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Volume 64, No. 5
62/2021
The British Columbia Gazette, Part II
March 9, 2021

B.C. Reg. 62/2021, deposited March 5, 2021, under the INSURANCE (VEHICLE) ACT [sections 29, 45, 72, 94, 169, 180 and 181] and the MOTOR VEHICLE ACT [sections 82 and 210]. Order in Council 111/2021, approved and ordered March 5, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) the Motor Vehicle Act ICBC Records Regulation, B.C. Reg. 1/97, is amended as set out in the attached Appendix 1,

(b) effective May 1, 2021, the Basic Vehicle Damage Coverage Regulation, B.C. Reg. 4/2021, is amended as set out in the attached Appendix 2,

(c) effective May 1, 2021, the Enhanced Accident Benefits Regulation is amended as set out in the attached Appendix 3,

(d) effective May 1, 2021, the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended as set out in the attached Appendix 4, and

(e) effective May 1, 2021, the Minor Injury Regulation, B.C. Reg. 234/2018, is amended as set out in the attached Appendix 5.

— M. FARNWORTH, Minister of Public Safety and Solicitor General; J. WHITESIDE, Presiding Member of the Executive Council.

Appendix 1

1 Section 2 of the Motor Vehicle Act ICBC Records Regulation, B.C. Reg. 1/97, is amended

(a) by striking out "the records described below are prescribed" and substituting "the following records are prescribed",

(b) by repealing paragraph (e) (ii) and substituting the following:

(ii) records that pertain to or set out the particulars of the cancellation of registrations; , and

(c) in paragraph (e) by adding the following subparagraph:

(iv) records that pertain to or set out the particulars of licences or number plates surrendered, cancelled or dealt with as directed by the corporation.

Appendix 2

1 Section 1 of the Basic Vehicle Damage Coverage Regulation, B.C. Reg. 4/2021, is amended by repealing the definitions of "amphibious vehicle", "element of race or speed test", "garage service operator", "household", "out-of-province owner" and "road building machine" and substituting the following:

"amphibious vehicle" means amphibious vehicle as defined in section 1 (1) of the Insurance (Vehicle) Regulation;

"element of race or speed test" means element of race or speed test as defined in section 2 (2) of the Insurance (Vehicle) Regulation;

"garage service operator" means garage service operator as defined in section 1 (1) of the Insurance (Vehicle) Regulation;

"household" means household as defined in section 1 (1) of the Insurance (Vehicle) Regulation;

"out-of-province owner" means out-of-province owner as defined in section 178 (1) of the Act;

"road building machine" means road building machine as defined in section 1 of the Commercial Transport Act.

2 Section 18 (1) is repealed and the following substituted:

(1) In this section, "passenger directed vehicle" means passenger directed vehicle as defined in section 1 of the Passenger Transportation Act.

Appendix 3

1 Section 1 (1) of the Enhanced Accident Benefits Regulation is amended

(a) by adding the following definition:

"supported person" means supported person as defined in section 78 of the Insurance (Vehicle) Regulation; , and

(b) in paragraph (b) of the definition of "occupant" by striking out "an individual supported by" and substituting "a supported person of".

Appendix 4

1 Section 1 (1) of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended

(a) by repealing the definitions of "dependant", "dependent child" and "dependent parent",

(b) by adding the following definition:

"excluded vehicle" means excluded vehicle as defined in section 113 of the Act; ,

(c) by repealing the definition of "lienholder" and substituting the following:

"lien holder" means a secured party under the Personal Property Security Act, a garage keeper under the Repairers Lien Act or any other person claiming an interest in a vehicle if the person has registered a financing statement in the personal property registry; ,

(d) by adding the following definition:

"non-standard motor vehicle" means non-standard motor vehicle as defined in section 113 of the Act; ,

(e) by repealing the definition of "number plates" and substituting the following:

"number plate" means number plate as defined in the Motor Vehicle Act,

(f) by repealing the definitions of "occupant" and "operate", and

(g) by repealing paragraph (b) of the definition of "physician" and substituting the following:

(b) a person who is authorized, by a body in a jurisdiction outside British Columbia that regulates the practice of medicine in that other jurisdiction, to practise medicine; .

