Section 1 definitions of "amphibious vehicle", "element of race or speed test", "garage service operator", "household", "out-of-province owner" and "road building machine" BEFORE amended by BC Reg 62/2021, effective May 1, 2021.
"amphibious vehicle" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Regulation;
"element of race or speed test" has the same meaning as in section 2 (2) of the Insurance (Vehicle) Regulation;
"garage service operator" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Regulation;
"household" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Regulation;
"out-of-province owner" has the same meaning as in section 178 (1) of the Act;
"road building machine" has the same meaning as in section 1 of the Commercial Transport Act;
Section 1 definitions of "implement of husbandry", "non-prohibited farm use vehicle" and "specified non-prohibited farm use vehicle" were added by BC Reg 117/2021, effective May 1, 2021.
Section 5 BEFORE renumbered as Section 5 (2) by BC Reg 273/2021, effective November 1, 2021.
Prescribed class of vehicles for definition of "non-standard motor vehicle"
5 For the purposes of the definition of "non-standard motor vehicle" in section 170 (1) of the Act, the following classes of motor vehicles are prescribed as excluded from being a non-standard motor vehicle:
(i) at the time the motor vehicles were built or manufactured, did not conform to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, and
(ii) with modifications could be, or have been, licensed under the Motor Vehicle Act or the Commercial Transport Act for unrestricted use on a highway;
(i) at the time the motor vehicles were built or manufactured, did not conform to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, and
(ii) have been rebuilt or modified to be licensed under the Motor Vehicle Act or the Commercial Transport Act for unrestricted use on a highway;
(i) are exempt from the standards set out in the Motor Vehicle Safety Act (Canada) because they were manufactured 15 years or more before the date the motor vehicles were imported into Canada, and
(ii) are of a design that the motor vehicles could be, or have been, licensed under the Motor Vehicle Act or the Commercial Transport Act for unrestricted use on a highway.
Section 5 (1) was added by BC Reg 273/2021, effective November 1, 2021.
Section 6 (2) (e) (part) and (f) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(e) if the action or proceeding is brought, commenced or maintained by any of the following respecting an authorized trailer or a non-motive trailer in the combination of vehicles:
(f) any of the following respecting an authorized trailer or a non-motive trailer that is in a combination of vehicles:
Section 10 (2) (b) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(b) if all of the following apply:
(i) the accident occurs on a highway or off-highway;
(ii) the accident involves a combination of vehicles and the eligible vehicle is part of the combination of vehicles;
(iii) the eligible vehicle is neither an authorized trailer nor a non-motive trailer,
owners, renters named in the owner's certificate, out-of-province lessees, operators or occupants of an authorized trailer or a non-motive trailer in the combination of vehicles;
Section 10 (2) (c) (iii) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(iii) the eligible vehicle is an authorized trailer or a non-motive trailer,
Section 10 (2) (d) (iv) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(iv) the eligible vehicle is an authorized trailer or a non-motive trailer,
Section 10 (2) (f) (iv) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(iv) the eligible vehicle is neither an authorized trailer nor a non-motive trailer;
Section 10 (2) (part) BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
(2) For the purposes of sections 174 (4) (a) and 175 (4) (a) [coverage — accident on or off-highway] of the Act, the following classes of persons are prescribed:
Section 10 (2) (a) BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
(a) if the accident occurs on a highway or off-highway, occupants of the eligible vehicle;
Section 10 (2) (a.1) and (a.2) were added by BC Reg 140/2022, effective June 20, 2022.
Section 10 (2) (b) sandwich text BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
owners, renters named in the owner's certificate, out-of-province lessees, operators or occupants of a specified non-prohibited farm use vehicle on a highway, an authorized trailer or a non-motive trailer in the combination of vehicles;Section 10 (2) (c) sandwich text BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
owners, renters named in the owner's certificate, out-of-province lessees, operators or occupants of a vehicle in the combination of vehicles;Section 10 (2) (d) sandwich text BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
persons who are not, at the time of the accident, an owner, renter named in the owner's certificate, out-of-province lessee, operator or occupant of a vehicle involved in the accident;Section 10 (2) (e) sandwich text BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
persons who are not, at the time of the accident, an owner, renter named in the owner's certificate, out-of-province lessee, operator or occupant of a vehicle involved in the accident;Section 10 (2) (f) sandwich text BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
persons who are not, at the time of the accident, an owner, renter named in the owner's certificate, out-of-province lessee, operator or occupant of a vehicle involved in the accident;Section 10 (2) (g) sandwich text BEFORE amended by BC Reg 140/2022, effective June 20, 2022.
