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"Point in Time" Regulation Content

Range Act

Range Regulation

B.C. Reg. 116/2005

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 3 January 14, 2010
December 1, 2014
Section 4 December 1, 2014
Section 5 December 1, 2014
Section 6 December 1, 2014
November 28, 2016
Section 7 December 1, 2014
Section 8 December 1, 2014
Section 9 December 1, 2014
Section 10 December 1, 2014
Section 10.1 December 1, 2014
Section 11 December 1, 2014
Section 11.1 and 11.2 December 1, 2014
Section 12 December 1, 2014
Section 13 December 1, 2014
Section 14 December 1, 2014
Section 17 December 1, 2014
Section 18 December 1, 2014
Division 4.1 Section 18.1 December 1, 2014
Division 5 Section 19 June 30, 2014
Division 6 Section 20 December 1, 2014

 Section 3 (1) (b) (i) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(i)  on a Ministry of Forests public computer bulletin board;

 Section 3 (2) (b) and (c) BEFORE amended by BC Reg 223/2014, effective December 1, 2014.

(b) specify an address or place where persons may obtain details of the licence or permit, and

(c) include an address to which applications or comments may be delivered, and the date by which they must be received in order to be considered.

 Section 4 (a) and (b) BEFORE amended by BC Reg 223/2014, effective December 1, 2014.

(a) may be made in writing or in electronic form and submitted to the district manager, and

(b) must contain or be accompanied by information required by the district manager that he or she considers necessary for

(i) ascertaining the applicant's eligibility, and

(ii) evaluating the application,

 Section 5 BEFORE amended by BC Reg 223/2014, effective December 1, 2014.

Application for licence or permit by direct award — no public notice required

5   (1) An application under section 16 (1) of the Act for a licence or permit in any of the circumstances referred to in that provision

(a) may be made in writing or in electronic form and submitted to the district manager, and

(b) must contain or be accompanied by information required by the district manager that he or she considers relevant, given the circumstances that, under paragraph (a), (b) or (c) of that provision are applicable to the application.

(2) An application under section 16 (2) of the Act for a licence or permit

(a) may be made in writing or in electronic form and submitted to the district manager, and

(b) must contain or be accompanied by information required by the district manager that he or she considers relevant to the grazing permit or hay cutting permit applied for.

 Section 6 BEFORE re-enacted by BC Reg 223/2014, effective December 1, 2014.

Application for direct award of permit to or in respect of first nations

6   An application for a permit, in response to an invitation under section 17 (1) of the Act by the minister,

(a) may be made in writing or in electronic form and submitted to the district manager, and

(b) must contain or be accompanied by information required by the district manager that he or she considers appropriate given the purpose of the permit that is the subject of the application.

 Section 6 (1) definition BEFORE amended by BC Reg 211/2015, effective November 28, 2016.

"society" means a society incorporated under the Society Act.

 Section 6 (4) (b) BEFORE amended by BC Reg 211/2015, effective November 28, 2016.

(b) the society must not be prohibited under section 2 (2) of the Society Act from holding a grazing or hay cutting permit or licence.

 Section 7 BEFORE amended by BC Reg 223/2014, effective December 1, 2014.

Application for special purpose licence or permit by direct award — public notice required

7   (1) An application under section 18 (2) of the Act for a licence or permit

(a) may be made in writing or in electronic form and submitted to the district manager, and

(b) must contain or be accompanied by information required by the district manager that he or she considers appropriate in relation to

(i) the ancillary, compensatory or exchange licence or permit that is the subject of the application, or

(ii) the grazing permit or hay cutting permit referred to in section 18 (2) (f)

that is the subject of the application.

(2) The purposes referred to in section 18 (2) (f) of the Act, in which a grazing permit or hay cutting permit may be entered into, are prescribed as follows:

(a) to allow timely allocation of forage that is available for a limited period;

(b) to facilitate one or more of silviculture treatment, forage conditioning and forage enhancement;

(c) to facilitate the management of one or more of recreational values, fisheries values, wildlife values and ecological values.

 Section 8 BEFORE repealed by BC Reg 223/2014, effective December 1, 2014.

Application for replacement permit

8   An application by the holder of a permit under section 26 of the Act for a replacement for the permit

(a) may be made in writing or in electronic form and submitted to the district manager, and

(b) must contain or be accompanied by information required by the district manager that he or she considers relevant to the matters described in section 26 (1) of the Act.

 Section 9 BEFORE repealed by BC Reg 223/2014, effective December 1, 2014.

Prescribed circumstances for section 11 (3) of the Act

9   If 2 or more of the applications made under section 9 of the Act are of equal merit based on the evaluation of the applications, the competition procedures prescribed under section 10 of this regulation for the purposes of section 11 (3) of the Act apply.

 Section 10 BEFORE repealed by BC Reg 223/2014, effective December 1, 2014.

