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Volume 65, No. 12
140/2022
The British Columbia Gazette, Part II
June 21, 2022

B.C. Reg. 140/2022, deposited June 20, 2022, under the INSURANCE (VEHICLE) ACT [sections 174, 175, 180 and 181] and the MISCELLANEOUS STATUTES AMENDMENT ACT, 2022 [section 23]. Order in Council 338/2022, approved and ordered June 20, 2022.

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

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

(b) sections 19 to 22 of the Miscellaneous Statutes Amendment Act, 2022, S.B.C. 2022, c. 14, are brought into force.

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

Schedule

1 Section 10 (2) of the Basic Vehicle Damage Coverage Regulation, B.C. Reg. 4/2021, is amended

(a) by striking out "sections 174 (4) (a) and 175 (4) (a)" and substituting "sections 174 (4) (e) and 175 (4) (e)",

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

(a) if the accident occurs on a highway or off-highway, renters named in the owner’s certificate, short-term renters and occupants of the eligible vehicle;

(a.1) if the accident occurs on a highway or off-highway, occupants of another vehicle owned, leased or rented by the insured;

(a.2) if the accident occurs on a highway or off-highway, operators and occupants of another vehicle owned, leased or rented by a short-term renter of the eligible vehicle; ,

(c) in paragraphs (b) and (c) by adding "short-term renters," after "out-of-province lessees,", and

(d) in paragraphs (d) to (g) by adding "short-term renter," after "out-of-province lessees,".

2 Section 25 is repealed.

3 The following sections are added:

Exceptions to restriction on indemnification – theft

25.1 (1) Subject to subsection (2), the corporation must not reduce indemnification for damage or loss respecting an eligible vehicle under section 174 (4) (c) or 175 (4) (c) of the Act or section 10 (2) (a.1) or (a.2) of this regulation if

(a) the name of the operator of the other vehicle is ascertainable, and

(b) the operator of that vehicle uses or operates that vehicle without the consent of the owner, renter named in the owner’s certificate, out-of-province owner, out-of-province lessee or short-term renter of that vehicle.

(2) Subsection (1) does not apply if the operator of the other vehicle is any of the following:

(a) a member of the household of the owner, renter named in the owner’s certificate, out-of-province owner, out-of-province lessee or short-term renter of that vehicle;

(b) if the owner, renter named in the owner’s certificate, out-of-province owner, out-of-province lessee or short-term renter of that vehicle is not an individual:

(i) an officer, employee or partner of the owner, renter named in the owner’s certificate, out-of-province owner, out-of-province lessee or short-term renter of that vehicle, for whose regular use the vehicle is provided, or

(ii) a member of the household of a person described in subparagraph (i).

Exceptions to restriction on indemnification – common owner and leased eligible vehicle

25.2 (1) This section applies if

(a) the eligible vehicle and the other vehicle involved in the accident are owned by the same person,

(b) the eligible vehicle and the other vehicle involved in the accident are not part of the same combination of vehicles that is subject to section 10 (2) (b), (c), (d), (e), (f) or (g) of this regulation,

(c) section 25.1 of this regulation does not apply to the other vehicle described in paragraph (a), and

(d) the eligible vehicle has a renter named in the owner’s certificate and either

(i) the renter named in the owner’s certificate of the eligible vehicle is not the same as the renter named in the owner’s certificate of the other vehicle or the out-of-province lessee of the other vehicle, or

(ii) the other vehicle does not have a renter named in the owner’s certificate or an out-of-province lessee.

(2) The corporation must not reduce indemnification for damage or loss respecting the eligible vehicle under section 174 (4) (a) or (c) or 175 (4) (a) or (c) of the Act or section 10 (2) (a.1) of this regulation by the extent to which the following persons are responsible for the accident:

(a) the owner;

(b) if the name of the operator or occupant of the other vehicle is ascertainable, the operator or occupant of that vehicle, unless the renter named in the owner’s certificate of the eligible vehicle is the short-term renter of the other vehicle.

Exceptions to restriction on indemnification – vehicles owned by short-term rental agency

25.3 (1) This section applies if

(a) the eligible vehicle and the other vehicle involved in the accident are owned by the same person,

(b) the eligible vehicle and the other vehicle involved in the accident are not part of the same combination of vehicles that is subject to section 10 (2) (b), (c), (d), (e), (f) or (g) of this regulation,

(c) section 25.1 of this regulation does not apply to the other vehicle described in paragraph (a), and

(d) the eligible vehicle is rented by a short-term renter and either

(i) the short-term renter of the eligible vehicle is not the same as the short-term renter of the other vehicle, or

(ii) the other vehicle is not rented by a short-term renter.

(2) The corporation must not reduce indemnification for damage or loss respecting the eligible vehicle under section 174 (4) (c) or 175 (4) (c) of the Act or section 10 (2) (a.1) of this regulation by the extent to which, if the name of the operator or occupant of the other vehicle is ascertainable, the operator or occupant of that vehicle is responsible for the accident, unless the short-term renter of the eligible vehicle is the renter named in the owner’s certificate of the other vehicle.

Exceptions to restriction on indemnification – common owner and eligible vehicle is not leased or rented

25.4 (1) This section applies if

(a) the eligible vehicle and the other vehicle involved in the accident are owned by the same person,

(b) the eligible vehicle and the other vehicle involved in the accident are not part of the same combination of vehicles that is subject to section 10 (2) (b), (c), (d), (e), (f) or (g) of this regulation,

(c) section 25.1 of this regulation does not apply to the other vehicle described in paragraph (a),

(d) the eligible vehicle

(i) does not have a renter named in the owner’s certificate, and

(ii) is not rented by a short-term renter, and

(e) the other vehicle

(i) is rented by a short-term renter,

(ii) has a renter named in the owner’s certificate, or

(iii) is rented by an out-of-province lessee.

(2) The corporation must not reduce indemnification for damage or loss respecting the eligible vehicle under section 174 (4) (c) or 175 (4) (c) or section 10 (2) (a.1) of this regulation by the extent to which, if the name of the operator or occupant of the other vehicle is ascertainable, the operator or occupant of that vehicle is responsible for the accident.

4 Section 26 (2) (i) is amended by adding the following subparagraph:

(xix.1) section 320.17; .


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