Part 0.1 heading was added by 2020-10-4, effective May 1, 2021 (BC Reg 4/2021).

  Section 1 (1) in the definitions of "additional premium", and "basic premium" BEFORE amended by 2003-35-10(a) and (b), effective August 12, 2003 (BC Reg 320/2003).

"additional premium" means an additional premium charged against an insured under section 35 and the regulations;

"basic premium" means that portion of the premium that is based on criteria or classifications established under the regulations, but does not include an additional premium;

  Section 1 (1) the definition of "commission" was added by 2003-35-10(c), effective August 12, 2003 (BC Reg 320/2003).

  Section 1 (1) definition of "registration and licence" paragraph (a) BEFORE amended by 2004-39-74(a), effective June 28, 2004 (BC Reg 265/2004).

(a) a registration and licence issued under the Motor Carrier Act or regulations, or the Commercial Transport Act or regulations for the operation of a commercial vehicle or trailer or a permit issued under them,

  Section 1 BEFORE amended and re-ordered by 2003-94-2 (as amended by 2006-28-17), effective June 1, 2007 (BC Reg 166/2006).

  Section 1 (1) definitions "leased motor vehicle", "lessee" and "lessor" were added by 2007-24-10, effective November 8, 2007 (BC Reg 341/2007).

  Section 1 (1) definitions of "driver's certificate", "health care" and "health care practitioner" were added by 2018-19-1(a), effective May 17, 2018 (Royal Assent).

  Section 1 (1) definition of "owner's certificate" BEFORE amended by 2018-19-1(b), effective May 17, 2018 (Royal Assent).

"owner's certificate" means a certificate issued to an owner under the plan;

  Section 1 (1) definition of "action" was added by 2018-17-39, effective April 1, 2019 (BC Reg 233/2018).

  Section 1 (1) definition of "blanket certificate" was added by 2018-53-57, effective September 16, 2019 (BC Reg 160/2019).

  Section 1 definitions of "activities of daily living", "benefits", "dependant", "dependent child", "dependent parent", "highway", "occupant", "operate", "rehabilitation" and "resident" were added by 2020-10-5(a) and (c), effective May 1, 2021 (BC Reg 4/2021).

  Section 1 definition of "plan" BEFORE amended by 2020-10-5(b), effective May 1, 2021 (BC Reg 4/2021).

"plan" means the plan of universal compulsory vehicle insurance referred to in section 2 and operated by the corporation under Part 1 and the regulations under that Part;

  Section 1 (1) definitions of "dependant", "dependent child" and "dependent parent" BEFORE repealed by 2021-23-1, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

"dependant" means

(a) a dependent child,

(b) a dependent parent, and

(c) a person in a prescribed class of persons;

"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 the majority of the person's financial support from the insured because of the person's mental or physical disability;

(c) a person in a prescribed class of persons;

"dependent parent" means a parent, including a 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 the majority of whose financial support is from the insured;

  Section 1 (1) definitions "borrower" and "commercially borrowed motor vehicle" were added by 2023-35-57(a), effective January 6, 2025 (BC Reg 115/2024).

  Section 1 (1) definition of "leased motor vehicle" BEFORE repealed by 2023-35-57(b), effective January 6, 2025 (BC Reg 115/2024).

"leased motor vehicle" means a motor vehicle leased or rented to a lessee under an agreement in writing and in the ordinary course of the owner's or lessor's business;

  Section 1 (1) definitions of "leased vehicle" and "lender" were added by 2023-35-57(c), effective January 6, 2025 (BC Reg 115/2024).

  Section 1 (1) definition of "lessee" BEFORE amended by 2023-35-57(d), effective January 6, 2025 (BC Reg 115/2024).

"lessee" has the same meaning as in section 86 (3) of the Motor Vehicle Act;

  Section 1 (1) definition of "lessor" BEFORE repealed by 2023-35-57(e), effective January 6, 2025 (BC Reg 115/2024).

"lessor" has the same meaning as in section 86 (3) of the Motor Vehicle Act;

  Section 1 (1) definition of "owner" BEFORE amended by 2023-35-57(f), effective January 6, 2025 (BC Reg 115/2024).

"owner" means the person in whose name a vehicle is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act;

  Section 1 (1) definition of "owner's certificate" BEFORE amended by 2023-35-57(g), effective January 6, 2025 (BC Reg 115/2024).

"owner's certificate" means a class of certificate issued under the plan to an owner;

  Section 1.01 was enacted by 2020-10-6, effective May 1, 2021 (BC Reg 4/2021).

  Section 1.02 was enacted by 2020-10-6, effective May 1, 2021 (BC Reg 4/2021).

  Section 1.03 was enacted by 2020-10-6, effective May 1, 2021 (BC Reg 4/2021).

  Part 1 heading BEFORE amended by 2003-94-3, effective June 1, 2007 (BC Reg 166/2006).

Part 1

  Sections 1.1 and 1.2 were added by 2003-94-4 (as amended by 2006-28-18), effective June 1, 2007 (BC Reg 166/2006).

  Section 1.1 definition of "point penalties" BEFORE amended by 2007-14-134, effective December 1, 2007 (BC Reg 354/2007).

"point penalties" means point penalties that may be recorded against the driving record of a driver under the Motor Vehicle Act and regulations, or under this Part and the regulations under this Part.

  Section 1.1 definitions of "accident" and "personal information" were added by 2018-19-2(a), effective May 17, 2018 (Royal Assent).

  Section 1.1 definitions of "additional premium", "basic premium", "driver's certificate" and "point penalties" BEFORE repealed by 2018-19-2(b), effective May 17, 2018 (Royal Assent).

"additional premium" means an additional premium charged against an insured under section 35;

"basic premium" means that portion of the premium that is based on criteria or classifications established under section 34, but does not include an additional premium;

"driver's certificate" means a certificate issued under this Part or the regulations under this Part to a person who, under the Motor Vehicle Act, may obtain a driver's licence, and the certificate may be part of the driver's licence or a separate document;

"point penalties" means point penalties that may be recorded against the driving record of a driver under the Motor Vehicle Act or under this Part and the regulations under this Part.

  Section 1.1 definitions of "benefits" and "highway" BEFORE repealed by 2020-10-7, effective May 1, 2021 (BC Reg 4/2021).

"benefits" means the prescribed benefits;

"highway" means a highway as defined in the Motor Vehicle Act;

  Section 1.2 BEFORE renumbered as 1.2 (1) and BEFORE (2) was added by 2020-10-8, effective May 1, 2021 (BC Reg 4/2021).

  Section 2 BEFORE re-enacted by 2003-94-5, effective June 1, 2007 (BC Reg 166/2006).

  Section 2 BEFORE amended by 2007-14-136, effective December 1, 2007 (BC Reg 354/2007).

  Sections 3, 4, and 5 BEFORE repealed by 2003-94-6, effective June 1, 2007 (BC Reg 166/2006).

  Section 6 BEFORE amended by 2003-35-11, effective August 12, 2003 (BC Reg 320/2003).

  Section 6 BEFORE repealed by 2003-94-6, effective June 1, 2007 (BC Reg 166/2006).

  Section 7 (2) (b) BEFORE amended by 2003-70-195, effective March 29, 2004 (BC Reg 64/2004).

(b) if a corporation, is incorporated or registered under the Company Act, and

  Section 7 BEFORE amended by 2003-94-7 (as amended by 2006-28-19), effective June 1, 2007 (BC Reg 166/2006).

  Section 7 (1) (b) BEFORE amended by 2023-10-366, effective March 30, 2023 (Royal Assent).

(b) whether named in a certificate or not, to whom or on whose behalf insurance money is payable, if bodily injury to, or the death of another or others, or damage to property, for which he or she is legally liable, results, or

  Section 8 BEFORE repealed by 2003-94-8, effective June 1, 2007 (BC Reg 166/2006).

  Section 9 (2) and (3) BEFORE repealed by 2003-94-9, effective June 1, 2007 (BC Reg 166/2006).

(2)  Subject to subsection (3), and except as otherwise provided in this Act, the Insurance Act and the Financial Institutions Act do not apply to

(a) automobile insurance issued by the corporation, or

(b) the corporation in respect of automobile insurance.

(3)  The Lieutenant Governor in Council may, by order, direct that any provision of the Insurance Act or of the Financial Institutions Act applies to

(a) automobile insurance issued by the corporation, or

(b) the corporation in respect of automobile insurance.

  Section 9 (1) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  The Lieutenant Governor in Council may, by regulation, provide that provisions of the Insurance Corporation Act or regulations do not apply to the plan established under this Act and the regulations.

  Section 11 (1) BEFORE amended by 2004-39-74(b), effective June 28, 2004 (BC Reg 265/2004).

(1)  Certificates and applications for insurance forms prescribed by the corporation may be incorporated in the appropriate application forms, certificates of registration, registration cards, licences, permits or windshield stickers prescribed for use or used under the Motor Vehicle Act, Commercial Transport Act or Motor Carrier Act.

  Section 11 BEFORE amended by 2003-94-10 (as amended by 2006-28-20), effective June 1, 2007 (BC Reg 166/2006).

