Provincial Symbols and Honours RS Chap

1996 Provincial Symbols and Honours RS Chap. 380 Section 1

PROVINCIAL SYMBOLS AND HONOURS ACT

CHAPTER 380

Contents Section

Part 1 - Provincial Symbols 1 Coat of Arms of British Columbia 2 Representation of government authority 3 Floral emblem 4 . Mineral emblem 5 Tree emblem 6 Bird emblem 7 British Columbia Tartan 8 Use of tartan 9 Power to make regulations 10 Offence 11 Misuse of Provincial symbol

Part 2 - Provincial Honours 12 Definitions 13 Order of British Columbia 14 Advisory council 15 Recommendation and rules 16 Nominations 17 Appointments 18 Privileges of members 19 British Columbia Medal of Good Citizenship 20 Power to make regulations

Part 1 - Provincial Symbols

Coat of Arms of British Columbia 1 (1) The Coat of Arms of British Columbia is the Shield of Arms with Motto granted by Royal Warrant of King Edward VII on March 31, 1906, as augmented and granted by Royal Warrant of Her Majesty Queen Elizabeth II, in Vancouver on October 15, 1987. (2) A person, other than the Lieutenant Governor, a member of the Executive Council, a member of the Legislative Assembly or a judge of the Supreme Court, a County Court or the Provincial Court, must not, without the permission of the Provincial Secretary, assume, display or use the Coat of Arms of British Columbia or a design so closely resembling it as to be likely to deceive.

1 RS Chap. 380 Provincial Symbols and Honours 45 Eliz. 2 Section 2

Representation of government authority 2 (1) A person or organization must not assume, display or use a name, title or device that indicates or that is reasonably susceptible of the interpretation that the person or organization has authority from the government to do so or is exercising a function of the government, if in fact the person or organization has no authority from or is not exercising a function of the government.

(2) The registration, under an enactment, of a name of the nature described in subsection (1) is not a defence to a prosecution under this section.

Floral emblem 3 The flower of the tree known botanically as Cornus nuttallii and commonly known as the flowering dogwood is the floral emblem of British Columbia.

Mineral emblem 4 Jade, known in mineralogy as nephrite or jadeite, is the mineral emblem of British Columbia.

Tree emblem 5 The tree known botanically as Thuja plicata Donn and commonly known as the western red cedar is the arboreal emblem of British Columbia.

Bird emblem 6 The bird known taxonomically as Cyanocitta stelleri and commonly known as the Steller’s jay is the bird emblem of British Columbia.

British Columbia Tartan 7 (1) The tartan recorded on January 8, 1969 as the British Columbia Tartan in the books of the Court of the Lord Lyon, King of Arms, Scotland is the tartan of British Columbia.

(2) A sample of the British Columbia Tartan, in coloured textile material, is to be kept in the offices of the Provincial Secretary.

Use of tartan 8 A person must not sell, display, publish, advertise or hold out any tartan, other than the British Columbia Tartan, as the tartan of British Columbia, or as a tartan that has been confirmed, adopted, declared, officially recognized or approved as a tartan of British Columbia.

Power to make regulations 9 The Lieutenant Governor in Council may make regulations directing that the British Columbia Tartan or the design or sett of it, or any representation of it, must not be used in a manner or under the circumstances specified in the regulations.

2 1996 Provincial Symbols and Honours RS Chap. 380 Section 10

Offence 10 A person who contravenes section 1 (2), 2 (1) or 8 commits an offence.

Misuse of Provincial symbol 11 (1) In this section, “Provincial symbol” means the Coat of Arms of British Columbia or the British Columbia Tartan. (2) If a person assumes, uses or displays (a) a Provincial symbol in contravention of section 1 (2) or a regulation made under section 9, or (b) a name, title or device in contravention of section 2(1), the Supreme Court may, on the application of the minister, grant an injunction restraining the person from contravening that section or regulation whether or not the person has been prosecuted under this Act.

Part 2 - Provincial Honours

Definitions 12 In this Part: “advisory council” means the advisory council continued under section 14; “Order” means the Order of British Columbia continued under section 13.

