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Contents |
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Section |
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1 |
Definitions |
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2 |
Prohibition |
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3 |
Exception |
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4 |
Limitation of action |
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5 |
Onus of proof |
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6 |
Offence and penalty |
1 In this Act:
"dogwood" means the shrub or tree, Cornus
nuttallii, commonly known as western flowering
dogwood;
"owner"
includes a lessee and a person holding land under pre-emption record from the
government or under agreement to purchase;
"public work"
means any work or act authorized to be constructed or undertaken by or under
any Act of British Columbia;
"rhododendron"
means the evergreen shrub, Rhododendron macrophyllum,
known as rhododendron;
"trillium"
means the plant, Trillium ovatum, commonly known as
western trillium or wake robin.
2 A person must not pick, cut down, dig or pull up, or
knowingly injure or destroy, whether in blossom or not, a dogwood, rhododendron
or trillium on land of a private owner, without the prior consent of the
private owner, or on land belonging to the government or to a municipality.
3 Section 2 does not apply to
(a) free miners, land
surveyors, timber cruisers, foresters and lumber workers engaged in the lawful
carrying out of their respective occupations, or
(b) persons
engaged in the lawful carrying out of a public work.
4 An information for an offence against this Act must be laid within 30 days from the
happening of the offence.
5 In a prosecution under this Act in respect of dogwood,
rhododendron or trillium on land of a private owner, the onus of proof is on
the defendant to show that the consent mentioned in section 2 was obtained.
6 (1) A person who contravenes this Act commits an
offence.
(2) A person who commits an
offence under subsection (1) is liable on conviction to a fine of not more than
$25.
(3)
Subject to subsection (4), and despite any law to the contrary, all fines imposed under this Act
must be paid into the consolidated revenue fund.
(4) A court imposing a
fine under this Act may direct that 1/2 of it be paid to the person on whose
information the fine is recovered.