit" is a permit issued by the Land Management Branch specifying terms and conditions for the use of Crown land.

[am. B.C. Reg. 546/2004, App. s. 17.]

Schedule

1 All those parcels or tracts of land situated in the vicinity of Elko, Kootenay Land District, more particularly described as follows:

Commencing at the confluence of the Elk and Wigwam Rivers; thence easterly along the centreline of the Wigwam River to its intersection with the eastern boundary of the Fernie Public Sustained Yield Unit; thence northwesterly along said boundary to its intersection with the south boundary of District Lot 4588, Kootenay District; thence westerly along the south boundary of District Lot 4588, Kootenay District, to the east boundary of District Lot 9812, Kootenay District; thence southerly along the east boundary of District Lot 9812, Kootenay District, to the southeast corner of said lot; thence westerly along the south boundaries of District Lots 9812 and 9811, Kootenay District, to the southwest corner of District Lot 9811, Kootenay District; thence northerly along the west boundary of District Lot 9811, Kootenay District, and its projection to the centreline of the Elk River, thence westerly and southerly along the centreline of the Elk River to the point of commencement (save and except thereout those portions of the Crow's Nest Industries Limited access road between Elko and Morrissey, and existing routes of access to and from private properties within Sublots 34, 36 and 43 of District Lot 4589, Kootenay District).

2 All those parcels or tracts of land situated in the vicinity of Athalmer, Kootenay Land District, more particularly described as follows:

Commencing at the southeast corner of District Lot 9199, Kootenay District; thence easterly along the north boundary of District Lot 288, Kootenay District, to the northeast corner thereof; thence southerly along the east boundary of District Lot 288, Kootenay District, to the northwest corner of Lot 1, District Lot 5353, Kootenay District, Plan 4394; thence easterly, southerly and westerly along the north, east and south boundaries of said Lot 1, District Lot 5353, Kootenay District, to the northeast corner of Lot B, District Lot 5353, Kootenay District, Plan 4063; thence southerly along the eastern boundary thereof to a point on the north boundary of Lot 2, District Lot 5353, Kootenay District, Plan 2945; thence easterly and southerly along the north and east boundaries of Lot 2 and the east boundary of Lot 1, District Lot 5353, Kootenay District, Plan 2945, to a point on the north boundary of the Shuswap Indian Reserve; thence easterly and southerly along the north and east boundaries of said Indian reserve to the northwest corner of District Lot 5343, Kootenay District; thence easterly and southerly along the north and east boundaries thereof to a point on the north boundary of District Lot 9562, Kootenay District; thence easterly and southerly along the north and east boundaries thereof to the point of intersection of said boundary with the centre of Shuswap Creek; thence easterly and northerly along the centre of Shuswap Creek to its intersection with the easterly projection of the south boundary of Kootenay National Park; thence westerly along said projection and said park boundary to a point on the east boundary of District Lot 9248, Kootenay District; thence southerly along the east boundaries of District Lots 9248 and 9199, Kootenay District, to the point of commencement.

3 All those parcels or tracts of land situated in the vicinity of Canal Flats, Kootenay Land District, more particularly described as follows:

Commencing at Bench Mark 2642, located at the northwest corner of the Canadian Pacific Railway trestle which crosses Findlay Creek upstream from its junction with the Kootenay River; thence in a westerly and northerly direction along the northeastern bank of Findlay Creek to the southwest corner of Sublot 46 of Lot 4596, Kootenay District; thence in a northerly direction along the west boundary of said Sublot 46 to the northwest corner thereof; thence easterly along the north boundary of Sublot 46 and projection thereof to its intersection with the west boundary of the Canadian Pacific Railway right of way; thence southerly along the west boundary of said right of way to the point of commencement (save and except thereout the main Findlay Creek access road).

4 All those parcels or tracts of Crown land situated on the east side of Columbia Lake, Kootenay Land District, more particularly described as follows:

Those parcels or tracts of Crown land contained within the Government Reserve established by order in council 1133 of May 16, 1958, and Sublot 28, District Lot 4596, Plan X32, Kootenay District.

[Provisions relevant to the enactment of this regulation: Land Act, R.S.B.C. 1996, c. 245, sections 66 and 110; Motor Vehicle (All Terrain) Act, R.S.B.C. 1996, c. 319, section 7]

Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada