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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act, or in an enactment,
"Act" means an Act of the Legislature, whether referred to as a statute, code or by any other name, and, when referring to past legislation, includes an ordinance or proclamation made prior to 1871, and having the force of law;
"enact" includes to issue, make, establish or prescribe;
"enactment" means an Act or a regulation or a portion of an Act or regulation;
"public officer" includes a person in the public service of the Province;
"regulation" means a regulation, order, rule, form, tariff of costs or fees, proclamation, letters patent, commission, warrant, bylaw or other instrument enacted
(a) in execution of a power conferred under an Act; or
(b) by or under the authority of the Lieutenant Governor in Council,
but does not include an order of a court made in the course of an action or an order made by a public officer or administrative tribunal in a dispute between 2 or more persons;
"repeal" includes revoke, cancel or rescind.
Historical Note(s): 1974-42-1; 1976-23-1.
2. (1) Every provision of this Act extends and applies to every enactment, whether enacted before or after the commencement of this Act, unless a contrary intention appears in this Act or in the enactment.
(2) The provisions of this Act apply to this Act.
(3) Nothing in this Act excludes the application to an enactment of a rule of construction applicable to it and not inconsistent with this Act.
Historical Note(s): 1974-42-2.
3. (1) The date of the commencement of an Act or of a portion of it for which no other date of commencement is provided in the Act is the date of assent to the Act.
(2) Where an Act contains a provision that the Act or a portion of it is to come into force on a day other than the date of assent to the Act or on proclamation or by regulation of the Lieutenant Governor in Council, that provision and the title of the Act are deemed to have come into force on the date of assent to the Act.
(3) In this section "the date of assent" for an Act reserved for the signification of the Governor General's pleasure, means the date of the signification by the Lieutenant Governor that the Governor General in Council assented to the Act.
(4) The date of assent or signification is part of the Act.
(5) Every regulation of a class that is exempted from the application of the Regulations Act or to which that Act does not apply and which is not expressed to come into force on a particular day comes into force the day the regulation was enacted.
Historical Note(s): 1974-42-3; 1974-88-2(2); 1983-10-15; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
4. (1) An enactment shall be construed as commencing at the beginning of the day on which it comes into force.
(2) An enactment that is repealed and replaced ceases to have effect at the time the new enactment commences.
(3) Any other enactment ceases to have effect at the end of the day on which it expires or otherwise ceases to have effect.
(4) An enactment that has expired or otherwise ceased to have effect shall be deemed repealed for the purposes of this Act.
Historical Note(s): 1974-42-4; 1976-23-2.
5. (1) Where 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.
(2) Where an enactment is to come into force or be repealed on proclamation or by regulation of the Lieutenant Governor in Council,
(a) the proclamation or regulation may apply to the coming into force or repeal of any provision of the enactment; and
(b) proclamations or regulations may be issued at different times for different provisions of the enactment.
Historical Note(s): 1974-42-5; 1976-23-3; 1983-10-16.
6. A provision in a private Act does not affect the rights of any person, except only as referred to or mentioned in that Act.
Historical Note(s): 1974-42-6.
7. (1) Every enactment shall be construed as always speaking.
(2) Where a provision in an enactment is expressed in the present tense, the provision applies to the circumstances as they arise.
Historical Note(s): 1974-42-7.
8. Every enactment shall be construed as being remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
Historical Note(s): 1974-42-8.
9. The title and preamble of an enactment are part of it intended to assist in explaining its meaning and object.
Historical Note(s): 1974-42-9.
10. The enacting clause of an Act of the Legislature may be in the following form: "Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:".
Historical Note(s): 1974-88-1.
11. Head notes and references after the end of a section or other division form no part of the enactment, but shall be construed as being inserted for convenience of reference only.
Historical Note(s): 1974-42-10; 1976-23-4.
12. Definitions or interpretation provisions in an enactment, unless the contrary intention appears in the enactment, are applicable to the whole enactment including the section containing a definition or interpretation provision.
Historical Note(s): 1974-42-11; 1976-23-5.
13. An expression used in a regulation has the same meaning as in the enactment authorizing the regulation.
Historical Note(s): 1974-42-12.
14. (1) Unless it specifically provides otherwise, an enactment is binding on Her Majesty.
