Section 1 definition of "health care services", paragraph (b.1) was added by 2012-22-94, effective May 31, 2012 (Royal Assent).
Section 1 definition of "beneficiary" BEFORE amended by 2011-13-118, effective February 10, 2013 (BC Reg 223/2012 as amended by BC Reg 342/2012).
"beneficiary" has the same meaning as in the Medicare Protection Act;
Section 1 definition of "health care services", paragraph (d) BEFORE amended by 2013-13-22, effective April 1, 2013, 2013 (BC Reg 145/2013).
(d) expenditures, made directly or through one or more agents or intermediate bodies, by the government for emergency health services provided in respect of a beneficiary under the Emergency and Health Services Act, and
Section 1 definition of "health care services", paragraph (a.1) was added by 2014-8-85, effective October 1, 2015 (BC Reg 52/2015).
Section 3 (1) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(1) If, in his or her own name or as a member of a class of persons under the Class Proceedings Act, a beneficiary referred to in section 2 (1) [beneficiary's right to recover] of this Act or his or her personal or other legal representative commences a legal proceeding against a person alleged to be the wrongdoer for damages arising from or related to the beneficiary's personal injury or death, the beneficiary or his or her personal or other legal representative must include a health care services claim in that legal proceeding.
Section 4 (1) (a) and (b) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(a) by the beneficiary or his or her personal or other legal representative, or
(b) if the beneficiary or his or her personal or other legal representative is represented in the legal proceeding by a lawyer, by the lawyer or by the beneficiary or his or her personal or other legal representative.
Section 4 (2) BEFORE amended by 2019-36-77(b), effective October 31, 2019 (Royal Assent).
(2) Notice under subsection (1) must be in the prescribed form and include a copy of the originating documents for the legal proceeding.
Section 5 (3) BEFORE amended by 2019-36-78(a) and (b), effective October 31, 2019 (Royal Assent).
(3) The court must not make an order finally disposing of a legal proceeding referred to in section 3 (1) [obligation to claim] unless the court is satisfied that the government has been given both of the following:
(a) the written notice required under section 4 [requirement to notify government of claim];
(b) written notice of the application for the order of final disposition.
Section 6 (1) (b) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(b) on written notice to the beneficiary or his or her personal or other legal representative, as the case may be, assume conduct of the health care services claim portion of the proceeding.
Section 8 (5) (b) (iii) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(iii) the date that is 6 months after the date on which the minister is first provided with records or information from the beneficiary or his or her personal or other legal representative under section 11 (2) [beneficiary's duty to cooperate];
Section 9 (1) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(1) The government need not obtain the permission of the beneficiary or his or her family members or personal or other legal representative to commence a legal proceeding under section 7 (2) [government has subrogated right] or 8 (2) [government has independent right to recover].
Section 11 (1) and (2) (part) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(1) A beneficiary and his or her personal or other legal representative must cooperate fully with the minister and the government and their agents and legal counsel in the government's recovery of past and future costs of health care services under this Act in respect of that beneficiary.
(2) Without limiting subsection (1), the beneficiary or his or her personal or other legal representative must
Section 12 BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
Beneficiary's duty to give notice to minister before settlement
12 At least 21 days before a beneficiary referred to in section 2 [beneficiary's right to recover] or his or her personal or other legal representative enters into any settlement relating to the personal injury referred to in that section, the beneficiary or personal or other legal representative must give notice to the minister in the prescribed form and in accordance with the regulations, if any, under section 25 (2) (d) [regulations].
Section 17 BEFORE amended by 2015-41-18, effective November 17, 2015 (Royal Assent).
Joint and several liability
17 If it is determined in a legal proceeding referred to in section 3 (1) [obligation to claim], 7 (2) [government has subrogated right] or 8 (2) [government has independent right to recover] that the personal injury of a beneficiary was caused, in whole or in part, by the negligence or wrongful act or omission of 2 or more wrongdoers, those wrongdoers are jointly and severally liable for the percentage of the past and future costs of heath care services attributable to the personal injury that is equal to the percentage of total fault for the injury that is determined by the court to be attributable to those wrongdoers.
Section 19 BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
Government has separate appeal right in beneficiary's proceeding
19 If judgment has been given in a legal proceeding referred to in section 3 (1) [obligation to claim] and the beneficiary or his or her personal or other legal representative has not appealed the decision within the appeal period set out in section 14 of the Court of Appeal Act, the government may, within 15 days after the date that appeal period expires, appeal in its own name the judgment as it relates to the health care services claim.
Section 19 BEFORE amended by 2021-6-54, effective July 18, 2022 (BC Reg 120/2022).
Government has separate appeal right in beneficiary's proceeding
19 If judgment has been given in a legal proceeding referred to in section 3 (1) [obligation to claim] and the beneficiary or the beneficiary's personal or other legal representative has not appealed the decision within the appeal period set out in section 14 of the Court of Appeal Act, the government may, within 15 days after the date that appeal period expires, appeal in its own name the judgment as it relates to the health care services claim.
Section 22 (a) BEFORE amended by BC Reg 27/2013 under RS1996-238-11, effective January 30, 2013 (BC Reg 27/2013).
(a) must be served on the Attorney General at the Ministry of the Attorney General in the City of Victoria, and
Section 22 (a) BEFORE amended by BC Reg 99/2018 under RS1996-238-11, effective May 18, 2018 (BC Reg 99/2018).
(a) must be served on the Attorney General at the Ministry of Justice in the City of Victoria, and
Section 24 BEFORE amended by 2019-36-80(a), (c) and (d), effective October 31, 2019 (Royal Assent).
Application of this Act
24 (1) Subject to this section, this Act applies in relation to any personal injury suffered by a beneficiary, whether before or after this subsection comes into force.
(2) The requirements of sections 3 [obligation to claim], 4 [requirement to notify government of claim] and 5 [final disposition of claim or legal proceeding] do not apply in relation to legal proceedings commenced before this subsection comes into force.
(3) This Act does not apply in relation to health care services that are provided or are to be provided to a beneficiary in relation to
(a) personal injury or death arising out of a wrongdoer's use or operation of a motor vehicle if the wrongdoer has, when the injury is caused, coverage under the plan, as those terms are defined in the Insurance (Vehicle) Act,
(a.1) personal injury or death arising out of an opioid-related wrong as defined in the Opioid Damages and Health Care Costs Recovery Act,
(b) personal injury or death arising out of a tobacco related wrong as defined in the Tobacco Damages and Health Care Costs Recovery Act, or
(c) personal injury or death arising out of and in the course of the beneficiary's employment if compensation is paid or payable by the Workers' Compensation Board out of the accident fund continued under the Workers Compensation Act.
"compensation" includes a health care benefit provided under the Workers Compensation Act;
"personal injury" includes occupational disease as defined in the Workers Compensation Act.
Section 25 (2) (e) BEFORE amended by 2019-36-76, effective October 31, 2019 (Royal Assent).
(e) establishing the terms and conditions under which a lawyer for a beneficiary, or for his or her personal or other legal representative, may also represent the government's interests in respect of a health care services claim including the basis of any contingency fee arrangement that may be entered into in relation to such representation;
Section 25 (2) (g) BEFORE amended by 2019-36-81, effective October 31, 2019 (Royal Assent).
(g) exempting a legal proceeding or health care services claim or a class of legal proceedings or health care services claims from all or any of the provisions of this Act, and establishing terms and conditions applicable to those exemptions;