1989 PROVINCIAL SYMBOLS AND HONOURS CHAP. 10

PROVINCIAL SYMBOLS AND HONOURS ACT CHAPTER 10 Assented to April 21,1989.

Contents

PARTI PROVINCIAL SYMBOLS Section Section 1. Coatof Anna of the Province 6. Bird emblem 2. Representation of government 7. Tartan authority 8. Use of tartan 3. 9. Regulations 4. Mineral emblem 10. Offence 5. Tree emblem 11. Misuse of Provincial symbol PART 2 PROVINCIAL HONOURS 12. Interpretation 17 Appointments 13. Order of British Columbia 18. Privileges of members 14. Advisory council 19. British Columbia Medal of Good Citizenship 15. Recommendation and rules 20. Regulations 16. Nominations 21. Repeal

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

PART 1 PROVINCIAL SYMBOLS Coat of Arms of the Province 1.(1) The Coat of Arms of the Province 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) No 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, shall, without the permission of the Provincial Secretary, assume, display or use the Coat of Arms of the Province or a design so closely resembling it as to be likely to deceive. Representation of government authority 2. (1) No person or organization shall 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

33 CHAP. 10 PROVINCIAL SYMBOLS AND HONOURS 38ELIZ.2 government, if in fact the person or organization has no authority from or is not exercising a function of the government. (2) The legistration, 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 and commonly known as the flowering dogwood is the floral emblem of the Province.

Mineral emblem 4. Jade, known in minerology as nephrite or jadeite, is the mineral emblem of the Province. Tree emblem 5. The tree known botanically as Thuja plkata Donn and commonly known as the western r*d cedar is the arboreal emblem of the Province.

Bird emblem 6. The bird known taxonomically as Cyanocitta stelleri and commonly known as the Steller'sjay is the bird emblem of the Province. British Columbia la -tan 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, is the tartan of the Province. (2) A sample of the British Columbia Tartan, in coloured textile material, shall be kept in the offices of the Provincial Secretary. Use of tartan 8. No person shall sell, display, publish, advertise or hold out any tartan, other than the British Columbia Tartan, as the tartan of the Province, or as a tartan that has been confirmed, adopted, declared, officially recognized or approved as a tartan of the Province. 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, shall not be used in a manner or under the circumstances specified in the regulations. 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 the Province or the British Columbia Tartan. (2) Where a person assumes, uses or displays (a) a Provincial symbol in contravention of section 1 (2) or a regulation made under section 9, or

34 1989 PROVINCIAL SYMBOLS AND HONOURS CHAP. 10

(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 Interpretation 12. In this Part "advisory council" means the advisory council established by section 14; 'Order" means the Order of British Columbia established by section 13. Order of British Columbia 13. The Order of British Columbia is established to recognize those persons who have served with the greatest distinction and excelled in any field of endeavour benefiting the people of the Province or elsewhere. Advisory council 14. An advisory council is established consisting of (a) the Lieutenant Governor, who shall be the Honorary Chairperson, (b) the Chief Justice of British Columbia, who shall be the Chairperson, (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, and (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. Recommendation and rules 15. (1) The advisory council shall 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 shall 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. 35 CHAP. 10 PROVINCIAL SYMBOLS AND HONOURS 38 Em. 2

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 those persons who have acted in a particularly generous, kind or self-sacrificing manner for the common good without expectation of reward. 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.

Repeal 21. The Emblem and Tartan Act, R.S.B.C. 1979, c. 105, is repealed.

Queen's Printer for British ColumbiaO Victoria, 19S1

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