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Volume 64, No. 9
117/2021
The British Columbia Gazette, Part II
May 4, 2021

B.C. Reg. 117/2021, deposited April 28, 2021, under the INSURANCE (VEHICLE) ACT [sections 45, 45.1, 104, 159, 169 and 181]. Order in Council 263/2021, approved and ordered April 28, 2021.

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

(a) section 7 of Appendix 4 of B.C. Reg. 62/2021, as it enacts section 10 (a) of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended by striking out "147, 148 and 148.1" and substituting "147 and 148.1" and by striking out "sections 147 and 148" and substituting "section 147",

(b) the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended as set out in the attached Appendix 1,

(c) the Minor Injury Regulation, B.C. Reg. 234/2018, is amended as set out in the attached Appendix 2,

(d) effective May 1, 2021, the Basic Vehicle Damage Coverage Regulation, B.C. Reg. 4/2021, is amended as set out in the attached Appendix 3,

(e) effective May 1, 2021, the Enhanced Accident Benefits Regulation, B.C. Reg. 59/2021, is amended as set out in the attached Appendix 4,

(f) effective May 1, 2021, the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, B.C. Reg. 60/2021, is amended as set out in the attached Appendix 5,

(g) effective May 1, 2021, the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended as set out in the attached Appendix 6, and

(h) effective May 1, 2021, the Permanent Impairment Regulation, B.C. Reg. 61/2021, is amended as set out in the attached Appendix 7.

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

Appendix 1

1 Section 148 of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended

(a) in subsection (2) by striking out "Where" and substituting "If", by striking out "shall" and substituting "must" and by striking out "he" and substituting "the insured or person",

(b) in subsection (4) (c) by striking out "an operator of, or a passenger in or on," and substituting "an operator or an occupant of",

(c) in subsection (6) by striking out "Where" and substituting "If" and by striking out "shall" and substituting "must",

(d) in subsections (7), (7.1) and (8) by striking out "shall" wherever it appears and substituting "must", and

(e) in subsection (8) by striking out "the Commercial Arbitration Act" and substituting "the Arbitration Act".

Appendix 2

1 Section 6 (3) of the Minor Injury Regulation, B.C. Reg. 234/2018, is repealed and the following substituted:

(3) Despite subsection (2), if the annual percentage change as determined under subsection (4)

(a) is a negative number, the annual percentage change is zero, or

(b) is greater than 6%, the annual percentage change is 6%.

Appendix 3

1 Section 1 of the Basic Vehicle Damage Coverage Regulation, B.C. Reg. 4/2021, is amended by adding the following definitions:

"implement of husbandry" means an implement of husbandry as defined in section 1 of the Motor Vehicle Act;

"non-prohibited farm use vehicle" means

(a) an implement of husbandry that is temporarily driven, propelled, drawn or moved on a highway by or on behalf of a farmer unless the implement is used as described in section 2 (5) (a) of the Motor Vehicle Act, and

(b) a trailer that is being towed on a highway by a tractor licensed under section 8 of the Motor Vehicle Act by a farmer to transport on the trailer the produce of the farmer's farm to market and to transport supplies for that farm from market;

"specified non-prohibited farm use vehicle" means a non-prohibited farm use vehicle in respect of which no coverage is provided under a certificate, other than coverage described in section 8.1; .

2 Section 3 (f) is amended by striking out "or" at the end of subparagraph (i), by adding "or" at the end of subparagraph (ii) (C) and by adding the following subparagraph:

(iii) specified non-prohibited farm use vehicles; .

3 Section 6 (2) (e) and (f) is amended by striking out "or a non-motive trailer" and substituting ", a non-motive trailer or a specified non-prohibited farm use vehicle".

4 The heading to Division 1 of Part 3 is repealed and the following substituted:

Division 1 – Coverage and Prescribed Classes of
Vehicles and Persons .

5 The following section is added to Division 1 of Part 3:

Coverage in respect of specified non-prohibited farm use vehicle

8.1 A certificate issued in respect of a motor vehicle providing the motive power for a specified non-prohibited farm use vehicle that is being drawn on a highway is deemed to provide coverage under section 174 [coverage – accident on highway] of the Act in respect of the specified non-prohibited farm use vehicle.

