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| B.C. Reg. 447/83 O.C. 1897/83 | Deposited December 1, 1983 effective January 1, 1984 |
[Last amended March 4, 2025 by B.C. Reg. 34/2025]
Part 5 — Conditions of Certificate
52 Where an owner of a vehicle described in an owner's certificate
(a) acquires, during the term of the owner's certificate, another vehicle in substitution for the described vehicle,
(b) transfers title to or interest in the described vehicle, and
(c) removes the number plates from the described vehicle, in accordance with section 3.05 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, and displays them on the substitute vehicle,
the coverage evidenced by the owner's certificate applies in respect of the substitute vehicle for a period of 10 days from the day the owner acquires the substitute vehicle.
[am. B.C. Regs. 335/84, s. 14; 166/2006, Sch., s. 40.]
53 (1) An owner's certificate issued to an applicant who has complied with section 8 evidences coverage under Parts 6 and 7 and Division 1 of Part 10 for
(a) a sublessee of the lessee named in the owner's certificate, and the sublessee's household,
(b) the driver assigned by the sublessee to operate the leased vehicle and that driver's household, and
(c) every person operating the vehicle with the sublessee's consent.
(2) Repealed. [B.C. Reg. 116/2024, App. 3, s. 10 (d).]
[am. B.C. Regs. 438/92, s. 6; 452/2003, s. 2; 166/2006, Sch., s. 41; 341/2007, ss. 3 and 6; 116/2024, App. 3, s. 10.]
54 If a person acting under the authority of a lien holder takes possession of a vehicle under the lien holder's right of repossession, the coverage in force in respect of the vehicle at the time it was repossessed is extended to and continues in force for the benefit of that person, the lien holder, the owner and the lessee named in the owner's certificate, if the person acting under the authority of the lien holder
(a) moves the vehicle immediately and as directly as reasonably possible to the nearest safe place of storage, and
(b) at the place of storage immediately removes the number plates from the vehicle and delivers them to the corporation or to the owner or, in the case of a leased vehicle, to the lessee.
[am. B.C. Regs. 312/96, s. 1; 62/2021, App. 4, s. 9; 116/2024, App. 3, s. 11.]
55 (1) In this section, "insured" means an insured as defined in section 42, 63, 65, 78 or 148.1 (1) and includes an insured under an additional product certificate or a fleet reporting certificate issued under section 168.
(1.1) The corporation is not liable to an insured who breaches a condition of this section or is deemed under subsection (7.1) or (8) to have breached a condition of section 49 and Part 6.
(2) An insured must not operate a vehicle for which coverage is provided under section 49 or Part 6 contrary to the statements contained in the application for insurance for the vehicle, including, but not limited to
(a) the use declared in the application for insurance for the vehicle,
(b) a statement relating to the time during which, and the territories in which, the vehicle may be operated, and
(c) a statement relating to the kind of goods or number of passengers that may be carried in or on the vehicle.
(2.1) Repealed. [B.C. Reg. 166/2006, Sch., s. 43 (c).]
(3) An insured must not operate a vehicle for which coverage is provided under section 49 or 49.3 (1) (a) and (c), Part 6 or 7, or Division 2 of Part 10
(a) if the insured is not authorized and not qualified by law to operate the vehicle,
(b) for an illicit or prohibited trade or transportation,
(c) to escape or avoid arrest or other similar police action, or
(3.1) An insured does not breach a condition of subsection (3) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on the insured's driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations.
(4) An insured must not operate a motor vehicle for which coverage is provided under section 49 or Part 6 if there is attached to the motor vehicle a trailer that is required to be registered and licensed under the Motor Vehicle Act or Commercial Transport Act and is not so registered and licensed.
(5) An insured named in a certificate or additional product certificate must not permit the vehicle described in the certificate or additional product certificate to be operated by a person or for a purpose that breaches a condition of this section or Part 6.
(5.1) An insured must not operate a vehicle, in circumstances in which coverage under Part 6 is provided by a blanket certificate, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in
(a) a breach of a condition of the blanket certificate,
(b) the invalidity of a claim under the blanket certificate, or
(c) the forfeiture of a right under the blanket certificate.
(5.2) An insured named in an owner's certificate issued in respect of a vehicle must not permit the vehicle to be operated, in circumstances in which coverage under Part 6 is provided by a blanket certificate, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in a breach, the invalidity of a claim or the forfeiture of a right referred to subsection (5.1).
(6) Repealed. [B.C. Reg. 166/2006, Sch., s. 43 (c).]
(7) Use of a vehicle does not contravene subsection (2) if the premium paid for the vehicle rate class applicable to the use set out in the application for insurance is greater than or equal to the premium established by the corporation for the vehicle rate class applicable to the use to which the vehicle is put.
(7.1) An insured is deemed to have breached a condition of section 49 and Part 6 if the injury, death, loss or damage in respect of which the insured's claim is made is caused by or results from an intentional act of violence committed by the insured by means of a vehicle unless the insured is a mentally disordered person at the time of the act.
