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"Point in Time" Regulation Content

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

B.C. Reg. 447/83

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 March 18, 2013
November 1, 2015
April 1, 2019
September 1, 2019
September 16, 2019
March 5, 2020
May 1, 2021
May 1, 2021
Section 1.1 May 1, 2021
Section 2 November 1, 2015
May 1, 2021
Section 2.2 May 1, 2021
May 1, 2021
Part 2 April 1, 2019
Section 3 April 1, 2019
Section 5 April 1, 2019
Section 7 April 1, 2019
May 1, 2021
Section 9 April 1, 2019
Section 10 May 1, 2021
Section 11 April 1, 2019
September 1, 2019
Section 15.21 March 1, 2021
Section 15.22 May 1, 2021
Section 15.4 November 1, 2015
Section 15.41 September 1, 2019
Section 15.7 November 1, 2015
September 1, 2019
May 1, 2021
Section 15.73 November 1, 2015
Section 15.9 December 7, 2016
September 1, 2019
Section 15.91 March 5, 2020
Section 17 July 31, 2014
November 1, 2015
Part 3 Division 3 September 1, 2019
Section 42 May 1, 2021
Section 49 September 16, 2019
March 5, 2020
May 1, 2021
Section 49.3 May 1, 2021
Section 54 May 1, 2021
Section 55 February 1, 2010
November 1, 2015
December 18, 2018
September 16, 2019
May 1, 2021
May 1, 2021
Section 56 May 1, 2021
Section 56.1 November 1, 2015
May 1, 2021
Section 57 May 1, 2021
May 1, 2021
Section 62.1 May 1, 2021
Section 62.2 May 1, 2021
Section 64 May 1, 2021
Section 65 September 16, 2019
March 5, 2020
May 1, 2021
May 1, 2021
Section 67.1 November 9, 2018
May 1, 2021
Section 67.2 May 1, 2021
Section 68 May 1, 2021
Section 69 July 1, 2010
Section 72.1 September 16, 2019
May 1, 2021
Section 73 May 1, 2021
Section 75 May 1, 2021
Section 78 March 29, 2019
April 1, 2019
May 1, 2021
Section 78.01 May 1, 2021
Section 79 April 1, 2019
Section 82 May 1, 2021
Section 83 May 1, 2021
Section 86 May 1, 2021
Section 87 April 1, 2019
Section 88 January 14, 2010
March 29, 2019
April 1, 2019
May 1, 2021
May 1, 2021
Section 88.01 March 29, 2019
Section 89 May 1, 2021
Section 90 April 1, 2019
May 1, 2021
May 1, 2021
Section 92 April 1, 2019
May 1, 2021
Section 93 April 1, 2019
Section 94 March 18, 2013
April 1, 2019
Section 95 April 1, 2019
Section 96 May 1, 2021
Section 97 March 29, 2019
Section 98 March 29, 2019
April 1, 2019
May 1, 2021
Section 99 April 1, 2019
Section 100 April 1, 2019
May 1, 2021
Section 103 April 1, 2019
Section 104.1 April 1, 2019
Section 104.2 April 1, 2019
Section 104.21 March 29, 2019
Section 104.3 April 1, 2019
Section 105 May 1, 2021
Section 107 May 1, 2021
Section 108 May 1, 2021
Section 147 May 1, 2021
May 1, 2021
Section 148 April 28, 2021
May 1, 2021
Section 148.01 May 1, 2021
Section 148.1 July 1, 2010
May 1, 2021
Section 148.2 April 1, 2019
May 1, 2021
Section 148.3 May 1, 2021
Section 148.4 September 16, 2019
March 5, 2020
Part 11 November 1, 2015
Part 11 Division 1 September 16, 2019
Section 149 July 31, 2014
November 1, 2015
September 16, 2019
March 5, 2020
May 1, 2021
May 1, 2021
Section 150 May 1, 2021
Section 151 November 1, 2015
Section 154 July 31, 2014
November 1, 2015
April 1, 2019
Part 11 Division 2 Section 154.1 to 154.6 September 16, 2019
Section 154.3 May 1, 2021
Section 154.4 March 5, 2020
Part 11 Division 3 Section 154.7 to 154.94 September 16, 2019
Section 154.91 May 1, 2021
Section 155 September 16, 2019
May 1, 2021
Section 161 May 1, 2021
Section 167 March 5, 2020
Section 168 April 1, 2019
May 1, 2021
Section 172 July 1, 2010
Section 175 May 1, 2021
Section 176 May 1, 2021
Section 177 May 1, 2021
May 1, 2021
Section 181 September 16, 2019
March 5, 2020
 Schedule 3 Section 1 September 16, 2019
March 5, 2020
May 1, 2021
 Schedule 3 Section 2 January 1, 2018
[retro from June 1, 2018]
April 1, 2019
 Schedule 3 Section 3 April 1, 2019
Schedule 3 Section 4 April 1, 2019
Schedule 3 Section 5 to 8 April 1, 2019
 Schedule 3 Section 9 May 1, 2021
 Schedule 3 Section 10 May 1, 2021
 Schedule 3 Section 11 May 1, 2021
Schedule 3.1 April 1, 2019
Schedule 4 May 1, 2021
Schedule 4.1 May 1, 2021
Schedule 7 July 31, 2014
November 1, 2015
April 1, 2019
 Schedule 10 Section 3 February 1, 2010
December 18, 2018
September 16, 2019
May 1, 2021

 Section 1 (1) definition of "spouse" BEFORE amended by BC Reg 385/2012, effective March 18, 2013.

"spouse" means a person who is married to another person or who is living in a marriage-like relationship with that other person for at least 2 years immediately preceding the date on which the right to claim benefits or insurance money arose, and for the purposes of this definition, the marriage-like relationship may be between persons of the same gender;

 Section 1 (1) definition of "special coverage certificate" BEFORE repealed by BC Reg 126/2014, effective November 1, 2015.

"special coverage certificate" means a certificate that is issued under section 149;

 Section 1 (1) definition of "additional product certificate" was added by BC Reg 126/2014, effective November 1, 2015.

 Section 1 (1) definitions of "acupuncturist", "chiropractor", "counsellor", "dentist", "kinesiologist", "massage therapist", "occupational therapist", "physician", "physiotherapist", and "psychologist" were added by BC Reg 234/2018, effective April 1, 2019.

 Section 1 (1) definition of "dependent child" and "territory" BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

"dependent child" means a person

(a) under 19 years old for whose support the head of household is legally liable and who is dependent on the head of household for financial support, or

(b) 19 years old or over who resides with the head of household and, because of mental or physical infirmity, receives most of his financial support from the head of household;

"territory" means, in relation to the plan, a region of British Columbia established by the corporation under section 34 (1.1) of the Act;

 Section 1 (1) definition of "head of household" BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

"head of household" means an insured or the spouse of an insured, whichever had the greater reported income during the 12 months immediately preceding the date of an accident for which a claim is made;

 Section 1 (2.1) was added by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 1 (1) definition of "principal operator" BEFORE repealed by BC Reg 173/2018, effective September 1, 2019.

"principal operator" means the person who will operate the vehicle described in an application for a certificate for the majority of the time the vehicle is operated during the term of the certificate;

 Section 1 (1) definitions of "additional product certificate" and "taxi" BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

"additional product certificate" means a certificate issued under section 149;

"taxi" means a vehicle, other than a bus, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the vehicle, and that is available for hire, with driver, by the trip;

 Section 1 (1) definitions of "passenger directed vehicle", "passenger directed vehicle authorization", "TNS vehicle", "TNS-only vehicle" and "transportation network services authorization" were added by BC Reg 161/2019, effective September 16, 2019.

 Section 1 (1) definition of "TNS vehicle", paragraph (b) BEFORE amended by BC Reg 47/2020, effective March 5, 2020.

(b) a motor vehicle, other than a taxi, operated as a passenger directed vehicle under a passenger directed vehicle authorization and a transportation network services authorization;

 Section 1 (1) definitions of "dependant", "dependent child", "dependent parent", "occupant" and "operate" BEFORE repealed by BC Reg 62/2021, effective May 1, 2021.

"dependant" means

(a) a dependent child, or

(b) dependent parent;

"dependent 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;

"dependent 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 his financial support from the insured;

"occupant" means a person operating or riding in a vehicle or camper and includes

(a) a person entering or alighting from a vehicle or camper, and

(b) a person, other than a garage service operator or an employee of a garage service operator, who is working, or whose dependant is working, in or on a vehicle or camper owned by that person;

"operate", in the case of a vehicle, includes to have care, custody or control of the vehicle;

 Section 1 (1) definitions of "excluded vehicle" and "non-standard motor vehicle" were added by BC Reg 62/2021, effective May 1, 2021.

 Section 1 (1) definitions of "lien holder" and "number plate" BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

"lienholder" 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;

"number plates" means number plates as defined in the Motor Vehicle Act;

 Section 1 (1) definition of "physician", paragraph (b) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(b) a person who is a registrant of a college under a similar law to the Health Professions Act in another jurisdiction;

 Section 1 (2.1) (b) (iii) was added by BC Reg 62/2021, effective May 1, 2021.

 Section 1 (1) definition of "Memorial Grant Program for First Responders" was added by BC Reg 117/2021, effective May 1, 2021.

 Section 1.1 (a) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) coverage under Parts 6, 7 and 10;

 Section 2 (1) (part) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Application

2   (1) Unless otherwise provided in a special coverage certificate, the Act and this regulation do not apply in respect of

 Section 2 (1) (part) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) Unless otherwise provided in an additional product certificate, the Act and this regulation do not apply in respect of

 Section 2 (1) (b) (part), (d) and (h) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(b) a vehicle exempted under section 43 or 44 of the Act whether or not the vehicle is

(d) a vehicle being operated by remote control without a driver,

(h) a vehicle that is fitted with wheels of the crawler type 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.

 Section 2.2 was enacted by BC Reg 62/2021, effective May 1, 2021.

 Section 2.2 (f) (i) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

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

 Part 2 heading BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

Owner's Certificate

 Section 3 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

3   Application for an owner's certificate issued in conjunction with any type or category of licence or number plate may be made to a person appointed as an agent of the corporation for that purpose or authorized in writing by the corporation for the purposes of section 3 of the Motor Vehicle Act.

 Section 5 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Term of certificate

5   (1) Subject to section 40 (1) of the Act and sections 154 and 162 of this regulation, an owner's certificate

(a) expires at the end of the day on the date specified in the certificate as the expiry date.

(b) Repealed. [B.C. Reg. 166/2006, Sch. s. 7 (a).]

(2) Repealed. [B.C. Reg. 166/2006, Sch. s. 7 (b).]

[en. B.C. Reg. 438/92, s. 3; am. B.C. Regs. 379/93, s. 1; 166/2006, Sch. s. 7.]

 Section 7 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

7   Section 25 (2) and (3) of the Interpretation Act do not apply in respect of renewal of an owner's certificate, and an owner's certificate is not in force in the interval between its expiry and renewal.

 Section 7 BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

Interpretation Act

7   Section 25 (2) and (3) of the Interpretation Act does not apply in respect of renewal of a certificate, and a certificate is not in force in the interval between its expiry and renewal.

[am. B.C. Reg. 234/2018, App. 2, s. 6.]

 Section 9 (3) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(3) If the premium for a vehicle is established on the basis of the territory in which the vehicle is primarily located when not in use and that territory as set out in the certificate is changed, the insured named on the owner's certificate must, unless the vehicle is being used by the insured for vacation purposes, report the change to a person referred to in section 3 within 30 days of the change, and pay or be refunded the resulting difference in premium.

 Section 10 BEFORE re-enacted by BC Reg 62/2021, as amended by 117/2021, effective May 1, 2021.