6 Section 9 (2) is amended by adding the following paragraph:

(k) specified non-prohibited farm use vehicles that are being carried in or on another vehicle.

7 Section 10 (2) is amended

(a) by repealing paragraph (b) (iii) and substituting the following:

(iii) the eligible vehicle is none of the following:

(A) an authorized trailer;

(B) a non-motive trailer;

(C) a specified non-prohibited farm use vehicle on a highway, ,

(b) in paragraph (b) by striking out "occupants of an authorized trailer or a non-motive trailer" and substituting "occupants of a specified non-prohibited farm use vehicle on a highway, an authorized trailer or a non-motive trailer",

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

(iii) the eligible vehicle is a specified non-prohibited farm use vehicle on a highway, an authorized trailer or a non-motive trailer, ,

(d) in paragraph (d) (iv) by striking out "or a non-motive trailer" and substituting ", a non-motive trailer or a specified non-prohibited farm use vehicle", and

(e) by repealing paragraph (f) (iv) and substituting the following:

(iv) the eligible vehicle is not an authorized trailer, a non-motive trailer or a specified non-prohibited farm use vehicle; .

8 Section 13 (1) is amended by striking out "damage to or the loss of" and substituting "damage to or loss of".

9 Section 17 is amended

(a) by repealing subsections (1) and (3) and substituting the following:

(1) In this section, "specified percentage" means the percentage determined by dividing the amount of indemnification paid or payable to an insured under Part 11 of the Act for damage to or loss of an eligible vehicle that is a total loss by the actual cash value of an eligible vehicle.

(3) If the corporation pays indemnification under Part 11 of the Act to an insured because of total loss of an eligible vehicle,

(a) in the case that the corporation takes title to the vehicle and receives the proceeds of the sale or other disposition of the salvage in the vehicle, the corporation must

(i) retain the specified percentage of the proceeds, and

(ii) pay the remainder to the insured, and

(b) in the case that the corporation does not take title to the vehicle, the corporation must deduct the specified percentage from the indemnification. , and

(b) by adding the following subsection:

(4) For certainty, this section does not apply to the loss of use of an eligible vehicle.

10 Section 21 (3) is amended by striking out "subsection (1)" and substituting "subsection (2)".

11 Section 24 (3) (a) is repealed and the following substituted:

(a) must not be greater than the amount for which the insured would be indemnified, and .

12 Section 28 is amended by striking out "or" at the end of paragraph (a), by adding "or" at the end of paragraph (b) and by adding the following paragraph:

(c) the price received, or the estimated price that would have been received, from the sale of the damaged eligible vehicle.

Appendix 4

1 Section 1 (2) of the Enhanced Accident Benefits Regulation, B.C. Reg. 59/2021, is amended in paragraph (b) of the definition of "occupant" by striking out "an individual supported by" and substituting "a supported person of".

2 The following section is added:

Prescribed circumstances in which permanent impairment
compensation, income replacement benefits and death
benefits are reduced – charges

16.1 (1) For the purposes of section 121 (1) (f) of the Act, the following circumstances are prescribed:

(a) the insured's use or operation of a vehicle caused bodily injury and results in the insured being charged with one of the Criminal Code offences prescribed in section 12 of this regulation;

(b) the insured's use or operation of a vehicle caused bodily injury and results in the insured being charged under the Youth Criminal Justice Act (Canada) with one of the offences prescribed in section 12 of this regulation;

(c) the insured's use or operation of a vehicle caused bodily injury and results in the insured being charged in the United States of America with an offence that is the same as, or similar to, one of the offences prescribed in section 12 of this regulation;

(d) the insured's use or operation of a vehicle caused bodily injury and results in the insured being charged in the United States of America with an offence under a law similar to the Youth Criminal Justice Act (Canada) that is the same as, or similar to, one of the offences prescribed in section 12 of this regulation.

(2) If all of the following apply:

(a) one of the circumstances prescribed in subsection (1);

(b) an insured is entitled to a lump sum payment under section 129 of the Act;

(c) the corporation exercises its discretion under section 121 (1) of the Act to reduce benefits under Part 10 of the Act to or on behalf of the insured,

the lump sum payment must be reduced in accordance with section 16 (5) of this regulation.

