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[1st March, 1913.]
IS MAJESTY, by and with the advice and consent of the
enacts as follows:
R.S.B.C. 1911, c. 89.
1. This Act may be cited as the "Provincial Fisheries Act Amend- Short title. ment Act, 1913."
2. Section 2 of the "Provincial Fisheries Act," being chapter 89 Amends s. 2. of the "Revised Statutes of British Columbia, 1911," is hereby amended by inserting at the end of the definition of "fishing licence" the words " and the words 'fishing licence' shall include a special licence for oyster-beds "; and at the end of the definition of "fishery lease" the words "and fishery lease' shall include a special lease for oyster-beds."
3. Section 4 of said chapter 89 is hereby repealed, and the following is substituted therefor:
Commissioner et al.
"4. The Lieutenant-Governor in Council may appoint an Assistant Appointment of to the Commissioner (who shall be the fisheries expert of the Depart ment), a Deputy Commissioner (who shall have charge of the issuance of fishing licences), Fishery Overseers, and such other officers and clerks as may be necessary and expedient for the purpose of carrying out this Act and the regulations made under it. Such Assistant to the Commissioner, Deputy Commissioner, Overseers, officers, and clerks shall be paid out of the moneys received under the provisions of this Act, or as may be appropriated by the Legislature, such remuneration as shall be determined by the LieutenantGovernor in Council."
4. Section 6 of said chapter 89 is hereby amended by inserting Amends s. 6. between the words "Commissioner " and "Deputy," in the first and
third lines, the words "Assistant to the Commissioner."
Amends s. 7.
Amends s. 11.
Amends s. 43.
Amends s. 44.
Destruction of illegal fishing apparatus.
Power to administer oaths,
5. Section 7 of said chapter 89 is hereby amended by inserting between the words "the" and "Deputy," in the first line, the words "Assistant to the Commissioner."
6. Section 11 of said chapter 89 is hereby amended by striking out the words "except public harbours" in the third and fourth lines.
7. Said chapter 89 is hereby further amended by inserting the following as section 35A:
"35A. (1.) Every owner of a ditch, channel, or canal constructed or adapted for conducting water from any lake, river, or stream for irrigating, manufacturing, domestic, or other purpose shall, when required by the Commissioner of Fisheries or any of his officers, provide and maintain in a good and sufficient state of repair a fish guard or screen of a mesh and character satisfactory to the Commissioner or his officials.
"(2.) Before any dam for power or other purposes is constructed in any river or stream, the person or persons engaged in the construction thereof shall submit his or their plans to the Commissioner of Fisheries, and when required by him shall provide and maintain in a good and sufficient state of repair a fishway or fish-ladder of such size and description as shall be specified by and be in other respects satisfactory to the Commissioner."
8. Section 43 of said chapter 89 is hereby amended by striking out the words "Fishery Overseer" in the second line thereof.
9. Section 44 of said chapter 89 is hereby amended by inserting the word "or" between the words "Justices" and "Commissioner " and striking out the words " or Overseer" in the fourth line thereof.
10. Section 45 of said chapter 89 is hereby repealed, and the following is substituted therefor :
"45. Any Fishery Overseer or Magistrate shall have authority instantly to capture and detain or destroy all seines, or nets, or other materials and articles illegally set or in use which are shown to have been illegally in use; and any Fishery Overseer or Magistrate may, on view or otherwise, convict for any offence against the provisions of this Act, or of any regulation made thereunder."
11. Said chapter 89 is hereby further amended by inserting a new section as follows:
"45A. A Fishery Overseer shall have power to administer oaths and to take and receive affidavits, declarations, and affirmations required to be taken for the purposes of this Act."
Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1. This Act may be cited as the "Forest Act Amendment Act, Short title. 1913."
2. Subsection (c) of section 11 of the "Forest Act," being chapter 17 of the Statutes of 1912, is hereby repealed, and the following is substituted therefor:
"(c.) The special licence proposed to be sold shall then by the Advertisement. Department be advertised for not less than two months
by public advertisement in the Gazette and in a news-
"Provided that should the total amount of Crown
"Provided further that should the total amount of Crown timber comprised in the aforesaid licence be less than five hundred thousand feet, board measure, or the equivalent thereof, advertisement may be made in the Gazette and in a newspaper published and circulating in
Minister may reject tender.