(2) Notwithstanding subsection (1), an enactment that would bind or affect the Crown in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, defined in the Assessment Act, does not bind or affect the Crown.
Historical Note(s): 1974-42-13; 1974-114-9; 1989-64-7.
15. (1) Every Act shall be construed as to reserve to the Legislature the power of repealing or amending it, and of revoking, restricting or modifying a power, privilege or advantage which it vests in or grants to any person.
(2) An Act may be amended or repealed by an Act passed in the same session of the Legislature.
Historical Note(s): 1974-88-4.
16. (1) In a proclamation, it is not necessary to mention that it is issued under an order of the Lieutenant Governor in Council.
(2) Where a proclamation is authorized, the proclamation may be dated the day its issue was authorized, and, notwithstanding the Regulations Act, the day on which it so purports to have been issued shall be deemed to be the day on which the proclamation takes effect.
(3) Where an enactment is expressed to come into force on proclamation, judicial notice shall be taken of the issue of the proclamation without being specially pleaded.
Historical Note(s): 1974-42-14; 1976-23-6; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
17. (1) A corporation has perpetual succession and may
(a) sue and be sued in its corporate name;
(b) contract and be contracted with in its corporate name;
(c) have a common seal and may alter or change it;
(d) acquire and dispose of property other than land for its purposes;
(e) regulate its own procedure and business; and
(f) [Repealed 1982-46-24, effective May 17, 1980.]
(g) in the case of a corporation having a name consisting of an English and a French form or a combined English and French form, use either the English or French form of its name or both forms and show on its seal both the English and French forms of its name or have 2 seals, one showing the English and the other showing the French form of its name.
(2) A majority of the members of the corporation may bind the others and the corporation by their acts.
(3) Individual members of a corporation established by an enactment who do not contravene the enactment are exempt from personal liability for the corporation's debts, obligations or acts.
Historical Note(s): 1974-42-15; 1982-46-24, effective May 17, 1980.
18. (1) Where in an enactment an act or thing is required or authorized to be done by more than 2 persons, a majority of them may do it.
(2) Where an enactment establishes a board, commission or other body consisting of 3 or more members (in this section called the "association"),
(a) if the number of members of the association provided for by the enactment is a fixed number, then at least 1/2 of that number of members constitutes a quorum at a meeting of the association;
(b) if the number of members of the association provided for by the enactment is not a fixed number, then at least 1/2 of the number of members in office constitutes a quorum at a meeting of the association, provided the number of members is within the maximum or minimum number, if any, authorized by the enactment;
(c) an act or thing done by a majority of the members of the association present at a meeting, if the members present constitute a quorum, shall be deemed to have been done by the association; and
(d) a vacancy in the membership of the association does not invalidate the constitution of the association or impair the right of the members in office to act, if the number of members in office is not less than a quorum.
Historical Note(s): 1974-42-16.
19. (1) Where 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 official capacity and representing his court.
(2) Without restricting subsection (1), where under an enactment an appeal is given from a person, board, commission or other body to a court or judge, an appeal lies from the decision of the court or judge as in the case of any other proceeding in that court or in the court of which the judge is a member.
Historical Note(s): 1974-42-17.
20. (1) An authority under an enactment to appoint a public officer is authority to appoint during pleasure.
(2) Where 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.
(3) Where the appointment of the person is terminated effective on a specified day, the termination is effective immediately on the commencement of that day.
Historical Note(s): 1974-42-18.
21. On a demise of the Crown, it is not necessary to renew a commission or appointment by which a person in the Province held or exercised his office or profession during the previous reign, but all persons who held or exercised an office or profession under the late Sovereign shall 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 these persons to take an oath of allegiance to the new Sovereign.
Historical Note(s): RS1960-97-2.
22. Words in an enactment authorizing the appointment of a public officer include power to
(a) fix his term of office;
(b) terminate his appointment or remove or suspend him;
(c) reappoint or reinstate him;
(d) fix his remuneration and vary or terminate it;
(e) appoint another in his place or to act in his place; and
(f) appoint a person as his deputy.
Historical Note(s): 1974-42-19.