(8) An insured is deemed to have breached a condition of section 49 and Part 6 if
(a) the insured is operating a vehicle while the insured is under the influence of intoxicating liquor or a drug or other intoxicating substance to such an extent that the insured is incapable of proper control of the vehicle,
(b) the insured is convicted of
(i) a motor vehicle related Criminal Code offence,
(ii) an offence under section 95 or 102 of the Motor Vehicle Act, or
(iii) an offence under a provision of the law of another jurisdiction in Canada or a jurisdiction of the United States of America that is similar to a provision referred to in subparagraph (i) or (ii), or
(c) the insured is convicted of an offence committed before December 18, 2018
(i) under section 253 (1) (b) of the Criminal Code, or
(ii) Repealed. [B.C. Reg. 62/2021, App. 4, s. 11 (c).]
(iii) under a provision of the law of a jurisdiction of the United States of America that is similar to a provision referred to in subparagraph (i),
and the accident in respect of which the insured's claim is made occurred during the insured's commission of the offence and while the insured was operating a vehicle.
(d) Repealed. [B.C. Reg. 62/2021, App. 4, s. 11 (f).]
"convicted" includes being
(a) found guilty under the Youth Criminal Justice Act (Canada) of contravening
(i) a provision referred to in the definition of "motor vehicle related Criminal Code offence", or
(ii) in the case of a contravention occurring before December 18, 2018, a provision referred to in subsection (8) (c) (i), and
(b) convicted or subject to a similar result in a jurisdiction of the United States of America under a law similar to the Youth Criminal Justice Act (Canada) for contravening a provision of the law of that jurisdiction referred to in subsection (8) (b) (iii) or (c) (iii);
means any of the following offences that an insured commits while operating or having care or control of a vehicle or by means of a vehicle:
(a) an offence under section 220 or 221 of the Criminal Code;
(b) an offence committed before December 18, 2018 under any of the following provisions of the Criminal Code:
(c) an offence committed on or after December 18, 2018 under any of the following provisions of the Criminal Code:
(viii) section 320.14 (1) (b);
[am. B.C. Regs. 335/84, s. 15; 379/85, ss. 26 and 27; 257/86, s. 16; 408/87, s. 17; 449/88, s. 8; 383/89, s. 9; 70/90; 448/90, s. 10; 324/91, s. 16; 491/95, s. 10; 347/96, s. 1; 257/98; 441/98, s. 6; 380/2000, s. 2; 263/2001, s. 5; 309/2002, ss. 3 and 4; 354/2003, s. (a); 166/2006, Sch., s. 43; 3/2010, s. (a); 126/2014, App. 2, s. 7; 253/2018, s. 1; 161/2019, s. 3; 62/2021, App. 4, ss. 10 to 12; 117/2021, App. 6, s. 6; 304/2021, s. (b); 114/2024, App. 1, s. 4.]
56 (1) The corporation is not liable
(a) under Part 4, 6, 7 or 10 in respect of injury, death, loss or damage arising, directly or indirectly, out of radioactive, toxic, explosive or other hazardous properties of nuclear substances within the meaning of the Nuclear Safety and Control Act (Canada),
(b) under section 20 or 24 of the Act or section 49.3, Part 7 or Part 10 in respect of injury, death, loss or damage arising, directly or indirectly out of a declared or undeclared war or insurrection, rebellion or revolution, or
(c) under section 20 or 24 of the Act or section 49, 49.3 (1) (b), Part 6 or Part 10 in respect of punitive or exemplary damages or other similar non-compensatory damages.
(2) Subsection (1) (a) does not apply to the carriage of radioisotopes that are
(a) packaged and labelled in accordance with the Transportation of Dangerous Goods Act (Canada), and
(b) to be used for medical treatment, research, photography, x-ray or other similar purposes using radioisotopes.
[am. B.C. Regs. 335/84, s. 16; 257/86, s. 17; 449/88, s. 9; 383/89, s. 10; 324/91, s. 17; 491/95, s. 10; 347/96, s. 2; 263/2001, s. 6; 298/2002, s. 2; 166/2006, Sch., s. 44; 62/2021, App. 4, s. 13.]
56.1 A reference in this Part to Part 6, 7 or 10 of this regulation or Part 10 or 11 of the Act includes coverage under those Parts that is evidenced by an additional product certificate or by a fleet reporting certificate issued under section 168 of this regulation.
[en. B.C. Reg. 62/2021, App. 4, s. 14.]
57 (1) If a vehicle that is owned or leased as a leased vehicle by a customer of a garage service operator is in the care, custody or control of the garage service operator or an employee of the garage service operator for a purpose relating to the business of a garage service, no coverage is provided under Part 6 or 7 of this regulation or Part 10 or 11 of the Act to the garage service operator or the employee under the owner's certificate issued in respect of the customer's vehicle.