Effect of owner's certificate

10   (1) An owner's certificate validated by the corporation evidences that an insured, as defined in sections 63, 78, 147, 148 and 148.1, has coverage under Part 6, Part 7, sections 147 and 148 and Division 2 of Part 10 respectively.

(2) Repealed. [B.C. Reg. 166/2006, Sch. s. 10 (b).]

[am. B.C. Regs. 324/91, s. 4; 424/97, s. 1; 166/2006, Sch. s. 10.]

 Section 11 (1) definition of "applicant" BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

"applicant" means a person who applies for a new or renewal certificate;

 Section 11 (1) definitions of "base rate premium" and "certificate" BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

"base rate premium" means the basic premium fixed under section 34 (4) of the Act;

"certificate" means an owner's certificate.

 Section 11 (1) BEFORE repealed by BC Reg 173/2018, effective September 1, 2019.

(1) In this Part:

"applicant" means a person who applies for a new owner's certificate or renewal of an owner's certificate.

 Section 15.21 was enacted by BC Reg 51/2021, effective March 1, 2021

 Section 15.22 was enacted by BC Reg 51/2021, effective May 1, 2021

 Section 15.4 (1) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(1) Any premium payable or refundable in respect of an owner's certificate or a special coverage certificate shall be added to any fees payable or refundable under the Motor Vehicle Act or Commercial Transport Act in respect of the vehicle described in the owner's certificate or special coverage certificate, and, subject to subsection (2), the total shall be the amount payable by or refundable to the person named on the owner's certificate or special coverage certificate, but no payment shall be required and no refund shall be made if the rounded total is less than $5.

 Section 15.41 was enacted by BC Reg 173/2018, effective September 1, 2019.

 Section 15.7 (2) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(2) If a registrant obtains an owner's certificate or a special coverage certificate in respect of a vehicle referred to in subsection (1) without having paid all of the unpaid premium owing for, or premium related debt owing in respect of,

(a) the coverage afforded the prior registered owner, renter or person renting the vehicle to another person by any certificate, or

(b) a special coverage certificate issued to the prior registered owner, renter or person renting the vehicle to another person,

an amount equal to the total of the unpaid premium, plus any premium related debt, is a debt due and owing to the corporation by the registrant.

 Section 15.7 (3) (c) (e) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(c) cancel the owner's certificate or special coverage certificate and any other owner's certificate or special coverage certificate issued in the registrant's name, whether or not

(i) the full premium was paid for the registrant's owner's certificate or special coverage certificate or other owner's certificate or special coverage certificate, and

(ii) the debt arises from a certificate or special coverage certificate issued for a preceding term;

(e) issue a special coverage certificate or an owner's certificate to the registrant with a term of more than 90 days but less than one year.

 Section 15.7 (2) (a) BEFORE amended by BC Reg 173/2018, effective September 1, 2019.

(a) the coverage afforded the prior registered owner, renter or person renting the vehicle to another person by any certificate, or

 Section 15.7 (3) (c) (ii) BEFORE amended by BC Reg 173/2018, effective September 1, 2019.

(ii) the debt arises from a certificate or additional product certificate issued for a preceding term;

 Section 15.7 (3) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(3) If the registrant does not, within 30 days after the corporation has mailed to the registrant at his or her last address, according to the corporation's records, a written demand for payment of the debt referred to in subsection (2) together with a notice of any action the corporation intends to take under this section, pay the debt or make arrangements satisfactory to the corporation for payment of the debt, the corporation may do one or more of the following for so long as any part of the debt remains outstanding:

 Section 15.73 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Liability for unpaid amounts

15.73   The following are jointly and severally liable to the corporation to pay for premium or premium related debt owing to the corporation in respect of an owner's certificate or a special coverage certificate:

(a) each registered owner of a vehicle for which an owner's certificate or special coverage certificate is issued;

(b) each registered owner and each renter of a leased vehicle for which an owner's certificate or special coverage certificate is issued, regardless of whether the registered owner or the renter paid for the insurance.

[en. B.C. Reg. 166/2006, s. 20; am. B.C. Reg. 341/2007, s. 3.]

 Section 15.9 was enacted by BC Reg 289/2016, effective December 7, 2016.

 Section 15.9 BEFORE amended by BC Reg 173/2018, effective September 1, 2019.

High-value vehicle charge

15.9   The corporation may set the amount of the charge payable to the corporation for the issue of the types of certificates respecting coverage for the types of high-value vehicles designated by the corporation for this purpose.

[en. B.C. Reg. 289/2016.]

 Section 15.91 was enacted by BC Reg 47/2020, effective March 5, 2020.

 Section 17 (c) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(c) in respect of a special coverage other than a temporary change endorsement, or

 Section 17 (c) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(c) in respect of a special coverage certificate, or

 Part 3, Division 3 BEFORE repealed by BC Reg 173/2018, effective September 1, 2019.

Division 3 — Applications for Certificates

Interpretation

16   In this Division, "applicant", in relation to a leased vehicle, includes the renter of that vehicle.

[en. B.C. Reg. 308/2002, s. 2 (b); am. B.C. Reg. 341/2007, s. 3.]

Application

17   This Division does not apply

(a) in respect of a vehicle that

(i) is part of a fleet,

(ii) is insured under a garage vehicle certificate, or

(iii) Repealed. [B.C. Reg. 166/2006, Sch. s. 25, as am. by 46/2007, Sch. 1, s. 3.]

(b) in respect of a trailer,

(c) in respect of an additional product certificate, or

(d) Repealed. [B.C. Reg. 166/2006, Sch. s. 23 (a).]

(e) in respect of a limited speed motorcycle as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58, or a motorcycle with an engine displacement of 110 cc or less.

[en. B.C. Reg. 308/2002, s. 2 (b); am. B.C. Regs. 166/2006, Sch. ss. 23 to 25, as am. by 46/2007, Sch. 1, s. 3; 126/2014, App. 1, s. 1 and App. 2, s. 6.]

Declaration of entitlement

18   An applicant for a certificate must

(a) complete and sign a declaration of entitlement in the applicable form provided by the corporation, and

(b) submit the declaration of entitlement to the corporation.

[en. B.C. Reg. 308/2002, s. 2 (b).]

Premium for certificate

19   (1) Repealed. [B.C. Reg. 166/2006, Sch. s. 26.]

(2) An applicant for a certificate for

(a) a vehicle, other than a U-drive, courtesy car or other vehicle that has no principal operator, must provide to the person receiving the application the name and driver's licence number of the applicant and of the principal operator of the vehicle, or

(b) a U-drive, courtesy car or other vehicle that has no principal operator, must provide to the person receiving the application the name and driver's licence number of the applicant.

(3) Repealed. [B.C. Reg. 166/2006, Sch. s. 26.]

[en. B.C. Reg. 308/2002, s. 2 (b); am. B.C. Reg. 166/2006, Sch. s. 26.]

Repealed

20-24   Repealed. [B.C. Reg. 166/2006, Sch. s. 26.]

Forfeiture

25   For the purpose of section 75 of the Act, a declaration of entitlement is deemed to be an application for an owner's certificate.

[en. B.C. Reg. 308/2002, s. 2 (b); am. B.C. Reg. 166/2006, Sch. s. 27.]

Repealed

26   Repealed. [B.C. Reg. 166/2006, Sch. s. 26.]

Repealed

27-29   Repealed. [B.C. Reg. 166/2006, Sch. s. 28.]

 Section 42 BEFORE re-enacted by BC Reg 62/2021, effective May 1, 2021.

Interpretation

42   (1) 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 43 or 44 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;

"resident" means a person who is ordinarily resident in the Province, and includes

(a) a student who is temporarily outside the Province for the purpose of studying at a school, college, university, institute or other similar educational, artistic or professional training facility, or

(b) a member of the Canadian Armed Forces or the Royal Canadian Mounted Police who is regularly stationed in the Province but is temporarily posted outside the Province.

[en. B.C. Reg. 166/2006, Sch. s. 29.]

 Section 49 (1) (f) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(f) the vehicle is used for carrying passengers for compensation or hire or for commercial use,

 Section 49 (1) (f.1) and (1.1) were added by BC Reg 161/2019, effective September 16, 2019.

 Section 49 (1.1) BEFORE amended by BC Reg 48/2020, effective March 5, 2020.

(1.1) In respect of a TNS-only vehicle operated under a transportation network services authorization, the corporation's exemption under subsection (1) (f.1) applies only if injury or death of another or loss or damage to property of another arises out of the operation of the vehicle when

(a) the insured is, for the purposes of the vehicle being hailed by passengers, signed into the online platform to which the transportation network services authorization relates, or

(b) the insured is operating the vehicle for the purposes of picking up, transporting or dropping off passengers by or for whom the vehicle has been hailed through the use of the online platform to which the transportation network services authorization relates.

 Section 49 (1) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) Subject to section 49.1, the corporation shall indemnify an insured who is not in default of premium payable under section 45 for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that

 Section 49 (1) (c) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(c) the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner,

 Section 49.3 (b) BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

(b) coverage under section 148, and

 Section 54 (part) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

Extension of coverage on seizure

54   Where a person acting under the authority of a lienholder takes possession of a vehicle under the lienholder's right of repossession, the coverage in force in respect of the vehicle at the time it was repossessed is extended to and continues in force for the benefit of that person, the lienholder and the owner, if the person acting under the authority of the lienholder

 Section 55 (3.1) BEFORE amended by BC Reg 4/2010, effective February 1, 2010.

(3.1)  An insured does not breach a condition of subsection (3) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on his or her driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of B.C. Reg. 26/58.

 Section 55 (1) and (5) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(1) In this section, "insured" means an insured as defined in section 42, 63, 65, 78 or 148.1 (1) and includes an insured under a special coverage certificate or a fleet reporting certificate issued under section 168.

(5) An insured named in a certificate or special coverage certificate must not permit the vehicle described in the certificate or special coverage certificate to be operated by a person or for a purpose that breaches a condition of this section or Part 6.

 Section 55 (8) (b) (i) and (iii) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(i) a motor vehicle related Criminal Code (Canada) offence,

(iii) an offence under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision mentioned in subparagraph (i) or (ii),

 Section 55 (8) (c) and (d) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(c) the insured is convicted of an offence under section 253 (b) of the Criminal Code (Canada), section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States that is similar to either of those sections and the accident in respect of which the insured's claim is made occurred during the insured's commission of the offence and while the insured was operating a vehicle, or

(d) the insured is convicted of an offence under section 254 (5) of the Criminal Code (Canada), section 226 of the Motor Vehicle Act or a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either of those sections and the accident in respect of which the insured's claim is made occurred within the 2 hours preceding the insured's commission of the offence and while the insured was operating a vehicle.

 Section 55 (9) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(9) In subsection (8):

"convicted" includes being

(a) convicted under the Young Offenders Act (Canada) for contravening a provision mentioned in the definition of "motor vehicle related Criminal Code (Canada) offence" or section 253 (b) or 254 (5) of the Criminal Code, 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 Young Offenders Act (Canada) for contravening a provision of the law of that jurisdiction that is mentioned in subsection (8) (b) (iii), (c) or (d);

"motor vehicle related Criminal Code offence" means an offence under section 220, 221, 249, 252, 253 (a), 255 (2) or (3) or 259 (4) of the Criminal Code (Canada) committed while operating or having care or control of a vehicle or that was committed by means of a vehicle.

 Section 55 (3) (part), (3.1), (4), (7.1) and (8) (part) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(3) An insured shall not operate a vehicle for which coverage is provided under section 49 or 49.3 (1) (a) and (c), Part 6 or 7, or Division 2 of Part 10

(3.1) An insured does not breach a condition of subsection (3) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on his or her driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.072 (1) (a) or (b), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of B.C. Reg. 26/58.

