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"Point in Time" Regulation Content

Insurance (Vehicle) Act

Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation

B.C. Reg. 60/2021

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 May 1, 2021
[retro from April 11, 2022]
Section 2 May 1, 2021
May 1, 2021
[retro from April 11, 2022]
Section 4 May 1, 2021
[retro from April 11, 2022]
Section 11 May 1, 2021
Section 18 May 1, 2021
Section 27 May 1, 2021
Section 36 May 1, 2025
Section 51 May 1, 2021
December 1, 2022
Section 54 May 1, 2021
May 1, 2021
[retro from April 11, 2022]
Section 60 May 1, 2021
[retro from April 11, 2022]
Section 61 May 1, 2021
Section 62 May 1, 2021
[retro from April 11, 2022]
Section 63 May 1, 2021
[retro from April 11, 2022]
Section 65 May 1, 2021
[retro from April 11, 2022]

 Section 1 (0.1) and (1.1) were added by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

 Section 2 (9) (b) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(b) the caregiver benefit plus the income replacement benefit under 133 (1) or 134 (1) (b) of the Act,

 Section 2 (7) BEFORE amended by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

(7) The minimum income replacement benefit to which an insured, other than a student or minor, who sustains a catastrophic injury is entitled is an amount determined on the basis of a gross yearly employment income determined on the basis of the industrial average wage.

 Section 4 (1) (c) BEFORE amended by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

(c) the full-time earner's gross yearly employment income from all employments that the full-time earner is unable to continue because of the accident, if the full-time earner held more than one employment at the time of the accident.

 Section 11 (1) (d) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(d) the insured holds an employment from which the gross yearly employment income is equal to or greater than the gross yearly employment income on which insured's income replacement benefit is determined.

 Section 11 (2) (d) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(d) the insured holds an employment from which the gross yearly employment income is equal to or greater than the gross yearly employment income on which insured's income replacement benefit is determined.

 Section 11 (3) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(3) Despite section 146 (1) (a) of the Act and subsection (1) (a) and (b) of this section, the following periods of time, in the corresponding following circumstances, are prescribed for the purposes of section 146 (2) of the Act for all insureds except those with a catastrophic injury:

 Section 11 (4) and (5) were added by BC Reg 117/2021, effective May 1, 2021.

 Section 18 (1) definition of "business income" BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

"business income" means the income derived from self-employment or a Canadian-controlled private corporation, by way of proprietorship, partnership interest, or significant influence shareholder interest, less any expense that relates to the income and is allowed under the Income Tax Act and the Income Tax Act (Canada) but not including the following:

 Section 27 description of "GYEI" BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

GYEI=the gross yearly employment income of the determined employment calculated in accordance with section 20, 21, 22 to 25 or 26 (c) or (d);

 Section 36 (4) (b) BEFORE amended by BC Reg 54/2025, effective May 1, 2025.

(b) the amount referred to in section 3 (2) (a) of this regulation.

 Section 51 (1) definition of "full-time basis" BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(d) is attending classes at the secondary school or post-secondary educational institution on a regular basis,

 Section 51 (2) (b) BEFORE amended by BC Reg 253/2022, effective December 1, 2022.

(b) a student who is a secondary school student registered as a youth apprentice with the Industry Training Authority or the other trades programs managed by the Industry Training Authority that are not red seal trades.

 Section 54 (1) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) The income replacement benefit to which a student is entitled under section 137 (2) (a) of the Act must be determined on the basis of the following:

 Section 54 (1) (c) BEFORE amended by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

(c) if at the time of the accident the student holds or would have held more than one employment, the gross yearly employment income the student earned or would have earned from all employment that student is unable to hold because of the accident.

 Section 60 (2) BEFORE amended by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

(2) A loss-of-studies benefit is payable until not later than the end of the school year in which the minor reaches 19 years of age.

 Section 61 (1) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) The income replacement benefit to which a minor is entitled under section 142 (1) (a) of the Act must be determined on the basis of the following:

 Section 62 BEFORE re-enacted by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

Benefit for minor unable to begin or continue studies

62   The income replacement benefit to which a minor is entitled under section 143 of the Act is based on a gross yearly employment income equal to a yearly average calculated on the basis of the industrial average wage for each of the 12 months preceding July 1 of the year before the end of the school year during which the minor reaches 19 years of age.

 Section 63 (1) (part) BEFORE amended by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

(1) The benefit to which a minor whose studies end before July 1 of the year in which the minor reaches 19 years of age is entitled under section 144 of the Act is the following:

 Section 65 (1) BEFORE amended by BC Reg 94/2022, effective May 1, 2021 [retro from April 11, 2022].

(1) The corporation may determine an employment, under section 14, for a minor at any time on or after July 1 of the year in which the minor reaches 19 years of age if the minor is able to work but unable because of the accident to hold an employment from which the gross yearly employment income is equal to or greater than the gross yearly employment income used by the corporation to calculate an income replacement benefit under section 143 or 144 of the Act, if the minor had been unable to hold employment because of the accident.