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This Act is current to September 22, 2021
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Insurance (Vehicle) Act

[RSBC 1996] CHAPTER 231

Contents
Part 0.1 — Definitions, Application and Entitlements
1Definitions and application
1.01Exemption of government vehicles
1.02Extraprovincial undertaking
1.03Entitlements
Part 1 — Universal Compulsory Vehicle Insurance
1.1Definitions
1.2Application of this Part
2Corporation to provide universal compulsory vehicle insurance
3-6Repealed
7Plan
8Repealed
9Application of other Acts
10Repealed
11Combined forms and information
12-13Repealed
14Salvage
14.1Agreements
15-16Repealed
17Limitation
18Financial responsibility in other provinces
19Relief from forfeiture
19.1-19.2Repealed
20Uninsured vehicles
21Repealed
22Corporation to be notified of action
23Repealed
24Remedy for damage in hit and run accident
25-26Repealed
27Accident report
28Medical reports for accidents before April 1, 2019
28.1Health care reports for accidents on or after April 1, 2019
29Employment information
30Superintendent's records
30.1Repealed
31Excess payments and deduction of premiums
32Repealed
33Application for insurance
34Premiums for certificates
35Repealed
35.1Blanket certificate
35.2Collection of information relating to blanket certificates and certificates for taxis insured as part of fleet
36Issue of certificate
37Certificate not issued in certain case
38Insurance condition precedent to licence
39Effect of licensing action
40Certificate in effect
41Notification
42Offences
42.1Offence
43-44Repealed
44.1Repealed
45Power to make regulations
45.1Regulations respecting health care fees
46Repealed
46.1Repealed
46.11Review of regulations
46.2Jurisdiction of the commission
Part 2
47-51Not in force. Repealed
Part 3
52-57Repealed
Part 4 — Optional Insurance Contracts
57.1Definitions and interpretation
58Application of this Part
59Not in force. Repealed
60Duty of insurer
61Coverage of optional insurance contracts
62Coverage of non-owner's policy
63Copy of application in policy
64Use of statements in application for optional insurance contract
65Limits on physical damage
66Agreement for partial payment of claim by insured
67Partial payment of loss clause
68Relief from forfeiture
69Persons forbidden to act as agent
70Protection of insurance agent commission
71Statistical information
72Power to make regulations
72.1Variation of prescribed conditions
73Power to make regulations establishing an insurer of last resort
Part 5 — Provisions Relating to the Plan and Optional Insurance
74Application of this Part
74.1Civil resolution tribunal
75Forfeiture
76Third party rights
77Rights of insurer
78Payment of insurance money into court
79Defence if more than one contract
80Other insurance
81Unnamed insured
82Insured to give notice and disclose damage
82.1Liability limited for classes of owners
82.2Liability limited for health care costs
83Liability reduced
84Subrogation
85Waiver of term or condition
86Effect of payment under the plan or an optional insurance contract
87Territorial limits
88Out of province use
89Proof of intoxication
90Limitation on recovery for acts of violence
91Limitation on recovery in relation to stolen vehicles
92Payment to minor
93Family exclusion clauses
93.1Corporation's collection remedies
94Power to make regulations under this Part
Part 6 — Vehicle Actions
95Definitions
96Alternative dispute resolution
97Application of sections 98 and 100
98Recovery for loss of income
99Structured judgments
100Apportionment
Part 7 — Minor Injuries
101Definitions and interpretation
102Application of this Part
103Limit on non-pecuniary loss for minor injuries
104Power to make regulations under this Part
Part 8
105-106Repealed
Part 9 — Pre-Litigation Payments
107Definitions
108Offer to make pre-litigation payment
109Pre-litigation payment
110Restriction on offer or pre-litigation payment
111Consequences of offer and payment of pre-litigation payment
112Non-disclosure to court and deduction
Part 10 — Enhanced Accident Benefits and Limits on Actions and Proceedings
Division 1 — Definitions and Application
113Definitions
114Application of this Part
Division 2 — Limits on Actions and Proceedings
115No actions or proceedings for bodily injury
116Exceptions
Division 3 — Entitlement and Matters Affecting Entitlement
117Enhanced accident benefits
118Enhanced accident benefits for residents
119Enhanced accident benefits for non-residents
120Corporation's duty respecting benefits
121Circumstances in which benefits reduced, suspended or cancelled or in which benefits not paid
122Other sources
Division 4 — Health Care, Rehabilitation and Related Benefits
123Health care and related expenses benefit
124Rehabilitation
125Other related expenses
126Recreation benefit
127Expenses generally
128Prescribed maximum benefits
Division 5 — Permanent Impairment Compensation
129Permanent impairment compensation
130If insured dies
Division 6 — Income Replacement Benefits — Earners and Non-Earners
131Full-time earners
132Special circumstances
133Temporary earners and part-time earners
134Non-earners
Division 7 — Benefits for Students
135Definitions
136Student entitled to loss-of-studies benefit
137Student entitled to income replacement benefit
138Benefit for student unable to begin or continue studies
139Benefit for student able to begin or continue studies
Division 8 — Benefits for Minors
140Definitions
141Minor entitled to loss-of-studies benefit
142Minor entitled to income replacement benefit
143Benefit for minor unable to begin or continue studies
144Benefit for minor able to begin or continue studies
Division 9 — Income Replacement Benefits — General
145Persons incapable of holding employment
146Events that suspend or end entitlement
147Benefit reduction if person earns reduced income
Division 10 — Retirement Income Benefit
148No entitlement for unemployed person 65 years or older
149When income replacement benefit ceases
150Retirement income benefit after age 65
Division 11 — Family and Caregiver Benefits
151Reimbursement of expenses respecting family enterprise
152Caregiver benefit
153Reimbursement of expenses for care of other person
Division 12 — Limit on Benefits
154Limit on benefits — subsequent accidents
Division 13 — Death Benefits
155Definition
156Death benefit for spouse
157Death benefit for dependant
158Dependent child of deceased with no spouse
159Entitlement of child and parent of deceased
160Reimbursement of funeral expenses
161Grief counselling
Division 14 — Catastrophic Injuries
162Facilitation of claims by catastrophically injured
163Extended benefit for catastrophically injured
Division 15 — Expenses for Volunteers
164Expenses for volunteer
Division 16 — Claims and Disputes
165Claims
166Advance payment
167Disputes with corporation
Division 17 — Recovery of Paid Benefits
168Corporation may recover benefits
Division 18 — Regulations
169Power to make regulations under this Part
Part 11 — Basic Vehicle Damage Coverage and Limits on Actions and Proceedings
Division 1 — Definitions and Application
170Definitions
171Application
Division 2 — Limits on Actions
172No actions or proceedings for vehicle damage — accident on highway
173No actions or proceedings for vehicle damage — accident off-highway
Division 3 — Coverage
174Coverage — accident on highway
175Coverage — accident off-highway
176Restriction on indemnification
177Circumstances in which indemnification not paid or in which indemnification reduced
178Recovery
179Limiting clause
Division 4 — Power to Make Regulations Under this Part
180Power to make regulations under this Part
Part 12 — General
Division 1 — General Regulation-Making Powers
181Power to make regulations under this Act
Division 2 — Review of Parts 10 and 11
182Review by special committee
Division 3 — Transitional Regulation-Making Powers
183Repealed
184Transitional regulations for Parts 10 and 11

Part 0.1 — Definitions, Application and Entitlements

Definitions and application

1   (1) In this Act:

"action" includes proceedings brought in the civil resolution tribunal as an accident claim under the Civil Resolution Tribunal Act;

"activities of daily living" means the following activities:

(a) preparing personal meals;

(b) managing personal finances;

(c) shopping for personal needs;

(d) using public or personal transportation;

(e) performing housework to maintain a place of residence in acceptable sanitary condition;

(f) performing personal hygiene and self-care;

(g) managing personal medication;

(h) any other prescribed activity;

"applicant" means a person who applies for insurance;

"benefits", except in sections 83 and 84, means benefits payable under Part 1 and any amounts payable under Part 10;

"blanket certificate" means a class of certificate issued under the plan to a person referred to in section 35.1 (2);

"certificate" means a certificate of universal compulsory vehicle insurance issued under Part 1 or the regulations under that Part;

"commission" means the British Columbia Utilities Commission continued under section 2 of the Utilities Commission Act;

"corporation" means the Insurance Corporation of British Columbia continued by the Insurance Corporation Act;

"coverage" means the right conferred on a person by this Act, the plan or an optional insurance contract to be indemnified against liability for, or compensated for, death, bodily injury, loss or damages;

"dependant" means

(a) a dependent child,

(b) a dependent parent, and

(c) a person in a prescribed class of persons;

"dependent child" means any of the following:

(a) a person under 19 years of age for whose support an insured is legally liable and who is dependent on the insured for financial support;

(b) a person 19 years of age or older who resides with an insured and receives the majority of the person's financial support from the insured because of the person's mental or physical disability;

(c) a person in a prescribed class of persons;

"dependent parent" means a parent, including a spouse of a parent, of an insured who, at the date of an accident for which a claim is made, resides with the insured and the majority of whose financial support is from the insured;

"driver's certificate" means a class of certificate issued under the plan to a person who may, under the Motor Vehicle Act, obtain a driver's licence;

"health care" means anything that is done for a therapeutic, preventative, palliative, diagnostic, cosmetic or other health-related purpose;

"health care practitioner" means any of the following:

(a) a medical practitioner;

(b) a nurse practitioner;

(c) a person in a prescribed class of persons who is entitled, under a prescribed enactment, to practise a health profession as defined in the Health Professions Act;

(d) a person in a prescribed class of persons who provides health care;

"highway" has the prescribed meaning;

"insurance" means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value on the happening of a certain event;

"insurance money" means the amount payable by an insurer under the plan or an optional insurance contract;

"insurer" means

(a) the corporation, or

(b) the person who undertakes, agrees or offers to provide insurance under an optional insurance contract;

"leased motor vehicle" means a motor vehicle leased or rented to a lessee under an agreement in writing and in the ordinary course of the owner's or lessor's business;

"lessee" has the same meaning as in section 86 (3) of the Motor Vehicle Act;

"lessor" has the same meaning as in section 86 (3) of the Motor Vehicle Act;

"licence"

(a) in relation to a driver or operator of a vehicle, means a licence or permit issued under the Motor Vehicle Act authorizing the holder of a licence of a designated class to drive or operate a vehicle of the category designated for that class, and includes a learner's licence, and

(b) in relation to a vehicle, means a licence or permit issued in respect of a vehicle under the Motor Vehicle Act or the Commercial Transport Act or a licence or permit for a vehicle issued under any other Act;

"motor vehicle" means a motor vehicle as defined in the Motor Vehicle Act;

"occupant" has the prescribed meaning;

"operate" has the prescribed meaning;

"optional insurance contract" means a contract of vehicle insurance other than vehicle insurance provided under the plan, and includes

(a) a binding oral agreement, and

(b) a contract that provides insurance for a vehicle for which, or for the use or operation of which, a permit or licence is not required under the Motor Vehicle Act, if the contract provides that this Act applies;

"owner" means the person in whose name a vehicle is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act;

"owner's certificate" means a class of certificate issued under the plan to an owner;

"plan" means the plan of universal compulsory vehicle insurance referred to in section 2 and operated by the corporation under Part 1, 10 or 11 and the regulations under those Parts;

"policy" means the instrument evidencing an optional insurance contract and includes an interim receipt, a renewal receipt or a binder, or writing evidencing the contract, whether sealed or not;

"premium" means money paid or to be paid by an insured or by an applicant for insurance to an insurer for the issue of a certificate or policy;

"rehabilitation" means the restoration, in the shortest time practicable, of an injured person to the highest level of gainful employment or self-sufficiency that, allowing for the permanent effects of the injured person's injuries, is, with medical and vocational assistance, reasonably achievable by the injured person;

"resident" has the prescribed meaning;

"superintendent" means the superintendent under the Financial Institutions Act;

"third party liability insurance coverage" means insurance against liability arising out of

(a) bodily injury to or the death of a person, or

(b) loss of or damage to property,

caused by a vehicle or the use or operation of a vehicle;

"trailer" means a trailer as defined in the Motor Vehicle Act;

"universal compulsory vehicle insurance" means universal compulsory vehicle insurance provided under the plan;

"vehicle" means motor vehicle or trailer;

"vehicle insurance" means insurance

(a) against liability arising out of

(i) bodily injury to or the death of a person, or

(ii) loss of or damage to property,

caused by a vehicle or the use or operation of a vehicle,

(b) against loss of or damage to a vehicle or the loss of use of a vehicle, or

(c) against loss arising from bodily injury or death of an insured caused only by

(i) a vehicle, or

(ii) the use or operation of a vehicle,

but does not include

(d) insurance relating to

(i) a vehicle for which, or for the use or operation of which, a permit or licence is not required under the Motor Vehicle Act unless the contract of insurance provides that this Act applies, or

(ii) any operation, use or loss of use of a vehicle excluded by regulation,

(e) reinsurance undertaken by one insurer for liability for loss or damage assumed by another insurer,

(f) insurance only against one or more of the following:

(i) loss of or damage to a vehicle while in or on described premises;

(ii) loss of or damage to property carried in or on a vehicle;

(iii) liability for loss of or damage to property carried in or on a vehicle, or

(g) insurance solely of the interest of a person who has a lien on, or has as security legal title to, a vehicle and who does not have possession of the vehicle;

"vehicle liability policy" means a certificate or a policy evidencing insurance against liability arising out of

(a) bodily injury to or the death of a person, or

(b) loss of or damage to property,

caused by a vehicle or the use or operation of a vehicle.

(2) The Lieutenant Governor in Council may make regulations that

(a) include any kind or class of vehicle, as defined in the Motor Vehicle Act, within the definition of vehicle for the purposes of this Act or the regulations, or

(b) exclude any kind or class of vehicle, as defined in the Motor Vehicle Act, from the definition of vehicle for the purposes of this Act or the regulations.

(3) The Insurance Act does not apply to insurance to which this Act applies.

(4) Section 5 of the Offence Act does not apply to this Act or the regulations.

Exemption of government vehicles

1.01   (1) This Act and the regulations, other than Parts 10 and 11 and the regulations under those Parts, do not apply to vehicles owned, leased or operated by Canada or the government of another province, territory or state, but apply to vehicles owned and operated or leased and operated by the government of British Columbia and to the vehicles' drivers.

(2) Despite subsection (1), the corporation may negotiate and conclude an agreement with a government excluded under that subsection to bring any or all vehicles owned, leased or operated by that government in British Columbia within the operation of the Parts of this Act that would otherwise not apply.

Extraprovincial undertaking

1.02   (1) In this section, "extraprovincial undertaking" means a work or undertaking for the transport of passengers or goods by motor vehicle or trailer, connecting British Columbia with another province of Canada, or extending beyond the limits of British Columbia.

(2) The provisions of this Act and the regulations respecting the requirement for vehicle insurance do not apply to an owner or operator of an extraprovincial undertaking who gives proof of financial responsibility under section 106 (2) (b) of the Motor Vehicle Act.

Entitlements

1.03   (1) An insured who is entitled to benefits under Part 1 respecting an accident is not entitled to benefits under Part 10 respecting the same accident.

(2) An insured who is entitled to benefits under Part 10 respecting an accident is not entitled to benefits under Part 1 respecting the same accident.

Part 1 — Universal Compulsory Vehicle Insurance

Definitions

1.1   In this Part:

"accident" means an accident arising out of the use or operation of a vehicle;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

Application of this Part

1.2   (1) This Part applies to

(a) insurance under the plan that takes effect on or after the date this section comes into force,

(b) claims under that insurance, and

(c) insureds and the corporation in relation to that insurance.

(2) Benefits under this Part are payable by the corporation regardless of who is responsible for the accident.

Corporation to provide universal compulsory vehicle insurance

2   If, under the Insurance Corporation Act, the Lieutenant Governor in Council authorizes the corporation to operate the plan of universal compulsory vehicle insurance, the corporation must operate the plan of universal compulsory vehicle insurance in accordance with this Act and the regulations.

Repealed

3-6   [Repealed 2003-94-6.]

Plan

7   (1) Subject to section 2 and compliance with this Act and the regulations, the corporation must administer a plan of universal compulsory vehicle insurance providing coverage under a motor vehicle liability policy required by the Motor Vehicle Act, of at least the amount prescribed, to all persons

(a) whether named in a certificate or not, to whom, or in respect of whom, or to whose dependants, benefits are payable if bodily injury is sustained or death results,

(b) whether named in a certificate or not, to whom or on whose behalf insurance money is payable, if bodily injury to, or the death of another or others, or damage to property, for which he or she is legally liable, results, or

(c) to whom insurance money is payable, if loss or damage to a vehicle results

from one of the perils mentioned in the regulations caused by a vehicle or its use or operation, or any other risk arising out of its use or operation.

(2) to (4) [Repealed 2003-94-7.]

Repealed

8   [Repealed 2003-94-8.]

Application of other Acts

9   (1) The Lieutenant Governor in Council may, by regulation, provide that provisions of the Insurance Corporation Act or regulations do not apply to the plan established under this Act.

(2) and (3) [Repealed 2003-94-9.]

Repealed

10   [Repealed 1997-29-20.]

Combined forms and information

11   (1) Certificates and applications for insurance forms established by the corporation may be incorporated in the appropriate application forms, certificates of registration, registration cards, licences, permits or windshield stickers prescribed for use or used under the Motor Vehicle Act, Commercial Transport Act or Passenger Transportation Act.

(2) The corporation may require an applicant for insurance or an insured under the plan to provide statements and reports, relating to or affecting the operation of the plan, that

(a) include the content required by the corporation, and

(b) are in a form established by the corporation.

(2.1) For the purposes of administering the plan, the corporation may require an applicant or an insured under the plan to provide information, including personal information, about himself or herself or about any person named, in an application for a certificate, as a driver of the vehicle specified in the certificate.

(3) The corporation may require every driver or owner, or, in the case of a leased motor vehicle, the lessee, of a vehicle that

(a) is required to be registered and licensed in British Columbia, and

(b) is involved in an incident out of which arises injury or death to a person or damage to property,

to provide to the corporation information required by the corporation relating to the incident, in a form established by the corporation.

(4) The corporation may require an insured to

(a) provide notices, proofs of claim, proofs of loss, reports and statements that include the content required by the corporation, and

(b) comply with any other method of making and proving claims that is established by the corporation.

Repealed

12-13   [Repealed 2003-94-11.]

Salvage

14   The corporation may acquire and hold for the benefit of the plan the salvage to which it becomes entitled

(a) on settlement of a claim under the plan, and

(b) as provided by the regulations.

Agreements

14.1   The corporation may enter into agreements that it considers necessary or advisable

(a) with a ministry of the government respecting payments by the corporation for health care costs, and

(b) with a person or entity to advance the purposes of this Act.

Repealed

15-16   [Repealed 2003-94-11.]

Limitation

17   An action or proceeding by an insured against the corporation in respect of benefits, insurance money or indemnification payable under the plan must be commenced within one year after the happening of the loss or damage or after the cause of action arose, or as the regulations may provide in the case of any coverage, but not afterwards.

Financial responsibility in other provinces

18   (1) For the purpose of availing to persons insured under the plan or part of the plan financial responsibility of the kind and form required under the laws of another province, state or territory, the corporation may execute and file with the public authorities in that place, as required,

(a) a power of attorney authorizing acceptance of service of notice or process for itself or its insured in an action or proceeding arising out of the accident in the province, state or territory,

(b) an undertaking to appear in the action or proceeding, or

(c) an agreement to submit to the jurisdiction of the court in the province, state or territory and not to set up a defence in the action or proceeding that would not be available to an insurer under third party liability insurance coverage issued there,

and the corporation may do all acts necessary and incidental to the execution and filing of the documents referred to in paragraphs (a) to (c).

(2) If the corporation receives notice of process in an action or proceeding arising out of an accident that occurred outside British Columbia for which the insured may be liable, and it has, within 5 days of receiving the notice, either personally delivered to the insured or forwarded to the insured by registered mail to the last known address of the insured a copy of the notice, the insured is liable to reimburse the corporation on demand the amount the corporation has paid by reason of this section that it would not otherwise be liable to pay, and the corporation may enforce the right by action in court.

(3) If the insured is liable to reimburse the corporation for an amount that the corporation has paid by reason of this section that it would not otherwise be liable to pay and 30 days have elapsed after demand has been made by the corporation for reimbursement, section 20 (12), (13), (14) and (15) applies.

(4) In an action in another province of Canada against the corporation, or against a person insured with third party liability insurance coverage, arising out of an accident in that province, the corporation must appear and must not, as to third party liability insurance coverage, set up a defence to a claim under a certificate, including a defence as to the limit or limits of liability, that might not be set up if the claim were under vehicle insurance that provides third party liability insurance coverage issued in that province.