23. (1) Words in an enactment directing or empowering a minister of the Crown to do something, or otherwise applying to him by his name of office, include a minister designated to act in the office and the deputy or associate deputy of the minister.
(1.1) Where a deputy minister is absent or unable to act, an assistant deputy minister, or some other official authorized by the minister, has the powers and shall perform the duties of the deputy minister.
(2) Words in an enactment directing or empowering a public officer to do something, or otherwise applying to him by his name of office, include a person acting for him or appointed to act in the office and the deputy of the public officer.
(3) This section applies whether or not the office of a minister or public officer is vacant.
(4) Subsection (1) does not authorize a deputy or an associate deputy of a minister to exercise an authority conferred on the minister to enact a regulation as defined in the Regulations Act.
Historical Note(s): 1976-23-7; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1985-15-30, effective March 2, 1987 (B.C. Reg. 248/86); 1988-46-36.
24. Where an enactment provides that a document is evidence or proof of a fact, unless the context indicates that the document is conclusive evidence, then, in any proceeding, the document is admissible in evidence and the fact shall be deemed to be established in the absence of any evidence to the contrary.
Historical Note(s): 1974-42-21; 1979-2-34.
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) Where 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) Where 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 shall be excluded.
(5) In the calculation of time not referred to in subsection (4), the first day shall be excluded and the last day included.
(6) Where, 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 attains a particular age expressed in years at the commencement of the relevant anniversary of his date of birth.
Historical Note(s): 1974-42-22.
26. The Lieutenant Governor in Council may make regulations
(a) prescribing a period in each year, known as Daylight Saving time, in which the time, for general purposes in the Province, shall be 7 hours behind Greenwich mean time; and
(b) varying the reckoning of Pacific Standard time.
Historical Note(s): RS1960-94-2,3.
27. (1) Where in an enactment anything is required or authorized to be done by or before a judge, justice, coroner or public officer, it shall be done by or before one whose jurisdiction or powers extend to the place where the thing is to be done.
(2) Where in an enactment power is given to a person to do or enforce the doing of an act or thing, all the powers shall be deemed to be also given that are necessary to enable the person to do or enforce the doing of the act or thing.
(3) Where in an enactment a power is conferred or a duty imposed, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(4) Where in an enactment a power is conferred to make regulations, the power includes a power exercisable in the same manner, and subject to the same consent and conditions, if any, to repeal or amend the regulations and make others.
(5) Where in an enactment the doing of an authorized act is dependent on an act of the Lieutenant Governor in Council or of a public officer, the Lieutenant Governor in Council or public officer, as the case may be, has the power to do that other act or thing.
(6) Power given in an enactment to a person to enter into an agreement includes power for the person with whom the agreement is to be made to enter into the agreement and to carry out its terms, subject to conditions applicable to that person in the exercise of the power.
(7) Where in an enactment power is given to a person to inspect or to require the production of records, the power includes power to make copies or extracts of the records.
Historical Note(s): 1974-42-23; 1976-23-8,9.
28. (1) Where 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.
(2) In an enactment words signifying a male person include a female person and words signifying a female person include a male person, and either word includes a corporation.
(3) In an enactment words in the singular include the plural, and words in the plural include the singular.
(4) Where a word or expression is defined in an enactment, other parts of speech and grammatical forms of the same word or expression have corresponding meanings.
Historical Note(s): 1974-42-24.
