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Volume 64, No. 21
273/2021
The British Columbia Gazette, Part II
November 2, 2021

B.C. Reg. 273/2021, deposited November 1, 2021, under the INSURANCE (VEHICLE) ACT [sections 169, 180 and 181]. Order in Council 598/2021, approved and ordered November 1, 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 Enhanced Accident Benefits Regulation, B.C. Reg. 59/2021, is amended as set out in the attached Schedule 1, and

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

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

Schedule 1

1 The Enhanced Accident Benefits Regulation, B.C. Reg. 59/2021, is amended by repealing section 6 and substituting the following:

Prescribed classes of motor vehicles – non-standard motor vehicles

6 The classes of motor vehicles prescribed in section 5 of the Basic Vehicle Damage Coverage Regulation are prescribed for the purposes of the definition of "non-standard motor vehicle" in section 113 of the Act.

Schedule 2

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

"snowmobile" means snowmobile as defined in section 1 of the Motor Vehicle Act Regulations; .

2 Section 5 is amended

(a) by renumbering the section as section 5 (2), and

(b) by adding the following subsection:

(1) For the purposes of paragraph (b) of the definition of "non-standard motor vehicle" in section 170 (1) of the Act, the following classes of motor vehicles are prescribed as being non-standard motor vehicles:

(a) snowmobiles;

(b) motor vehicles that

(i) at the time the motor vehicles were built or manufactured, conformed to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, and

(ii) have been modified in a manner that the motor vehicles can be licensed under the Motor Vehicle Act or the Commercial Transport Act only for restricted use on a highway;

(c) motor vehicles that

(i) at the time the motor vehicles were built or manufactured, conformed to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway,

(ii) have been modified in a manner that the motor vehicles can be licensed under section 10 of the Motor Vehicle Act, and

(iii) are not licensed under the Motor Vehicle Act or Commercial Transport Act for unrestricted use on a highway.

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

(m) a person who, at the time of the accident, is not an out-of-province owner or an out-of-province lessee or short-term renter of an included vehicle in the accident.

4 Section 25 is repealed and the following substituted:

Restriction on indemnification

25  (1) For the purposes of section 176 (1) (c) of the Act, the following circumstances are prescribed:

(a) if the owner leases or rents more than one vehicle involved in the accident;

(b) if a vehicle leased or rented by the owner is damaged by another vehicle operated by the owner.

(2) For the purposes of section 176 (2) of the Act, insureds other than owners are a prescribed class of persons.

(3) For the purposes of section 176 (2) of the Act, the following circumstances are prescribed:

(a) if an insured, other than an owner, owns, leases or rents more than one vehicle involved in the accident regardless of whether the vehicles are owned, leased or rented in British Columbia or in a jurisdiction outside British Columbia;

(b) if a vehicle owned, leased or rented by an insured, other than an owner, is damaged by another vehicle operated by the insured regardless of whether the vehicles are owned, leased or rented in British Columbia or in a jurisdiction outside British Columbia;

(c) if the vehicle of an insured, other than an owner, is damaged in an accident in a circumstance described in section 176 (1) (a) or (b) of the Act or in a circumstance prescribed under section 176 (1) (c) of the Act.

(4) For the purposes of this section, in relation to a vehicle that is leased or rented,

(a) the vehicle for which a renter is named in the owner's certificate is not to be considered to be owned by the owner of the vehicle if, at the time of the accident, the owner does not have possession of the vehicle,

(b) the vehicle is not to be considered to be owned by a short-term rental agency if, at the time of the accident, the short-term rental agency does not have possession of the vehicle,

(c) the vehicle for which a renter is named in the owner's certificate is not to be considered leased by the renter if, at the time of the accident, the vehicle is in the possession of the owner, and

(d) the vehicle is not to be considered leased or rented by a short-term renter if, at the time of the accident, the vehicle is in the possession of the short-term rental agency.