  Section 11 (3) (part) BEFORE amended by 2007-24-11, effective November 8, 2007 (BC Reg 341/2007).

(3)  The corporation may require every driver or owner of a vehicle that

  Section 11 (2) BEFORE amended by 2018-19-3(a), effective May 17, 2018 (Royal Assent).

(2) The corporation may require an applicant for insurance or an insured under the plan to provide information, statements and reports, relating to or affecting the operation of the plan, that

(a) include the content required by the corporation, and

(b) are in a form established by the corporation.

  Section 11 (2.1) was added by 2018-19-3(b), effective May 17, 2018 (Royal Assent).

  Section 11 (2.1) BEFORE amended by 2023-35-58(a), effective January 6, 2025 (BC Reg 115/2024).

(2.1) For the purposes of administering the plan, the corporation may require an applicant or an insured under the plan to provide information, including personal information, about himself or herself or about any person named, in an application for a certificate, as a driver of the vehicle specified in the certificate.

  Section 11 (3) BEFORE amended by 2023-35-58(b), effective January 6, 2025 (BC Reg 115/2024).

(3) The corporation may require every driver or owner, or, in the case of a leased motor vehicle, the lessee, of a vehicle that

(a) is required to be registered and licensed in British Columbia, and

(b) is involved in an incident out of which arises injury or death to a person or damage to property,

to provide to the corporation information required by the corporation relating to the incident, in a form established by the corporation.

  Section 12 BEFORE repealed by 2003-94-11, effective June 1, 2007 (BC Reg 166/2006).

  Section 13 BEFORE repealed by 2003-94-11, effective June 1, 2007 (BC Reg 166/2006).

  Section 14.1 was enacted by 2020-10-9, effective August 14, 2020 (Royal Assent).

  Section 14.1 BEFORE re-enacted by 2021-23-2, effective October 28, 2021 (Royal Assent).

  Section 14.2 was enacted by 2021-23-2, effective October 28, 2021 (Royal Assent).

  Section 14.3 was enacted by 2021-23-2, effective October 28, 2021 (Royal Assent).

  Section 14 BEFORE repealed by 2003-94-11, effective June 1, 2007 (BC Reg 166/2006).

  Section 15 BEFORE repealed by 2003-94-11, effective June 1, 2007 (BC Reg 166/2006).

  Section 17 BEFORE amended by 2003-94-11.1 (as amended by 2006-28-21), effective June 1, 2007 (BC Reg 166/2006).

  Section 18 BEFORE amended by 2003-94-12 (as amended by 2006-28-21), effective June 1, 2007 (BC Reg 166/2006).

  Section 18 (1) BEFORE amended by 2003-94-11.1 (as amended by 2006-28-22), effective June 1, 2007 (BC Reg 166/2006).

(1)  For the purpose of availing to persons insured under a plan or part of a plan financial responsibility of the kind and form required under the laws of another province, state or territory, the corporation may execute and file with the public authorities in that place, as required,

(a) a power of attorney authorizing acceptance of service of notice or process for itself or its insured in an action or proceeding arising out of the motor vehicle accident in the province, state or territory,

(b) an undertaking to appear in the action or proceeding, or

(c) an agreement to submit to the jurisdiction of the court in the province, state or territory and not to set up a defence in the action or proceeding that would not be available to an insurer under a motor vehicle liability policy issued there,

and the corporation may do all acts necessary and incidental to the execution and filing of the documents referred to in paragraphs (a) to (c).

  Section 18 (1), (2) and (4) BEFORE amended by 2018-19-4, effective May 17, 2018 (Royal Assent).

(1) For the purpose of availing to persons insured under the plan or part of the plan financial responsibility of the kind and form required under the laws of another province, state or territory, the corporation may execute and file with the public authorities in that place, as required,

(a) a power of attorney authorizing acceptance of service of notice or process for itself or its insured in an action or proceeding arising out of the vehicle accident in the province, state or territory,

(b) an undertaking to appear in the action or proceeding, or

(c) an agreement to submit to the jurisdiction of the court in the province, state or territory and not to set up a defence in the action or proceeding that would not be available to an insurer under third party liability insurance coverage issued there,

and the corporation may do all acts necessary and incidental to the execution and filing of the documents referred to in paragraphs (a) to (c).

(2) If the corporation receives notice of process in an action or proceeding arising out of a vehicle accident that occurred outside British Columbia for which the insured may be liable, and it has, within 5 days of receiving the notice, either personally delivered to the insured or forwarded to the insured by registered mail to the last known address of the insured a copy of the notice, the insured is liable to reimburse the corporation on demand the amount the corporation has paid by reason of this section that it would not otherwise be liable to pay, and the corporation may enforce the right by action in court.

(4) In an action in another province of Canada against the corporation, or against a person insured with third party liability insurance coverage, arising out of a vehicle accident in that province, the corporation must appear and must not, as to third party liability insurance coverage, set up a defence to a claim under an owner's certificate, including a defence as to the limit or limits of liability, that might not be set up if the claim were under vehicle insurance that provides third party liability insurance coverage issued in that province.

  Section 19 BEFORE amended by 2003-94-13, effective June 1, 2007 (BC Reg 166/2006).

  Section 19.1 and 19.2 BEFORE repealed by 2003-94-14, effective June 1, 2007 (BC Reg 166/2006).

  Section 20 definition of "uninsured motorist" BEFORE amended by 2003-94-15 (as amended by 2006-28-23), effective June 1, 2007 (BC Reg 166/2006).

"uninsured motorist" means a person who uses or operates a motor vehicle on a highway in British Columbia when he or she is not insured under

(a) a certificate, or

(b) a motor vehicle liability policy as defined in the Insurance Act,

that provides indemnity in a prescribed amount, not less than $100 000, against liability imposed by law arising from bodily injury to or the death of a person, or loss of or damage to property, caused by or arising out of the use or operation of a motor vehicle and includes the owner of a motor vehicle that is used or operated on a highway in British Columbia when the owner is not so insured;

  Section 20 (1) definition "owner" was added by 2007-24-12, effective November 8, 2007 (BC Reg 341/2007).

  Section 20 (6) BEFORE amended by 2010-6-57, effective July 1, 2010.

(6)  If an uninsured motorist does not enter an appearance to an action brought by a claimant or, having entered an appearance,

(a) fails to file a statement of defence or to appear in person or by counsel at the trial or assessment of damages,

(b) consents to the entry of judgment against him or her, or

(c) does or fails to do anything that entitles the claimant to take default proceedings,

the corporation must not make a payment to the claimant under this section unless notice of the failure, consent or act of default has been given to the corporation in time to enable the corporation to rectify it and the corporation fails to intervene in the action within 30 days of receiving notice of the failure, consent or act of default.

  Section 20 (13) to (15) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(13) The corporation may agree to accept payment in installments from a person indebted to it under this section.

(14) If installments to be paid by a person under an agreement referred to in subsection (13) are in arrears, the corporation may

(a) suspend the licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person, or

(b) refuse to issue to the person a driver's licence or a licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person.

(15) A person who is indebted to the corporation under this section may, on notice to the corporation, apply to the Supreme Court for an order that he or she be permitted to pay the indebtedness in installments in amounts and at times determined by the court, and on an order being made, subsections (13) and (14) apply to

(a) the corporation refusing to issue the person's driver's licence or a motor vehicle licence, a permit or corresponding number plates for a motor vehicle or trailer owned by the person, and

(b) the suspension of the person's motor vehicle licence, permit or corresponding number plates for a motor vehicle or trailer owned by the person.

  Section 20 (1) definition of "court" was added by 2018-17-40, effective April 1, 2019 (BC Reg 233/2018).

  Section 20 (0.1) was added by 2020-10-10(a), effective May 1, 2021 (BC Reg 4/2021).

  Section 20 (1) definitions of "claimant" and "uninsured motorist" BEFORE amended by 2020-10-10(b), effective May 1, 2021 (BC Reg 4/2021).

"claimant" means a person who alleges that he or she has a right of action against an uninsured motorist for damages arising from bodily injury to or the death of a person, or loss of or damage to property, caused by or arising out of the use or operation of a motor vehicle, but does not include a person who is entitled to bring an action against the corporation under section 24;

"uninsured motorist" means a person who uses or operates a motor vehicle on a highway in British Columbia when he or she is not insured under third party liability insurance coverage that provides indemnity in a prescribed amount, not less than $100 000, against liability imposed by law arising from bodily injury to or the death of a person, or loss of or damage to property, caused by or arising out of the use or operation of a motor vehicle, and includes the owner of a motor vehicle that is used or operated on a highway in British Columbia when the owner is not so insured.

  Section 20 (2), (3), (7), (15), (16) and (18) BEFORE amended by 2020-10-10(c), (d), (f), (h) and (i), effective May 1, 2021 (BC Reg 4/2021).

(2) A claimant may apply to the corporation, in the prescribed form, for payment of the damages to which he or she claims to be entitled.

(3) The corporation must, on receiving an application under subsection (2), send by registered mail a notice of the application, in the prescribed form, to the uninsured motorist and, if he or she is not the same person, to the owner of the uninsured motor vehicle, at the last addresses for them according to the records of the corporation.

