The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 3rd day of November, 2011
Ian D. Izard, Q.C., Law Clerk
HONOURABLE STEVE THOMSON
MINISTER OF FORESTS, LANDS AND
NATURAL RESOURCE OPERATIONS
|2||Natural resource officers — designation|
|3||Natural resource officers — powers and duties|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"ministry" means the ministry of the minister responsible for the administration of this Act;
"natural resource officer" means a person designated under section 2.
2 (1) Subject to the regulations, if any, the minister may designate in writing persons or a class of persons as natural resource officers.
(2) In designating natural resource officers under subsection (1), the minister may
(a) describe a person by name, title, position or class,
(b) limit the designation to a specified time period or geographical area,
(c) limit the powers and duties conferred under section 3 to the officials or enactments specified in the designation,
(d) describe the limitations, if any, on the natural resource officer's powers and duties, or
(e) make the designation subject to other terms and conditions.
(3) The minister may vary or revoke a designation.
3 (1) Despite any other enactment, but subject to the limitations, terms and conditions, if any, imposed by the minister under section 2 (2), a natural resource officer may
(a) exercise the powers and perform the duties of a prescribed official under a prescribed enactment, and
(b) enforce the prohibitions or requirements of prescribed enactments.
(2) Subject to this Act, the exercise of powers and the performance of duties conferred on a natural resource officer under subsection (1) (a) remain subject to the prescribed enactment.
4 The minister may, in writing,
(a) delegate the power of the minister under section 2 to
(i) a person employed in the ministry, or
(ii) a class of persons employed in the ministry,
(b) provide directions that are binding on the delegate respecting the exercise of the power, and
(c) vary or revoke a delegation or direction.
5 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the designation of natural resource officers under section 2;
(b) prescribing officials and enactments for the purpose of section 3 (1) (a);
(c) prescribing enactments for the purpose of section 3 (1) (b).
(3) In making a regulation under this Act, the Lieutenant Governor in Council may make different regulations for different persons, classes of persons, places or activities.
6 This Act comes into force by regulation of the Lieutenant Governor in Council.