29. In an enactment
"acquire" means to obtain by any method and includes accept, receive, purchase, be vested with, lease, take possession, control or occupation of, and agree to do any of those things; but does not include expropriate;
"affidavit" or "oath" includes an affirmation, a statutory declaration, or a solemn declaration made under the Evidence Act, or under the Canada Evidence Act; and the word "swear" includes solemnly declare or affirm;
"bank" or "chartered bank" means a bank to which the Bank Act (Canada) applies;
"barrister" or "solicitor" or "barrister and solicitor" means a person entitled to practise under the Legal Profession Act;
"British Columbia land surveyor" means a person entitled to practise as a land surveyor under the Land Surveyors Act;
["calendar year", see "year"]
["Canada", see "government of Canada"]
"Cascade Mountains", means the line described in the schedule to this Act;
["chartered bank", see "bank"]
["civil engineer", see "professional engineer"]
"commencement", when used with reference to an enactment, means the date on which the enactment comes into force;
"commercial paper" includes a bill of exchange, cheque, promissory note, negotiable instrument, conditional sale agreement, lien note, hire purchase agreement, chattel mortgage, bill of lading, bill of sale, warehouse receipt, guarantee, instrument of assignment, things in action and, in addition, any document of title that passes ownership or possession and on which credit can be raised;
"consolidated revenue fund", "consolidated revenue", or "consolidated revenue fund of the Province" means the Consolidated Revenue Fund of British Columbia;
"corporation" means an incorporated association, company, society, municipality or other incorporated body where and however incorporated, and includes a corporation sole other than Her Majesty or the Lieutenant Governor;
"correctional centre" means a correctional centre under the Correction Act;
"county" means a county constituted and defined in the County Boundary Act;
"Court of Appeal" means the court continued by the Court of Appeal Act;
"credit union" means a credit union authorized to carry on business under the Financial Institutions Act;
"Criminal Code" means the Criminal Code (Canada);
["Crown, the", see "Her majesty"]
"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;
"Deputy Provincial Secretary" includes the Deputy Provincial Secretary and Deputy Minister of Government Services;
"dispose" means to transfer by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release and agree to do any of those things;
"electoral district" means an electoral district defined in the Constitution Act;
"Executive Council" means the Executive Council appointed under the Constitution Act;
"Gazette" means The British Columbia Gazette published by the Queen's Printer of British Columbia;
"government" or "government of British Columbia" means Her Majesty in right of the Province;
"government agent" means a person appointed under the Public Service Act as a government agent;
"government of Canada" or "Canada" means Her Majesty in right of Canada or Canada as the context requires;
"Governor", "Governor of Canada", or "Governor General" means the Governor General of Canada and includes the Administrator of Canada;
"Governor in Council" or "Governor General in Council" means the Governor General acting by and with the advice of, or by and with the advice and consent of, or in conjunction with, the Queen's Privy Council for Canada;
"Great Seal" means the Great Seal of the Province;
"herein" used in a section or part of an enactment shall be construed as referring to the whole enactment and not to that section or part only;
"Her Majesty", "His Majesty", "the Queen", "the King", "the Crown", or "the Sovereign" means the Sovereign of the United Kingdom, Canada, and Her other realms and territories, and Head of the Commonwealth;
"holiday" includes
(a) Sunday, Christmas Day, Good Friday and Easter Monday;
(b) Dominion Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day and New Year's Day;
(c) December 26; and
(d) a day fixed by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday;
["insane person", see "mentally disordered person"]
"insurance company" means
(a) an insurance company, or
(b) an extraprovincial insurance corporation
authorized to carry on insurance business under the Financial Institutions Act;
"judicial district" means a judicial district defined in the Supreme Court Act;
"justice" means a Justice of the Peace and includes a judge of the Provincial Court;
["King, the", see "Her Majesty"]
"land" includes any interest in land, including any right, title or estate in it of any tenure, with all buildings and houses, unless there are words to exclude buildings and houses, or to restrict the meaning;
"land title legislation", prior to October 31, 1979 means the Land Registry Act and after October 30, 1979 means the Land Title Act;
"Legislative Assembly" means the Legislative Assembly of the Province constituted under the Constitution Act;
"Legislature" means the Lieutenant Governor acting by and with the advice and consent of the Legislative Assembly;
"Lieutenant Governor" means the Lieutenant Governor of the Province and includes the Administrator of the Province;
"Lieutenant Governor in Council" means the Lieutenant Governor acting by and with the advice of, or by and with the advice and consent of, or in conjunction with, the Executive Council;
"mail" refers to the deposit of the matter to which the context applies in the Canada Post Office at any place in Canada, postage prepaid, for transmission by post, and includes deliver;
"may" is to be construed as permissive and empowering;
