What is a severability clause?

A severability clause states that if part of a bylaw is found invalid or unenforceable, the rest of the bylaw remains in force.

Where are severability clauses located in Surrey bylaws?

They are usually in an "Interpretation", "General", or final provisions section of the bylaw; search the bylaw PDF for "severability" or similar terms.

Can a severability clause save an invalid bylaw?

A severability clause can allow the valid parts to remain, but courts decide based on whether the remaining provisions stand independently and comply with provincial law.

Bylaw Severability in Surrey, British Columbia

General Governance and Administration British Columbia 3 Minutes Read · published February 12, 2026

In Surrey, British Columbia, severability clauses are typically found in the interpretation or general provisions sections of municipal bylaws. This guide explains where to look in City of Surrey bylaws, how severability works in practice, and which departments and statutes govern enforcement and appeals. Use the official City of Surrey bylaw listings and the provincial Community Charter to verify language and legal authority.^[1]

Where to find severability clauses

Start with the City of Surrey consolidated bylaws or the specific bylaw PDF. Search each bylaw for headings such as "Interpretation", "General", "Severability", or the term "severable". Many bylaws place a severability or savings clause near the front or the final provisions. If a consolidated text is not available, check the individual bylaw document published by the City.^[1]

Check the bylaw's table of contents or use a PDF text search for "sever".

Legal authority and scope

Municipal bylaws in Surrey operate under the powers granted by the Province of British Columbia, principally through the Community Charter and related provincial statutes. The Community Charter sets out the general legal framework for municipal powers, bylaw making, and enforcement procedures; consult it for authority on remedies and court proceedings.^[3]

Penalties & Enforcement

Severability clauses do not create penalties; they address what happens if part of a bylaw is found invalid. Enforcement, penalties, and procedures are set out elsewhere in each bylaw and by bylaw enforcement policies. Where a bylaw lacks a specific penalty section, enforcement follows the City's enforcement practices and provincial law.

Fines: amounts vary by bylaw; specific fines are set in each City of Surrey bylaw or ticket schedule and are not specified on the cited general pages.^[1]
Escalation: information on first, repeat, or continuing offences is determined by the bylaw or enforcement policy and is not specified on the cited general pages.^[2]
Non-monetary sanctions: orders to remedy, compliance notices, abatement, seizure, or prosecution may be available depending on the bylaw text and statutory authority.
Enforcer and complaints: By-law Enforcement handles investigations, inspections, and complaints for municipal bylaws; contact the City of Surrey Bylaw Enforcement office for case-specific guidance.^[2]
Appeals and review: appeal routes and statutory time limits depend on the bylaw and the Community Charter or other provincial statutes; specific appeal periods are not specified on the cited general pages.^[3]

Severability preserves enforceable parts of a bylaw but does not change penalties set elsewhere.

Applications & Forms

There is typically no application or form specific to a severability clause. For enforcement actions, permits, variances, or appeals you may need forms published by the City of Surrey or provincial tribunals; the general bylaw listings do not publish a universal form for severability matters.^[1]

How courts treat severability

If a court or tribunal declares part of a bylaw invalid, a severability clause indicates the City's intent that the remainder should continue in force where possible. The practical outcome depends on whether the remaining provisions can operate independently and on provincial law controlling severance and statutory interpretation.^[3]

Practical action steps

Locate the bylaw PDF on the City of Surrey's bylaws page and search for "severability" or "interpretation".^[1]
If the bylaw language is unclear, contact Surrey By-law Enforcement or the City Clerk for clarification on wording and applicability.^[2]
If litigation or formal review is likely, consult the Community Charter and obtain legal advice on remedies and likely outcomes.^[3]

FAQ

What is a severability clause?: A severability clause states that if part of a bylaw is found invalid or unenforceable, the rest of the bylaw remains in force.
Where are severability clauses located in Surrey bylaws?: They are usually in an "Interpretation", "General", or final provisions section of the bylaw; search the bylaw PDF for "severability" or similar terms.
Can a severability clause save an invalid bylaw?: A severability clause can allow the valid parts to remain, but courts decide based on whether the remaining provisions stand independently and comply with provincial law.

How-To

Go to the City of Surrey bylaws index and identify the bylaw you need.^[1]
Open the consolidated PDF or bylaw text and use your viewer's search to find "severability", "savings" or "interpretation".
If wording remains unclear, contact By-law Enforcement or the City Clerk to ask where the clause appears and how it has been applied.^[2]
For legal effect or disputes, review the Community Charter and seek legal advice about severability outcomes.^[3]

Key Takeaways

Severability clauses are standard but located in different sections across bylaws.
Contact Surrey By-law Enforcement or the City Clerk for document-specific guidance.
Provincial law under the Community Charter frames enforcement and remedies.