persons who are not, at the time of the accident, an owner, renter named in the owner's certificate, out-of-province lessee, operator or occupant of a vehicle involved in the accident.Section 13 (1) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(1) If required by the corporation, and subject to subsection (3), an insured must file with the corporation, within 90 days after sustaining damage to or the loss of the eligible vehicle, a statutory declaration stating, to the best of the insured's knowledge and belief, the place, time, cause and amount of the damage to or loss of the eligible vehicle, the interest of the insured and of all others in the eligible vehicle, the encumbrances on the eligible vehicle, all other insurance, whether valid or not, covering the eligible vehicle, and that the damage or loss did not occur through any wilful act or neglect, procurement, means or connivance of the insured.
Section 17 (1) and (3) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(1) In this section, "specified percentage" means the percentage determined by dividing $200 000 by the actual cash value of an eligible vehicle.
(3) If the actual cash value of an eligible vehicle exceeds $200 000 and the corporation pays $200 000 to the insured,
(a) the corporation is entitled to the specified percentage of the proceeds of the sale or other disposition of the salvage in the vehicle, and
(b) the insured is entitled to the remainder.
Section 17 (4) was added by BC Reg 117/2021, effective May 1, 2021.
Section 18 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.
(1) In this section, "passenger directed vehicle" has the same meaning as in section 1 of the Passenger Transportation Act.
Section 21 (3) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(3) The corporation may pay indemnification under subsection (1) only to the extent the corporation would have paid indemnification under Part 11 of the Act to the insured.
Section 24 (3) (a) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.
(a) must not be greater than the amount to which the insured would be entitled, and
Section 25 BEFORE re-enacted by BC Reg 273/2021, effective November 1, 2021.
Restriction on indemnification
25 (1) In exercising its duty under section 176 (1) (a) [restriction on indemnification] of the Act, the corporation may indemnify under Division 3 of Part 11 of the Act
(a) an owner if the owner's certificate names a renter, unless the owner has care, custody or control of the vehicle, and
(b) a short-term rental agency, unless the short-term rental agency has care, custody or control of the vehicle.
(2) For the purposes of section 176 (2) of the Act, the following classes of persons are prescribed:
(a) renters named in an owner's certificate;
(3) For the purposes of section 176 (2) of the Act, the following circumstances are prescribed:
(a) a renter named in the owner's certificate owns, rents or leases more than one vehicle involved in the accident;
(b) a vehicle rented or leased by the renter named in the owner's certificate is damaged by another vehicle operated by the renter;
(c) a short-term renter owns, rents or leases more than one vehicle involved in the accident;
(d) a vehicle rented or leased by a short-term renter is damaged by another vehicle operated by the short-term renter.
Section 25 BEFORE repealed by BC Reg 140/2022, effective June 20, 2022.
Restriction on indemnification
25 (1) For the purposes of section 176 (1) (c) of the Act, the following circumstances are prescribed:
(a) if the owner leases or rents more than one vehicle involved in the accident;
(b) if a vehicle leased or rented by the owner is damaged by another vehicle operated by the owner.
(2) For the purposes of section 176 (2) of the Act, insureds other than owners are a prescribed class of persons.
(3) For the purposes of section 176 (2) of the Act, the following circumstances are prescribed:
(a) if an insured, other than an owner, owns, leases or rents more than one vehicle involved in the accident regardless of whether the vehicles are owned, leased or rented in British Columbia or in a jurisdiction outside British Columbia;
(b) if a vehicle owned, leased or rented by an insured, other than an owner, is damaged by another vehicle operated by the insured regardless of whether the vehicles are owned, leased or rented in British Columbia or in a jurisdiction outside British Columbia;
(c) if the vehicle of an insured, other than an owner, is damaged in an accident in a circumstance described in section 176 (1) (a) or (b) of the Act or in a circumstance prescribed under section 176 (1) (c) of the Act.
