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This Act is current to September 13, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Regulations Act

[RSBC 1996] CHAPTER 402

Contents
1Definitions
2Examination of proposed regulation
3Effect only if deposited
4Effect when deposited
5Publication
6Exemption from publication
7Consequence of not publishing
8Section 7 not applicable after section 6 notice published
9Proof of deposit
10Offence Act
11Power to make regulations
12Coming into force of Acts
Schedule

Definitions

1  In this Act:

"material adopted by reference" means

(a) a code of, or standard set by, a provincial, national, international or any other code or standard making body, or

(b) a map, plan, geological survey, illustration, diagram, photograph, graph or table or any other similar record or thing,

that will reasonably be available to persons likely to be affected by it and is adopted or incorporated by reference into a regulation but is not attached to or accompanying the regulation;

"registrar" means the person designated by the minister as Registrar of Regulations;

"regulation" means a regulation, as defined in the Interpretation Act,

(a) made under a power in an Act where the word "regulation", "regulations", "prescribe", "prescribes" or "prescribed" is used in conferring the power, or

(b) identified in the Schedule,

but does not include

(c) material adopted by reference,

(d) a regulation adopted by reference, and

(e) a regulation, as defined in the Interpretation Act, of a corporation unless the regulation is identified in the Schedule;

"regulation adopted by reference" means that portion of a regulation, as defined in the Interpretation Act, that is adopted or incorporated by reference but that is not attached to or accompanying the regulation.

Examination of proposed regulation

2  Before a regulation is enacted, it must be submitted for examination to a person designated by the minister.

Effect only if deposited

3  (1) A regulation has no effect unless it or a copy of it is deposited with the registrar.

(2) The registrar must not accept a regulation for deposit until the registrar is satisfied that

(a) it has been examined by a person referred to in section 2, and

(b) other prescribed criteria have been met.

(3) Regulations deposited with the registrar must be available for inspection during regular office hours.

Effect when deposited

4  (1) A regulation or portion of a regulation comes into force on the date of its deposit unless

(a) a later date is specified in the regulation, or

(b) an earlier date is specified in the regulation and the Act under which the regulation is made authorizes the regulation to come into force on an earlier date.

(2) If the minister considers it in the public interest to do so, the minister may by regulation order that a regulation is deemed to have been deposited or filed on any specified date on or after its enactment but before its actual date of deposit and if the minister so orders, the regulation is deemed to have been deposited or filed on the specified date.

(3) The minister may include conditions in the minister's order varying the effect of the regulation during the period between the deemed date of deposit or filing and the actual date of deposit.

Publication

5  (1) The registrar must publish in the Gazette each regulation deposited with the registrar.

(2) In preparing a regulation

(a) for publication in the Gazette, or

(b) for printing in any other Queen's Printer publication,

the registrar may make changes in the regulation respecting form, style, numbering and typographical or reference errors or inaccuracies.

Exemption from publication

6  (1) The registrar may exempt a regulation from publication in the Gazette if the registrar considers that it

(a) is of a length to render publication in the Gazette impracticable or unduly expensive, and

(b) is or will be available to persons who are likely to be affected by it.

(2) If a regulation includes

(a) a code of, or standard set by, a provincial, national, international or any other code or standard making body, or

(b) a map, plan, geological survey, illustration, diagram, photograph, graph or table or any other similar record or thing,

the registrar may exempt that part of the regulation from publication.

(3) If the registrar exempts a regulation or part of a regulation from publication, the registrar must publish in the Gazette a notice indicating where and when the exempted regulation or part of the regulation may be inspected.

Consequence of not publishing

7  (1) A person must not be convicted of an offence against a regulation that is not published in the Gazette unless it is shown that reasonable steps had been taken by the time of the offence to bring the substance of the regulation to the notice of the public or the persons likely to be affected by it.

(2) A person must not be convicted of an offence against a regulation adopted by reference until the regulation that adopted it or incorporated it by reference is published in the Gazette unless it is shown that reasonable steps had been taken by the time of the offence to bring the substance of the regulation adopted by reference to the notice of the public or the persons likely to be affected by it.

Section 7 not applicable after section 6 notice published

8  After publication of the notice made under section 6 (3), section 7 (1) does not apply to the regulation or portion of the regulation that is exempted from publication.

Proof of deposit

9  A certificate that purports to be signed by the registrar to the effect that a regulation was deposited with the registrar on a specified date is evidence that it was deposited on the date specified.

Offence Act

10  Section 5 of the Offence Act does not apply to this Act or to regulations made under this Act.

Power to make regulations

11  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing fees for copies of regulations provided by the registrar;

(a.1) prescribing criteria for the purposes of section 3 (2) (b);

(b) providing for the consolidation, revision and republication of regulations, for their coming into force and for the repeal of regulations replaced by them;

(c) adding to the Schedule.

Coming into force of Acts

12  If an Act provides that it comes into force on proclamation, the Act or part of it may be brought into force by regulation of the Lieutenant Governor in Council.

Schedule

(Section 1)

An adjustment by the Workers' Compensation Board to each dollar amount mentioned in the Workers Compensation Act made by the Board under sections 25.2 and 25.3 of that Act;

Regulations or rules under the Workers Compensation Act made by the Workers' Compensation Board

(a) designating or recognizing a disease as an occupational disease under the definition of "occupational disease" in section 1 of that Act,

(b) under section 4 (2), 24 (1), 38 (1) (b) (ii) and (2), 40 (2), 47 (1) or 54 (6) of that Act, or

(c) under Part 3 of that Act;

A regulation revised under Part 2 of the regulations to this Act and deposited under section 3 of the Act;

The commission rules as defined by the Securities Act;

Regulations of the board of the Oil and Gas Commission under the Oil and Gas Activities Act.