F R E Q U E N T L Y A S K E D Q U E S T I O N S Amendments to the Wildlife Act related to Guide Outfitting: Becoming an Assistant Hunting Guide Questions and Answers Prepared for Guide Outfitters and Assistant Hunting Guides February 11, 2015 Q1. What do I need to become an Assistant Hunting Guide? Beginning April 1, 2015, an assistant hunting guide licence is no longer a requirement. In order to be an Assistant Hunting Guide, a person must: be eighteen (18) years of age or older, pass the assistant hunting guide qualification exam approved by the Director, Fish and Wildlife Branch, pay the fee for the exam, be employed by a licensed Guide Outfitter, carry a written authorization issued by the employing Guide Outfitter. Q2. Will the regional manager still issue assistant guide licences? No, recent amendments to the Wildlife Act remove all reference to licensing of assistant guides because regional managers will no longer issue assistant hunting guide licences. Q3. I was an assistant guide in British Columbia last year. Am I able to be an assistant hunting guide this year without taking the new assistant hunting guide exam? No, as of April 1, 2015, anyone who wants to be an assistant hunting guide must pass the assistant hunting guide exam. Q4. Why aren t assistant guides with a current licence being grandfathered under the new scheme? There is no grandfathering for several reasons. First of all, no grandfathering ensures that there is a level playing field for all people wanting to guide as assistant hunting guides; anyone interested in being an assistant hunting guide will have to meet new qualifications (e.g. pass an online exam) prior to being authorized. Second, the current practice is that all assistant guide licences expire annually on March 31 st, 2015. As a result, there are no assistant guides with licences that will be impacted upon the new scheme being enacted.
Finally, because the licences expire on an annual basis, we don t want to grandfather someone who has only held an assistant guide licence in 2014-2015 while excluding a person who held an assistant guide licence for several years (e.g. 2000-2013) but took the 2014-2015 season off. Q5. Where can I take the assistant guide exam? A new requirement under the Wildlife Act is that a person who wants to be an assistant hunting guide must pass a qualification exam approved by the Director, Fish and Wildlife Branch. The Director has approved a knowledge based assistant hunting guide exam administered by the Guide Outfitters Association of British Columbia. A person must only pass the exam once to be eligible to be an assistant hunting guide. The exam is available now to take in preparation for the upcoming hunting seasons and is available through online access, or in-person or by phone for those who require taking an oral exam. Please see the Guide Outfitters Association of BC website (www.goabc.org) for further details and access to the exam. Q6. Will a person have to pay fees in order to become an assistant guide? Yes. There is a $250.00 fee to take the assistant hunting guide exam. Government eliminated the annual licence and licence fee to be an assistant guide. The fee is less than the cost of two annual assistant guide licences. The exam fee is introduced by the guiding industry to covers costs incurred in the development and ongoing oversight of Assistant Hunting Guide Certification Program which includes administering the study guide, exam and maintaining a database of everyone who passes the exam. Q7. How will a guide outfitter know if a person has passed the assistant hunting guide exam? Upon successful completion of the approved exam, a person will be issued a unique permanent identification number. This personal identification number must be given by the assistant hunting guide to the employing guide outfitter and must appear on the written authorization. Q8. Will a guide outfitter be able to hire any person they want? No, the amendments impose some parameters on who a guide outfitter may hire as an assistant guide. A guide outfitter may only issue a written authorization to a person to be an assistant hunting guide if they ensure that the employee (i) meets any prescribed qualifications (e.g. age, passed an approved exam), (ii) isn t prohibited from applying to be an assistant guide or from assistant guiding itself (e.g. as a result of having unpaid fines or because of action taken by the regional manager or the director after a public hearing) and (iii) the terms of employment are consistent with any conditions or restrictions imposed (e.g. if the assistant guide has been prohibited by the Director, Fish and Wildlife Branch, from guiding in a particular area or for a particular species) or prescribed requirements. 2 P a g e
Q9. What is a written authorization? The written authorization is a piece of documentation with no fees attached that must be promptly issued by a guide outfitter to any hired assistant guide and must be carried by an assistant guide at all times while guiding. In this respect, the written authorization will function similarly to the paper licence that was issued by government to assistant guides. Q10. Does the written authorization have to be on paper? No, unlike a the paper licence that was issued by government, an electronic document such as an email, accessed via a smart phone, will meet the regulatory requirements about the form and content of the written authorization. However, the written authorization must be retrievable to be produced upon request of an officer. The written authorizations must include contact information about the guide outfitter and assistant guide. If there are any changes in prescribed circumstances identified on the written authorization (e.g. contact details change), the guide outfitter is required to issue a new written authorization. The guide outfitter can determine the term length of the authorization but it may not exceed the term of the guide outfitter s licence (one year or five year licence). The written authorization ceases to be valid if the employment of the assistant guide is terminated. If the assistant hunting guide is re-hired at some point, a new written authorization must be issued. There is flexibility for a written authorization issued by the guide (or a template) to include a statement such as: This authorization is the property of (name of guide outfitter), and must be returned upon request. Q11. Is a written authorization the only documentation a