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| B.C. Reg. 227/67 O.C. 2916/67 |
| 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. |
Park Act
[includes amendments up to B.C. Reg. 109/2002]
1 In these regulations, unless context otherwise requires:
"board" or "park board" means the board for a Class C park appointed under the provisions of the Park Act;
—deputy minister— means the Deputy Minister of Water, Land and Air Protection as authorized by the Ministry of Lands, Parks and Housing Act;
—minister— means the Minister of Water, Land and Air Protection;
"park" means any park of Class C in the Province of British Columbia constituted under the provisions of the Park Act or existing under the provisions of the Forest Act or the Ministry of Lands, Parks and Housing Act at the enactment of the Park Act.
[am. B.C. Reg. 109/2002, s. 1.]
2 The minister shall, on appointing the park board, designate one member to be chairman of the board, and the board may appoint such other officers from the membership as they deem necessary and shall notify the minister of the names and addresses of all such officers.
3 Every park board shall meet for the transaction of its business once each calendar year at a time and place determined by the board, and at other times shall meet at the call of the chairman as the business of the board may require.
4 The chairman shall call a meeting of the board within 14 days of the receipt of a request in writing setting out the purpose of such a meeting made by 2 members of the board. Seven days notice of the meeting shall be given by the chairman, provided such notice may be waived by all members of the board present at such a meeting.
5 The board shall hold other meetings when directed to do so by the minister.
6 A majority of the members of the board present at a duly called meeting of the board shall constitute a quorum competent to transact the business of the board.
7 The chairman shall preside at meetings of the board, and shall exercise one vote in the decisions of the board.
8 In the absence of the chairman, the members present at any duly called meeting of the board shall elect a chairman, who shall preside at that meeting.
9 It shall be a duty of every park board to prepare and maintain proper and adequate records and accounts of the business and meetings of the board. Once each year, and at such other times as the minister may require, the board shall prepare and submit to the minister a report of the activities of the board's administration and a financial statement setting forth the assets and liabilities of the board and the receipts and disbursements of the past year and the accounts and sums payable and receivable by the board. The board shall, whenever required by the minister, submit reports of all park use permits issued by the board and on any other matters pertaining to the management of the board.
10 Funds received on behalf of any park board shall be deposited to the account of that board, in a chartered bank, within 7 days of their receipt.
11 The chairman and secretary of each park board shall comprise the signing officers of that board and are authorized to execute, jointly, such contracts, agreements and documents, and to receive and disburse such funds, on behalf of the board as the board may determine.
12 The board may, by resolution, adopt a form of seal and, when affixed by the proper officers of the board to any document, it shall operate as the act or execution thereof by the board.
13 (1) Every member of a park board who for any reason desires to resign from that board shall submit to the minister his resignation in writing.
(2) Every member of a park board who is absent from 3 consecutive meetings of that board shall be deemed to have resigned from the board and may be reappointed or replaced by the minister.
(3) The minister may, at his discretion, discharge or dismiss any member or any officer of a park board where he deems it to be in the public interest.
14 No member shall give any instruction or direction, enter into any contract or agreement, or otherwise conduct business on behalf of a park board except as authorized by a resolution of the board duly recorded in the minutes of a meeting of that board.
15 No park board shall enter into any agreement or make any contract through which the board assumes liability in excess of the current liquid assets of the board without first receiving the written approval of the minister.
16 No park board shall make any expenditure or incur any indebtedness which reduces its current liquid assets to an amount less than its total liabilities without first receiving the written approval of the minister.
17 Every account payable by a park board shall be paid by that board as the same becomes due.
18 Subject to the provisions of the statutes and of these regulations any park board may provide or install, or cause to be provided or installed, within the park under the jurisdiction of that board such public facilities or improvements as may be necessary to the public use of that park.
19 Any park board or any duly authorized agent of any park board may, at all reasonable times, enter into and inspect any building, structure or work of any kind within any park under the jurisdiction of that board, and may require or order the proper maintenance or repair of that building, structure or work.
20 Subject to the provisions of the statutes and of these regulations, and when authorized to act as an agent for the minister for the issuance of park use permits, any park board may grant or issue a park use permit which may be necessary or expedient to enable the use or establishment of facilities within the park under the jurisdiction of that board.
