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Volume 64, No. 21
274/2021
The British Columbia Gazette, Part II
November 2, 2021

B.C. Reg. 274/2021, deposited November 1, 2021, under the INSURANCE (VEHICLE) ACT [section 184]. Order in Council 599/2021, 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, effective May 1, 2021, the attached Insurance (Vehicle) Transitional Regulation is made.

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

INSURANCE (VEHICLE) TRANSITIONAL REGULATION

Contents
  1 Definition and interpretation
  2 Application of section 176 of the Act
  3 Additional prescribed circumstances in which indemnification is not paid
  4 Additional circumstances in which indemnification is not paid — short-term rentals

Definition and interpretation

1 (1) In this regulation, "Act" means the Insurance (Vehicle) Act.

(2) For the purposes of this regulation, 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.

Application of section 176 of the Act

2 For the purposes of applying section 176 [restriction on indemnification] of the Act,

(a) section 176 (1) (a) of the Act must be read as if that provision includes the phrase "regardless of whether the vehicles are owned in British Columbia or in a jurisdiction outside British Columbia" after "involved in the accident",

(b) section 176 (1) (b) of the Act must be read as if that provision includes the phrase "regardless of whether the vehicles are owned in British Columbia or in a jurisdiction outside British Columbia" after "operated by the owner",

(c) section 1 (2) of this regulation applies to section 176 (1) (a) and (b) of the Act, and

(d) section 176 (3) of the Act must be read to apply to the following:

(i) the operator of the vehicle owned, leased or rented by the person in a prescribed class of persons;

(ii) the operator of a vehicle that is leased or rented by an owner.

Additional prescribed circumstances in which indemnification is not paid

3 The following circumstances are prescribed for section 176 (1) (c) of the Act:

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

(c) if the owner's vehicle is damaged in an accident in a circumstance prescribed in section 25 (3) (a) and (b) [restriction on indemnification] of the Basic Vehicle Damage Coverage Regulation.

Additional circumstances in which indemnification is not paid – short-term rentals

4 (1) The corporation must not indemnify a short-term rental agency under Division 3 [Coverage] of Part 11 [Basic Vehicle Damage Coverage and Limits on Actions and Proceedings] of the Act with respect to an accident if the vehicle rented by a short-term renter from the short-term rental agency is damaged by

(a) a vehicle operated by the short-term renter, or

(b) a vehicle owned, leased or rented by the short-term renter.

(2) The restrictions under subsection (1) apply only to the extent that the short-term renter or the operator of the vehicle owned, leased or rented by the short-term renter is responsible for the accident.


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