guide outfitter needs to create? No. The written authorization is issued to an assistant hunting guide. Guide outfitters will be required to create and maintain records in relation to assistant hunting guides that they employ. The requirement is easily met by keeping a copy of every written authorization issued. The copy must be kept for seven years. Q12. Why are record-keeping requirements being required of guide outfitters? The purpose of these rules is to enable enforcement officers to ensure compliance and to assist with investigation where possible offences have been committed. For example, records will help establish whether a guide outfitter was diligent in ensuring their employees are qualified and meet requirements. Q13. How will a client know that their assistant guide is authorized to guide? Assistant hunting guides will have to present written authorization to enforcement officers or to their clients upon request. As it is an offence for a non-b.c. resident to hunt for big game without being guided by a guide outfitter or assistant guide, it is important to ensure that the amendments provide clients with a mechanism to verify that the person guiding them is properly authorized. The requirement in relation to enforcement officers is analogous to the current requirement to provide an assistant guide licence to an officer upon request. 3 P a g e
Q14. Although assistant guides will no longer be licensed under the Act, will the regional manager still be able to conduct hearings for assistant guides who have committed offences or for other reasonable causes? Yes, although assistant guides will no longer be licensed under the Act, the regional manager will still be able to conduct hearings for assistant guides who have committed offences or for other reasonable causes, including prohibiting the person from guiding as an assistant guide, limiting the areas in which the person may guide and imposing conditions or restrictions on the person. Q15. Why are additional administrative actions being added in relation to a guide outfitter? Some people guide as both a guide outfitter and an assistant guide over time (not simultaneously). Because of this crossover in roles, the powers of a regional manager in relation to guide outfitters are being enhanced. These powers were not needed up until now because the regional manager has the discretion to issue both guide outfitter and assistant guide licences (i.e. a regional manager can refuse to issue an assistant guide licence to a person whose behaviour as a guide outfitter has raised concern). As the regional manager will no longer be authorizing persons to be assistant guides through licences, the new administrative actions, in essence, ensure the regional manager can continue to take action with respect to guides and assistant guides exactly as he or she did before this change, but confer no new or expanded powers. Q16. How do actions taken by the regional manager fit into the new scheme? A guide outfitter is only allowed to employ a person to guide as an assistant guide if they ensure that the person is not prohibited by the regional manager from being an assistant guide. If the regional manager has imposed any restrictions or conditions on the person, the terms of employment by the guide outfitter must be consistent with such limitations. Finally, it is an offence for a person to guide as an assistant guide if they are prohibited or if they are guiding as an assistant guide without complying with any imposed restrictions. Q17. How will a guide outfitter know if a person has been prohibited from being an assistant guide or otherwise restricted by the regional manager? A list of persons currently prohibited from acting as a guide or assistant guide is posted on the FrontCounter BC website. Click the link for Hiring Assistant Guides and see link for Guiding Sanctions: http://www.frontcounterbc.gov.bc.ca/guides/fish-wildlife/guide-outfitter/overview/ Q18. How will the online disclosure of personal information be authorized? Will online publication violate an affected person s privacy rights? While the Freedom of Information and Protection of Privacy Act prevents public bodies from disclosing personal information, there is an exemption for compliance reporting purposes that the Ministers of Environment and Forests Lands and Natural Resource Operations use to publish the 4 P a g e
Quarterly Environmental Enforcement Summary and to provide a corresponding compliance database that is online and searchable. Guide outfitters will be able to access these existing tools to verify whether enforcement actions have been taken against potential assistant guides. Additionally, the ministry will work with the guide outfitting industry to ensure that up-to-date compliance and enforcement actions related to the guide outfitting industry is consistently and easily accessible. Q19. How else can a person be prohibited under the Act from guiding as an assistant guide? If a person fails to pay a fine incurred from a conviction under the Act or the Firearm Act within the time required, that person s capacity to guide as an assistant guide will be automatically cancelled. If such a person continues to guide as an assistant hunting guide or applies to work as an assistant hunting guide, they commit an offence. These amendments are essentially the same as those that currently exist in relation to assistant guide licences. Q20. Can a person be restricted or prohibited from applying for employment as an assistant guide? Yes. Currently a person s right to apply for licences, permits and limited entry hunting authorizations are suspended if a person fails to pay a fine incurred from a conviction under the Act or the Firearm Act within the time required; the amendments ensure that they are similarly ineligible to apply to work as an assistant hunting guide. A person can be prohibited from guiding as an assistant hunting guide through action taken by a regional manager or by a court upon conviction of an offence. Q21. How will an employing guide outfitter know if one of their assistant hunting guides is suddenly prevented from guiding because of the failure to pay a fine? Ideally, employment contracts should require the immediate and full disclosure of any such prohibitions. If an employer does not trust that their assistant hunting guide is forthcoming about such issues, the employer can also consult the online database or quarterly reports maintained by the Ministry of Environment (this information is captured there). See links to online database and quarterly reports here: http://www.env.gov.bc.ca/main/compliance-reporting/. If there are any doubts, the Ministry will be able to provide up-to-date information to any guide outfitter inquiring about whether a person is prohibited to guide. Q22. Will there continue to be a mechanism for the director, if he or she believes that special circumstances exist, to enable a person to guide as an assistant hunting guide if they meet all requirements except the age of eligibility (18 years)? No. The director no longer has any powers in this area, since the Province will no longer be directly authorizing assistant hunting guides. However, if the ministry perceives that the prescribed age requirement in the Wildlife Act Commercial Activities Regulation poses a barrier in special circumstances in the future, an amendment to that regulation could be developed to provide specific exceptions. 5 P a g e
