Section 5 (1) BEFORE amended by 2017-10-60,Sch 1, effective November 2, 2017 (Royal Assent).
(1) If an enactment that is not in force contains provisions conferring power to make regulations, or to do any other thing, to make the enactment effective on its coming into force, the power may be exercised before the enactment comes into force, but the regulation or the thing done has no effect until the enactment comes into force, except in so far as is necessary to make the enactment effective on its coming into force.
Section 19 (1) BEFORE amended by 2023-10-378, effective March 30, 2023 (Royal Assent).
(1) If by an enactment judicial or quasi judicial powers are given to a judge or officer of a court, the judge or officer in exercising the powers does so in his or her official capacity and representing the court.
Section 20 (2) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(2) If a person is appointed by or under an enactment to an office effective on a specified day, the appointment is effective immediately on the commencement of that day.
Section 20 re-enacted by 2018-5-2 effective January 1, 2019 (BC Reg 272/2018).
Appointments of officers
20 (1) An authority under an enactment to appoint a public officer is authority to appoint during pleasure.
(2) If a person is appointed under an enactment to an office effective on a specified day, the appointment is effective immediately on the commencement of that day.
(3) If the appointment of the person is terminated effective on a specified day, the termination is effective immediately on the commencement of that day.
Section 21 BEFORE amended by 2023-10-379, effective March 30, 2023 (Royal Assent).
Demise of Crown
21 On a demise of the Crown, it is not necessary to renew a commission or appointment by which a person in British Columbia held or exercised their office or profession during the previous reign, but all persons who held or exercised an office or profession under the late Sovereign continue in the exercise of the duties and functions of their respective offices and professions as fully as if newly appointed by commission or appointment from the Sovereign for the time being from the date of his or her accession, and it is not necessary for those persons to take an oath of allegiance to the new Sovereign.
Section 22 (a), (b) and (e) BEFORE amended by 2023-10-380, effective March 30, 2023 (Royal Assent).
(a) set his or her term of office;
(b) terminate his or her appointment or remove or suspend the public officer;
(e) appoint another in his or her place or to act in his or her place;
Section 23 (1) and (3) BEFORE amended by 2023-10-381, effective March 30, 2023 (Royal Assent).
(1) Words in an enactment directing or empowering a minister of the government to do something, or otherwise applying to the minister by his or her name of office, include a minister designated to act in the office and the deputy or associate deputy of the minister.
(3) Words in an enactment directing or empowering a public officer to do something, or otherwise applying to the public officer by his or her name of office, include a person acting for the public officer or appointed to act in the office and the deputy of the public officer.
Section 25 BEFORE re-enacted by 2018-5-3 effective January 1, 2019 (BC Reg 272/2018).
Calculation of time or age
25 (1) This section applies to an enactment and to a deed, conveyance or other legal instrument unless specifically provided otherwise in the deed, conveyance or other legal instrument.
(2) If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday.
(3) If the time for doing an act in a business office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open.
(4) In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded.
(5) In the calculation of time not referred to in subsection (4), the first day must be excluded and the last day included.
(6) If, under this section, the calculation of time ends on a day in a month that has no date corresponding to the first day of the period of time, the time ends on the last day of that month.
(7) A specified time of day is a reference to Pacific Standard time, or 8 hours behind Greenwich mean time, unless Daylight Saving time is being used or observed on that day.
(8) A person reaches a particular age expressed in years at the start of the relevant anniversary of his or her date of birth.
Section 26 BEFORE re-enacted by 2018-5-4 effective January 1, 2019 (BC Reg 272/2018).
Section 28 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) If a form is prescribed by or under an enactment, deviations from it not affecting the substance or calculated to mislead, do not invalidate the form used.
Section 28 (2) BEFORE amended by 2023-10-382, effective March 30, 2023 (Royal Assent).
(2) Gender specific terms include both genders and include corporations.
Section 29 definition of "electoral district" BEFORE amended by 1999-31-16, effective April 18, 2001 [dissolution of 36th Parliament].
