Compulsory additional products

149   (1) Subject to section 15.7 and subsection (1.1) of this section, the corporation must, on application and payment of the applicable premium, issue the following additional product certificates, each in the form established by the corporation:

(a) unlicensed farm tractor certificate (APV-49);

(b) special agreement vehicle licence and certificate (APV-116A);

(c) manufacturer's licence and certificate (APV-31);

(d) trailer floater licence and certificate (APV-33);

(e) and (f) Repealed. [B.C. Reg. 324/91, s. 36.]

(g) owner's certificate for highway crossing permit (APV-37);

(h) combined non-resident commercial vehicle permit and certificate (APV-96);

(i) Repealed. [B.C. Reg. 33/2005, s. 5.]

(j) vintage motor vehicle certificate (APV-44);

(k) garage vehicle certificate (APV-4);

(l) combined certificate of registration of a non-resident motor vehicle and certificate (APV-97);

(m) binder for owner's interim certificate (APV-38);

(n) temporary operation permit and owner's certificate (APV-16);

(o) collector multi-vehicle certificate (APV-317);

(p) transporter's licence and certificate (APV-32);

(q) demonstration licence and certificate (APV-50);

(r) repairer's licence and certificate (APV-53);

(s) Repealed. [B.C. Reg. 126/2014, App. 1, s. 2 (d).]

(t) manuscript certificate (APV-284);

(u) non-fleet taxi certificate (APV-434).

(1.1) An additional product certificate referred to in subsection (1) (p), (q) or (r) may be issued only to

(a) a garage service operator who holds a garage vehicle certificate (APV-4), or

(b) a person referred to in section 106 (2) of the Motor Vehicle Act who gives the corporation proof of financial responsibility in accordance with section 106 (2) (b) of that Act.

(2) Subject to subsections (3) to (9), an additional product certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act while a vehicle covered by the certificate is being operated in accordance with the terms set out in the additional product certificate.

(3) An implement of husbandry that is operated on a highway as a motor vehicle must be insured under an unlicensed farm tractor certificate providing coverage under Parts 6 and 7 and Division 2 of Part 10 of this regulation and Parts 10 and 11 of the Act.

(4) An additional product certificate issued under subsection (1) (b) does not include coverage under Division 1 of Part 10 of this regulation.

(5) An additional product certificate issued under subsection (1) (g) or (h) does not include coverage under Part 10 of this regulation.

(6) An additional product certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (a) evidences coverage under Part 6 that is limited to the amount specified in section 1 (2) (c) of Schedule 3 of this regulation and under Part 11 of the Act but does not include coverage under Part 7 or 10 of this regulation or Part 10 of the Act.

(7) An additional product certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (b) does not evidence coverage under Part 6, 7 or 10 of this regulation or Part 10 or 11 of the Act.

(8) An additional product certificate issued under subsection (1) (t) evidences coverage under Parts 6, 7 and 10 of this regulation or Part 10 or 11 of the Act only to the extent provided under the terms of the certificate.

(9) An additional product certificate issued under subsection (1) (u) does not include coverage under Division 2 of Part 10 of this regulation.

[am. B.C. Regs. 408/87, s. 33; 449/88, s. 29; 383/89, s. 27; 324/91, s. 36; 33/2005, s. 5; 166/2006, Sch. s. 77, as am. by B.C. Reg. 46/2007, Sch. 1, s. 7; 126/2014, App. 1, s. 2 and App. 2, s. 10; 161/2019, s. 8; 47/2020, Sch. 1, s. 3; 62/2021, App. 4, s. 36; 117/2021, App. 6, s. 23.]

Compulsory coverages provided by garage vehicle certificates

150   (1) In this section:

"collision coverage" means coverage for loss or damage caused by upset of a vehicle or collision of a vehicle with another object, including, but not limited to,

(a) the surface of the ground, the roadway being travelled on or an object on, in, under, over or adjacent to the roadway, including a road sign, guard rail, pier, bridge or culvert or any body of water or waterway under or adjacent to the pier, bridge, culvert or roadway,

(b) a pedestrian as defined in section 1 of the Motor Vehicle Act,

(c) a vehicle attached to the vehicle, and

(d) cargo, including animals, carried in or on

(i) a commercial motor vehicle the gross vehicle weight of which exceeds 5 000 kg, or

(ii) a commercial trailer,

and includes coverage for loss or damage caused by collision with another object if the collision results from the presence on or adjacent to the roadway of a domestic or wild animal, either living or dead, but there is no impact with the animal;