"medical practitioner" means a person entitled to practise under the Medical Practitioners Act;
"mentally disordered person", "mentally incompetent person", "mentally ill person", "mentally retarded person", or "insane person" means a mentally disordered person defined in the Mental Health Act;
["mining engineer", see "professional engineer"]
"minister" means that member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of the enactment;
"minor" means a person under the age of majority;
"month" means a period calculated from a day in one month to a day numerically corresponding to that day in the following month, less one day;
"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 Municipal 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 shall not be deemed to be a municipality within the meaning of any Act, other than the Municipal Act;
"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 bona fide subscription list;
"now" shall be construed as referring to the time of commencement of the enactment containing the word;
["oath", see "affidavit"]
"obligation" includes duty and liability;
"peace officer" includes
(a) a mayor, sheriff and sheriff's officer;
(b) a warden, correctional officer, and any other officer or permanent employee of a penitentiary, prison or correctional centre; and
(c) a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace;
"person" includes a corporation, partnership or party, and the personal or other legal representatives of a person to whom the context can apply according to law;
"personal representative" includes an executor of a will and an administrator with or without will annexed of an estate; and, where a personal representative is also a trustee of part or all of the estate, includes the personal representative and trustee;
"prescribed" means prescribed by regulation;
"proclamation" means a proclamation of the Lieutenant Governor under the Great Seal issued under an order of the Lieutenant Governor in Council;
"professional engineer", or "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 Act;
"property" includes any right, title, interest, estate or claim to or in property;
"Province" means the Province of British Columbia or Her Majesty in right of British Columbia as the context requires;
"province", when used as meaning a part of Canada includes the Northwest Territories and the Yukon Territory;
"Provincial Court" means the Provincial Court of British Columbia;
"Provincial Treasurer" or "Treasurer" means the Minister of Finance and includes the Deputy Minister of Finance;
"Provincial Treasury" or "Treasury" means the Ministry of Finance constituted under the Financial Administration Act;
["Queen, the", see "Her Majesty"]
"Railway Belt" means the land on the mainland of the Province expressed to be granted to Canada by section 2 of chapter 14 of the Statutes of British Columbia, 1884;
"record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by any means whether graphic, electronic, mechanical or otherwise;
"regional district" means a regional district defined in the Municipal Act;
"registered mail" includes certified mail;
"registrar" of a court includes the clerk of the court;
"Registrar of Companies" means the person appointed to that office under the Company Act;
"Registrar of Titles" or "registrar" means the registrar of a land title district appointed to that office under the Land Title Act;
"Revised Statutes" means the most recent Revised Statutes of British Columbia enacted under the most recent Statute Revision Act;
"right" includes power, authority, privilege and licence;
"Rules of Court", when used in relation to a court, means rules made under
(a) the Court Rules Act, or
(b) under any other enactment that empowers the making of rules governing practice and procedure in that court;
"rural area" means territory not organized as a municipality;
"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, or
(d) a corporation that is a subsidiary of a bank and is a loan company to which the Loan Companies Act (Canada) applies;
"school district" means a school district defined in the School Act;
"security" includes a security defined in the Securities Act; [see also "sureties"]
"shall" is to be construed as imperative;
["solicitor", see "barrister"]
["Sovereign, the", see "Her Majesty"]
"Supreme Court" means the Supreme Court of British Columbia;
"sureties" means sufficient sureties, and "security" means sufficient security; one person shall be sufficient for either unless otherwise expressly required;
["swear", see "affidavit"]
["Treasurer", see "Provincial Treasurer"]
["Treasury", see "Provincial Treasury"]
"will" means a will defined in the Wills Act;
"words" includes figures, punctuation marks, and typographical, monetary and mathematical symbols;
"writing", "written", or a term of similar import includes words printed, typewritten, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in visible form; and
"year" means any period of 12 consecutive months; but a reference to a "calendar year" means a period of 12 consecutive months commencing on January 1, and a reference by number to a dominical year means a period of 12 consecutive months commencing on January 1 of that dominical year.
Historical Note(s): RS1960-255-876(2); 1974-42-25(1); 1976-23-10; 1977-75-1; 1978-25-332,333; 1981-15-111, proclaimed effective November 26, 1981; 1987-25-104, effective June 1, 1988 (B.C. Reg. 172/88); 1989-22-13; 1989-40-116; 1989-47-372; 1990-33-4; 1992-59-53.
30. In an enactment, metric expressions and symbols have the meaning given to them in the Weights and Measures Act (Canada) and if not mentioned there, have the meaning ascribed to them in the International System of Units established by the General Conference of Weights and Measures.