"electoral district" means an electoral district referred to in section 19 of the Constitution Act;
Section 29 definitions of "municipality", "regional district" and "rural area" BEFORE amended by 2003-52-131, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
"municipality" includes a city, town, village, district or township incorporated by or under an Act, but does not include a regional district or an improvement district defined in the Local Government Act, and does not include a village where the Lieutenant Governor in Council has, by regulation applicable to villages generally or to one or more villages, declared that a village is deemed not to be a municipality within the meaning of any Act, other than the Local Government Act;
"regional district" means a regional district defined in the Local Government Act;
"rural area" means territory not organized as a municipality;
Section 29 definition of "Registrar of Companies" BEFORE amended by 2003-70-203, effective March 29, 2004 (BC Reg 64/2004).
"Registrar of Companies" means the person appointed to that office under the Company Act;
Section 29 definition of "Provincial Treasurer" or "Treasurer" BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
"Provincial Treasurer" or "Treasurer" means the Minister of Finance and Corporate Relations and includes the Deputy Minister of Finance and Corporate Relations;
Section 29 definition of "Provincial Treasury" or "Treasury" BEFORE amended by 2003-54-27,Sch B, effective April 1, 2004 (BC Reg 11/2004).
"Provincial Treasury" or "Treasury" means the Ministry of Finance and Corporate Relations constituted under the Financial Administration Act;
Section 29 definition of "peace officer", paragraph (b) BEFORE amended by 2003-85-63, effective April 1, 2004 (BC Reg 139/2004).
(b) a warden, correctional officer, and any other officer or permanent employee of a penitentiary, prison or correctional centre, and
Section 29 definition of "youth custody centre" was added by 2003-85-63, effective April 1, 2004 (BC Reg 139/2004).
Section 29 definition of "newspaper" BEFORE amended by 2004-23-20, effective April 29, 2004 (Royal Assent).
"newspaper", in a provision requiring publication in a newspaper, means a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers on a genuine subscription list;
Section 29 definition of "credit union" BEFORE amended by 2004-48-134(a), effective December 31, 2004 (BC Reg 597/2004).
"credit union" means a credit union authorized to carry on business under the Financial Institutions Act;
Section 29 definition of "savings institution" BEFORE amended by 2004-48-134(b), effective December 31, 2004 (BC Reg 597/2004).
"savings institution" means
(a) a bank,
(b) a credit union,
(c) a trust company or extraprovincial trust corporation authorized to carry on deposit business under the Financial Institutions Act,
(d) a corporation that is a subsidiary of a bank and is a loan company to which the Trust and Loan Companies Act (Canada) applies, or
(e) the B.C. Community Financial Services Corporation established under the Community Financial Services Act;
Section 29 definition of "trust company" BEFORE amended by 2004-48-134(c), effective December 31, 2004 (BC Reg 597/2004).
"trust company" means
(a) a trust company, or
(b) an extraprovincial trust corporation
authorized under the Financial Institutions Act to carry on trust business, deposit business or both;
Section 29 definition of "Surveyor General of British Columbia" was added by 2004-66-55, effective January 20, 2005 (BC Reg 16/2005).
Section 29 definition of "Cascade Mountains" BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
"Cascade Mountains" means the line described in the Schedule to this Act;
Section 29 definition of "herein" BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
"herein" used in a section or part of an enactment must be construed as referring to the whole enactment and not to that section or Part only;
Section 29 definition of "savings institution", paragraph (c) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(c) a extraprovincial trust corporation authorized to carry on deposit business under the Financial Institutions Act,
Section 29 definition of "justice" BEFORE amended by 2008-42-21, effective April 1, 2008 [retro from May 29, 2008 (Royal Assent)].
"justice" means a justice of the peace and includes a judge of the Provincial Court;
Section 29 definition of "medical practitioner" BEFORE amended by 2006-23-32, effective June 1, 2009 (BC Reg 423/2008).
"medical practitioner" means a person entitled to practise under the Medical Practitioners Act;
Section 29 definition of "province" BEFORE amended by 2009-22-52, effective October 29, 2009 (Royal Assent).
"province", when used as meaning a part of Canada, includes the Northwest Territories, the Yukon Territory and Nunavut;
Section 29 definition of "holiday", paragraph (b) BEFORE amended by 2012-24-4, effective May 31, 2012 (Royal Assent).