Relief from forfeiture

19   (1) [Repealed 2003-94-13.]

(2) If a forfeiture under section 75 would appear inequitable, the corporation may relieve a person affected by it from the forfeiture of all or any insurance money.

(3) The corporation must relieve an insured from a forfeiture of the benefits under section 75 that it considers equitable if, as a result of an accident, the insured dies or suffers a loss of function of mind or body that renders the insured permanently incapable of engaging in any occupation for wages or profit.

Repealed

19.1-19.2   [Repealed 2003-94-14.]

Uninsured vehicles

20   (0.1) In this section and section 24, "non-vehicle property" means property other than

(a) a vehicle and its contents, and

(b) permanently attached equipment as defined in section 170.

(1) In this section:

"claimant" means a person who alleges that the person has a right of action against an uninsured motorist for damages arising out of loss of or damage to non-vehicle property caused by or arising out of the use or operation of a motor vehicle, but does not include a person who is entitled to bring an action against the corporation under section 24;

"court" includes the civil resolution tribunal in respect of accident claims under the Civil Resolution Tribunal Act;

"motor vehicle" includes a trailer, but does not include

(a) a motor vehicle or trailer in respect of which there exists proof of financial responsibility given in the manner provided for by sections 106 to 113 of the Motor Vehicle Act, or

(b) a motor vehicle or trailer owned by, or by an agent of, the Crown in right of any other province or of Canada;

"owner", in relation to a motor vehicle, includes a lessee;

"uninsured motor vehicle" means a motor vehicle used or operated or owned by an uninsured motorist;

"uninsured motorist" means a person who uses or operates a motor vehicle on a highway in British Columbia when the person is not insured under third party liability insurance coverage that provides indemnity in a prescribed amount, not less than $100 000, against liability imposed by law arising out of loss of or damage to non-vehicle property caused by or arising out of the use or operation of a motor vehicle, and includes the owner of a motor vehicle that is used or operated on a highway in British Columbia when the owner is not so insured.

(2) A claimant may apply to the corporation, in the prescribed form, for payment of the damages to which the claimant claims to be entitled.

(3) The corporation must, on receiving an application under subsection (2), send by registered mail a notice of the application, in the prescribed form, to the uninsured motorist and, if the uninsured motorist is not the owner of the uninsured motor vehicle, to the owner of the uninsured motor vehicle, at the last addresses for them according to the records of the corporation.

(4) A notice sent under subsection (3) is deemed to have been received on the eighth day after mailing.

(5) If a notice is sent under subsection (3), the corporation may

(a) settle with or consent to judgment in favour of the claimant on behalf of and in the name of a person to whom the notice was sent, but if that person replies to the corporation within the time limited by the notice, denying liability, the corporation is not entitled to recover from that person an amount paid by it until it has recovered a judgment against that person as provided in subsection (11), or

(b) require the claimant to bring or continue an action against all persons who may be liable to the claimant for the damages claimed.

(6) If, in an action brought by a claimant, an uninsured motorist

(a) fails to file a response to civil claim or to appear in person or by counsel at the trial or assessment of damages,

(b) consents to the entry of judgment against the uninsured motorist, or

(c) does or fails to do anything that entitles the claimant to take default proceedings,

the corporation must not make a payment to the claimant under this section unless notice of the failure, consent or act of default has been given to the corporation in time to enable the corporation to rectify it and the corporation fails to intervene in the action within 30 days after receiving notice of the failure, consent or act of default.

(7) If the corporation receives notice under subsection (6), it may intervene in the action and, on behalf of and in the name of the uninsured motorist, whether or not the uninsured motorist is an infant, take any steps that the uninsured motorist might have taken in the action, and anything done by the corporation is deemed to be done by the uninsured motorist, but the failure of the uninsured motorist to comply with an order of the court or rule of court does not prejudice the corporation in a proceeding it may take in the action.

(8) A judgment by consent against an uninsured motorist who is an infant must not be entered without the approval of the court.

(9) If the corporation enters into a settlement with a claimant or a claimant obtains a judgment against an uninsured motorist in accordance with this section and the claimant has otherwise complied with this section and the regulations, the corporation may, subject to the regulations, pay all or part of the settlement or judgment.

(10) The corporation must not, without the consent of a person to whom a notice was sent under subsection (3), enter into a settlement on behalf of that person or consent to judgment against that person, for an amount in excess of the amount to be paid to the claimant by the corporation under subsection (9).

(11) The corporation, on making a payment to a claimant, is subrogated to the claimant's rights against any other person liable to the claimant for the damages claimed and may bring an action to recover the damages against the other person in its name or in the name of the claimant, but neither a settlement under subsection (5) (a) nor a consent to judgment under that subsection limits the defences that an uninsured motorist may raise against the corporation.

(12) Subject to subsection (5), the corporation may, in addition to any other remedy it may have, send a notice demanding reimbursement for damages or costs or both together with any interest that it has paid to a claimant to

(a) the uninsured motorist,

(b) the owner of the uninsured motor vehicle, if the owner of the uninsured motor vehicle is also liable for the damages caused, or

(c) both of the persons referred to in paragraphs (a) and (b),

at the last addresses for them according to the records of the corporation.

(13) The corporation may agree to accept payment in instalments from a person indebted to it under this section.

(14) If instalments to be paid by a person under an agreement referred to in subsection (13) are in arrears, the corporation may

(a) suspend the licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person, or

(b) refuse to issue to the person a driver's licence or a licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person.

(15) A person who is indebted to the corporation under this section may, on notice to the corporation, apply to the Supreme Court for an order that the person be permitted to pay the indebtedness in instalments in amounts and at times determined by the court, and on an order being made, subsections (13) and (14) apply to

(a) the corporation refusing to issue the person's driver's licence or a motor vehicle licence, a permit or corresponding number plates for a motor vehicle or trailer owned by the person, and

(b) the suspension of the person's motor vehicle licence, permit or corresponding number plates for a motor vehicle or trailer owned by the person.

(16) The corporation, on application by a person who would otherwise be a claimant but whose right of action has been extinguished because the person has, without the consent of the corporation, entered into a settlement with the uninsured motorist or the owner of the uninsured motor vehicle or both, may pay to the person that part, if any, of the amount owing and unpaid under the settlement that the corporation considers appropriate in the circumstances.

(17) The corporation must not consider an application by a claimant under this section if any other motorist who is liable for all or part of the claimant's damages is insured against liability in respect of those damages, but the corporation, if it considers it appropriate in the circumstances, may waive the requirements of this subsection in respect of any one or more of the persons against whom the claimant has a cause of action.

(18) The corporation must not pay a claimant who is not a resident an amount in excess of the amount that a resident would recover under the same circumstances from a similar fund in the jurisdiction in which the claimant ordinarily resides.

Repealed

21   [Repealed 2003-94-16.]

Corporation to be notified of action

22   (1) Every person commencing an action for damages caused by a vehicle or the use or operation of a vehicle in British Columbia must

(a) serve the corporation with a copy of the notice of civil claim in the manner provided for serving a defendant in the action, and

(b) file proof of the service in the court in which the action is pending.

(2) A further step in the action must not be taken until the expiration of 8 days after the filing.

Repealed

23   [Repealed 2003-94-18.]

Remedy for damage in hit and run accident

24   (1) Subject to subsection (1.1), if damage to non-vehicle property arises out of the use or operation of a vehicle on a highway in British Columbia and

(a) the names of both the owner and the driver of the vehicle are not ascertainable, or

(b) the name of the driver is not ascertainable, and the owner is not liable to an action for damages for the non-vehicle property damage,

any person who has a cause of action

(c) against the owner or the driver, as referred to in paragraph (a), or

(d) against the driver, as referred to in paragraph (b),

in respect of the non-vehicle property damage may bring an action against the corporation as nominal defendant, either alone or as a defendant with others alleged to be responsible for the non-vehicle property damage.

(1.1) In an action in which the names of both the owner and the driver of the vehicle are not known or ascertainable, recovery for non-vehicle property damage is limited to the amount by which the damages exceed the prescribed amount.

(2) Proceedings must not be brought against the corporation as nominal defendant under this section unless the person bringing them gives written notice to the corporation as soon as reasonably practicable and in any event within 6 months after the accident that caused the non-vehicle property damage.

(3) If, after an action referred to in subsection (1) has been commenced, it is alleged that the non-vehicle property damage was caused by or contributed to by another vehicle but

(a) the names of both the owner and the driver of the vehicle are not ascertainable, or

(b) the name of the driver is not ascertainable, and the owner is not liable to an action for damages for the non-vehicle property damage,

the corporation may be added as a nominal defendant on the application of any party and must be added as a nominal defendant on its own application.

(4) In an action against the corporation as nominal defendant, the corporation may deny generally the allegations in respect of the unidentified vehicle and its owner and driver, and need not set out the facts on which it relies.

(5) In an action against the corporation as nominal defendant, a judgment against the corporation must not be given unless the court is satisfied that

(a) all reasonable efforts have been made by the parties to ascertain the identity of the unknown owner and driver or unknown driver, as the case may be, and

(b) the identity of those persons or that person, as the case may be, is not ascertainable.

(6) If the identity of the unknown owner or driver is ascertained before judgment is granted in an action against the insurer as nominal defendant, then, despite the limitation period in the Motor Vehicle Act, that owner or driver must be added as a defendant in the action in substitution for the corporation, subject to the conditions the court may specify.

(7) The corporation may, at any stage, compromise and settle the claim of a person entitled to commence an action under this section.

(8) On judgment against the corporation as nominal defendant under this section and expiration of the time limited for appeal, or on the compromise and settlement of a claim under this section, the corporation must pay toward satisfaction of the judgment or claim an amount that the corporation is authorized to pay under this Act and the terms, conditions and limits of the plan.

(9) If, under this section, a judgment has been obtained against the corporation as nominal defendant or the corporation has settled a claim, the corporation may apply

(a) to the court where the judgment has been obtained, or

(b) if a claim has been settled, to the court that would have had jurisdiction to entertain an action for the recovery of damages to the amount of the settlement

for an order certifying that a person was, at the time of the accident, the owner or driver of the vehicle that caused the non-vehicle property damage in respect of which the judgment was obtained or settlement made.

(10) If the court hearing an application under subsection (9) is satisfied on the evidence that the person named in the application was at the time of the accident the owner, driver or both of the vehicle involved in that accident, it may make the order applied for, unless it is satisfied that the person would not have been liable for damages if the person had appeared and defended the action or, in the case of a claim settled before action, in an action that might have been brought to enforce the claim, or it may direct the trial of an issue.

(11) If, under subsection (10), a court makes an order or directs the trial of an issue, the person certified by the court is liable to the corporation for all amounts paid by the corporation pursuant to any judgment or settlement under this section.

(11.1) Subsection (11) applies whether or not the driver of the vehicle is named in an unexpired driver's certificate and whether or not the vehicle is specified in an applicable unexpired certificate.

(11.2) If subsection (11) applies, the amount for which the person certified is liable is a debt due and owing to the corporation and section 20 (12), (13) and (15) applies.

(12) The amount paid by the corporation to a claimant who is not a resident is limited to the lesser of

(a) the amount limited by this Act, and

(b) the amount that a resident could recover under the same circumstances from a similar fund in the jurisdiction in which the claimant ordinarily resides.

(13) In this section:

"court" includes the civil resolution tribunal in respect of accident claims under the Civil Resolution Tribunal Act;

"owner", in relation to a motor vehicle, includes a lessee.

Repealed

25-26   [Repealed 2003-94-20.]

Accident report

27   A person receiving an accident report under section 67 of the Motor Vehicle Act must, as soon as reasonably practicable after a request for it by the corporation, mail or deliver a copy to the corporation.

Medical reports for accidents before April 1, 2019

28   (1) If any of the following persons attends to, diagnoses, treats or is consulted by a person injured in an accident occurring in British Columbia before April 1, 2019, he or she must, whenever the corporation requests, provide the corporation, as soon as reasonably practicable, with a report of the injuries and their diagnosis and treatment and a prognosis, in any form or manner established by the corporation:

(a) a medical practitioner;

(a.1) a nurse practitioner;

(b) a person entitled to practise as a chiropractor under an enactment;

(c) a person entitled to practise dentistry under an enactment;

(d) a person entitled to practise physical therapy under the Health Professions Act;

(e) an employee of a hospital as defined in the Hospital Act.

(2) The form of the report and the manner of providing the report may be different for different persons referred to in subsection (1) (a) to (e) and may be different depending on the purpose for which the report is requested.

Health care reports for accidents on or after April 1, 2019

28.1   (1) This section applies to a health care practitioner who provides health care to a person injured in an accident occurring in British Columbia on or after April 1, 2019.

(2) A health care practitioner referred to in subsection (1) must provide the corporation with a report that includes the following information, to the extent that the information is known by the health care practitioner:

(a) the nature and extent of the injured person's injuries;

(b) the injured person's diagnosis;

(c) the injured person's condition at the time health care was provided;

(d) the treatment provided or recommended by a health care practitioner;

(e) the injured person's prognosis.

(3) The report referred to in subsection (2) must be provided

(a) as soon as reasonably practicable after a request by the corporation, and

(b) in any form or manner established by the corporation.

(4) The form of the report and the manner of providing the report may be different for different health care practitioners and may be different depending on the purpose for which the report is requested.

Employment information

29   An employer of a person who claims benefits, or on behalf of whom benefits are claimed, from the corporation must, whenever the corporation requests, provide to the corporation as soon as reasonably practicable

(a) a statement of the person's earnings in the form established by the corporation, and

(b) any other prescribed information that relates to the person's employment.

Superintendent's records

30   Despite any Act or law to the contrary, the corporation has access to all books, documents, records, reports and other things, and to all facilities of, belonging to or available to the superintendent under the Motor Vehicle Act, the ministry of the minister responsible for the administration of the Transportation Act or the Passenger Transportation Board, as the corporation may consider necessary to better carry out this Act and regulations.

Repealed

30.1   [Repealed 2003-94-25 as re-enacted 2006-28-26.]

Excess payments and deduction of premiums

31   (1) If the corporation has paid out money in excess of the amount authorized by the Act or the regulations, it may recover that excess by action as a debt due to the corporation.

(2) The corporation may deduct from the payment of insurance money the amount of any premium.

Repealed

32   [Repealed 2003-94-27.]

Application for insurance

33   (1) Subject to the regulations, at the time of or before applying for

(a) any class or kind of licence or permit for a motor vehicle or trailer or their use or operation under the Motor Vehicle Act or Commercial Transport Act, or

(b) registration of a notice of transfer under section 17 of the Motor Vehicle Act,

the applicant must apply for the corresponding certificate, and, at the same time, must pay to the person receiving the application the premium for the applicable certificate that, having been assessed against the applicant, is due and owing.

(2) The application for a certificate under subsection (1) may be made

(a) to a person appointed as agent of the corporation under this Act, or

(b) at the head office or a branch office of the corporation,

unless the Lieutenant Governor in Council, by regulation, otherwise directs.

Premiums for certificates

34   (1) The corporation may establish premiums for a certificate in accordance with this section.

(2) A premium for a certificate, other than a driver's certificate, may be based on one or more of the following:

(a) any region, as established by the corporation, in which a vehicle in respect of which insurance is provided by the certificate is used or kept;

(b) in relation to a vehicle in respect of which insurance is provided by the certificate,

(i) the type or class of the vehicle,

(ii) any use of the vehicle, or

(iii) any distance over which the vehicle has been or may be operated;

(c) the amount of third party liability insurance coverage provided by the certificate;

(d) the relationship between the applicant and any driver, and between any drivers, of a vehicle that is specified in the certificate;

(e) whether the applicant or an employee of the applicant and any driver, or whether any drivers, of a vehicle that is specified in the certificate, are members of the same household;

(f) the failure of the applicant to name, in an application for the certificate, a person who drives a vehicle that is specified in the certificate during the period of coverage under the certificate;

(g) the following information related to the applicant and any driver of a vehicle in respect of which insurance is provided by the certificate:

(i) the number of years the person has been driving;

(ii) the nature of the person's business and, if applicable, the number and type or class of employees employed in that business;

(iii) any jurisdiction in which the person has held a driver's licence and the class of driver's licence the person held;

(iv) the type and number of number plates issued to the person;

(v) the details of any accidents involving the person or a vehicle insured by the person occurring within a period established by the corporation;

(vi) the number, nature and kind of violations or offences referred to in subsection (3) (b) committed by the person, if any, within a period established by the corporation;

(vii) the number, nature and kind of suspensions or prohibitions from driving referred to in subsection (3) (c) imposed on the person, if any, within a period established by the corporation;

(h) the number or value, or both, of the vehicles in respect of which insurance is provided under the certificate;

(i) in relation to a vehicle insured as part of a fleet, claims made and premiums paid under insurance provided by the corporation;

(j) prescribed criteria;

(k) any other criteria approved by the commission.

(3) A premium for a driver's certificate may be based on one or more of the following:

(a) the details of any accidents involving the driver occurring within a period established by the corporation;

(b) the number, nature and kind of violations or offences committed by the driver, within a period established by the corporation, in contravention of any of the following:

(i) the Motor Vehicle Act or the Commercial Transport Act;

(ii) a municipal bylaw relating to the regulation of vehicular traffic;

(iii) a provision of the Criminal Code relating to the operation of a vehicle;

(iv) a law or a provision of a law of a jurisdiction other than British Columbia that is similar to a law or provision referred to in subparagraph (i), (ii) or (iii);

(c) the number, nature and kind of suspensions or prohibitions imposed on the driver, within a period established by the corporation, under the Motor Vehicle Act or a similar law relating to suspensions or prohibitions from driving of a jurisdiction other than British Columbia;

(d) prescribed criteria;

(e) any other criteria approved by the commission.

(4) The premium payable for a certificate is that established and assessed by the corporation for the certificate issued.

(5) A premium must be established by the corporation before the beginning of the period for which it is effective.

(6) The corporation may establish premiums for a certificate in a manner that ensures that an increase or decrease in the premiums, if any, from one period to the next, will be phased in as approved by the commission.

Repealed

35   [Repealed 2018-19-10.]

Blanket certificate

35.1   (1) Universal compulsory vehicle insurance may be provided by a blanket certificate under which, in the prescribed circumstances, the universal compulsory vehicle insurance provided by the blanket certificate applies instead of universal compulsory vehicle insurance provided by another certificate.

(2) A blanket certificate may be issued to

(a) a person who holds a licence under the Passenger Transportation Act that includes a transportation network services authorization, or

(b) a person in a prescribed class of persons.

(3) Universal compulsory vehicle insurance provided by a blanket certificate applies only if universal compulsory vehicle insurance is also provided by another certificate.

(4) In a circumstance in which universal compulsory vehicle insurance provided by a blanket certificate applies, the coverage provided by another certificate continues to apply, except to the extent that coverage is instead provided by the blanket certificate.

Collection of information relating to blanket certificates and certificates for taxis insured as part of fleet

35.2   (1) The corporation may require a person referred to in subsection (2) to provide to the corporation information, including personal information about the person or other persons, and records relating to or affecting any of the following:

(a) an application for a blanket certificate;

(b) an application for a certificate in relation to taxis to be insured as part of a fleet;

(c) the establishment of premiums for

(i) blanket certificates, or

(ii) certificates referred to in paragraph (b);

(d) an incident involving a motor vehicle insured under a blanket certificate, or a certificate referred to in paragraph (b), out of which arises

(i) injury or death to a person, or

(ii) damage to property;

(e) a prescribed matter.

(2) The corporation may require information or records under subsection (1) from any of the following:

(a) a person who holds or is applying for

(i) a blanket certificate, or

(ii) a certificate referred to in subsection (1) (b);

(b) a person who owns, drives, leases or dispatches motor vehicles to which a blanket certificate, or a certificate referred to in subsection (1) (b), relates;

(c) a person who collects or holds data on behalf of a person described in paragraph (a) or (b) of this subsection;

(d) a person in a prescribed class of persons.

(3) Information and records required under subsection (1) must

(a) be provided to the corporation in the form established by the corporation, and

(b) include the content required by the corporation.

(4) The corporation may, if information or records are not provided as required under this section, cancel or refuse to issue, as applicable, the certificate to which the information or records relate.

Issue of certificate

36   (1) Subject to the regulations, on payment of the premium assessed for a certificate, if a premium is assessed, and on approval of the application by the corporation, the corporation must issue the certificate to the applicant.

(2) A certificate and an application for it must be in a form required by the corporation, and must be designed and constituted

(a) to meet the interest of convenience and economy, and

(b) to adequately identify the permit or licence under the Motor Vehicle Act or Commercial Transport Act, or a motor vehicle or trailer or driver's licence, permit or other authority to drive a motor vehicle under the Motor Vehicle Act to which the owner's certificate or the driver's certificate corresponds.

