Statutes and Regulations


 
RANGE ACT - Continued
[SBC 2004] Chapter 71
 
Consolidated to December 1, 2007
Last Amendment: 2007 Bills 33 (B.C. Reg. 354/2007)
 
 
 
 
Part 4 -- Miscellaneous and Regulations
 
 
Division 1 -- Miscellaneous
 
 
  Delivery of notices and other documents
  77   For the purposes of a provision of this Act or the regulations that requires or permits the delivery of a notice or another document to a person, the person is presumed to have received the notice or other document
  (a) on the eighth day after its mailing,
  (b) on it being deposited in the person's
  (i) mailbox, or
  (ii) other receptacle
    at the person's residence or place of business, or
  (c) on it being left at the person's residence or place of business with someone who is or appears to be at least 16 years of age.
 
 
  Range districts
  78   The Lieutenant Governor in Council may
  (a) establish an area of British Columbia as a range district,
  (b) vary the boundaries of a range district,
  (c) change the name of a range district, and
  (d) disestablish a range district. Division 2 -- Regulations
 
 
  Power to make regulations
  79 (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) for the purposes of the definition in section 1 (1) of "animal unit month", respecting the calculation of amounts of forage required by types of livestock, which may differ according to the animal's type, sex, stage of development or breed;
NEW  (a.1) for the purposes of section 1 (2) (a), specifying which powers and duties of the minister under this Act must not be delegated;NEW
  (b) prescribing the rent, fees and costs payable in respect of applications, licences and permits;
  (c) specifying the form and content of applications for licences or permits;
  (d) respecting public notice associated with applications for licences or permits or with entering into licences or permits;
  (e) respecting the form and content of agreements made under section 21;
  (f) governing the use of Crown range other than for grazing or hay cutting purposes;
  (g) for the purposes of sections 39 to 43, prescribing respecting value, including but not limited to
  (i) determining value and defining the components that comprise value,
  (ii) prescribing methods of evaluation for use in determining value,
  (iii) prescribing factors to be taken into account in an evaluation,
  (iv) defining the role of evaluators in a determination of value and prescribing qualifications for evaluators that are prerequisite to their participation in the determination of value, and
  (v) prescribing requirements for the selection of an arbitrator;
  (h) respecting the surrender of a licence or permit;
  (i) respecting reporting and filings by holders of licences and permits of matters affecting rights under licences and permits, including but not limited to reporting about
  (i) amalgamation of a holder that is a corporation with one or more other holders,
  (ii) changes in the control of a holder that is a corporation or partnership, and
  (iii) the disposition of a licence or permit or of an interest in a licence or permit;
  (j) defining words or expressions used but not defined in this Act.
 
  (3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
  (a) respecting administrative penalties that, under section 71 of the Forest and Range Practices Act, may be imposed for the contravention of a provision of this Act, and
  (b) respecting charges and administrative penalties in cases in which a person does not comply with one or more of the following:
  (i) this Act;
  (ii) the regulations;
  (iii) a licence under this Act;
  (iv) a permit under this Act.
 
  (4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
  (a) delegate a matter to a person;
  (b) confer a discretion on a person;
  (c) make different regulations for different persons, places, things or transactions.
 
 
  Criteria for exercise of discretionary powers
  80 (1) The Lieutenant Governor in Council may make regulations respecting the criteria that a person must use in exercising a discretionary power conferred on the person under this Act.
 
  (2) Criteria prescribed under subsection (1) are in addition to any criteria required by this Act.
 
 
  Implementation regulations
  81 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation this Act, and to remedy any transitional difficulties encountered in doing so.
 
  (2) A regulation made under this section may be made retroactive to a date not earlier than the date this section comes into force.
 
  (3) This section is repealed on January 1, 2007, and on its repeal any regulations under it are also repealed.
 
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