Interpretation

1   In this regulation "Act" means the Regulations Act.

Examination

2   A person designated under section 2 of the Act shall advise the regulation making authority whether or not a proposed regulation

(a) is authorized by the enactment under which it is to be made,

(b) is an unusual or unexpected use of the authority under which the regulation is to be made,

(c) trespasses unduly on existing rights and freedoms,

(d) is consistent with the Canadian Charter of Rights and Freedoms, and

(e) is drafted in accordance with standards established by the Chief Legislative Counsel.

Regulation number

3   (1) The registrar shall assign a number to each regulation that is accepted for deposit under section 3 of the Act, and shall mark on the regulation that number, the word "Deposited" and the day, month and year of deposit.

(2) A regulation that is deposited under subsection (1) or revised and deposited under Part 2 may be cited as "B.C. Reg." or "B.C. Regulation" followed by the number assigned to it, e.g. B.C. Reg. 444/97.

(3) Repealed. [B.C. Reg. 234/97.]

[am. B.C. Regs. 45/85, s. 2; 234/97.]

Index

4   The registrar shall maintain an index of deposited regulations.

Regulation title

5   The registrar may add a descriptive title to a regulation in preparing it for publication.

Fees

6   The fees payable under section 11 (2) (a) of the Act are

Consolidated Regulations of British Columbia

7   (1) Subject to subsection (2), the Consolidated Regulations of British Columbia, being a set of consolidated regulations of general public interest published in looseleaf format, is continued as an online publication published in Portable Document Format (PDF) on a website designated by the Chief Legislative Counsel.

(2) A consolidated regulation that is published in looseleaf format continues to be part of the Consolidated Regulations of British Columbia until the regulation is published as a part of the online publication under subsection (1).

(3) In preparing a regulation for publication in the Consolidated Regulations of British Columbia, the registrar may make changes in the regulation respecting form, style, numbering and typographical or reference errors or inaccuracies.

(4) A reference in an enacting regulation to a previously enacted regulation that at the time of the enactment of the enacting regulation is published in the Consolidated Regulations of British Columbia must, unless a contrary intention appears in the enacting regulation, be construed to be a reference to the previously enacted regulation as published in the Consolidated Regulations of British Columbia.

[en. B.C. Reg. 189/2017.]

Interpretation

8   In this Part:

"enacting authority" means

(a) the person who has the authority under an enactment to enact the regulation to be revised, or a person designated by that person, or

(b) in the case of a regulation that can be enacted by the Lieutenant Governor in Council, the minister responsible for administration of the enactment that is authority for enacting the regulation to be revised, or a person designated by that minister,

but does not include a person who, under the enactment, is required to give approval to the enactment of the regulation or is required to be consulted with before its enactment;

"regulation" includes part of a regulation;

"reviser" means the Chief Legislative Counsel and includes a lawyer employed in the office of legislative counsel.

[en. B.C. Reg. 45/85, s. 4; am. B.C. Reg. 76/2022, s. 8.]

Revision powers

9   The reviser may revise a regulation by

(a) altering the form, style, punctuation, numbering and arrangement of its provisions,

(b) altering its language to the extent the reviser considers appropriate

(i) to clarify what is considered to have been the intention of the enacting authority, and

(ii) to maintain consistency with the drafting policies of the Chief Legislative Counsel,

(c) correcting typographical or reference errors or inaccuracies,

(d) omitting spent provisions, and

(e) omitting provisions that can be implemented through administrative direction or that are unnecessary to achieve its intent.

[en. B.C. Reg. 45/85, s. 4.]

Approval of enacting authority

10   After completing a revised regulation the reviser shall submit it to the enacting authority for examination.

[en. B.C. Reg. 45/84, s. 4.]

Submission to registrar

11   If the enacting authority approves the revised regulation the enacting authority shall endorse it as approved and deposit it with the registrar, and the Act, except sections 2 and 3 (2), applies to the revised regulation the same as if the regulation had been originally enacted.

[en. B.C. Reg. 45/85, s. 4; am. B.C. Reg. 76/2022, s. 6.]

Commencement and repeal

12   (1) A revised regulation comes into force on the date of its deposit or on a later date specified in the revised regulation.

(2) On the coming into force of a revised regulation the original regulation it replaces, as specified in the revised regulation, is repealed.

[en. B.C. Reg. 45/85, s. 4.]