"comprehensive coverage" means coverage for loss or damage other than loss or damage to which collision coverage applies and includes coverage for loss or damage caused by missiles, falling or flying objects, lightning, fire, theft or attempted theft, earthquake, windstorm, hail, rising water, malicious mischief, riot or civil commotion or the stranding, sinking, burning, derailment, upset or collision of a conveyance in or on which a vehicle is being transported on land or water, vandalism and impact with a domestic or wild animal, either living or dead;

"specified perils coverage" means coverage for loss or damage caused by falling or forced landing of an aircraft or part of an aircraft, fire, lightning, theft or attempted theft, explosion, earthquake, windstorm, hail, rising water, riot or civil commotion or the stranding, sinking, burning, derailment, upset or collision of a conveyance in or on which a vehicle is being transported on land or water.

(2) Subject to subsections (3), (4), (5) and (6), in addition to coverage specified in section 149 (2), a garage vehicle certificate provides to a garage service operator

(a) collision coverage, and

(b) comprehensive or specified perils coverage

that provide indemnity for liability of the garage service operator for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator or an employee of the garage service operator in accordance with the terms of the certificate.

(2.1) Subject to subsections (3), (4), (5) and (6), in addition to coverage specified in section 149 (2) and subsection (2) of this section, a garage vehicle certificate provides, to the extent the garage service operator would be liable for the loss or damage but for section 172 or 173 of the Act, the following for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator or of an employee of the garage service operator in accordance with the terms of the certificate:

(a) collision coverage;

(b) comprehensive coverage or specified perils coverage.

(3) A garage service operator must purchase collision coverage with a deductible amount of not more than $1 000.

(4) The minimum amount of comprehensive or specified perils coverage that must be purchased by a garage service operator is an amount equal to the total maximum value of all customers' vehicles that may, at any one time, be in the care, custody or control of the garage service operator at all locations described in the garage vehicle certificate.

(5) If, at the time of a claim, the amount of comprehensive or specified perils coverage purchased by a garage service operator is less than 90% of the amount of comprehensive or specified perils coverage that is required to be purchased under subsection (4), the garage service operator is a co-insurer with the corporation for any loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator.

(6) If a garage service operator is a co-insurer under subsection (4), the amount of the co-insured portion of the loss or damage for which indemnity is provided by the corporation must be determined by the following formula:

A.C. T.V.C.V.

× loss − deductible = claim

(7) A garage service operator who holds a garage vehicle certificate must, on application for transporter, demonstration or repairer's number plates or for renewal, replacement, change or substitution of those number plates and the corresponding insurance,

(a) produce for inspection by the corporation the garage vehicle certificate issued to the garage service operator, and

(b) pay to the corporation the applicable premium.

[en. B.C. Reg. 166/2006, Sch. s. 78, as am. by B.C. Reg. 46/2007, Sch. 1, s. 8; am. B.C. Regs. 117/2021, App. 6, s. 24; 248/2023, App., s. 2 (b).]

Garage vehicle certificates are primary insurance

150.1   Indemnity provided by a garage vehicle certificate is primary insurance and any indemnity provided by an owner's certificate issued in respect of a vehicle in the care, custody or control of a garage service operator is available to the owner of the vehicle 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 garage vehicle certificate.

[en. B.C. Reg. 166/2006, Sch. s. 78, as am. by B.C. Reg. 46/2007, Sch. 1, s. 9.]

Coverage for unnamed owner

151   Insurance coverage evidenced by any of the following additional product certificates includes as an insured the owner of a vehicle insured under the additional product certificate:

(a) temporary operation permit and owner's certificate (APV-16);

(b) transporter's licence and certificate (APV-32);

(c) trailer floater licence and certificate (APV-33);

(d) demonstration licence and certificate (APV-50);

(e) repairer's licence and certificate (APV-53).

[en. B.C. Reg. 166/2006, Sch. s. 79; am. B.C. Reg. 126/2014, App. 2, s. 11.]

Repealed

152-153   Repealed. [B.C. Reg. 166/2006, Sch. s. 80.]

Repealed

154   Repealed. [B.C. Reg. 234/2018, App. 2, s. 22.]

Definitions for Divisions 2 and 3

154.1   In this Division and Division 3:

"another certificate" or "other certificate" means any certificate other than a blanket certificate;

"P2P blanket certificate" means a blanket certificate issued under section 154.9;

"TNS blanket certificate" means a blanket certificate issued under section 154.2;

"TNS licensee" means a person referred to in section 35.1 (2) (a) of the Act.