(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day and New Year's Day,
Section 29 definition of "nurse practitioner" was added by 2011-24-8, effective August 1, 2012 (BC Reg 121/2012).
Section 29 definition of "savings institution", paragraphs (c) and (d) BEFORE amended by BC Reg 226/2013 under 2004-23-21, effective November 12, 2013 (BC Reg 226/2013).
(c) an extraprovincial trust corporation authorized to carry on deposit business under the Financial Institutions Act,
(d) a corporation that is a subsidiary of a bank and is a loan company to which the Trust and Loan Companies Act (Canada) applies, or
Section 29 definition of "savings institution", paragraph (e) BEFORE repealed by BC Reg 226/2013 under 2004-23-21, effective November 12, 2013 (BC Reg 226/2013).
(e) the B.C. Community Financial Services Corporation established under the Community Financial Services Act;
Section 29 (b) BEFORE amended by 2009-13-225(b), effective March 31, 2014 (BC Reg 148/2013).
"will" means a will as defined in the Wills Act;
Section 29 definition "Rules of Court", paragraph (b) BEFORE amended by BC Reg 263/2014 under RS1996-440-10, effective April 21, 1997 [retro from December 22, 2014 (BC Reg 263/2014).
(b) under any other enactment that empowers the making of rules governing practice and procedure in that court;
Section 29 definition of "Gazette" BEFORE amended by 2015-23-70, effective May 14, 2015 (Royal Assent).
"Gazette" means The British Columbia Gazette published by the Queen's Printer of British Columbia;
Section 29 definition of "deliver" BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).
"deliver", with reference to a notice or other document, includes mail to or leave with a person, or deposit in a person's mail box or receptacle at the person's residence or place of business;
Section 29 definition of "nurse practitioner" BEFORE amended by 2021-3-16, effective September 1, 2020 [retro from March 25, 2021 (Royal Assent)].
"nurse practitioner" means a person who is authorized under the bylaws of the College of Registered Nurses of British Columbia to practise nursing as a nurse practitioner and to use the title "nurse practitioner";
Section 29 definition of ' "professional engineer", "civil engineer" or "mining engineer" ' BEFORE amended by 2022-19-64, effective June 2, 2022 (Royal Assent).
"professional engineer", "civil engineer" or "mining engineer" or words implying recognition of any person as a professional engineer or member of the engineering profession means a person registered or licensed under the Engineers and Geoscientists Act;
Section 29 definition of "holiday", paragraph (b) BEFORE amended by 2023-4-4, effective March 9, 2023 (Royal Assent).
(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, Family Day and New Year's Day,
Section 29.1 definitions of "final agreement, "treaty first nation", "treaty first nation child" and "treaty lands" BEFORE enacted by 2007-36-104.1 [as amended by 2007-36-104.1 en by 2007-43-26 eff 3 Apr 2009 (BC Reg 55/09)], effective April 1, 2011 (BC Reg 51/11).
"final agreement", except in references to the Nisg̱a'a Final Agreement, means the Tsawwassen First Nation Final Agreement;
"treaty first nation" means the Tsawwassen First Nation or the Tsawwassen First Nation Government, as the context requires;
"treaty first nation child" means a treaty first nation member who has not reached the age of majority;
"treaty lands", in relation to the Tsawwassen First Nation, means Tsawwassen Lands including additions to Tsawwassen Lands made in accordance with the Tsawwassen Final Agreement.
Section 29.1 definition of "treaty first nation constituent" was added by 2007-36-104.1 [as amended by 2007-36-104.1 en by 2007-43-26 eff 3 Apr 2009 (BC Reg 55/09)], effective April 1, 2011 (BC Reg 51/11).
Section 29.1 (2) BEFORE amended by 2007-36-104.1 [as amended by 2007-36-104.1 en by 2007-43-26 eff 3 Apr 2009 (BC Reg 55/09)], effective April 1, 2011 (BC Reg 51/11).
(2) Words and expressions that are used in this section and defined in a final agreement have the same meaning as in the final agreement.