(4) For the purposes of this section, in relation to a vehicle that is leased or rented,
(a) the vehicle for which a renter is named in the owner's certificate is not to be considered to be owned by the owner of the vehicle if, at the time of the accident, the owner does not have possession of the vehicle,
(b) the vehicle is not to be considered to be owned by a short-term rental agency if, at the time of the accident, the short-term rental agency does not have possession of the vehicle,
(c) the vehicle for which a renter is named in the owner's certificate is not to be considered leased by the renter if, at the time of the accident, the vehicle is in the possession of the owner, and
(d) the vehicle is not to be considered leased or rented by a short-term renter if, at the time of the accident, the vehicle is in the possession of the short-term rental agency.
[en. B.C. Reg. 273/2021, Sch. 2, s. 4.]
Section 26 (2) (i) (iv.1) and (u) were added by BC Reg 273/2021, effective November 1, 2021.
Section 26 (2) (k,) (q) and (r) BEFORE amended by BC Reg 273/2021, effective November 1, 2021.
(k) the insured's use or operation of the eligible vehicle results in a conviction for an offence under any of the following Motor Vehicle Act provisions:
(i) section 95 [driving while prohibited];
(ii) section 102 [driving while prohibited by court order or operation of law];
(q) the insured permits the eligible vehicle to be used or operated by a person in a circumstance described in paragraphs (d) to (k), (m) or (n) with the references to "insured" in those paragraphs to be read as references to "person";
(r) the insured permits the eligible vehicle to be used or operated by a person in a circumstance that is contrary to statements contained in the application for a certificate for the eligible vehicle or to changes reported during the term of the certificate;
Section 26 (2) (s) and (t) BEFORE repealed by BC Reg 273/2021, effective November 1, 2021.
(s) subject to subsection (3), the vehicle damage sustained in the accident arises, 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);
(t) the vehicle damage sustained in the accident arises, directly or indirectly, out of a declared or undeclared war or insurrection, rebellion or revolution.
Section 26 (3) BEFORE repealed by BC Reg 273/2021, effective November 1, 2021.
(3) Subsection (2) (s) does not apply to the carriage of radioisotopes that are
(a) packaged and labelled in accordance with the Transportation of Dangerous Goods Act, 1992 (Canada), and
(b) to be used for medical treatment, research, photography, x-ray or other similar purposes using radioisotopes.
Section 26 (2) (d) BEFORE amended by BC Reg 304/2021, effective November 29, 2021.
(d) the insured is not authorized and not qualified by law to operate the eligible vehicle, except if the prohibition or non-qualification results from the insured operating a vehicle in contravention of a restriction or condition imposed on the insured's licence under section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.072 (1) (a) or (b), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) [restrictions on learners' licences] of the Motor Vehicle Act Regulations;
Section 27 (2) (a) (v) BEFORE amended by BC Reg 273/2021, effective November 1, 2021.
(v) take an action that results in one of the circumstances prescribed in section 26 (2) (a) to (n) and (q) of this regulation, with the references to "insured" in those provisions to be read as references to "operator", to occur, or
Section 27 (2) (b) (v) BEFORE amended by BC Reg 273/2021, effective November 1, 2021.
(v) take an action that results in one of the circumstances prescribed in section 26 (2) (a) to (c), (m) and (q) of this regulation, as that paragraph relates to section 26 (2) (i), (j) or (m) of this regulation, with the references to "insured" in that section to be read as references to "occupant", to occur, or
Section 27 (2) (e) to (h) BEFORE amended by BC Reg 273/2021, effective November 1, 2021.
(e) owners who take an action that results in one of the circumstances prescribed in section 26 (2) of this regulation, with the references to "insured" in that section to be read as references to "owners", to occur;
(f) renters named in an owner's certificate who take an action that results in one of the circumstances prescribed in section 26 (2) of this regulation, with the references to "insured" in that section to be read as references to "renters named in an owner's certificate", to occur;
(g) out-of-province owners who take an action that results in one of the circumstances prescribed in section 26 (2), other than in section 26 (2) (d) or (o), of this regulation, with the references to "insured" in that section to be read as references to "out-of-province owners", to occur;
(h) out-of-province lessees who take an action that results in one of the circumstances prescribed in section 26 (2), other than in section 26 (2) (d) or (o), of this regulation, with the references to "insured" in that section to be read as references to "out-of-province lessees", to occur;
Section 27 (2) (i) (ii) BEFORE amended by BC Reg 273/2021, effective November 1, 2021.
