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Provincial Symbols and Honours Act

[RSBC 1996] CHAPTER 380

Contents
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
 6.1 Mammal emblem
 6.2 Fish emblem
 6.3 Fish emblem regulations
 7 British Columbia Tartan
 8 Use of tartan
 9 British Columbia tartan regulations
 10 Offence
 11 Misuse of Provincial symbol
Part 2 — Provincial Honours
 Division 1 — Order of British Columbia
 12 Definitions
 13 Order of British Columbia
 14 Advisory council
 14.1 Secretary of the advisory council
 15 Recommendation and rules
 16 Nominations
 17 Appointments
 18 Privileges of members
 18.1 Resignation and termination
 18.2 Order of British Columbia regulations
 Division 2 — British Columbia Medal of Good Citizenship
 18.3 Definitions
 19 British Columbia Medal of Good Citizenship
 19.1 Selection committee
 19.2 Secretary of selection committee
 19.3 Recommendations and rules
 19.4 Nominations
 19.5 Awards
 19.6 Privileges of Medal recipients
 19.7 Rescission of award
 20 British Columbia Medal of Good Citizenship regulations
Part 3 — Police Officer Commissions
 21 Definitions
 22 Officer commissions
 23 Revocation and return of officer commissions
 24 Officer commissions 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 minister, assume, display or use the Coat of Arms of British Columbia or a design so closely resembling it as to be likely to deceive.

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.

Mammal emblem

6.1  The non-albino, white colour phase of the mammal known taxonomically as Ursus americanus and commonly known as the Spirit Bear is the mammal emblem of British Columbia.

Fish emblem

6.2  (1) In this section and section 6.3, "Pacific Salmon" means the following species of the genus taxonomically known as Oncorhynchus:

(a) Oncorhynchus clarkii commonly known as cutthroat trout;

(b) Oncorhynchus gorbuscha commonly known as pink salmon;

(c) Oncorhynchus keta commonly known as chum salmon;

(d) Oncorhynchus kisutch commonly known as coho salmon;

(e) Oncorhynchus mykiss commonly known as steelhead;

(f) Oncorhynchus nerka commonly known as sockeye salmon;

(g) Oncorhynchus tshawytscha commonly known as chinook salmon.

(2) Pacific Salmon is the fish emblem of British Columbia.

Fish emblem regulations

6.3  The Lieutenant Governor in Council may make regulations establishing a symbol to represent Pacific Salmon.

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 minister.

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.

British Columbia tartan 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.

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

Division 1 — Order of British Columbia

Definitions

12  In this Division:

"advisory council" means the advisory council continued under section 14;

"Chancellor" means the Chancellor referred to in section 13 (2);

"Order" means the Order of British Columbia continued under section 13;

"secretary" means the secretary appointed under section 14.1.

Order of British Columbia

13  (1) 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.

(2) The Lieutenant Governor

(a) is a member of the Order without further appointment, and

(b) while in office as Lieutenant Governor, is the Chancellor of the Order.

(3) The Order is the highest honour of British Columbia and takes precedence over all other orders, decorations and medals conferred by Her Majesty in right of British Columbia.

Advisory council

14  An advisory council is continued consisting of the following:

(a) the Chancellor;

(b) the Chief Justice of British Columbia, who is the Chair;

(c) the Speaker of the Legislative Assembly of British Columbia;

(d) the deputy minister, Intergovernmental Relations Secretariat;

(e) for a 2 year term, a president of a university established or continued under the University Act, the Royal Roads University Act or the Thompson Rivers University Act, chosen in turn in the order determined by the advisory council;

(f) 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.

Secretary of the advisory council

14.1  (1) The Lieutenant Governor in Council may appoint an employee of the government to be the secretary of the advisory council.

(2) The secretary's function is to maintain the records of the advisory council and Order and perform other duties that the advisory council may require.

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  (1) Any person or organization may submit to the advisory council nominations for appointment to the Order.

(2) A person may not nominate themselves 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  (1) 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.

(2) The insignia referred to in subsection (1) are the following:

(a) a medal in the form of a stylized flowering dogwood bearing the Shield of Arms of British Columbia and the Crown, worn with a green, gold, white and blue ribbon;

(b) a lapel pin in the form of a stylized flowering dogwood bearing the Shield of Arms of British Columbia and the Crown.

Resignation and termination

18.1  (1) A member may resign from the Order by giving written notice of his or her intention to resign, signed by the member, to the Chancellor.

(2) The Chancellor may terminate a person's membership in the Order

(a) on the recommendation of the advisory council, and

(b) with the approval of the executive council.

(3) If a person's membership in the Order is terminated under subsection (2), the termination is effective when the Order in Council respecting the person's membership is rescinded.