(3) If all of the following apply:

(a) one of the circumstances prescribed in subsection (1);

(b) an insured is entitled to an income replacement benefit under section 131, 132, 133, 134, 137, 138, 139, 142, 143 or 144 of the Act, or a retirement income benefit under section 150 of the Act;

(c) the corporation exercises its discretion under section 121 (1) of the Act to reduce benefits under Part 10 of the Act to or on behalf of the insured,

the income replacement benefit or retirement income benefit, as applicable, that would otherwise be payable in the first 12 months after the accident must be reduced in accordance with section 16 (6) of this regulation.

(4) If all of the following apply:

(a) one of the circumstances prescribed in subsection (1), with references to "insured" to be read as references to "claimant", applies in respect of a claimant;

(b) there is an entitlement to a lump sum death benefit under section 156, 157, 158 or 159 of the Act;

(c) the corporation exercises its discretion under section 121 (1) of the Act to reduce benefits under Part 10 of the Act to or on behalf of the insured,

the lump sum death benefit must be reduced in accordance with section 16 (7) of this regulation.

(5) If, after all rights of appeal are exhausted or extinguished, an insured is not convicted of any of the charges, the corporation must pay to the insured the amount of benefit the insured would have been paid if the insured had not been charged, plus interest at a rate determined in accordance with subsections (6) and (7), from the date on which the benefit was reduced under subsection (2), (3) or (4).

(6) For the purposes of subsection (5), the rate of interest, during each successive 3-month period beginning on April 1, July 1, October 1 and January 1 in each year, is the prime lending rate of the principal banker to the Province on the 15th day of the month immediately preceding that 3-month period.

(7) Interest is to be compounded monthly and calculated on the number of days since

(a) the last compounding of interest, or

(b) if no previous compounding has occurred, the date that interest is payable.

3 Section 18 is amended

(a) in subsection (1) by adding the following definition:

"Memorial Grant Program for First Responders" means the Memorial Grant Program for First Responders as defined in section 1 (1) of the Insurance (Vehicle) Regulation; ,

(b) in subsection (3) by adding ", other than vehicle insurance," after "in effect", and

(c) in subsection (7) by adding ", other than an amount paid under the Memorial Grant Program for First Responders," after "Canada".

4 Section 37 (5) is amended by adding "and" at the end of paragraph (a).

5 Section 43 is amended by adding the following subsection:

(2.1) An insured is not entitled to the caregiver benefit if

(a) the insured receives an income replacement benefit described in section 2 (7) [amount and limit] of the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, or

(b) the insured receives an income replacement benefit described in section 7 (1) [non-earners – first 180 days] of the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation.

6 Section 44 (5) is repealed and the following substituted:

(5) For the purposes of section 153 (1) (e) of the Act, the following classes of persons are prescribed:

(a) insureds who receive an income replacement benefit described in section 2 (7) of the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, whether or not they are part-time earners or non-earners as defined in section 113 of the Act;

(b) insureds who receive an income replacement benefit described in section 7 (1) of the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation.

Appendix 5

1 Section 2 (9) (b) of the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, B.C. Reg. 60/2021, is amended by striking out "under 133 (1)" and substituting "under section 133 (1)".

2 Section 11 is amended

(a) in subsections (1) (d) and (2) (d) by striking out "on which insured's" and substituting "on which the insured's",

(b) in subsection (3) by striking out "the following periods of time, in the corresponding following circumstances, are prescribed for the purposes of section 146 (2) of the Act for all insureds except those with a catastrophic injury:" and substituting "a full-time earner, a part-time earner or a temporary earner, except those with a catastrophic injury, who lost the employment the insured held or would have held before receiving an income replacement benefit because of the accident, under section 146 (2) of the Act, is entitled to continue to receive the income replacement benefit from the date the insured regains the ability to hold the employment, for the following period:", and

(c) by adding the following subsections:

(4) Despite subsection (3) and subject to subsection (5), a full-time earner, a part-time earner or a temporary earner, except those with a catastrophic injury, who regains the ability to hold the employment the insured held or would have held before receiving an income replacement benefit, is entitled to continue to receive an income replacement benefit calculated on the basis of the benefits the insured would have been paid under the Employment Insurance Act (Canada) if

(a) as a result of seasonal demands, that employment is no longer available, and

(b) the insured

(i) is not eligible for benefits under the Employment Insurance Act (Canada), and

(ii) continues to be available for employment.

