DOWNLOAD PDF ORDER IN COUNCIL RESPECTING THE PROVINCE OF BRITISH COLUMBIA

Size: px
Start display at page:

Download "DOWNLOAD PDF ORDER IN COUNCIL RESPECTING THE PROVINCE OF BRITISH COLUMBIA"

Transcription

1 Chapter 1 : Order in Council Administration Office Contact Information - Province of British Columbia Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. They include ecological reserves; provincial parks; conservancies; recreation areas; and protected areas established under the Environment and Land Use Act. Ecological Reserve Ecological reserves are Crown lands reserved for ecological purposes including the following: Areas suitable for scientific research and educational purposes associated with studies in productivity and other aspects of the natural environment; Areas that are representative examples of natural ecosystems in British Columbia; Areas that serve as examples of ecosystems that have been modified by human beings and offer an opportunity to study the recovery of the natural ecosystem from modification; Areas where rare or endangered native plants and animals in their natural habitat may be preserved; and, Areas that contain unique and rare examples of botanical, zoological or geological phenomena. The legislation guiding the ecological reserve program is very restrictive and all extractive activities are prohibited. As such, ecological reserves are considered to be the areas most highly protected and least subject to human influence. Ecological reserves can be established by two means: While most ecological reserves are open to the public, they are not established for outdoor recreation and no extractive activities are allowed. Provincial Parks All provincial parks are highly protected Crown lands and managed to high standards. There are three classifications of provincial parks: These parks are lands dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public. Development in a Class A park is limited to that which is necessary for the maintenance of its recreational values. Activities such as grazing, hay cutting and other uses except commercial logging, mining or hydroelectric development that existed at the time the park was established may be allowed to continue in certain parks. Class A parks can be established by two means. Class A parks can be established by either order in council under the Park Act or by inclusion in a schedule to the Protected Areas of British Columbia Act. Class B Park Class B parks differ from Class A parks in that a Class B park may permit a broader range of activities and uses provided that such uses are not detrimental to the recreational values of the park. Class B parks are established by order in council. Class C Park The requirements for the management of Class C parks with respect to restricting the alienation of interests and protecting natural resources is identical to those for Class A parks. Class C parks differ from Class A parks in that a Class C park must be managed by a local board appointed by the minister. They are generally small parks providing local recreational amenities. Class C parks are established by order in council. Conservancy Conservancies are Crown lands set aside for: The conservancy designation explicitly recognizes the importance of these areas to First Nations for social, ceremonial and cultural uses. Conservancies provide for a wider range of low impact, compatible economic opportunities than Class A parks, however, commercial logging, mining and hydroelectric power generation, other than local run-of-the-river projects, are prohibited. These economic opportunities must still not restrict, prevent or hinder the conservancy from meeting its intended purpose with respect to maintaining biological diversity, natural environments, First Nations social, ceremonial and cultural uses, and recreational values. Conservancies can be designated by two means. Conservancies can be established by order in council under the Park Act or by inclusion in a schedule to the Protected Areas of British Columbia Act. Presently, all conservancies are established by inclusion in schedules to the Protected Areas of British Columbia Act. The Environment and Land Use Act is a broad piece of legislation which empowers a Land Use Committee of Cabinet to ensure that all aspects of the preservation and maintenance of the natural environment are fully considered in the administration of land use and resource development. Protected areas generally have one or more existing or proposed activities that are not usually allowed in a park e. Allowable activities and management direction are determined by specific provisions and any special conditions when the area is Page 1

2 established as well as relevant sections of the Park Act and Park, Conservancy and Recreation Area Regulation as identified in the order in council. Protected area designations under the Environment and Land Use Act are by order in council. Recreation Areas Recreation areas are Crown lands set aside for public recreational use. The majority of these areas were established to allow a mineral resource evaluation under a time-limited tenure; no other industrial activities are permitted. All current recreation areas are being evaluated to determine if they should become fully protected or returned to integrated resource management lands. Recreation areas are established by order in council. Page 2

