Interpretation

1   (1) In this regulation:

"Act" means the Insurance (Vehicle) Act;

"actual cash value" means the average market price a purchaser would have paid for an insured vehicle or other insured property immediately before loss or damage occurs to the vehicle or other property;

"acupuncturist" means a person entitled to practise acupuncture under the Health Professions Act or a similar law of another jurisdiction;

"additional product certificate" means a certificate issued under section 149, 154.2 or 154.9;

"amphibious vehicle" means a vehicle that is designed or adapted for operation on both land and water;

"application", when used in respect of an application to the corporation relating to the plan, means an application in a form established by the corporation and signed by the applicant;

"bus" means

(a) a motor vehicle used

(i) at any time on a highway to carry passengers for compensation from an airport to limited predetermined points or from those points to an airport,

(ii) at any time on a highway exclusively for the conveyance of a person or group of persons to whom or for whose use the vehicle is chartered at a fixed price for the use of the whole vehicle,

(iii) to transport, without direct compensation, passengers who have a connection with the business activities of the owner or renter of the motor vehicle,

(iv) at any time on a highway over a regular route or between fixed terminating points and on a regular time schedule by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle, and available for use by the public, or

(v) as a school bus or special activity bus as defined in section 1 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, or

(b) a commercial motor vehicle owned or rented by a religious organization and used exclusively for the transportation of passengers for purposes related to the religious activities of the organization;

"camper" means a removable structure designed to be mounted on a motor vehicle to provide facilities for human habitation or camping;

"chiropractor" means a person entitled to practise chiropractic under the Health Professions Act or a similar law of another jurisdiction;

"combination of vehicles" means every combination of a motor vehicle with another vehicle;

"commercial motor vehicle" means a motor vehicle that is registered and licensed as a commercial vehicle under the Commercial Transport Act or Motor Vehicle Act;

"commercial use" means use of a vehicle for the delivery or carriage of goods;

"commission" means the British Columbia Utilities Commission continued under section 2 of the Utilities Commission Act;

"counsellor" means a person

(a) who is a member in good standing of an association whose members provide the health care services of clinical or counselling psychology,

(b) who holds a master's degree or doctorate in psychology, psychiatry, social work or clinical or counselling psychology, and

(c) whose health care services of clinical or counselling psychology are overseen by a person who is a member of a health profession as defined in the Health Professions Act or a similar law of another jurisdiction;

"courtesy car" means a licensed vehicle rented or lent to a customer by a garage service operator as a temporary substitute for a licensed vehicle

(a) the customer has entrusted to the care, custody or control of a garage service operator for repair or servicing, or

(b) the garage service operator has taken from the customer as payment or part payment for the purchase of another motor vehicle that is to be delivered to the customer;

"cycle" means a cycle as defined in Part 3 of the Motor Vehicle Act;

"dealer" means a dealer as defined in the Motor Vehicle Act;

"declared value" means the value declared by the owner of a vehicle to the corporation in a declaration of value;

"dentist" means a person entitled to practise dentistry under the Health Professions Act or a similar law of another jurisdiction;

"excluded vehicle" means excluded vehicle as defined in section 113 of the Act;

"garage service operator" means the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairer, auto body shop repairer, wrecker operator and the operator of a vehicle parking or storage facility;

"gross vehicle weight" means gross vehicle weight as defined in the Commercial Transport Act;

"household" means every person ordinarily residing in the same dwelling unit;

"implement of husbandry" means an implement of husbandry as defined in the Motor Vehicle Act but does not include a farm tractor;

"kinesiologist" means a person

(a) who is a member in good standing of an association whose members provide the health care services of kinesiology, and

(b) whose health care services of kinesiology are overseen by a person who is a member of a health profession as defined in the Health Professions Act or a similar law of another jurisdiction;

"leased vehicle" means a vehicle rented under a written agreement for a period of not less than one month;

"lien holder" means a secured party under the Personal Property Security Act, a garage keeper under the Repairers Lien Act or any other person claiming an interest in a vehicle if the person has registered a financing statement in the personal property registry;

"limousine use" means use of a motor vehicle for rental or hire with driver on an hourly basis but does not include a rental or hiring with driver of less than one hour;

"massage therapist" means a person entitled to practise massage therapy under the Health Professions Act or a similar law of another jurisdiction;

"Memorial Grant Program for First Responders" means the Memorial Grant Program for First Responders established by the government of Canada;

"motorcycle" means a motorcycle as defined in the Motor Vehicle Act;

"non-standard motor vehicle" means non-standard motor vehicle as defined in section 113 of the Act;

"number plate" means number plate as defined in the Motor Vehicle Act;

"occupational therapist" means a person entitled to practise occupational therapy under the Health Professions Act or a similar law of another jurisdiction;