(3) The corporation must provide for the issue and delivery of all motor vehicle liability insurance cards required under the Motor Vehicle Act by a person insured under a certificate but there may be printed on a certificate under the heading "Motor Vehicle Liability Insurance Card" particulars established by the corporation for motor vehicle liability insurance cards that are required under the Motor Vehicle Act, and the particulars so printed constitute a motor vehicle liability insurance card under and for the purpose of the Motor Vehicle Act.

(4) A document purporting to be a certificate under this Act and a motor vehicle liability insurance card, or either of them, either alone or in combination with any permit or licence for a motor vehicle or trailer or their use or operation, or any driver's licence, permit or other authority to drive a motor vehicle that bears a signature purporting to be the signature of the general manager of the corporation, unless the contrary is shown, is deemed to be a certificate or a motor vehicle liability insurance card, as applicable, issued under this Act to the person named in it.

(5) A motor vehicle liability insurance card must not be issued unless the insurance evidenced in it meets the minimum requirements for a certificate.

(6) [Repealed 2003-94-29 as re-enacted 2006-28-28.]

Certificate not issued in certain case

37   (1) An owner's certificate must not be issued under this Act for a motor vehicle or trailer or its use or operation for which a permit or licence is not required under the Motor Vehicle Act.

(2) An owner's certificate must not be issued for a motor vehicle or trailer for which the corporation refuses to issue a licence or permit under section 28 of the Motor Vehicle Act.

(3) A certificate issued contrary to subsection (1) or (2) is void and is deemed to have always been void.

(4) An owner's certificate is deemed to have lapsed and is void immediately when the vehicle, for which the owner's certificate was issued, is registered and licensed in another province or state.

(5) Subsection (4) does not apply if a reciprocal or prorate registration or licence is issued by another province or state in respect of a vehicle registered under the Commercial Transport Act.

Insurance condition precedent to licence

38   (1) Except for a vehicle exempted by the regulations, a permit of any kind and a licence, number plate or validation decal for a vehicle or for its use or operation must not be granted, issued or renewed under the Motor Vehicle Act or the Commercial Transport Act, unless at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a certificate other than a driver's certificate under this Act in respect of the vehicle for the term of the permit or licence, or part of that term as may be prescribed, and the applicant has paid the premium, if any, for the certificate.

(2) A driver's licence, permit or other authority to drive or operate a motor vehicle must not be issued or renewed under the Motor Vehicle Act, unless

(a) at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a driver's certificate under this Act for the term of that licence or permit or part of that term as may be prescribed, and

(b) the applicant has paid the premium, if any, established for that driver's certificate.

(3) If the corporation receives for registration a notice of transfer of a vehicle under section 17 of the Motor Vehicle Act, the corporation must refuse registration unless the transferee has paid the corporation

(a) the premium or fee prescribed for the transfer.

(b) [Repealed 2003-94-30 as re-enacted 2006-28-29.]

Effect of licensing action

39   (1) The suspension, revocation, cancellation or surrender, under any law, of a licence for a vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act automatically suspends, revokes or cancels, as the case may be, the certificate that corresponds to that permit or licence.

(2) The suspension, revocation, cancellation or surrender, under any law, of a driver's licence, permit or other authority to drive issued to a person under the Motor Vehicle Act automatically suspends, revokes or cancels, as the case may be, the driver's certificate in which that person is named and that corresponds to that licence, permit or other authority to drive.

(3) Despite this section, for the purposes of this Act an owner's certificate is not suspended or cancelled merely because of the surrender of a vehicle licence in compliance with a regulation made under section 216 (1) (f) of the Motor Vehicle Act, until the vehicle licence and corresponding number plates have been returned to the corporation.

Certificate in effect

40   (1) Subject to its earlier suspension, revocation, cancellation or surrender, a certificate other than a driver's certificate is, subject to the regulations, valid for the period beginning

(a) at the time and on the date of validation specified in the certificate, or

(b) at the beginning of the day on the effective date specified in the certificate,

whichever is later, and expiring

(c) at the end of the day on the date of expiry of the licence for the vehicle described in the certificate, or

(d) at the end of the day on the date specified in the certificate,

whichever is earlier.

(2) Despite the date of issue, a driver's certificate, unless earlier suspended, revoked, cancelled or surrendered, expires at the end of the day on the anniversary date of the driver's birth.

(3) For the purposes of subsection (2), the anniversary date of a person born on February 29, in other than leap years, is deemed to be March 1.

(4) Subject to the regulations, the applicant must, on application for renewal or replacement of a certificate, pay the corporation or its agent the premium established and assessed by the corporation for the applicable certificate.

(5) If a certificate other than a driver's certificate in respect of a vehicle is not, before its expiration, renewed or replaced by another certificate for the same vehicle, a permit or licence for that vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act that corresponds to the certificate, on the expiry of the certificate and without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate certificate.

(6) If a driver's certificate is not, before its expiration, renewed or replaced by another driver's certificate for the same person, the driver's licence, permit or other authority to drive under the Motor Vehicle Act of the driver and that corresponds to the certificate, by virtue of and from the time of the default, without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate driver's certificate.

Notification

41   (1) The superintendent must notify the corporation of every suspension or cancellation of a licence or a permit to drive that the superintendent under the Motor Vehicle Act imposes under that Act.

(2) The corporation may notify the Passenger Transportation Board of

(a) the default of a person in paying a premium due to the corporation for a certificate, or

(b) a suspension or cancellation of a certificate.

Offences

42   A person who contravenes section 11 (3), 27, 28 (1), 28.1 (2), 29, 30 or 35.2 (1) commits an offence and on conviction is liable to the penalties provided in the Offence Act.

Offence

42.1   (1) In this section, "claim" includes

(a) a claim for damages for injury, death or loss of or damage to property that arises out of the use or operation of a motor vehicle, if the claim is made against a person who is insured by the corporation for third party legal liability,

(b) an application to the corporation for benefits or insurance money to be paid by the corporation, and

(c) a claim under section 20 or 24.

(2) A person commits an offence who

(a) provides or causes another to provide to the corporation or its representatives information material to a claim that the person knew or ought to have known is false or misleading, whether the information is required under this Act or is volunteered, or

(b) makes a statement or representation to the corporation or its representatives that the person knew or ought to have known is false or misleading in order to obtain payment for goods or services provided to a person making a claim, whether or not the goods or services were actually provided to that person.

(3) The time limit for laying an information respecting an offence under this Act is the earlier of

(a) 18 months after the facts on which the information is based first came to the knowledge of the corporation, and

(b) 6 years after the information is provided or the statement or representation is made.

(4) An individual who commits an offence under subsection (2) is liable,

(a) on a first conviction, to a fine of not more than $25 000 or to imprisonment for not more than 2 years, or to both, and

(b) on each subsequent conviction, to a fine of not more than $50 000 or to imprisonment for not more than 2 years, or to both.

(5) A corporation that commits an offence under subsection (2) is liable,

(a) on a first conviction, to a fine of not more than $100 000, and

(b) on each subsequent conviction, to a fine of not more than $200 000.

(6) At the time of sentencing a person convicted of an offence under this section, the court may order that, in addition to any other penalty, the offender must pay compensation or make restitution to the corporation for the actual loss or damage caused by or arising out of the commission of the offence including, without limitation, compensation or restitution for

(a) any money paid by the corporation as a result of the commission of the offence, including, without limitation, any money paid to or on behalf of the offender, and

(b) any expenses incurred by the corporation in connection with the claim, including, without limitation, the expenses incurred by the corporation in relation to investigation, file handling and prosecution of the offence.

(7) If an order in favour of the corporation is made under subsection (6), the corporation may, by filing the order in a registry of the Supreme Court, enter as a judgment the amount ordered to be paid and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

(8) Nothing in this section precludes the corporation or any other person from taking any civil action or exercising any right of recovery against a person who commits an offence under this section.

Repealed

43-44   [Repealed 2020-10-16.]

Repealed

44.1   [Repealed 2003-94-36.]

Power to make regulations

45   (1) [Repealed 2003-94-37.]

(2) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations under this Part as follows:

(a) establishing, amending and revoking the plan of universal compulsory vehicle insurance for the insurance inside and outside British Columbia of losses, damages, injuries or deaths arising out of the perils and risks attendant on or relating to the use, operation or ownership of vehicles the Lieutenant Governor in Council may designate;

(b) establishing the terms, conditions and limits of insurance under the plan;

(c) [Repealed 2003-35-17.]

(d) respecting those persons who are or may be insured under the plan and the perils or risks for which insurance may be provided;

(d.1) respecting the benefits or insurance money payable to or on behalf of insured persons;

(d.2) authorizing the indirect collection of personal information about a person named in an application for a certificate as a driver of a vehicle specified in the certificate;

(e) respecting the insuring of vehicles that are part of a fleet, or used for commerce or business, defining the meaning of "fleet" and specifying the circumstances in which vehicles must be insured as part of a fleet or as commercial or business vehicles;

(f) prescribing the duration of the period of coverage provided under a certificate, or a certificate that comes within a prescribed class or subclass and permitting the corporation to specify the duration of the period of coverage in particular cases;

(f.1) prescribing the effective date or expiry date, or both, of a certificate;

(f.2) respecting the issue of a licence or permit the corporation is authorized to issue under the Motor Vehicle Act or the Commercial Transport Act;

(f.3) authorizing the corporation to assess a premium against an applicant at the times and under the terms and conditions the corporation considers appropriate;

(f.4) respecting the payment of premiums, including, without limitation,

(i) providing when premiums may or must be paid, and

(ii) establishing that the amount of a premium or any part of it is a debt due and owing to the corporation;

(f.5) prescribing criteria for the purposes of section 34 (2) (j) and (3) (d);

(f.6) respecting blanket certificates;

(g) [Repealed 2003-94-37.]

(h) prescribing rights of salvage in favour of the corporation that may be considered necessary for the purposes of the plan;

(i) [Repealed 2003-35-17.]

(j) establishing a plan for payment by the corporation to any person sustaining loss from bodily injury or death, or damage to property, arising out of the use or operation of a motor vehicle where

(i) the name of the owner, lessee or driver is not ascertainable, or

(ii) the name of the driver is not ascertainable and neither the owner nor the lessee is liable;

the terms, conditions and limits of liability of the corporation under the plan and the duties and liabilities of the owners and drivers of motor vehicles respecting reimbursement of the corporation for the payments;

(k) establishing and determining, with respect to the plan, the right of a person who would have a cause of action in British Columbia against the owner, lessee or driver of an uninsured motor vehicle to apply to the corporation for payment of damages and the terms and conditions and limits of liability of the corporation for payment of the claims for damages, and determining whether payment and the amount of payment are within the discretion of the corporation, and providing for the obtaining of consents to payment by those persons liable for the losses, damages, injuries or deaths, and the execution under seal or otherwise of agreements by those persons liable for the repayment to the corporation of amounts paid to claimants;

(l) providing that the corporation is an agent of the owner or lessee of every uninsured motor vehicle for service of notice of process in an action in British Columbia arising out of the use or operation in British Columbia of an uninsured motor vehicle and the manner of giving that notice to the corporation and the defendant;

(m) providing, with respect to the plan, for settlement and payment of a claim, judgment or unsatisfied portion of a judgment, for damages for injury to, or the death of, any person or loss of, or damage to, property caused in British Columbia by an uninsured motor vehicle owned or operated by a person, or leased to a lessee, in British Columbia, the terms and conditions governing payment and the maximum amount of money payable respecting any person, accident or occurrence;

(n) determining the residence of persons for purposes of this Act, the regulations and the plan, and determining the rights of non-residents to receive benefits or payments of any kind under the plan, or exempting non-residents, as described in the regulations, from this Act or the regulations;

(o) authorizing additional services and expenditures by the corporation on behalf of a person insured under a certificate and providing that the corporation may, in the name and on behalf of any person insured by a certificate, defend at its cost any civil action brought against the person by anyone respecting a loss, damage, injury or death for which the person may be liable and designating the terms and conditions governing the provision of additional services and the making of additional expenditures;

(p) [Repealed 2003-35-17.]

(q) respecting the combining of fees payable under the Motor Vehicle Act and the premium payable under this Act;

(q.1) allowing the corporation to set the amounts of, and recover, prescribed fees, charges or interest;

(q.2) respecting the recovery of the fees, charges and interest referred to in paragraph (q.1), including, without limitation, establishing that the fees, charges or interest are debts due to the corporation;

(r) providing for and prescribing the conditions governing the refund or rebate of all or part of a premium paid to the corporation under this Act and the plan;

(s) to (v) [Repealed 2003-94-37.]

(w) prescribing the deductible amount that applies to property damage claims made under section 24.

(x) [Not enacted.]

(y) [Repealed 2003-37-26.]

(2.1) For the purposes of subsection (2) (e), the definition of "fleet" may be based on a minimum number of vehicles, and other criteria for the vehicles, established by the corporation.

(2.2) A regulation under subsection (2) (e) may require vehicles to be insured as a fleet if the fleet comprises a number of vehicles greater than a number established by the corporation and the vehicles meet other criteria established by the corporation.

(2.3) For the purposes of establishing a number of vehicles referred to in subsections (2.1) and (2.2), if a licence authorizes a driver to operate any vehicle on which a number plate associated with the licence is displayed, the corporation may count that licence as if it is a vehicle.

(2.4) Without limiting subsection (2) (f.6), a regulation under that subsection may do any of the following:

(a) specify the persons to whom the corporation is permitted or required to issue blanket certificates;

(b) specify circumstances in which

(i) universal compulsory vehicle insurance provided under a blanket certificate applies instead of universal compulsory vehicle insurance provided under one or more other specified certificates, or

(ii) coverage provided by a blanket certificate applies instead of some or all of the coverage provided by one or more other specified certificates.

(3) [Repealed 2003-94-37.]

(4) Subject to section 85, the observance of terms or conditions established under subsection (2) is a condition precedent to a person obtaining benefits, insurance money or indemnification provided under the plan.

(5) The Lieutenant Governor in Council may, by regulation, exclude or exempt a non-resident or class of non-residents and a vehicle or class of them from the operation of all or part of this Part or the regulations under this Part, or all or part of the plan, on the terms and conditions the Lieutenant Governor in Council prescribes.

Regulations respecting health care fees

45.1   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act or under section 45, the Lieutenant Governor in Council may make regulations under this Part as follows:

(a) respecting the amount payable as benefits for the provision of health care by a health care practitioner to an insured person, including, without limitation, regulations adopting a payment schedule under section 26 of the Medicare Protection Act;

(b) authorizing the corporation to enter into an agreement with a health care practitioner respecting the amount payable by the corporation as benefits for the provision of health care by a health care practitioner to an insured person;

(c) for the purposes of paragraph (c) of the definition of "health care practitioner" in section 1, prescribing classes of persons and enactments;

(d) for the purposes of paragraph (d) of the definition of "health care practitioner" in section 1, prescribing classes of persons.

(2) A regulation under subsection (1) (a) or (b) may

(a) be different for different types or classes of health care practitioners,

(b) be different for different types or classes of health care,

(c) in respect of a particular type or class of health care practitioner or a particular type or class of health care, be different for different geographical areas of British Columbia, and

(d) be different for different types or classes of agreements.

(3) A regulation under subsection (1) (a) may adopt by reference, in whole or in part and with any change the Lieutenant Governor in Council considers necessary, a payment schedule under the Medicare Protection Act as it stands at the time of adoption or as amended from time to time.

(4) to (8) [Repealed 2020-10-17.]

Repealed

46   [Repealed 2003-94-38.]

Repealed

46.1   [Repealed 2003-37-26.]

Review of regulations

46.11   (1) At least once every 5 years, the minister must initiate a review of the following:

(a) the amount, set by a regulation made under section 45 (2) (d.1), of the benefits payable to or on behalf of an insured person;

(b) the amount, set by a regulation made under section 45.1 (1) (a), payable as benefits for the provision of health care by a health care practitioner to an insured person;

(c) the amount, set by a regulation made under section 169 (2) (b), of the benefits payable for the provision of health care by a health care practitioner to an insured person;

(d) amounts prescribed by a regulation for the purposes of a provision of Part 10.

(2) A review under subsection (1) must be conducted in consultation with the corporation and any other person or organization the minister considers appropriate.

(3) A report on the results of the review

(a) must be submitted to the minister within one year after the review is initiated, and

(b) may include recommendations to amend a regulation reviewed.

(4) After receiving the report under subsection (3), the minister must,

(a) if the Legislative Assembly is in session, promptly lay the report before the Legislative Assembly, or

(b) if the Legislative Assembly is not in session, promptly file the report with the Clerk of the Legislative Assembly.

(5) For the purposes of subsection (1) (a) and (b), the first 5-year period begins on April 1, 2019.

(6) For the purposes of subsection (1) (c) and (d), the first 5-year period begins on April 1, 2024.

Jurisdiction of the commission

46.2   (1) Nothing in this Act limits the jurisdiction of the commission under Part 2 of the Insurance Corporation Act.

(2) In the event of a conflict between this Act and Part 2 of the Insurance Corporation Act, Part 2 of the Insurance Corporation Act applies.

(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation Act but subject to directions issued to the commission under section 47 of that Act or section 3 of the Utilities Commission Act, the commission has the jurisdiction to do the following at any time and for any purpose related to rates within the meaning of section 44 (3) (a) of that Act:

(a) approve, require the replacement of or override and replace, whether or not prescribed by the Lieutenant Governor in Council,

(i) premiums, or

(ii) the criteria on which a premium is based;

(b) establish interim premiums.

Part 2

Not in force. Repealed

47-51   [Not in force. Repealed 2006-33-1.]

Part 3

Repealed

52-57   [Repealed 2003-94-40.]

Part 4 — Optional Insurance Contracts

Definitions and interpretation

57.1   (1) In this Part:

"non-owner's policy" means a vehicle liability policy evidencing an optional insurance contract that insures a person solely in respect of the use or operation by the person or on the person's behalf of a vehicle that is not owned by the person;

"owner's policy" means a vehicle liability policy evidencing an optional insurance contract that insures a person in respect of

(a) the ownership, use or operation of a vehicle that is

(i) owned by him or her, and

(ii) within the description or definition of that vehicle in the policy, and

(b) if the optional insurance contract so provides, in respect of the use or operation of any other vehicle;

"prescribed condition" means a term or condition prescribed under section 72 (a).

(2) For the purposes of this Part, a person is not considered to be the owner of a vehicle only because the person has a lien on the vehicle or has legal title to the vehicle as security.

Application of this Part

58   This Part applies to

(a) optional insurance contracts that are made or renewed in British Columbia and that take effect on or after the date this section comes into force,

(b) claims under those contracts, and

(c) insureds and insurers in relation to those contracts.

Not in force. Repealed

59   [Not in force. Repealed 2006-28-35.]

Duty of insurer

60   An optional insurance contract evidenced by a vehicle liability policy, other than a vehicle liability policy that extends coverage specified in a certificate, must provide that if a person insured by the contract is involved in an accident resulting from the ownership, use or operation of a vehicle, or, in the case of a leased motor vehicle, from the possession of the leased motor vehicle by the lessee or the use or operation of the motor vehicle, in respect of which insurance is provided under the contract and resulting in loss or damage to persons or property, the insurer must, at its own expense, do the following:

(a) on receipt of notice of a claim for damages brought against an insured, assist the insured by investigating and negotiating a settlement, if in the opinion of the insurer the assistance is necessary;

(b) defend in the name of the insured any action for damages brought against the insured;

(c) pay costs, expenses, interest and reimbursement that are prescribed by the regulations.

Coverage of optional insurance contracts

61   (1) An optional insurance contract may only

(a) extend coverage for every insured that is specified in a certificate or policy to a limit that is in excess of that provided by the certificate or policy on the same terms and conditions as under that certificate or policy, except as provided under subsection (1.1) or the regulations,

(b) extend coverage for every insured that is provided under Part 10 to a limit that is in excess of that provided under Part 10 on the same terms and conditions as under Part 10, except as provided under subsection (1.1) or the regulations, or

(c) provide coverage that is not provided under Part 10, or

(d) provide coverage that is not specified in

(i) a certificate, or

(ii) a policy that extends the coverage that is specified in a certificate or provided under Part 10.

(1.1) Subject to subsections (1.2) and (2) and the regulations, an optional insurance contract referred to in subsection (1) (a) or (b) may prohibit a specified person or class of persons from using or operating the vehicle, exclude coverage for a specified risk or provide different limits of coverage for different persons or risks or classes of persons or risks.

(1.2) An optional insurance contract may not, in respect of third party liability insurance coverage,

(a) prohibit a person who is living with and as a member of the family of

(i) the owner of the vehicle, and

(ii) in the case of a leased motor vehicle, if the policy was purchased by the lessee, of the lessee of the motor vehicle,

from using or operating the vehicle, or

(b) exclude or provide different limits of coverage for that person.