2 Section 1 (2.1) (b) is amended by adding the following subparagraph:

(iii) a person who is authorized, by a body in a jurisdiction outside British Columbia that regulates the practice of medicine in that other jurisdiction to practice medicine.

3 Section 1.1 (a) is repealed and the following substituted:

(a) coverage under Parts 10 and 11 of the Act and Parts 6, 7 and 10 of this regulation; .

4 Section 2 (1) is amended

(a) by striking out "in an additional product certificate, the Act" and substituting "in an additional product certificate or in Parts 10 or 11 of the Act, the Act",

(b) in paragraph (b) by striking out "section 43 or 44 of the Act" and substituting "section 1.01 or 1.02 of the Act",

(c) in paragraph (d) by striking out "without a driver" and substituting "without a driver in the vehicle", and

(d) by repealing paragraph (h) and substituting the following:

(h) a vehicle that is fitted with wheels of the crawler type, including track conversion kits, rubber track conversion systems and rubber tracked crawlers, while the vehicle is being operated off a highway, except if that vehicle is

(i) licensed under section 10 of the Motor Vehicle Act, or

(ii) a snowmobile or a snow vehicle.

5 The following section is added to Part 1:

Employment information

2.2 For the purposes of section 29 (b) of the Act, the following information is prescribed:

(a) details of the person's job, including the following:

(i) the job title;

(ii) the job description, including a description of the duties and responsibilities of the job;

(iii) a description of the physical and mental demands of the job;

(iv) the hours of work;

(v) if the person worked shifts, information about the shift;

(vi) the person's working conditions;

(b) the requirements or qualifications required for the person's job, including certifications, education, skills, professional licences, specialized knowledge and work experience;

(c) information about the person's work history, including the following:

(i) the start date in each job with the employer;

(ii) the last day worked in each job with the employer;

(iii) whether the accident occurred in the course of the person's employment;

(d) whether the employer was planning to promote, or change the person's job duties, before the date of the accident;

(e) information about how the accident has affected the person's employment, including how much time the person has been off work due to the accident;

(f) information about the person's return-to-work plan, including the following:

(i) information about the plan for the return to the person's job, including, the following:

(A) the timeline for the return to work;

(B) a description of modified duties;

(C) a description of the person's modified work schedule;

(D) a description of the person's modified working conditions;

(ii) information about workplace barriers that might have a negative impact on the return-to-work plan and may result in the need to provide accommodation for the person;

(iii) information about support systems to support the person's return-to-work plan;

(iv) updates on how the person is progressing in the return-to-work plan;

(g) information about the person's eligibility for remuneration, including the following information:

(i) information about other compensation, within the meaning of section 122 of the Act, the person may be entitled to, or is receiving, including the following:

(A) benefits under the Workers Compensation Act;

(B) paid sick leave;

(C) short-term and long-term disability benefits;

(D) extended health benefits;

(ii) the value of the personal use of a vehicle provided by the employer before the date of the accident;

(iii) the cash value of a profit-sharing plan at the person's employment of which the person is a member;

(iv) the value of the employer's contribution to the person's pension plan lost because of the accident;

(v) the cash value of any other benefit that the person received, or was entitled to receive, in the 52 weeks before the date of the accident;

(vi) information about any additional remuneration provided by the employer;

(h) the person's record of employment within the meaning of section 19 of the Employment Insurance Regulations under the Employment Insurance Act (Canada).

6 Section 7 is amended by striking out "Section 25 (2) and (3) of the Interpretation Act" and substituting "Section 25 (3) and (4) of the Interpretation Act".

7 Section 10 is repealed and the following substituted:

Effect of owner's certificate

10 An owner's certificate validated by the corporation evidences that

(a) an insured, as defined in sections 63, 78, 147, 148 and 148.1 of this regulation, has coverage under Part 6, Part 7, sections 147 and 148 and Division 2 of Part 10 of this regulation respectively,

(b) an insured, as defined in section 113 of the Act, has coverage under Part 10 of the Act, and

(c) an insured, as defined in section 170 of the Act, has coverage under Part 11 of the Act.