[en. B.C. Reg. 161/2019, s. 9.]

Issuance of TNS blanket certificate

154.2   On application and payment of the applicable premium, the corporation must issue a blanket certificate (APV-383), in the form established by the corporation, to a TNS licensee.

[en. B.C. Reg. 161/2019, s. 9.]

Coverage provided by TNS blanket certificate

154.3   (1) Subject to subsection (2), a TNS blanket certificate evidences coverage under Parts 6 and 7 of this regulation and Parts 10 and 11 of the Act when a vehicle covered by the TNS blanket certificate is being operated in accordance with the terms set out in that TNS blanket certificate.

(2) A TNS blanket certificate provides coverage only in respect of TNS vehicles.

[en. B.C. Reg. 161/2019, s. 9; am. B.C. Reg. 62/2021, App. 4, s. 37.]

When coverage provided by
TNS blanket certificate applies

154.4   Coverage provided by a TNS blanket certificate applies in respect of a TNS vehicle operated under a transportation network services authorization, instead of the coverage provided by another certificate, when

(a) the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and

(b) a person is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers.

[en. B.C. Reg. 48/2020, s. 4.]

Rules if 2 or more TNS blanket certificates would provide coverage

154.5   (1) If a TNS vehicle is being operated for the purposes of

(a) transporting or dropping off one or more passengers

(i) who are occupants of the vehicle, and

(ii) who hailed the vehicle through the use of online platforms provided by one or more TNS licensees, and

(b) picking up one or more other passengers

(i) who are not occupants of the vehicle, and

(ii) who hailed the vehicle through the use of online platforms provided by one or more other TNS licensees,

coverage is provided only by the TNS blanket certificates held by the TNS licensees referred to in paragraph (a) (ii).

(2) If a TNS vehicle is being operated for the purposes of picking up 2 or more passengers who hailed the vehicle through the use of online platforms provided by 2 or more TNS licensees and there are no passengers who are occupants of the vehicle, coverage is provided by the TNS blanket certificates held by those TNS licensees.

(3) If 2 or more TNS blanket certificates provide coverage under subsection (1) or (2), the amount of coverage provided by each TNS blanket certificate is the amount obtained by dividing the coverage that would be provided if coverage were provided under only one TNS blanket certificate by the number of TNS blanket certificates providing coverage.

(4) If coverage in respect of a vehicle would be provided by a TNS blanket certificate and a P2P blanket certificate, coverage is provided only by the TNS blanket certificate.

[en. B.C. Reg. 161/2019, s. 9.]

TNS blanket certificate premium adjustment

154.6   At the beginning of a term of a TNS blanket certificate, the corporation may agree with the holder of the certificate to adjust, at the end of the term, the amount of premium payable for that term based on the total amount paid or payable by the corporation as a result of accidents that occurred during the term in respect of all vehicles insured under that certificate.

[en. B.C. Reg. 161/2019, s. 9.]

Definitions for Division 3

154.7   In this Division:

"owner", in relation to a vehicle rented through the use of an online platform provided by the holder of a P2P blanket certificate, means

(a) the person from whom the vehicle is rented through the use of the online platform, or

(b) a person acting on behalf or under the direction of the person referred to in paragraph (a);

"peer-to-peer service provider" means a person in the class of persons prescribed by section 154.8;

"renter", in relation to a vehicle rented through the use of an online platform provided by the holder of a P2P blanket certificate, means a person to whom the vehicle is rented through the use of the online platform;

"vehicle rental period", in relation to a vehicle rented through the use of an online platform provided by the holder of a P2P blanket certificate, and subject to section 154.92 (4) to (7), means the period agreed to by the owner and the renter during which the renter is to have possession of the vehicle.

[en. B.C. Reg. 161/2019, s. 9.]

Peer-to-peer service providers prescribed

154.8   For the purposes of section 35.1 (2) (b) of the Act, the prescribed class of persons is persons who provide services, through the use of an online platform, respecting the connection of owners of vehicles with persons who rent the vehicles, without a driver, for a period of less than one month.

[en. B.C. Reg. 161/2019, s. 9.]

Issuance of P2P blanket certificate

154.9   On application and payment of the applicable premium, the corporation must issue a blanket certificate (APV-383), in the form established by the corporation, to a peer-to-peer service provider.