(2) A prohibition, an exclusion or a limit referred to in subsection (1.1) is not binding on the insured unless the policy has printed on it in a prominent place in conspicuous lettering the words "This policy contains prohibitions relating to persons or classes of persons, exclusions of risks or limits of coverage that are not in the insurance it extends".

(3) and (4) [Not in force. Repealed 2006-28-37.]

(5) Despite any provision in an optional insurance contract extending the limit of coverage specified in a certificate or a policy, the coverage under the optional insurance contract terminates if the coverage provided by the certificate or policy terminates.

(6) Coverage that is prohibited by the regulations is null and void.

(7) Despite any provision of this Act or the regulations, an insurer is not liable to an insured under an optional insurance contract for loss or damage in circumstances specified in the owner's policy if

(a) the optional insurance contract relates to a vehicle that is not required under the Motor Vehicle Act to be licensed and insured, and

(b) the owner's policy is endorsed with a statement that the insurer is not liable to the insured for loss or damage in those circumstances.

(8) In subsection (2), "policy" does not include an interim receipt, a renewal receipt or a binder.

Coverage of non-owner's policy

62   Every optional insurance contract evidenced by a non-owner's policy insures the person named in it and any other person who is named in the non-owner's policy, against liability arising out of

(a) bodily injury to or the death of a person, or

(b) loss of or damage to property

caused by a vehicle to which the non-owner's policy applies or the use or operation of the vehicle.

Copy of application in policy

63   (1) An insurer who issues a policy evidencing an optional insurance contract must ensure that embodied in, endorsed on or attached to the policy when issued is a copy of whichever of the following is applicable:

(a) the written application for the optional insurance contract, signed by the insured or the insured's agent;

(b) if no signed application is made, a copy of the purported application;

(c) if the application forms part of a larger application, a copy of that part of the larger application or purported application that is material to the optional insurance contract.

(2) If no signed written application is received by the insurer before the issue of the policy, the insurer must deliver or mail to the insured named in the policy, or to the insured's agent, a form of application to be completed and signed by the insured and returned to the insurer.

(3) The insurer must deliver or mail to the insured named in the policy, or to the insured's agent, the policy or a true copy of it and every endorsement or other amendment to the optional insurance contract.

(4) If a written application signed by the insured or the insured's agent is made for an optional insurance contract, the policy evidencing the optional insurance contract is deemed to be in accordance with the application unless the insurer points out in writing to the insured named in the policy in what respect the policy differs from the application, and in that event the insured is deemed to have accepted the policy unless within one week from the receipt of the notification the insured informs the insurer in writing that the insured rejects the policy.

(5) On every application form and policy, other than an interim receipt, a renewal receipt or a binder, the following must be printed in a prominent place in conspicuous lettering:

"Under section 75 of the Insurance (Vehicle) Act, your claim is invalid if at any time you fail to provide complete and accurate information, violate a term or condition of your policy or commit fraud. This is a summary. For full information, see section 75 of the Insurance (Vehicle) Act."

(6) In this section, a reference to a written application that is signed by the insured or the insured's agent includes an electronic application with an electronic signature of the insured or the insured's agent.

(7) The requirements of subsections (1) and (3) are met if

(a) an insurer

(i) makes the policy accessible on a website, and

(ii) delivers to the insured the items referred to in subsection (1) (a) to (c), as applicable, together with the address of the website, and

(b) the insured gives written consent to accept delivery of the policy in that manner,

but if the insured later requests, the insurer must deliver or mail the policy or a true copy of it to the insured.

Use of statements in application for optional insurance contract

64   (1) A statement of the applicant must not be used in defence of a claim under the optional insurance contract unless it is contained in the signed written application or, if no signed written application is made, unless it is contained in the purported application, or part of it, that is embodied in, endorsed on or attached to the policy.

(2) A statement contained in the purported application, or part of it, other than a statement describing the risk and the extent of the insurance, must not be used in defence of a claim under the optional insurance contract unless the insurer proves that the applicant made the statement attributed to the applicant in the purported application, or part of it.

Limits on physical damage

65   Subject to the regulations, an insurer may provide for exclusions and limits of loss in an optional insurance contract, in respect of loss of or damage to or the loss of use of the vehicle.

Agreement for partial payment of claim by insured

66   (1) Nothing in this Part or the regulations under this Part precludes an insurer from entering into an agreement with its insured under an optional insurance contract providing that the insured will reimburse the insurer in an agreed amount in respect of any claim by or judgment in favour of a third party against the insured.

(2) An agreement referred to in subsection (1) may be enforced against the insured.

Partial payment of loss clause

67   (1) An optional insurance contract providing insurance against loss of or damage to a vehicle or the loss of use of it may contain a clause to the effect that, in the event of loss, the insurer must pay only

(a) an agreed portion of any loss that may be sustained, or

(b) the amount of the loss after deduction of a sum specified in the policy,

and in either case not exceeding the amount of the insurance.

(2) If an optional insurance contract contains a clause referred to in subsection (1), the clause is not binding on the insured unless the policy has printed on it in a prominent place in conspicuous lettering the words "This policy contains a partial payment of loss clause".

(3) In subsection (2), "policy" does not include an interim receipt, a renewal receipt or a binder.

Relief from forfeiture

68   If there has been

(a) imperfect compliance with a term or condition of an optional insurance contract as to the proof of loss to be given by the insured or other requirement of the insured with respect to the loss, and a consequent forfeiture under section 75, or

(b) a termination of the optional insurance contract by a notice that was not received by the insured owing to the insured's absence from the address to which the notice was addressed and a consequent denial of a claim

and the court considers the forfeiture or denial inequitable on that ground, the court may, on terms it considers just, relieve against the forfeiture or denial.

Persons forbidden to act as agent

69   A person carrying on the business of financing the sale or purchase of vehicles and a vehicle dealer, insurance agent or broker, and an officer or employee of such a person, dealer, agent or broker, must not act as the agent of an applicant for the purpose of signing an application for an optional insurance contract.

Protection of insurance agent commission

70   (1) In this section, "agent" means an insurance agent licensed under Division 2 of Part 6 of the Financial Institutions Act and authorized by a licensed insurer on its behalf to solicit and receive applications for insurance and to collect premiums, and whose compensation or profit for that consists wholly of a commission on premiums derived from that business.

(2) The commission, if any, on any policy issued at the head office of an insurer in British Columbia must be paid to an agent, and there must be written on the policy the words "Issued on behalf of ________________, resident authorized agent at ________________", with the name of the agent and of the place where the agent carries on business.

(3) The person in charge of the head office of an insurer in British Columbia must immediately, on the issue of a policy at the head office, notify the agent of the date of the policy, the name of the insured and the vehicle insured, if any.

Statistical information

71   (1) The minister may enter into an agreement with a person or agency to

(a) compile information provided by insurers, and

(b) make an analysis of the information available to the superintendent, insurers and the public.

(2) If the minister enters into an agreement referred to in subsection (1), the minister must provide insurers with a copy of the agreement as soon as practicable.

(3) The person or agency referred to in subsection (1) must not disclose the information provided by an insurer under this section except to the superintendent or as required by law.

Power to make regulations

72   Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act or under section 73, the Lieutenant Governor in Council may make regulations under this Part as follows:

(a) prescribing terms and conditions that are required to be contained in optional insurance contracts or in a prescribed class of optional insurance contracts;

(b) providing that any or all of the prescribed conditions

(i) form part of every optional insurance contract or of a prescribed class of optional insurance contracts,

(ii) do not form part of a prescribed class of optional insurance contracts or of a specific contract,

(iii) apply only in respect of a specified type of coverage, or

(iv) do not apply in respect of a specified type of coverage;

(b.1) requiring that the prescribed conditions, with the variations, omissions or additions that are applicable because of a regulation under paragraph (b), be printed on every policy, other than an interim receipt, a renewal receipt or a binder, issued on or after the effective date of the prescribed conditions, with the heading "Prescribed Conditions";

(b.2) requiring that other specified information be printed on a policy, other than an interim receipt, a renewal receipt or a binder, issued on or after the effective date of the regulation;

(b.3) respecting those persons who are or may be insured under optional insurance contracts or a prescribed class of optional insurance contracts and the perils or risks for which insurance may be provided;

(b.4) respecting the insurance money payable to or on behalf of insured persons;

(c) permitting the superintendent to approve forms of application, policy or endorsement in respect of vehicle insurance or a class of forms, and to revoke approval of a form or a class of forms;

(d) requiring forms of application, policy or endorsement in respect of vehicle insurance or a class of forms, to be approved by the superintendent;

(e) authorizing the superintendent to approve a form of policy or part of it or endorsement evidencing an optional insurance contract that varies, omits or adds to any prescribed condition in prescribed circumstances;

(f) permitting insurers to file with the superintendent and use a form or class of forms that has not been approved by the superintendent until the superintendent has given written notice that the form or class of forms is not approved;

(g) prohibiting the use of a form or class of forms that has not been approved by the superintendent;

(h) requiring the superintendent to give written reasons in prescribed circumstances for approving or not approving a form or class of forms or for revoking an approval;

(i) permitting an insurer to require information from an insured that is additional to that in a form approved by the superintendent and exempting that information from the application of sections 64 and 75;

(j) respecting nuclear energy hazard liability insurance;

(k) prohibiting insurance or coverage against a class of risk or peril;

(l) prescribing circumstances in which an insurer is not liable, or in which an insurer may provide that it is not liable, under an optional insurance contract;

(m) respecting an evaluation process for settling disputes between an insurer and an insured about the nature and extent of repairs required for a vehicle, replacement of a vehicle or the amount payable in respect of direct loss of or damage to the vehicle and how the costs of the evaluation are paid;

(n) exempting prescribed disputes or disputes in prescribed circumstances from the evaluation process;

(n.1) providing that prescribed disputes may or must be submitted to arbitration, and governing the rights and obligations of the arbitrator and a party to the arbitration;

(o) prescribing the costs, expenses, interest and reimbursement that must be paid by an insurer under section 60;

(p) providing for exclusions of coverage for specified persons or risks;

(q) providing for different limits of loss or liability for different people insured under an optional insurance contract;

(r) excluding the operation, use or loss of a vehicle from the definition of "vehicle insurance";

(s) respecting the rights and obligations of an insurer;

(t) respecting exceptions for the purposes of section 61 (1) (a) or (b).

Variation of prescribed conditions

72.1   Subject to sections 66 and 67 and the regulations, no variation or omission of or addition to a prescribed condition is binding on the insured.

Power to make regulations establishing an insurer of last resort

73   Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act or under section 72, the Lieutenant Governor in Council may make regulations as follows:

(a) requiring an insurance company to be incorporated under the Financial Institutions Act within a specified period of time by insurers that are authorized to carry on vehicle insurance business in British Columbia;

(b) specifying the purpose of the insurance company;

(c) requiring the insurance company to apply for a business authorization under the Financial Institutions Act;

(d) requiring every insurer that is authorized to carry on vehicle insurance business in British Columbia to be a member of the insurance company;

(e) requiring the insurance company to enter into optional insurance contracts with owners of vehicles, or, in the case of leased motor vehicles, lessees of leased motor vehicles, who are unable to enter into optional insurance contracts with any other insurer;

(f) requiring the insurance company to establish the circumstances under which it determines that an owner or lessee is unable to enter into an optional insurance contract with any other insurer and requiring the superintendent to approve those circumstances;

(g) respecting coverage, limits of loss or liability and other terms and conditions that must be included in an optional insurance contract provided by the insurance company;

(h) exempting the insurance company from a provision of the Financial Institutions Act and the regulations under that Act;

(i) specifying the duration of an exemption under paragraph (h);

(j) applying provisions of the Utilities Commission Act to the insurance company.

Part 5 — Provisions Relating to the Plan and Optional Insurance

Application of this Part

74   This Part applies to

(a) insurance under the plan and optional insurance contracts that

(i) is obtained or renewed in British Columbia, and

(ii) takes effect on or after the date this section comes into force,

(b) claims under that insurance, and

(c) insureds and insurers in relation to that insurance.

Civil resolution tribunal

74.1   In sections 83, 84 and 86, "court" includes the civil resolution tribunal in respect of applicable accident claims under the Civil Resolution Tribunal Act.

Forfeiture

75   All claims by or in respect of the applicant or insured are invalid and the right of an applicant, an insured, or a person claiming through or on behalf of an applicant or insured or of a person claiming as a dependant of the applicant or the insured, to insurance money under the plan or an optional insurance contract, is forfeited if

(a) the applicant for coverage under the plan or the optional insurance contract

(i) to the prejudice of the insurer, falsely describes the vehicle in respect of which the application is made, or

(ii) knowingly misrepresents or fails to disclose in the application a fact required to be stated in it,

(b) the insured violates a term or condition of or commits a fraud in relation to the plan or the optional insurance contract, or

(c) the insured makes a wilfully false statement with respect to the claim.

Third party rights

76   (1) In this section and sections 77 and 78, "claimant" means a person who has a claim or a judgment against an insured for which indemnity is provided by the plan or an optional insurance contract.

(2) Even though he or she does not have a contractual relationship with the insurer, a claimant is entitled, on recovering a judgment against an insured or making a settlement with the insurer, to have the insurance money applied toward the claimant's judgment or settlement and toward any other judgments or claims against the insured who is covered by the indemnity.

(3) The claimant may, on behalf of himself or herself and all persons having judgments or claims against the insured who is covered by the indemnity, bring an action against the insurer to have the insurance money applied in accordance with subsection (2).

(4) The insurer may at any stage compromise or settle the claim.

(5) A creditor of the insured is not entitled to share in the insurance money unless the creditor's claim is one for which indemnity is provided for by the plan or the optional insurance contract.

(6) The following do not prejudice the right of a person entitled under subsection (2) to have the insurance money applied toward the person's judgment or settlement, and are not available to the insurer as a defence to an action under subsection (3):

(a) assignment, transfer, surrender, cancellation, suspension, waiver or discharge of coverage under the plan or an optional insurance contract or under a provision of the plan or an optional insurance contract, or of an interest in either of them or of insurance money payable under either of them, made by the insured after the event giving rise to a claim under the plan or optional insurance contract occurs;

(b) an act or default of the insured before or after the event giving rise to a claim under the plan or an optional insurance contract in contravention of this Act or the regulations or of the plan or optional insurance contract;

(c) contravention of the Criminal Code or of a law or statute of any province, state or country by the owner, lessee or driver of the vehicle in respect of which the insurance money is payable under a certificate or policy.

(7) An action must not be brought against an insurer under subsection (3) after the expiration of one year from the final determination of the action against the insured, including appeals, if any.

(8) It is not a defence to an action under subsection (3) that an instrument issued as a vehicle liability policy by an insurer and alleged by a party to the action to be such a policy is not a vehicle liability policy and this section and sections 77 and 78 apply.

Rights of insurer

77   (1) Despite section 76 (6), an insurer may avail itself, against a person claiming under section 76 (3) in respect of property damage under an optional insurance contract, of any defence that the insurer is entitled to set up against the insured.

(2) Without limiting section 93.1 and in addition to any other remedy, if an insurer has paid an amount to a person under section 76 by way of settlement or otherwise, that it would not otherwise be liable to pay, and has personally delivered or forwarded by registered mail to the last known address of the insured a demand for reimbursement of that amount, the insured is liable to reimburse the insurer that amount, and the insurer may enforce the right by action in court.

(3) Whether or not the insured has filed a defence in the action, if an insurer denies liability to an insured under the plan or an optional insurance contract, the insurer may issue and serve a third party notice and be made a third party in any action to which the insured is a party and in which a claim is made against the insured by a party with respect to which it is or might be asserted that indemnity is provided by the plan or an optional insurance contract.

(4) On being made a party under subsection (3), the insurer has the right to contest the insured's liability to any party claiming against the insured, and to contest the amount of any claim made against the insured, as if the insurer were a defendant in the action, including the right to

(a) deliver a response to civil claim to the claim of any party claiming against the insured,

(b) deliver other pleadings,

(c) have production and discovery from any party adverse in interest, and

(d) examine and cross examine witnesses at trial.

(5) If an insured agrees that the insurer would not, except for section 76, be or become liable to make a payment in respect of a claim against the insured, the insured may at any time undertake to reimburse the insurer by

(a) giving a written undertaking to repay the amount paid by the insurer to or on behalf of the claimant, and

(b) executing a consent to the payment by the insurer of that amount.

(6) The insurer may, on payment of an amount under section 76 that it would not otherwise be liable to pay, require an assignment of the judgment from the claimant in a form registrable under the Land Title Act, to the extent of that payment.

(7) An insurer to whom an assignment is provided under subsection (6) may register that assignment under the Land Title Act unless, within 30 days after the date of a demand provided to the insured under subsection (2), the insured delivers to the chief agency or head office of the insurer in British Columbia a written notice by which the insured disputes his or her liability to reimburse the insurer.

(8) If the insurer has paid money in satisfaction of a claim, settlement or judgment under section 76 or by agreement under subsection (5) of this section, and the insured has not reimbursed the amount for which the insured is liable under subsection (2) or that the insured has agreed to reimburse the insurer under subsection (5)

(a) the insurer may agree to accept payment in instalments from the insured, and

(b) the insured may, on notice to the insurer, apply to the Supreme Court for an order that he or she be permitted to pay the insurer in instalments in amounts and at times determined by the court.

(9) The insurer may apply to court to require any other insurers liable to indemnify the insured in whole or in part in respect of judgments or claims to which reference is made in section 76 (2) to

(a) be made parties to the action, and

(b) contribute according to their respective liabilities, whether the contribution is rateably or by way of primary or excess insurance, as the case may be.

Payment of insurance money into court

78   (1) The insurer may apply to the court without notice to any person for an order allowing it to pay the insurance money into court, and the court may so order, on the notice, if any, it considers necessary if

(a) a person obtains a judgment against an insured and is entitled to bring an action under section 76 (3), and

(b) there are or may be other claimants, or there is no willing person capable of giving and authorized to give a valid discharge for payment.

(2) If an insurer pays money into court in accordance with an order made under subsection (1), the registrar or other proper officer of the court may give a receipt to the insurer for that payment.

(3) An insurer to whom a receipt is given under subsection (2) is discharged from

(a) any liability for the money paid, and

(b) any claims in respect of the money paid that might be made by or on behalf of the persons entitled to the money.

Defence if more than one contract

79   (1) The insured or an insurer may apply to the court and the court must give directions it considers proper with respect to the performance of the obligation to defend in the name and on behalf of the insured if

(a) a person is insured under more than one optional insurance contract evidenced by vehicle liability policies or under the plan and one or more optional insurance contracts evidenced by vehicle liability policies, and

(b) a question arises between an insurer and the insured or between the insurers as to which insurer must undertake the obligation to defend.

(2) Subsection (1) applies whether

(a) the insurance provided by the optional insurance contract is primary or excess, or

(b) an insurer accepts or denies liability under the plan or its optional insurance contract.

(3) On an application under subsection (1), the only parties entitled to notice and to be heard are the insured and his or her insurers, and no material or evidence used or taken on the application is admissible on the trial of an action brought against the insured for bodily injury to or the death of a person or loss of or damage to property caused by the vehicle or the use or operation of the vehicle in respect of which the insurance is provided.

(4) An order under subsection (1) does not affect the rights and obligations of the insurers in respect of payment of any indemnity under their respective policies.

(5) If insurance is provided to the insured under more than one optional insurance contract or under the plan and one or more optional insurance contracts and one or more of them are excess insurance, the insurers must, as between themselves, contribute to the payment of costs, expenses, interest and reimbursement in accordance with their respective liabilities for

(a) damages awarded against the insured, or

(b) the amount payable under a settlement made on behalf of the insured.

Other insurance

80   (1) If there is an optional insurance contract and any other vehicle insurance, including insurance under the plan or another optional insurance contract, none of which is excess to the others, that insures against the same loss or liability, an insurer is liable only for its rateable proportion of any loss, liability or damage.

(2) An insured must notify the insurers of any other insurance that insures against the same loss.

(3) In this section, "rateable proportion" means

(a) if there are 2 insurers liable and the certificate or policy specifies the same limit, each of the insurers is liable to share equally in any liability, expense, loss or damage,

(b) if there are 2 insurers liable and the certificate or policy specifies different limits, the insurers are liable to share equally up to the limit of the smaller limit, or

(c) if there are more than 2 insurers liable, paragraphs (a) and (b) apply with the necessary changes and so far as applicable.

Unnamed insured

81   (1) A person insured under the plan or an optional insurance contract, but not named in the certificate or policy may recover insurance money in the same manner and to the same extent as if the person were the named insured in the certificate or policy.

(2) For the purposes of subsection (1), the person referred to in that subsection, in his or her own name and on his or her own behalf, may exercise the same rights and is subject to the same obligations as the insured as if the person were the named insured in the certificate or policy.