(5) An insured is entitled to an income replacement benefit under subsection (4) until the earlier of the following:

(a) the date that the insured's benefits under the Employment Insurance Act (Canada) would have expired;

(b) the date that the insured obtains employment.

3 Section 18 (1) is amended in the definition of "business income" by striking out "significant influence shareholder" and substituting "significant-influence shareholder".

4 Section 27 is amended in the description of "GYEI" by striking out "sections 20" and substituting "section 20".

5 Section 51 (1) is amended in the definition of "full-time basis" by repealing paragraph (d) and substituting the following:

(d) if attending the secondary school or post-secondary educational institution, is doing so on a regular basis, .

6 Sections 54 (1) and 61 (1) are amended by adding "under section 17 or 18" after "must be determined".

Appendix 6

1 Section 1 (1) of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended by adding the following definition:

"Memorial Grant Program for First Responders" means the Memorial Grant Program for First Responders established by the government of Canada; .

2 Section 2.2 (f) (i) is amended by striking out "including, the following:" and substituting "including the following:".

3 Section 15.7 (3) is amended by striking out "his or her" and substituting "the registrant's".

4 Section 49 is amended

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

(b) in subsection (1) (c) by striking out "he" and substituting "the insured".

5 Section 49.3 is amended by adding "and" at the end of paragraph (a) and by repealing paragraph (b).

6 Section 55 is amended

(a) in subsection (3.1) by striking out "his or her" and substituting "the insured's",

(b) by repealing subsection (7.1) and substituting the following:

(7.1) An insured is deemed to have breached a condition of section 49 and Part 6 if the injury, death, loss or damage in respect of which the insured's claim is made is caused by or results from an intentional act of violence committed by the insured by means of a vehicle unless the insured is a mentally disordered person at the time of the act. ,

(c) in subsection (8) by striking out "where" and substituting "if", and

(d) in subsection (8) (a) by striking out "he" and substituting "the insured".

7 Section 57 is amended

(a) in subsection (1) by striking out "Where" and substituting "If",

(b) in subsection (2) (a) by striking out "his employee" and substituting "an employee of the garage service operator",

(c) in subsection (2) (a) (i) and (ii) by striking out "his", and

(d) in subsection (2) (b) by striking out "to him" and substituting "to the customer".

8 The following sections are added to Part 5:

Other insurance

62.1 (1) This section applies to an accident occurring on or after May 1, 2021.

(2) If benefits are provided and evidenced by

(a) an owner's certificate issued in respect of a vehicle of which an individual who sustains bodily injury caused by a vehicle

(i) is an operator or occupant, or

(ii) is not an operator or occupant of a vehicle and is struck by

(A) the vehicle, or

(B) something other than a vehicle because of the vehicle, and

(b) an owner's certificate issued in respect of a vehicle not involved in the accident,

the benefits described in paragraph (a) are primary and the benefits described in paragraph (b) are available only to the extent that the amount of those benefits exceeds the amount of the benefits described in paragraph (a).

(3) If benefits are provided and evidenced by more than one owner's certificate issued in respect of vehicles other than the vehicle involved in the accident, benefits are provided only under the owner's certificate that provides the greatest amount of benefits and if the amounts are equal, the corporation may determine which owner's certificate applies.

(4) If an insured is also insured under vehicle insurance that provides compensation similar to benefits under Part 10 of the Act or that provides similar benefits or insurance under similar legislation of another jurisdiction, then,

(a) if the accident occurs in British Columbia, the vehicle insurance issued in respect of a vehicle of which the insured is

(i) an operator or occupant, or

(ii) not an operator or occupant of a vehicle and is struck by

(A) the vehicle, or

(B) something other than a vehicle because of the vehicle,

is primary, and benefits or compensation similar to benefits under Part 10 of the Act or similar benefits or insurance under similar legislation of another jurisdiction is available only to the extent that the amount that it provides exceeds the amount provided by the vehicle insurance issued in respect of the vehicle, or

(b) if the accident occurs outside British Columbia but otherwise within the area described in section 118 of the Act, the liability of the corporation for payment of benefits must be determined as if the provisions of the legislation of that jurisdiction respecting terms, conditions and priorities of vehicle insurance applied in respect of benefits.

