Definitions

1  In this Act:

"commercial river rafting" means the carrying on of a business in which an outfitter supplies equipment and personnel to transport a person down a river on a raft;

"guide" means an individual who is in charge of a raft used in commercial river rafting;

"inspector" means a person designated as an inspector by the minister and includes the registrar, a police constable and a person designated as a conservation officer under the Environmental Management Act;

"outfitter" means a person who carries on commercial river rafting;

"raft" means a vessel designed to carry passengers and that is supported by inflatable sections on its perimeter and propelled by oar, paddle or motor, but does not include a vessel that is exempt by regulation;

"registrar" means the Registrar of Commercial River Rafting and includes a person authorized in writing by the registrar to perform the registrar's duties under this Act;

"trip leader" means an individual who is in charge of a commercial river rafting trip consisting of one raft or of 2 or more rafts that are travelling together.

Repealed

2–8  [Repealed 2003-90-36 and B.C. Reg. 215/2004.]

Inspections

9  (1)  An outfitter, trip leader or guide must, on the request of an inspector,

(a) permit the inspector to examine a raft or any equipment being used or available for use on a commercial river rafting trip,

(b) and (c) [Repealed 2003-90-36 and B.C. Reg. 215/2004.]

(d) state his or her name and address.

(2)  [Repealed 2003-90-36 and B.C. Reg. 215/2004.]

(3)  If it is safe to do so, an inspector may require a person who is in control of a raft to stop the raft and bring it to shore so that the inspector can determine whether or not the raft is being used for a commercial river rafting trip and, if it is being so used, so that the inspector can determine whether or not it is being operated in accordance with this Act or not.

Unsafe trips

10  (1)  If an inspector has reasonable and probable grounds for believing that the persons on a commercial river rafting trip may be in imminent danger of loss of life or serious injury if the trip were to continue, the inspector may order the trip leader to immediately discontinue the trip, and the trip leader must immediately comply with the order.

(2)  If a trip leader fails or refuses to comply with an order under subsection (1) or the inspector believes the trip leader will continue the trip as soon as an opportunity occurs to do so, the inspector may impound the raft and its equipment and remove it to a safe place.

(3)  If it is necessary to do so, an inspector may use reasonable force to impound a raft and its equipment under subsection (2).

(4)  If an inspector has impounded a raft and its equipment, the inspector must release it to the outfitter or the outfitter's agent on being satisfied that there will no longer be imminent danger of loss of life or serious injury by doing so.

Offences

11  (1)  Section 5 of the Offence Act does not apply to this Act or the regulations.

(2)  A person who contravenes section 3, 7 (1) or (7), 9 (1) or 10 (1) commits an offence.

(3)  to (5) [Repealed 2003-90-36 and B.C. Reg. 215/2004.]

(6)  A person who is in control of a raft and fails to immediately stop it and bring it to shore when signaled or requested to do so by an inspector who is a conservation officer or a police constable and who is in his or her uniform of office commits an offence.

(7)  A person who resists or obstructs an inspector in the exercise of his or her powers under this Act commits an offence.

(8)  and (9) [Repealed 2003-90-36 and B.C. Reg. 215/2004.]

(10)  If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits an offence even though the corporation is convicted.

(11)  A person who commits a second or subsequent offence is liable to a penalty of not more than $5 000 or 6 months in jail or both.

Officials not liable

12  The minister, the registrar, an inspector and their agents, officers, employees, representatives and persons acting on their behalf are not liable in their personal or official capacities for loss or damage suffered by a person by reason of anything done or omitted to be done in good faith in the exercise or purported exercise of powers given by this Act.

Power to make regulations

13  (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) and (b) [Repealed 2003-90-36 and B.C. Reg. 215/2004.]

(c) establishing minimum levels of insurance to be carried by an outfitter;

(d) providing for the reporting of accidents and fatalities;

(e) exempting a raft or a class of rafts from the application of this Act or the regulations or any provision of this Act or the regulations.

(3)  [Repealed 2003-90-36 and B.C. Reg. 215/2004.]