Insured to give notice and disclose damage

82   (1) Every insured against whom an action is commenced for damages caused by a vehicle or the use or operation of a vehicle must give notice of it in writing to the insurer within 5 days after service of every notice or process in the action.

(2) Every insured against whom an action is commenced for damages caused by a vehicle or the use or operation of a vehicle must, on recovery of a judgment against the insured, disclose to a judgment creditor entitled to the benefit of any vehicle liability policy particulars of the certificate or policy within 10 days after written demand for it.

Liability limited for classes of owners

82.1   (1) In an action to recover for loss or damage to persons or property arising out of the use or operation of a leased motor vehicle on a highway in British Columbia, the maximum amount for which the lessor of the motor vehicle is liable, in that lessor's capacity as lessor of the motor vehicle, in respect of any one incident is the amount determined under subsection (2).

(2) The maximum amount for the purposes of subsection (1) is the greatest of the following amounts:

(a) $1 000 000;

(b) the amount established, or determined in the manner prescribed, by regulation;

(c) the amount of third party liability insurance coverage required by law to be carried in respect of the motor vehicle.

(3) Subsection (1) does not apply

(a) in respect of amounts payable by a lessor other than by reason of vicarious liability imposed under section 86 of the Motor Vehicle Act, or

(b) to prescribed lessors or motor vehicles, or prescribed classes of lessors or motor vehicles.

(4) This section applies only in relation to loss or damage sustained on or after the date this section comes into force.

Liability limited for health care costs

82.2   (1) In this section, "health care loss" means a cost or expense incurred or to be incurred for health care provided by a health care practitioner.

(2) In an action for damages caused by a vehicle or the use or operation of a vehicle, a person may not recover, for a health care loss, an amount that exceeds one of the following:

(a) the amount, if any, that is established or determined for the particular health care loss under a regulation under section 45.1 (1) (a);

(b) in any other case, the value of the particular health care loss.

(3) If, for the purposes of this section, it is necessary to estimate the value of a health care loss, the value must be estimated according to the value the deferred health care loss has on the date of the estimate determined in accordance with subsection (2).

(4) This section applies only in relation to a health care loss resulting from an accident occurring on or after April 1, 2019.

Liability reduced

83   (1) In this section, "benefits" means amounts paid or payable, or things or services provided or to be provided in kind, directly or indirectly and whether or not as a result of a right of indemnity,

(a) as benefits under Part 1,

(b) as follows, for a loss or expense similar to a loss or expense covered by benefits under Part 1:

(i) under insurance, wherever issued and in effect;

(ii) under the Workers Compensation Act or a similar law of a jurisdiction other than British Columbia;

(iii) under the Employment Insurance Act (Canada);

(iv) by the government of a province or territory of Canada, Canada or another jurisdiction;

(v) under terms or conditions of employment or an agreement for collective bargaining, and

(c) in prescribed circumstances, for a loss or expense similar to a loss or expense covered by benefits under Part 1,

but does not include

(d) a payment made under third party liability insurance coverage,

(e) health care services as defined in section 1 of the Health Care Costs Recovery Act, or

(f) in prescribed circumstances, an amount paid or payable, or a thing or service provided or to be provided in kind, directly or indirectly and whether or not as a result of a right of indemnity, under paragraph (b).

(1.1) Despite paragraph (b) (ii) of the definition of "benefits" in subsection (1), compensation that is paid or provided, or that is payable or to be provided, under the Workers Compensation Act is excluded from the definition of "benefits" if either of the following applies:

(a) the person to whom the compensation is paid or provided, or payable or to be provided, elects not to claim compensation under section 128 (1) (a) of that Act and the person is not entitled to compensation under section 129 of that Act;

(b) the Workers' Compensation Board pursues its right of subrogation under section 130 of that Act.

(2) A person who has a claim for damages and who receives or is entitled to receive benefits respecting the loss on which the claim is based, is deemed to have released the claim to the extent of the benefits.

(3) Nothing in this section precludes a person who is liable to pay or provide benefits from demanding from the person referred to in subsection (2), as a condition precedent to receiving the benefits, a release to the extent of the value of the benefits.

(4) In an action in respect of bodily injury or death caused by a vehicle or the use or operation of a vehicle, the amount of benefits paid or provided, or to which the person referred to in subsection (2) is or would have been entitled, must not be referred to or disclosed to the court or jury until the court has assessed the award of damages.

(5) After assessing the award of damages under subsection (4), the amount of benefits referred to in that subsection must be disclosed to the court, and taken into account, or, if the amount of benefits has not been ascertained, the court must estimate it and take the estimate into account, and the person referred to in subsection (2) is entitled to enter judgment for the balance only.

(5.1) In estimating, under subsection (5), an amount of benefits that has not been ascertained, the court may not consider the likelihood that the benefits will be paid or provided.

(6) If, for the purposes of this section or section 84, it is necessary to estimate the value of benefits that may or must be paid or provided, the value must be estimated according to the value on the date of the estimate of the deferred benefits, calculated for the period for which the benefits are authorized or required to be paid or provided.

(7) Despite any right of subrogation a person may have under an agreement, the common law or an enactment, but subject to section 130 of the Workers Compensation Act and section 84 of this Act, a person who pays or provides benefits, or who assumes liability to pay or provide benefits, is not subrogated to a right of recovery of the person referred to in subsection (2).

Subrogation

84   (0.1) In this section, "benefits" means

(a) benefits within the meaning of section 83 (1), and

(b) amounts payable under Part 10.

(1) On paying or providing benefits or insurance money or assuming liability for paying or providing benefits or insurance money, an insurer

(a) is subrogated to and is deemed to be the assignee of all rights of recovery against any other person liable in respect of the loss, damage, bodily injury or death of a person to whom, on whose behalf or in respect of whom the payment or provision of benefits or insurance money is made or to be made, and

(b) may bring action in the name of the insured or in its own name to enforce the rights referred to in paragraph (a).

(1.1) For certainty, subsection (1) does not apply if benefits paid or provided, or benefits the insurer is liable to pay or provide, have been deducted or, but for a settlement, would have been deducted, from an award of damages under section 83 (5).

(2) If money is recovered under subsection (1) and the burden of the loss is shared by the insurer and insured, the net amount, after deduction of the costs of recovery, must be divided between them in the same proportions as they bear the loss.

(3) If the interest of the insured referred to in subsection (1) is limited to loss of or damage to a vehicle or loss of its use, the insurer has conduct of the action.

(4) If the insured's interest is not one described in subsection (3), and the insured and the insurer cannot agree as to

(a) the lawyers to be instructed to bring the action in the name of the insured,

(b) the conduct of the action or matters pertaining to it,

(c) an offer of settlement or its apportionment, whether an action has been commenced or not,

(d) acceptance of money paid into court or its apportionment,

(e) apportionment of costs, or

(f) commencement or continuance of an appeal,

either party may apply to the court for determination of the matters in question, and the court must make the order it considers reasonable having regard to the interests of both parties.

(5) On an application under subsection (4), only the insured and the insurer are entitled to notice and to be heard, and material or evidence used or taken on the application is not admissible on the trial of an action brought by or against the insured or the insurer.

(6) A settlement or release does not restrict the rights of the insured or the insurer under this section unless the insured or the insurer, as the case may be, concurred in it.

Waiver of term or condition

85   (1) An insurer may for a particular case waive a term or condition of the plan or an optional insurance contract.

(2) A term or condition of the plan or an optional insurance contract is not waived by the insurer in whole or in part unless the waiver is in writing and signed by a person authorized for that purpose by the insurer.

(3) Neither the insurer nor the insured waives any term or condition of the plan or an optional insurance contract by any act relating to the appraisal of the amount of loss or to the delivery and completion of proofs or to the investigation or adjustment of any claim under the plan or an optional insurance contract.

Effect of payment under the plan or an optional insurance contract

86   (1) If an insurer makes a payment on behalf of an insured under the plan or an optional insurance contract to a person who is or alleges himself or herself to be entitled to recover from the insured under the plan or optional insurance contract, the payment

(a) is not, unless the insurer otherwise agrees, an acknowledgment or admission of liability, and does not prejudice the rights of the insured or the insurer, and

(b) constitutes, to the extent of the payment, a release by the person or his or her personal representative of any claim that the person or the personal representative or any person claiming through or under him or her, or by virtue of the Family Compensation Act, may have against the insured and the insurer.

(2) Nothing in this section precludes an insurer making the payment from demanding, as a condition precedent to the payment, a release from the person, or his or her personal representative, or any other person, to the extent of that payment.

(3) If a person commences an action, the fact of any payment referred to in subsection (1) must not be disclosed to the court or to the jury, and the court must adjudicate on the matter without reference to any payment referred to in that subsection but, after awarding damages and costs, if any, the payment must be disclosed and must be taken into account and the person is only entitled to judgment to be entered for the net amount, if any.

Territorial limits

87   Subject to the regulations, insurance under the plan or an optional insurance contract applies in respect of bodily injury, death, loss or damage, or liability arising from bodily injury, death, loss or damage occurring in Canada or the United States of America or on a vessel travelling between Canada and the United States of America, but does not apply elsewhere.

Out of province use

88   Every vehicle liability policy issued in British Columbia must provide and is deemed to provide that, in the case of liability arising out of the ownership, use or operation of the vehicle in any other province or territory of Canada or in any jurisdiction of the United States of America,

(a) the insurer is liable up to the minimum limits of loss or liability in that province, territory or jurisdiction if those limits are higher than the limits specified in the policy,

(b) the insurer must not set up any defence to a claim that might not be set up if the policy were a policy evidencing a contract of vehicle insurance that provides third party liability insurance coverage issued in that province, territory or jurisdiction, and

(c) the insured appoints the insurer the insured's irrevocable attorney to appear and defend in any other province or territory of Canada or jurisdiction of the United States of America in which an action is brought against the insured arising out of the ownership, use or operation of the vehicle.

Proof of intoxication

89   (1) In an action, cause or proceeding in which this Act or the regulations and the plan or an optional insurance contract are invoked and it is material to establish that a person using or operating a vehicle was doing so while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the vehicle, proof that the person was convicted of an offence committed at the material time under section 253 or 254 (5) of the Criminal Code must be admitted, whether or not that person

(a) is a party to the action, cause or proceeding,

(b) is a witness at the trial, or

(c) has first been questioned as to whether he or she has been convicted of that offence.

(2) For the purpose of subsection (1), a certificate containing the substance and effect of the conviction and purporting to be signed by the officer having custody of the records of the court in which the person was convicted or by the officer's deputy is, on proof of the identity of the person convicted, sufficient evidence of the conviction without proof of the signature or official character of the person by whom the certificate purports to have been signed.

Limitation on recovery for acts of violence

90   If the dominant cause of any bodily injury to or death of a person is the use of any weapon or any object, other than a vehicle, used as a weapon,

(a) the insurer is not liable under this Act, including, without limitation, under section 20, 24, 76, 77 or 78 or under an optional insurance contract or the plan, to indemnify or to pay any insurance money to or on behalf of

(i) the person using the weapon or object,

(ii) the person suffering the bodily injury or death, or

(iii) a spouse, child, parent or personal representative of a person referred to in subparagraph (i) or (ii), and

(b) the person using the weapon or object is not a designated defendant, as that term is defined in section 95, for the purposes of Part 6.

Limitation on recovery in relation to stolen vehicles

91   (1) This section applies to a person who

(a) suffered bodily injury, death or loss of or damage to property that is caused by the use or operation of a vehicle, and

(b) at the time of the accident as a result of which the bodily injury, death or loss of or damage to property was suffered, was an operator of, or a passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, and, in the case of a leased motor vehicle, the lessee.

(2) Despite the Negligence Act and section 100 of this Act,

(a) if 2 or more persons are found at fault for the bodily injury, death or loss of or damage to property referred to in subsection (1), they are liable to the person referred to in that subsection for any damages awarded for that bodily injury, death or loss of or damage to property in the degree to which they are respectively found to have been at fault and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it, and

(b) a person referred to in subsection (1) is not entitled to any recovery from the corporation under section 20.

Payment to minor

92   (1) A payment of insurance money for or on behalf of

(a) a minor, or

(b) an adult who is incapable of making decisions about the adult's financial affairs, business or property and does not have

(i) a committee under the Patients Property Act,

(ii) an attorney under Part 2 of the Power of Attorney Act, or

(iii) a representative having power over the adult's financial affairs under section 7 (1) (b) of the Representation Agreement Act,

must be made to the Public Guardian and Trustee, to be administered as the Public Guardian and Trustee considers advisable, and the Public Guardian and Trustee may make arrangements with other persons, societies or agencies for this purpose.

(2) [Repealed 2007-34-84.]

(3) Subsection (1) does not apply to a payment of insurance money made for or on behalf of a minor as indemnity for the loss of, damage to or the loss of use of property.

Family exclusion clauses

93   A provision in the plan or an optional insurance contract that the insurer is not liable to indemnify a person insured under the plan or optional insurance contract for any liability resulting from bodily injury to or the death of the child or spouse of that person has no effect after April 16, 1985, whether the insurance under the plan or the optional insurance contract took effect before or after that date.

Corporation's collection remedies

93.1   (1) In this section:

"convicted" includes

(a) being found guilty, whether under the Youth Criminal Justice Act (Canada) or, before April 1, 2003, under the Young Offenders Act (Canada), as it then was, of contravening section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, 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 that is similar to

(i) section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, or

(ii) section 224 or 226 of the Motor Vehicle Act;

"fine indebtedness" means the indebtedness referred to in paragraph (f) of the definition of "vehicle indebtedness";

"vehicle indebtedness" means

(a) money owing to the corporation in respect of premiums and related fees, charges or interest,

(b) an amount paid by the corporation under section 76 on behalf of an insured if

(i) the amount was, under section 76, paid to a person having a claim referred to in section 76 (2), and

(ii) the insured

(A) is, in relation to the accident that resulted in the injury, death or loss of or damage to property for which the payment was made, convicted of an offence under section 220, 221, 249, 252, 253 (a) or 255 (2) or (3) of the Criminal Code, or of an offence under a provision of the law of the United States of America that is similar to one of those sections, and the offence was committed while the insured was operating or having care or control of a vehicle or by means of a vehicle,

(B) is convicted of an offence under section 253 (b) of the Criminal Code, section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred during the person's commission of the offence and while the person was operating a vehicle,

(C) is convicted of an offence under section 254 (5) of the Criminal Code, section 226 of the Motor Vehicle Act or a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred within the 2 hours preceding the person's commission of the offence and while the person was operating a vehicle, or

(D) was, at the time that the accident occurred, operating a vehicle when not authorized and qualified by law to operate the vehicle,

(c) money in respect of which rights of recovery are assigned to the corporation under section 84 if the person against whom the corporation is entitled to exercise those rights of recovery is, in relation to the injury, death or loss of or damage to property in respect of which the money was paid, convicted of an offence under section 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code or of an offence under a provision of the law of the United States of America that is similar to one of those sections,

(d) money owing to the corporation under

(i) any judgment obtained by the corporation, including any order for costs in favour of the corporation or an insured, or

(ii) any compensation or restitution order made in favour of the corporation under section 42.1 (6) of this Act, under the Criminal Code or under any other enactment,

(d.1) a monetary penalty imposed under section 215.44 of the Motor Vehicle Act that has not been paid,

(e) a fee that is prescribed under the Motor Vehicle Act, and that has not been paid, for

(i) the registration of a motor vehicle or trailer,

(ii) a licence or permit for a motor vehicle or trailer, or

(iii) a driver's licence, and

(f) indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i) a motor vehicle related Criminal Code offence, within the meaning of the Motor Vehicle Act,

(ii) the Motor Vehicle Act,

(iii) the Commercial Transport Act,

(iv) the Motor Fuel Tax Act,

(v) the Highway Act or the Transportation Act,

(vi) the Passenger Transportation Act, or

(vii) [Repealed 2014-5-46.]

(viii) [Repealed 2007-14-140.]

(ix) the Off-Road Vehicle Act.

(2) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is indebted to the government or the corporation for a vehicle indebtedness, the corporation may do one or more of the following for so long as any part of the vehicle indebtedness remains outstanding:

(a) recover the vehicle indebtedness by action against the debtor in a court of competent jurisdiction;

(b) refuse any application made by the debtor for insurance;

(c) cancel any owner's certificate issued in the debtor's name or any universal compulsory vehicle insurance issued in the debtor's name;

(d) issue an owner's certificate or provide universal compulsory vehicle insurance to the debtor with a term of more than 90 days but less than one year;

(e) cancel any driver's certificate issued in the debtor's name;

(f) issue a driver's certificate to the debtor with a term of more than 90 days but less than 5 years.

(3) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is required to reimburse the corporation under section 90 (12) of the Motor Vehicle Act, the corporation may exercise one or more of the rights referred to in subsection (2) (a), (b), (d) or (f) of this section for so long as any part of that indebtedness remains outstanding.

(4) Despite subsections (2) and (3), the corporation must not exercise a right referred to in subsection (2) (b), (c), (d), (e) or (f) unless

(a) the indebtedness is a fine indebtedness,

(b) the corporation has a judgment in its favour in relation to the indebtedness in respect of which it intends to exercise one or more of those rights, or

(c) the corporation mails to the debtor, at the debtor's last address according to the corporation's records, a written demand for payment of that indebtedness together with a notice of any action the corporation intends to take under this section, and the debtor does not, within 30 days after the date of mailing, pay the indebtedness or make arrangements satisfactory to the corporation for payment of the indebtedness.

(5) If money is owed by a debtor to the corporation or the government for a vehicle indebtedness, to the corporation for a reimbursement required under section 90 (12) of the Motor Vehicle Act or to the corporation for any other reason, the corporation may deduct the amount of the indebtedness from any insurance money, other than benefits payable by the corporation to the debtor, whether or not the corporation has provided a demand to the debtor under subsection (4) (c) of this section.

(6) Nothing in this section limits or qualifies any other collection remedy or right available to the corporation or the government under this or any other enactment in relation to any indebtedness, including a vehicle indebtedness, owing by any person to the corporation or to the government.

Power to make regulations under this Part

94   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations under this Part as follows:

(a) respecting the priority of claims under the plan or optional insurance contracts;

(b) establishing an amount, or prescribing the manner of determining an amount, for the purposes of section 82.1 (2) (b);

(c) prescribing lessors or motor vehicles, or classes of either, for the purposes of section 82.1 (3) (b);

(d) prescribing circumstances for the purposes of paragraphs (c) and (f) of the definition of "benefits" in section 83 (1).

(2) In making regulations under subsection (1) (c), the Lieutenant Governor in Council may make different regulations in relation to lessors and motor vehicles, or classes of either, in different circumstances.

Part 6 — Vehicle Actions

Definitions

95   In this Part:

"accident" means an unintentional mishap occurring in British Columbia as a result of which a person suffers bodily injury, death or loss of or damage to property that arises out of the use or operation of a vehicle;

"designated defendants", subject to section 90 (b), means, in relation to an accident, the following persons:

(a) each owner of a vehicle involved in the accident;

(b) each operator of or passenger in or on a vehicle involved in the accident and each person vicariously liable for that individual;

(c) any other individual who, as a result of that individual's acts or omissions at the scene of the accident, has some involvement in the accident and each person vicariously liable for that individual,

and, in relation to a claim made under section 20 or an action brought under section 24, includes the corporation;

"net income loss", in relation to a person who suffered loss of income as a result of an accident is, for any period,

(a) if the person is a person referred to in section 2 (1) of the Income Tax Act, the gross income that the person lost in that period less the amount that would have been payable on that gross income for the following:

(i) income tax under the Income Tax Act, as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated in accordance with the regulations and with reference to prescribed deductions and tax credits;

(ii) income tax under the Income Tax Act (Canada) as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated in accordance with the regulations under, and with reference to deductions and tax credits prescribed under, this Act;

(iii) premiums under the Employment Insurance Act (Canada), as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, or

(b) for any other person, the gross income that the person lost in that period less the following amounts calculated in accordance with the regulations under this Act:

(i) the amount that would have been payable as taxes on that gross income according to the tax laws in the jurisdiction in which the person is liable to pay tax on income, as those laws read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated with reference to deductions and tax credits prescribed under this Act;

(ii) the premiums or other amounts, if any, that would have been payable in respect of that gross income according to the laws in the jurisdiction in which the person is liable to pay tax on income, as those laws read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, for a purpose similar or equivalent to that of the Employment Insurance Act (Canada);

"vehicle action" means an action brought in British Columbia in which damages are claimed for bodily injury, death or loss of or damage to property that arises out of the use or operation of a vehicle.

