Coverage under Part 4 or 6

1   (1) In this section:

"extra-provincial truck undertaking" means an extra-provincial truck undertaking as defined in the Motor Vehicle Transport Act, 1987 (Canada);

"freight" includes personal property of every description that may be conveyed on a motor vehicle or trailer, but does not include a passenger's personal baggage.

(1.1) For the purpose of section 49.1 (1), the amount by which the liability of the corporation is limited is $200 000.

(2) For the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1985, is,

(a) in the case of claims made in respect of a bus, $500 000, including personal baggage of passengers but not including any other freight,

(b) in the case of claims made in respect of a taxi or a limousine use vehicle, $300 000, including personal baggage of passengers but not including any other freight, and

(c) in any other case, $200 000.

(3) Repealed. [B.C. Reg. 257/86, s. 41.]

(4) Notwithstanding subsection (2) (c), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1994, is,

(a) in the case of claims made in respect of an extra-provincial truck undertaking other than as described in paragraph (b), $1 million, or

(b) in the case of claims made in respect of an extra-provincial truck undertaking used for the transport of dangerous goods as described in section 4 (1) (b) of the Extra-Provincial Truck Undertaking Licencing Regulations made under the Motor Vehicle Transport Act, 1987 (Canada), $2 million.

(5) Subject to subsection (6) and notwithstanding subsections (2) and (4), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1995 is

(a) $1 million, in the case of claims made in respect of

(i) a taxi, or

(ii) a bus or limousine use vehicle,

(b) $1 million, in the case of claims made in respect of an accident that occurs when a TNS-only vehicle operated under a transportation network services authorization

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

(ii) is being operated for the purposes of picking up, transporting or dropping off those passengers,

(c) $1 million, in the case of claims made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer, other than one described in paragraph (d), used for commercial purposes and required to be registered and licensed under the Commercial Transport Act, or

(d) $2 million, in the case of claims made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer that is used for

(i) commercial purposes and required to be registered and licensed under the Commercial Transport Act, and

(ii) the transportation of dangerous goods that requires an emergency response assistance plan, as defined in the Transportation of Dangerous Goods Act (Canada), to be approved under that Act.

(5.1) Claims referred to in subsection (5) (a) include claims made in respect of the personal baggage of passengers but do not include claims made in respect of any other freight.

(5.2) Claims referred to in subsection (5) (b), if those claims relate to an accident that occurs when there are passengers in the vehicle, include claims made in respect of the personal baggage of the passengers but do not include claims made in respect of any other freight.

(6) Subsection (5) does not apply to a certificate, policy or endorsement that was effective in 1994.

[am. B.C. Regs. 335/84, ss. (a) and (b); 257/86, s. 41; 324/91, s. 49; 379/93, s. 15; 404/94, s. 22; 491/95, s. 33 (a); 404/99, s. 3; 166/2006, Sch. s. 90; 161/2019, s. 12; 48/2020, s. 6; 117/2021, App. 6, s. 27.]

Disability benefits

2   The amount of any disability benefits

(a) payable under section 80 in respect of an accident is $740 a week, or

(b) payable under section 84 in respect of an accident occurring on or after January 1, 1987 is $280 a week.

[en. B.C. Reg. 383/89, s. 43; am. B.C. Regs. 448/90, s. 38; 234/2018, App. 2, s. 24.]

Medical or rehabilitation benefits

3   (1) For the purpose of section 88, the amount by which the liability of the corporation is limited is the amount set out in

(a) the certificate providing coverage for the accident, or

(b) if more than one certificate provides coverage, in the certificate providing the higher or highest limit or coverage.

(2) Despite subsection (1), the amount by which the liability of the corporation is limited in respect of each insured injured

(a) in the same occurrence on or after January 1, 1990 and before January 1, 2018 must not exceed $150 000, and

(b) in the same occurrence on or after January 1, 2018 must not exceed $300 000.

(3) The maximum amount that may be reimbursed under section 88 (2) (d.1) for health care supplies, health care services or a combination of health care supplies and health care services is $1 000.

(4) The amount referred to in subsection (3) is part of the maximum amounts set out in subsection (2).

[am. B.C. Regs. 379/85, s. 59; 383/89, s. 43; 105/2018; 234/2018, App. 2, s. 25.]

Funeral expenses

4   The maximum amount of funeral expenses that may be reimbursed under section 91 in respect of an accident occurring on or after January 1, 1996 is $7 500.

[am. B.C. Regs. 383/89, s. 43; 491/95, s. 33 (b); 234/2018, App. 2, s. 26.]

Repealed

5-8   Repealed. [B.C. Reg. 234/2018, App. 2, s. 27.]