8 Section 42 is repealed and the following substituted:

Interpretation

42 In this Part, "insured" means

(a) a resident named on a driver's certificate other than a person driving a vehicle that is exempted under section 1.01 or 1.02 of the Act, or

(b) for the purpose of payment of insurance money, if the person referred to in paragraph (a) is deceased, the personal representative of that person.

9 Section 54 is amended by striking out "lienholder" wherever it appears and substituting "lien holder" and by striking out "lienholder's" and substituting "lien holder's".

10 Section 55 (3) (a) is amended by striking out "not authorized and qualified" and substituting "not authorized and not qualified".

11 Section 55 (8) is amended

(a) in paragraph (b) (iii) by adding "or" after "subparagaph (i) or (ii),",

(b) in paragraph (c) (i) by adding "or" after "the Criminal Code",

(c) by repealing paragraph (c) (ii),

(d) in paragraph (c) (iii) by striking out "subparagraph (i) or (ii)" and substituting "subparagraph (i)",

(e) by striking out ", or" at the end of subsection (8) (c), and

(f) by repealing paragraph (d).

12 Section 55 (9) is amended

(a) by repealing the definition of "convicted" and substituting the following:

"convicted" includes being

(a) convicted under the Youth Criminal Justice Act (Canada) for contravening

(i) a provision referred to in the definition of "motor vehicle related Criminal Code offence", or

(ii) in the case of a contravention occurring before December 18, 2018, a provision referred to in subsection (8) (c) (i), and

(b) convicted or the subject of 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 a law of that jurisdiction referred to in subsection (8) (b) (iii) or (c) (iii); ,

(b) by adding the following subparagraph to paragraph (b) of the definition of "motor vehicle related Criminal Code Offence":

(iii.1) section 254 (5); , and

(c) by repealing subparagraphs (i) to (x) in paragraph (c) of the definition of "motor vehicle related Criminal Code Offence" and substituting the following:

(i) section 235;

(ii) section 236;

(iii) section 239 (1);

(iv) section 320.13 (1);

(v) section 320.13 (2);

(vi) section 320.13 (3);

(vii) section 320.14 (1) (a);

(viii) section 320.14 (1) (b);

(ix) section 320.14 (1) (c);

(x) section 320.14 (1) (d);

(xi) section 320.14 (2);

(xii) section 320.14 (3);

(xiii) section 320.15 (1);

(xix) section 320.15 (2);

(xx) section 320.15 (3);

(xxi) section 320.16 (1);

(xxii) section 320.16 (2);

(xxiii) section 320.16 (3);

(xxiv) section 320.18 (1).

13 Section 56 is amended

(a) in subsection (1) (a) by striking out "of prescribed substances under the Atomic Energy Control Act (Canada)" and substituting "of nuclear substances within the meaning of the Nuclear Safety and Control Act (Canada)",

(b) in subsection (2) by striking out "radio-isotopes" and substituting "radioisotopes", and

(c) in subsection (2) (b) by striking out "utilizing radio-isotopes" and substituting "using radioisotopes".

14 Section 56.1 is repealed and the following substituted:

Additional product certificate

56.1 A reference in this Part to Part 6, 7 or 10 of this regulation or Part 10 or 11 of the Act includes coverage under those Parts that is evidenced by an additional product certificate or by a fleet reporting certificate issued under section 168 of this regulation.

15 Section 57 (1) is amended by striking out "his employee" and substituting "an employee of the garage service operator" and by striking out "Part 6 or 7 to the garage service operator or an employee of the garage service operator" and substituting "Part 6 or 7 of this regulation or Part 10 or 11 of the Act to the garage service operator or the employee".

16 Section 64 is amended by striking out "Subject to section 67," and substituting "Subject to this Part," and by striking out "shall" and substituting "must".

17 Section 65 (2) (e) is amended by striking out "section 43 or 44 of the Act" and substituting "section 1.01 or 1.02 of the Act".

18 Section 67.1 (a) is amended by striking out "within the meaning of section 1.1 of the Act" and substituting "under Part 7 of this regulation".

19 Section 68 (2) is amended by striking out "section 20 or section 24 of the Act" and substituting "section 20 or 24 of the Act for accidents occurring before May 1, 2021".