Alternative dispute resolution

96   (1) The Lieutenant Governor in Council may make regulations respecting mediation in vehicle actions including, without limitation, regulations

(a) providing to a party to a vehicle action the ability to require the parties to engage in mediation and setting out when and how that ability may be exercised and prescribing any other results that flow from the exercise of that ability, and

(b) respecting

(i) the forms or procedures that must or may be used or followed before, during and after the mediation process,

(ii) the requiring and maintaining confidentiality of information disclosed for the purposes of mediation,

(iii) the circumstances and manner in which a party to a vehicle action may opt out of or be exempted from mediation,

(iv) the costs and other sanctions that may be imposed in relation to mediation, including, without limitation, in relation to any failure to participate in mediation when and as required or otherwise to comply with the regulations,

(v) the mediators' fees and disbursements, and

(vi) qualifications required for, and the selection and identification of, individuals who may act as mediators in the mediation process contemplated by these regulations.

(2) If and to the extent that there is any conflict between the regulations made under subsection (1) and any other enactment, including, without limitation, the rules of any court, the regulations made under subsection (1) apply.

(3) Regulations made under subsection (1) may provide for a mediation process to be applicable to vehicle actions brought out of one or more court registries and may be different for vehicle actions brought out of different court registries.

(4) Without limiting subsections (1) to (3) or any other enactment and without limiting the right of the corporation or an insurer to use any method it considers appropriate to resolve any dispute, the Lieutenant Governor in Council may make regulations respecting dispute resolution procedures, including, without limitation, arbitration and mediation procedures, that the corporation or an insurer may make available to any person who wishes to use them to resolve disputes in relation to any insurance money claimed or payable under this Act, or any other disputes in relation to the administration of this Act and the regulations.

Application of sections 98 and 100

97   Sections 98 and 100 apply only to causes of action arising out of an accident that occurs after June 17, 1997.

Recovery for loss of income

98   Despite any other enactment or rule of law but subject to this Part and section 115, a person who suffers a loss of income as a result of an accident or, if the person is deceased, the person's personal representative, is entitled to recover from designated defendants, as damages for the income loss suffered after the accident and before the first day of trial of any action brought in relation to it, not more than the net income loss that the person suffered in that period as a result of the accident.

Structured judgments

99   (1) The court must order that an award for pecuniary damages in a vehicle action be paid periodically, on the terms the court considers just,

(a) if the award for pecuniary damages is, after section 83 has been applied, at least $100 000 and the court considers it to be in the best interests of the plaintiff, or

(b) if

(i) the plaintiff requests that an amount be included in the award to compensate for income tax payable on income from investment of the award, and

(ii) the court considers that the order, that the award be paid periodically, is not contrary to the best interests of the plaintiff.

(2) Despite subsection (1), the court must not make an order under this section

(a) if one or more of the parties in respect of whom the order would be made satisfies the court that those parties do not have sufficient means to fund the order, or

(b) if the court is satisfied that an order to pay the award periodically would have the effect of preventing the plaintiff or another person from obtaining full recovery for damages arising out of the accident.

(3) If the court does not make an order for periodic payments under this section, it may make an award for damages that includes an amount to offset liability for income tax on income from investment of the award.

Apportionment

100   (1) This section applies in respect of a vehicle action in which the court determines that loss of income has been caused by the fault of 2 or more persons at least one of whom is a designated defendant.

(2) Despite the Negligence Act, if, in a vehicle action, the plaintiff is found to be entitled to recover damages for loss of income suffered after the accident and before the first day of trial of any action brought in relation to it,

(a) all of the defendants whom the court determines were at fault for that loss of income are liable, in accordance with the Negligence Act, to the plaintiff for the net income loss that the plaintiff suffered in that period as a result of the accident, and

(b) the court must determine the degree to which defendants who are not designated defendants were at fault for that loss of income, and those defendants

(i) are liable, in accordance with the Negligence Act, for that portion of the difference between

(A) the net income loss that the plaintiff suffered in that period as a result of the accident, and

(B) the gross income that the plaintiff would have earned in that period had the accident not occurred

that is proportionate to the degree to which those defendants are determined to be at fault for the loss of income, and

(ii) are not entitled to seek contribution or indemnification from designated defendants respecting that liability or any payment made in relation to it.

Part 7 — Minor Injuries

Definitions and interpretation

101   (1) In this Part:

"accident" means an accident occurring in British Columbia that is caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury;

"claimant" means a person who claims damages for non-pecuniary loss for a bodily injury resulting from an accident;

"diagnostic and treatment protocol" means a protocol prescribed for the purposes of examining, assessing, diagnosing and treating a minor injury;

"minor injury" means a physical or mental injury, whether or not chronic, that

(a) subject to subsection (2), does not result in a serious impairment or a permanent serious disfigurement of the claimant, and

(b) is one of the following:

(i) an abrasion, a contusion, a laceration, a sprain or a strain;

(ii) a pain syndrome;

(iii) a psychological or psychiatric condition;

(iv) a prescribed injury or an injury in a prescribed type or class of injury;

"permanent serious disfigurement", in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance;

"serious impairment", in relation to a claimant, means a physical or mental impairment that

(a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and

(b) meets prescribed criteria.

(2) Subject to subsection (3) and the regulations, an injury that, at the time of the accident or when it first manifested, was an injury within the definition of "minor injury" in subsection (1) is deemed to be a minor injury if

(a) the claimant, without reasonable excuse, fails to seek a diagnosis or comply with treatment in accordance with a diagnostic and treatment protocol prescribed for the injury, and

(b) the injury

(i) results in a serious impairment or a permanent serious disfigurement of the claimant, or

(ii) develops into an injury other than an injury within the definition of "minor injury" in subsection (1).

(3) An injury is not deemed, under subsection (2), to be a minor injury if the claimant establishes that either of the circumstances referred to in subsection (2) (b) would have resulted even if the claimant had sought a diagnosis and complied with treatment in accordance with a diagnostic and treatment protocol prescribed for the injury.

(4) For the purposes of this Part, a minor injury includes a symptom or a condition associated with the injury whether or not the symptom or condition resolves within 12 months, or another prescribed period, if any, after the date of an accident.

Application of this Part

102   This Part applies to an accident occurring on or after April 1, 2019.

Limit on non-pecuniary loss for minor injuries

103   (1) Subject to subsection (2), the amount recoverable by a claimant as damages for non-pecuniary loss arising from one or more minor injuries suffered by the claimant in a single accident must be calculated or determined in accordance with the regulations.

(2) The amount recoverable by a claimant under subsection (1) must be reduced in proportion to the claimant's degree of fault, if any, in the accident.

Power to make regulations under this Part

104   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations under this Part as follows:

(a) respecting the examination and assessment of injuries, the determination of whether an injury is a minor injury and the onus of proof on such a determination;

(b) respecting the examination, assessment, diagnosis and treatment of minor injuries, including, without limitation,

(i) establishing or adopting procedures, guidelines, criteria, requirements or standards to be followed or met, as applicable, by claimants, insurers and prescribed health care practitioners, and

(ii) establishing time limits for the purposes of obtaining an examination, assessment, diagnosis or treatment;

(c) prescribing circumstances in which a prescribed diagnostic and treatment protocol applies and providing when a protocol no longer applies;

(d) governing the roles, in relation to a protocol, of claimants, insurers and prescribed health care practitioners and imposing limits on those roles;

(e) respecting treatment plans for a minor injury and respecting the number and type of treatments for a minor injury, including, without limitation, prescribing different numbers or types of treatments for different circumstances;

(f) respecting referrals, including referrals to a person in a prescribed class of persons, for the purposes of obtaining an opinion about

(i) the examination, assessment or diagnosis of an injury,

(ii) the treatment plan for a minor injury, or

(iii) the condition of a claimant;

(g) for the purposes of paragraph (f),

(i) prescribing a class of persons,

(ii) requiring the establishment and maintenance of a register of persons in the class,

(iii) prescribing requirements and qualifications for persons in the class,

(iv) requiring treatment plans from persons in the class, and

(v) requiring reports from persons in the class and establishing the form of, and information to be included in, those reports;

(h) respecting procedures and conditions for the making of claims to, and the refusal and payment of claims by, an insurer, including, without limitation, establishing circumstances in which claims are deemed to have been approved;

(i) establishing forms for claims and treatment plans or authorizing the corporation to establish forms for claims and treatment plans;

(j) prescribing injuries or types or classes of injuries for the purposes of the definition of "minor injury" in section 101 (1);

(k) respecting criteria for the purposes of the definition of "permanent serious disfigurement" in section 101 (1);

(l) respecting criteria and prescribing a period for the purposes of the definition of "serious impairment" in section 101 (1);

(m) respecting circumstances in which an injury or an injury in a prescribed class of injuries, or a claimant or a claimant in a prescribed class of claimants, will be exempt from the application of section 101 (2);

(n) for the purposes of section 103 (1), respecting damages for non-pecuniary loss for a minor injury, including, without limitation, establishing an amount of damages or a limit on damages for a minor injury arising out of an accident in which a claimant suffers

(i) a minor injury and an injury that is not minor, or

(ii) only a minor injury.

(2) A regulation under subsection (1) (b) (i) may adopt by reference, in whole or in part and with any change the Lieutenant Governor in Council considers necessary, any procedures, guidelines, criteria, requirements or standards published by a body, or person with a professional designation, approved by the Lieutenant Governor in Council for the purposes of this section.

(3) Procedures, guidelines, criteria, requirements or standards adopted under subsection (2) may be adopted as they stand at the time of adoption or as amended from time to time.

(4) A regulation under subsection (1) (n) may be different in respect of accidents occurring on or after different dates or in different periods.

Part 8

Repealed

105-106   [Repealed 2020-10-31.]

Part 9 — Pre-Litigation Payments

Definitions

107   In this Part:

"accident" means an accident occurring in British Columbia in which there is bodily injury or death arising out of the use or operation of a vehicle;

"court" includes the civil resolution tribunal in respect of applicable accident claims under the Civil Resolution Tribunal Act;

"pre-litigation payment" means a payment made under section 109.

Offer to make pre-litigation payment

108   (1) Subject to section 110, the corporation may, in accordance with this section, offer to make a pre-litigation payment to a person who has a right of action against an insured or the corporation respecting an accident.

(2) The corporation may not make an offer under this section that exceeds the corporation's reasonable assessment of the value of the amount the person could recover in an action.

(3) An offer under this section must

(a) be made in writing, and

(b) contain a statement that the offer is made under this Part.

Pre-litigation payment

109   If the corporation makes an offer to a person under section 108, the corporation may, subject to section 110, make a payment to the person in accordance with the offer.

Restriction on offer or pre-litigation payment

110   The corporation may make

(a) an offer under section 108, or

(b) a pre-litigation payment

only if the corporation is satisfied that the person has not commenced an action against an insured or the corporation respecting the accident.

Consequences of offer and payment of pre-litigation payment

111   An offer under section 108 or a pre-litigation payment is not an acknowledgment or admission of liability, including for the purposes of the Limitation Act, and does not prejudice the rights of the insured or the corporation.

Non-disclosure to court and deduction

112   (1) If a person to whom an offer under section 108 or a pre-litigation payment was made commences an action respecting an accident, there must be no reference to or disclosure of any of the following matters to the court or jury until the award of damages has been assessed:

(a) the fact that the offer of a pre-litigation payment was made;

(b) the fact that a pre-litigation payment was made;

(c) the amount of the offer or pre-litigation payment.

(2) After the award of damages has been assessed,

(a) the amount of a pre-litigation payment, if any, must be disclosed to the court,

(b) the court must take the disclosure into account and deduct the pre-litigation payment from the award of damages, and

(c) an order must be made or a judgment entered for the difference only.

(3) If the difference determined for the purpose of subsection (2) is negative,

(a) the court must not make an order for the payment of damages, and

(b) the corporation is not entitled to repayment of the difference.

(4) The determination of whether a party is entitled to costs and the assessment of those costs must be based on the assessment of the award of damages and not on the difference determined for the purpose of subsection (2).

Part 10 — Enhanced Accident Benefits and Limits on Actions and Proceedings

Division 1 — Definitions and Application

Definitions

113   In this Part:

"accident" means an accident in which there is bodily injury caused by a vehicle;

"bodily injury" means any physical or mental injury, including death;

"bodily injury caused by a vehicle" means bodily injury caused by a vehicle or the use or operation of a vehicle;

"catastrophic injury" has the prescribed meaning;

"deceased" means an insured who died as a result of the accident;

"educational institution" has the prescribed meaning;

"employment" means a remunerative occupation;

"excluded vehicle" means

(a) a vehicle that could not be licensed under the Motor Vehicle Act or the Commercial Transport Act, or that is of such a design that, if it were owned or operated in British Columbia, it could not be licensed under either of those Acts, and

(b) a vehicle in a prescribed class of vehicles

but does not include a vehicle in a prescribed class of vehicles;

"full-time basis" has the prescribed meaning;

"full-time earner" means an insured, other than a minor or student, who, at the time of the accident, holds regular employment on a full-time basis;

"insured" means an individual who, under section 118 or 119, is entitled to benefits under this Part;

"minor" means an insured who is under 19 years of age at the time of the accident;

"non-earner" means an insured, other than a minor, a student or an insured in a prescribed class of insureds, who, at the time of the accident, does not hold employment but is able to work, and includes an insured in a prescribed class of insureds;

"non-standard motor vehicle" means

(a) a motor vehicle

(i) that, as manufactured, does not conform to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles for highway use, and

(ii) that could be licensed under the Motor Vehicle Act or the Commercial Transport Act, or that is of such a design that, if it were owned or operated in British Columbia, it could be licensed under either of those Acts, and

(b) a motor vehicle in a prescribed class of motor vehicles

but does not include a motor vehicle in a prescribed class of motor vehicles;

"part-time basis" has the prescribed meaning;

"part-time earner" means an insured, other than a minor or student, who, at the time of the accident, holds regular employment on a part-time basis;

"post-secondary educational institution" has the prescribed meaning;

"student" means an insured who, at the time of the accident, is

(a) 19 years of age or older and attending a secondary school or post-secondary educational institution on a full-time basis, or

(b) a minor who has completed the requirements for graduation from secondary school and is attending a post-secondary educational institution on a full-time basis;

"temporary basis" has the prescribed meaning;

"temporary earner" means an insured, other than a minor or student, who, at the time of the accident, holds regular employment on a temporary basis.

Application of this Part

114   (1) This Part applies to an accident occurring on or after May 1, 2021.

(2) Despite subsection (1), this Part does not apply to the following types of accidents:

(a) only one vehicle is involved in the accident, and the vehicle is

(i) an excluded vehicle and the accident

(A) occurs off-highway, or

(B) occurs on a highway and no permit has been issued under the Motor Vehicle Act or the Commercial Transport Act for the vehicle to be on the portion of the highway where the accident occurs,

(ii) a non-standard motor vehicle, if the accident occurs off-highway, or

(iii) a trailer that is not an excluded vehicle, if the accident occurs off-highway;

(b) more than one vehicle is involved in the accident, each of the vehicles is a vehicle referred to in paragraph (a) and the accident occurs as described in that paragraph respecting the vehicle;

(c) the accident occurs in the prescribed circumstances or involves the prescribed vehicles.

Division 2 — Limits on Actions and Proceedings

No actions or proceedings for bodily injury

115   Despite any other law or enactment but subject to this Part,

(a) a person has no right of action and must not commence or maintain proceedings respecting bodily injury caused by a vehicle arising out of an accident, and

(b) no action or proceeding may be commenced or maintained respecting bodily injury caused by a vehicle arising out of an accident.

Exceptions

116   (1) In this section:

"garage service operator" has the prescribed meaning;

"out-of-province owner" means a person who has ownership of a vehicle in a jurisdiction outside British Columbia in accordance with the law of that jurisdiction;

"voluntary occupant" means a person who is a voluntary operator of, or a voluntary passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee.

(2) Subject to the regulations and subsection (3), section 115 does not apply to an action or proceeding for non-pecuniary damages and punitive, exemplary or other similar non-compensatory damages against any of the following:

(a) a vehicle manufacturer, respecting its business activities and role as a manufacturer;

(b) a person who is in the business of selling vehicles, respecting the person's business activities and role as a seller;

(c) a maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;

(d) a garage service operator, respecting its business activities and role as a garage service operator;

(e) a licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron;

(f) a person whose use or operation of a vehicle

(i) caused bodily injury, and

(ii) results in the person's conviction of a prescribed Criminal Code offence;

(g) a person in a prescribed class of persons.

(3) Despite the Negligence Act, in an action referred to in subsection (2) of this section, if 2 or more persons are responsible for bodily injury, they are liable to the person who sustained the bodily injury for any damages awarded for that bodily injury in the degree to which they are respectively responsible, and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

(4) Despite any other law or enactment, in an action referred to in subsection (2) (f), a person who would, but for this subsection, be vicariously liable for the use or operation referred to in subsection (2) (f) is absolved from that vicarious liability.

(5) Despite subsection (2), section 115 applies to an action or proceeding described in subsection (2) of this section commenced or maintained by a voluntary occupant.

(6) Section 83 does not apply to an action referred to in subsection (2) of this section.

Division 3 — Entitlement and Matters Affecting Entitlement

Enhanced accident benefits

117   Subject to this Part, benefits under this Part are payable by the corporation regardless of who is responsible for the accident.

Enhanced accident benefits for residents

118   Subject to this Part and the regulations, an individual who is a resident at the time of an accident is entitled to benefits under this Part if

(a) the individual sustains bodily injury caused by a vehicle arising out of the accident, and

(b) the accident occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.

Enhanced accident benefits for non-residents

119   (1) In this section, "specified vehicle" means a vehicle

(a) that is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act, or

(b) for which a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act,

and coverage is provided by a certificate with respect to that vehicle.

(2) Subject to this Part and the regulations, an individual who is not a resident at the time of an accident and who sustains bodily injury caused by a vehicle arising out of the accident is entitled to benefits under this Part if either of the following is the case:

(a) the accident occurs in British Columbia and at the time of the accident the individual is one or more of the following:

(i) an owner;

(ii) a lessee named in an owner's certificate;

(iii) an operator or occupant of a specified vehicle that is involved in the accident;

(iv) an individual who is not an operator or occupant of a vehicle and is struck by

(A) a specified vehicle, or

(B) something other than a vehicle because of a specified vehicle;

(v) neither an owner nor a lessee named in an owner's certificate and the individual is either

(A) an operator or occupant of a vehicle that is not a specified vehicle, or

(B) not an operator or occupant of a vehicle and is struck by a vehicle that is not a specified vehicle or by something other than a vehicle because of a vehicle that is not a specified vehicle;

(vi) an individual other than an individual referred to in subparagraphs (i) to (v);

(b) the accident occurs outside British Columbia but otherwise within the area described in section 118 and the individual is both of the following:

(i) an owner or a lessee named in an owner's certificate;

(ii) either

(A) an operator or occupant of a vehicle that is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act or of a prescribed vehicle, or

(B) an individual who is neither an operator nor an occupant of a vehicle and is struck by a vehicle described in clause (A) or is struck by something other than a vehicle because of a vehicle described in clause (A).

(3) An individual referred to in subsection (2) (a) (v) or (vi) is entitled to benefits only to the extent, expressed as a percentage, that the individual is not responsible for the accident.

Corporation's duty respecting benefits

120   The corporation must

(a) advise and assist an individual with making a claim for benefits under this Part, and

(b) endeavour to ensure that the individual is informed about, and receives, benefits payable to the individual under this Part.

Circumstances in which benefits reduced, suspended or cancelled or in which benefits not paid

121   (1) Subject to the regulations, the corporation may reduce, suspend or cancel, or refuse to pay, benefits under this Part to or on behalf of an insured in the following circumstances:

(a) the accident was wilfully caused by the insured;

(b) the insured's bodily injury was wilfully caused by the insured;

(c) the insured knowingly provides false or inaccurate information to the corporation;

(d) the insured fails to comply with a requirement of the corporation under section 11;

(e) the insured fails to comply with prescribed requirements;

(f) prescribed circumstances.

(2) Section 75 does not apply to a claim for benefits in the circumstances described in subsection (1) of this section.

Other sources

122   (1) In this section, "other compensation", in relation to bodily injury caused by a vehicle arising out of an accident, means amounts paid or payable, or things or services provided or to be provided in kind, directly or indirectly, whether or not as a result of a right of indemnity,

(a) under the Workers Compensation Act or a similar law of another jurisdiction,

(b) under a prescribed compensation plan or scheme or portion of a compensation plan or scheme in a prescribed class of compensation plans or schemes,

(c) from a prescribed insurance coverage,

(d) from a prescribed source,

(e) under a prescribed enactment, or

(f) under a prescribed law of a jurisdiction outside British Columbia.

(2) The corporation must not pay a benefit under this Part in relation to an accident to a person entitled to other compensation for the same accident, except to the extent that the amount of the benefit payable under this Part exceeds the value of the other compensation.