Exclusion from certificate coverage

62.2 A certificate does not evidence coverage under Part 10 of the Act in relation to the following:

(a) a non-standard motor vehicle, if the accident does not occur on the portion of the highway on which the vehicle is authorized to be operated;

(b) a trailer that is not an excluded vehicle, if the accident occurs off-highway;

(c) an excluded vehicle, if the accident does not occur on the portion of the highway on which the vehicle is authorized to be operated.

9 Section 65 (2) (f) is amended by striking out "he" and substituting "the insured".

10 The following section is added:

Prescribed circumstance

67.2 For the purposes of section 83 (1) (f) of the Act, the prescribed circumstance is the payment of an amount under the Memorial Grant Program for First Responders.

11 Section 73 (1) is amended

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

(b) in paragraph (a) (i) by striking out "he" and substituting "the insured",

(c) in paragraph (a) (i) and (iii) by striking out "him" and substituting "the insured", and

(d) in paragraph (d) by striking out "his" and substituting "the insured's".

12 Section 75 is amended by striking out "shall be" and substituting "is" and by striking out "him" and substituting "the insured".

13 Sections 82 and 83 are repealed and the following substituted:

Payments under Workers Compensation Act

82 (1) If an insured who is a worker to whom the Workers Compensation Act or a similar law of another jurisdiction applies is injured or killed in the course of the insured's employment, the corporation is not liable to pay benefits under this Part for the injury or death, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, the insured's spouse or the insured's personal representative under the Workers Compensation Act or similar law of another jurisdiction for the same injury or death.

(2) Subsection (1) applies even if the insured, the insured's spouse or the insured's personal representative has elected not to claim or has forfeited the insured's claim under the Workers Compensation Act or other similar law for the injury or death.

Unemployment benefits

83 (1) If an insured who is also an insured person under the Employment Insurance Act (Canada) is injured, the corporation is not liable to pay benefits under this Part for the injury, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, the insured's spouse or the insured's personal representative under the Employment Insurance Act (Canada) for the same injury.

(2) Subsection (1) applies even if the insured, the insured's spouse or the insured's personal representative has elected not to claim or has forfeited the insured's claim under the Employment Insurance Act (Canada) for the injury.

14 Section 86 is amended

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

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

(2) If benefits are payable under the Canada Pension Plan or the Quebec Pension Plan to an insured during the period and in respect of a disability for which benefits are payable to the insured under this section, the amount payable each month under this section must be reduced by an amount not exceeding the amount of the first regular monthly benefit cheque received by the insured under the Canada Pension Plan or the Quebec Pension Plan after the insured becomes eligible for benefits under this section.

(2.1) The amount deducted under subsection (2) must continue to be deducted even if the amount payable to the insured under the Canada Pension Plan or the Quebec Pension Plan is increased during the time the insured remains eligible for benefits under this section.

(2.2) If the amount payable to an insured under the Canada Pension Plan or the Quebec Pension Plan decreases, the benefits payable under this section must be increased accordingly. ,

(c) in subsection (4) by striking out "Where" and substituting "If" and by striking out "shall" and substituting "must", and

(d) in subsection (5) by striking out "Where" and substituting "If" and "his" wherever it appears and substituting "the insured's".

15 Section 88 (1.4) is repealed and the following substituted:

(1.4) Despite subsection (1.3) (b) (ii), if the annual percentage change as determined under subsection (1.5)

(a) is a negative number, the annual percentage change is zero, or

(b) is greater than 6%, the annual percentage change is 6%.

16 Section 90 is amended

(a) in subsection (1) by striking out "Where" and substituting "If", and

(b) in subsection (2) by striking out "his" and substituting "the insured's".

17 Section 147 is amended

(a) in subsection (1) in paragraph (c) of the definition of "insured" by striking out "he" and substituting "the person",

(b) in subsection (2) by striking out "Where" and substituting "If", by striking out "in Canada or" and substituting "in Canada, other than in British Columbia, or" and by striking out "shall" and substituting "must",

(c) by adding the following subsection:

(2.1) The corporation is not liable under this section to an insured for loss or damage to a non-standard motor vehicle or an excluded vehicle that arises out of an accident that does not occur on the portion of a highway on which the vehicle is authorized to be operated. ,

(d) in subsection (4) by striking out "Where" and substituting "If", and

(e) in subsection (5) by striking out "shall" and substituting "must".

