Definitions

1   In this regulation:

"Act" means the Community Charter;

"alien invasive species" means the species listed in sections 1 and 2 of the Schedule;

"dangerous wildlife" has the same meaning as in the Wildlife Act;

"excluded pesticide" has the same meaning as in the Integrated Pest Management Regulation, B.C. Reg. 604/2004.

[am. B.C. Regs. 326/2005, s. (a); 235/2008, s. 1.]

Municipal jurisdiction in relation to the environment and wildlife

2   (1) For the purposes of section 9 (4) (a) (i) of the Act, a municipality may,

(a) under section 8 (3) (j) of the Act, regulate, prohibit and impose requirements in relation to polluting or obstructing, or impeding the flow of, a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property,

(b) regulate, prohibit and impose requirements in relation to,

(i) under section 8 (3) (j) of the Act, the sale of wild flowers,

(ii) subject to subsection (2), under section 8 (3) (j) of the Act, the application of pesticides, except excluded pesticides, for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants and turf on a parcel or a part of a parcel if the parcel or part is used for residential purposes, or on land vested in the municipality,

(iii) under section 8 (3) (j) and (k) of the Act, the control and eradication of alien invasive species, and

(iv) under section 8 (3) (k) of the Act, the control of wildlife species listed in Schedule B or C to the Designation and Exemption Regulation, B.C. Reg. 168/90, and

(c) under section 8 (3) (k) of the Act, regulate, prohibit and impose requirements respecting the feeding or attracting of dangerous wildlife or members of the family Cervidae.

(2) For the purposes of section 9 (4) (b) of the Act, a municipality may not exercise the authority under subsection (1) (b) (ii) of this regulation in relation to the application of pesticides

(a) for the management of pests that transmit human diseases or impact agriculture or forestry,

(b) on the residential areas of farms,

(c) to buildings or inside buildings, or

(d) on land used for agriculture, forestry, transportation, public utilities or pipelines unless the public utility or pipeline is vested in the municipality.

(3) For the purposes of subsection 9 (4) (b) of the Act, the exercise of the authority under subsection (1) (c) is subject to the condition that the bylaw must exempt from its application all the following:

(a) a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations;

(b) a farm operation, as defined in section 1 of the Farm Practices Protection (Right to Farm) Act, that

(i) is conducted on, in or over land anywhere in British Columbia, and

(ii) meets the requirements set out in section 2 (2) (a) and (c) of that Act;

(c) a facility for the disposal of waste that is operated in accordance with the Environmental Management Act by a municipality, a regional district, an improvement district that has as an object the disposal of sewage or refuse or the provision of a system for the disposal of sewage or refuse or the Greater Vancouver Sewerage and Drainage District.

[am. B.C. Regs. 326/2005, s. (b); 235/2008, ss. 2 to 4.]