(4) If a person ceases to be a member of the Order under subsection (1) or (2), the person must immediately return the following to the secretary:

(a) the commission evidencing the appointment of the member;

(b) the insignia of the Order that were presented to the person.

Order of British Columbia regulations

18.2  The Lieutenant Governor in Council may make regulations governing the use and display of the insignia of the Order.

Division 2 — British Columbia Medal of Good Citizenship

Definitions

18.3  In this Division:

"Medal" means the British Columbia Medal of Good Citizenship referred to in section 19;

"secretary" means the secretary appointed under section 19.2;

"selection committee" means the selection committee established under section 19.1.

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.

Selection committee

19.1  A selection committee is established consisting of the following:

(a) a Chair appointed by the Lieutenant Governor in Council for a term not exceeding 4 years;

(b) up to 6 additional members appointed by the Lieutenant Governor in Council for terms not exceeding 2 years.

Secretary of selection committee

19.2  (1) The Lieutenant Governor in Council may appoint an employee of the government to be the secretary of the selection committee.

(2) The secretary's function is to maintain the records of the selection committee and to perform other duties that the selection committee may require.

Recommendations and rules

19.3  (1) The selection committee must recommend each year to the Lieutenant Governor in Council persons who, in the opinion of the selection committee, deserve to be awarded the Medal.

(2) The selection committee may make rules governing the conduct of its business.

Nominations

19.4  (1) Any person or organization may submit to the selection committee nominations for the Medal.

(2) A person may not nominate themselves for the Medal.

Awards

19.5  (1) The Medal may be awarded by the Lieutenant Governor in Council on the recommendation of the selection committee.

(2) A person who is an elected federal, provincial or municipal representative is not eligible to be awarded the Medal while that person remains in office.

Privileges of Medal recipients

19.6  (1) A person who is awarded the Medal may wear the insignia of the Medal and have the prescribed letters placed after the person's name.

(2) The insignia referred to in subsection (1) are the following:

(a) a medal in the prescribed form;

(b) additional insignia in the prescribed form, if specified by the regulations.

(3) A certificate signed by the Premier may be presented to a person who is awarded the Medal.

Rescission of award

19.7  (1) On the recommendation of the selection committee, the Lieutenant Governor in Council may rescind an award of the Medal.

(2) If an award is rescinded under subsection (1), the person to whom the Medal was awarded must immediately return the following to the secretary:

(a) the medal and any additional insignia of the Medal that were presented to the person;

(b) the certificate that was presented to the person.

British Columbia Medal of Good Citizenship regulations

20  The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the matters for which regulations are contemplated by section 19.6 (1) and (2);

(b) governing the use and display of the insignia of the Medal.

Part 3 — Police Officer Commissions

Definitions

21  In this Part:

"commission" means a commission referred to in section 22;

"minister" means the minister responsible for the administration of the Police Act;

"officer" means a person who is appointed under the Police Act as

(a) a municipal constable or chief constable, or

(b) a designated constable, deputy chief officer or chief officer of a designated policing unit, if the designated policing unit is prescribed as a police force under section 1.1 (c) of that Act.

Officer commissions

22  On the recommendation of the minister, the Lieutenant Governor in Council may authorize the issue of a commission under the Great Seal to an officer

(a) whose rank is inspector or higher,

(b) who meets prescribed criteria, if any, and

(c) who has the prescribed qualifications.

Revocation and return of officer commissions

23  (1) A person to whom a commission has been issued is ineligible to keep the commission

(a) if the person is dismissed under Part 11 of the Police Act,

(b) if the person's rank is reduced to a rank lower than inspector, or

(c) in prescribed circumstances.

(2) A commission that has been issued to a person is revoked on the date the person becomes ineligible to keep the commission.

(3) If a person to whom a commission has been issued is ineligible to keep the commission, the minister and the person must be notified by the following:

(a) if the person is or was a municipal constable other than a chief constable, notice must be given by the chief constable of the municipal police department with which the person is or was employed at the time the person became ineligible;

(b) if the person is or was a chief constable, notice must be given by the board of the municipal police department with which the person is or was employed at the time the person became ineligible;

(c) if the person is or was a designated constable or deputy chief officer of a designated policing unit, notice must be given by the chief officer of the designated policing unit with which the person is or was employed at the time the person became ineligible;

(d) if the person is or was a chief officer of a designated policing unit, notice must be given by the designated board that governs the designated policing unit with which the person is or was employed at the time the person became ineligible.

(4) A person to whom a commission has been issued must return the commission to the minister within 30 days after the person receives notice under subsection (3).

Officer commissions regulations

24  On the recommendation of the minister, the Lieutenant Governor in Council may make regulations for the purposes of sections 22 (b) and (c) and 23 (1) (c).