(3) Subsection (2) applies even if the person has elected not to claim or has forfeited the person's claim for other compensation.

(4) Despite subsection (2), the corporation may, in the prescribed circumstances, pay a benefit under this Part to a person entitled to other compensation in accordance with the regulations.

Division 4 — Health Care, Rehabilitation and Related Benefits

Health care and related expenses benefit

123   (1) Subject to the regulations and subsection (2), an insured is entitled to the payment or reimbursement of reasonable expenses incurred by the insured respecting the insured's bodily injury for necessary

(a) health care,

(b) prescribed services, and

(c) prescribed equipment, medication and other things.

(2) The corporation must calculate and determine the amount to which the insured is entitled under subsection (1) in accordance with the regulations.

Rehabilitation

124   Subject to the regulations, the corporation may do anything it considers necessary or advisable, including the payment of money, to contribute to the rehabilitation of an insured and to facilitate the insured's recovery from the insured's bodily injury.

Other related expenses

125   (1) Subject to the regulations, if an insured is unable because of the insured's bodily injury to perform activities of daily living without assistance, the insured is entitled to the payment or reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary expenses incurred by the insured to assist with activities of daily living.

(2) Subject to the regulations, if the corporation pays or reimburses an insured under section 123 or contributes to rehabilitation respecting an insured under section 124, the insured is entitled to the payment or reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the insured to receive the care, service, thing or rehabilitation.

(3) Subject to the regulations and subsection (4), an individual is entitled to reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the individual to accompany an insured to receive the care, service, thing or rehabilitation, as described in subsection (2), if that accompaniment is required because of the physical or mental condition of the insured or the insured's age.

(4) The corporation may not under subsection (3) reimburse more than one individual for each required accompaniment.

(5) Subject to the regulations and subsection (6), an individual is entitled to reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the individual to attend an insured receiving critical care because of the insured's bodily injury.

(6) The corporation may not under subsection (5) reimburse more than 2 individuals per insured.

Recreation benefit

126   (1) In this section, "eligible insured" means an insured in a prescribed class of insureds.

(2) Subject to the regulations, the corporation may pay an eligible insured, or reimburse an eligible insured, up to a maximum of the prescribed amount, for reasonable expenses incurred by the eligible insured to facilitate the eligible insured's participation in recreation activities.

Expenses generally

127   Subject to the regulations, the corporation may pay an insured, or reimburse an insured, up to a maximum of the prescribed amount, for reasonable expenses incurred by the insured in relation to an accident, if those expenses are within a prescribed category of expenses.

Prescribed maximum benefits

128   The Lieutenant Governor in Council may prescribe a maximum amount for the total combined benefits payable to or on behalf of an insured under sections 123 to 127, which must be not less than $7 500 000 for each accident in which the insured sustains bodily injury.

Division 5 — Permanent Impairment Compensation

Permanent impairment compensation

129   (1) Subject to the regulations and section 130, if an insured sustains a permanent impairment as a result of the accident, the insured is entitled to a lump sum payment for the permanent impairment.

(2) The corporation must calculate and determine the permanent impairment compensation to which the insured is entitled under subsection (1) in accordance with the regulations.

If insured dies

130   (1) If the insured dies of a cause related to the accident, the corporation must not make a lump sum payment for the permanent impairment under this Division.

(2) If the insured dies of a cause unrelated to the accident and the insured has a permanent impairment as a result of the accident on the date of the insured's death, the corporation must

(a) estimate the amount of the lump sum payment that would have been payable to the insured for the permanent impairment under section 129 if the insured had not died, and

(b) make that lump sum payment to the insured's estate.

Division 6 — Income Replacement Benefits — Earners and Non-Earners

Full-time earners

131   (1) Subject to the regulations, a full-time earner is entitled to an income replacement benefit if any of the following is the case because of the full-time earner's bodily injury:

(a) the full-time earner is unable to continue the full-time employment;

(b) the full-time earner is unable to continue any other employment that the full-time earner held in addition to the full-time employment the full-time earner held at the time of the accident;

(c) the full-time earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the full-time earner was entitled at the time of the accident.

(2) The corporation must calculate and determine the income replacement benefit for a full-time earner to which the insured is entitled under subsection (1) in accordance with the regulations.

Special circumstances

132   (1) Subject to subsection (2), if the corporation is satisfied that a full-time earner who is entitled to an income replacement benefit under section 131 would have held a more remunerative employment at the time of the accident than the full-time earner held at the time of the accident but for special circumstances, the full-time earner is entitled to receive an income replacement benefit under section 131 determined on the basis of the gross income for that employment.

(2) The employment referred to in subsection (1) must be full-time employment that is compatible with the training, experience and abilities of the full-time earner immediately before the accident.

Temporary earners and part-time earners

133   (1) Subject to the regulations, a temporary earner or part-time earner is entitled to an income replacement benefit if any of the following is the case because of the temporary earner's or part-time earner's bodily injury:

(a) the temporary earner or part-time earner is unable to continue the employment or to hold an employment that the temporary earner or part-time earner would have held during a prescribed period if the accident had not occurred;

(b) the temporary earner or part-time earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the temporary earner or part-time earner was entitled at the time of the accident.

(2) The corporation must calculate and determine the income replacement benefit for a temporary earner or part-time earner to which the temporary earner or part-time earner is entitled under subsection (1) in accordance with the regulations.

Non-earners

134   (1) Subject to the regulations, a non-earner is entitled to an income replacement benefit if any of the following is the case because of the non-earner's bodily injury:

(a) the non-earner is unable to hold an employment that the non-earner would have held during a prescribed period if the accident had not occurred;

(b) the non-earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the non-earner was entitled at the time of the accident.

(2) During the time that a non-earner is entitled to an income replacement benefit under both paragraphs (a) and (b) of subsection (1), the non-earner is entitled to whichever income replacement benefit is the greater.

(3) The corporation must calculate and determine the income replacement benefit for a non-earner to which the non-earner is entitled in accordance with the regulations.

Division 7 — Benefits for Students

Definitions

135   In this Division:

"current studies" has the prescribed meaning;

"specified date" means the date by which the corporation is satisfied that, but for the accident, a student would have completed current studies.

Student entitled to loss-of-studies benefit

136   (1) Subject to the regulations, a student is entitled to a loss-of-studies benefit for the time that the student is unable because of the student's bodily injury to begin or continue current studies on a full-time basis.

(2) The corporation must calculate and determine the loss-of-studies benefit to which the student is entitled under subsection (1) in accordance with the regulations.

Student entitled to income replacement benefit

137   (1) In this section, "applicable period" means the period that starts on the date of the accident and ends on the specified date.

(2) Subject to the regulations, a student is entitled to an income replacement benefit if any of the following is the case because of the student's bodily injury:

(a) the student is unable to hold an employment that the student would have held during the applicable period if the accident had not occurred;

(b) the student is deprived of a benefit under the Employment Insurance Act (Canada) to which the student was entitled at the time of the accident.

(3) The corporation must calculate and determine the benefit to which the student is entitled under subsection (2) in accordance with the regulations.

Benefit for student unable to begin or continue studies

138   (1) Subject to the regulations, a student who, because of the student's bodily injury,

(a) is unable to begin or continue current studies, and

(b) is unable after the specified date to hold employment

is entitled to an income replacement benefit for the time that the student remains unable to hold employment because of the student's bodily injury.

(2) The corporation must calculate and determine the benefit to which the student is entitled under subsection (1) in accordance with the regulations.

Benefit for student able to begin or continue studies

139   (1) Subject to the regulations, a student who begins or continues current studies after an accident but who is unable because of the student's bodily injury to hold employment after completing or ending current studies is entitled to an income replacement benefit from the date that the student completes or ends current studies for the time that the student is unable to hold employment because of the student's bodily injury.

(2) The corporation must calculate and determine the benefit to which the student is entitled under subsection (1) in accordance with the regulations.

Division 8 — Benefits for Minors

Definitions

140   In this Division:

"applicable period" means the period that starts on the date of the accident and ends on June 30 of the year in which the minor reaches 19 years of age;

"school year" has the same meaning as in the School Act.

Minor entitled to loss-of-studies benefit

141   (1) Subject to the regulations, a minor is entitled to a loss-of-studies benefit for the time the minor is unable because of the minor's bodily injury to begin or continue studies at an educational institution.

(2) The corporation must calculate and determine the benefit under subsection (1) in accordance with the regulations.

Minor entitled to income replacement benefit

142   (1) Subject to the regulations, a minor is entitled to an income replacement benefit if any of the following is the case because of the minor's bodily injury:

(a) the minor is unable to hold an employment that the minor would have held during the applicable period if the accident had not occurred;

(b) the minor is deprived of a benefit under the Employment Insurance Act (Canada) to which the minor was entitled at the time of the accident.

(2) The corporation must calculate and determine the benefit to which the minor is entitled under subsection (1) in accordance with the regulations.

Benefit for minor unable to begin or continue studies

143   (1) Subject to the regulations, a minor who, from the end of the school year in which the minor reaches 19 years of age, because of the minor's bodily injury,

(a) is unable to begin or continue the minor's studies, and

(b) is unable to hold employment

is entitled to an income replacement benefit for the time that the minor remains unable to hold employment because of the minor's bodily injury.

(2) The corporation must calculate and determine the benefit to which the minor is entitled under subsection (1) in accordance with the regulations.

Benefit for minor able to begin or continue studies

144   (1) Subject to the regulations, a minor who begins or continues the minor's studies after the accident but who, because of the minor's bodily injury, is unable to hold employment after completing or ending those studies is entitled to an income replacement benefit from the completion or end of those studies and for the time that the minor remains unable to hold employment because of the minor's bodily injury.

(2) The corporation must calculate and determine the benefit to which the minor is entitled under subsection (1) in accordance with the regulations.

Division 9 — Income Replacement Benefits — General

Persons incapable of holding employment

145   Despite Division 6 of this Part, an insured who the corporation is satisfied was regularly incapable before the accident of holding employment for any reason except age is not entitled to an income replacement benefit.

Events that suspend or end entitlement

146   (1) Subject to the regulations, the corporation must suspend an income replacement benefit

(a) while the insured is able to hold the employment that the insured held at the time of the accident,

(b) while the insured holds other employment from which the insured earns a gross income that is equal to or greater than the gross income that the insured earned from employment held at the time of the accident, or

(c) in the prescribed circumstances.

(2) Despite subsection (1), an insured is entitled, in the prescribed circumstances, to continue to receive for the prescribed period of time, which may be no longer than one year from the date that, but for this subsection, the benefit would have been suspended under subsection (1), all or a portion of the insured's income replacement benefit, as determined in accordance with the regulations.

(3) Subject to the regulations, the corporation must cancel an income replacement benefit

(a) when the insured dies, and

(b) in the prescribed circumstances.

Benefit reduction if person earns reduced income

147   If an insured who is entitled to an income replacement benefit holds employment from which the insured earns a gross income that is less than the gross income used by the corporation to calculate and determine the insured's income replacement benefit, the income replacement benefit must be reduced by the prescribed percentage of the net income that the insured earns from the employment.

Division 10 — Retirement Income Benefit

No entitlement for unemployed person 65 years or older

148   Despite any other provision of this Part, an insured who, on the date of the accident, is 65 years of age or older and does not hold employment is not entitled to an income replacement benefit or a retirement income benefit.

When income replacement benefit ceases

149   An insured who is receiving an income replacement benefit under this Part ceases to be entitled to receive the benefit on the first June 30 following the later of

(a) the date on which the insured reaches the age of 65, and

(b) the date that is 5 years after the date on which the insured's entitlement to receive the benefit began.

Retirement income benefit after age 65

150   (1) Subject to the regulations, on ceasing to be entitled to receive an income replacement benefit as set out in section 149, an insured is entitled to be paid a retirement income benefit.

(2) The corporation must calculate and determine the retirement income benefit to which the insured is entitled under subsection (1) in accordance with the regulations.

(3) An insured ceases to be entitled to a retirement income benefit when the insured dies.

Division 11 — Family and Caregiver Benefits

Reimbursement of expenses respecting family enterprise

151   (1) Subject to the regulations, if an insured is, at the time of the accident, working without remuneration in a family enterprise and the insured is unable because of the insured's bodily injury to perform the insured's regular duties in the family enterprise, the insured is entitled to a reimbursement, up to a maximum of the prescribed amount, of expenses incurred during the first 180 days after the accident to have the insured's regular duties performed by another person during those 180 days.

(2) An insured who the corporation is satisfied was regularly incapable before the accident of holding employment for any reason except age is not entitled to a benefit under this section.

Caregiver benefit

152   (1) Subject to the regulations, an insured, other than a full-time earner, temporary earner, student or minor, whose main occupation at the time of the accident is taking care of, without remuneration, one or more persons who are under 16 years of age or who are regularly unable for any reason to hold any employment is entitled to a caregiver benefit, up to a maximum of the prescribed amount, if the insured is unable to continue providing that care because of the insured's bodily injury.

(2) The corporation must calculate and determine the caregiver benefit to which the insured is entitled under subsection (1) in accordance with the regulations.

(3) In the case of an insured who dies as a result of the accident, the amount that would have been payable under subsection (1) to the insured had the insured survived is payable in accordance with the regulations.

(4) At any time after the prescribed date following the accident, a part-time earner or non-earner who is receiving a caregiver benefit under subsection (1) may elect to continue to receive the caregiver benefit, or to receive an income replacement benefit under section 133 in the case of a part-time earner or section 134 in the case of a non-earner.

(5) Before the date prescribed for the purposes of subsection (4), the corporation must provide the part-time earner or non-earner with information to assist the part-time earner or non-earner to make an election under subsection (4).

Reimbursement of expenses for care of other person

153   (1) Subject to the regulations, an insured who, because of the insured's bodily injury, becomes unable to care for a child under 16 years of age or for a person who is regularly unable, for any reason, to hold any employment is entitled to the reimbursement, up to a maximum of the prescribed amount, of expenses incurred to pay the cost of the care if, on the date of the accident, the insured

(a) is a full-time earner or temporary earner,

(b) holds more than one regular part-time employment for a total of not less than a prescribed number of hours per week,

(c) is a minor or student,

(d) is a part-time earner or non-earner who, under section 152, elects to receive the income replacement benefit, or

(e) is a person in a prescribed class of persons.

(2) The corporation must calculate and determine the amount of the reimbursement to which the insured is entitled under subsection (1) in accordance with the regulations.

(3) Despite subsection (1), an insured residing with a spouse is entitled to reimbursement of expenses under this section only for the time that the spouse is also unable to care for the person referred to in subsection (1) as a result of the illness or disability of the spouse, or the spouse's work or studies outside the residence.

Division 12 — Limit on Benefits

Limit on benefits — subsequent accidents

154   If an insured who is receiving a benefit under sections 131 to 134, sections 137 to 139, sections 142 to 144 or section 151 or 152 subsequently becomes, but for this section, entitled to another benefit under those sections on the basis of a subsequent accident, the insured

(a) is entitled to whichever benefit is the greater, and

(b) is not entitled to both benefits, despite those sections.

Division 13 — Death Benefits

Definition

155   In this Division, "spouse" has the prescribed meaning.

Death benefit for spouse

156   (1) Subject to the regulations, a spouse of a deceased is entitled to a lump sum death benefit, up to a maximum of the prescribed amount.

(2) The corporation must calculate and determine the death benefit to which a spouse is entitled under subsection (1) in accordance with the regulations.

Death benefit for dependant

157   (1) Subject to the regulations, a dependant of a deceased is entitled to a lump sum death benefit, up to a maximum of the prescribed amount.

(2) The corporation must calculate and determine the death benefit to which a dependant is entitled under subsection (1) in accordance with the regulations.

Dependent child of deceased with no spouse

158   (1) Subject to the regulations and subsection (2), if on the date that the deceased dies the deceased has no spouse but has a dependent child, the dependent child is entitled, up to a maximum of the prescribed amount and in addition to a lump sum death benefit under section 157, to the lump sum death benefit that would have been payable under section 156 to the spouse.

(2) If the deceased has more than one dependent child, the additional lump sum death benefit under subsection (1) must be divided equally among the dependent children.

Entitlement of child and parent of deceased

159   Subject to the regulations, if a deceased has no spouse and no dependant on the day the deceased dies, each child and parent of the deceased is entitled to a lump sum death benefit in the prescribed amount.

Reimbursement of funeral expenses

160   If a person incurs funeral or burial expenses for a deceased, the corporation must reimburse, up to a maximum of the prescribed amount per deceased, the person for those expenses.

Grief counselling

161   (1) In this section, "eligible person" means a person who was in a prescribed class of relationship in relation to the deceased.

(2) Subject to the regulations, the corporation must reimburse, up to a maximum of the prescribed amount, an eligible person who incurs reasonable expenses for and related to grief counselling respecting the deceased.

Division 14 — Catastrophic Injuries

Facilitation of claims by catastrophically injured

162   If the corporation is satisfied that an insured has sustained a catastrophic injury as a result of the accident, the corporation may coordinate and facilitate any processes that may be necessary to secure the insured's access to funding or services

(a) that are provided by the government or a prescribed government, agency, public body or entity, or

(b) to which the insured may be entitled under the Medicare Protection Act or another Act.

Extended benefit for catastrophically injured

163   (1) In this section, "expenses" means expenses respecting a catastrophic injury sustained by an insured as a result of the accident.

(2) Subject to the regulations and subsection (3), the corporation may pay for expenses, up to a maximum of the prescribed amount, that the corporation would not otherwise be authorized to pay.

(3) The corporation may pay for expenses under subsection (2) in the following circumstances:

(a) the insured has received the maximum amount of reimbursement for a type of expense payable under this Part, and the corporation

(i) is in the course of exercising its authority under section 162 on the insured's behalf but the insured has not yet accessed funding or a service, and

(ii) considers it advisable to pay the expense for that type of benefit before the insured has access to the funding or service;

(b) the insured has received the maximum amount of reimbursement for a type of expense payable under this Part, the Medicare Protection Act and any other Act, and the corporation is satisfied that payment of the expense will reduce the total of any amounts payable under this Part by an amount that is at least equal to the amount of the expense paid;

(c) payment of the expense is not otherwise provided for in this Part but the corporation is satisfied that payment of the expense will reduce the total of any amounts payable under this Part by an amount that is at least equal to the amount of the expense paid.

(4) The corporation must not, under this section, pay for an expense unless the insured obtained the corporation's written approval before incurring the expense.

Division 15 — Expenses for Volunteers

Expenses for volunteer

164   (1) In this section, "volunteer" means a person who voluntarily and without expectation of compensation renders emergency first aid or other assistance to a person injured in an accident in British Columbia involving an insured.

(2) Subject to the regulations, the corporation may pay a volunteer, or reimburse a volunteer up to a maximum of the prescribed amount, for reasonable expenses incurred in relation to an accident, if those expenses are within a prescribed category of expenses.

Division 16 — Claims and Disputes

Claims

165   (1) A claim for benefits under this Part must be made in the form and manner required by the corporation.

(2) A claim for benefits must be made within the time period prescribed.

(3) The corporation may extend a time period prescribed for the purposes of subsection (2) if the corporation considers it equitable to do so.

(4) The corporation may exercise its power under subsection (3) before or after the prescribed time period has elapsed.

(5) If a claimant fails to make a claim respecting an accident within the time period prescribed for the purposes of subsection (2), the claimant is not entitled to benefits respecting that accident, unless the corporation grants an extension under subsection (3) and the claimant makes a claim within that extended period.

Advance payment

166   (1) If satisfied that a claim is well founded, the corporation may pay a benefit under this Part on the basis of the claim but before determining that the claimant is entitled to the benefit.

(2) If after making a payment under subsection (1) the corporation determines that the claimant is not entitled to the benefit, the corporation may not recover the payment, unless the claim involves fraud.

Disputes with corporation

167   A claimant and an insured may, in accordance with the regulations, dispute a determination or decision made by the corporation under this Part.

Division 17 — Recovery of Paid Benefits

Corporation may recover benefits

168   (1) Subject to the regulations, the corporation may recover benefits paid under this Part

(a) from a person described in section 116 (2) (a) to (e) who was responsible for bodily injury arising out of the accident but paid to another person for that other person's bodily injury,

(b) from a person to whom benefits were paid for bodily injury arising out of the accident and whose use or operation of a vehicle

(i) caused bodily injury, and

(ii) results in the person's conviction of a prescribed Criminal Code offence,

(c) from the person referred to in paragraph (b) but paid to another person for that other person's bodily injury arising out of the accident referred to in paragraph (b), or

(d) from or paid to a person in a prescribed class of persons or in the prescribed circumstances.

(2) Despite the Negligence Act, in an action referred to in subsection (1) of this section, if 2 or more persons are responsible for bodily injury, they are liable to the corporation in the degree to which they are respectively responsible and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

Division 18 — Regulations

Power to make regulations under this Part

169   (1) The power of the Lieutenant Governor in Council to make regulations under this Part does not limit the power of the Lieutenant Governor in Council to make regulations under any other Part of this Act.