(7) If the corporation receives notice under subsection (6), it may intervene in the action and, on behalf of and in the name of the uninsured motorist, whether or not he or she is an infant, take any steps that he or she might have taken in the action, and anything done by the corporation is deemed to be done by the uninsured motorist, but the failure of the uninsured motorist to comply with an order of the court or rule of court does not prejudice the corporation in a proceeding it may take in the action.

(15) A person who is indebted to the corporation under this section may, on notice to the corporation, apply to the Supreme Court for an order that he or she be permitted to pay the indebtedness in instalments in amounts and at times determined by the court, and on an order being made, subsections (13) and (14) apply to

(a) the corporation refusing to issue the person's driver's licence or a motor vehicle licence, a permit or corresponding number plates for a motor vehicle or trailer owned by the person, and

(b) the suspension of the person's motor vehicle licence, permit or corresponding number plates for a motor vehicle or trailer owned by the person.

(16) The corporation, on application by a person who would otherwise be a claimant but whose right of action has been extinguished because he or she has, without the consent of the corporation, entered into a settlement with the uninsured motorist or the owner of the uninsured motor vehicle or both, may pay to the person that part, if any, of the amount owing and unpaid under the settlement that the corporation considers appropriate in the circumstances.

(18) The corporation must not pay a claimant who ordinarily resides outside British Columbia an amount in excess of the amount that a resident of British Columbia would recover under the same circumstances from a similar fund in the jurisdiction in which the claimant ordinarily resides.

  Section 20 (6) (b) BEFORE amended by 2020-10-10(e), effective May 1, 2021 (BC Reg 4/2021).

(b) consents to the entry of judgment against him or her, or

  Section 20 (12) (b) BEFORE amended by 2020-10-10(g), effective May 1, 2021 (BC Reg 4/2021).

(b) the owner of the uninsured motor vehicle, if he or she is also liable for the damages caused, or

  Section 20 (1) definition of "owner" BEFORE amended by 2023-35-59, effective January 6, 2025 (BC Reg 115/2024).

"owner", in relation to a motor vehicle, includes a lessee;

  Section 21 BEFORE repealed by 2003-94-16, effective June 1, 2007 (BC Reg 166/2006).

  Section 22 (1) BEFORE amended by 2003-94-17, effective June 1, 2007 (BC Reg 166/2006).

(1)  Every person commencing an action for damages caused by a motor vehicle or trailer in British Columbia must

(a) serve the corporation with a copy of the originating process in the action in the manner provided for serving a defendant in the action, and

(b) file proof of the service in the court in which the action is pending.

  Section 22 (1) (a) BEFORE amended by 2010-6-58, effective July 1, 2010.

(a) serve the corporation with a copy of the originating process in the action in the manner provided for serving a defendant in the action, and

  Section 22 (1) (part) BEFORE amended by 2018-19-5, effective May 17, 2018 (Royal Assent).

(1) Every person commencing an action for damages caused by a vehicle in British Columbia must

  Section 23 BEFORE repealed by 2003-94-18, effective June 1, 2007 (BC Reg 166/2006).

  Section 24 BEFORE amended by 2003-94-19 (as amended by 2006-28-24), effective June 1, 2007 (BC Reg 166/2006).

  Section 24 (13) was added by 2007-24-13, effective November 8, 2007 (BC Reg 341/2007).

  Section 24 (8) BEFORE amended by 2007-14-137, effective December 1, 2007 (BC Reg 354/2007).

(8)  On judgment against the corporation as nominal defendant under this section and expiration of the time limited for appeal, or on the compromise and settlement of a claim under this section, the corporation must pay toward satisfaction of the judgment or claim an amount that the corporation is authorized to pay under this Act, the regulations and the terms, conditions and limits of the plan.

  Section 24 (11) BEFORE amended by 2018-19-6, effective May 17, 2018 (Royal Assent).

(11) On the making of an order under subsection (10) or on judgment of the trial of an issue directed under that subsection, the person certified, whether or not the driver of the vehicle is named in an unexpired driver's certificate and whether or not the vehicle is specified in an unexpired owner's certificate, is liable to pay the corporation as a debt due and owing all amounts paid by it pursuant to any judgment or settlement under this section, and section 20 (12), (13) and (15) applies.

  Section 24 (11.1) and (11.2) were added by 2018-19-6, effective May 17, 2018 (Royal Assent).

  Section 24 (13) BEFORE amended by 2018-17-41, effective April 1, 2019 (BC Reg 233/2018).

(13) In this section, "owner", in relation to a motor vehicle, includes a lessee.

  Section 24 (1), (2), (3), (9), (10) and (12) BEFORE amended by 2020-10-11, effective May 1, 2021 (BC Reg 4/2021).

(1) If bodily injury to or the death of a person or damage to property arises out of the use or operation of a vehicle on a highway in British Columbia and

(a) the names of both the owner and the driver of the vehicle are not ascertainable, or

(b) the name of the driver is not ascertainable and the owner is not liable to an action for damages for the injury, death or property damage,

any person who has a cause of action

(c) as mentioned in paragraph (a), against the owner or the driver, or

(d) as mentioned in paragraph (b), against the driver,

in respect of the bodily injury, death or property damage may bring an action against the corporation as nominal defendant, either alone or as a defendant with others alleged to be responsible for the injury, death or property damage, but in an action in which the names of both the owner and the driver of the vehicle are not known or ascertainable, recovery for property damage is limited to the amount by which the damages exceed the prescribed amount.

(2) Proceedings must not be brought against the corporation as nominal defendant under this section unless the person bringing them gives written notice to the corporation as soon as reasonably practicable and in any event within 6 months after the accident that caused the bodily injury, death or property damage.

(3) If, after an action referred to in subsection (1) has been commenced, it is alleged that the injury, death or property damage was caused or contributed to by another vehicle, but

(a) the names of both the owner and the driver of the vehicle are not ascertainable, or

(b) the name of the driver is not ascertainable and the owner is not liable to an action for damages for the injury, death or property damage,

the corporation may be added as a nominal defendant on the application of any party and must be added as a nominal defendant on its own application.

(9) If, under this section, a judgment has been obtained against the corporation as nominal defendant or the corporation has settled a claim, the corporation may apply

(a) to the court where the judgment has been obtained, or

(b) if a claim has been settled, to the court that would have had jurisdiction to entertain an action for the recovery of damages to the amount of the settlement

for an order certifying that a person was, at the time of the accident, the owner or driver of the vehicle that caused the bodily injury, death or property damage in respect of which the judgment was obtained or settlement made.

(10) If the court hearing an application under subsection (9) is satisfied on the evidence that the person named in the application was at the time of the accident the owner, driver or both of the vehicle involved in that accident, it may make the order applied for, unless it is satisfied that the person would not have been liable for damages if he or she had appeared and defended the action or, in the case of a claim settled before action, in an action that might have been brought to enforce the claim, or it may direct the trial of an issue.

(12) The amount paid by the corporation to a claimant who ordinarily resides outside British Columbia is limited to the lesser of

(a) the amount limited by this Act, and

(b) the amount that a resident of British Columbia could recover under the same circumstances from a similar fund in the jurisdiction in which the claimant ordinarily resides.

  Section 24 (1.1) was added by 2020-10-11(a), effective May 1, 2021 (BC Reg 4/2021).

  Section 24 (13) definition of "owner" BEFORE amended by 2023-35-60, effective January 6, 2025 (BC Reg 115/2024).

"owner", in relation to a motor vehicle, includes a lessee.

  Section 25 and 26 BEFORE repealed by 2003-94-20, effective June 1, 2007 (BC Reg 166/2006).

  Section 27 BEFORE amended by 2003-94-21, effective June 1, 2007 (BC Reg 166/2006).

  Section 28 BEFORE amended by 2003-94-22, effective June 1, 2007 (BC Reg 166/2006).

  Section 28 (b) BEFORE amended by 2003-57-49(a), effective March 1, 2009 (BC Reg 420/2008).

(b) a chiropractor as defined in the Chiropractors Act;

  Section 28 (c) BEFORE amended by 2003-57-49(b), effective April 3, 2009 (BC Reg 421/2008) [as amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006)].

(c) a person authorized to practise dentistry under the Dentists Act;

  Section 28 (a.1) was added by 2011-24-7(a), effective August 1, 2012 (BC Reg 121/2012).

  Section 28 (d) BEFORE amended by 2011-24-7(b), effective August 1, 2012 (BC Reg 121/2012).

(d) a person entitled to practise physiotherapy under the Health Professions Act;

  Section 28 BEFORE renumbered and amended by 2018-19-7(a) and (b), effective May 17, 2018 (Royal Assent).

  Section 28 (2) was added by 2018-19-7(c), effective May 17, 2018 (Royal Assent).

  Section 28 (1) (part) BEFORE amended by 2023-10-367, effective March 30, 2023 (Royal Assent).

