Class C Parks Regulations (B.C. Reg. 227/67)

Park Act CLASS C PARKS REGULATIONS B.C. Reg. 227/67 Last amended March 30, 2022 by B.C. Reg. 81/2022 Consolidated Regulations of British Columbia This is an unofficial consolidation. Consolidation current to August 31, 2022 B.C. Reg. 227/67 (O.C. 2916/67) is made under the Park Act, R.S.B.C. 1996, c. 344, s. 29. This is an unofficial consolidation provided for convenience only. This is not a copy prepared for the purposes of the Evidence Act. This consolidation includes any amendments deposited and in force as of the currency date at the bottom of each page. See the end of this regulation for any amendments deposited but not in force as of the currency date. Any amendments deposited after the currency date are listed in the B.C. Regulations Bulletins. All amendments to this regulation are listed in the Index of B.C. Regulations. Regulations Bulletins and the Index are available online at www.bclaws.ca. See the User Guide for more information about the Consolidated Regulations of British Columbia. The User Guide and the Consolidated Regulations of British Columbia are available online at www.bclaws.ca. Prepared by: Office of Legislative Counsel Ministry of Attorney General Victoria, B.C. Consolidation current to August 31, 2022 Park Act CLASS C PARKS REGULATIONS B.C. Reg. 227/67 Contents 1 Interpretation 1 PART 1 – PARK BOARDS 2 Appointment of board 1 3 Meetings of park boards 1 4 Request for meeting 1 5 Minister may direct meeting 1 6 Quorum 1 7 Chair to preside 2 8 When no chair present 2 9 Records and accounts 2 10 Funds 2 11 Signing officers 2 12 Seal 2 13 Resignations 2 14 Business of park boards 3 15 No excessive contract without permission 3 16 No debit expenditure without permission 3 17 Payment of accounts 3 18 Installation of facilities 3 19 Inspections by park boards 3 PART 2 – PARK USE PERMITS 20 Park use permit 3 21 Park use permit fees 4 22 Sale of permitted improvement 4 PART 3 – PUBLIC USE OF PARKS 23 Powers of the park board 4 24 Board may make rules 4 25 [Repealed] 4 26 No parking 4 27 No obstruction by vehicle 4 28 No advertising 4 29 No sleeping except in approved areas 5 30 Preservation of property 5 31 Construction restricted 5 32 Sanitation – waters protected 5 33 Dumping prohibited 5 34 Sewage disposal 5 35 No admission charge without permit 5 36 Advertising 5 37 Fires 6 38 Hunting 6 Consolidation current to August 31, 2022 39 Explosives 6 40 Animals 6 41 Minors 6 42 Information 6 43 Observance of rules and regulations 6 44 Violations 6 45 Inspections 7 46 Reports and statements 7 SCHEDULE A 7 Consolidation current to August 31, 2022 Last amended March 30, 2022 1 Park Act CLASS C PARKS REGULATIONS B.C. Reg. 227/67 Interpretation 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; “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. Regs. 109/2002, s. 1; 81/2022, s. 1.] PART 1 – PARK BOARDS Appointment of board 2 The minister shall, on appointing the park board, designate one member to be chair 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. [am. B.C. Reg. 81/2022, s. 2.] Meetings of park boards 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 chair as the business of the board may require. [am. B.C. Reg. 81/2022, s. 2.] Request for meeting 4 The chair 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 chair, provided such notice may be waived by all members of the board present at such a meeting. [am. B.C. Reg. 81/2022, s. 2.] Minister may direct meeting 5 The board shall hold other meetings when directed to do so by the minister. Quorum 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. Consolidation current to August 31, 2022 B.C. Reg. 227/67 PARK ACT CLASS C PARKS REGULATIONS Part 1 – Park Boards 2 Last amended March 30, 2022 Chair to preside 7 The chair shall preside at meetings of the board, and shall exercise one vote in the decisions of the board. [am. B.C. Reg. 81/2022, s. 2.] When no chair present 8 In the absence of the chair, the members present at any duly called meeting of the board shall elect a chair, who shall preside at that meeting. [am. B.C. Reg. 81/2022, s. 2.] Records and accounts 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. Funds 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. Signing officers 11 The chair 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. [am. B.C. Reg. 81/2022, s. 2.] Seal 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. Resignations 13 (1) Every member of a park board who for any reason desires to resign from that board shall submit to the minister the member’s 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. Consolidation current to August 31, 2022 PARK ACT B.C. Reg. 227/67 CLASS C PARKS REGULATIONS Part 2 – Park Use Permits Last amended March 30, 2022 3 (3) The minister may, at the minister’s