(2) The Lieutenant Governor in Council,

(a) for the purposes of this Part, may make regulations as described in sections 45 and 94, as applicable, and

(b) for the purposes of Division 4 of this Part, may make regulations as described in section 45.1, as applicable.

(3) Where a provision in this Part entitles a person to a benefit subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

(a) providing exceptions to the provision;

(b) establishing limits on entitlement to the benefit;

(c) establishing conditions on the entitlement to the benefit;

(d) establishing conditions in relation to the operation of an exception or limit established by a regulation made under this subsection;

(e) respecting procedures for claiming a benefit;

(f) respecting duties and obligations of a person claiming a benefit.

(4) Where a provision in this Part confers a power, duty or function on the corporation subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

(a) providing exceptions to the provision;

(b) establishing conditions in relation to the operation of an exception or limit established by a regulation made under this subsection;

(c) establishing limits on the power, duty or function;

(d) establishing requirements respecting how the power, duty or function is to be carried out.

(5) The Lieutenant Governor in Council may make regulations as follows:

(a) further restricting the exceptions set out in section 116 (2) (a) to (e) and prescribing exceptions for the purposes of section 116 (2) (g);

(b) respecting the payment of benefits that were not paid or that were reduced, suspended or cancelled in prescribed circumstances under section 121 (1) (f) if the circumstances change, including determining if interest is payable, and if so, the amount of interest and the manner of payment;

(c) if an amount is paid under a regulation made under paragraph (b) and the circumstances revert to the prescribed circumstances in which a benefit should not have been paid or should have been reduced, suspended or cancelled, respecting the repayment of the benefits paid, including the manner of repayment;

(d) for the purposes of section 124, including, without limitation, regulations

(i) prescribing services or assistance for which the corporation may provide funding to an insured to facilitate the insured's rehabilitation,

(ii) prescribing expenses incurred respecting rehabilitation for which the corporation may provide reimbursement,

(iii) respecting services respecting rehabilitation that the corporation may provide or arrange to be provided, and

(iv) respecting procedures or decision-making or recommendation-making bodies that the corporation may establish

(A) for the purpose of making assessments respecting any matter in relation to an insured's rehabilitation, or

(B) for the corporation's provision of funding, reimbursement or services;

(e) respecting permanent impairments, including, without limitation, the establishment of a schedule of permanent impairment, including, without limitation,

(i) the attribution of a percentage of impairment to each permanent impairment,

(ii) the determination of an additional percentage of impairment where the permanent impairment affects symmetrical organs,

(iii) the determination of an additional percentage of impairment where the permanent impairment affects an impairment that the insured had before the accident, and

(iv) the reduction of the percentages attributed to permanent impairments for insureds who have more than one permanent impairment;

(f) respecting income replacement benefits and retirement income benefits, including, without limitation, regulations respecting

(i) amounts, manner and frequency of payments of benefits to be paid, including, without limitation, regulations authorizing or requiring the corporation to calculate and determine income replacement benefits by reference to

(A) prescribed periods of time,

(B) an insured's actual or estimated present or future gross or net income,

(C) industrial average wage,

(D) classes of employment,

(E) an insured's potential employment, as determined by the corporation, or

(F) any other specified factors, amounts, activities or potential activities,

(ii) circumstances in which the corporation may adjust or renew income replacement benefits, including, without limitation, where the insured suffers a relapse, and

(iii) notices of determinations respecting income replacement benefits;

(g) respecting loss-of-studies, family enterprise and caregiver benefits, including, without limitation, regulations respecting

(i) amounts, manner and frequency of payments of benefits to be paid, including, without limitation, regulations authorizing or requiring the corporation to calculate and determine the benefits by reference to prescribed periods of time and any other specified factors or amounts, and

(ii) circumstances in which the corporation may adjust or renew the benefits, including, without limitation, where the insured suffers a relapse;

(h) respecting death benefits, including, without limitation, regulations respecting amounts and manner of payments of death benefits to be paid, including, without limitation, authorizing or requiring the corporation to calculate and determine death benefits by reference to

(i) the deceased's age, income or other circumstances,

(ii) the age, income or other circumstances of the persons who are entitled to a death benefit, and

(iii) any other specified values or amounts;

(i) respecting grief counselling, including, without limitation, regulations respecting maximum amounts payable per deceased, per class of eligible persons or per accident;

(j) respecting catastrophic injuries and the payment by the corporation of expenses under section 163, including, without limitation, regulations

(i) restricting or guiding the corporation's discretion under that section,

(ii) specifying types of expenses that the corporation may pay, or refuse to pay, under that section, and

(iii) specifying injuries or combinations of injuries as catastrophic injuries for the purposes of that section;

(k) for the purposes of section 167, establishing requirements and procedures respecting disputes.

Part 11 — Basic Vehicle Damage Coverage and Limits on Actions and Proceedings

Division 1 — Definitions and Application

Definitions

170   (1) In this Part:

"accident" means an accident occurring in British Columbia arising out of the use or operation of a vehicle;

"excluded vehicle" means

(a) a vehicle that could not be licensed under the Motor Vehicle Act or the Commercial Transport Act, or that is of such a design that, if it were owned or operated in British Columbia, it could not be licensed under either of those Acts, and

(b) a vehicle in a prescribed class of vehicles

but does not include a vehicle in a prescribed class of vehicles;

"included vehicle" means a vehicle other than a vehicle in a prescribed class of vehicles;

"insured" has the prescribed meaning;

"licensed vehicle" means a vehicle

(a) that is not any of the following:

(i) a non-standard motor vehicle;

(ii) an excluded vehicle;

(iii) a vehicle in a class of prescribed class of vehicles, and

(b) that is one of the following:

(i) a vehicle registered and licensed under the Motor Vehicle Act or the Commercial Transport Act;

(ii) a vehicle for which a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act;

(iii) a vehicle registered in a jurisdiction in the area described in section 118 of this Act for which licensing requirements of the jurisdiction in which the vehicle is registered are fulfilled;

"loss of use" has the prescribed meaning;

"non-standard motor vehicle" means

(a) a motor vehicle

(i) that, as manufactured, does not conform to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles for highway use, and

(ii) that could be licensed under the Motor Vehicle Act or the Commercial Transport Act or that is of such a design that, if it were owned or operated in British Columbia, it could be licensed under either of those Acts, and

(b) a motor vehicle in a prescribed class of motor vehicles

but does not include a motor vehicle in a prescribed class of motor vehicles;

"permanently attached equipment" means machinery, an apparatus or other equipment that

(a) is mounted on or attached to a vehicle, and

(b) can be removed from the vehicle only with the use of a tool or tools;

"vehicle damage", in relation to a vehicle, means

(a) damage to or loss of the vehicle,

(b) loss of use of the vehicle,

(c) damage to or loss of permanently attached equipment,

(d) accelerated depreciation of the vehicle, and

(e) any other prescribed types of damage or loss.

(2) A reference to a vehicle in this Part is to be read as including a reference to permanently attached equipment of the vehicle.

Application

171   This Part applies to an accident occurring on or after May 1, 2021.

Division 2 — Limits on Actions

No actions or proceedings for vehicle damage — accident on highway

172   (1) Despite any other law or enactment but subject to this Part,

(a) a person has no right of action and must not commence or maintain proceedings respecting vehicle damage to an included vehicle sustained in an accident that

(i) occurred on a highway, and

(ii) involved at least 2 included vehicles, and

(b) no action or proceeding may be commenced or maintained respecting vehicle damage to an included vehicle sustained in an accident that

(i) occurred on a highway, and

(ii) involved at least 2 included vehicles.

(2) Subsection (1) does not apply respecting actions to be brought or proceedings to be commenced or maintained against

(a) persons who, at the time of the accident, are not owners, lessees named in an owner's certificate, occupants or operators of included vehicles involved in the accident, and

(b) persons in a prescribed class of persons by persons in a prescribed class of persons.

(3) Despite the Negligence Act, in an action referred to in subsection (2) of this section, if 2 or more persons are responsible for the vehicle damage, they are liable for any damages awarded for that vehicle damage in the degree to which they are respectively responsible and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

No actions or proceedings for vehicle damage — accident off-highway

173   (1) In this section, "licensed person", in relation to a licensed vehicle, means

(a) an owner, a lessee named in an owner's certificate, an occupant or an operator, or

(b) a person in a prescribed class of persons.

(2) Despite any other law or enactment,

(a) a licensed person, other than a licensed person in a prescribed class of licensed persons, has no right of action and must not commence or maintain proceedings against another licensed person respecting vehicle damage sustained to a licensed vehicle in an accident that

(i) occurred off-highway, and

(ii) involved at least 2 licensed vehicles;

(b) no action or proceeding may be commenced or maintained by a licensed person, other than a licensed person in a prescribed class of licensed persons, against another licensed person respecting vehicle damage sustained to the licensed vehicle in an accident that

(i) occurred off-highway, and

(ii) involved at least 2 licensed vehicles.

(3) Despite the Negligence Act, in an action to which subsection (2) of this section does not apply respecting an accident that

(a) occurred off-highway, and

(b) involved at least 2 licensed vehicles,

if 2 or more persons are responsible for the vehicle damage arising out of the accident, they are liable for any damages awarded for that vehicle damage in the degree to which they are respectively responsible and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

Division 3 — Coverage

Coverage — accident on highway

174   (1) In this section, "eligible vehicle" means

(a) a licensed vehicle with respect to which coverage is, under this Part, provided by a certificate,

(b) a non-standard motor vehicle

(i) with respect to which

(A) a licence or permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that was involved in an accident that occurred on the portion of the highway on which the vehicle is authorized to be operated,

(c) an excluded vehicle

(i) with respect to which

(A) a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that was involved in an accident that occurred on the portion of the highway on which the vehicle is authorized to be operated, and

(d) a vehicle with respect to which coverage is provided by a certificate and that is in a prescribed class of vehicles

but does not include a vehicle in a prescribed class of vehicles.

(2) This section applies to an accident on a highway involving at least 2 included vehicles.

(3) Subject to subsection (4) and the regulations, the corporation, in accordance with the regulations, must indemnify an insured for damage or loss respecting the insured's eligible vehicle, sustained in an accident on a highway, for

(a) the cost of repairs or replacement of the vehicle,

(b) the loss of use of the vehicle,

(c) the cost of repairs or replacement of permanently attached equipment, and

(d) any other prescribed types of damage or loss.

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage,

(a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and

(b) another person whose name is not ascertainable is responsible for the accident.

(5) Indemnification paid under this section must not exceed the prescribed amount, if any.

Coverage — accident off-highway

175   (1) In this section, "eligible vehicle" means a licensed vehicle with respect to which coverage is, under this Part, provided by a certificate.

(2) This section applies to an accident off-highway involving at least 2 licensed vehicles.

(3) Subject to subsection (4) and the regulations, the corporation, in accordance with the regulations, must indemnify an insured for damage or loss respecting the insured's eligible vehicle, sustained in an accident off-highway, for

(a) the cost of repairs or replacement of the vehicle,

(b) the loss of use of the vehicle,

(c) the cost of repairs or replacement of permanently attached equipment, and

(d) any other prescribed types of damage or loss.

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage,

(a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and

(b) another person whose name is not ascertainable is responsible for the accident.

(5) Indemnification paid under this section must not exceed the prescribed amount, if any.

Restriction on indemnification

176   (1) Subject to subsection (2), the corporation must not indemnify under this Division an owner with respect to an accident

(a) if the owner owns more than one vehicle involved in the accident,

(b) if the owner's vehicle is damaged by another vehicle operated by the owner, or

(c) in the prescribed circumstances.

(2) The Lieutenant Governor in Council may by regulation prescribe a class of persons whom the corporation must not indemnify under this Division with respect to an accident in the prescribed circumstances.

(3) The restrictions under subsection (1) and under a regulation made under subsection (2) apply only to the extent that the owner or operator of the owner's vehicle or the person in a prescribed class of persons is responsible for the accident.

Circumstances in which indemnification not paid or in which indemnification reduced

177   (1) Subject to the regulations, the corporation may reduce or refuse to pay indemnification under this Part in the following circumstances:

(a) the accident was wilfully caused by the insured;

(b) the vehicle damage was wilfully caused by the insured;

(c) the insured knowingly provides false or inaccurate information to the corporation;

(d) the insured fails to comply with a requirement of the corporation under section 11;

(e) the insured fails to comply with prescribed requirements;

(f) prescribed circumstances.

(2) Section 75 does not apply to a claim for indemnification in the circumstances described in subsection (1).

Recovery

178   (1) In this section:

"out-of-province owner" means a person who has ownership of a vehicle in a jurisdiction outside British Columbia in accordance with the law of that jurisdiction;

"owner" includes an out-of-province owner.

(2) Subject to the regulations and subsection (3), the corporation may recover indemnification paid to an insured under this Part,

(a) in relation to an accident on a highway or off-highway, from an owner of a vehicle described in subsection (4) except in the prescribed circumstances,

(b) in relation to an accident on a highway, from an operator or occupant of a vehicle described in subsection (4) if

(i) the operator or occupant knew or ought to have known that the vehicle is not a licensed vehicle, or

(ii) the accident occurs on the portion of the highway on which the vehicle is not authorized to be operated, and

(c) in relation to an accident on a highway or off-highway, from a person in a prescribed class of persons in relation to a vehicle described in subsection (4).

(3) Recovery under subsection (2) is limited to the extent to which, expressed as a percentage and applied to the amount paid under this Part, the applicable person referred to in subsection (2) is responsible for the accident.

(4) The following vehicles are vehicles for the purposes of subsection (2):

(a) a vehicle that is none of the following:

(i) an excluded vehicle, other than a vehicle described in paragraph (c) of this subsection;

(ii) a licensed vehicle;

(iii) a non-standard motor vehicle, other than a vehicle described in paragraph (b) of this subsection;

(b) a non-standard motor vehicle

(i) with respect to which

(A) a licence or permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that is involved in an accident that occurs on the portion of the highway on which the vehicle is not authorized to be operated;

(c) an excluded vehicle

(i) with respect to which

(A) a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that is involved in an accident that occurs on the portion of the highway on which the vehicle is not authorized to be operated;

(d) a vehicle in a prescribed class of vehicles.

(5) Subject to the regulations, an insurer that

(a) is authorized to transact vehicle insurance in Canada or the United States of America, and

(b) has insured a vehicle for which the licensing requirements of the jurisdiction in which the vehicle is registered are fulfilled

may recover insurance money paid under a contract of insurance as a result of an accident from a person referred to in subsection (2), but only to the extent that the corporation could recover under subsection (2) had the money been paid by the corporation under section 174 or 175.

(6) Subject to the regulations, an owner of a vehicle described in section 1.01 may recover damage or losses with respect to vehicle damage as a result of an accident from a person referred to in subsection (2) of this section, but only to the extent that the corporation could recover under subsection (2) of this section had the money been paid by the corporation under section 174 or 175.

Limiting clause

179   (1) Nothing in this Division precludes the corporation from issuing a certificate providing coverage under this Part that contains a clause to the effect that, in the event of loss, the corporation must pay only

(a) an agreed portion of any loss that may be sustained, or

(b) the amount of the loss after the deduction of a sum specified in the certificate,

and in either case not exceeding the prescribed limit of coverage.

(2) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations respecting certificates described in subsection (1) of this section, including, without limitation, regulations respecting

(a) types of insureds to whom, or vehicles with respect to which, the corporation may issue a certificate described in subsection (1),

(b) circumstances in which the corporation, despite having issued a certificate as described in subsection (1), must comply with sections 174 and 175,

(c) specific information that must be included in the certificate and how the information is to be included, and

(d) the maximum deductible to be paid under the certificate.

Division 4 — Power to Make Regulations Under this Part

Power to make regulations under this Part

180   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations for the purposes of this Part as described in section 45, as applicable.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations under this Part as follows:

(a) establishing requirements and procedures respecting disputes in relation to a determination or decision made by the corporation under this Part;

(b) respecting an evaluation process for settling disputes between the corporation and an insured about the nature and extent of repairs required for a vehicle, the replacement of a vehicle or the amount payable in respect of direct loss of or damage to the vehicle and how the costs of the evaluation are paid;

(c) exempting prescribed disputes or disputes in prescribed circumstances from the evaluation process;

(d) providing that prescribed disputes may or must be submitted to arbitration, and governing the rights and obligations of the arbitrator and a party to the arbitration;

(e) respecting the priority of claims under the plan or optional insurance contracts;

(f) respecting indemnification provided under section 174 (3) or 175 (3), including, without limitation, regulations respecting how and in what form indemnification may be provided;

(g) respecting indemnification that was not paid or that was reduced, suspended or cancelled in prescribed circumstances under section 177 (1) (f) if the circumstances change, including determining if interest is payable, and if so, the amount of interest and the manner of payment;

(h) if an amount is paid under a regulation made under paragraph (g) and the circumstances revert to the prescribed circumstances in which insurance money should not have been paid or should have been reduced, suspended or cancelled, respecting the repayment of the insurance money paid, including the manner of repayment;

(i) respecting claims under this Part, including, without limitation, regulations authorizing the corporation to establish requirements respecting

(i) the form and manner of making claims,

(ii) the time by which claims must be made,

(iii) the circumstances in which the corporation may extend a time established for making a claim, and

(iv) procedures respecting a determination or decision made by the corporation under this Part;

(j) establishing requirements respecting how an authorization made under a regulation made under paragraph (f) is to be carried out.

(3) Without limiting subsection (1), where a provision in this Part confers a power, duty or function on the corporation subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

(a) providing exceptions to the provision;

(b) establishing conditions in relation to the operation of an exception or limit established by a regulation made under this subsection;

(c) establishing limits on the power, duty or function;

(d) establishing requirements respecting how the power, duty or function is to be carried out.

Part 12 — General

Division 1 — General Regulation-Making Powers

Power to make regulations under this Act

181   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) exempting a person or class of persons from a provision of this Act or the regulations made under this Act;

(b) defining, for the purposes of this Act or the regulations made under this Act, words or phrases used but not defined in this Act;

(c) providing that a contravention of a regulation made under this Act is an offence;

(d) establishing rates, formulas, rules or principles for determining or adjusting an amount payable or recoverable under this Act or for adjusting an amount specified in this Act or the regulations made under this Act;

(e) respecting any other matter for which regulations are contemplated by this Act.

(3) Without limiting subsection (2) (d), in making regulations under that subsection, the Lieutenant Governor in Council may provide for

(a) the use of a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) any matters respecting the use of a consumer price index.

(4) Without limiting this section, the Lieutenant Governor in Council may, when prescribing the meaning of a word or phrase in a provision of this Act that sets out definitions, make regulations setting out rules, methods, procedures, temporal requirements or any other things to determine the meaning.

(5) A regulation made under this Part may adopt by reference, in whole or in part or with any change the Lieutenant Governor in Council considers necessary,

(a) a regulation, code, standard or rule

(i) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or

(ii) set by a provincial, national or international body or any other code-, standard- or rule-making body, or

(b) a guideline or criteria published by a specified body.

(6) In making a regulation under this Act, the Lieutenant Governor in Council may, in addition to any other variation authority that is specifically provided,

(a) make different regulations for different benefits, indemnification, insurance money, persons, places, things, circumstances or transactions or for different classes of benefits, indemnification, insurance money, persons, places, things, circumstances or transactions, and

(b) establish different classes of benefits, indemnification, insurance money, persons, places, things, circumstances or transactions.

(7) In making a regulation under this Act, the Lieutenant Governor in Council may delegate a matter to or confer a discretion on the corporation.

Division 2 — Review of Parts 10 and 11

Review by special committee

182   On or before May 1, 2026, the Legislative Assembly must appoint a special committee to conduct a review of Parts 10 and 11, and the committee must submit a report on the results of the review to the Legislative Assembly within one year after the date of the appointment of the committee.

Division 3 — Transitional Regulation-Making Powers

Repealed

183   [Repealed RS1996-231-183 (4).]

Transitional regulations for Parts 10 and 11

184   (1) Despite this Act or any other Act, the Lieutenant Governor in Council may make regulations respecting Parts 10 and 11 as set out in section 183 (1) of this Act, and for that purpose, references in section 183 (1) to the Insurance (Vehicle) Amendment Act, 2018 must be read as references to the Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020.

(2) A regulation made under subsection (1) may be made retroactive to the date this section comes into force or a later date and, if made retroactive, is deemed to have come into force on the specified date.

(3) To the extent of any conflict between a regulation made under subsection (1) and another enactment, the regulation prevails.

(4) This section and any regulations made under this section are repealed on the date that is one year after the date this section comes into force, or on an earlier date prescribed by the Lieutenant Governor in Council.