(ii) take an action that results in one of the circumstances prescribed in section 26 (2) (a) to (c), (m) and (q) of this regulation, as that paragraph relates to section 26 (2) (d), (e), (f), (h), (i), (j), (m) or (n) of this regulation, with the references to "insured" in that section to be read as references to "short-term renter", to occur;
Section 27 (2) (j) BEFORE amended by BC Reg 304/2021, effective November 29, 2021.
(j) operators who operate a vehicle, with respect to which coverage is provided by a certificate, with a driver's licence issued in a jurisdiction other than British Columbia, if the operators are not authorized and not qualified by law to operate the vehicle, except if the prohibition or non-qualification results from the operators operating the vehicle in contravention of a restriction or condition imposed on the driver's licence that is similar to section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.072 (1) (a) or (b), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) [restrictions on learners' licences] of the Motor Vehicle Act Regulations.
Section 27 (2) (a) (part), (b) (part), (f), (g), (h) and (i) (part) BEFORE amended by BC Reg 95/2022, effective May 1, 2021 [retro from April 11, 2022].
(a) subject to subsection (3) of this section, operators who
(b) subject to subsection (4) of this section, occupants who
(f) renters named in an owner's certificate who take an action that results in one of the circumstances set out in section 177 (1) (a) to (d) of the Act or prescribed in section 26 (2) (a) to (c), (i) to (k), (m) or (p) to (u) of this regulation, with the references to "insured" in those sections to be read as references to "renters named in an owner's certificate", to occur;
(g) out-of-province owners who take an action that results in one of the circumstances set out in section 177 (1) (a) to (c) of the Act or prescribed in section 26 (2) (a) to (c), (i) to (k), (m) or (q) of this regulation, with the references to "insured" in those sections to be read as references to "out-of-province owners", to occur;
(h) out-of-province lessees who take an action that results in one of the circumstances set out in section 177 (1) (a) to (c) of the Act or prescribed in sections 26 (2) (a) to (c), (h) to (k), (m) or (q) of this regulation, with the references to "insured" in those sections to be read as references to "out-of-province lessees", to occur;
(i) short-term renters, in relation to the vehicle the short-term renter rented or leased from a short-term rental agency, who use or operate the rented or leased vehicle who
Section 27 (a) (v) BEFORE amended by BC Reg 95/2022, effective May 1, 2021 [retro from April 11, 2022].
(v) take an action that results in one of the circumstances prescribed in section 26 (2) (a) to (n) or (q) of this regulation, with the references to "insured" in those provisions to be read as references to "operator", to occur, or
Section 27 (b) (v) BEFORE amended by BC Reg 95/2022, effective May 1, 2021 [retro from April 11, 2022].
(v) take an action that results in one of the circumstances prescribed in section 26 (2) (a) to (c), (i), (j) or (m) of this regulation, with the references to "insured" in that section to be read as references to "occupant", to occur, or
Section 27 (i) (ii) BEFORE amended by BC Reg 95/2022, effective May 1, 2021 [retro from April 11, 2022].
(ii) take an action that results in one of the circumstances set out in section 177 (1) (a) or (b) of the Act or prescribed in section 26 (2) (a) to (c), (h) to (m), (q) or (u) of this regulation, as that paragraph relates to section 26 (2) (h) or (l) to (n) of this regulation, with the references to "insured" in those sections to be read as references to "short-term renter", to occur;
Section 27 (3) BEFORE amended by BC Reg 95/2022, effective May 1, 2021 [retro from April 11, 2022].
(3) The circumstances prescribed in section 26 (2) (d) and (q), as that paragraph relates to section 26 (2) (d), apply only if
(a) the owner, renter named in the owner's certificate, operator or occupant of the vehicle is responsible for the accident, and
(b) a certificate provides coverage in relation to the vehicle.
Section 27 (2) (i) (ii) BEFORE amended by BC Reg 95/2022, effective November 1, 2021 [retro from April 11, 2022].
(ii) take an action that results in one of the circumstances set out in section 177 (1) (a) or (b) of the Act or prescribed in section 26 (2) (a) to (c), (h) to (m), (q) or (u) of this regulation, as that paragraph relates to section 26 (2) (h) or (l) to (n) of this regulation, with the references to "insured" in those sections to be read as references to "short-term renter";