(2) This section does not operate to exclude
(a) a garage service operator or an employee of the garage service operator from coverage under an owner's certificate issued in respect of a vehicle that
(i) the garage service operator or employee owns or leases as a leased vehicle, and
(ii) is in the care, custody or control of the garage service operator or employee for a purpose relating to the business of the garage service operator, or
(b) a customer of a garage service operator from coverage under an owner's certificate issued to the customer, if the garage service operator
(i) is not insured, or is insufficiently insured, under a garage vehicle certificate, and
(ii) is liable for an accident for which the owner's certificate would, except for subsection (1), provide coverage.
[am. B.C. Regs. 449/88, s. 1; 441/98, s. 7; 166/2006, Sch., s. 24; 46/2007, Sch. 2, s. 16; 62/2021, App. 4, s. 15; 117/2021, App. 6, s. 7; 116/2024, App. 3, s. 12.]
59 (1) Where the corporation waives a condition of section 55 that is related to rating a vehicle to determine premium, it may as a condition of insurance require the insured in whose favour the waiver is exercised to pay an amount equal to the difference between the premium paid and the premium that would have been payable if the vehicle had been correctly rated.
(2) Repealed. [B.C. Reg. 166/2006, Sch., s. 48.]
[am. B.C. Reg. 166/2006, Sch., s. 48.]
60 Where the corporation considers that payment of a doubtful or disputed claim is in the interest of the corporation and of the better administration of the Act, the regulations or the plan, the corporation may authorize an ex gratia payment to be made.
61 (1) An owner or operator of an extraprovincial undertaking who elects to give proof of financial responsibility in respect of a vehicle under section 106 (2) (b) of the Motor Vehicle Act shall be deemed to have so elected in respect of every vehicle that is owned or leased as a leased vehicle by the extraprovincial undertaking.
(2) If the owner or operator of an extraprovincial undertaking obtains duplicate coverage by insuring a vehicle under an owner's certificate and under vehicle insurance issued by an insurer authorized for that purpose under the Financial Institutions Act or under a similar law of another jurisdiction, the coverage provided by that vehicle insurance is primary insurance and the owner's certificate continues to provide insurance
(a) in respect of third party liability insurance coverage only to the extent that the amount by which liability is limited under the owner's certificate exceeds the amount by which liability is limited under the vehicle insurance, and
(b) in respect of accident benefits coverage only to the extent that the benefits payable under the owner's certificate exceed the benefits payable under the vehicle insurance,
but any coverage under the owner's certificate except the coverages described in paragraphs (a) and (b) is void.
(3) Repealed. [B.C. Reg. 452/2003, s. 3.]
[am. B.C. Regs. 324/91, s. 19; 452/2003, s. 3; 166/2006, Sch., s. 49; 341/2007, s. 8; 116/2024, App. 3, s. 13.]
62.1 (1) This section applies to an accident occurring on or after May 1, 2021.
(2) If benefits are provided and evidenced by
(a) an owner's certificate issued in respect of a vehicle of which an individual who sustains bodily injury caused by a vehicle
(i) is an operator or occupant, or
(ii) is not an operator or occupant of a vehicle and is struck by
(B) something other than a vehicle because of the vehicle, and
(b) an owner's certificate issued in respect of a vehicle not involved in the accident,
the benefits described in paragraph (a) are primary and the benefits described in paragraph (b) are available only to the extent that the amount of those benefits exceeds the amount of the benefits described in paragraph (a).
(3) If benefits are provided and evidenced by more than one owner's certificate issued in respect of vehicles other than the vehicle involved in the accident, benefits are provided only under the owner's certificate that provides the greatest amount of benefits and if the amounts are equal, the corporation may determine which owner's certificate applies.
(4) If an insured is also insured under vehicle insurance that provides compensation similar to benefits under Part 10 of the Act or that provides similar benefits or insurance under similar legislation of another jurisdiction, then,
(a) if the accident occurs in British Columbia, the vehicle insurance issued in respect of a vehicle of which the insured is
(i) an operator or occupant, or
(ii) not an operator or occupant of a vehicle and is struck by
(B) something other than a vehicle because of the vehicle,
is primary, and benefits or compensation similar to benefits under Part 10 of the Act or similar benefits or insurance under similar legislation of another jurisdiction is available only to the extent that the amount that it provides exceeds the amount provided by the vehicle insurance issued in respect of the vehicle, or
(b) if the accident occurs outside British Columbia but otherwise within the area described in section 118 of the Act, the liability of the corporation for payment of benefits must be determined as if the provisions of the legislation of that jurisdiction respecting terms, conditions and priorities of vehicle insurance applied in respect of benefits.
[en. B.C. Reg. 117/2021, App. 6, s. 8.]
62.2 A certificate does not evidence coverage under Part 10 of the Act in relation to the following:
(a) a non-standard motor vehicle, if the accident does not occur on the portion of the highway on which the vehicle is authorized to be operated;
(b) a trailer that is not an excluded vehicle, if the accident occurs off-highway;
(c) an excluded vehicle, if the accident does not occur on the portion of the highway on which the vehicle is authorized to be operated.
[en. B.C. Reg. 117/2021, App. 6, s. 8.]
Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Schedules 1 to 10
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