(4) An insured shall not operate a motor vehicle for which coverage is provided under section 49 or Part 6 if there is attached to the motor vehicle a trailer that is required to be registered and licensed under the Motor Vehicle Act or Commercial Transport Act and is not so registered and licensed.

(7.1) An insured shall be deemed to have breached a condition of section 49 and Part 6 where the injury, death, loss or damage in respect of which his claim is made is caused by or results from an intentional act of violence committed by the insured, while sane, by means of a vehicle.

(8) An insured shall be deemed to have breached a condition of section 49 and Part 6 where

 Section 55 (5.1) and (5.2) were added by BC Reg 161/2019, effective September 16, 2019.

 Section 55 (3) (a) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) if the insured is not authorized and qualified by law to operate the vehicle,

 Section 55 (8) (c) (ii) BEFORE repealed by BC Reg 62/2021, effective May 1, 2021.

(ii) under section 224 of the Motor Vehicle Act, or

 Section 55 (8) (c) (iii) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(iii) under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision referred to in subparagraph (i) or (ii),

 Section 55 (8) (d) BEFORE repealed by BC Reg 62/2021, effective May 1, 2021.

(d) the insured is convicted of an offence committed

(i) before December 18, 2018 under section 254 (5) of the Criminal Code,

(ii) on or after December 18, 2018 under any of the following provisions of the Criminal Code:

(A) section 320.14 (1) (b);

(B) section 320.14 (2), as that section relates to an offence committed under section 320.14 (1) (b);

(C) section 320.14 (3), as that section relates to an offence committed under section 320.14 (1) (b);

(D) section 320.15 (1);

(E) section 320.15 (2), as that section relates to an offence committed under section 320.15 (1);

(F) section 320.15 (3), as that section relates to an offence committed under section 320.15 (1),

(iii) under section 226 of the Motor Vehicle Act, or

(iv) under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision referred to in subparagraph (i), (ii) or (iii),

and the accident in respect of which the insured's claim is made occurred within the 2 hours preceding the insured's commission of the offence and while the insured was operating a vehicle.

 Section 55 (9) definition of "convicted" BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

"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",

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

(iii) in the case of a contravention occurring on or after December 18, 2018, under a provision referred to in subsection (8) (d) (ii), 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), (c) (iii) or (d) (iv);

 Section 55 (9) definitions of "motor vehicle related Criminal Code offence", paragraph (b) (iii.1) was added by BC Reg 62/2021, effective May 1, 2021.

 Section 55 (9) definitions of "motor vehicle related Criminal Code offence", paragraph (c) (i) to (x) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(i) section 320.13 (1);

(ii) section 320.13 (2);

(iii) section 320.13 (3);

(iv) section 320.14 (1) (a);

(v) section 320.14 (2), as that section relates to an offence committed under section 320.14 (1) (a);

(vi) section 320.14 (3), as that section relates to an offence committed under section 320.14 (1) (a);

(vii) section 320.16 (1);

(viii) section 320.16 (2);

(ix) section 320.16 (3);

(x) section 320.18.

 Section 55 (9) definitions of "motor vehicle related Criminal Code offence", paragraph (c) (xi) to (xxiv) were added by BC Reg 62/2021, effective May 1, 2021.

 Section 55 (3.1) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(3.1) An insured does not breach a condition of subsection (3) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on his or her driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.072 (1) (a) or (b), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations.

 Section 55 (7.1) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(7.1) An insured is deemed to have breached a condition of section 49 and Part 6 where the injury, death, loss or damage in respect of which his claim is made is caused by or results from an intentional act of violence committed by the insured, while sane, by means of a vehicle.

 Section 55 (8) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(8) An insured is deemed to have breached a condition of section 49 and Part 6 where

 Section 55 (8) (a) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(a) the insured is operating a vehicle while the insured is under the influence of intoxicating liquor or a drug or other intoxicating substance to such an extent that he is incapable of proper control of the vehicle,

 Section 56 (1) (a) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) under Part 4, 6, 7 or 10 in respect of injury, death, loss or damage arising, directly or indirectly, out of radioactive, toxic, explosive or other hazardous properties of prescribed substances under the Atomic Energy Control Act (Canada),

 Section 56 (2) (part) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(2) Subsection (1) (a) does not apply to the carriage of radio-isotopes that are

 Section 56 (2) (b) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

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

 Section 56.1 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Special coverage certificate

56.1   A reference in this Part to Part 6, 7 or 10 includes coverage under Part 6, 7 or 10 that is evidenced by a special coverage certificate or by a fleet reporting certificate issued under section 168.

[en. B.C. Reg. 166/2006, s. 45.]

 Section 56.1 BEFORE re-enacted by BC Reg 62/2021, effective May 1, 2021.

Additional product certificate

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

[en. B.C. Reg. 166/2006, Sch. s. 45; am. B.C. Reg. 126/2014, App. 2, s. 8.]

 Section 57 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) Where a vehicle owned by a customer of a garage service operator is in the care, custody or control of the garage service operator or his employee for a purpose relating to the business of a garage service, no coverage is provided under Part 6 or 7 to the garage service operator or an employee of the garage service operator under the owner's certificate issued in respect of the customer's vehicle.

 Section 57 (1) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) Where a vehicle owned by a customer of a garage service operator is in the care, custody or control of the garage service operator or an employee of the garage service operator for a purpose relating to the business of a garage service, no coverage is provided under Part 6 or 7 of this regulation or Part 10 or 11 of the Act to the garage service operator or the employee under the owner's certificate issued in respect of the customer's vehicle.

 Section 57 (2) (a) and (b) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(a) a garage service operator or his employee from coverage under an owner's certificate issued in respect of a vehicle that

(i) the garage service operator or his employee owns, and

(ii) is in the care, custody or control of the garage service operator or his employee for a purpose relating to the business of the garage service operator, or

(b) a customer of a garage service operator from coverage under an owner's certificate issued to him, if the garage service operator

 Section 62.1 was enacted by BC Reg 117/2021, effective May 1, 2021.

 Section 62.2 was enacted by BC Reg 117/2021, effective May 1, 2021.

 Section 64 (part) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

Indemnity

64   Subject to section 67, the corporation shall indemnify an insured for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that

 Section 65 (2) (c) and (f) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(c) the motor vehicle is used for carrying passengers for compensation or hire or for commercial use,

(f) the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner.

 Section 65 (2) (c.1) and (2.1) were added by BC Reg 161/2019, effective September 16, 2019.

 Section 65 (2.1) BEFORE amended by BC Reg 48/2020, effective March 5, 2020.

(2.1) In respect of a TNS-only vehicle operated under a transportation network services authorization, the corporation's exemption under subsection (2) (c.1) applies only if injury or death of another or loss or damage to property of another arises out of the operation of the vehicle when

(a) the insured is, for the purposes of the motor vehicle being hailed by passengers, signed into the online platform to which the transportation network services authorization relates, or

(b) the insured is operating the motor vehicle for the purposes of picking up, transporting or dropping off passengers by or for whom the motor vehicle has been hailed through the use of the online platform to which the transportation network services authorization relates.

 Section 65 (2) (e) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(e) the motor vehicle is exempted under section 43 or 44 of the Act, or

 Section 65 (2) (f) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(f) the insured is operating the motor vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner.

 Section 67.1 was enacted by BC Reg 234/2018, effective November 9, 2018.

 Section 67.1 (a) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) a person has a claim for damages respecting a loss or expense similar to a loss or expense covered by benefits within the meaning of section 1.1 of the Act,

 Section 67.2 was enacted by BC Reg 117/2021, effective May 1, 2021.

 Section 68 (2) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(2) For the purpose of the payment of claims under section 20 or section 24 of the Act, claims arising out of injury or death have proportionately the same priority over claims arising from loss or damage to property as is provided in subsection (1).

 Section 69 (c) (i) BEFORE amended by BC Reg 156/2010, effective July 1, 2010.

(i)  the amount offered by the corporation as its total liability for indemnity to the insured under this Part in an offer to settle delivered in accordance with the Supreme Court Rules

 Section 72.1 (1) and (2) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(1) The corporation shall not indemnify an insured under this Part in respect of

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

(b) loss or damage to property

(i) carried in or on a vehicle described in an owner's certificate,

(ii) owned or rented by an insured, or

(iii) in the care, custody or control of an insured.

(2) Where a claim is payable or has been paid, forfeited or denied under Part 7, the corporation shall deduct the amount of the claim from any amount payable under this Part in respect of the same occurrence.

 Section 72.1 (1.1) was added by BC Reg 161/2019, effective September 16, 2019.

 Section 72.1 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) The corporation must not indemnify an insured under this Part in respect of a general or special assessment, penalty or premium payable under the Workers Compensation Act or a similar law of another jurisdiction.

 Section 73 (1) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) An insured shall

 Section 73 (1) (a) (i) and (iii) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(i) any accident involving death, injury, damage or loss in which he or a vehicle owned or operated by him has been involved,

(iii) any other insurance held by him providing coverage for the accident,

 Section 73 (1) (d) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(d) except at his own cost, assume no liability and settle no claim, and

 Section 75 BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

Appointment of attorney

75   Subject to section 79 of the Act, the corporation may act as and shall be deemed to be the duly appointed attorney of an insured to appear and defend the insured in an action brought against him in another province of Canada or in the United States of America in respect of injury, death, loss or damage arising out of the ownership, use or operation of a vehicle.

[am. B.C. Reg. 166/2006, Sch. s. 60.]

 Section 78 definition of "rehabilitation" BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

"rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of his injuries, is, with medical and vocational assistance, reasonably achievable by him;

 Section 78 definitions of "chiropractor", "dentist", "head of household", "medical practitioner" and "physiotherapist" BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

"chiropractor" means a person entitled to practise chiropractic under the Health Professions Act or a similar law of another jurisdiction;

"dentist" means a person entitled to practise dentistry under the Health Professions Act or a similar law of another jurisdiction;

"head of household" includes an insured whose only dependants at the date of an accident resulting in the death of the insured are his parents if, at the date of the accident, the dependent parents resided with the insured;

"medical practitioner" means a person entitled to practise medicine under the Health Professions Act or a similar law of another jurisdiction;

"physiotherapist" means a person entitled to practise physical therapy under the Health Professions Act or a similar law of another jurisdiction;

 Section 78 definition of "homemaker" BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

"homemaker" means the male or female member of a household who, without payment, does the majority of the housekeeping for the household;

 Section 78 definition of "insured", paragraph (d) (i) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(i) is licensed in the Province and is not exempted under section 43 or 44 of the Act, or

 Section 78 definition of "rehabilitation" BEFORE repealed by BC Reg 62/2021, effective May 1, 2021.

"rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of the injured person's injuries, is, with medical and vocational assistance, reasonably achievable by the injured person;

 Section 78 definitions of "supported child", "supported parent" and "supported person" were added by BC Reg 62/2021, effective May 1, 2021.

 Section 78.01 was enacted by BC Reg 62/2021, effective May 1, 2021.

 Section 79 (1) and (2) BEOFRE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Subject to subsection (2) and sections 80 to 88, 90, 92, 100, 101 and 104, the corporation shall pay benefits to an insured in respect of death or injury caused by an accident that arises out of the use or operation of a vehicle and that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.

(2) Where an accident occurs in the United States or on a vessel travelling between Canada and the United States, no benefits are payable under this Part to unless he is named in an owner's certificate or a driver's certificate or is a member of the household of a person named in a certificate.

 Section 82 BEFORE re-enacted by BC Reg 117/2021, effective May 1, 2021.

Payments under Workers Compensation Act

82   Where 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 his employment, the corporation is not liable to pay benefits under this Part for the injury or death, notwithstanding that the insured, his spouse or 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, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, his spouse or personal representative under the Workers Compensation Act or other similar law for the same injury or death.

