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"Point in Time" Regulation Content

Wildlife Act

Wildlife Act General Regulation

B.C. Reg. 340/82

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 1.001 March 22, 2013
March 31, 2017
Section 1.01 March 1, 2017
Section 1.02 March 1, 2017
Section 3.01 March 22, 2013
Section 4.01 March 1, 2017
Section 4.02 March 1, 2017
Section 4.03 March 1, 2017
Section 4.04 March 1, 2017
Section 4.05 March 1, 2017
Section 4.07 April 1, 2013
Section 7.04 March 10, 2016
April 16, 2018
Section 7.06 March 1, 2017
Section 10.01 January 19, 2015
Section 11.01 March 22, 2013
Division 12 Section 12.01 to 12.04 April 1, 2018
Section 12.05 April 1, 2018
Section 16.01 April 1, 2015
April 1, 2016
March 1, 2017
Section 16.011 March 22, 2013
Section 17.01 March 1, 2017
Section 18.02 March 22, 2013
April 1, 2018
Division 18 Section 18.01 to 18.02 January 2, 2019
Division 20 Section 20.01 to 20.03 March 31, 2017
Division 21 Section 20.04 to 20.06 March 31, 2017
Section 20.01 January 2, 2019
Section 20.02 July 16, 2018
Section 20.03 July 16, 2018
January 2, 2019
Section 20.04 April 16, 2018
Section 20.05 September 1, 2017
April 1, 2018

 Section 1.001 was enacted by BC Reg 138/2013, effective March 22, 2013.

 Section 1.001 BEFORE re-enacted by BC Reg 127/2017, effective March 31, 2017.

Definition

1.001   In this regulation, "Act" means the Wildlife Act.

[en. B.C. Reg. 138/2013, s. (a).]

 Section 1.01 BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

Falconry exemption

1.01   Where a person is legally in possession of a raptor and he uses the bird for the purposes of falconry, he is for those purposes exempted from section 77 (2) of the Act.

 Section 1.02 (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

    and releases the animal in an area of the Province where it naturally occurs, he is for that purpose exempted from section 77 (2) of the Act.

 Section 3.01 BEFORE amended by BC Reg 138/2013, effective March 22, 2013.

 Form of information

3.01  An information for the purposes of section 92 of the Wildlife Act may be in the form provided as Form 1 in the Schedule to the Offence Act.

 Section 4.01 BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

Transport by hunter

4.01   For the purposes of section 37 of the Act, a person may ship or transport wildlife or fish or parts of them where

(a) he has killed or taken them,

(b) he personally accompanies them, and

(c) he has in his immediate possession

(i) all the licences he was required to hold in order to kill or take the wildlife or fish lawfully, or

(ii) a permit.

 Section 4.02 BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

Transport for another person

4.02   For the purposes of section 37 of the Act, a person may offer to ship or transport, or engage another person to ship or transport, wildlife or fish or parts of them where they are lawfully in his possession or in the possession of the person on whose behalf he offers to ship or transport or engages another person to ship or transport them.

 Section 4.03 (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

4.03   For the purposes of section 37 of the Act, a person may ship or transport wildlife or fish killed or taken by another person or parts of them where he has in his immediate possession a record of receipt of the wildlife or fish or parts of them showing

 Section 4.04 (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

    may ship or transport wildlife or fish or parts of them lawfully in his possession where

 Section 4.04 (d) and (e) (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

(d) he personally accompanies them, or

(e) he identifies each package with his name and address and completes a written declaration that accompanies the shipment stating

 Section 4.05 (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

    engaged in his calling, may ship or transport, or offer to ship or transport, dead wildlife or fish or parts of them

 Section 4.07 was enacted by BC Reg 38/2013, effective April 1, 2013.

 Section 7.04, table item BEFORE amended by BC Reg 68/2016, effective March 10, 2016.

Column 1
(hunting)
Column 2
(angling)
Column 3
Repealed.
[B.C. Reg. 340/2005,
s. 14 (d).]
Column 4
(period)
Wildlife Act — section 24 (7) (a) or (b)Wildlife Act — section 24 (7) (a) or (d)3 years

 Section 7.04 (1) and (2) BEFORE amended by BC Reg 79/2018, effective April 16, 2018.

(1) A person convicted of an offence listed in Column 1 of the Table in this section, is ineligible to obtain a hunting licence for the period for that offence indicated in Column 4 of the Table.

(2) A person convicted of an offence listed in Column 2 of the Table in this section, is ineligible to obtain an angling licence for the period for that offence indicated in Column 4 of the Table.

 Section 7.04 (8) was added by BC Reg 79/2018, effective April 16, 2018.

 Section 7.04 table BEFORE re-enacted by BC Reg 79/2018, effective April 16, 2018.

