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| B.C. Reg. 85/62 O.C. 1452/62 |
| This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here. |
Trespass Act
[includes amendments up to B.C. Reg. 373/79]
| Contents | ||
| 1 | Lawful fence: protecting railway property, hay or grain | |
| 2 | Distance from hay or grain stack | |
| 3 | Lawful fence: other situations | |
| 4 | Deemed lawful fences | |
| 5 to 6 | Sections Repealed | |
1 A lawful fence for the purpose of dividing the right of way, grounds or property of a railway company to which the Railway Act applies from any other land, whether belonging to the railway company or not, or for the purpose of protecting any stack of hay or grain, means a fence substantially constructed from the ground to a height of at least 4 feet 6 inches, and consisting
(a) of earth, stone, brick, concrete or iron,
(b) of logs, rails, boards or bars of wood or iron, laid horizontally one above the other not more than 6 inches apart up to a height of 3 feet from the ground, and not more than 12 inches apart above that height, the bottom of the lowest log, rail, board or bar being at any point not more than 6 inches from the ground,
(c) of upright posts, boards, palings or pickets not more than 4 inches apart,
(d) of barbed wire not less than No. 12 1/2 gauge secured to posts not more than 20 feet apart, the lowest wire being at any point not more than 6 inches from the ground, the wires being not more than 6 inches apart up to a height of 3 feet from the ground, and not more than 12 inches apart above that height, being interlaced with cross wiring or fastened to wooden droppers or poles placed at regular intervals of not more than 4 feet,
(e) of woven standard gauge wire fencing secured to posts not more than 24 feet apart, with the lowest wire not more than 6 inches above the ground, the top and bottom wires to be not less than No. 9 3/4 gauge and the intervening wires no less than No. 12 1/2 gauge, or
(f) of a combination of the materials specified in any 2 or more of paragraphs (a) to (e); but where any combination includes wire or barbed wire, the provisions of paragraph (d) as to cross wiring, droppers or poles shall be observed.
2 For the purpose of protecting any stack of hay or grain by any fence specified in section 1, a lawful fence is one not less than 10 feet from the nearest point of the stack.
3 In all cases other than those provided for in section 1, a lawful fence for all unorganized portions of the Province means a fence substantially constructed from the ground to a height of at least 4 feet 6 inches, and consisting
(a) of earth, stone, brick, concrete or iron,
(b) of logs, rails, boards or bars of wood or iron laid horizontally one above the other not more than 9 inches apart up to a height of 32 inches from the ground, and not more than 11 inches apart above that height, the bottom of the lowest log, rail, board or bar being at any point not more than 14 inches from the ground,
(c) of upright posts, boards, palings or pickets not more than 4 inches apart,
(d) of woven standard gauge wire fencing secured to posts not more than 20 feet apart, with the lowest wire not more than 14 inches above the ground, the top and bottom wires to be not less than No. 9 3/4 gauge and the intervening wires not less than No. 12 1/2 gauge,
(e) of barbed wire not less than No. 12 1/2 gauge secured to posts not more than 24 feet apart, the lowest wire being not more than 14 inches from the ground, the wires being not more than 9 inches apart up to a height of 32 inches from the ground, and not more than 11 inches apart above that height, and being interlaced with cross wiring or fastened to wooden droppers or poles placed at regular intervals of not more than 6 feet,
(f) of barbed wire not less than No. 12 1/2 gauge secured to posts not more than 16 1/2 feet apart, the lowest wire being not more than 14 inches above the ground, the wires being not more than 9 inches apart up to a height of 32 inches from the ground, and not more than 11 inches apart above that height, except that
(i) in the North and South Peace River Electoral Districts a legal fence of barbed wire shall consist of not less than 3 strands of barbed wire not less than No. 12 1/2 gauge secured to posts not more than 16 1/2 feet apart, the lowest wire being not more than 18 inches from the ground, the wires being not more than 16 inches apart up to a height of 34 inches from the ground, and not more than 14 inches apart above that height, and being fastened to wooden droppers or poles placed midway between posts, and
(ii) in that portion of the Province bounded on the south by 53\xa1 latitude, on the north by 56\xa1 latitude, on the east by the summit of the Rocky Mountains, and on the west by the Pacific Ocean, a legal fence of barbed wire shall consist of 4 strands of barbed wire not less than No. 12 1/2 gauge secured to posts not more than 16 1/2 feet apart, the lowest wire being not more than 16 inches from the ground, the wires being not more than 12 inches apart up to a height of 52 inches from the ground, or
(g) of a combination of the materials specified in any 2 or more of paragraphs (a) to (f).
[en. B.C. Reg. 70/65; am. B.C. Reg. 373/79.]
4 Any hedge of the height of at least 4 feet 6 inches, and any river bank or other natural boundary, if sufficient to keep cattle out of any land, and any unfordable lake, pond, river or sea, shall be deemed to be a lawful fence, including any suitably constructed gates and cattle-guards.
5 and 6 Repealed. [B.C. Reg. 70/65.]
[Provisions of the Trespass Act, R.S.B.C. 1996, c. 462, relevant to the enactment of this regulation: sections 2 and 15]
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