 Section 83 BEFORE re-enacted by BC Reg 117/2021, effective May 1, 2021.

Unemployment benefits

83   Where 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, notwithstanding that the insured, his spouse or personal representative has elected not to claim or has forfeited the insured's claim under the Employment Insurance Act (Canada) 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, his spouse or personal representative under the Employment Insurance Act (Canada) for the same injury.

[am. B.C. Reg. 246/98, s. 4.]

 Section 86 (1) (part), (2), (4) and (5) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) Where an injury for which disability benefits are being paid to an insured under section 80 or 84 continues, at the end of the 104 week period, to disable the insured as described in the applicable section, the corporation shall, subject to subsections (1.1) and (2) and sections 87 to 90, continue to pay the applicable amount of disability benefits to an insured described in section 80 or 84

(2) Where 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 shall 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, and that amount shall continue to be deducted notwithstanding that the amount payable to the insured under the Canada Pension Plan or the Quebec Pension Plan may be increased during the time the insured remains eligible for benefits under this section, but if the amount payable to the insured under the Canada Pension Plan or the Quebec Pension Plan decreases, the benefits payable under this section shall be increased accordingly.

(4) Where an insured is receiving other disability payments as defined in section 81 and under the terms of the contract for payment of those other disability payments the payments are reduced by any amount received under the Canada Pension Plan or the Quebec Pension Plan, the reduction of disability payments under subsection (2) shall be prorated.

(5) Where an insured who is an employed person returns to work but, because of injuries suffered in the accident, is incapable of earning the amount of his present disability benefits, the corporation will pay the difference between his disability benefits and the amount the insured is presently earning through his employment.

 Section 86 (2.1) and (2.2) were added by BC Reg 117/2021, effective May 1, 2021.

 Section 87 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

87   Any benefits payable under section 80, 84 or 86 may be reviewed every 12 months and terminated by the corporation on the advice of the corporation's medical adviser.

 Section 88 (2) (c) (ii) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(ii)  the monthly cost of attendant care required by the insured as a result of injuries from the motor vehicle accident, the level and type of which will be determined by the rehabilitation team using the same standards and criteria applied under the Long Term Care Program of the Continuing Care Division, Ministry of Health, Province of British Columbia;

 Section 88 (2) (c) (ii) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(ii) the monthly cost of attendant care required by the insured as a result of injuries from the motor vehicle accident, the level and type of which will be determined by the rehabilitation team using the same standards and criteria applied under the Long Term Care Program of the Continuing Care Division of the ministry of the minister responsible for the administration of the Continuing Care Act;

 Section 88 (0.1) was added by BC Reg 234/2018, effective April 1, 2019.

 Section 88 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

(1) Where an insured is injured in an accident for which benefits are provided under this Part, the corporation shall, subject to subsections (5) and (6), pay as benefits all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis.

 Section 88 (1.01) to (1.6) were added by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 88 (2), part BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(2) Where, in the opinion of the corporation's medical adviser, provision of any one or more of the following is likely to promote the rehabilitation of an insured who is injured in an accident for which benefits are provided under this Part, the corporation may provide any one or more of the following:

 Section 88 (2) (c) (ii) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

(ii) the monthly cost of attendant care required by the insured as a result of injuries from the motor vehicle accident, the level and type of which will be determined by the rehabilitation team based on the level of care provided by Home Community Care services under the Continuing Care Act;

 Section 88 (2) (d.1) was added by BC Reg 234/2018, effective April 1, 2019.

 Section 88 (2) (e) (i) and (ii) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(i) is consistent with the insured's pre-injury occupation and his post-injury skills and abilities, and

(ii) may return the insured as nearly as practicable to his pre-injury status or improve the post-injury earning capacity and level of independence of the insured;

 Section 88 (6) and (7) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(6) The corporation is not liable for any expenses paid or payable to or recoverable by the insured under a medical, surgical, dental or hospital plan or law, or paid or payable by another insurer.

(7) The maximum amount payable by the corporation under this section for medical, surgical, dental, nursing or physical therapy services or for chiropractic treatment, occupational therapy or speech therapy listed in the payment schedules established by the Medical Services Commission under the Medicare Protection Act is the amount listed in the payment schedules for that service, treatment or therapy.

 Section 88 (8) BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

(8) The corporation is not liable to pay for more than 12 physical therapy treatments for an insured for each accident unless, before any additional treatment is given, the corporation's medical advisor or the insured's medical practitioner certifies to the corporation in writing that, in his opinion, the treatment is necessary for the insured.

 Section 88 (1) (c) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(c) dental, hospital, ambulance and professional nursing services, speech therapy, medication, prostheses and orthoses.

 Section 88 (4) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(4) The corporation is not liable to insure, repair, replace or maintain a motor vehicle acquired by an insured under subsection (2) (a) except in the course of an approved repair resulting from a subsequent claim for insured loss or damage to the vehicle.

 Section 88 (4.1) was added by BC Reg 62/2021, effective May 1, 2021.

 Section 88 (1.4) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1.4) Despite subsection (1.3) (b) (ii), if the annual percentage change as determined under subsection (1.5) is a negative number, the annual percentage change is rounded up to zero.

 Section 88.01 was enacted by BC Reg 60/2019, effective March 29, 2019.

 Section 89 BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

Arbitration

89   For the purpose of section 88 (1), any dispute between the corporation and an insured as to whether or not an expense is reasonable, shall be submitted to arbitration under the Commercial Arbitration Act.

[am. B.C. Reg. 449/88, s. 15.]

 Section 90 (1), part, BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Where, in the opinion of the corporation's medical adviser or vocational adviser and in the opinion of the medical practitioner attending an insured who is receiving benefits under section 80, 84, 86 or 88,

 Section 90 (1) (part) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) Where, in the opinion of the corporation's medical advisor or vocational advisor and in the opinion of the medical practitioner attending an insured who is receiving benefits under section 80, 84, 86 or 88,

 Section 90 (1) (part) and (2) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) Where, in the opinion of the corporation’s medical advisor or vocational advisor and in the opinion of the physician attending an insured who is receiving benefits under section 80, 84, 86 or 88,

(2) Subject to subsection (3), where an insured refuses to comply with a requirement under this section, the corporation may, after giving the insured at least 60 days' notice in writing, by registered mail, postage prepaid, addressed to the insured at his last address according to the corporation's records, terminate payment of benefits under section 80, 84, 86 or 88.

 Section 92 BEFORE re-enacted by BC Reg 234/2018, effective April 1, 2019.

Death benefits

92   (1) In this section and section 5 of Schedule 3:

"dependent child" includes

(a) a child of a parent who is not the head of household of which the child is a member but who is legally liable to support or contribute to the support of the child, and

(b) for the purpose of payment of death benefits in respect of the death of an insured, a child of the insured who is born after the death of the insured and survives for 60 days after birth;

"head of household" includes an insured who was not, at the date of an accident resulting in the death of the insured, residing in the household of which the spouse of the insured was a member, but

(a) was legally liable to contribute to the support of the household, and

(b) during the 12 months immediately preceding the accident provided the major portion of the household's income;

"spouse in household" includes an insured who was not, at the date of an accident resulting in the death of the insured, residing in the household of which the spouse of the insured was a member, but

(a) was contributing or legally liable to contribute to the support of the household, or

(b) would have been responsible for supporting and rearing the dependent children in the household if the spouse of the insured had died.

(2) Subject to section 94, the corporation shall pay a death benefit in an amount that is based on the age and status of a deceased insured as set out in section 5 of Schedule 3, where

(a) the death of an insured is caused by an accident for which benefits are provided under this Part, and

(b) the deceased insured is survived by

(i) a spouse, dependent child or dependent parent, or

(ii) a parent, where the deceased insured is a dependent child.

[am. B.C. Regs. 379/85, s. 34; 246/98, s. 5.]

 Section 92 (1) (a) to (f) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) if the deceased insured is survived by one spouse and no dependants, a single lump sum amount of $30 000 payable to the spouse;

(b) if the deceased insured is survived by one spouse and one or more dependants,

(i) a single lump sum amount of $30 000 payable to the spouse, and

(ii) a single lump sum amount of $6 000 payable to each dependant;

(c) if the deceased insured is survived by more than one spouse and no dependants,

(i) a total amount of $30 000 divided equally among the spouses and payable to each spouse, and

(ii) a single lump sum amount of $6 000 payable to each spouse;

(d) if the deceased insured is survived by more than one spouse and one or more dependants,

(i) a total amount of $30 000 divided equally among the spouses and payable to each spouse, and

(ii) a single lump sum amount of $6 000 payable to each spouse and to each dependant;

(e) if the deceased insured is survived by no spouse and one dependant, a single lump sum amount of $30 000 payable to the dependant;

(f) if the deceased insured is survived by no spouse and more than one dependant,

(i) a total amount of $30 000 divided equally among the dependants and payable to each dependent, and

(ii) a single lump sum amount of $6 000 payable to each dependant.

 Section 92 (2) (b) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(b) the deceased insured is a deceased dependent child within the meaning of subsection (8).

 Section 92 (5) (b) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(b) the deceased insured is a deceased dependent parent within the meaning of subsection (9), and

 Section 92 (6), (8) (part) and (9) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(6) Any benefits payable under this section to a dependent child of a deceased insured must be paid in accordance with section 92 of the Act.

(8) For the purposes of subsection (2), "deceased dependent child" means any of the following:

(9) For the purposes of subsection (5), a "deceased dependent parent" means a deceased insured who was a parent who, at the time of death, resided with a child and received most of the insured's financial support from the child.

 Section 93 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Supplemental, additional and survivor's death benefits

93   (1) Where the deceased insured is survived by a spouse and one or more dependants, or by more than one dependant, the corporation shall pay, in addition to the benefit payable under section 92, a supplemental death benefit in the amount set out in section 6 of Schedule 3 for each survivor, other than the first.

(2) Where the deceased insured is survived by a spouse or one or more dependants or by a spouse and one or more dependants, the corporation shall, in addition to the benefits payable under section 92, pay, for the period of 104 weeks after the death of the deceased insured,

(a) additional death benefits in the applicable amount set out in section 7 of Schedule 3 for the first survivor, and

(b) survivor's death benefits in the applicable amount set out in section 8 of Schedule 3 for each survivor, other than the first,

but the total amount payable under this subsection shall be reduced by the amount of any payment under sections 80 and 84.

(3) Payments under this section terminate on the death of all survivors of the deceased insured.

(4) No benefit is payable under this section unless a benefit is also payable under section 92.

 Section 94 (4) (b) (i), (ii) and (iii) BEFORE amended by BC Reg 385/2012, effective March 18, 2013.

(i)  to the surviving spouse of the deceased insured if the surviving spouse has custody of the dependent child,

(ii)  where the deceased insured is survived by more than one spouse, to the spouse having custody of the child, or

(iii)  where there is no surviving spouse who has custody of the dependent child, to the dependent child.

 Section 94 (4.1) and (5) BEFORE amended by BC Reg 385/2012, effective March 18, 2013.

(4.1)  A benefit payable under section 92 in respect of the death of a dependent child shall be paid

(a) where both parents survive,

(i)  jointly to the parents, if they were living together at the time of the child's death or if though living separate and apart at that time, one parent had care and control of the child and the other was contributing regularly to the support of the child, or

(ii)  to the parent who had care and control of the child at the time of his death, if the parents were living separate and apart at that time and the parent who did not have care and control was not contributing regularly to the support of the child, and

(b) where only one parent survives, to that parent if, at the time of the child's death, that parent had care or control of the child or was contributing regularly to his support.