21 Park use permit fees payable by the permittee to the park board in respect of a park use permit issued by a park board and authorizing any park use or occupancy enumerated in Schedule A of these regulations shall be in accordance with the rates set forth in said Schedule A.
22 No building or improvement constructed or installed under a park use permit shall be removed, sold or sublet by the permittee without written consent of the minister or of the agent who issued the permit, and then the building or improvement shall not be sold or sublet, except to the holder of a park use permit authorizing that holder to occupy or utilize that building or improvement.
23 Subject to the provisions of the statutes and of these regulations, any park board may determine the uses, activities and practices to be accommodated within the park under the management of that board and may define the areas within that park in which any specified activity shall be permitted or prohibited.
24 Subject to the provisions of the statutes and of these regulations, any park board may make and promulgate such rules of conduct within the park as may be necessary for the protection of the park under the management of that board and for the control, protection and convenience of the public within that park.
25 Without restricting the provisions of any other Act respecting private roads, the provisions of Part 2 of the Highway Act shall, mutatis mutandis, apply to roads constructed or maintained as park roads by any park board, or by the Parks Branch, or by any holder of a park use permit, within any park and
(a) wherever therein reference is made to an official of the Ministry of Transportation and Highways, the reference shall be deemed to be to an official of the Parks Branch, and
(b) wherever therein reference is made to the Minister of Transportation and Highways, the reference shall be deemed to be the Minister of Water, Land and Air Protection.
[am. B.C. Reg. 109/2002, s. 1.]
26 No person shall park or leave standing any vehicle on any park road or park land, except in an area designated for that purpose.
27 No person shall cause or permit a vehicle to obstruct traffic in any park.
28 No commercial vehicle, or any vehicle on which is displayed advertising of any kind, or any vehicle equipped with a public address system shall be driven within any park for the purpose of advertising or demonstrating, except as may be authorized by a park use permit.
29 No trailer shall be parked or used as living or sleeping quarters within any park, except on a site or area approved for that purpose by the park board having jurisdiction over that park.
30 Subject to the provisions of the Park Act respecting the disposal of timber and the protection of natural resources, no person, unless authorized by park use permit so to do, shall remove, destroy or damage any curiosity, object, structure, work or any property whatsoever in any park.
31 No person shall construct, erect or install any building or structure in any park, except in accordance with plans and specifications which have been approved by the park board having jurisdiction over that park.
32 No person within any park shall throw, lay, drop, discharge or deposit into or leave in the waters of that park, or in any storm sewer, drain or ditch flowing into said waters, any substance, matter or thing, either liquid or solid, which shall or may result in pollution of said waters.
33 No person shall deposit in any park any garbage, refuse, sewage, empty or broken bottle, tin can, waste or other debris or obnoxious material, except in a receptacle or pit provided for that purpose.
34 No person in a park shall use any toilet, washbasin, sink or similar appliance in any trailer which is not equipped with a removable metal container for the retention of garbage, waste and liquid refuse and no person shall deposit the contents of said containers within any park, except in places designated for that purpose by the park board having jurisdiction over that park.
35 No person shall, without a park use permit so to do, impose any charge to be paid by any member of the public for admission to any area or building in any park for any service or accommodation in any park.
36 No person shall, without a park use permit so to do, place or display within any park any word, character or device designed to advertise any person, business, profession, group, association, article, thing, exhibition, matter or event.
37 In any park in which fireplaces are provided, no person shall kindle, build, light, maintain or use a fire except in a place provided or designated for that purpose.
38 (1) No person shall hunt or carry any loaded firearm within any park, except Silver Star Park, provided this restriction shall not apply to any member of the armed services or to any police officer, conservation officer or park officer while engaged in the performance of his duty.
(2) No person in Silver Star Park shall carry or have in his possession any loaded firearm except a centre fire rifle.
(3) No person in Silver Star Park shall have in his possession any loaded firearm except during that portion of the hunting season commencing on the first day of October and ending on the final day of the deer hunting season applicable in the surrounding Management Unit, as defined in the Hunting Regulations.
(4) No person shall hunt any game bird or any game animal, except deer, in Silver Star Park.