(1) If any of the following persons attends to, diagnoses, treats or is consulted by a person injured in an accident occurring in British Columbia before April 1, 2019, he or she must, whenever the corporation requests, provide the corporation, as soon as reasonably practicable, with a report of the injuries and their diagnosis and treatment and a prognosis, in any form or manner established by the corporation:

  Section 28.1 was enacted by 2018-19-8, effective May 17, 2018 (Royal Assent).

  Section 29 BEFORE amended by 2003-94-23 (as amended by 2006-28-25), effective June 1, 2007 (BC Reg 166/2006).

  Section 29 BEFORE re-enacted by 2020-10-12, effective May 1, 2021 (BC Reg 4/2021).

  Section 30 BEFORE amended by 2004-39-74(c), effective June 28, 2004 (BC Reg 265/2004).

  Section 30 BEFORE amended by 2003-94-24, effective June 1, 2007 (BC Reg 166/2006).

  Section 30 BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

  Section 30.1 (1) in the definition of "motor vehicle indebtedness" paragraph (f) BEFORE repealed by 2003-37-25, effective May 29, 2003 (Royal Assent).

(f) money owing to the corporation under regulations made under section 45 (2) (y), and

  Section 30.1 (1) in the definition of "convicted" paragraphs (a) and (b) BEFORE amended by 2003-85-62, effective April 1, 2004 (BC Reg 139/2004).

(a) convicted under the Young Offenders Act (Canada) for contravening section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, and

(b) convicted or subject to 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 similar to

  Section 30.1 (1) (g) (vi) BEFORE amended by 2004-39-74(d), effective June 28, 2004 (BC Reg 265/2004).

(vi)  the Motor Carrier Act,

  Section 30.1 (g) (v) in the definition of "motor vehicle indebtedness" BEFORE amended by 2004-44-117, effective December 31, 2004 (BC Reg 547/2004).

(v)  the Highway Act,

  Section 30.1 BEFORE repealed by 2003-94-25 (as amended by 2006-28-26), effective June 1, 2007 (BC Reg 166/2006).

  Section 31 (2) BEFORE amended by 2003-94-26, effective June 1, 2007 (BC Reg 166/2006).

(2)  The corporation may deduct from the payment of benefits or insurance money the amount of any premium.

  Section 31 (1) BEFORE amended by 2020-10-13, effective August 14, 2020 (Royal Assent).

(1) If the corporation has paid out money in excess of the amount authorized by the regulations, it may recover that excess by action as a debt due to the corporation.

  Section 32 BEFORE repealed by 2003-94-27, effective June 1, 2007 (BC Reg 166/2006).

  Section 33 (1) BEFORE amended by 2018-19-9, effective May 17, 2018 (Royal Assent).

(1) At the time of or before applying for

(a) any class or kind of licence or permit for a motor vehicle or trailer or their use or operation under the Motor Vehicle Act or Commercial Transport Act, or

(b) registration of a notice of transfer under section 17 of the Motor Vehicle Act,

the applicant must apply for the corresponding owner's certificate or driver's certificate, and, at the same time, must pay to the person receiving the application the basic premium for that class of certificate and any additional premium that, having been assessed against the applicant, is due and owing.

  Section 34 BEFORE amended by 2003-35-12, effective August 12, 2003 (BC Reg 320/2003).

  Section 34 BEFORE amended by 2003-94-29 (as amended by 2006-28-27), effective June 1, 2007 (BC Reg 166/2006).

  Section 34 BEFORE re-enacted by 2018-19-10, effective May 17, 2018 (Royal Assent).

  Section 35 BEFORE amended by 2003-35-13(a), effective August 12, 2003 (BC Reg 320/2003).

  Section 35 (c) BEFORE amended by 2003-35-13(b), effective August 12, 2003 (BC Reg 320/2003).

(c) the type or class of vehicle to be operated, the use to which it will be put or any other basis prescribed in the regulations.

  Section 35 BEFORE repealed by 2018-19-10, effective May 17, 2018 (Royal Assent).

  Section 35.1 was enacted by 2018-53-58, effective September 16, 2019 (BC Reg 160/2019).

  Section 35.2 was enacted by 2018-53-58, effective September 16, 2019 (BC Reg 160/2019).

  Section 36 (1) BEFORE amended by 2003-35-14, effective August 12, 2003 (BC Reg 320/2003).

(1)  On payment of the basic premium and any additional premium assessed under section 35, and approval of the application by the corporation, the corporation must issue to the applicant the appropriate owner's certificate or driver's certificate.

  Section 38 (3), (5) and (6) BEFORE amended by 2003-94-29 (as amended by 2006-28-28), effective June 1, 2007 (BC Reg 166/2006).

(3)  The corporation must provide for the issue and delivery of all motor vehicle liability insurance cards required under the Motor Vehicle Act by persons insured under owners' certificates but there may be printed on an owner's certificate under the heading "Motor Vehicle Liability Insurance Card" particulars in a form to meet generally the standards adhered to by the Superintendent of Financial Institutions for motor vehicle liability insurance cards issued under the Insurance Act, and the particulars so printed constitute a motor vehicle liability insurance card under and for the purpose of the Motor Vehicle Act.

(5)  A motor vehicle liability insurance card must not be issued unless the insurance evidenced in it meets the minimum requirements of this Act and regulations for a motor vehicle liability policy under the plan of universal compulsory automobile insurance.

(6)  Nothing in this section prevents the corporation from requiring owners of a class of motor vehicles or trailers to maintain proof of financial responsibility for those motor vehicles or trailers in excess of the limits prescribed by the plan of universal compulsory automobile insurance, and if the motor vehicle or trailer is licensed in British Columbia, that excess insurance must be obtained from the corporation in the form required by the corporation.

  Section 36 (1), (2), (3) and (4) BEFORE amended by 2018-19-11, effective May 17, 2018 (Royal Assent).

(1) On payment of the basic premium and any additional premium established under section 35, and approval of the application by the corporation, the corporation must issue to the applicant the appropriate owner's certificate or driver's certificate.

(2) An owner's certificate, driver's certificate and the applications for them must be in a form required by the corporation, and must be designed and constituted

(a) to meet the interest of convenience and economy, and

(b) to adequately identify the permit or licence under the Motor Vehicle Act or Commercial Transport Act, or a motor vehicle or trailer or driver's licence, permit or other authority to drive a motor vehicle under the Motor Vehicle Act to which the owner's certificate or the driver's certificate corresponds.

(3) The corporation must provide for the issue and delivery of all motor vehicle liability insurance cards required under the Motor Vehicle Act by persons insured under owners' certificates but there may be printed on an owner's certificate under the heading "Motor Vehicle Liability Insurance Card" particulars established by the corporation for motor vehicle liability insurance cards that are required under the Motor Vehicle Act, and the particulars so printed constitute a motor vehicle liability insurance card under and for the purpose of the Motor Vehicle Act.

(4) A document purporting to be a certificate of insurance under this Act and a motor vehicle liability insurance card, or either of them, either alone or in combination with any permit or licence for a motor vehicle or trailer or their use or operation, or any driver's licence, permit or other authority to drive a motor vehicle that bears a signature purporting to be the signature of the general manager of the corporation, unless the contrary is shown, is deemed to be an owner's certificate, a driver's certificate or a motor vehicle liability insurance card issued under this Act to the person named in it.

  Section 36 (1) BEFORE amended by 2020-10-14, effective August 14, 2020 (Royal Assent).

(1) Subject to the regulations, on payment of the premium assessed for a certificate, and on approval of the application by the corporation, the corporation must issue the certificate to the applicant.

  Section 36 (4) BEFORE amended by 2023-49-21, effective November 30, 2023 (Royal Assent).

(4) A document purporting to be a certificate under this Act and a motor vehicle liability insurance card, or either of them, either alone or in combination with any permit or licence for a motor vehicle or trailer or their use or operation, or any driver's licence, permit or other authority to drive a motor vehicle that bears a signature purporting to be the signature of the general manager of the corporation, unless the contrary is shown, is deemed to be a certificate or a motor vehicle liability insurance card, as applicable, issued under this Act to the person named in it.

  Section 38 (1) (a) and (b) BEFORE amended by 2003-35-15, effective August 12, 2003 (BC Reg 320/2003).

(a) the premium prescribed for that owner's certificate,

(b) any additional premium assessed by the corporation, and

  Section 38 (2) (b) BEFORE amended by 2003-35-15, effective August 12, 2003 (BC Reg 320/2003).

(b) the applicant has paid the premium prescribed for that driver's certificate and any additional premium assessed by the corporation.

  Section 38 BEFORE amended by 2003-94-30 (as amended by 2006-28-29), effective June 1, 2007 (BC Reg 166/2006).

  Section 38 (1) BEFORE amended by 2018-19-12, effective May 17, 2018 (Royal Assent).

(1) Except for a vehicle exempted by the regulations, a permit of any kind and a licence, licence plate or decal for a vehicle or for its use or operation must not be granted, issued or renewed under the Motor Vehicle Act or the Commercial Transport Act, unless at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to an owner's certificate under this Act in respect of the vehicle for the term of the permit or licence, or part of that term as may be prescribed, and the applicant has paid the premium for the owner's certificate.