(5)  Where a deceased insured is survived by dependents, the total amount of benefits payable under sections 92 and 93 shall be divided equally among and paid to the surviving dependents.

 Section 94 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Rules for payment of death benefits

94   (1) Any benefits payable under section 92 or 93 in respect of a spouse of a deceased insured shall be paid to that spouse.

(2) Where a deceased insured is survived by more than one spouse, the total amount of benefits payable under sections 92 and 93 in respect of all spouses shall not exceed the amount that would have been payable

(a) to the spouse having the greatest claim, or

(b) where the claims are equal, to one spouse

if that spouse had been the only spouse and that amount shall be

(c) divided equally among and paid to the spouses, if the deceased insured had the same status in relation to each spouse, or

(d) paid to the spouse in relation to whom the insured had the status of head of household, in any other case.

(3) For the purpose of subsection (2), "claim" does not include any amount payable in respect of a dependant other than a spouse.

(4) Any benefits payable under section 92 or 93 for or on behalf of a dependent child of a deceased insured where that child is

(a) under the age of 19 shall be paid in accordance with section 32 of the Act, or

(b) 19 years of age or older shall be paid

(i) to the surviving spouse of the deceased insured if the surviving spouse has guardianship or custody of the dependent child,

(ii) where the deceased insured is survived by more than one spouse, to the spouse having guardianship or custody of the child, or

(iii) where there is no surviving spouse who has guardianship or custody of the dependent child, to the dependent child.

(4.1) A benefit payable under section 92 in respect of the death of a dependent child must be divided equally among and paid to the surviving parents who at the time of the child's death had care and control of the child or were contributing regularly to the support of the child.

(5) Where a deceased insured is survived by dependants, the total amount of benefits payable under sections 92 and 93 shall be divided equally among and paid to the surviving dependants.

(6) An entitlement to benefits payable under section 92 or 93 shall be determined as of the date of death of the insured.

[am. B.C. Regs. 379/85, s. 35; 449/88, s. 16; 383/89, s. 15; 324/91, s. 22; 385/2012, s. 2.]

 Section 95 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Any benefits payable under section 92 or 93 shall be paid only to a person who survives the deceased insured by at least 60 days.

 Section 95 (2) BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

(2) Where the death of the head of household and of a spouse or dependant of the head of the household is caused by a common disaster, any benefits payable under section 93 shall be paid only in respect of the death of the head of household.

 Section 96 (a) and (c) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) who is resident outside the Province and, at the time of the accident, is the occupant of a vehicle not described in an owner's certificate,

(c) who commits suicide or attempts to commit suicide, whether he is sane or insane,

 Section 96 (b) (ii) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(ii) the occupant of a vehicle exempted under section 43 or 44 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate, or

 Section 97 (1) (part) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(1) Where an accident occurs for which benefits are provided under this Part, the insured shall

 Section 97 (1) (c) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(c) within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation.

 Section 98 (1) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(1) An insured shall, on request of the corporation, promptly furnish a certificate or report of an attending medical practitioner, dentist, physiotherapist or chiropractor as to the nature and extent of the insured's injury, and the treatment, current condition and prognosis of the injury.

 Section 98 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) An insured shall, on request of the corporation, promptly provide a certificate or report of an attending medical practitioner, dentist, physiotherapist or chiropractor as to the nature and extent of the insured's injury, and the treatment, current condition and prognosis of the injury.

 Section 98 (1.1) (b) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(b) in any format specified by the corporation including, without limitation, verbal, written and electronic formats.

 Section 99 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.

 Section 100 (1) and (2) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Where death occurs as a result of an accident for which benefits are provided under this Part, the corporation may withhold benefits payable under section 92 or 93 until the insured claiming the benefits allows the corporation to order an autopsy or post mortem examination of the body of the deceased insured to be performed at the expense of the corporation.

(2) Where 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 deceased insured died from natural causes or as a result of the accident, the corporation shall not pay any benefits under section 92 or 93 unless, before burial or cremation of the deceased insured, the insured claiming the benefits informs the corporation of the death and allows the corporation to order an autopsy or post mortem examination.

 Section 100 BEFORE re-enacted by BC Reg 62/2021, effective May 1, 2021.

Autopsy

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

(2) Where 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 deceased insured died from natural causes or as a result of the accident, the corporation shall not pay any benefits under section 92 or 93 unless, before burial or cremation of the deceased insured, the insured claiming the benefits informs the corporation of the death and allows the corporation to order an autopsy or post mortem examination.

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

[am. B.C. Reg. 234/2018, App. 2, s. 18.]

 Section 103 BEFORE re-enacted by BC Reg 234/2018, effective April 1, 2019.

Limitation

103   (1) No person shall commence an action in respect of benefits under this Part unless

(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and

(b) the action is commenced within 2 years after

(i) the date of the accident for which the benefits are claimed,

(ii) where benefits have been paid, the date he received the last benefit payment under this Part, or

(iii) the date on which the corporation receives a notice under subsection (2).

(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.

(3) A notice referred to in subsection (2) must be

(a) in the form established by the corporation, and

(b) sent by registered mail addressed to the claim office dealing with the insured's claim.

[am. B.C. Reg. 166/2006, Sch. s. 66.]

 Section 104.1 was enacted by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 104.2 was enacted by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 104.21 was enacted by BC Reg 60/2019, effective March 29, 2019.

 Section 104.3 was enacted by BC Reg 234/2018, effective April 1, 2019.

 Section 105 (1) and (2) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) The liability of the corporation for payment of all claims under section 20 or 24 of the Act arising out of the same accident, including in either case a claim for

(a) prejudgment interest under the Court Order Interest Act,

(b) post-judgment interest under the Interest Act (Canada), and

(c) costs awarded by a court,

shall, notwithstanding the number of claims or the number of people making claims, not exceed the amount set out in section 9 (1) of Schedule 3.

(2) The liability of the corporation under section 24 (1) of the Act for recovery for property damage shall be limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3.

 Section 105 (3) was added by BC Reg 62/2021, effective May 1, 2021.

 Section 107 (1) (part) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) The corporation is not liable to an owner of a vehicle who makes a claim under section 24 of the Act for damage to the vehicle if the owner, without reasonable cause, has not

 Section 107 (2) (a) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(a) a claim under section 20 or 24 of the Act for damage to a vehicle, or to a vehicle's equipment or to property carried in or on a vehicle, arising while the vehicle is, without the consent of the owner, in the possession of another, or

 Section 108 BEFORE re-enacted by BC Reg 62/2021, effective May 1, 2021.

Forms

108   The forms set out in Schedule 4 are prescribed for the purpose of section 20 of the Act.

 Section 147 (1) definition of "insured", paragraph (d) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(d) the renter of a vehicle described in an owner's certificate;

 Section 147 (5) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(5) Any dispute between the insured and the corporation as to the degree of liability, if any, of the insured for loss or damage to a vehicle for which compensation is provided under this section shall be submitted to arbitration under the Commercial Arbitration Act.

 Section 147 (1) definition of "insured", paragraph (c) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(c) a person who can supply written proof that he is the beneficial owner of a commercial vehicle described in an owner's certificate, but who, because of the licensing requirements of interprovincial or interstate trade, is not named as the owner on the certificate, or

 Section 147 (2), (4) (part) and (5) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(2) Where loss or damage occurs in Canada or the United States of America to a vehicle described in an owner's certificate and the insured does not have a right of action under the law of the place where the loss or damage occurs or where the person responsible for the loss or damage resides, the corporation shall, subject to subsections (3) and (4), compensate the insured for the loss or damage in an amount equal to the amount of damages the insured would have recovered if the insured had had a right of action.

(4) Where a vehicle for which compensation is provided under this section is insured for own damage collision coverage under an optional insurance contract,

(5) Any dispute between the insured and the corporation as to the degree of liability, if any, of the insured for loss or damage to a vehicle for which compensation is provided under this section must be submitted to arbitration under the Arbitration Act.

 Section 147 (2.1) was added by BC Reg 117/2021, effective May 1, 2021.

 Section 148 (2) BEFORE amended by BC Reg 117/2021, effective April 28, 2021.

(2) Where death or injury of an insured arises out of the operation on a highway in Nunavut, the Yukon Territory, the Northwest Territories or the United States of America of an unidentified or uninsured vehicle, other than an uninsured vehicle owned by or registered in the name of the insured or a member of the same household as the insured, the corporation shall, subject to subsections (3), (4) and (7.1), compensate the insured, or a person who has a claim in respect of the death of the insured, for any amount he is entitled to recover as damages for the injury or death from the owner or driver of the unidentified or uninsured vehicle.

 Section 148 (4) (c) BEFORE amended by BC Reg 117/2021, effective April 28, 2021.

(c) to an insured who is an operator of, or a passenger in or on, a vehicle that the insured knew or ought to have known was being operated without the consent of the owner.

 Section 148 (6) BEFORE amended by BC Reg 117/2021, effective April 28, 2021.

(6) Where an insured makes a claim under this section and against a person who is insured under Part 6, any payment made under this section shall be deducted from any amount the insured is entitled to recover from that person under Part 6.

 Section 148 (7) BEFORE amended by BC Reg 117/2021, effective April 28, 2021.

(7) Any benefits paid to an insured under Part 7 or under legislation of another jurisdiction providing similar benefits shall be deducted from any amount payable to the insured under this section.

 Section 148 (7.1) BEFORE amended by BC Reg 117/2021, effective April 28, 2021.

(7.1) No compensation shall be paid under this section in respect of that part of claim that is paid or payable as an insured claim as defined in section 106 (1).

 Section 148 (8) BEFORE amended by BC Reg 117/2021, effective April 28, 2021.

(8) The determination as to whether an insured is legally entitled to recover damages and, if so entitled, the amount of the damages, shall be made by agreement between the insured and the corporation, but any dispute as to whether the insured is legally entitled to recover damages or as to the amount of damages shall be submitted to arbitration under the Commercial Arbitration Act.

 Section 148 BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

Uninsured or hit and run accident in Nunavut, the Yukon, Northwest Territories or United States of America

148   (1) In this section:

"insured" means

(a) a person named as an owner in an owner's certificate,

(b) a member of the household of a person mentioned in paragraph (a),

(c) Repealed. [B.C. Reg. 257/86, s. 33.]

(c.1) an insured as defined in section 42 who is not in default of premium payable under section 45, or

(c.2) a member of the household of an insured described in paragraph (c.1),

and includes the personal representative of a deceased insured;

"unidentified vehicle" means a vehicle

(a) that causes injury or death to an insured arising out of physical contact of the vehicle with the insured or the vehicle of which the insured is an occupant, and

(b) in respect of which

(i) the names of both the owner and the driver are not ascertainable,

(ii) the name of the owner is not ascertainable and the vehicle has no driver, or

(iii) the name of the driver is not ascertainable and the owner is not liable for the actions of the driver;

"uninsured vehicle" means a vehicle the owner or driver of which is not insured under a vehicle liability policy, but does not include a vehicle owned by or registered in the name of

(a) Repealed. [B.C. Reg. 379/85, s. 49.]

(b) the government of Canada, the United States of America, another state or country or political subdivision of a state or any corporation or agency owned or controlled by a government,

(c) a person who has given proof of financial responsibility in another jurisdiction in a manner similar to the manner prescribed by section 106 of the Motor Vehicle Act, or

(d) a person who is an authorized self-insurer within the meaning of a financial or safety responsibility law respecting motor vehicles.

(2) If death or injury of an insured arises out of the operation on a highway in Nunavut, the Yukon Territory, the Northwest Territories or the United States of America of an unidentified or uninsured vehicle, other than an uninsured vehicle owned by or registered in the name of the insured or a member of the same household as the insured, the corporation must, subject to subsections (3), (4) and (7.1), compensate the insured, or a person who has a claim in respect of the death of the insured, for any amount the insured or person is entitled to recover as damages for the injury or death from the owner or driver of the unidentified or uninsured vehicle.