Historical Note(s): 1977-53-6.
31. In an enactment, the name commonly applied to a country, place, body, corporation, society, officer, functionary, person, party, or thing means the country, place, body, corporation, society, officer, functionary, person, party, or thing to which the name is commonly applied, although the name is not the formal or extended designation of it.
Historical Note(s): 1974-42-26.
32. In an enactment a reference to another enactment of the Province or of Canada is a reference to the other enactment as amended whether amended before or after the commencement of the enactment in which the reference occurs.
Historical Note(s): 1974-42-27; 1976-23-11.
33. (1) A reference in an enactment to a series of numbers or letters by the first and last numbers or letters of the series includes the number or letter first and last mentioned.
(2) A reference in an enactment to a part, division, section, schedule, appendix, or form is a reference to a part, division, section, schedule, appendix or form of the enactment in which the reference occurs.
(3) A reference in an enactment to a subsection, paragraph, subparagraph or clause is a reference to a subsection, paragraph, subparagraph or clause of the section, subsection, paragraph or subparagraph, as the case may be, in which the reference occurs.
(4) A reference in an enactment to regulations is a reference to regulations made under the enactment in which the reference occurs.
(5) A reference in an enactment by number or letter to a section, subsection, paragraph, subparagraph, clause or other division or line of another enactment shall be construed as a reference to the division or line of the other enactment as printed under the Queen's Printer Act.
Historical Note(s): 1974-42-28.
34. An amending enactment shall be construed as part of the enactment that it amends.
Historical Note(s): 1974-42-29.
35. Where an enactment is repealed in whole or in part, the repeal does not
(a) revive an enactment or thing not in force or existing immediately before the time when the repeal takes effect;
(b) affect the previous operation of the enactment so repealed or anything done or suffered under it;
(c) affect a right or obligation acquired, accrued, accruing or incurred under the enactment so repealed;
(d) subject to section 36 (1) (d), affect an offence committed against or a contravention of the repealed enactment, or a penalty, forfeiture or punishment incurred under it; or
(e) affect an investigation, proceeding or remedy for the right, obligation, penalty, forfeiture or punishment,
and, subject to section 36 (1), an investigation, proceeding or remedy as described in paragraph (e) may be instituted, continued or enforced and the penalty, forfeiture or punishment imposed as if the enactment had not been repealed.
Historical Note(s): 1974-42-30.
36. (1) Where an enactment (the "former enactment") is repealed and another enactment (the "new enactment") is substituted for it,
(a) every person acting under the former enactment shall continue to act as if appointed or elected under the new enactment until another is appointed or elected in his stead;
(b) every proceeding commenced under the former enactment shall be continued under and in conformity with the new enactment so far as it may be done consistently with the new enactment;
(c) the procedure established by the new enactment shall be followed as far as it can be adapted in the recovery or enforcement of penalties and forfeitures incurred under the former enactment, in the enforcement of rights existing or accruing under the former enactment, and in a proceeding relating to matters that have happened before the repeal;
(d) when a penalty, forfeiture or punishment is reduced or mitigated by the new enactment, the penalty, forfeiture or punishment if imposed or adjusted after the repeal shall be reduced or mitigated accordingly;
(e) all regulations made under the former enactment remain in force and shall be 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 made in their place; and
(f) a reference in an unrepealed enactment to the former enactment shall, 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, where there is no provision in the new enactment relating to the same subject matter, the former enactment shall be construed as being unrepealed so far as is necessary to give effect to the unrepealed enactment.
(2) Where an enactment of any other province of Canada or of Canada is repealed in whole or in part and another provision is substituted by way of amendment, revision or consolidation, a reference in an enactment of the Province to the repealed enactment shall, 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.
Historical Note(s): 1974-42-31.
37. (1) The repeal of an enactment in whole or in part, or the repeal of an enactment and the substitution for it of another enactment, or the amendment of an enactment shall not be construed to be or to involve either a declaration that the enactment was or was considered by the Legislature or other body or person who enacted it to have been previously in force, or a declaration about the previous state of the law.
(2) The amendment of an enactment shall not be construed to be or to involve a declaration that the law under the enactment prior to the amendment was or was considered by the Legislature or other body or person who enacted it to have been different from the law under the enactment as amended.