  Section 38 (1) BEFORE amended by 2020-10-15(a), effective August 14, 2020 (Royal Assent).

(1) Except for a vehicle exempted by the regulations, a permit of any kind and a licence, number plate or decal for a vehicle or for its use or operation must not be granted, issued or renewed under the Motor Vehicle Act or the Commercial Transport Act, unless at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a certificate other than a driver's certificate under this Act in respect of the vehicle for the term of the permit or licence, or part of that term as may be prescribed, and the applicant has paid the premium for the certificate.

  Section 38 (2) (b) BEFORE amended by 2020-10-15(b), effective August 14, 2020 (Royal Assent).

(b) the applicant has paid the premium established for that driver's certificate.

  Section 39 (1) BEFORE amended by 2003-94-31, effective June 1, 2007 (BC Reg 166/2006).

(1)  The suspension, revocation, cancellation or surrender, under any law, of a permit or licence for a motor vehicle or trailer or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act automatically suspends, revokes or cancels, as the case may be, the owner's certificate in which the motor vehicle or trailer is designated and that corresponds to that permit or licence.

  Section 39 (1) BEFORE amended by 2018-19-13, effective May 17, 2018 (Royal Assent).

(1) The suspension, revocation, cancellation or surrender, under any law, of a licence for a vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act automatically suspends, revokes or cancels, as the case may be, the owner's certificate in which the vehicle is specified and that corresponds to that permit or licence.

  Section 40 (4) BEFORE amended by 2003-35-16, effective August 12, 2003 (BC Reg 320/2003).

(4)  On application for renewal or replacement of a certificate, the applicant must pay the corporation or its agent the premium prescribed for the class or subclass of certificate applied for, and any additional premium assessed by the corporation.

  Section 40 (1), (5) and (6) BEFORE amended by 2003-94-32 (as amended by 2006-28-30), effective June 1, 2007 (BC Reg 166/2006).

(1)  Subject to its earlier suspension, revocation, cancellation or surrender, an owner's certificate is valid for the period beginning

(a) at the time and on the date of validation specified in the certificate, or

(b) at the beginning of the day on the effective date specified in the certificate,

whichever is later, and expiring at the end of the day on the date of expiry of the licence for the motor vehicle or trailer described in the certificate or at the end of the day on the date specified in the certificate.

(5)  If an owner's certificate in respect of a motor vehicle or trailer is not, before its expiration, renewed or replaced by another owner's certificate for the same motor vehicle or trailer, a permit or licence for that motor vehicle or trailer or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act that corresponds to the owner's certificate, on the expiry of the owner's certificate and without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of premium for and issue of the appropriate owner's certificate.

(6)  If a driver's certificate is not, before its expiration, renewed or replaced by another driver's certificate for the same person, the driver's licence, permit or other authority to drive under the Motor Vehicle Act of the driver and that corresponds to the certificate, by virtue of and from the time of the default, without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of premium for and issue of the appropriate driver's certificate.

  Section 40 (1), (4) and (5) BEFORE amended by 2018-19-14, effective May 17, 2018 (Royal Assent).

(1) Subject to its earlier suspension, revocation, cancellation or surrender, an owner's certificate is valid for the period beginning

(a) at the time and on the date of validation specified in the certificate, or

(b) at the beginning of the day on the effective date specified in the certificate,

whichever is later, and expiring at the end of the day on the date of expiry of the licence for the vehicle described in the certificate or at the end of the day on the date specified in the certificate.

(4) On application for renewal or replacement of a certificate, the applicant must pay the corporation or its agent the premium established for the class or subclass of certificate applied for, and any additional premium established by the corporation.

(5) If an owner's certificate in respect of a vehicle is not, before its expiration, renewed or replaced by another owner's certificate for the same vehicle, a permit or licence for that vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act that corresponds to the owner's certificate, on the expiry of the owner's certificate and without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate owner's certificate.

  Section 41 (2) BEFORE amended by 2004-39-74(e), effective June 28, 2004 (BC Reg 265/2004).

(2)  The corporation may notify the Motor Carrier Commission of

  Section 41 (1) BEFORE amended by 2003-94-33, effective June 1, 2007 (BC Reg 166/2006).

(1)  The superintendent must notify the corporation of every suspension or cancellation of a licence or a permit to drive that the superintendent imposes under the Motor Vehicle Act.

  Section 41 (2) (a) BEFORE amended by 2018-19-15, effective May 17, 2018 (Royal Assent).

(a) the default of a person in paying a premium or an additional premium due to the corporation for a certificate of insurance, or

  Section 42 BEFORE amended by 2018-19-16, effective May 17, 2018 (Royal Assent).

  Section 42 BEFORE amended by 2018-53-59, effective September 16, 2019 (BC Reg 160/2019).

  Section 42.1 (2) (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) provides or causes another to provide to the corporation or its representatives information material to a claim that the person knew or ought to have known is false or misleading, whether the information is required under this Act or the regulations or is volunteered, or

  Section 43 BEFORE amended by 2003-94-34, effective June 1, 2007 (BC Reg 166/2006).

  Section 43 BEFORE repealed by 2020-10-16, effective May 1, 2021 (BC Reg 4/2021).

  Section 44 (2) BEFORE amended by 2003-94-35, effective June 1, 2007 (BC Reg 166/2006).

(2)  The provisions of this Act and the regulations respecting the requirement for automobile insurance do not apply to an owner or operator of an extraprovincial undertaking who gives proof of financial responsibility under section 106 (2) (b) of the Motor Vehicle Act.

  Section 44 BEFORE repealed by 2020-10-16, effective May 1, 2021 (BC Reg 4/2021).

  Section 44.1 BEFORE repealed by 2003-94-36, effective June 1, 2007 (BC Reg 166/2006).

  Section 45 (2) (y) BEFORE repealed by 2003-37-26, effective May 29, 2003 (Royal Assent).

(y) requiring an insured to pay to the corporation a prescribed portion of any amount paid by the corporation to indemnify the insured against liability imposed on the insured for loss of or damage to property that arises out of the use or operation of a motor vehicle or trailer.

  Section 45 (2) (c), (i) and (p) BEFORE repealed by 2003-35-17, effective August 12, 2003 (BC Reg 320/2003).

(c) establishing classes and subclasses of drivers, by regions of British Columbia, or otherwise, establishing those regions, establishing classes of motor vehicles and trailers and prescribing the premiums payable by drivers and owners of motor vehicles according to the regions, or otherwise, and according to the classes;

(i) adopting a system of classifying drivers provided for under another Act, or adopting or establishing a point penalty system classifying drivers according to the number, nature and kind of violations or offences committed by them in contravention of the Motor Vehicle Act, a municipal bylaw relating to the regulation of vehicular traffic, the Criminal Code or any similar law in another province, state or country relating to the operation of a motor vehicle, and, according to the system of classifying drivers or the point penalty system, assessing and levying basic or additional premiums under any plan against drivers at the times and under the terms and conditions considered appropriate;

(p) providing for payment of premiums on terms and conditions as to interest or otherwise the corporation may prescribe;

  Section 45 BEFORE amended by 2003-94-37 (as amended by 2006-28-31), effective June 1, 2007 (BC Reg 166/2006).

  Section 45 (2) (j), (k), (l) and (m) BEFORE amended by 2007-24-14, effective November 8, 2007 (BC Reg 341/2007).

(j) establishing a plan for payment by the corporation to any person sustaining loss from bodily injury or death, or damage to property, arising out of the use or operation of a motor vehicle where

(i)  the name of the owner or driver is not ascertainable, or

(ii)  the name of the driver is not ascertainable and the owner is not liable;

the terms, conditions and limits of liability of the corporation under the plan and the duties and liabilities of the owners and drivers of motor vehicles respecting reimbursement of the corporation for the payments;

(k) establishing and determining, with respect to the plan, the right of a person who would have a cause of action in British Columbia against the owner or driver of an uninsured motor vehicle to apply to the corporation for payment of damages and the terms and conditions and limits of liability of the corporation for payment of the claims for damages, and determining whether payment and the amount of payment are within the discretion of the corporation, and providing for the obtaining of consents to payment by those persons liable for the losses, damages, injuries or deaths, and the execution under seal or otherwise of agreements by those persons liable for the repayment to the corporation of amounts paid to claimants;

(l) providing that the corporation is an agent of the owner of every uninsured motor vehicle for service of notice of process in an action in British Columbia arising out of the use or operation in British Columbia of an uninsured motor vehicle and the manner of giving that notice to the corporation and the defendant;

(m) providing, with respect to the plan, for settlement and payment of a claim, judgment or unsatisfied portion of a judgment, for damages for injury to, or the death of, any person or loss of, or damage to, property caused in British Columbia by an uninsured motor vehicle owned or operated by a person in British Columbia, the terms and conditions governing payment and the maximum amount of money payable respecting any person, accident or occurrence;

  Section 45 BEFORE (2) (d), (n) and (o) were amended and BEFORE (2) (d.1), (d.2), (f.1) to (f.5), (q.2) and (2.1), (2.2) and (2.3) were added by 2018-19-17, effective May 17, 2018 (Royal Assent).