18 Section 148 is repealed.

19 The following section is added to Division 1 of Part 10:

Transition – uninsured or hit and run accident in Nunavut, Yukon, Northwest Territories or United States of America

148.01 (1) In this section, "former section" means section 148 as it read immediately before its repeal.

(2) Despite the repeal of section 148 and subject to this section, the former section continues to apply with respect to a certificate issued before May 1, 2021 and valid on May 1, 2021.

(3) In applying the former section as set out in subsection (2) of this section, the following apply:

(a) subsection (7) of the former section must be read

(i) without the phrase "under Part 7 or",

(ii) with the phrase "or any amounts paid" before "under legislation of another jurisdiction", and

(iii) as excluding any amount paid or payable under the Memorial Grant Program for First Responders from amounts paid under legislation of another jurisdiction providing similar benefits;

(b) in addition to an owner's certificate validated by the corporation evidencing what is set out in section 10, it also evidences that an insured, as defined in the former section, has coverage under the former section;

(c) in addition to what is set out in section 49.3, a driver's certificate evidences that an insured who is not in default of premium payable under section 45 has coverage under the former section;

(d) the definition of "deductible amount" in section 148.1 must be read as including an amount paid or payable under the former section;

(e) with respect to an accident occurring on or after January 1, 1985, for the purpose of subsection (3) (e) of the former section, the amount by which the liability of the corporation is limited is $200 000.

(4) The application of the former section as set out in subsection (2) of this section continues until the earlier of the following:

(a) the term of the certificate ends;

(b) the certificate otherwise ceases to be valid.

(5) This section is repealed on May 1, 2022.

20 Section 148.1 is amended

(a) in subsection (1) in the definition of "deductible amount" by repealing paragraph (b) and in paragraph (c) by striking out "similar to benefits," and substituting "similar to benefits, other than under the Memorial Grant Program for First Responders,",

(b) in subsection (1) in paragraph (b) (i) of the definition of "insured" by striking out "where" and substituting "if",

(c) in subsection (1) in the definition of "insured" by striking out "or" at the end of paragraph (b.1) (ii), by adding "or" at the end of paragraph (c), by striking out everything after paragraph (c) and by adding the following paragraph:

(d) for the purpose of the payment of compensation under this Division, the personal representative of a deceased insured; ,

(d) in subsection (1) in the definition of "underinsured motorist" by striking out "his" and substituting "the insured's",

(e) in subsection (2) by striking out "Where" and substituting "If", by striking out "shall" and substituting "must" and by striking out "he" and substituting "the insured or the person",

(f) by repealing subsection (3) and substituting the following:

(3) No coverage is provided under underinsured motorist protection to an insured who is

(a) the operator or occupant of a vehicle that

(i) is not licensed under the Motor Vehicle Act, the Commercial Transport Act or in a jurisdiction outside British Columbia in accordance with the legislation of that other jurisdiction, or

(ii) with respect to which no permit has been issued under the Motor Vehicle Act or the Commercial Transport Act,

unless the insured has reasonable grounds to believe that the vehicle has a permit or is licensed,

(b) the operator or occupant of a vehicle that the operator or occupant knew or ought to have known was being operated without the consent of the owner,

(c) the operator or occupant of a vehicle that is exempt under section 1.01 or 1.02 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate,

(d) subject to subsection (3.1), an operator or occupant of a non-standard motor vehicle or excluded vehicle in respect of an accident that does not occur on the portion of the highway on which the vehicle is authorized to be operated, or

(e) subject to subsection (3.1), an individual who is entitled to benefits under Part 10 of the Act arising out of the same accident. ,

(g) by adding the following subsection:

(3.1) Subsection (3) (d) and (e) does not apply with respect to a certificate issued before May 1, 2021 for so long as the certificate remains in effect, and the definition of "deductible amount" is to be read as including an amount paid or payable under Part 10 of the Act in respect of this kind of certificate. ,

(h) in subsection (4) (b) by striking out "Northwest Territories or United States of America" and substituting "Northwest Territories, Nunavut or United States of America",

(i) in subsections (5), (7), (8) and (10) by striking out "shall" and substituting "must", and

(j) in subsections (7), (8) and (9) by striking out "Where" and substituting "If".