Table
Column 1
(hunting)
Column 2
(angling)
Column 3
Repealed.
[B.C. Reg. 340/2005,
s. 14 (d).]
Column 4
(period)
Firearm Act - section 33 years
Wildlife Act - section 222 years
Wildlife Act - section 24 (6) (a) or (b)Wildlife Act - section 24 (6) (a) or (d)2 years
Wildlife Act - section 24 (7) (a) or (b)Wildlife Act - section 24 (7) (a) or (c)3 years
Wildlife Act - section 24 (14) (a) or (b) (i)Wildlife Act - section 24 (14) (a) or (b) (iii)3 years
Wildlife Act - section 26 (1) (a), (e) or (g)5 years
Wildlife Act - section 26 (1) (f)3 years
Wildlife Act - section 283 years
Wildlife Act - section 81 with reference to a hunting licenceWildlife Act - section 81 with reference to an angling licence1 year
Wildlife Act - section 82 with reference to a hunting licenceWildlife Act - section 82 with reference to an angling licence2 years

 Section 7.06 BEFORE repealed by BC Reg 74/2017, effective March 1, 2017.

Offence

7.06   (1) A person whose hunting licence is cancelled or who has been prohibited from hunting under the Act must immediately deliver the person's hunter number card to the director on request by the director.

(2) A person who fails to comply with subsection (1) commits an offence.

[en. B.C. Reg. 426/98; am. B.C. Reg. 198/99, s. 1.]

 Section 10.01 (1) and (2) BEFORE amended by BC Reg 8/2015, effective January 19, 2015.

(1) A person who possesses or transports fur bearing animals under a licence issued under the Fur Farm Act is exempt from sections 33 (1) and 37 of the Act.

(2) A person who holds a licence for a particular species of fur bearing animal under the Fur Farm Act and who imports or exports live fur bearing animals of that species from or to another province, is exempt from section 21 (1) of the Act.

 Section 11.01 (part) BEFORE amended by BC Reg 138/2013, effective March 22, 2013.

is, for the purpose of qualifying as a resident, exempt from the requirements set out in paragraph (a) of the definition of "resident" in section 1 of the Wildlife Act.

 Division 12, sections 12.01 to 12.04 BEFORE re-enacted by BC Reg 52/2018, effective April 1, 2018.

Division 12 — Retrieval of Wildlife Killed

Fur bearing animals

12.01   A person is exempt from section 35 (2) (b) of the Act if that person kills a grizzly bear, cougar or a fur bearing animal other than a black bear, and removes the hide to a place described in section 35 (2) (b) of the Act or to a taxidermist, tanner or fur trader.

[en. B.C. Reg. 198/99, s. 2.]

Food use

12.02   (1) For the purpose of section 35 (2) (b) of the Act, "edible portions" with respect to big game, excluding grizzly bear, cougar, wolf, lynx, bobcat and wolverine, means the edible portions of the four quarters and the loins of the animal.

(2) For the purpose of section 35 (2) (b) of the Act, "edible portions" with respect to game birds means the edible portions of both breasts of the bird.

(3) Despite subsections (1) and (2), "edible portions" do not include meat that has been damaged and made inedible by the method of taking.

[en. B.C. Reg. 198/99, s. 2; am. B.C. Reg. 479/2004.]

Transfer of carcass

12.03   A person who kills wildlife and transfers possession of that wildlife to another person is exempt from section 35 (2) (b) of the Act, if the person who receives the wildlife complies with section 35 (2) (b) of the Act.

[en. B.C. Reg. 198/99, s. 2.]

Exemption

12.04   A person is exempt from section 35 (2) (b) of the Act if that person kills wildlife of a species not described in section 12.01 or 12.02.

[en. B.C. Reg. 198/99, s. 2.]

 Section 12.05 was enacted by BC Reg 52/2018, effective April 1, 2018.

 Section 16.01 (j) BEFORE repealed by BC Reg 18/2015, effective April 1, 2015.

(j) an assistant guide licence,

 Section 16.01 (h) BEFORE repealed by BC Reg 78/2016, effective April 1, 2016.

(h) a hunter number card,

 Section 16.01 (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

16.01   A person commits an offence where he fails to comply with a condition of or an instruction in

 Section 16.011 was enacted by BC Reg 138/2013, effective March 22, 2013.

 Section 17.01 (part) BEFORE amended by BC Reg 74/2017, effective March 1, 2017.

Sale of birds held under permit

17.01   for the purpose of selling birds he holds under permit.

 Section 18.02 (2) (part) BEFORE amended by BC Reg 138/2013, effective March 22, 2013.

