| Copyright © King's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
| B.C. Reg. 447/83 O.C. 1897/83 | Deposited December 1, 1983 effective January 1, 1984 |
[Last amended September 1, 2022 by B.C. Reg. 147/2022]
Part 3 — Premiums for Universal Compulsory Vehicle Insurance
11 (1) Repealed. [B.C. Reg. 173/2018, s. 2.]
(1.1) This Part applies in respect of universal compulsory vehicle insurance.
(2) Repealed. [B.C. Reg. 166/2006, Sch. s. 12 (d).]
(3) The effective date of an owner's certificate issued in conjunction with a quarterly licence shall be deemed to be the first day of January, notwithstanding the actual first quarter date of issue of that licence or the date of issue of quarterly licences for the other quarters of the year.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 323/91, s. (b); 324/91, s. 5; 438/92, s. 4; 404/94, s. 2; 491/95, s. 2; 263/2001, s. 3; 308/2002, s. 2 (a); 166/2006, Sch. s. 12; 234/2018, App. 2, s. 8; 173/2018, s. 2.]
Division 2 — Premiums, Interest and Prior Debt
15.2 (1) Where the corporation is required to refund a premium and, through no fault of the person entitled to the refund, the corporation fails to pay the refund within 60 days after the day the refund was applied for, the corporation shall add to the amount of the refund interest for the period from the end of the 60 days to the date payment is made.
(2) Interest under this section shall be paid at the rate established by the corporation in the rate schedule in effect on the date of the refund.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 166/2006, Sch. s. 15.]
"COVID-19 pandemic" has the same meaning as in section 1 of the COVID-19 Related Measures Act;
"government directive" has the same meaning as in section 3 (4) of Special Direction IC2 to the British Columbia Utilities Commission, B.C. Reg. 307/2004;
"rebate" means a rebate referred to in an application by the corporation to the commission, in accordance with a government directive, for changes to rates in support of a rebate in connection with the COVID-19 pandemic.
(2) If the corporation is required to pay a rebate, the corporation is not required to make payment if the amount of the rebate is less than $1.
(3) The amount of any rebate must be rounded to the nearest dollar and an amount ending in $.50 must be rounded up to the next dollar.
(4) If the corporation is required to pay a rebate and fails to pay the rebate within 6 months after the effective date of changes to rates in support of the rebate under the government directive, the corporation must add to the amount of the rebate interest for the period from the end of the 6 months to the date payment is made.
(5) Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made.
[en. B.C. Reg. 51/2021, Sch. 1.]
15.22 (1) In this section, "rebate" means a rebate referred to in the corporation's application to the commission in accordance with the government directive dated November 30, 2020, for changes to rates, including a rebate, in connection with the Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020.
(2) If the corporation is required to pay a rebate, the corporation is not required to make payment if the amount of the rebate is less than $1.
(3) The amount of any rebate must be rounded to the nearest dollar and an amount ending in $.50 must be rounded up to the next dollar.
(4) If the corporation is required to pay a rebate and fails to pay the rebate by November 1, 2021, the corporation must add to the amount of the rebate interest for the period from November 1, 2021 to the date payment is made.
(5) Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made.
[en. B.C. Reg. 51/2021, Sch. 2.]
15.23 (1) In this section, "rebate" means a rebate referred to in the corporation's application to the commission in accordance with the government directive dated March 24, 2022, for changes to rates in support of a relief rebate.
(2) If the corporation is required to pay a rebate and fails to pay the rebate within 6 months after the effective date of changes to rates in support of the rebate under the government directive, the corporation must add to the amount of the rebate interest for the period from the end of the 6 months to the date payment is made.
(3) Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made.
[en. B.C. Reg. 71/2022.]
15.4 (1) Any premium payable or refundable in respect of an owner's certificate or an additional product certificate shall be added to any fees payable or refundable under the Motor Vehicle Act or Commercial Transport Act in respect of the vehicle described in the owner's certificate or additional product certificate, and, subject to subsection (2), the total shall be the amount payable by or refundable to the person named on the owner's certificate or additional product certificate, but no payment shall be required and no refund shall be made if the rounded total is less than $5.
(2) The amount of any premium, refund or discount shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 166/2006, Sch. s. 17; 126/2014, App. 2, s. 3.]
15.41 (1) The corporation may assess a premium against an applicant to whom an owner's certificate has been issued, in addition to any premium assessed for the certificate before it was issued, if
(a) the vehicle specified in the certificate is involved in an accident while the certificate is valid, and
(b) at the time of the accident, the driver of the vehicle is not named on the certificate as a driver of the vehicle.
(2) A premium may be assessed under subsection (1) whether or not the certificate is valid when the premium is assessed.
(3) A person against whom a premium is assessed under subsection (1) must pay the amount of the premium by the date specified by the corporation and the amount is a debt due and owing to the corporation on that date.
[en. B.C. Reg. 173/2018, s. 3.]