Claims under section 20 or 24 of the Act

9   (1) With respect to an accident occurring on or after January 1, 1985, for the purpose of section 105 (1), the amount by which the liability of the corporation is limited is $200 000.

(2) With respect to an accident occurring on or after January 1, 2002, for the purpose of section 105 (2) or (3), the amount is limited to the amount by which the damage exceeds $750.

[am. B.C. Regs. 335/84, s. 42; 254/93, s. 2; 259/2001, s. 7; 62/2021, App. 4, s. 44.]

Repealed

10-11   Repealed. [B.C. Reg. 117/2021, App. 6, s. 28.]

Weekly benefit multiplier

12   For the purpose of section 80 (1) (b) (i) and (ii), the weekly benefit multiplier is as set out in Table 1.

Table 1 — Weekly Benefit Multiplier

(section 80 (1))

[en. B.C. Reg. 448/90, s. 38; am. B.C. Reg. 438/92, s. 29.]

UMP coverage

13   For the purpose of Division 2 of Part 10, the limit of coverage for underinsured motorist protection is $1 million per insured person.

[en. B.C. Reg. 324/91, s. 49; am. B.C. Regs. 113/92; 438/92, s. 30.]

Definition

1   In this Schedule, "registered care advisor" has the same meaning as in the Minor Injury Regulation.

Application and interpretation

1   (1) In these conditions:

"insured" means a person who, whether named or not, is insured by this optional insurance contract;

"territory" means a territory established by the insurer;

"vehicle rate class" means a vehicle rate class established by the insurer.

(2) These conditions apply only in respect of coverage provided by this contract that does not extend the limit of coverage that is specified in a certificate or a policy to a limit that is in excess of that provided by the certificate or policy.

[en. B.C. Reg. 166/2006, Sch. s. 93.]

Changes during term of contract

2   (1) In this section, "the territory in which the vehicle is primarily located when not in use" means the territory in which the place where the vehicle is kept when not being driven is located.

(2) The insured named in this contract must,

(a) within 10 days after

(i) the named insured's address is changed from the address set out in this contract, or

(ii) the named insured acquires a substitute vehicle for the vehicle described in this contract, or

(b) before

(i) the use of the vehicle described in this contract is changed to a use to which a different vehicle rate class applies than the vehicle rate class applicable to the use set out in this contract, or

(ii) a vehicle in respect of which the premium is established on the basis of the territory in which a vehicle of that vehicle rate class is used or principally used, as the case may be, is used or principally used in a different territory than that set out in this contract,

report the change of address, vehicle, use or territory to the insurer, and pay or be refunded the resulting difference in premium.

(3) If the premium for a vehicle is established on the basis of the territory in which the vehicle is primarily located when not in use and that territory as set out in this contract is changed, the insured named in this contract must, unless the vehicle is being used by the insured for vacation purposes, report the change to the insurer within 30 days of the change, and pay or be refunded the resulting difference in premium.

[en. B.C. Reg. 166/2006, Sch. s. 93; am. B.C. Reg. 46/2007, Sch. 1, s. 13.]

Prohibited use

3   (1) The insurer is not liable to an insured who breaches this condition or a subcondition of this condition.

(2) An insured must not operate a vehicle for which coverage is provided under this contract

(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

(d) in a race or speed test.

(3) An insured does not contravene subcondition (2) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on the driver's licence of the insured 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, B.C. Reg. 26/58.

(4) An insured must not operate a vehicle for which coverage is provided under this contract 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, or

(c) a statement relating to the kind of goods, or number of passengers, that may be carried in or on the vehicle.

(5) Use of a vehicle does not contravene subcondition (4) 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 insurer for the vehicle rate class that is applicable to the use to which the vehicle is put.

(6) An insured must not operate a motor vehicle for which coverage is provided under this contract 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 that is not registered and licensed under the Motor Vehicle Act or Commercial Transport Act.

(7) An insured named in this contract must not permit the vehicle described in this contract to be operated by a person or for a purpose that breaches this condition or a subcondition of this condition or would breach this condition or subcondition of this condition if the person were an insured.

(7.1) An insured must not operate a vehicle, in circumstances in which third party liability insurance coverage provided by a blanket certificate is extended under this contract, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in

(a) a breach of the extended coverage provided under this contract,

(b) the invalidity of a claim under the extended coverage provided under this contract, or

(c) the forfeiture of a right under the extended coverage provided under this contract.

(7.2) 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 third party liability insurance coverage provided by a blanket certificate is extended under this contract, 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 in subsection (7.1).

(8) It is a breach of this condition if the injury, death, loss or damage in respect of which a claim is made by an insured 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.