(5) No person, except a member of the armed forces, a police officer, a conservation officer or a park officer, in the performance of his duty, shall hunt or carry any loaded firearm within or upon that portion of Silver Star Park described as follows: Commencing at the northwest corner of Lot 2244, Osoyoos Division of Yale District, being a point on the south boundary of Silver Star Park; thence north 60 chains; thence east 20 chains; thence north 20 chains; thence east 20 chains; thence north 40 chains; thence east 20 chains; thence north 40 chains; thence east 60 chains; thence north 40 chains; thence east 180 chains; thence south 160 chains; thence west 260 chains; thence south 20 chains; thence west 20 chains; thence south 20 chains; thence west 20 chains, more or less, to the point of commencement, containing 4 000 acres, more or less.
[am. B.C. Reg. 148/68.]
39 No person, other than an employee of a bona fide construction or mining company or of a recognized government agency, while engaged in the performance of his duty, shall have in his possession within any park any explosive or explosive substance without a park use permit so to do.
40 No person shall cause or permit any animal owned by him, or in his custody or under his control, to roam at large in any park, except as authorized by a park use permit.
41 No parent, guardian or custodian of any minor shall permit or allow that minor to do, in any park, any act prohibited by any park regulation or rule applicable to that park.
42 Every person entering or seeking to enter or being in any park shall give to any duly authorized representative of the park board having jurisdiction over that park such information regarding the person's name, address, destination, proposed activities within that park and regarding any other matter pertaining to park use or occupancy as that representative may request.
43 Every person within the boundaries of any park shall observe and obey every rule and regulation applicable to that park made pursuant to the provisions of the Park Act or of these regulations.
44 Every person who violates any provision of these regulations shall, on summary conviction, be guilty of an offence against the Park Act.
45 The deputy minister or any duly authorized park officer acting under his instructions may enter into any park and at all reasonable times may enter into any building, structure or improvement within any park, for the purpose of examining or inspecting such parks or improvements.
46 The deputy minister may require any park board to submit to the minister such reports or statements, including financial statements, pertaining to the business and functions of that board or the administration, development, maintenance and use of any park under the jurisdiction of that board as may, in the opinion of the deputy minister, be necessary in the public interest.
Annual Park Use Permit Fees
| USE | RATE | MINIMUM ANNUAL FEE |
||
|---|---|---|---|---|
| 1 Personal or Community: | ||||
| (a) Cabin sites (private — seasonal and weekend) | $15 per acre | $30 | ||
| (b) Cabin and lodge sites (groups, clubs and organizations) | 24 per acre | 48 | ||
| (c) Campsites (private — no buildings) | 10 per acre | 15 | ||
| (d) Campsites (groups and organizations — no buildings) | 2 per acre | 5 | ||
| (e) Overnight camping, per site | 1 per day | 1 | ||
| (f) Rights of way (incidental to above uses) | 5 per mile | 5 | ||
| 2 Economic — Commercial: | ||||
| (a) Stores, shops and refreshment stands | 20 per acre | 60 | ||
| (b) Tourist resorts, lodges and camps | 20 per acre | 60 | ||
| (c) Winter sports areas, golf courses and similar recreation areas | ||||
| (i) developed areas containing building and accommodations | 20 per acre | 60 | ||
| (ii) areas containing tows, lifts, T-bars and similar improvements | 10 per acre | 10 | ||
| (iii) ski runs, ski jumps, fairways and similar improvements | 2 per acre | 10 | ||
| (d) Rights of way (incidental to above commercial uses) | 25 per mile | 25 | ||
| 3 Economic — Industrial: | ||||
| (a) Rights of way (roads, flumes, ditches and other surface and overhead installations) |
25 per mile | 25 | ||
| (b) Rights of way (pipelines and other underground installations) | 5 per mile | 5 | ||
| (c) Existing roads (use of for industrial purposes) | 5 per mile | 5 | ||
NOTE: Agencies of the government of British Columbia, including the British Columbia Hydro and Power Authority, the Pacific Great Eastern Railway and other Crown corporations of the Province and ministries of Provincial government, and ministries of the government of Canada, shall not be charged for park use permits.
Crown corporations of the government of Canada shall be charged park use permit fees at the standard rates set forth above.
[Provisions of the Park Act, R.S.B.C. 1996, c. 344, relevant to the enactment of this regulation: section 29]
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