"occurrence" means a single happening or a series of happenings arising from a single event;

"passenger directed vehicle" has the same meaning as in section 1 of the Passenger Transportation Act;

"passenger directed vehicle authorization" has the same meaning as in section 1 of the Passenger Transportation Act;

"physician" means the following:

(a) a medical practitioner;

(b) a person who is authorized, by a body in a jurisdiction outside British Columbia that regulates the practice of medicine in that other jurisdiction, to practise medicine;

"physiotherapist" means a person entitled to practise physical therapy under the Health Professions Act or a similar law of another jurisdiction;

"premium-related debt" means one or more of the following:

(a) the interest that has accrued on an unpaid premium under section 15.71;

(b) a service charge imposed by the corporation

(i) under section 15.8, or

(ii) for a declaration of entitlement for a new certificate;

(c) a default paid by the corporation in accordance with section 58.1 (3);

(d) interest, charges or fees imposed by the corporation for financial assistance given by it in respect of all or part of the premium, or licensing or registration fees;

"psychologist" means a person entitled to practise psychology under the Health Professions Act or a similar law of another jurisdiction;

"snow vehicle" means a snow vehicle as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"snowmobile" means a snowmobile as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"spouse" means a person who is married to another person or who is living in a marriage-like relationship with that other person for at least 2 years immediately preceding the date on which the right to claim benefits or insurance money arose;

"taxi" means a vehicle, other than a bus or a TNS-only vehicle, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the vehicle, and that is available for hire, with driver, by the trip;

"territory" means, in relation to the plan, a region of British Columbia established by the corporation under section 34 (2) (a) of the Act;

"TNS vehicle" means either of the following:

(a) a TNS-only vehicle;

(b) a motor vehicle, other than a taxi with an owner's certificate that has an effective date on or before April 30, 2020, operated as a passenger directed vehicle under a passenger directed vehicle authorization and a transportation network services authorization;

"TNS-only vehicle" means a motor vehicle operated as a passenger directed vehicle under a transportation network services authorization only;

"transportation network services authorization" has the same meaning as in section 1 of the Passenger Transportation Act;

"U-drive" means a vehicle available for hire or rental, without driver, by the hour or otherwise, for a period of less than one month, but does not include a courtesy car;

"vehicle rate class" means, in relation to the plan, a class or subclass of vehicles established by the corporation under section 34 (1) of the Act;

"vessel" means a ship, barge, boat or other description of vessel used or designed to be used in navigation but does not include a rowboat or a raft, logboom or other similar floating facility.

(2) In the Act and this regulation, "motor vehicle" includes

(a) a farm tractor, and

(b) an implement of husbandry that is operated on a highway and is deemed under section 2 (6) of the Motor Vehicle Act to be registered and licensed under that Act.

(2.1) For the purposes of the definition of "health care practitioner" in section 1 (1) of the Act,

(a) the following classes of persons are prescribed with respect to paragraph (c) of that definition:

(i) acupuncturist;

(ii) chiropractor;

(iii) dentist;

(iv) massage therapist;

(v) occupational therapist;

(vi) physiotherapist;

(vii) psychologist, and

(b) the following classes of persons are prescribed with respect to paragraph (d) of that definition:

(i) counsellor;

(ii) kinesiologist;

(iii) a person who is authorized, by a body in a jurisdiction outside British Columbia that regulates the practice of medicine in that other jurisdiction to practice medicine.

(3) In this regulation a reference to a certificate, policy, endorsement, permit or licence is a reference to a valid and subsisting certificate, policy, endorsement, permit or licence.

[am. B.C. Regs. 335/84, s. 1; 379/85, s. 1; 257/86, s. 1; 294/87, s. 1; 408/87, s. 1; 449/88, s. 1; 383/89, s. 1; 448/90, s. 1; 323/91, s. (a); 324/91, s. 1; 319/92, s. 1; 438/92, s. 1; 490/95, s. 1; 491/95, s. 1; 328/97, s. 1; 246/98, s. 1; 441/98, s. 1; 404/99, s. 1; 292/2000, Sch. A, s. 1; 292/2000, Sch. B, s. 1; 263/2001, s. 1; 308/2002, s. 1; 309/2002, s. 1; 33/2005, s. 1; 166/2006, Sch. s. 2; 341/2007, ss. 1 and 2; 385/2012, s. 1; 126/2014, App. 2, s. 1; 234/2018, App. 2, ss. 1 and 2, as am. by B.C. Reg. 60/2019, App. 2, s. 1; 173/2018, s. 1; 161/2019, s. 1; 47/2020, Sch. 1, s. 1; 62/2021, App. 4, ss. 1 and 2; 117/2021, App. 6, s. 1.]