Order of British Columbia 13 The Order of British Columbia is continued to recognize persons who have served with the greatest distinction and excelled in any field of endeavour benefiting the people of British Columbia or elsewhere.

Advisory council 14 An advisory council is continued consisting of the following: (a) the Lieutenant Governor, who is the Honorary Chair; (b) the Chief Justice of British Columbia, who is the Chair; (c) the Speaker of the Legislative Assembly of British Columbia; (d) the Deputy Provincial Secretary; (e) in turn, for a term of 2 years each, the President of the University of British Columbia, the President of the University of Victoria or the President of Simon Fraser University; (0 the President of the Union of British Columbia Municipalities; (g) 2 members of the Order, when appointed to the advisory council.by the Lieutenant Governor in Council on the recommendation of the other members of the advisory council.

3 RS Chap. 380 Provincial Symbols and Honours 45 Eliz. 2 Section 15

Recommendation and rules 15 (1) The advisory council must recommend each year to the Lieutenant Governor in Council persons who, in the opinion of the advisory council, deserve to be appointed members of the Order. (2) The advisory council may make rules governing the conduct of its business.

Nominations 16 Any person or organization may submit to the advisory council nominations for appointment to the Order.

Appointments 17 (1) Appointments to the Order must be made by the Lieutenant Governor in Council on the recommendation of the advisory council. (2) A person who is an elected federal, provincial or municipal representative is not eligible to be appointed a member of the Order while that person remains in . office. (3) A person may not be appointed a member of the Order posthumously unless the advisory council recommends the appointment to the Lieutenant Governor in Council before the person’s death.

Privileges of members 18 A member of the Order may wear the insignia of the Order and have the letters “O.B.C.” placed after the member’s name.

British Columbia Medal of Good Citizenship 19 The Lieutenant Governor in Council may award the British Columbia Medal of Good Citizenship to recognize persons who have acted in a particularly generous, kind or self-sacrificing manner for the common good without expectation of reward.

Power to make regulations 20 The Lieutenant Governor in Council may make regulations (a) prescribing the insignia of the Order, (b) governing the use and display of the insignia of the Order, and (c) governing the procedures to be followed in selecting persons to be recipients of the British Columbia Medal of Good Citizenship.

Legislative History PROVINCIAL SYMBOLS AND HONOURS ACT RSBC 1996, chapter 380 Section History

1 ...... 1989-10-1. 2 ...... 1989-10-2. 3 ...... 1989-10-3. 4., ...... 1989-10-4. 5 ...... 1989-10-5. 6 ...... 1989-10-6. 7 ...... 1989-10-7. 8 ...... 1989-10-8. 9...... 1989-10-9. 10 ...... 1989-10-10: 11 ...... 1989-10-11. 12 ...... 1989-10-12. 13 ...... 1989-10-13. 14 ...... 1989-10-14. 15...... 1989-10-15. 16 ...... 1989-10-16. 17 ...... 1989-10-17. 18 ...... 1989-10-18. 19 ...... 1989-10-19. 20 ...... 1989-10-20.

EXPLANATORY NOTE Amendments Not in Force: If there are any legislative changes to the Act that are not in force as of December 31, 1996, these are identified in italics at the beginning of the historical table. The “Section” column identifies the affected provisions of the Act. The “Citation” column identifies the amending legislation by its citation in the 1996 Statute Revision Supplement. Legislative History: The second part of the table provides a legislative history of each section of the Act between the 1979 Statute Revision and the 1996 Statute Revision. The “Section” column identifies all sections of the Act in force on December 31, 1996. The “History” column for each section begins with the citation of the section immediately before the 1996 Statute Revision. This is followed by a list of citations for the legislation that enacted or amended the section between the 1979 Statute Revision and the 1996 Statute Revision (if a section was repealed and replaced during that period, these last citations begin at the most recent replacement). Legislative citations have the format of “year-chapter-section”.

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See the Explanatory Note at the end of the Table for information on this Historical Table