21 Section 148.2 is amended

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

(b) in subsections (1) and (1.1) by striking out "the Commercial Arbitration Act" and substituting "the Arbitration Act",

(c) in subsection (2) by striking out "Notwithstanding" and substituting "Despite" and by striking out "section 11 (1) (c) of the Commercial Arbitration Act" and substituting "section 50 (2) (a), (b) (iii), (c) and (d) of the Arbitration Act",

(d) by repealing subsection (5) and substituting the following:

(5) If an insured breaches a condition of section 55 or does or omits to do anything and, as a result of the breach, action or omission, the insured is disqualified from receiving one or more of the amounts referred to in the definition of "deductible amount" in section 148.1 (1), the insured's claim under the insured's underinsured motorist protection must be reduced by the amount to which the insured would, but for the breach, action or omission, have been entitled. ,

(e) in subsection (6) by striking out "where" and substituting "if",

(f) in subsection (6) (a) by striking out "shall" and substituting "must",

(g) by repealing subsection (6) (a) (i) and substituting the following:

(i) to determine if the insured is legally entitled to recover damages and, if so, the degree to which the insured is entitled, and ,

(h) in subsection (6) (a) (ii) by striking out "he is so entitled" and substituting "the insured is entitled", and

(i) in subsection (6) (b) by striking out "shall" and substituting "must".

22 Section 148.3 is amended by striking out "Where" and substituting "If" and by striking out "his" and substituting "the officer's or employee's".

23 Section 149 (7) and (8) is amended by striking out "Parts 10 or 11 of the Act" and substituting "Part 10 or 11 of the Act".

24 Section 150 is amended

(a) in subsection (2) by striking out "his or her care, custody or control" and substituting "the care, custody or control of the garage service operator or an employee of the garage service operator", and

(b) by adding the following subsection:

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

(a) collision coverage;

(b) comprehensive coverage or specified perils coverage.

25 Section 161 is amended

(a) by striking out "he" and substituting "the fleet operator" and by striking out "shall",

(b) in paragraph (a) by striking out "be deemed" and substituting "is deemed", and

(c) in paragraph (b) by striking out "be as" and substituting "is as".

26 Section 177 (3) (a) and (b) is amended by striking out "his or her" and substituting "the arbitrator's".

27 Section 1 (5) (d) (ii) of Schedule 3 is repealed and the following substituted:

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

28 Sections 10 and 11 of Schedule 3 are repealed.

29 Section 3 of Schedule 10 is amended

(a) in subsection (2) (a) by striking out "and qualified" and substituting "and not qualified",

(b) in subsection (3) by striking out "on his or her driver's licence by" and substituting "on the driver's licence of the insured by", and

(c) in subsection (8) by striking out ", while sane, by means of a vehicle" and substituting "by means of a vehicle unless the insured is a mentally disordered person at the time of the act".

30 Section 3 (9) of Schedule 10 is amended

(a) by striking out "while under" and substituting "while the insured is under",

(b) by adding "or" at the end of paragraph (b) (iii),

(c) by adding "or" at the end of paragraph (c) (i),

(d) by repealing paragraph (c) (ii),

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

(f) by striking out "or" at the end of paragraph (c), and

(g) by repealing paragraph (d).

31 Section 3 (10) of Schedule 10 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 (9) (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 (9) (b) (iii) or (c) (iii); ,

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

(iii.1) section 254 (5); , and

(c) in paragraph (c) of the definition of "motor vehicle related Criminal Code offence" by repealing subparagraphs (i) to (x) 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);

(xiv) section 320.15 (2);

(xv) section 320.15 (3);

(xvi) section 320.16 (1);

(xvii) section 320.16 (2);

(xviii) section 320.16 (3);

(xix) section 320.18 (1).

Appendix 7

1 Section 68 (2) of the Schedule to the Permanent Impairment Regulation, B.C. Reg. 61/2021, is amended by striking out "Glossopharyngeal, vagal and hypoglossal impairment".

2 Section 155 (2) (b) (i) of the Schedule is amended

(a) in clause (C) by striking out "subparagraphs" and substituting "clauses",

(b) in clause (D) by striking out "subparagraphs (A), (B) or (C)" and substituting "clause (A), (B) or (C)", and

(c) in clause (D) by striking out "subsection (a)" and substituting "paragraph (a)".


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