(3) The liability of the corporation for payment of all claims under this section arising out of the same occurrence, including a claim for

(a) prejudgment interest under the Court Order Interest Act or similar legislation of another jurisdiction,

(b) post-judgment interest under the Interest Act (Canada) or similar legislation of another jurisdiction, and

(c) costs awarded by a court,

must not exceed the least of

(d) the total amount of damages awarded in respect of the occurrence to all insured by the coverage,

(e) the amount by which liability is limited in section 11 of Schedule 3, and

(f) the minimum limits applicable to third party liability insurance coverage for injury or death in the jurisdiction in which the occurrence took place.

(4) The corporation is not liable under this section

(a) to an insured who has a right of recovery under an unsatisfied judgment fund or similar fund in any jurisdiction,

(b) to an insured who, to the prejudice of the corporation,

(i) before a payment is made under this section, commences in the Province or elsewhere an action for damages in respect of the injury or death and fails to file a copy of the originating process with the corporation within 60 days after the day the action is commenced, or

(ii) without the written consent of the corporation settles or prosecutes to judgment a claim against a person or organization that may be liable to the insured for the injury or death, or

(c) to an insured who is an operator or an occupant of a vehicle that the insured knew or ought to have known was being operated without the consent of the owner.

(5) The corporation is not liable under this section unless the insured or a representative of the insured,

(a) with respect to an accident with an unidentified vehicle, reports the accident within 24 hours after its occurrence to a policeman, peace officer, judicial officer or the administrator of any law respecting motor vehicles,

(b) within 28 days after the occurrence, files with the corporation a statement under oath that the insured has a cause of action arising out of the accident against the owner or driver of an unidentified or uninsured vehicle and setting out the facts in support of that statement, and

(c) on the request of the corporation, allows the corporation to inspect the motor vehicle the insured occupied at the time of the occurrence.

(6) If an insured makes a claim under this section and against a person who is insured under Part 6, any payment made under this section must be deducted from any amount the insured is entitled to recover from that person under Part 6.

(7) Any benefits paid to an insured under Part 7 or under legislation of another jurisdiction providing similar benefits must be deducted from any amount payable to the insured under this section.

(7.1) No compensation must be paid under this section in respect of that part of claim that is paid or payable as an insured claim as defined in section 106 (1).

(8) The determination as to whether an insured is legally entitled to recover damages and, if so entitled, the amount of the damages, must be made by agreement between the insured and the corporation, but any dispute as to whether the insured is legally entitled to recover damages or as to the amount of damages must be submitted to arbitration under the Arbitration Act.

(9) Section 148.2 (6) applies in respect of compensation provided under this section.

[am. B.C. Regs. 335/84, s. 34; 379/85, s. 49; 449/88, s. 28; 438/92, s. 17; 379/93, s. 9; 441/98, s. 12; 470/99, s. 3; 166/2006, Sch. s. 72; 117/2021, App. 1.]

 Section 148.01 was enacted by BC Reg 117/2021, effective May 1, 2021.

 Section 148.1 (10) BEFORE amended by BC Reg 156/2010, effective July 1, 2010.

(10)  An insured, or the personal representative of an insured, who, before the corporation settles a claim for injury or death of the insured arising out of the operation of a vehicle by an underinsured motorist, commences an action against the underinsured motorist, shall immediately serve the corporation with a copy of the originating process in the action.

 Section 148.1 (1) definition of "deductible amount", paragraph (b) BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

(b) paid or payable under section 148,

 Section 148.1 (1) definition of "deductible amount", paragraph (c) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(c) paid or payable under Part 7 or under legislation of another jurisdiction that provides compensation similar to benefits,

 Section 148.1 (1) definition of "insured" BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

"insured" means

(a) an occupant of a motor vehicle described in the owner's certificate,

(b) a person who is

(i) named as the owner or renter in the owner's certificate where that person is an individual,

(i.1) an assigned corporate driver, or

(ii) a member of the household of a person described in subparagraph (i) or (i.1),

(b.1) a person who is

(i) an insured as defined in section 42 and who is not in default of premium payable under section 45, or

(ii) a member of the household of an insured described in subparagraph (i), or

(c) a person who, in the jurisdiction in which the accident occurred, is entitled to maintain an action against the underinsured motorist for damages because of the death of a person described in paragraph (a), (b) or (b.1),

and, for the purpose of the payment of compensation under this Division, includes the personal representative of a deceased insured;

 Section 148.1 (1) definition of "underinsured motorist" BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

"underinsured motorist" means an owner or operator of a vehicle who is legally liable for the injury or death of an insured but is unable, when the injury or death occurs, to pay the full amount of damages recoverable by the insured or his personal representative in respect of the injury or death.

 Section 148.1 (2), (3), (7), (8), (9) and (10) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(2) Where death or injury of an insured is caused by an accident that

(a) arises out of the use or operation of a vehicle by an underinsured motorist, and

(b) occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America,

the corporation shall, subject to subsections (1), (5) and (6) and section 148.4, compensate the insured, or a person who has a claim in respect of the death of the insured, for any amount he is entitled to recover from the underinsured motorist as damages for the injury or death.

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

(a) the occupant of a vehicle that is in fact not licensed under the Motor Vehicle Act, the Commercial Transport Act or similar legislation of another jurisdiction, unless the insured has reasonable grounds to believe the vehicle is licensed,

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

(c) the occupant of a vehicle which is exempt under section 43 or 44 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate.

(7) Where more than one certificate provides underinsured motorist protection to an insured, the insured shall be compensated only under one such certificate.

(8) Where, in the event of a claim, an insured has access to underinsured motorist protection coverage under both an owner's certificate and a driver's certificate, the insured shall be compensated under the owner's certificate.

(9) Where, in the event of a claim, an insured has access to underinsured motorist protection coverage or similar insurance protection under vehicle insurance in another jurisdiction, the benefits of that coverage are primary and any benefits provided under this Division are available only to the extent that the amount of benefits provided by the certificate exceeds the amount of benefits provided by the primary insurance.

(10) An insured, or the personal representative of an insured, who, before the corporation settles a claim for injury or death of the insured arising out of the operation of a vehicle by an underinsured motorist, commences an action against the underinsured motorist, shall immediately serve the corporation with a copy of the notice of civil claim in the action.

 Section 148.1 (3.1) was added by BC Reg 117/2021, effective May 1, 2021.

 Section 148.1 (4) (b) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(b) where the hit and run accident occurs in the Yukon, Northwest Territories or United States of America, there is actual physical contact between the insured or the vehicle occupied by the insured and the unidentified vehicle.

 Section 148.1 (5) (part) sandwich text BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

shall not exceed

 Section 148.2 (4) (a) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(4) The corporation is not liable under section 148.1

(a) in respect of an accident occurring in a jurisdiction of Canada or the United States of America in which the right to sue and recover damages for injury or death caused by a vehicle accident is barred by law, or

 Section 148.2 (1), (1.1), (2), (5) and (6) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) Subject to subsection (1.1), the determination as to whether an insured provided underinsured motorist protection under section 148.1 is entitled to compensation and, if so entitled, the amount of compensation, shall be made by agreement between the insured and the corporation, but any dispute as to whether the insured is entitled to compensation or as to the amount of compensation shall be submitted to arbitration under the Commercial Arbitration Act.

(1.1) A dispute about whether a person is an insured under this Division may be submitted to arbitration under the Commercial Arbitration Act regardless of whether there has been a determination that the injury or death of the person was caused by the use or operation of a vehicle by an underinsured motorist.

(2) Notwithstanding subsection (1), section 11 (1) (c) of the Commercial Arbitration Act does not apply in respect of an order for costs of an arbitration.

(5) Where an insured has breached a condition under section 55 or has done or omitted to do anything and, as a result of the breach, action or omission, the insured disqualifies himself 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 his underinsured motorist protection shall be reduced by the amount that the insured would, but for the breach, action or omission, have been entitled to.

(6) Subject to subsection (1), where an accident for which a claim is made under section 148.1 occurs in another jurisdiction,

(a) the law of the place where the insured suffered the injury for which the claim is made shall, whether or not death results from that injury, be applied

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

(ii) in any arbitration proceedings arising out of a difference between the insured and the corporation as to whether the insured is legally entitled to recover damages or the degree to which he is so entitled, and

(b) the law of the Province shall be applied

(i) to determine the measure of any damages recoverable by the insured and to assess the amount of compensation payable to the insured, and

(ii) in any arbitration proceedings arising out of a difference between the insured and the corporation respecting the measure of any damages or the amount of compensation.

 Section 148.3 BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

Underinsured motorist protection for garage vehicle certificate holders

148.3   Where the underinsured motorist protection relates to a garage vehicle certificate, protection is extended to an officer or employee of the garage service operator who, in the course of his duties or employment, is an occupant of a customer's vehicle while the vehicle is being operated by its owner or is in the care, custody or control of the garage service operator.

[en. B.C. Reg. 324/91, s. 35; am. B.C. Regs. 441/98, s. 13; 166/2006, Sch. s. 24; 46/2007, Sch. 2, s. 1.]

 Section 148.4 BEFORE re-enacted by BC Reg 161/2019, effective September 16, 2019.

Excluded vehicles

148.4   Coverage under this Division shall not apply to an owner's certificate issued to a vehicle while such vehicle is being used as a bus, taxi or limousine use vehicle.

[en. B.C. Reg. 324/91, s. 35.]

 Section 148.4 (2) BEFORE amended by BC Reg 48/2020, effective March 5, 2020.

(2) An owner's certificate issued in respect of a vehicle operated as a TNS-only vehicle under a transportation network services authorization does not provide coverage under this Division to an insured who is an occupant of the vehicle if death or injury is caused by an accident that occurs when

(a) a person is, for the purposes of the vehicle being hailed by passengers, signed into the online platform to which the transportation network services authorization relates, or

(b) a person is operating the vehicle for the purposes of picking up, transporting or dropping off passengers by or for whom the vehicle has been hailed through the use of the online platform to which the transportation network services authorization relates.

 Part 11, heading BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Part 11 — Special Coverage Certificates

 Part 11, "Division 1" heading was added by BC Reg 161/2019, effective September 16, 2019.

 Section 149 (1) (part) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(1) Subject to section 15.7, the corporation shall, on application and payment of the applicable premium, provide the following special coverages, each in the form established by the corporation:

 Section 149 (1) (g) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(g) highway crossing permit and certificate (APV-37);

 Section 149 (1) (s) BEFORE repealed by BC Reg 126/2014, effective July 31, 2014.

(s) overseas tourist certificate (APV-272);

 Section 149 (1.1) was added by BC Reg 126/2014, effective July 31, 2014.

 Section 149 (2) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(2) Subject to subsections (3) and (4), a special coverage certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the special coverage certificate.

 Section 149 (4) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(4) A special coverage certificate issued under subsection (1) (h) does not include coverage under Division 2 of Part 10.

 Section 149 (5) to (8) were added by BC Reg 126/2014, effective July 31, 2014.

 Section 149 (1) (part), (1.1) (part), (2), (4), (5), (6), (7) and (8) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(1) Subject to section 15.7 and subsection (1.1) of this section, the corporation shall, on application and payment of the applicable premium, provide the following special coverage certificates, each in the form established by the corporation:

(1.1) A special coverage certificate referred to in subsection (1) (p), (q) or (r) may be issued only to

(2) Subject to subsections (3) to (8), a special coverage certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the special coverage certificate.

(4) A special coverage certificate issued under subsection (1) (b) does not include coverage under Division 1 of Part 10.

