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Motor Vehicle Prohibition Regulation B.C

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Motor Vehicle Prohibition Regulation B.C Wildlife Act MOTOR VEHICLE PROHIBITION REGULATION B.C. Reg. 196/99 Deposited and effective June 28, 1999 Last amended April 22, 2021 by B.C. Reg. 112/2021 Consolidated Regulations of British Columbia This is an unofficial consolidation. Consolidation current to August 23, 2021 B.C. Reg. 196/99 (O.C. 732/99), deposited and effective June 28, 1999, is made under the Wildlife Act, R.S.B.C. 1996, c. 488, ss. 108 and 109. 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 23, 2021 Wildlife Act MOTOR VEHICLE PROHIBITION REGULATION B.C. Reg. 196/99 Contents 1 Definitions 1 2 Motor vehicle closed areas 2 3 Motor vehicle hunting closed areas 2 4 Atv and snowmobile closed areas 2 5 Atv and snowmobile hunting closed areas 2 6 Snowmobile hunting closed areas 2 7 Atv hunting closed areas 2 7.1 Snowmobile closed areas 3 8 Exemptions 3 SCHEDULE 1 5 SCHEDULE 2 28 SCHEDULE 3 36 SCHEDULE 4 37 SCHEDULE 5 39 SCHEDULE 6 39 SCHEDULE 7 40 Consolidation current to August 23, 2021 Consolidation current to August 23, 2021 Wildlife Act MOTOR VEHICLE PROHIBITION REGULATION B.C. Reg. 196/99 Definitions 1 In this regulation: “Act” means the Wildlife Act; “all terrain vehicle” or “atv” means a wheeled or tracked vehicle propelled by motorized power, and capable of travel on or off a highway, including a motorcycle but not including (a) a snowmobile, or (b) a motor vehicle that is licensed for highway travel under the Motor Vehicle Act; “electric bicycle” means a wheeled device (a) on which a person may ride, (b) with pedals or hand cranks that allow it to be propelled by human power, and (c) with an electric motor; “existing road or trail” means (a) a road or trail with a paved surface, (b) a cross-country or downhill ski route marked in a ski area by the owner of the ski area, (c) a road used for logging or mining, (d) a road or trail used for access to fences, power lines, wind generators or communication towers, or (e) a trail on which there is no vegetation except on a strip that, if present, can be straddled by a 4-wheel vehicle; “highway” has the same meaning as in the Motor Vehicle Act; “hunting” has the same meaning as “hunt” in the Act, and includes (a) transporting a hunter, (b) transporting game, or (c) transporting equipment, firearms or supplies which are intended for, or in support of, hunting; “management unit” or “M.U.” means an area designated as a management unit by B.C. Reg. 64/96, the Management Unit Regulation; “motor vehicle” means a device in, on or by which a person or thing is being or may be transported or drawn, and which is designed to be self propelled, and includes an atv or snowmobile, but does not include (a) a device designed to be moved by human, animal or wind power, Last amended April 22, 2021 1 Consolidation current to August 23, 2021 B.C. Reg. 196/99 WILDLIFE ACT MOTOR VEHICLE PROHIBITION REGULATION (b) a device designed to be used exclusively on stationary rails or stationary tracks, or (c) a boat propelled by motorized power; “motorcycle” has the same meaning as in the Motor Vehicle Act; “snowmobile” means a vehicle designed primarily for travel on snow or ice, having one or more steering skis, self propelled and using one or more endless belts or tracks driven in contact with the ground. [am. B.C. Regs. 80/2012, App. 6, s. 1; 169/2020, App. 5, s. 1.] Motor vehicle closed areas 2 A person commits an offence if the person uses or operates a motor vehicle or electric bicycle in an area described in Schedule 1 during the period specified in that schedule for each area. [am. B.C. Reg. 169/2020, App. 5, ss. 2 and 3.] Motor vehicle hunting closed areas 3 A person commits an offence if the person uses or operates a motor vehicle or electric bicycle for the purpose of hunting in an area described in Schedule 2 during the period specified in that schedule for each area. [am. B.C. Reg. 169/2020, App. 5, ss. 2 and 3.] Atv and snowmobile closed areas 4 A person