  Section 45 (2) (f.6) and (2.4) were added by 2018-53-60, effective September 16, 2019 (BC Reg 160/2019).

  Section 45 (2) (j) BEFORE amended by 2023-35-61(a) and (b), effective January 6, 2025 (BC Reg 115/2024).

(j) establishing a plan for payment by the corporation to any person sustaining loss from bodily injury or death, or damage to property, arising out of the use or operation of a motor vehicle where

(i) the name of the owner, lessee or driver is not ascertainable, or

(ii) the name of the driver is not ascertainable and neither the owner nor the lessee is liable;

the terms, conditions and limits of liability of the corporation under the plan and the duties and liabilities of the owners and drivers of motor vehicles respecting reimbursement of the corporation for the payments;

  Section 45 (2) (k) and (l) BEFORE amended by 2023-35-61(b), effective January 6, 2025 (BC Reg 115/2024).

(k) establishing and determining, with respect to the plan, the right of a person who would have a cause of action in British Columbia against the owner, lessee or driver of an uninsured motor vehicle to apply to the corporation for payment of damages and the terms and conditions and limits of liability of the corporation for payment of the claims for damages, and determining whether payment and the amount of payment are within the discretion of the corporation, and providing for the obtaining of consents to payment by those persons liable for the losses, damages, injuries or deaths, and the execution under seal or otherwise of agreements by those persons liable for the repayment to the corporation of amounts paid to claimants;

(l) providing that the corporation is an agent of the owner or lessee of every uninsured motor vehicle for service of notice of process in an action in British Columbia arising out of the use or operation in British Columbia of an uninsured motor vehicle and the manner of giving that notice to the corporation and the defendant;

  Section 45 (2) (m) BEFORE amended by 2023-35-61(c), effective January 6, 2025 (BC Reg 115/2024).

(m) providing, with respect to the plan, for settlement and payment of a claim, judgment or unsatisfied portion of a judgment, for damages for injury to, or the death of, any person or loss of, or damage to, property caused in British Columbia by an uninsured motor vehicle owned or operated by a person, or leased to a lessee, in British Columbia, the terms and conditions governing payment and the maximum amount of money payable respecting any person, accident or occurrence;

  Section 45.1 was enacted by 2018-19-18, effective May 17, 2018 (Royal Assent).

  Section 45.1 (1) (a) BEFORE amended by 2020-10-17(a), effective August 14, 2020 (Royal Assent).

(a) respecting the amount payable as benefits by the corporation for the provision of health care by a health care practitioner to an insured person, including, without limitation, regulations

(i) establishing rates, formulas, rules or principles, including using a consumer price index published by Statistics Canada under the Statistics Act (Canada), or

(ii) adopting a payment schedule under section 26 of the Medicare Protection Act;

  Section 45.1 (3) BEFORE amended by 2020-10-17(b), effective August 14, 2020 (Royal Assent).

(3) A regulation under subsection (1) (a) (ii) may adopt by reference, in whole or in part and with any change the Lieutenant Governor in Council considers necessary, a payment schedule under the Medicare Protection Act as it stands at the time of adoption or as amended from time to time.

  Section 45.1 (4) to (8) BEFORE repealed by 2020-10-17(c), effective August 14, 2020 (Royal Assent).

(4) At least once every 5 years, the minister must initiate a review of a regulation made under subsection (1) (a).

(5) A review under subsection (4) must be conducted in consultation with the corporation and any other person or organization the minister considers appropriate.

(6) A report on the results of the review

(a) must be submitted to the minister within one year after the review is initiated, and

(b) may include recommendations to amend a regulation reviewed.

(7) After receiving the report under subsection (6), the minister must,

(a) if the Legislative Assembly is in session, promptly lay the report before the Legislative Assembly, or

(b) if the Legislative Assembly is not in session, promptly file the report with the Clerk of the Legislative Assembly.

(8) For the purposes of subsection (4), the first 5-year period begins on April 1, 2019.

  Section 46 BEFORE repealed by 2003-94-38, effective June 1, 2007 (BC Reg 166/2006).

  Section 46.1 BEFORE repealed by 2003-37-26, effective May 29, 2003 (Royal Assent).

  Section 46.11 was enacted by 2020-10-18, effective August 14, 2020 (Royal Assent).

  Section 46.11 (1) (c) and (d) were added by 2020-10-19(a), effective May 1, 2021 (BC Reg 4/2021).

  Section 46.11 (6) was added by 2020-10-19(b), effective May 1, 2021 (BC Reg 4/2021).

  Section 46.2 was enacted by 2003-94-39 (as amended by 2006-28-32), effective June 1, 2007 (BC Reg 166/2006).

  Section 46.2 (3) BEFORE amended by 2018-19-19, effective May 17, 2018 (Royal Assent).

(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation Act, the commission has the jurisdiction to approve, to require replacement of or to override and replace any or all of the following, whether or not prescribed by the Lieutenant Governor in Council, at any time and for any purpose related to rates within the meaning of section 44 (3) (a) of the Insurance Corporation Act:

(a) classes and subclasses of vehicles and drivers of vehicles;

(b) basic premiums;

(c) interim premiums;

(d) discounts from premiums;

(e) additional premiums.

  Section 46.2 (3) (part) BEFORE amended by 2018-53-61, effective November 27, 2018 (Royal Assent).

(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation Act, the commission has the jurisdiction to do the following at any time and for any purpose related to rates within the meaning of section 44 (3) (a) of that Act:

  Section 46.2 (3) (part) BEFORE amended by 2019-40-15, effective November 28, 2019 (Royal Assent).

(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation Act but subject to directions issued to the commission under section 47 of that Act or section 3 of the Utilities Commissions Act, the commission has the jurisdiction to do the following at any time and for any purpose related to rates within the meaning of section 44 (3) (a) of that Act:

  Section 57 was enacted by 2003-35-18, effective August 12, 2003 (BC Reg 320/2003).

  Part 3 BEFORE repealed by 2003-94-40, effective June 1, 2007 (BC Reg 166/2006).

Part 3

  Part 4, section 57 was re-enacted and sections 56 to 73 were enacted by 2003-94-41 (as amended by 2006-28-33), effective June 1, 2007 (BC Reg 166/2006).

  Section 57.1 (1) definition of "owner's policy", paragraph (a) (i) BEFORE amended by 2023-10-368, effective March 30, 2023 (Royal Assent).

(i) owned by him or her, and

  Section 60 (part) BEFORE amended by 2007-24-15, effective November 8, 2007 (BC Reg 341/2007).

  Section 60 BEFORE amended by 2023-35-62, effective January 6, 2025 (BC Reg 115/2024).

  Section 61 (1.2) (a) BEFORE amended by 2007-24-16, effective November 8, 2007 (BC Reg 341/2007).

(a) prohibit a person who is living with and as a member of the family of the owner of the vehicle from using or operating the vehicle, or

  Section 61 (1) and (1.1) BEFORE amended by 2020-10-20, effective May 1, 2021 (BC Reg 4/2021).

(1) An optional insurance contract may only

(a) extend coverage that is specified in a certificate or a policy to a limit that is in excess of that provided by the certificate or policy for every insured, and, except as provided under subsection (1.1), on the same terms and conditions, or

(b) provide coverage that is not specified in a certificate or in a policy that extends the coverage that is specified in a certificate.

(1.1) Subject to subsections (1.2) and (2) and the regulations, an optional insurance contract referred to in subsection (1) (a) may prohibit a specified person or class of persons from using or operating the vehicle, exclude coverage for a specified risk or provide different limits of coverage for different persons or risks or classes of persons or risks.

  Section 61 (1.2) (a) BEFORE amended by 2023-35-63, effective January 6, 2025 (BC Reg 115/2024).

(a) prohibit a person who is living with and as a member of the family of

(i) the owner of the vehicle, and

(ii) in the case of a leased motor vehicle, if the policy was purchased by the lessee, of the lessee of the motor vehicle,

from using or operating the vehicle, or

  Section 72 (b.3) and (n.1) BEFORE amended and BEFORE (b.4) was added by 2018-19-20, effective May 17, 2018 (Royal Assent).

(b.3) designating those persons who are or may be insured under optional insurance contracts or a prescribed class of optional insurance contracts, the insurance money payable to insured persons and the perils or risks for which insurance may be provided;

(n.1) providing that prescribed disputes may be submitted to arbitration, and governing the rights and obligations of the arbitrator and a party to the arbitration;

  Section 72 (t) was added by 2020-10-21, effective May 1, 2021 (BC Reg 4/2021).

  Section 73 (e) and (f) BEFORE amended by 2007-24-17, effective November 8, 2007 (BC Reg 341/2007).

(e) requiring the insurance company to enter into optional insurance contracts with owners of vehicles who are unable to enter into optional insurance contracts with any other insurer;

(f) requiring the insurance company to establish the circumstances under which it determines that an owner is unable to enter into an optional insurance contract with any other insurer and requiring the superintendent to approve those circumstances;

  Section 73 (e) BEFORE amended by 2023-35-64(a), effective January 6, 2025 (BC Reg 115/2024).