(3) An amendment, consolidation, re-enactment or revision of an enactment shall not be construed to be or to involve an adoption of the construction that has by judicial decision or otherwise been placed on the language used in the enactment or on similar language.
Historical Note(s): 1974-42-32.
38. Where an enactment provides that notice shall or may be given by publication in a newspaper published in a particular municipality, district, county, jurisdiction or other place, the provision shall be construed to mean that the notice may be sufficiently given, if no newspaper is published at the time when the notice is to be given in the particular place, by publishing or advertising the notice in a newspaper published in British Columbia, nearest to the place mentioned.
Historical Note(s): 1990-33-5.
40. (1) The interpretation section of the Supreme Court Act, so far as the terms defined can be applied, extends to all enactments relating to legal proceedings.
(2) The interpretation section of the Municipal Act, so far as the terms defined can be applied, extends to all enactments relating to municipal matters.
Historical Note(s): 1974-42-35,36.
41. (1) Where an enactment provides that the Lieutenant Governor in Council or any other person may make regulations, the enactment shall be construed as empowering the Lieutenant Governor in Council or that other person, for the purpose of carrying out the enactment according to its intent, to
(a) make regulations as are considered necessary and advisable, are ancillary to it, and are not inconsistent with it;
(b) provide for administrative and procedural matters for which no express, or only partial, provision has been made;
(c) limit the application of a regulation in time or place or both;
(d) prescribe the amount of a fee authorized by the enactment;
(e) provide, for a regulation made by or with the approval of the Lieutenant Governor in Council, that its contravention constitutes an offence; and
(f) provide that a person who is guilty of an offence created under paragraph (e) is liable to a penalty not greater than the penalties provided in the Offence Act.
(2) A regulation made under the authority of an enactment has the force of law.
Historical Note(s): 1974-42-37; 1976-23-12,13; 1979-2-35.
43. (1) A section is divided into subdivisions known in descending order as subsections, paragraphs, subparagraphs and clauses.
(2) A reference in an enactment enacted before July 1, 1974 to a clause shall be deemed to be a reference to a paragraph; a reference to a paragraph shall be deemed to be a reference to a subparagraph; and a reference to a subparagraph shall be deemed to be a reference to a clause.
Historical Note(s): 1974-42-39.
44. An Act may be cited by reference to its chapter number in the Revised Statutes, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted, or by reference to its long or short title with or without reference to its chapter number.
Historical Note(s): 1974-88-5.
45. Where an enactment provides that another enactment applies, it applies with the necessary changes and so far as it is applicable.
Historical Note(s): 1976-23-14.
[Editorial Note(s): see also draft uniform Interpretation Act and Statutes Act to be found as stated in the Users Guide to Statutes in the beginning of this volume.]
Commencing at Boundary Point No. 7 (formerly known as Point "D"), being a monument set by survey upon the ground on the International Boundary between Canada and Alaska; thence in a straight line to the nearest point on the westerly boundary of the watershed of Bear River; thence northerly along said westerly boundary to the point of junction thereof with the westerly boundary of the watershed of Nass River; thence northerly, easterly and southerly along the westerly boundary of the watershed of Nass River to the point thereon which lies due west of the northwest corner of Lot 1704, Cassiar Land District; thence east to said corner; thence easterly along the northerly boundary of said lot to the northeast corner thereof; thence southerly along the westerly boundary of Indian Reserve No. 1 (Aiyansh) to the most southerly corner thereof, being a point on the right bank of Nass River; thence due south to intersect the left bank of said river; thence easterly along the left bank of Nass River to the northwest corner of Lot 4827, Cassiar Land District; thence southerly along the westerly boundary of Lot 4827 to the southwest corner thereof; thence due south to the westerly boundary of the watershed of Tseax River; thence in a general southerly direction along said westerly boundary and continuing in a general southerly and easterly direction along the westerly and southerly boundaries of the watershed of Kitsumkalum River to the southerly boundary of the watershed of Alice Creek, a tributary of said Kitsumkalum River; thence easterly along said southerly boundary to the point thereon which lies due west of the northwest corner of Lot 1410, Range 5, Coast Land District; thence east to