(5) A special coverage certificate issued under subsection (1) (g) or (h) does not include coverage under Part 10.

(6) A special coverage 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 and does not include coverage under Part 7 or 10.

(7) A special coverage certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (b) does not evidence coverage under Part 6, 7 or 10.

(8) A special coverage certificate issued under subsection (1) (t) evidences coverage under Parts 6, 7 and 10 only to the extent provided under the terms of the certificate.

 Section 149 (1) (n), (p), (q), (r) and (t) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(n) temporary operation permit and owner's certificate (APV-16 or APV-16L);

(p) transporter's licence and certificate (APV-32 or APV-32L);

(q) demonstration licence and certificate (APV-50 or APV-50L);

(r) repairer's licence and certificate (APV-53 or APV-53L);

(t) special Autoplan certificate (APV-284).

 Section 149 (1) (part) and (3) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(1) Subject to section 15.7 and subsection (1.1) of this section, the corporation shall, on application and payment of the applicable premium, provide the following additional product certificates, each in the form established by the corporation:

(3) An implement of husbandry that is operated on a highway as a motor vehicle shall be insured under an unlicensed farm tractor certificate providing coverage under Parts 6 and 7 and Division 2 of Part 10.

 Section 149 (1) (u) was added by BC Reg 47/2020, effective March 5, 2020.

 Section 149 (2) BEFORE amended by BC Reg 47/2020, effective March 5, 2020.

(2) Subject to subsections (3) to (8), an additional product certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the additional product certificate.

 Section 149 (9) was added by BC Reg 47/2020, effective March 5, 2020.

 Section 149 (2) to (9) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(2) Subject to subsections (3) to (9), an additional product certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the additional product certificate.

(3) An implement of husbandry that is operated on a highway as a motor vehicle must be insured under an unlicensed farm tractor certificate providing coverage under Parts 6 and 7 and Division 2 of Part 10.

(4) An additional product certificate issued under subsection (1) (b) does not include coverage under Division 1 of Part 10.

(5) An additional product certificate issued under subsection (1) (g) or (h) does not include coverage under Part 10.

(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 and does not include coverage under Part 7 or 10.

(7) An additional product certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (b) does not evidence coverage under Part 6, 7 or 10.

(8) An additional product certificate issued under subsection (1) (t) evidences coverage under Parts 6, 7 and 10 only to the extent provided under the terms of the certificate.

(9) An additional product certificate issued under subsection (1) (u) does not include coverage under Division 2 of Part 10.

 Section 149 (7) and (8) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(7) An additional product certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (b) does not evidence coverage under Part 6, 7 or 10 of this regulation or Parts 10 or 11 of the Act.

(8) An additional product certificate issued under subsection (1) (t) evidences coverage under Parts 6, 7 and 10 of this regulation or Parts 10 or 11 of the Act only to the extent provided under the terms of the certificate.

 Section 150 (2) sandwich text BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

that provide indemnity for liability of the garage service operator for loss or damage to customers' vehicles that are in his or her care, custody or control in accordance with the terms of the certificate.

 Section 150 (2.1) was added by BC Reg 117/2021, effective May 1, 2021.

 Section 151 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Coverage for unnamed owner

151   Insurance coverage evidenced by any of the following special coverage certificates includes as an insured the owner of a vehicle insured under the special coverage certificate:

(a) temporary operation permit and owner's certificate (APV-16 or APV-16L);

(b) transporter's licence and certificate (APV-32 or APV-32L);

(c) trailer floater licence and certificate (APV-33);

(d) demonstration licence and certificate (APV-50 or APV-50L);

(e) repairer's licence and certificate (APV-53 or APV-53L).

[en. B.C. Reg. 166/2006, s. 79.]

 Section 154 BEFORE re-enacted by BC Reg 126/2014, effective July 31, 2014.

Expiry date of special coverage certificate

154   A special coverage certificate in a form listed in column A of Schedule 7 expires on the date shown on the special coverage certificate as determined by the date indicated opposite that special coverage certificate in columns B to H.

[en. B.C. Reg. 166/2006, s. 81.]

 Section 154 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Expiry date of special coverage certificate

154   A special coverage certificate in a form listed in column A of Schedule 7 expires on the date indicated opposite the special coverage certificate in columns B to E, as applicable.

[en. B.C. Reg. 126/2014, App. 1, s. 3.]

 Section 154 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Expiry date of additional product certificate

154   An additional product certificate in a form listed in column A of Schedule 7 expires on the date indicated opposite the additional product certificate in columns B to E, as applicable.

[en. B.C. Reg. 126/2014, App. 1, s. 3; am. B.C. Reg. 126/2014, App. 2, s. 12.]

 Part 11, Division 2, Sections 154.1 to 154.6 were enacted by BC Reg 161/2019, effective September 16, 2019.

 Section 154.3 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) Subject to subsection (2), a TNS blanket certificate evidences coverage under Parts 6 and 7 when a vehicle covered by the TNS blanket certificate is being operated in accordance with the terms set out in that TNS blanket certificate.

 Section 154.4 BEFORE re-enacted by BC Reg 48/2020, effective March 5, 2020.

When coverage provided by
TNS blanket certificate applies

154.4   Coverage provided by a TNS blanket certificate applies in respect of a TNS vehicle, instead of the coverage provided by another certificate, when a person is operating the vehicle under a transportation network services authorization for the purposes of picking up, transporting or dropping off passengers by or for whom the vehicle has been hailed through the use of the online platform to which the transportation network services authorization relates.

[en. B.C. Reg. 161/2019, s. 9.]

 Part 11, Division 3, Sections 154.7 to 154.94 were enacted by BC Reg 161/2019, effective September 16, 2019.

 Section 154.91 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) Subject to subsection (2), a P2P blanket certificate evidences coverage under Parts 6, 7 and 10 when a vehicle covered by the P2P blanket certificate is being operated in accordance with the terms set out in that P2P blanket certificate.

 Section 155 (1) (a) (iii) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(iii) more than one person, if the persons jointly operate a taxi business and the vehicles are controlled by radio dispatch from one dispatching unit, and

 Section 155 (2) was added by BC Reg 161/2019, effective September 16, 2019.

 Section 155 (1) definition of "owner" BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

"owner" includes an unregistered beneficial owner, lienholder, person who rents a vehicle as a leased vehicle or a person who rents a vehicle as a leased vehicle to another person.

 Section 161 BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

Responsibility of fleet operator

161   A fleet operator who is not the owner of a vehicle in the fleet for which he is designated fleet operator shall

(a) be deemed to be duly authorized by an owner of the vehicle to act as the sole agent of the owner of the vehicle for the purposes of the Act and this regulation, and

(b) be as responsible to the corporation in respect of any matter relating to the vehicle as is the owner of the vehicle.

 Section 167 (1) BEFORE amended by BC Reg 47/2020, effective March 5, 2020.

(1) If an application to insure vehicles as a fleet has been approved under section 156, the corporation may, at the beginning of an insurance year, agree with the fleet operator to adjust at the end of that year the amount of premium payable for that year based on the total amount paid or payable by the corporation as a result of accidents that occurred during that year in respect of all vehicles in the fleet.

 Section 167 (3) and (4) were added by BC Reg 47/2020, effective March 5, 2020.

 Section 168 (5) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(5) A fleet operator who holds a fleet reporting policy shall, on application for number plates for the vehicles that comprise the fleet to which the fleet reporting policy is issued or for any renewal, replacement, change or substitution of those number plates and corresponding insurance, produce for inspection by the corporation the fleet reporting certificate issued to the fleet operator.

 Section 168 (3) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(3) A fleet reporting certificate issued under this section provides, during the term of the fleet reporting certificate, coverage under Parts 6, 7 and 10, so long as the vehicles described in the fleet reporting certificate are operated in accordance with the terms and conditions set out in the fleet reporting certificate.

 Section 172 (c) (i) BEFORE amended by BC Reg 156/2010, effective July 1, 2010.

(i)  the amount offered by the insurer as its total liability for indemnity to the insured under the contract in an offer to settle delivered in accordance with the Supreme Court Rules

 Section 175 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) In this section, "nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of prescribed substances under the Atomic Energy Control Act (Canada).

 Section 176 (1) (b) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(b) the amount payable in respect of direct loss of or damage to the vehicle.

 Section 177 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) If a coverage dispute is, under section 176 (2), required to be submitted to arbitration, the owner or the insurer may refer the matters in dispute to arbitration in accordance with the Commercial Arbitration Act.

 Section 177 (3) (a) and (b) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(a) within 7 calendar days after his or her appointment, serve notice of the appointment on the owner and the insurer, and

(b) promptly after his or her appointment,

 Section 181 BEFORE re-enacted by BC Reg 161/2019, effective September 16, 2019.

When section 82.1 (1) of the Act does not apply

181   Section 82.1 (1) of the Act does not apply to the following:

(a) a lessor of a taxi, bus or limousine use vehicle who is the owner of the taxi, bus or limousine use vehicle;

(b) a lessor of a taxi, bus or limousine use vehicle who subleases or rents the taxi, bus or limousine use vehicle to another person.

[en. B.C. Reg. 341/2007, s. 13.]

 Section 181 (c) (ii) BEFORE amended by BC Reg 48/2020, effective March 5, 2020.

(ii) the loss or damage arises when

(A) a person is, for the purposes of the vehicle being hailed by passengers, signed into the online platform to which the transportation network services authorization relates, or

(B) a person is operating the vehicle for the purposes of picking up, transporting or dropping off passengers by or for whom the vehicle has been hailed through the use of the online platform to which the transportation network services authorization relates;

 Schedule 3, section 1 (2) (a) and (b) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(a) where the claims are made in respect of a bus, $500 000, including personal baggage of passengers but not including any other freight,

(b) where the claims are made in respect of a taxi or a limousine use vehicle, $300 000, including personal baggage of passengers but not including any other freight, and

 Schedule 3, section 1 (4) (a) and (b) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(a) where the claims are made in respect of an extra-provincial truck undertaking other than as described in paragraph (b), $1 million, or

(b) where the claims are made in respect of an extra-provincial truck undertaking used for the transport of dangerous goods as described in section 4 (1) (b) of the Extra-Provincial Truck Undertaking Licencing Regulations made under the Motor Vehicle Transport Act, 1987 (Canada), $2 million.

 Schedule 3, section 1 (5) BEFORE amended by BC Reg 161/2019, effective September 16, 2019.

(5) Subject to subsection (6) and notwithstanding subsections (2) and (4), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1995, is,

(a) where the claims are made in respect of a bus, $1 million, including the personal baggage of passengers but not including any other freight,

(b) where the claims are made in respect of a taxi or limousine use vehicle, $1 million, including the personal baggage of passengers but not including any other freight,

(c) $1 million, where the claims are made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer, other than one described in paragraph (d), used for commercial purposes and required to be registered and licensed under the Commercial Transport Act, or

(d) $2 million, where the claims are made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer that is used for

(i) commercial purposes and required to be registered and licensed under the Commercial Transport Act, and

(ii) the transportation of dangerous goods as described in Schedule XII of the Transportation of Dangerous Goods Regulation under the Transportation of Dangerous Goods Act (Canada).

 Schedule 3, section 1 (5.1) and (5.2) were added by BC Reg 161/2019, effective September 16, 2019.

 Schedule 3, section 1 (5) (b) BEFORE amended by BC Reg 48/2020, effective March 5, 2020.

(b) $1 million, in the case of claims made in respect of an accident that occurs when a TNS-only vehicle is being operated under a transportation network services authorization for the purposes of picking up, transporting or dropping off passengers by or for whom the vehicle has been hailed through the use of the online platform to which the transportation network services authorization relates,

 Schedule 3, section 1 (5) (d) (ii) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(ii) the transportation of dangerous goods as described in Schedule XII of the Transportation of Dangerous Goods Regulation under the Transportation of Dangerous Goods Act (Canada).