15.7 (1) In this section, "registrant" means a person registered as the owner of a vehicle, or a person renting a vehicle as a leased vehicle, as the consequence of a transfer or rental agreement that
(a) is not transacted at arm's length between the registrant and a prior registered owner, renter or person renting the vehicle to another person, and
(i) assisting the prior owner, renter or person renting the vehicle to another person to evade paying a debt due and owing to the corporation, or
(ii) permitting the prior owner, renter or person renting the vehicle to another person to continue to have the benefit or use of the vehicle without paying a debt due and owing to the corporation or without making an arrangement with the corporation for payment of the debt.
(2) If a registrant obtains an owner's certificate or an additional product certificate in respect of a vehicle referred to in subsection (1) without having paid all of the unpaid premium owing for, or premium related debt owing in respect of,
(a) the coverage afforded the prior registered owner, renter or person renting the vehicle to another person by an owner's certificate, or
(b) an additional product certificate issued to the prior registered owner, renter or person renting the vehicle to another person,
an amount equal to the total of the unpaid premium, plus any premium related debt, is a debt due and owing to the corporation by the registrant.
(3) If the registrant does not, within 30 days after the corporation has mailed to the registrant at the registrant's last address, according to the corporation's records, a written demand for payment of the debt referred to in subsection (2) together with a notice of any action the corporation intends to take under this section, pay the debt or make arrangements satisfactory to the corporation for payment of the debt, the corporation may do one or more of the following for so long as any part of the debt remains outstanding:
(a) recover the debt by action in a court of competent jurisdiction;
(b) refuse any further application for insurance by the registrant until the debt is paid;
(c) cancel the owner's certificate or additional product certificate and any other owner's certificate or additional product certificate issued in the registrant's name, whether or not
(i) the full premium was paid for the registrant's owner's certificate or additional product certificate or other owner's certificate or additional product certificate, and
(ii) the debt arises from an owner's certificate or additional product certificate issued for a preceding term;
(d) cancel a driver's certificate issued in the registrant's name;
(e) issue an additional product certificate or an owner's certificate to the registrant with a term of more than 90 days but less than one year.
[en. B.C. Reg. 328/97, s. 3; am. B.C. Regs. 166/2006, Sch. s. 18; 341/2007, s. 4; 126/2014, App. 2, s. 4; 173/2018, s. 4; 117/2021, App. 6, s. 3.]
15.71 Without limiting section 15.7 (3), the corporation may recover interest on unpaid premium and premium related debt.
[en. B.C. Reg. 328/97, s. 3; am. B.C. Reg. 166/2006, Sch. s. 19.]
15.72 For the purpose of section 41 of the Act, an arrangement mentioned in section 15.7 (3) of this regulation or a similar arrangement made under section 166 (1) (b) of this regulation does not constitute a default in payment of premium, but if any person defaults in respect of a term of the arrangement, section 15.7 (3) applies to the debt in relation to which the arrangement was made.
[en. B.C. Reg. 328/97, s. 3.]
15.73 The following are jointly and severally liable to the corporation to pay for premium or premium related debt owing to the corporation in respect of an owner's certificate or an additional product certificate:
(a) each registered owner of a vehicle for which the owner's certificate or additional product certificate is issued;
(b) each registered owner and each renter of a leased vehicle for which the owner's certificate or additional product certificate is issued, regardless of whether the registered owner or the renter paid for the insurance.
[en. B.C. Reg. 166/2006, Sch. s. 20; am. B.C. Regs. 341/2007, s. 3; 126/2014, App. 2, s. 5.]
15.8 (1) The corporation may recover a service charge from a person who makes a payment to it by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment, whether in person or through another savings institution.
(2) For the purposes of subsection (1), the production of a cheque, bill of exchange or order to pay on which is marked "pursuant to clearing rules, this item must not be cleared again unless certified", or other words importing that payment was not made by the savings institution, is evidence that payment was not made.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 166/2006, Sch. s. 21.]
15.9 The corporation may set the amount of the charge payable to the corporation for the issue of the classes of certificates respecting coverage for the types of high-value vehicles designated by the corporation for this purpose.
[en. B.C. Reg. 289/2016; am. B.C. Reg. 173/2018, s. 5.]
15.91 (1) Subject to subsection (2), if a taxi is insured but not as part of a fleet under Part 12, the corporation and the owner or renter of the taxi may enter into an agreement, effective May 1, 2020, to adjust the amount of the premium for the certificate to insure the taxi based on the following factors:
(a) the distance over which the taxi is operated between May 1, 2020 and the expiry of the certificate;
(b) where the taxi is operated between May 1, 2020 and the expiry of the certificate.
(2) The corporation may enter into an agreement referred to in subsection (1) if
(a) the certificate to insure the taxi is either of the following:
(i) a certificate issued as a result of the approval of an application made under section 3;
(ii) an interim owner's certificate issued under section 4,
(b) the certificate has an effective date
(i) on or after April 30, 2019, and
(ii) on or before April 30, 2020, and
(c) the certificate is valid on May 1, 2020.
[en. B.C. Reg. 47/2020, Sch. 1, s. 2.]
Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Schedules 1 to 10
Copyright © King's Printer, Victoria, British Columbia, Canada