  (1)  The following offences are prescribed for the purposes of section 84 (1) (b) (ii) of the Wildlife Act:

 Section 18.02 (a) (ii) BEFORE amended by BC Reg 52/2018, effective April 1, 2018.

(ii) section 2.08 (1) or (2);

 Section 18.02 (b) BEFORE repealed by BC Reg 52/2018, effective April 1, 2018.

(b) section 9 (1) of B.C. Reg. 134/93, the Limited Entry Hunting Regulation;

 Section 18.02 (c) BEFORE amended by BC Reg 52/2018, effective April 1, 2018.

(c) section 17 (1) (m) of B.C. Reg. 190/84, the Hunting Regulation.

 Division 18, sections 18.01 to 18.02 BEFORE repealed by BC Reg 1/2019, effective January 2, 2019.

Division 18 — Penalties

Trafficking penalty

18.01   An offence under section 2.08 (3) of B.C. Reg. 338/82, the Wildlife Act Commercial Activities Regulation, is prescribed as an offence for the purpose of section 84 (1) (a) (ii) of the Act.

[en. B.C. Reg. 368/99, s. 3.]

Increased penalties

18.02   (1) Offences under the following provisions are prescribed as offences for the purposes of section 84 (1) (b) (ii) of the Act:

(a) the following sections of B.C. Reg. 338/82, the Wildlife Act Commercial Activities Regulation:

(i) section 1.05 (2) or (3);

(ii) section 2.08 (1);

(iii) section 2.09 (1);

(iv) section 3.04 (3) (c);

(v) section 5.02 (2);

(b) Repealed. [B.C. Reg. 52/2018, Sch. 5, s. 2 (b).]

(c) the following sections of B.C. Reg. 190/84, the Hunting Regulation:

(i) section 13.7;

(ii) section 17 (1) (m).

(2) The following offences are prescribed for the purposes of section 84 (1) (b) (ii) of the Act:

(a) an offence under section 16.01 (i) of this regulation of failing to comply with the term or condition in section 1.041 of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82;

(b) an offence under section 16.01 (m) of this regulation of failing to comply with a term or condition under section 5.04 (1) (a) or imposed under section 5.04 (2) of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82.

[en. B.C. Reg. 368/99, s. 3; am. B.C. Regs. 25/2005, s. 9; 138/2013, s. (c); 52/2018, Sch. 5, s. 2.]

 Division 20, sections 20.01 to 20.03 were enacted by BC Reg 127/2017, effective March 31, 2017.

 Division 21, sections 20.04 to 20.06 were enacted by BC Reg 127/2017, effective March 31, 2017.

 Section 20.01 BEFORE re-enacted by BC Reg 1/2019, effective January 2, 2019.

Failure to submit reports

20.01   (1) In this section, "angling guide report" means a report referred to in section 13 (1) (b) of the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, that includes the information referred to in that section and, if applicable, section 13 (3) (c) of that regulation.

(2) This section applies to a person who fails to make an angling guide report that the person is required to make by the conditions of an angling guide licence, until the report is made.

(3) Subject to section 20.03, a person described in subsection (2) of this section is not eligible to apply for or obtain a licence, permit or limited entry hunting authorization under the Act.

[en. B.C. Reg. 127/2017, App. 8, s. 2.]

 Section 20.02 BEFORE re-enacted by BC Reg 159/2018, effective July 16, 2018.

Failure to pay royalties

20.02   (1) This section applies to a person who fails to pay a royalty that the person is required to pay under section 69 of the Act, until the royalty is paid.

(2) Subject to section 20.03, a person described in subsection (1) of this section is not eligible to apply for or obtain a licence, permit or limited entry hunting authorization under the Act.

[en. B.C. Reg. 127/2017, App. 8, s. 2.]

 Section 20.03 (1) (b) BEFORE amended by BC Reg 159/2018, effective July 18, 2018.

(b) section 20.02 (2) of this regulation, and

 Section 20.03 (1) (a) BEFORE amended by BC Reg 1/2019, effective January 2, 2019.

(a) section 20.01 (3) of this regulation,

 Section 20.04 (1) (a) (part), (b) and (c) BEFORE amended by BC Reg 79/2018, effective April 16, 2018.

(a) valid photo identification issued to a person by any of the following:

(b) a valid NEXUS card;

(c) in the case of a person who is a non resident alien, valid photo identification, in the form of a passport or driver's licence, issued to the person by a foreign jurisdiction in which the person has a current address.

 Section 20.05 (1) (a) BEFORE amended by BC Reg 127/2017, effective September 1, 2017.

(a) a hunting licence issued to a resident;

 Section 20.05 (1) (d) and (e) were added by BC Reg 127/2017, effective September 1, 2017.

 Section 20.05 (f) was added by BC Reg 55/2018, effective April 1, 2018.