 Schedule 3, section 2 (2) BEFORE amended by BC Reg 105/2018, effective January 1, 2018 [retro from June 1, 2018].

(2) Notwithstanding subsection (1), the amount by which the liability of the corporation is limited in respect of each insured injured on or after January 1, 1990 in the same occurrence shall not exceed $150 000.

 Schedule 3, section 2 (a) and (b) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(a) payable under section 80 in respect of an accident is $300 a week, or

(b) payable under section 84 in respect of an accident occurring on or after January 1, 1987 is $145 a week.

 Schedule 3, section 3 (3) and (4) were added by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Schedule 3, section 4 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

4   The maximum amount of funeral expenses that may be reimbursed under section 91 in respect of an accident occurring on or after January 1, 1996 is $2 500.

 Schedule 3 sections 5 to 8 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

Death benefits

5   Where an insured at the date of death resulting from a motor vehicle accident comes within an age group set out in column A of the following Table and the insured has the status set out in column B, C or D, the amount of death benefit payable under section 92 is the amount set out below that status and opposite that age group.

Column A Column B Column C Column D
Age of
Deceased
 Head of
Household
 Spouse in
Household
 Dependent
Child
  $ $ $
Less than 5 years   500
5 to 9 years   1 000
10 to 18 years 5 000 2 500 1 500
19 and over 5 000 2 500 1 000

[am. B.C. Reg. 383/89, s. 43.]

Supplemental death benefits

6   The amount of a supplemental death benefit payable under section 93 is $1 000.

Additional death benefits

7   The amount of an additional death benefit payable under section 93 (2) (a) in respect of an accident occurring on or after January 1, 1987 is $145 a week.

[am. B.C. Regs. 335/84, s. 42; 379/85, s. 59; 257/86, s. 42.]

Survivor's benefits

8   The amount of a survivor's death benefit payable under section 93 (2) (b) in respect of an accident occurring on or after January 1, 1987 is $35 a week.

[am. B.C. Regs. 335/84, s. 42; 257/86, s. 43.]

 Schedule 3, section 9 (2) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(2) With respect to an accident occurring on or after January 1, 2002, for the purpose of section 105 (2), the amount is limited to the amount by which the damage exceeds $750.

 Schedule 3, section 10 BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

Loss of use

10   The maximum amount of expenses that may be reimbursed under section 124 in respect of a theft occurring on or after January 1, 1995 is $40 per day up to a total limit of $800.

[am. B.C. Regs. 383/89, s. 43; 448/90, s. 38; 404/94, s. 23.]

 Schedule 3, section 11 BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

Claims under section 148

11   With respect to an accident occurring on or after January 1, 1985, for the purpose of section 148 (3) (e), the amount by which the liability of the corporation is limited is $200 000.

[am. B.C. Reg. 335/84, s. 42.]

 Schedule 3.1 BEFORE re-enacted by BC Reg 234/2018, effective April 1, 2019.

Schedule 3.1

Repealed. [B.C. Reg. 166/2006, Sch. s. 89.]

 Schedule 4 heading BEFORE re-enacted by BC Reg 62/2021, effective May 1, 2021.

Prescribed Forms

 Schedule 4.1 was enacted by BC Reg 62/2021, effective May 1, 2021.

 Schedule 7 BEFORE re-enacted by BC Reg 126/2014, effective July 31, 2014.

Schedule 7

Expiry Dates of Special Coverage Certificates

(sections 1 (1) and 154)

ABCDEFGH
Special Coverage CerificateIf Fleet, Last Day of Designated Expiry Month of the FleetIf Fleet and Short Term, Last Day of (a) Designated Expiry Month, or (b) 6th Month prior to Designated Expiry Month, of the FleetIf Not Fleet, Expiry Date of PlateIf Not Fleet and No Plate Involved, 11 Months and X DaysIf Not Fleet and No Plate Involved, 3, 4, 5, 6, 7, 8, 9 and 10 Months and X DaysMiscellaneousIf Not Fleet, Expiry Date of Garage Policy
APV-4X  X   
APV-11X  X   
APV-16
or
APV-16L
     Date specified on special coverage certificate. 
APV-31X  X   
APV-32X     X
APV-32LX     X
APV-33X  X   
APV-36     10 days from date of issue. 
APV-37X  X   
APV-38     Date specified on special coverage certificate (not exceeding 31 days from date of issue). 
APV-44   XX  
APV-49XX XX  
APV-50X     X
APV-50LX     X
APV-53X     X
APV-53LX     X
APV-96     Date specified on special coverage certificate. 
APV-97     Date specified on special coverage certificate. 
APV-116AXX XX  
APV-317  X    

[en. B.C. Reg. 424/97, s. 9; am. B.C. Regs. 441/98, s. 20; 298/2002, s. 1; 33/2005, s. 12;
333/2005, s. 9; 166/2006, ss. 4 and 92.]

 Schedule 7 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Schedule 7

Expiry Dates of Special Coverage Certificates

(sections 1 (1) and 154)

Column AColumn BColumn CColumn DColumn E
Special Coverage CertificateIf Fleet, Last Day of Designated Expiry Month of FleetIf Not Fleet, Expiry Date of Garage Vehicle CertificateIf Not Fleet, Expiry Date of PlateMiscellaneous
APV-4X  If not fleet, date specified on special coverage certificate
APV-16 or APV-16L  Date specified on special coverage certificate
APV-31X X
APV-32XX
APV-32LXX
APV-33XX
APV-37Date specified on special coverage certificate
APV-38Date specified on special coverage certificate
APV-44Date specified on special coverage certificate
APV-49XIf not fleet, date specified on special coverage certificate
APV-50XX
APV-50LXX
APV-53XX
APV-53LXX
APV-96Date specified on special coverage certificate
APV-97Date specified on special coverage certificate
APV-116AXX
APV-284Date specified on special coverage certificate
APV-317X

[en. B.C. Reg. 126/2014, App. 1, s. 4.]

 Schedule 7 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Schedule 7

Expiry Dates of Additional Product Certificates

(sections 1 (1) and 154)

Column AColumn BColumn CColumn DColumn E
Additional Product CertificateIf Fleet, Last Day of Designated Expiry Month of FleetIf Not Fleet, Expiry Date of Garage Vehicle CertificateIf Not Fleet, Expiry Date of PlateMiscellaneous
APV-4X  If not fleet, date specified on additional product certificate
APV-16  Date specified on additional product certificate
APV-31X X
APV-32XX
APV-33XX
APV-37Date specified on additional product certificate
APV-38Date specified on additional product certificate
APV-44Date specified on additional product certificate
APV-49XIf not fleet, date specified on additional product certificate
APV-50XX
APV-53XX
APV-96Date specified on additional product certificate
APV-97Date specified on additional product certificate
APV-116AXX
APV-284Date specified on additional product certificate
APV-317X

[en. B.C. Reg. 126/2014, App. 2, s. 13.]

 Schedule 10, section 3 BEFORE amended by BC Reg 4/2010, effective February 1, 2010.

(3)  An insured does not contravene subcondition (2) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on his or her driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

 Schedule 10, section 3 (9) (c) and (d) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(c) an insured is convicted of an offence under section 253 (b) of the Criminal Code, section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States that is similar to either of those sections and the accident in respect of which a claim is made by the insured occurred during the commission of the offence by the insured and while the insured was operating a vehicle, or

(d) an insured is convicted of an offence under section 254 (5) of the Criminal Code, section 226 of the Motor Vehicle Act or a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either of those sections and the accident in respect of which a claim is made by the insured occurred within the 2 hours preceding the commission of the offence by the insured and while the insured was operating a vehicle.

 Schedule 10, section 3 (10) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(10) In subcondition (9):

"convicted" includes being

(a) convicted under the Young Offenders Act (Canada) for contravening a provision referred to in the definition of "motor vehicle related Criminal Code offence" or section 253 (b) or 254 (5) of the Criminal Code, 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 Young Offenders Act (Canada) for contravening a provision of the law of that jurisdiction that is mentioned in subcondition (9) (b) (iii), (c) or (d);

"motor vehicle related Criminal Code offence" means an offence under section 220, 221, 249, 252, 253 (a), 255 (2) or (3) or 259 (4) of the Criminal Code committed while operating or having care or control of a vehicle or committed by means of a vehicle.

 Schedule 10, section 3 (7.1) and (7.2) were added by BC Reg 161/2019, effective September 16, 2019.

 Schedule 10, section 3 (2) (a) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(a) if the insured is not authorized and qualified by law to operate the vehicle,

 Schedule 10, section 3 (3) and (8) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(3) An insured does not contravene subcondition (2) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on his or her driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.072 (1) (a) or (b), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

(8) It is a breach of this condition if the injury, death, loss or damage in respect of which a claim is made by an insured is caused by or results from an intentional act of violence committed by the insured, while sane, by means of a vehicle.

 Schedule 10, section 3 (9) (a) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(a) an insured is operating a vehicle while under the influence of intoxicating liquor or a drug or other intoxicating substance to such an extent that the insured is incapable of proper control of the vehicle,

 Schedule 10, section 3 (9) (c) (ii) BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

(ii) under section 224 of the Motor Vehicle Act, or

 Schedule 10, section 3 (9) (c) (iii) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(iii) under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision referred to in subparagraph (i) or (ii),

 Schedule 10, section 3 (9) (d) BEFORE repealed by BC Reg 117/2021, effective May 1, 2021.

(d) an insured is convicted of an offence committed

(i) before December 18, 2018 under section 254 (5) of the Criminal Code,

(ii) on or after December 18, 2018 under any of the following provisions of the Criminal Code:

(A) section 320.14 (1) (b);

(B) section 320.14 (2), as that section relates to an offence committed under section 320.14 (1) (b);

(C) section 320.14 (3), as that section relates to an offence committed under section 320.14 (1) (b);

(D) section 320.15 (1);

(E) section 320.15 (2), as that section relates to an offence committed under section 320.15 (1);

(F) section 320.15 (3), as that section relates to an offence committed under section 320.15 (1),

(iii) under section 226 of the Motor Vehicle Act, or

(iv) under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision referred to in subparagraph (i), (ii) or (iii),

and the accident in respect of which the insured's claim is made occurred within the 2 hours preceding the insured's commission of the offence and while the insured was operating a vehicle.

 Schedule 10, section 3 (10) definition of "convicted" BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

"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",

(ii) in the case of a contravention occurring before December 18, 2018, under a provision referred to in subcondition (9) (c) (i) or (d) (i), or

(iii) in the case of a contravention occurring on or after December 18, 2018, under a provision referred to in subcondition (9) (d) (ii), 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 subcondition (9) (b) (iii), (c) (iii) or (d) (iv);

 Schedule 10, section 3 (10) definition of "motor vehicle related Criminal Code offence", paragraph (b) (iii.1) was added by BC Reg 117/2021, effective May 1, 2021.

 Schedule 10, section 3 (10) definition of "motor vehicle related Criminal Code offence", paragraph (c) (i) to (x) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(i) section 320.13 (1);

(ii) section 320.13 (2);

(iii) section 320.13 (3);

(iv) section 320.14 (1) (a);

(v) section 320.14 (2), as that section relates to an offence committed under section 320.14 (1) (a);

(vi) section 320.14 (3), as that section relates to an offence committed under section 320.14 (1) (a);

(vii) section 320.16 (1);

(viii) section 320.16 (2);

(ix) section 320.16 (3);

(x) section 320.18.

 Schedule 10, section 3 (10) definition of "motor vehicle related Criminal Code offence", paragraph (c) (xi) to (xix) were added by BC Reg 117/2021, effective May 1, 2021.