said corner; thence southerly and easterly along the westerly and southerly boundaries of said lot to the southeast corner thereof; thence southerly along the westerly boundary of Lot 1409 to the southwest corner thereof; thence easterly along the southerly boundary of said lot to the point thereon which lies due north of the more northerly northeast corner of Lot 701; thence south to said corner; thence southerly along the easterly boundary of said lot to the re-entrant angle thereof; thence easterly along the northerly boundary of said lot produced to the westerly boundary of Kitsumkaylum Indian Reserve No. 1; thence southerly along said boundary of said Indian reserve produced to the middle line of Skeena River; thence southwesterly along said middle line to a point due west of the left bank of Hellsgate Slough; thence east to said left bank and continuing easterly along the left bank of Hellsgate Slough and that of Skeena River to the northwest corner of Lot 373; thence easterly and southerly along the northerly and easterly boundaries of said lot to the southeast corner thereof; thence easterly along the northerly boundaries of Lots 1429 and 1051 to the northeast corner of Lot 1051 — all the above-mentioned lots, beginning with Lot 1410, being in Range 5, Coast Land District; thence due east to the southwesterly boundary of the watershed of Zymoetz River; thence in a general southeasterly direction along said southwesterly boundary and the easterly boundaries of the watersheds of Kitimat, Kildala, Kemano, Tsaytis, Kitlope and Kimsquit Rivers to the northerly boundary of the watershed of Dean River; thence easterly along said northerly boundary to the easterly boundary of the watershed of Sakumtha River; thence southerly along said easterly boundary and that of the watershed of Bernhardt Creek to the southerly boundary of the watershed of the streams flowing into Sigutlat Lake; thence easterly along said southerly boundary to the point thereon which lies due north of the northerly extremity of the westerly boundary of the watershed of Takia River; thence south to said northerly extremity; thence southerly along said watershed boundary to the southerly boundary of the watershed of Dean River; thence in a general southeasterly direction along said southerly boundary and the northerly boundary of the watershed of Klinaklini River to the easterly boundary of this said watershed; thence southeasterly along said easterly boundary and the northerly boundary of the watershed of Homathko River to the point thereon which lies due north of the northeast corner of Lot 333, Range 2, Coast Land District; thence south to said corner; thence southerly along the easterly boundaries of said Lot 333 and Lot 334 of said Range 2 to the southeast corner of Lot 334; thence westerly along the southerly boundary of said lot to the southwest corner thereof; thence due south to the westerly boundary of the watershed of Chilko River; thence southerly and southeasterly along said boundary and the southwesterly boundary of the watershed of Bridge River to the northerly boundary of the watershed of Birkenhead River; thence easterly and southerly along the northerly and easterly boundaries of the watershed of Birkenhead River to a point due north of the northeast corner of Lot 742, Lillooet District; thence south to the said northeast corner; thence southerly along the easterly boundary of Lot 742 to the southeast corner thereof; thence due south to the northerly boundary of Lot 969, Lillooet District; thence southeasterly, southerly, and westerly along the northerly, easterly and southerly boundaries of said lot to the intersection of said southerly boundary with the easterly boundary of the watershed of the Birkenhead River; thence southwesterly along said boundary to its intersection with the northerly boundary of Lot 1251, Lillooet Land District; thence westerly, southerly and easterly along the northerly, westerly and southerly boundaries of said lot to the southwest corner of Lot 5146; thence due south to the easterly boundary of the watershed of Birkenhead River; thence southeasterly along said boundary and the easterly boundary of the watershed of Lillooet Lake, Lillooet River, and Harrison Lake to the easterly boundary of the watershed of Garnet Creek; thence southerly along said boundary and the westerly and southerly boundaries of the watershed of American Creek to its intersection with the westerly boundary of Township 5, Range 26, west of the 6th meridian; thence southerly along said boundary and the westerly boundaries of Townships 4 and 3, Range 26, west of the 6th meridian, to the southwest corner of Township 3; thence due south to the northerly boundary of the watershed of Chilliwack River; thence in a general southeasterly direction along the northerly and easterly boundaries of the watershed of Chilliwack River to the southerly boundary of the Province.
Historical Note(s): 1974-42-25(2).
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