20 Section 72.1 is amended by repealing subsection (1) and substituting the following:

(1) The corporation must not indemnify an insured under this Part in respect of any of the following:

(a) a general or special assessment, penalty or premium payable under the Workers Compensation Act or a similar law of another jurisdiction;

(b) liability imposed on an insured that arises out of the use or operation of an excluded vehicle or a non-standard motor vehicle when the use or operation does not occur on the portion of a highway on which the vehicle is authorized to be operated, unless a garage vehicle certificate provides coverage in respect of the insured's vehicle and the use or operation occurs off highway and while the vehicle is in the care, custody or control of a garage service operator in the course of the garage service operator's business activities and role as garage service operator;

(c) liability imposed on a person by law in respect of the exceptions in section 116 (2) (f) and (g) of the Act.

21 Section 78 is amended

(a) in paragraph (d) (i) of the definition of "insured" by striking out "section 43 or 44 of the Act" and substituting "section 1.01 or 1.02 of the Act",

(b) by repealing the definition of "rehabilitation", and

(c) by adding the following definitions:

"supported 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 most of the person's financial support from the insured because of a mental or physical disability;

(c) a child of an insured who is born after the death of the insured and survives for at least 60 days after birth;

"supported parent" means a surviving parent, including a surviving 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 receives most of the supported parent's financial support from the insured;

"supported person" means

(a) a supported child, or

(b) a supported parent.

22 The following section is added:

Application of Part

78.01 This Part applies to accidents that occur before May 1, 2021.

23 Section 88 is amended

(a) in subsection (1) (c) by striking out "dental" and substituting "medical, surgical, dental",

(b) by repealing subsection (4) and substituting the following:

(4) The corporation is not liable to insure, repair, replace or maintain a motor vehicle acquired by an insured under subsection (2) (a). , and

(c) by adding the following subsection:

(4.1) For the purposes of subsection (4), the cost of maintenance includes operating costs.

24 Section 89 is amended by striking out "the Commercial Arbitration Act" and substituting "the Arbitration Act".

25 Section 90 (1) is amended by striking out "medical practitioner" and substituting "physician".

26 Section 92 (1) is amended

(a) by striking out "dependants" wherever it appears and substituting "supported persons",

(b) by striking out "dependant" wherever it appears and substituting "supported person", and

(c) in paragraph (f) (i) by striking out "dependent" and substituting "supported person".

27 Section 92 is amended

(a) in subsection (2) (b) by striking out "deceased dependent child" and substituting "deceased supported child",

(b) in subsection (5) (b) by striking out "deceased dependent parent" and substituting "deceased supported parent",

(c) in subsection (6) by striking out "dependent child" and substituting "supported child",

(d) in subsection (8) by striking out "deceased dependent child" and substituting "deceased supported child", and

(e) in subsection (9) by striking out "deceased dependent parent" and substituting "deceased supported parent".

28 Section 96 is amended

(a) in paragraph (a) by striking out "who is resident outside the Province" and substituting "who is not a resident",

(b) in paragraph (b) (ii) by striking out "section 43 or 44 of the Act" and substituting "section 1.01 or 1.02 of the Act", and

(c) by repealing paragraph (c) and substituting the following:

(c) who commits suicide or attempts to commit suicide, .

29 Section 98 (1.1) (b) is amended by striking out "verbal, written and electronic formats" and substituting "oral and written formats".

30 Section 100 is repealed and the following substituted:

Autopsy

100 (1) If death occurs as a result of an accident for which benefits may be payable under this Part, the corporation may withhold benefits payable under section 92 until the person claiming the benefits allows the corporation to order an autopsy or post mortem examination to be performed at the expense of the corporation.

(2) If death occurs a considerable time after the date of the accident and in circumstances that, in the opinion of the corporation, raise doubt as to whether the insured died as a result of the accident, the corporation must withhold any benefits under section 92 unless, before burial or cremation of the insured, the person claiming the benefits informs the corporation of the death and allows the corporation to order an autopsy or post mortem examination at the expense of the corporation.

(3) The corporation must refer any dispute respecting an autopsy or post mortem examination to the chief coroner or another coroner appointed under the Coroners Act.

