KNOW BEFORE YOU GO
“Ignorance of the law is not an excuse.”
You’ve probably heard this all your life, particularly in regard to “rules of the road” and vehicle safety regulations. This applies equally to backcountry access restrictions Unfortunately, as hard as it is to figure out vehicle regulations (between “folk wisdom” and misinformation that’s been spread online for decades, and the horribly convoluted way BC laws are written), it’s even harder to find current, accurate information on backroad closures, and can be just as confusing to understand.
We hope to address here some of the lesser-known access issues for better-known locations in BC, based on what we’re told by government officials, and wherever possible, with the supporting sections of law.
- Poison Mountain (Motor Vehicle Prohibition)
- Lavina Lookout (Post-Wildfire Hazards)
- Davis Lake (No Motor Vehicles)
- Cornwall Lookout (No Camping)
POISON MOUNTAIN: CLOSED TO MOTOR VEHICLES
Poison Mountain is part of the Camelsfoot Range in the South Cariboo/Chilcotin area, and one of the highest locations with road access at 2,264 meters (7,428 feet), giving spectacular views of the surrounding area. The steep climb up a well-defined and hard-packed, rocky trail doesn’t need a high-clearance vehicle, but it does call for 4LOW, and has been a popular destination for off-roaders for years.
We’ve recently been informed that the peak is off-limits to motorized vehicles as part of a broader prohibition extending to nearly all terrain above 1920m elevation in the Thompson-Nicola, Cariboo-Chilcotin, and Okanagan regions. This includes about 1km of the route between Mud Lakes and China Head that passes to the north of Poison Mountain.
That this is not a new thing: depending on who you ask in government and where you find the information, this has been the case since at least 2016, and possibly as far back as the introduction of the current Wildlife Act in 1999.
We’re told that the route to the south of Poison Mountain connecting back to Yalakom FSR is an allowable detour (at 17km) to the direct route (approx. 3.4km).
We’re continuing to pursue multiple avenues to restore/continue access, if not to the peak of Poison, then at least to that shorter route between Mud Lakes and China Head.
Diving Into the Poison Closure (click to expand)
Here’s what we’ve been able to determine about Poison Mountain, starting with the regulations themselves: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18_2024#section2
“Areas closed to motor vehicles
2 Unless permitted by section 9 or 10 or a section of Schedule 1, a person must not use or operate a motor vehicle in an area described in Schedule 1 during the period specified in that schedule for the area.”
Section 9 covers trapping. We’ll get to Section 10 below.
As far as the wording specific to Poison Mountain:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18_2024#Schedule1
“Red Mountain and French Mountain
14 The closure is effective year-round in any portions of M.U.s 3-32 and 5-3 outlined in red on Map No. 1-14/23.”
Said map, where the area outlined in red includes Poison Mountain, and a section of the road between Mud Lakes and China Head: https://www2.gov.bc.ca/assets/gov/sports-recreation-arts-and-culture/outdoor-recreation/motor-vehicle-prohibitions/region-3/schedule-1/mvpr_1_14_red_mountain_french_mountain.pdf
For comparison, note a specific exemption for Yalakom-Big Bar road:
“China Head Mountain
12 The closure is effective year-round in any portion of M.U. 3-32 outlined in red on Map No. 1-12/23, except that a person may use or operate a motor vehicle on a road shown highlighted in green on that map.”
So is this a recent change? From what I can find… it’s not. From 2016: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/196_99_pit#pit36
Red Mountain — French Mountain
15 Effective year round, in that portion of M.U.s 3-32 and 5-03 above 1 920 m elevation, commencing at a point due south of the apex of Red Mountain at 1 920 m elevation; thence in a general westerly, northerly, easterly, southerly and westerly direction at 1 920 m elevation to the point of commencement.
It appears the closure is the same, except that as of this year, they took away the convoluted wording and linked to a map instead.
This article talking about the incoming restrictions over 1,700m indicates the Poison closure was in effect already in 2015:
https://news.gov.bc.ca/releases/2015FLNR0059-000518
“In addition to these general provisions, there are alpine motor vehicle closures in place under the Wildlife Act in the Lillooet area, where the operation of all motor vehicles is prohibited above 1,920 metres. This specific closure occurs in the following areas: China Head Mountain (excluding Yalakom-Big Bar road), Nine Mile Ridge, Red and French Mountain and Hogback Mountain.”
And this one, though vague, suggests it may have been in place even before 2012:
https://archive.news.gov.bc.ca/releases/news_releases_2009-2013/2012FOR0096-000893.htm
“Localized elevation-based motor vehicle prohibitions are currently in place in portions of the Thompson, Kootenay, Cariboo, Skeena, Omineca and Peace regions and have proven to be effective in protecting alpine ecosystems.”
In short: it appears Poison Mountain has actually been off-limits to motor vehicles since AT LEAST 2015, possibly even before 2012.
As for “Other Exceptions,” Section 10 states: “(1)A person may use or operate a motor vehicle on a highway in an area described in any of Schedules 1, 2, 3, 4, 5, 6 or 7 … during the period specified in the applicable schedule for the area.”