Section 29.1 (1) definition of "treaty first nation child" (part) BEFORE amended by 2011-11-41(a), effective June 2, 2011 (Royal Assent).
"treaty first nation child", as provided by the applicable final agreement, means
Section 29.1 (1) definitions of "tax treatment agreement" and "treaty first nation member" were added by 2011-11-41(b), effective June 2, 2011 (Royal Assent).
Section 29.1 (1) (part) BEFORE amended by 2011-11-42, effective April 5, 2016 (BC Reg 24/2016).
(1) Insofar as they can be applied, the following definitions apply in all enactments relating to aboriginal or first nation matters:
Section 29.1 (1) definitions of "final agreement", "settlement legislation", "treaty first nation" and "treaty lands" BEFORE amended by 2011-11-42, effective April 5, 2016 (BC Reg 24/2016).
"final agreement", except in references to the Nisg̱a'a Final Agreement, means
(a) the Tsawwassen First Nation Final Agreement, or
(b) the Maa-nulth First Nations Final Agreement;
"settlement legislation" means an Act of British Columbia ratifying or giving effect to the final agreement of a treaty first nation;
"treaty first nation" means
(a) the Tsawwassen First Nation or the Tsawwassen First Nation Government, as the context requires, or
(b) a Maa-nulth First Nation or a Maa-nulth First Nation Government, as the context requires;
"treaty lands"
(a) in relation to the Tsawwassen First Nation, means Tsawwassen Lands, including additions to Tsawwassen Lands made in accordance with the Tsawwassen Final Agreement, and
(b) in relation to a Maa-nulth First Nation, means the Maa-nulth First Nation Lands described for the Maa-nulth First Nation in section 2.1.1 of Chapter 2 [Lands] of the Maa-nulth First Nations Final Agreement, and includes additions to the Maa-nulth First Nation Lands of that Maa-nulth First Nation made in accordance with that final agreement.
Section 29.1 (2) BEFORE repealed by 2011-11-42, effective April 5, 2016 (BC Reg 24/2016).
(2) Words and expressions that are used in this section and defined in a final agreement or settlement legislation specific to a treaty first nation have the same meaning as in the final agreement or settlement legislation, as applicable.
Section 36 (1) (e) BEFORE amended by 2017-10-60,Sch 1, effective November 2, 2017 (Royal Assent).
(e) all regulations made under the former enactment remain in force and are deemed to have been made under the new enactment, in so far as they are not inconsistent with the new enactment, until they are repealed or others are made in their place, and
Section 36 (1) (f) BEFORE repealed by 2018-5-6(a) effective January 1, 2019 (BC Reg 272/2018).
(f) a reference in an unrepealed enactment to the former enactment must, for a subsequent transaction, matter or thing, be construed as a reference to the provision of the new enactment relating to the same subject matter, but if there is no provision in the new enactment relating to the same subject matter, the former enactment must be construed as being unrepealed so far as is necessary to give effect to the unrepealed enactment.
Section 36 (2) BEFORE repealed by 2018-5-6(b) effective January 1, 2019 (BC Reg 272/2018).
(2) If all or part of an enactment of any other province of Canada or of Canada is repealed and another provision is substituted by way of amendment, revision or consolidation, a reference in an enactment of the Province to the repealed enactment must, for a subsequent transaction, matter or thing, be construed to be a reference to the provision of the substituted enactment relating to the same subject matter.
Section 36 (1) (a) BEFORE amended by 2023-10-383, effective March 30, 2023 (Royal Assent).
(a) every person acting under the former enactment must continue to act as if appointed or elected under the new enactment until another is appointed or elected in his or her place,
Section 40 BEFORE re-enacted by 2003-52-132, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
Application of definitions in Local Government Act to other enactments
40 (1) The definitions section of the Local Government Act, so far as the terms defined can be applied, extends to all enactments relating to municipal matters.
(2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Local Government Act.
Section 40 (1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) So far as the terms defined can be applied, the definitions established by or applicable under
(a) the schedule to the Community Charter, and
(b) section 5 of the Local Government Act
extend to all enactments relating to municipal and regional district matters.