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Provincial Symbols and Honours Act

[RSBC 1996] CHAPTER 380

Contents
Part 1 — Provincial Symbols
1Coat of Arms of British Columbia
2Representation of government authority
3Floral emblem
4Mineral emblem
5Tree emblem
6Bird emblem
6.1Mammal emblem
6.2Fish emblem
6.3Fish emblem regulations
7British Columbia Tartan
8Use of tartan
9British Columbia tartan regulations
10Offence
11Misuse of Provincial symbol
Part 2 — Provincial Honours
12Definitions
13Order of British Columbia
14Advisory council
14.1Secretary of the advisory council
15Recommendation and rules
16Nominations
17Appointments
18Privileges of members
18.1Resignation and termination
19British Columbia Medal of Good Citizenship
20Order of British Columbia 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

Definitions

12  In this Part:

"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.

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  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  (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.

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.

Order of British Columbia regulations

20  The Lieutenant Governor in Council may make regulations

(a) [Repealed 2006-27-9.]

(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.