3 Chapter 2 : Laws Publications - Government If assistance is required, contact the Order in Council Administration Office at or BCAuthentication@theinnatdunvilla.com Did you find what you were looking for? Thank you for your response. And it was further enacted that the provisions of any Order in Council in that behalf should have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. And whereas by Addresses from the Houses of the Parliament of Canada and from the Legislative Council of British Columbia respectively, of which Addresses copies are contained in the Schedule to this Order annexed, Her Majesty was prayed, by and with the advice of Her most Honourable Privy Council, under the one hundred and fortysixth section of the hereinbefore recited Act, to admit British Columbia into the Dominion of Canada, on the terms and conditions set forth in the said Addresses. And whereas Her Majesty has thought fit to approve of the said terms and conditions. It is hereby ordered and declared by Her Majesty, by and with the advice of Her Privy Council, in pursuance and exercise of the powers vested in Her Majesty by the said Act of Parliament, that from and after the twentieth day of July, one thousand eight hundred and seventyone, the said Colony of British Columbia shall be admitted into and become part of the Dominion of Canada, upon the terms and conditions set forth in the hereinbefore recited Addresses. And, in accordance with the terms of the said Addresses relating to the electoral districts in British Columbia, for which the first election of members to serve in the House of Commons of the said Dominion shall take place, it is hereby further ordered and declared that such electoral districts shall be as follows: All the remainder of Vancouver Island, and all such islands adjacent thereto, as were formerly dependencies of the late Colony of Vancouver Island District, shall constitute one district. Canada shall be liable for the debts and liabilities of British Columbia existing at the time of the Union. British Columbia not having incurred debts equal to those of the other Provinces now constituting the Dominion, shall be entitled to receive, by half-yearly payments, in advance from the General Government, interest at the rate of five per cent. The following sums shall be paid by Canada to British Columbia for the support of its Government and Legislature, to wit, an annual subsidy of 35, dollars, and an annual grant equal to 80 cents per head of the said population of 60,, both half-yearly in advance, such grant of 80 cents per head to be augmented in proportion to the increase of population, as may be shown by each subsequent decennial census, until the population amounts to,, at which rate such grant shall thereafter remain, it being understood that the first census be taken in the year The Dominion will provide an efficient mail service, fortnightly, by steam communication between Victoria and San Francisco, and twice a week between Victoria and Olympia; he vessels to be adapted for the conveyance of freight and passengers 5. Canada will assume and defray the charges for the following services: Salary of the Lieutenant-Governor; B. The charges in respect to the Department of Customs; D. The Postal and Telegraphic Services; E. Protection and Encouragement of Fisheries; F. Provision for the Militia; G. The Geological Survey; I. The Penitentiary; And such further charges as may be incident to and connected with the services which by the "British North America Act of " appertain to the General Government, and as are or may be allowed to the other Provinces. It is agreed that the existing Customs tariff and Excise duties shall continue in force in British Columbia until the railway from the Pacific coast and the system of railways in Canada are connected, unless the Legislature of British Columbia should sooner decide to accept the Tariff and Excise Laws of Canada. When Customs and Excise duties are, at the time of the union of British Columbia with Canada, leviable on any goods, wares, or merchandizes in British Columbia, or in the other Provinces of the Dominion, those goods, wares, and merchandizes may, from and after the Union, be imported into British Columbia from the Provinces now composing the Dominion, or into either of those Provinces from British Columbia, on proof of payment of the Customs or Excise duties leviable thereon in the Province of exportation, and on payment of such further amount if any of Customs or Excise duties as are leviable thereon in the Province of importation. This arrangement to have no force or effect after the assimilation of the Tariff and Excise duties of British Page 3