(e) requiring the insurance company to enter into optional insurance contracts with owners of vehicles, or, in the case of leased motor vehicles, lessees of leased motor vehicles, who are unable to enter into optional insurance contracts with any other insurer;

  Section 73 (f) BEFORE amended by 2023-35-64(b), effective January 6, 2025 (BC Reg 115/2024).

(f) requiring the insurance company to establish the circumstances under which it determines that an owner or lessee is unable to enter into an optional insurance contract with any other insurer and requiring the superintendent to approve those circumstances;

  Part 5, sections 95 to 100 were enacted by 2003-94-41 (as amended by 2006-28-33), effective June 1, 2007 (BC Reg 166/2006).

  Part 5 heading BEFORE amended by 2018-19-21, effective May 17, 2018 (Royal Assent).

Part 5 — General Provisions

  Part 5 heading BEFORE amended by 2020-10-22, effective August 14, 2020 (Royal Assent).

Part 5 — Provisions Relating to Parts 1 and 4

  Section 74 (part) BEFORE amended by 2020-10-23, effective August 14, 2020 (Royal Assent).

  Section 74.1 was enacted by 2018-17-42, effective April 1, 2019 (BC Reg 233/2018).

  Section 76 (6) (c) BEFORE amended by 2007-24-18, effective November 8, 2007 (BC Reg 341/2007).

(c) contravention of the Criminal Code or of a law or statute of any province, state or country by the owner or driver of the vehicle specified in the owner's certificate or policy.

  Section 76 (6) (c) BEFORE amended by 2018-19-22, effective May 17, 2018 (Royal Assent).

(c) contravention of the Criminal Code or of a law or statute of any province, state or country by the owner, lessee or driver of the vehicle specified in the owner's certificate or policy.

  Section 76 (2) BEFORE amended by 2023-35-65(a), effective January 6, 2025 (BC Reg 115/2024).

(2) Even though he or she does not have a contractual relationship with the insurer, a claimant is entitled, on recovering a judgment against an insured or making a settlement with the insurer, to have the insurance money applied toward the claimant's judgment or settlement and toward any other judgments or claims against the insured who is covered by the indemnity.

  Section 76 (3) BEFORE amended by 2023-35-65(b), effective January 6, 2025 (BC Reg 115/2024).

(3) The claimant may, on behalf of himself or herself and all persons having judgments or claims against the insured who is covered by the indemnity, bring an action against the insurer to have the insurance money applied in accordance with subsection (2).

  Section 76 (6) (c) BEFORE amended by 2023-35-65(c), effective January 6, 2025 (BC Reg 115/2024).

(c) contravention of the Criminal Code or of a law or statute of any province, state or country by the owner, lessee or driver of the vehicle in respect of which the insurance money is payable under a certificate or policy.

  Section 77 (4) (a) BEFORE amended by 2010-6-59, effective July 1, 2010.

(a) deliver a statement of defence to the claim of any party claiming against the insured,

  Section 77 (8) (a) and (b) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(a) the insurer may agree to accept payment in installments from the insured, and

(b) the insured may, on notice to the insurer, apply to the Supreme Court for an order that he or she be permitted to pay the insurer in installments in amounts and at times determined by the court.

  Section 77 (7) and (8) BEFORE amended by 2023-10-369, effective March 30, 2023 (Royal Assent).

(7) An insurer to whom an assignment is provided under subsection (6) may register that assignment under the Land Title Act unless, within 30 days after the date of a demand provided to the insured under subsection (2), the insured delivers to the chief agency or head office of the insurer in British Columbia a written notice by which the insured disputes his or her liability to reimburse the insurer.

(8) If the insurer has paid money in satisfaction of a claim, settlement or judgment under section 76 or by agreement under subsection (5) of this section, and the insured has not reimbursed the amount for which the insured is liable under subsection (2) or that the insured has agreed to reimburse the insurer under subsection (5)

(a) the insurer may agree to accept payment in instalments from the insured, and

(b) the insured may, on notice to the insurer, apply to the Supreme Court for an order that he or she be permitted to pay the insurer in instalments in amounts and at times determined by the court.

  Section 79 (3) BEFORE amended by 2023-10-370, effective March 30, 2023 (Royal Assent).

(3) On an application under subsection (1), the only parties entitled to notice and to be heard are the insured and his or her insurers, and no material or evidence used or taken on the application is admissible on the trial of an action brought against the insured for bodily injury to or the death of a person or loss of or damage to property caused by the vehicle or the use or operation of the vehicle in respect of which the insurance is provided.

  Section 81 BEFORE amended by 2018-19-23, effective May 17, 2018 (Royal Assent).

  Section 81 (2) BEFORE amended by 2023-10-371, effective March 30, 2023 (Royal Assent).

(2) For the purposes of subsection (1), the person referred to in that subsection, in his or her own name and on his or her own behalf, may exercise the same rights and is subject to the same obligations as the insured as if the person were the named insured in the certificate or policy.

  Section 82 (2) BEFORE amended by 2018-19-24, effective May 17, 2018 (Royal Assent).

(2) Every insured against whom an action is commenced for damages caused by a vehicle or the use or operation of a vehicle must, on recovery of a judgment against the insured, disclose to a judgment creditor entitled to the benefit of any vehicle liability policy particulars of the owner's certificate or policy within 10 days after written demand for it.

  Section 82.1 was enacted by 2007-24-19, effective November 8, 2007 (BC Reg 341/2007).

  Section 82.1 (1) BEFORE amended by 2023-35-66(a), effective January 6, 2025 (BC Reg 115/2024).

(1) In an action to recover for loss or damage to persons or property arising out of the use or operation of a leased motor vehicle on a highway in British Columbia, the maximum amount for which the lessor of the motor vehicle is liable, in that lessor's capacity as lessor of the motor vehicle, in respect of any one incident is the amount determined under subsection (2).

  Section 82.1 (3) (a) BEFORE amended by 2023-35-66(b), effective January 6, 2025 (BC Reg 115/2024).

(a) in respect of amounts payable by a lessor other than by reason of vicarious liability imposed under section 86 of the Motor Vehicle Act, or

  Section 82.1 (3) (b) BEFORE amended by 2023-35-66(c), effective January 6, 2025 (BC Reg 115/2024).

(b) to prescribed lessors or motor vehicles, or prescribed classes of lessors or motor vehicles.

  Section 82.2 was enacted by 2018-19-25, effective May 17, 2018 (Royal Assent).

  Section 83 (1), (3), (4) and (6) BEFORE amended and BEFORE (1.1), (5.1) and (7) were added by 2018-19-26, effective May 17, 2018 (Royal Assent).

(1) In this section and in section 84, "benefits" means benefits

(a) within the definition of section 1.1, or

(b) that are similar to those within the definition of section 1.1, provided under vehicle insurance wherever issued and in effect,

but does not include a payment made pursuant to third party liability insurance coverage.

(3) Nothing in this section precludes the insurer from demanding from the person referred to in subsection (2), as a condition precedent to payment, a release to the extent of the payment.

(4) In an action in respect of bodily injury or death caused by a vehicle or the use or operation of a vehicle, the amount of benefits paid, or to which the person referred to in subsection (2) is or would have been entitled, must not be referred to or disclosed to the court or jury until the court has assessed the award of damages.

(6) If, for the purpose of this section or section 84, it is necessary to estimate the value of future payments that the corporation or the insurer is authorized or required to make under the plan or an optional insurance contract, the value must be estimated according to the value on the date of the estimate of a deferred benefit, calculated for the period for which the future payments are authorized or required to be made.

  Section 83 (1.1) (a) and (b) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).

(a) the person to whom the compensation is paid or provided, or payable or to be provided, elects not to claim compensation under section 10 (2) of that Act and the person is not entitled to compensation under section 10 (5) of that Act;

(b) the Workers' Compensation Board pursues its right of subrogation under section 10 (6) of that Act.

  Section 83 (7) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).

(7) Despite any right of subrogation a person may have under an agreement, the common law or an enactment, but subject to section 10 (6) of the Workers Compensation Act and section 84 of this Act, a person who pays or provides benefits, or who assumes liability to pay or provide benefits, is not subrogated to a right of recovery of the person referred to in subsection (2).

  Section 83 (1) (part) BEFORE amended by 2020-10-24, effective May 1, 2021 (BC Reg 4/2021).

(1) In this section and in section 84, "benefits" means amounts paid or payable, or things or services provided or to be provided in kind, directly or indirectly and whether or not as a result of a right of indemnity,

(a) as benefits within the meaning of section 1.1,

(b) as follows, for a loss or expense similar to a loss or expense covered by benefits within the meaning of section 1.1:

(i) under insurance, wherever issued and in effect;

(ii) under the Workers Compensation Act or a similar law of a jurisdiction other than British Columbia;

(iii) under the Employment Insurance Act (Canada);

(iv) by the government of a province or territory of Canada, Canada or another jurisdiction;

(v) under terms or conditions of employment or an agreement for collective bargaining, and

(c) in prescribed circumstances, for a loss or expense similar to a loss or expense covered by benefits within the meaning of section 1.1,

  Section 84 (1) BEFORE amended and BEFORE (1.1) was added by 2018-19-27, effective May 17, 2018 (Royal Assent).