(9) It is a breach of this condition if

(a) an 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) an 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) an 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. 117/2021, App. 6, s. 30 (d).]

(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. 117/2021, App. 6, s. 30 (g).]

(10) In subcondition (9):

"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 (9) (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 (9) (b) (iii) or (c) (iii);

"motor vehicle related Criminal Code offence" 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:

(i) section 249;

(ii) section 252;

(iii) section 253 (1) (a);

(iii.1) section 254 (5);

(iv) section 255 (2);

(v) section 255 (3);

(vi) section 259 (4);

(c) an offence committed on or after December 18, 2018 under any of the following provisions of the Criminal Code:

(i) section 235;

(ii) section 236;

(iii) section 239 (1);

(iv) section 320.13 (1);

(v) section 320.13 (2);

(vi) section 320.13 (3);

(vii) section 320.14 (1) (a);

(viii) section 320.14 (1) (b);

(ix) section 320.14 (1) (c);

(x) section 320.14 (1) (d);

(xi) section 320.14 (2);

(xii) section 320.14 (3);

(xiii) section 320.15 (1);

(xiv) section 320.15 (2);

(xv) section 320.15 (3);

(xvi) section 320.16 (1);

(xvii) section 320.16 (2);

(xviii) section 320.16 (3);

(xix) section 320.18 (1).

[en. B.C. Reg. 166/2006, Sch. s. 93; am. B.C. Regs. 3/2010, s. (b); 253/2018, s. 2; 161/2019, s. 13; 117/2021, App. 6, ss. 29 to 31; 304/2021, s. (b); 114/2024, App. 1, s. 11.]

Requirements if loss or damage to persons or property

4   If this contract provides third party liability insurance coverage, the insured must

(a) promptly give the insurer written notice, with all available particulars, of

(i) any accident involving death, injury, damage or loss in which the insured or a vehicle owned, leased, rented or operated by the insured has been involved,

(ii) any claim made in respect of the accident, and

(iii) any other insurance held by the insured providing coverage for the accident,

(b) on receipt of a claim, legal document or correspondence relating to a claim, immediately send the insurer a copy of the claim, document or correspondence,

(c) cooperate with the insurer in the investigation, settlement or defence of a claim or action,

(d) except at the insured's own cost, assume no liability and settle no claim, and

(e) allow the insurer to inspect an insured vehicle or its equipment or both at any reasonable time.

[en. B.C. Reg. 166/2006, Sch. s. 93; am. B.C. Reg. 114/2024, App. 1, s. 12.]

Requirements if loss of or damage to vehicle

5   (1) If loss of or damage to the vehicle insured under this contract occurs, the insured must, if the loss or damage is covered by this contract,

(a) on the occurrence of loss or damage

(i) promptly notify the insurer of the loss or damage, and

(ii) file a written statement with the insurer setting out all available information on the manner in which the loss or damage occurred, and

(b) within 90 days after the occurrence of the loss or damage file a proof of loss.

(2) The insurer may require that a proof of loss be sworn by the person filing it.

(3) If loss of or damage to a vehicle that is covered by this contract occurs, the insured or operator of the vehicle

(a) must, at the expense of the insurer, protect the vehicle as far as reasonably possible from further loss or damage, and

(b) until the insurer has had a reasonable opportunity to inspect the vehicle, must not, without the consent of the insurer, remove any physical evidence of the loss or damage to the vehicle or make any repairs to the vehicle, other than repairs that are immediately necessary to protect the vehicle from further loss or damage.

(4) The insurer is not liable under this contract

(a) for loss or damage resulting from the failure of an insured or operator to comply with subcondition (3) (a), or

(b) to an insured if the insured or an operator, to the prejudice of the insurer, contravenes subcondition (3) (b).

(5) The liability of the insurer for payment of indemnity for loss or damage to the vehicle is limited to the amount by which

(a) the cost of repairing or replacing the vehicle and its equipment or any part of it with material of a similar kind or quality,

(b) the declared value of the vehicle and its equipment, if appropriate, or

(c) the actual cash value of the vehicle and its equipment,

whichever is least, exceeds the deductible amount set out in this contract.

(6) The insurer is not liable for that part of the cost of repair or replacement that improves a vehicle beyond the condition in which it was before the loss or damage occurred.

(7) The insurer may determine

(a) whether a vehicle and its equipment or any part of it will be repaired or replaced, and

(b) whether to pay a garage service operator in respect of a repair or replacement instead of making a payment to the insured.

(8) The liability of the insurer for loss or damage to an obsolete part of an insured vehicle, or a part the manufacturer does not have in stock, is limited to the price at which the part was last listed on the manufacturer's price list.