4 Columbia with those of the Dominion. British Columbia shall be entitled to be represented in the Senate by three members, and by six members in the House of Commons. The representation to be increased under the provisions of the "British North America Act, " 9. The influence of the Dominion Government will be used to secure the continued maintenance of the naval station at Esquimalt. The Government of the Dominion undertake to secure the commencement simultaneously, within two years from the date of the Union, of the construction of a railway from the Pacific towards the Rocky Mountains, and from such point as may be selected, east of the Rocky Mountains, towards the Pacific, to connect the seaboard of British Columbia with the railway system of Canada; and further, to secure the completion of such railway within ten years from the date of the Union. And the Government of British Columbia agrees to convey to the Dominion Government, in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length in British Columbia, not to exceed, however, twenty 20 miles on each side of said line, as may be appropriated for the same purpose by the Dominion Government from the public lands in the northwest territories and the Province of Manitoba. Provided that the quantity of land which may be held under preemption right or by Crown grant within the limits of the tract of land in British Columbia to be so conveyed to the Dominion Government shall be made good to the Dominion from contiguous public lands; and provided further, that until the commencement, within two years, as aforesaid, from the date of the union, of the construction of the said railway, the Government of British Columbia shall not sell or alienate any further portions of the public lands of British Columbia in any other way than under right of preemption, requiring actual residence of the preemptor on the land claimed by him. In consideration of the land to be so conveyed in aid of the construction of the said railway, the Dominion Government agree to pay to British Columbia from the date of the Union, the sum of, dollars per annum, in half-yearly payments in advance. The charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit, shall be assumed by the Dominion Government and a policy as liberal as that hitherto pursued by the British Columbia Government shall be continued by the Dominion Government after the Union. To carry out such policy, tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to appropriate for that purpose, shall from time to time be conveyed by the Local Government to the Dominion Government in trust for the use and benefit of the Indians on application of the Dominion Government; and in case of disagreement between the two Governments respecting the quantity of such tracts of land to be so granted, the matter shall be referred for the decision of the Secretary of State for the Colonies. The Constitution of the Executive Authority and Or the Legislature of British Columbia shall, subject to the provisions of "The British North America Act, ", continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time understood that the Government of the Dominion will readily consent to the introduction of responsible government when desired by the inhabitants of British Columbia, and it being likewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the existing Constitution of the Legislature by providing that a majority of its members shall be elective. The Union shall take effect according to the foregoing terms and conditions on such day as Her Majesty by and with the advice of Her Most Honourable Privy Council may appoint on addresses from the Legislature of the Colony of British Columbia and of the Houses of Parliament of Canada in the terms of the th section of "The British North America Act, " and British Columbia may in its address specify the electoral districts for which the first election of members to serve in the House of Commons shall take place. That such terms have proved generally acceptable to the people of this Colony. And that all the remainder of Vancouver Island, and all such islands adjacent thereto as were formerly dependencies of the late colony of Vancouver Island District shall constitute one district, to be designated "Vancouver Island District," and return one Member. We further humbly represent, that the proposed terms and conditions of Union of British Columbia with Canada, as stated in the said Address, are in conformity with those preliminarily agreed upon between delegates from British Columbia and the Members of the Page 4

5 Government of the Dominion of Canada, and embodied in a Report of a Committee of the Privy Council. The Committee of the Privy Council have had under consideration a Despatch, dated the 7th May,, from the Governor of British Columbia, together with certain resolutions submitted by the Government of that colony to the Legislative Council thereof--both hereunto annexed--on the subject of the proposed union of British Columbia with the Dominion of Canada; and after several interviews between them and the Honourable Messrs. The Senate, Wednesday, April 5, Page 5