Q23. Does a regional manager have to provide written reasons for decisions made after a hearing under s. 61 related to an assistant hunting guide? Can a person appeal such a decision to the Environmental Appeal Board? Yes. The amendments maintain the policy requirement that written reasons be provided for any decisions, including those related to assistant guiding. Notice of the decision must be provided to the affected person who has a right to appeal the decision to the Environmental Appeal Board. Q24. Is the external organization that will administer the approved Assistant Hunting Guide exam bound by any laws respecting privacy? Yes, the designated organization will be subject to the Personal Information Protection Act (PIPA) as long as it stays in their custody and control. As soon as that information gets disclosed to the ministry it then falls under Freedom of Information and Protection of Privacy Act. Organizations are required to meet their PIPA obligations and there are resources out there to help them on the website of the Office of the Information and Privacy Commissioner (OIPC) or that of Ministry of Technology, Innovation and Citizen s Services. Private organizations are bound by law to abide by PIPA and complaints against them are made to the OIPC. Q25. Will existing assistant guide licences overlap with the new scheme in which their employers issue written authorizations? No, the new provisions all come into effect on April 1, 2015 which is the start of a new licence year. It is expected that people who want to guide as assistant hunting guides on or after that date will satisfy the prescribed qualification (e.g. pass the approved exam) as soon as possible and seek written authorization from their employing guide outfitter. Q26. What if, at the time of enactment of the amendments, a person is subject to restrictions or prohibitions in relation to guiding as an assistant guide or their right to apply to guide as an assistant guide (i.e. from court orders, s. 61 actions or through operation of the law under s. 85) - are they suddenly eligible to apply as an assistant guide because the restrictions were imposed in relation to a license (and now no licence is required)? No. A transition provision ensures that any prohibitions or limitations that a person faced in relation to an assistant guide licence continue to apply to that person. In other words, if a person had been prohibited from applying for an assistant guide licence for 3 years, that restriction and remaining period of time will continue to apply but now in relation to their eligibility to apply for employment as an assistant hunting guide. The person may still take the approved exam at any time, but they remain ineligible to be hired as an assistant hunting guide until the prohibition expires. Q27. What new offences and corresponding fines and penalties are being established? The amendments repeal offences related to the licensing requirements that are being eliminated. New offences being added that are either essentially the same as the repealed offences (e.g. the offence to guide without a licence is substituted with the offence to guide without written authorization) and carry the same level of penalty or are needed to dissuade and penalize 6 P a g e
behaviours that haven t been necessary to regulate under a licensing scheme (e.g. the documentation created and maintained by guide outfitters about their employed assistant guides will now be regulated). The lowest of the three levels of penalties available under the Act will be imposed upon conviction for the new offences. Section references refer to the Wildlife Act. Section Description Tier Rationale 48 (1) Work as an assistant guide without authorization from an employing guide outfitter. New Failure of an assistant guide to carry a valid authorization and present it upon request. 48 (1) Work as an assistant guide while prohibited. 48 (2) Failure of a guide outfitter to assess whether an assistant guide meets qualifications. New New Failure to issue written authorization to assistant guides employed. Failure of a guide outfitter to keep and present records respecting employment of assistant guides, including records confirming that a guide outfitter has assessed the qualifications of any assistant guides employed. Middle 1 st offence $100k max or one year in prison or both, subsequent offence, $200k max or two years in prison or both [s. 84 (1) (b)] Lowest 1 st offence $50 k max or six months in prison or both, subsequent offence $100k max [s. 84 (1) (c)] or six months prison or both Middle 1 st offence $100k max or one year in prison or both, subsequent offence, $200k max or two years in prison or both [s. 84 (1) (b)] Middle 1 st offence $100k max or one year in prison or both, subsequent offence, $200k max or two years in prison or both [s. 84 (1) (b)] Lowest 1 st offence $50 k max or six months in prison or both, subsequent offence $100k max [s. 84 (1) (c)] or six months prison or both Lowest 1 st offence $50 k max or six months in prison or both, subsequent offence $100k max [s. 84 (1) (c)] or six months prison or both Similar to the current offence in s. 48 (1) Guide without a licence. Failure to carry is a lesser offence. Similar to the current offence in s. 48 (1) Guide without a licence. Similar to the current offence in s. 48 (2) Employ an unlicensed assistant guide. Failure to provide authorization is a lesser offence. Failure to keep record and produce records upon request is a lesser offence. 7 P a g e