So is any of the route a “highway”?
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04044_01#section42
“Travelled roads becoming highways
42 (1)Subject to subsection (2), if public money is spent on a travelled road that is not a highway, the travelled road is deemed and declared to be a highway.
(2)Subsection (1) does not apply to any road or class of roads, or to any expenditure or class of expenditures, that is prescribed by the regulations.”
Answer: probably not; it would be a Forest Service Road under section 56 – https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04044_01#section56 – which means it would NOT be a highway, per 42(2).
Some people have pointed out that the website at https://www2.gov.bc.ca/gov/content/sports-culture/recreation/motor-vehicle-prohibitions/region-3 says, “Applicable region wide: it is prohibited to operate a motor vehicle above 1,700 m elevation, except on existing roads or trails.” In fact, if you look at the pages for all the other regions, ALL of them state this. Basically, this means that IF you’re above 1,700m, anywhere in the province, you MUST stay on existing trails or roads (plus the fact that it’s just good Tread Lightly etiquette to do that everywhere). It DOES NOT override or give carte blanche to closed areas just because you’re on the road.
The above also is not “legislation;” it’s just a statement. So far I’ve had no success finding actual legislative or regulatory wording supporting the 1700m “stay on the road” statement. I’m sure it exists, I just can’t find a link to it anywhere. Lots of references in government news releases to it being brought in for the Okanagan and then the Thompson, but no links to actual laws.
LAVINA LOOKOUT TRAIL: CLOSED
The following was provided by Regional Rep CJ Hendriks:
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DAVIS LAKE: CLOSED TO MOTOR VEHICLES
Davis Lake is a small lake in Davis Lake Provincial Park, off Sylvester Rd./Lost Creek FSR just east of Mission, BC, popular with all sorts of visitors, campers, swimmer, hikers… and wheelers. However, as stated on the park’s web page, “Please note that access is walk-in only.”
The road in was gated and deactivated many years ago, and subsequently, vehicle drivers have created a bypass around the gate, leading to the impression that there is a proper road… but this is not the case. Anyone caught at the lake with a motor vehicle is subject to fines and potentially vehicle seizure (see below for details).
People will often argue that there’s no signage… as seen here, there HAVE BEEN signs, and they’re regularly shot up or torn down. This post (here and on social media) is so people know that they’re not supposed to drive in to Davis Lake.
Details of Davis Lake Access (click to expand)
Under BC’s Park Act, the Park, Conservancy, and Recreation Area Regulations state:
Motor vehicles and snowmobiles
24 (1) A person must not use or operate a motor vehicle, motorcycle or other self-propelled vehicle in a park, conservancy or recreation area except
(a) on a park road,
(b) in an area as permitted by a sign or other device, or
(c) as authorized by a park officer.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/180_90_01#section24
The park road from Lost Creek FSR to Davis Lake has been gated and deactivated for many years. The bypass people use is not a park road, and as such, driving through it is contrary to these regulations.
The Park Act provides the following penalties:
28 (1) A person who contravenes any provision of this Act commits an offence and is liable to a fine of up to $1 000 000 or a term of imprisonment of not more than one year or both.
(2) A person who contravenes a regulation commits an offence and is liable to a fine of up to $200 000.
(3) When a contravention of the Act or regulations continues for more than one day, the person is guilty of a separate offence for each day on which the contravention continues.
(4) Section 5 of the Offence Act does not apply to this Act or the regulations.
(5) The time limit for laying an information for an offence under this Act is
– (a) 3 years after the date that the facts on which the information is based arose, or
– (b) if the minister issues a certificate described in subsection
(6) 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96344_01#section28
Besides all this, we hope someday to restore legitimate motorized access to Davis Lake campground. The 4WDABC has a good working relationship with BC Parks through our stewardship of the Cornwall fire lookout, but if wheelers continue to ignore these regulations, it only serves to harm those efforts. We can’t tell you where to go or not go, we can only inform you of the law, and ask that you please respect the closure and do your part to help improve the image of off-roaders.
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CORNWALL LOOKOUT: NO CAMPING
BC Parks has recently reminded us that camping is not permitted at the Cornwall Lookout, or anywhere within Cornwall Hills Provincial Park.
From the park web page: “This park is a day-use area, only; no camping is permitted at any time of the year. No camping or day-use facilities are provided.”
Camping is available nearby at the Three Sisters Creek Recreation Site (also maintained by the 4WDABC).
More Details (click to expand)
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/180_90_01#section38
Controlled public access
37 (2) Except as authorized by a park officer, a person must not, between the hours of 11 p.m. and 7 a.m. the following day, enter or remain in a day use area.
Camping restrictions
38 (1) A person must not camp in
(a) frontcountry, or
(b) backcountry less than 2 000 hectares in size
except
(c) in a campsite, or
(d) as authorized by a park officer.
The Cornwall Lookout is not a designated campsite, and so “day use area” rules apply.
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