6 Chapter 3 : List of cities in British Columbia - Wikipedia Executive Council, orders that approval is given to the Minister of Children and Family Development, on behalf of the government of British Columbia, to enter into an agreement, the "Canada - British Columbia Early Learning and Child. It is important to note that the official plan and the legal description in the Act must be considered together. When an official plan is used, it is not necessarily the full description of the protected area. Acts and Regulations The British Columbia protected areas system is governed by the following several pieces of legislation acts and regulations. Ecological Reserve Act and Regulations The Ecological Reserve Act provides for the establishment and administration of ecological reserves. Ecological reserves are established by inclusion to the schedules of the Protected Areas of British Columbia Act or by order in council under the Act. The Ecological Reserve Regulations identifies conduct and activities that are not appropriate in an ecological reserve. Park Act and Regulations The Park Act provides for the establishment, classification and management of parks, conservancies and recreation areas. Under the authority of the Park Act, there are three classes of parks: Class A, B and C. Class A parks and conservancies are established by inclusion in the schedules to the Protected Areas of British Columbia Act or by order in council under the Act. Class B and C parks and recreation areas are established by order in council under the Act. The Park, Conservancy and Recreation Area Regulation provides regulations around the requirement for permits; public conduct and enforcement; the use of motor vehicles, vessels and aircraft; the use of firearms for hunting and fishing; waste management; camping and picnicking; fees; and the authority of park rangers. The Act ensures that the boundaries of these areas cannot be modified to remove lands except by an Act of the Legislature. There are six schedules in this Act: Schedule A includes those ecological reserves with Official Plans i. Schedule C includes many of the older Class A parks those established prior to and those established since which do require the enabling provisions of section 30 of the Park Act which grandfathers pre-existing uses and allow range tenures to continue. Schedule D includes newer Class A parks established since or older parks which have had recent additions which require the enabling provisions of section 30 of the Park Act to allow pre-existing uses and range tenures to continue. Schedule E includes most conservancies. Schedule F includes conservancies in which the Minister has the authority to issue a park use permit for road construction through the conservancy to access natural resources lying beyond the conservancy section Environment and Land Use Act This Act empowers a Land Use Committee of Cabinet to ensure all aspects of the preservation and maintenance of the natural environment are fully considered in the administration of land use and resource development. Orders can be made respecting the environment or land use, including the establishment of protected areas. Section 5 b describes one of the functions of the Ministry as being to encourage outdoor recreation, establish parks and conserve the natural scenic and historic features of British Columbia. Section 6 provides the Minister with the authority, for the purposes of the Act, to enter into agreements subject to the approval of the Lieutenant Governor in Council with the Government of Canada, the government of another province, or with any other person or a municipality. Section 9 gives authority to the minister to dispose of, acquire and manage land for ministry purposes. Ministry of Environment Act The Ministry of Environment Act gives the Minister authority to acquire property and to enter into agreements with other governments with the approval of the Lieutenant Governor in Council. Chapter 4 : Order of British Columbia - Wikipedia Orders in Council content is now available on the theinnatdunvilla.com site. BC laws provides access to current and historical orders in council dating back to BC laws provides access to current and historical orders in council dating back to Page 6

7 Chapter 5 : Contact â Government House Ecological reserves are established by inclusion to the schedules of the Protected Areas of British Columbia Act or by order in council under the Act. The Ecological Reserve Regulations identifies conduct and activities that are not appropriate in an ecological reserve. Chapter 6 : School Act Related Regulations and Orders in Council - Province of British Columbia The Order of British Columbia is a civilian honour for merit in the Canadian province of British theinnatdunvilla.comuted in by Lieutenant Governor David Lam, on the advice of the Cabinet under Premier Bill Vander Zalm, the order is administered by the Governor-in-Council and is intended to honour current or former British Columbia residents for conspicuous achievements in any field, being. Chapter 7 : Province submits court reference to protect B.C.â s coast BC Gov News PROVINCE OF ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order In Council No., Approved and Ordered JUN 1 8 ElltcutiYe COUIlCU Chambers., Victoria. Chapter 8 : About BC Parks - BC Parks - Province of British Columbia PROVINCE OF ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. -- 1, Approved and Ordered 'bt, 1 '- '7 Executive Council Chambers, Victoria. Chapter 9 : Order in Council and Ministerial Order Resumes School Act Related Regulations and Orders in Council. Celebrating British Columbia; Notes in brackets on the following pages respecting enactment of an OIC or. Page 7