(9) If the insurer replaces a vehicle or pays to an insured the declared value or actual cash value of a vehicle or its equipment or both, less any applicable deductible amount in accordance with subcondition (5),

(a) the insurer is entitled, at its option, to the salvage in the vehicle or its equipment or both, and

(b) the insured must, on request of the insurer, execute any documents necessary to transfer to the insurer title to the vehicle or its equipment or both.

(10) If an insured is a co-insurer under this contract of any loss or damage to a vehicle or its equipment or both,

(a) the insurer has conduct of the sale or other disposition of the salvage in the vehicle or its equipment or both, and

(b) the insured is entitled to share in the proceeds of the sale or other disposition of the salvage in the vehicle or its equipment or both in the same proportion as the insured is a co-insurer of the loss or damage.

(11) The insured must not leave a vehicle or its equipment or both with the insurer without its consent, refuse to take delivery of the insured's vehicle or its equipment or both from the insurer or otherwise abandon a vehicle or its equipment or both to the insurer without its consent.

[en. B.C. Reg. 166/2006, Sch. s. 93; am. B.C. Reg. 114/2024, App. 1, s. 13.]

Statutory declaration

6   (1) If required by the insurer, the insured must, on the occurrence of loss or damage for which coverage is provided by this contract, deliver to the insurer within 90 days after the occurrence of the loss or damage a statutory declaration stating, to the best of the insured's knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the insured and of all others in the vehicle, the encumbrances on the vehicle, all other insurance, whether valid or not, covering the vehicle and that the loss or damage did not occur through any wilful act or neglect, procurement, means or connivance of the insured.

(2) An insured who has filed a statutory declaration must

(a) on request of the insurer, submit to examination under oath,

(b) produce for examination, at a reasonable time and place designated by the insurer, all documents in the insured's possession or control relating to the loss or damage, and

(c) permit copies of the documents to be made by the insurer.

[en. B.C. Reg. 166/2006, Sch. s. 93.]

Inspection of vehicle

7   The insured must permit the insurer at all reasonable times to inspect the vehicle and its equipment.

[en. B.C. Reg. 166/2006, Sch. s. 93.]

Time and manner of payment of insurance money

8   (1) The insurer must pay the insurance money for which it is liable under this contract within 60 days after the proof of loss or statutory declaration has been received by it or, if an arbitration is conducted under section 177 of the Insurance (Vehicle) Regulation, within 15 days after the award is rendered.

(2) The insured must not bring an action to recover the amount of a claim under this contract unless the requirements of conditions 4, 5 and 6 are complied with and until the amount of the loss has been ascertained by an arbitrator under section 177, by a judgment after trial of the issue or by written agreement between the insurer and the insured.

(3) Every action or proceeding against the insurer in respect of loss or damage for which coverage is provided under this contract must be commenced within 2 years from the occurrence of the loss or damage.

[en. B.C. Reg. 166/2006, Sch. s. 93.]

Who may give notice and proof of claim

9   Notice of a claim related to loss or damage of the vehicle may be given and proof of claim and a statutory declaration may be made

(a) by the agent of the insured named in this contract in case of absence or inability of the insured to give the notice or make the proof or statutory declaration, if the absence or inability is satisfactorily accounted for, or

(b) if the insured refuses to do so, by a person to whom any part of the insurance money is payable.

[en. B.C. Reg. 166/2006, Sch. s. 93.]

Termination

10   (1) This contract may be terminated

(a) by the insured named on this contract at any time on request, and

(b) by the insurer not less than

(i) 5 days after the insurer gives written notice of termination to the insured in person, or

(ii) 15 days after the insurer sends, by registered mail, written notice of termination to the last address of the insured according to the insurer's records.

(2) On termination the insurer must refund the excess of premium actually paid by the insured over the proportionate premium for the expired time less any debt owed by the insured to the insurer, but in no event must the proportionate premium for the expired time less any debt owed by the insured to the insurer be less than any minimum retained premium specified in this contract.

(3) If this contract is terminated by the insurer, the refund must accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case the refund must be made as soon as practicable.

[en. B.C. Reg. 166/2006, Sch. s. 93.]

Notice

11   (1) A written notice to the insurer may be delivered at, or sent by registered mail to, the head office of the insurer in British Columbia or to a person appointed as an agent by the insurer for the purpose of receiving notices.

(2) Written notice may be given to the insured named in this contract by letter personally delivered to the insured or by registered mail addressed to the insured at the insured's latest address according to the insurer's records.

(3) In this condition and condition 10, "registered" means registered in or outside Canada.

[en. B.C. Reg. 166/2006, Sch. s. 93.]