5 Section 26 (2) is amended

(a) in paragraph (i) by adding the following subparagraph:

(iv.1) section 239 (1); ,

(b) by repealing paragraphs (k), (q) and (r) and substituting the following:

(k) the insured's use or operation of the eligible vehicle results in a conviction for an offence under any of the following Motor Vehicle Act provisions:

(i) section 68 [duty of driver at accident];

(ii) section 95 [driving while prohibited];

(iii) section 102 [driving while prohibited by court order or operation of law];

(q) the insured permits the eligible vehicle to be used or operated by a person in a circumstance described in this section, other than in the circumstances described in paragraph (r) or (u), with the references to "insured" in this section to be read as references to "person";

(r) the insured permits the eligible vehicle to be used or operated by a person in a circumstance described in paragraph (p); ,

(c) by repealing paragraphs (s) and (t), and

(d) by adding the following paragraph:

(u) the insured

(i) permits an eligible vehicle in respect of which coverage is provided by a blanket certificate to be used or operated by a person, and

(ii) does, omits to do, participates in, assents to or acquiesces in anything that results in a breach of a condition of the blanket certificate.

6 Section 26 (3) is repealed.

7 The following section is added:

Prescribed circumstances in which indemnification is not paid

26.1 (1) For the purposes of section 177 (1) (f) of the Act, the following circumstances are prescribed:

(a) subject to subsection (2), the vehicle damage sustained in the accident arises, directly or indirectly, out of radioactive, toxic, explosive or other hazardous properties of nuclear substances within the meaning of the Nuclear Safety and Control Act (Canada);

(b) the vehicle damage sustained in the accident arises, directly or indirectly, out of a declared or undeclared war or insurrection, rebellion or revolution.

(2) Subsection (1) (a) does not apply to the carriage of radioisotopes that are

(a) packaged and labelled in accordance with the Transportation of Dangerous Goods Act, 1992 (Canada), and

(b) to be used for medical treatment, research, photography, x-ray or other similar purposes using radioisotopes.

(3) If one of the circumstances prescribed in subsection (1) applies, the corporation must refuse to pay indemnification under Part 11 of the Act.

8 Section 27 (2) is amended

(a) in paragraph (a) (v) by striking out "section 26 (2) (a) to (n) and (q)" and substituting "section 26 (2) (a) to (n) or (q)",

(b) by repealing paragraph (b) (v) and substituting the following:

(v) take an action that results in one of the circumstances prescribed in section 26 (2) (a) to (c), (i), (j) or (m) of this regulation, with the references to "insured" in that section to be read as references to "occupant", to occur, or ,

(c) by repealing paragraphs (e) to (h) and substituting the following:

(e) owners who take an action that results in one of the circumstances set out in section 177 (1) (a) to (d) of the Act or prescribed in section 26 (2) (a) to (c), (i) to (k), (m) or (p) to (u) of this regulation, with the references to "insured" in those sections to be read as references to "owners", to occur;

(f) renters named in an owner's certificate who take an action that results in one of the circumstances set out in section 177 (1) (a) to (d) of the Act or prescribed in section 26 (2) (a) to (c), (i) to (k), (m) or (p) to (u) of this regulation, with the references to "insured" in those sections to be read as references to "renters named in an owner's certificate", to occur;

(g) out-of-province owners who take an action that results in one of the circumstances set out in section 177 (1) (a) to (c) of the Act or prescribed in section 26 (2) (a) to (c), (i) to (k), (m) or (q) of this regulation, with the references to "insured" in those sections to be read as references to "out-of-province owners", to occur;

(h) out-of-province lessees who take an action that results in one of the circumstances set out in section 177 (1) (a) to (c) of the Act or prescribed in sections 26 (2) (a) to (c), (h) to (k), (m) or (q) of this regulation, with the references to "insured" in those sections to be read as references to "out-of-province lessees", to occur; , and

(d) by repealing paragraph (i) (ii) and substituting the following:

(ii) take an action that results in one of the circumstances set out in section 177 (1) (a) or (b) of the Act or prescribed in section 26 (2) (a) to (c), (h) to (m), (q) or (u) of this regulation, as that paragraph relates to section 26 (2) (h) or (l) to (n) of this regulation, with the references to "insured" in those sections to be read as references to "short-term renter", to occur; .


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