Universal compulsory vehicle insurance

1.1   The plan provides insurance coverage as follows:

(a) coverage under Parts 10 and 11 of the Act and Parts 6, 7 and 10 of this regulation;

(b) in the case of a garage vehicle certificate, coverage to a garage service operator for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator.

[en. B.C. Reg. 166/2006, Sch. s. 3, as am. by B.C. Reg. 46/2007, Sch. 1, s. 1; am. B.C. Reg. 62/2021, App. 4, s. 3.]

Application

2   (1) Unless otherwise provided in an additional product certificate or in Parts 10 or 11 of the Act, the Act and this regulation do not apply in respect of

(a) a vehicle licensed under section 9 of the Motor Vehicle Act while the vehicle is being operated off a highway,

(b) a vehicle exempted under section 1.01 or 1.02 of the Act whether or not the vehicle is

(i) in combination with an insured vehicle, or

(ii) operated by a person named in a driver's certificate,

(c) a trailer while being drawn otherwise than by vehicle power or human power,

(d) a vehicle being operated by remote control without a driver in the vehicle,

(e) an aircraft except when the aircraft is being drawn as a trailer on a highway,

(f) a vehicle being used in a contest, show or race, or in advanced or performance driver training, if

(i) the activity is held or conducted on a track or other location temporarily or permanently closed to all other vehicle traffic, and

(ii) there exists an element of race or speed test,

(g) an amphibious vehicle when being used in or upon water, when docked or floating in water, or when being launched into or landed from water, or

(h) a vehicle that is fitted with wheels of the crawler type, including track conversion kits, rubber track conversion systems and rubber tracked crawlers, while the vehicle is being operated off a highway, except if that vehicle is

(i) licensed under section 10 of the Motor Vehicle Act, or

(ii) a snowmobile or a snow vehicle.

(2) In subsection (1) (f), "element of race or speed test" means driving at high speed, and includes passing maneuvers, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking.

[am. B.C. Regs. 335/84, s. 2; 379/85, s. 2; 408/87, s. 2; 324/91, s. 2; 438/92, s. 2; 380/2000, s. 1; 263/2001, s. 2; 298/2002, s. 1; 166/2006, Sch. s. 4; 126/2014, App. 2, s. 2; 62/2021, App. 4, s. 4.]

Repealed

2.1   Repealed. [B.C. Reg. 166/2006, Sch. s. 5.]

Employment information

2.2   For the purposes of section 29 (b) of the Act, the following information is prescribed:

(a) details of the person's job, including the following:

(i) the job title;

(ii) the job description, including a description of the duties and responsibilities of the job;

(iii) a description of the physical and mental demands of the job;

(iv) the hours of work;

(v) if the person worked shifts, information about the shift;

(vi) the person's working conditions;

(b) the requirements or qualifications required for the person's job, including certifications, education, skills, professional licences, specialized knowledge and work experience;

(c) information about the person's work history, including the following:

(i) the start date in each job with the employer;

(ii) the last day worked in each job with the employer;

(iii) whether the accident occurred in the course of the person's employment;

(d) whether the employer was planning to promote, or change the person's job duties, before the date of the accident;

(e) information about how the accident has affected the person's employment, including how much time the person has been off work due to the accident;

(f) information about the person's return-to-work plan, including the following:

(i) information about the plan for the return to the person's job, including the following:

(A) the timeline for the return to work;

(B) a description of modified duties;

(C) a description of the person's modified work schedule;

(D) a description of the person's modified working conditions;

(ii) information about workplace barriers that might have a negative impact on the return-to-work plan and may result in the need to provide accommodation for the person;

(iii) information about support systems to support the person's return-to-work plan;

(iv) updates on how the person is progressing in the return-to-work plan;

(g) information about the person's eligibility for remuneration, including the following information:

(i) information about other compensation, within the meaning of section 122 of the Act, the person may be entitled to, or is receiving, including the following:

(A) benefits under the Workers Compensation Act;

(B) paid sick leave;

(C) short-term and long-term disability benefits;

(D) extended health benefits;

(ii) the value of the personal use of a vehicle provided by the employer before the date of the accident;

(iii) the cash value of a profit-sharing plan at the person's employment of which the person is a member;

(iv) the value of the employer's contribution to the person's pension plan lost because of the accident;

(v) the cash value of any other benefit that the person received, or was entitled to receive, in the 52 weeks before the date of the accident;

(vi) information about any additional remuneration provided by the employer;

(h) the person's record of employment within the meaning of section 19 of the Employment Insurance Regulations under the Employment Insurance Act (Canada).

[en. B.C. Reg. 62/2021, App. 4, s. 5; am. B.C. Reg. 117/2021, App. 6, s. 2.]