[en. B.C. Reg. 161/2019, s. 9.]

Coverage provided by P2P blanket certificate

154.91   (1) Subject to subsection (2), a P2P blanket certificate evidences coverage under Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act when a vehicle covered by the P2P blanket certificate is being operated in accordance with the terms set out in that P2P blanket certificate.

(2) A P2P blanket certificate does not provide coverage in respect of any of the following:

(a) a vehicle owned by or leased to the person who holds the P2P blanket certificate;

(b) a bus, taxi or limousine use vehicle;

(c) a commercial motor vehicle that has a gross vehicle weight of more than 5 000 kg;

(d) a trailer used for commercial purposes that is required to be registered and licensed under the Commercial Transport Act;

(e) an all terrain vehicle, golf cart, snowmobile, utility vehicle or any other vehicle to which Division 24 of the Motor Vehicle Act Regulations applies.

[en. B.C. Reg. 161/2019, s. 9; am. B.C. Reg. 62/2021, App. 4, s. 38.]

When coverage provided by
P2P blanket certificate applies

154.92   (1) Subject to section 154.5 (4) and subsections (2) and (3) of this section, coverage provided by a P2P blanket certificate applies in respect of a vehicle, instead of the coverage provided by another certificate, during the vehicle rental period.

(2) If the owner of a vehicle has possession of the vehicle at any time during the vehicle rental period, coverage provided by a P2P blanket certificate does not apply during those times.

(3) Unless subsection (6) applies, if the renter of a vehicle cancels the vehicle rental or otherwise fails to take possession of the vehicle, coverage provided by a P2P blanket certificate does not apply.

(4) If the owner of a vehicle leaves the vehicle at a location where the renter has agreed to pick up the vehicle, the vehicle rental period is deemed to start at the later of

(a) 2 hours before the start of the vehicle rental period, and

(b) the time at which the owner leaves the vehicle at the location.

(5) If the renter of a vehicle leaves the vehicle at a location where the owner has agreed to pick up the vehicle, the vehicle rental period is deemed to end,

(a) in the case of a vehicle left at the location before or at the end of the vehicle rental period, at the earlier of

(i) 2 hours after the end of the vehicle rental period, and

(ii) the time at which the owner picks up the vehicle at the location, or

(b) in the case of a vehicle left at the location after the end of the vehicle rental period, at the earlier of

(i) 2 hours after the time at which the renter leaves the vehicle at the location, and

(ii) the time at which the owner picks up the vehicle at the location.

(6) If, after the owner of a vehicle leaves the vehicle at a location where the renter agreed to pick up the vehicle, the vehicle rental is cancelled or the renter otherwise fails to take possession of the vehicle, the vehicle rental period

(a) is deemed to start at the later of

(i) 2 hours before the start of the vehicle rental period, and

(ii) the time at which the owner leaves the vehicle at the location, and

(b) is deemed to end,

(i) in the case of a cancellation, at the earlier of

(A) 2 hours after the time at which the cancellation was made, and

(B) the time at which the owner picks up the vehicle at the location, or

(ii) in the case of a renter who otherwise fails to take possession of the vehicle, at the earlier of

(A) 2 hours after the end of the vehicle rental period, and

(B) the time at which the owner picks up the vehicle at the location.

(7) If a vehicle is stolen or left at a location that is not the location where the owner has agreed to pick up the vehicle, the vehicle rental period is deemed to end at the earlier of

(a) 24 hours after the time at which the owner becomes aware or reasonably ought to have become aware of the location where the vehicle has been left or recovered, and

(b) the time at which the owner picks up the vehicle.

[en. B.C. Reg. 161/2019, s. 9.]

Rules if 2 or more P2P blanket certificates
would provide coverage

154.93   If 2 or more P2P blanket certificates would provide coverage in respect of a vehicle, coverage is provided only by the P2P blanket certificate that provides coverage at the earliest time for which coverage is provided by any of those P2P blanket certificates.

[en. B.C. Reg. 161/2019, s. 9.]

P2P blanket certificate premium adjustment

154.94   At the beginning of a term of a P2P blanket certificate, the corporation may agree with the holder of the certificate to adjust, at the end of the term, the amount of premium payable for that term based on the total amount paid or payable by the corporation as a result of accidents that occurred during the term in respect of all vehicles insured under that certificate.

[en. B.C. Reg. 161/2019, s. 9.]