Pulp lessee may tender.
Leases for sawmilling and booming purposes.
the district in which the said Crown timber is situate for a period of one month or such shorter period as the Minister may determine."
3. Subsection (g) of said section 11 of said chapter 17 is hereby repealed, and the following is substituted therefor:
"(g.) The Minister shall have full power to reject any tender
or all tenders: Provided that should no tender be received for a licence advertised for sale, the Minister may subsequently sell said licence without further advertisement upon the terms and conditions previously advertised and applying to said licence."
4. Said section 11 is hereby further amended by inserting immediately before the last paragraph thereof the following:
"(c.) Provided that the lessee of any existing pulp leasehold may, in such cases as the Lieutenant-Governor in Council by Order in Council may approve, be allowed to submit a tender for the purchase of a pulp licence advertised for sale, and, if said tender be accepted, said lessee shall be permitted to purchase the said licence."
5. Notwithstanding anything in this Act contained, it shall be lawful for the Lieutenant-Governor in Council to grant leases of Crown lands or foreshore for sawmilling or booming purposes upon such terms and conditions as may be deemed desirable: Provided that any lease under this section shall not be granted for a longer period than fifty years.
6. Section 21 of said chapter 17 is hereby amended by adding the following subsection:
"(3.) The holder of any special licence heretofore issued which is renewable for sixteen successive years or for twenty-one successive years from the original date of issue thereof, and the survey of which has been duly made in accordance with the rules and regulations for the survey of timber lands established by section 25 of this Act, and by Orders in Council issued thereunder, may, upon payment of a fee of fifty dollars and upon surrender of said licence within two years from the first day of March, 1913, obtain in lieu thereof a special licence transferable and renewable from year to year while there is on the land included in such licence merchantable timber in sufficient quantity to make it commercially valuable: Provided that such renewal shall be subject to the payment of such rental or licence fee, and such tax and royalty, and to such terms and conditions, regulations and restrictions as are fixed or imposed by any Statute or Order in Council in force at the time renewal is made or at any time thereafter."
7. Subsection (1) of section 25 of said chapter 17 is hereby repealed, and the following is substituted therefor:
"25. (1.) No timber shall be cut or carried away from any timber Conditions as to limit included in any special timber licence or any renewal thereof until the licensee has, at his own expense, had the said timber limit surveyed, in accordance with the rules and regulations for the survey of timber lands established by Order in Council, by a surveyor approved of and acting under instructions from the Minister. Every timber limit shall be surveyed before the thirty-first day of March, 1918. The Minister may at any time notify the holder of any special timber licence to have the timber limit included in such licence surveyed within a given period of time; and if any such timber limit shall not be surveyed within such time, or, if no notification be given by the Minister, be not surveyed on or before the thirty-first day of March, 1918, the holder of such special licence shall forfeit all his rights to the timber on the un surveyed timber limit, and such special licence.shall become null and void, unless the holder of such special licence shall have obtained in writing from the Surveyor-General an extension of time within which to complete the survey of said timber limit, said extension being made subject to such terms and conditions as the Surveyor-General may impose: Provided that, if the Minister shall have reason to suppose that due diligence is not being observed by the holder of any special licence in procuring the survey of his timber limit, the Minister may cause the survey of such timber limit to be made, and the cost of such survey shall be a charge to be paid by such licensee before the next succeeding renewal of the licence, and in default of payment of the same within sixty days after demand in writing has been made the licence shall become null and void."
8. Section 28 of said chapter 17 is hereby repealed, and the following is substituted therefor:
"28. The fee for the renewal of each special timber licence shall Fees. be paid before the expiration of such licence: Provided, however, that if it shall appear that the holder of any such licence has failed or neglected to pay the renewal fee before the expiration of the licence, he shall, upon payment of such fee and an additional sum of twenty-five dollars within three months after the expiration of the licence, be entitled to a renewal thereof. All payments of special licence fees shall be payable at par at Victoria, and if made by cheque the same shall be certified. The fee for any special licence shall be indivisible, and no licence or any part thereof shall be renewed without payment of the whole licence fee:
"Provided also that the holder of any special timber licence who Reinstatement of lapsed licences. has failed or neglected to pay the renewal fee for any licence which expired on or since the first day of January, 1907, shall have the privilege of obtaining a renewal of such licence, provided the land