Competition procedures

10   (1) The competition between or among applicants for a licence or permit, which applications are determined to be of equal merit on the basis of the evaluation referred to in section 9 of this regulation, is to be conducted as set out in this section.

(2) The district manager is to deliver notice to each of the applicants referred to in subsection (1) that they are to compete with each other on the basis set out in subsection (3).

(3) For a competition described in subsection (1) the district manager may direct that either, but not both, of the following are to be submitted to the district manager by each of the competing applicants:

(a) an offer of a one time lump sum dollar amount;

(b) a course of action,

(i) designed to improve or enhance the Crown range that is to be described in the licence or permit, including but not limited to carrying out a specified range practice or range development, and

(ii) that the applicant undertakes to carry out in conjunction with the licence or permit, as a condition of the licence or permit.

(4) If the district manager directs under subsection (3) (a) that the competing applicants each submit an offer of a one time lump sum dollar amount, the district manager must enter into the licence or permit with the applicant who submits the higher or highest offer, depending on whether there are 2 or more competing applicants.

(5) If the district manager directs under subsection (3) (b) that the competing applicants each submit a course of action described in that provision, the district manager must enter into the licence or permit with the applicant who submits the course of action that the district manager considers to be the better or the best, depending on whether there are 2 or more competing applicants.

 Section 10.1 was enacted by BC Reg 223/2014, effective December 1, 2014.

 Section 11 BEFORE amended by BC Reg 223/2014, effective December 1, 2014.

Varying boundary or area of licence or permit

11   The district manager may vary the boundary or area of a licence or permit under section 35 of the Act if the change

(a) will lead to more efficient resource use,

(b) is the result of a direct award under sections 16 or 18 of the Act, or

(c) is required because of a decision to increase the number of animal unit months or quantity of hay under section 52 or 53 of the Act.

 Sections 11.1 and 11.2 were enacted by BC Reg 223/2014, effective December 1, 2014.

 Section 12 BEFORE re-enacted by BC Reg 223/2014, effective December 1, 2014.

Fees for applications and amendments

12   (1) The fee for an application for a licence or permit under section 9, 16 or 18 of the Act is $150.

(2) The fee for an application for a permit under section 26 (1) of the Act is $25.

(3) The fee for an amendment to a licence or permit requested by its holder is $25.

 Section 13 BEFORE re-enacted by BC Reg 223/2014, effective December 1, 2014.

Fees for issuance of licences and permits

13   The fee for entering into a licence or permit is

(a) for a grazing licence, $250,

(b) for a grazing permit, $100,

(c) for a hay cutting licence, $100, and

(d) for a hay cutting permit, $50.

 Section 14 BEFORE amended by BC Reg 223/2014, effective December 1, 2014.

Fee for processing a change in ownership or control of licences or permits

14   The fee for processing a report under section 17 or 18 is $100.

 Section 17 BEFORE repealed by BC Reg 223/2014, effective December 1, 2014.

Reporting changes respecting associated private land

17   If the holder of a licence or permit no longer owns or holds under lease the holder's associated private land, as defined in section 29 of the Act, the holder must report the change in ownership or leasehold interest to the district manager within 3 months after the change.

 Section 18 BEFORE re-enacted by BC Reg 223/2014, effective December 1, 2014.

Reporting matters affecting rights under licences or permits

18   (1) On the completion of

(a) an amalgamation,

(b) a change in control, or

(c) a disposition

referred to in section 79 (2) (i) of the Act, the holder of a licence or permit, within 3 months after the completion date, must report the transaction to the district manager.

(2) A report under subsection (1) must be in the form required by the district manager and include the following information, if applicable:

(a) the name and contact for the change in control of the licence or permit;

(b) ownership details of the lands associated with the licence or permit.

 Division 4.1, section 18.1 was enacted by BC Reg 223/2014, effective December 1, 2014.

 Division 5, section 19 BEFORE repealed by BC Reg 137/2014, effective June 30, 2014.

Division 5 — Range Districts

Range districts

19   (1) The Coast range district is established with the same boundary as the Coast forest region under the Forest Regions and Districts Regulation.

(2) The Northern Interior range district is established with the same boundary as the Northern Interior forest region under the Forest Regions and Districts Regulation.

(3) The Southern Interior range district is established with the same boundary as the Southern Interior forest region under the Forest Regions and Districts Regulation.

 Division 6, section 20 BEFORE repealed by BC Reg 223/2014, effective December 1, 2014.

Division 6 — Transition

Transition for licences in their 9th or 10th years

20   Subject to sections 23 (2) and (3), 24 and 25 of the Act, if a licence

(a) is in effect on the date this section comes into force and has been in effect for at least 8 years as of that date, and

(b) a replacement for that licence has not been offered or issued to its holder,

then, during the 6 months beginning on the 9th or 10th anniversary of the licence, the district manager, in writing, must offer to the holder of the licence a replacement for it.