discretion, discharge or dismiss any member or any officer of a park board where the minister deems it to be in the public interest. [am. B.C. Reg. 81/2022, s. 3.] Business of park boards 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. No excessive contract without permission 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. No debit expenditure without permission 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. Payment of accounts 17 Every account payable by a park board shall be paid by that board as the same becomes due. Installation of facilities 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 juris diction of that board such public facilities or improvements as may be necessary to the public use of that park. Inspections by park boards 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. PART 2 – PARK USE PERMITS Park use permit 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 Consolidation current to August 31, 2022 B.C. Reg. 227/67 PARK ACT CLASS C PARKS REGULATIONS Part 3 – Public Use of Parks 4 Last amended March 30, 2022 the use or establishment of facilities within the park under the jurisdiction of that board. Park use permit fees 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. Sale of permitted improvement 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. PART 3 – PUBLIC USE OF PARKS Powers of the park board 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. Board may make rules 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 Repealed. [B.C. Reg. 81/2022, s. 4.] No parking 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. No obstruction by vehicle 27 No person shall cause or permit a vehicle to obstruct traffic in any park. No advertising 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. Consolidation current to August 31, 2022 PARK ACT B.C. Reg. 227/67 CLASS C PARKS REGULATIONS Part 3 – Public Use of Parks Last amended March 30, 2022 5 No sleeping except in approved areas 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. Preservation of property 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. Construction restricted 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. Sanitation – waters protected 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. Dumping prohibited 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. Sewage disposal 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. No admission charge without permit 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. Advertising 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. Consolidation current to August 31, 2022 B.C. Reg. 227/67 PARK ACT CLASS C PARKS REGULATIONS Part 3 – Public Use of Parks 6 Last amended March 30, 2022 Fires 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. Hunting 38 No person in a park shall hunt or carry any loaded firearm other than (a) a member of the armed forces, or (b) a police officer, conservation officer or park officer while engaged in the performance of the member’s or officer’s duty. [en. B.C. Reg. 81/2022, s. 5.] Explosives 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 duties, shall have in the person’s possession within any park any explosive or explosive substance without a park use permit so to do. [am. B.C. Reg. 81/2022, s. 6.] Animals 40 No person shall cause or permit any animal owned by that person, or in the person’s custody or under the person’s control, to roam at large in any park, except as authorized by a park use permit. [am. B.C. Reg. 81/2022, s. 7.] Minors 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. Information 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. Observance of rules and regulations 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. Violations 44 Every person who violates any provision of these regulations shall, on summary conviction, be guilty of an offence against the Park Act. Consolidation current to August 31, 2022 PARK ACT B.C. Reg. 227/67 CLASS C PARKS REGULATIONS Schedule A Last amended March 30, 2022 7 Inspections 45 The deputy minister to the minister or any duly authorized park officer acting under the instructions of that deputy minister 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. [am. B.C. Reg. 81/2022, s. 8.] Reports and statements 46 The deputy minister to the 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 to the minister, be necessary in the public interest. [am. B.C. Reg. 81/2022, s. 9.] SCHEDULE A ANNUAL PARK USE PERMIT FEES MINIMUM USE RATE 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 Consolidation current to August 31, 2022 B.C. Reg. 227/67 PARK ACT CLASS C PARKS REGULATIONS Schedule A 8 Last amended March 30, 2022 (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. Copyright © 2022, Province of British Columbia Consolidation current to August 31, 2022