31 Section 105 is amended

(a) in subsection (1) by striking out "shall" and substituting "must", and

(b) by repealing subsection (2) and substituting the following:

(2) The liability of the corporation under section 24 (1) of the Act, as that section read on April 30, 2021, arising out of accidents occurring before May 1, 2021 for recovery for property damage is limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3 of this regulation.

(3) The liability of the corporation under section 24 (1.1) of the Act arising out of accidents occurring on or after May 1, 2021 for recovery for non-vehicle property damage is limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3.

32 Section 107 is amended

(a) in subsection (1) by adding "arising out of an accident occurring before May 1, 2021" before "if the owner", and

(b) in subsection (2) (a) by striking out "while the vehicle is, without the consent of the owner, in the possession of another, or" and substituting the following:

(i) while the vehicle is, without the consent of the owner, in the possession of another, and

(ii) out of an accident occurring before May 1, 2021, or .

33 Section 108 repealed and the following substituted:

Forms

108 (1) The forms set out in Schedule 4 are prescribed for the purpose of section 20 of the Act in respect of accidents occurring before May 1, 2021.

(2) The forms set out in Schedule 4.1 are prescribed for the purpose of section 20 of the Act in respect of accidents occurring on or after May 1, 2021.

34 Section 147 is amended

(a) in subsection (1) by repealing paragraph (d) of the definition of "insured" and substituting the following:

(d) the renter named in an owner's certificate; , and

(b) in subsection (5) by striking out "the Commercial Arbitration Act" and substituting "the Arbitration Act".

35 Section 148 (8) is amended by striking out "the Commercial Arbitration Act" and substituting "the Arbitration Act".

36 Section 149 is amended

(a) in subsection (2) by striking out "Parts 6, 7 and 10" and substituting "Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act",

(b) in subsection (3) by striking out "Division 2 of Part 10" and substituting "Division 2 of Part 10 of this regulation and Parts 10 and 11 of the Act",

(c) in subsection (4) by adding "of this regulation" after "Division 1 of Part 10",

(d) in subsection (5) by adding "of this regulation" after "Part 10",

(e) by repealing subsection (6) and substituting the following:

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

(f) in subsection (7) by striking out "Part 6, 7 or 10" and substituting "Part 6, 7 or 10 of this regulation or Parts 10 or 11 of the Act",

(g) in subsection (8) by striking out "Parts 6, 7 and 10" and substituting "Parts 6, 7 and 10 of this regulation or Parts 10 or 11 of the Act", and

(h) in subsection (9) by adding "of this regulation" after "Division 2 of Part 10".

37 Section 154.3 (1) is amended by striking out "Parts 6 and 7" and substituting "Parts 6 and 7 of this regulation and Parts 10 and 11 of the Act".

38 Section 154.91 (1) is amended by striking out "Parts 6, 7 and 10" and substituting "Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act".

39 Section 155 (1) is amended in the definition of "owner" by striking out "lienholder" and substituting "lien holder".

40 Section 168 (3) is amended by striking out "Parts 6, 7 and 10" and substituting "Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act".

41 Section 175 (1) is amended by striking out "of prescribed substances under the Atomic Energy Control Act (Canada)" and substituting "of nuclear substances within the meaning of the Nuclear Safety and Control Act (Canada)".

42 Section 176 (1) (b) is amended by striking out "the amount payable in respect of" and substituting "the value of the".

43 Section 177 (1) is amended by striking out "the Commercial Arbitration Act" and substituting "the Arbitration Act".

44 Section 9 (2) of Schedule 3 is amended by striking out "section 105 (2)" and substituting "section 105 (2) or (3)".

45 The heading to Schedule 4 is repealed and the following substituted:

Prescribed Forms for Accidents Occurring Before May 1, 2021 .

46 The following Schedule is added:

Schedule 4.1

Prescribed Forms for Accidents Occurring
On or After May 1, 2021

(Section 108)

Prescribed forms page 1

Prescribed forms page 2

Appendix 5

1 Section 1 (1) of the Minor Injury Regulation, B.C. Reg. 234/2018, is amended by repealing the definition of "activities of daily living".

2 Section 10 is amended by adding the following subsection:

(0.1) This section applies to accidents that occur before May 1, 2021.


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