commits an offence if the person uses or operates an atv, electric bicycle or snowmobile in an area described in Schedule 3 during the period specified in that schedule for each area. [am. B.C. Reg. 169/2020, App. 5, ss. 2 and 4.] Atv and snowmobile hunting closed areas 5 A person commits an offence if the person uses or operates an atv, electric bicycle or snowmobile for the purpose of hunting in an area described in Schedule 4 during the period specified in that schedule for each area. [am. B.C. Reg. 169/2020, App. 5, ss. 2 and 4.] Snowmobile hunting closed areas 6 A person commits an offence if the person uses or operates a snowmobile for the purpose of hunting in an area described in Schedule 5 during the period specified in that schedule for each area. [am. B.C. Reg. 169/2020, App. 5, s. 2.] Atv hunting closed areas 7 A person commits an offence if the person uses or operates an atv or electric bicycle for the purpose of hunting in an area described in Schedule 6 during the period specified in that schedule for each area. [am. B.C. Reg. 169/2020, App. 5, ss. 2 and 5.] 2 Last amended April 22, 2021 Consolidation current to August 23, 2021 WILDLIFE ACT B.C. Reg. 196/99 MOTOR VEHICLE PROHIBITION REGULATION Snowmobile closed areas 7.1 A person commits an offence if the person uses or operates a snowmobile in an area described in Schedule 7 during the period specified in that schedule for each area. [en. B.C. Reg. 218/2000, s. 1; am. B.C. Reg. 169/2020, App. 5, s. 2.] Exemptions 8 (1) Sections 3, 5, 6, and 7, with respect to trapping furbearing animals only, do not apply to a person who is authorized to trap under the Act. (2) Section 4 does not apply to a person who uses or operates an atv or snowmobile for a commercial purpose, other than hunting, in an area described in section 3 of Schedule 3. (3) Section 4 does not apply to a person who uses or operates a snowmobile in an area described in section 3 of Schedule 3 during the period December 1 to May 1 inclusive. (3.1) Repealed. [B.C. Reg. 169/2020, App. 5, s. 6.] (4) Section 2 does not apply to a person who uses or operates a snowmobile, for a purpose other than hunting, (a) in an area described in sections 37, 38, 42, 75 and 107 to 110 of Schedule 1, (b) in an area described in section 22 of Schedule 1 during the period December 1 to March 31 inclusive, and (c) in an area described in section 41 of Schedule 1 during the period November 1 to April 30 inclusive. (5) Section 2 does not apply to a person who uses or operates a snowmobile (a) in an area described in section 43 of Schedule 1 during the period November 1 to May 31 inclusive, (b) in an area described in sections 21 and 44 of Schedule 1 during the period December 1 to April 30 inclusive, (c) in an area described in section 46 of Schedule 1 during the period December 1 to May 31 inclusive, (d) Repealed. [B.C. Reg. 218/2000, s. 2.] (e) in an area described in section 66, 71, 83, 84, 85 or 115 of Schedule 1, or (f) in an area described in section 69 (Middlepass Creek) of Schedule 1. (6) Section 2 does not apply to a person who uses or operates a motor vehicle, except a snowmobile, for a commercial purpose other than hunting in an area described in section 44 of Schedule 1. (7) Section 2 does not apply to a person who uses or operates a motor vehicle for industrial forestry purposes in an area described in section 45 of Schedule 1. (7.1) Section 2 does not apply to a person who uses or operates a motor vehicle for a commercial purpose other than hunting Last amended April 22, 2021 3 Consolidation current to August 23, 2021 B.C. Reg. 196/99 WILDLIFE ACT MOTOR VEHICLE PROHIBITION REGULATION (a) in an area described in section 9 of Schedule 1 and outside of Junction Sheep Range Provincial Park, or (b) in an area described in section 86, 111 or 117 of Schedule 1. (7.2) Section 2 does not apply to a person who uses or operates a motor vehicle for a commercial purpose in the area described in section 71 (Finlay) of Schedule 1, provided the motor vehicle stays on existing mining and logging roads.
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