(1) On making a payment of benefits or insurance money or assuming liability for payment of benefits or insurance money, an insurer

(a) is subrogated to and is deemed to be the assignee of all rights of recovery against any other person liable in respect of the loss, damage, bodily injury or death of a person to whom, on whose behalf or in respect of whom the payment of benefits or insurance money is made or to be made, and

(b) may bring action in the name of the insured or in its own name to enforce the rights referred to in paragraph (a).

  Section 84 (0.1) was added by 2020-10-25, effective May 1, 2021 (BC Reg 4/2021).

  Section 86 (1) (a) BEFORE amended by 2020-10-26, effective August 14, 2020 (Royal Assent).

(a) is not, unless the insurer otherwise agrees, an admission of liability, and does not prejudice the rights of the insured or the insurer, and

  Section 86 (1) and (2) BEFORE amended by 2023-10-372, effective March 30, 2023 (Royal Assent).

(1) If an insurer makes a payment on behalf of an insured under the plan or an optional insurance contract to a person who is or alleges himself or herself to be entitled to recover from the insured under the plan or optional insurance contract, the payment

(a) is not, unless the insurer otherwise agrees, an acknowledgment or admission of liability, and does not prejudice the rights of the insured or the insurer, and

(b) constitutes, to the extent of the payment, a release by the person or his or her personal representative of any claim that the person or the personal representative or any person claiming through or under him or her, or by virtue of the Family Compensation Act, may have against the insured and the insurer.

(2) Nothing in this section precludes an insurer making the payment from demanding, as a condition precedent to the payment, a release from the person, or his or her personal representative, or any other person, to the extent of that payment.

  Section 87 BEFORE amended by 2020-10-27, effective August 14, 2020 (Royal Assent).

  Section 89 (1) (c) BEFORE amended by 2023-10-373, effective March 30, 2023 (Royal Assent).

(c) has first been questioned as to whether he or she has been convicted of that offence.

  Section 90 (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) the insurer is not liable under this Act or the regulations, including, without limitation, under section 20, 24, 76, 77 or 78 or under an optional insurance contract or the plan, to indemnify or to pay any insurance money to or on behalf of

  Section 91 (1) (b) BEFORE amended by 2007-24-20, effective November 8, 2007 (BC Reg 341/2007).

(b) at the time of the accident as a result of which the bodily injury, death or loss of or damage to property was suffered, was an operator of, or a passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner.

  Section 91 (1) (b) BEFORE amended by 2023-35-67, effective May 23, 2024 (BC Reg 114/2024).

(b) at the time of the accident as a result of which the bodily injury, death or loss of or damage to property was suffered, was an operator of, or a passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, and, in the case of a leased motor vehicle, the lessee.

  Section 91 (1) BEFORE amended by 2007-34-84, effective September 1, 2011 (BC Reg 14/2011).

Note: 2007-34-84 was amended by 2009-22-34, effective October 29, 2009 (Royal Assent).

(1)  A payment of insurance money for or on behalf of a minor, or a person with a mental disorder as defined under the Mental Health Act, who does not have a committee, must be made to the Public Guardian and Trustee, to be administered as he or she considers advisable, and the Public Guardian and Trustee may make arrangements with other persons, societies or agencies for this purpose.

  Section 91 (2) BEFORE repealed by 2007-34-84, effective September 1, 2011 (BC Reg 14/2011).

(2)  Subsection (1) applies also in respect of an adult who is incapable of making decisions about his or her financial affairs, business or assets and does not have a representative authorized under the Representation Agreement Act or an attorney appointed by an enduring power of attorney under section 8 of the Power of Attorney Act to make those decisions.

  Section 93 BEFORE amended by 2011-25-381, effective November 24, 2011 (Royal Assent).

  Section 93.1 (1) definition of "vehicle indebtedness" (f) BEFORE amended by 2007-14-140, effective December 1, 2007 (BC Reg 354/2007).

(f) indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i)  a motor vehicle related Criminal Code offence, within the meaning of the Motor Vehicle Act,

(ii)  the Motor Vehicle Act,

(iii)  the Commercial Transport Act,

(iv)  the Motor Fuel Tax Act,

(v)  the Highway Act or the Transportation Act,

(vi)  the Passenger Transportation Act,

(vii)  the Motor Vehicle (All Terrain) Act, or

(viii)  the regulations made under an Act referred to in subparagraphs (ii) to (vii).

  Section 93.1 (1) definition of "vehicle indebtedness", paragraph (f), BEFORE amended by 2014-45,46, effective November 17, 2014 (BC Reg 200/2014).

(f) indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i) a motor vehicle related Criminal Code offence, within the meaning of the Motor Vehicle Act,

(ii) the Motor Vehicle Act,

(iii) the Commercial Transport Act,

(iv) the Motor Fuel Tax Act,

(v) the Highway Act or the Transportation Act,

(vi) the Passenger Transportation Act, or

(vii) the Motor Vehicle (All Terrain) Act

(viii) [Repealed 2007-14-140.]

  Section 93.1 (1) (d.1) was added by 2015-13-56, effective November 2, 2015 (BC Reg 202/2015).

  Section 93.1 (5) BEFORE amended by 2020-10-28, effective May 1, 2021 (BC Reg 4/2021).

(5) If money is owed by a debtor to the corporation or the government for a vehicle indebtedness, to the corporation for a reimbursement required under section 90 (12) of the Motor Vehicle Act or to the corporation for any other reason, the corporation may deduct the amount of the indebtedness from any insurance money, other than benefits as defined in section 83 (1) of this Act, payable by the corporation to the debtor, whether or not the corporation has provided a demand to the debtor under subsection (4) (c) of this section.

  Section 93.1 (1) definition of "convicted" BEFORE amended by 2023-35-68(a), effective May 23, 2024 (BC Reg 114/2024).

"convicted" includes

(a) being found guilty, whether under the Youth Criminal Justice Act (Canada) or, before April 1, 2003, under the Young Offenders Act (Canada), as it then was, of contravening section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, and

(b) convicted or subject to 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 the law of that jurisdiction that is similar to

(i) section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, or

(ii) section 224 or 226 of the Motor Vehicle Act;

  Section 93.1 (1) definition of "vehicle indebtedness", paragraphs (b) and (c) BEFORE amended by 2023-35-68(b) and (c), effective May 23, 2024 (BC Reg 114/2024).

(b) an amount paid by the corporation under section 76 on behalf of an insured if

(i) the amount was, under section 76, paid to a person having a claim referred to in section 76 (2), and

(ii) the insured

(A) is, in relation to the accident that resulted in the injury, death or loss of or damage to property for which the payment was made, convicted of an offence under section 220, 221, 249, 252, 253 (a) or 255 (2) or (3) of the Criminal Code, or of an offence under a provision of the law of the United States of America that is similar to one of those sections, and the offence was committed while the insured was operating or having care or control of a vehicle or by means of a vehicle,

(B) 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 of America that is similar to either of those sections, and the accident occurred during the person's commission of the offence and while the person was operating a vehicle,

(C) 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 occurred within the 2 hours preceding the person's commission of the offence and while the person was operating a vehicle, or

(D) was, at the time that the accident occurred, operating a vehicle when not authorized and qualified by law to operate the vehicle,

(c) money in respect of which rights of recovery are assigned to the corporation under section 84 if the person against whom the corporation is entitled to exercise those rights of recovery is, in relation to the injury, death or loss of or damage to property in respect of which the money was paid, convicted of an offence under section 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code or of an offence under a provision of the law of the United States of America that is similar to one of those sections,

  Section 93.1 (2) (b.1) was added by 2023-35-68(d), effective January 6, 2025 (BC Reg 115/2024).

  Section 93.1 (2) (c) and (d) BEFORE amended by 2023-35-68(e), effective January 6, 2025 (BC Reg 115/2024).

(c) cancel any owner's certificate issued in the debtor's name or any universal compulsory vehicle insurance issued in the debtor's name;

(d) issue an owner's certificate or provide universal compulsory vehicle insurance to the debtor with a term of more than 90 days but less than one year;

  Section 93.1 (2) (c.1) and (d.1) were added by 2023-35-68(e), effective January 6, 2025 (BC Reg 115/2024).

  Section 93.1 (3) BEFORE amended by 2023-35-68(f), effective January 6, 2025 (BC Reg 115/2024).

(3) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is required to reimburse the corporation under section 90 (12) of the Motor Vehicle Act, the corporation may exercise one or more of the rights referred to in subsection (2) (a), (b), (d) or (f) of this section for so long as any part of that indebtedness remains outstanding.

  Section 93.1 (4) BEFORE amended by 2023-35-68(g), effective January 6, 2025 (BC Reg 115/2024).

(4) Despite subsections (2) and (3), the corporation must not exercise a right referred to in subsection (2) (b), (c), (d), (e) or (f) unless

(a) the indebtedness is a fine indebtedness,

(b) the corporation has a judgment in its favour in relation to the indebtedness in respect of which it intends to exercise one or more of those rights, or

(c) the corporation mails to the debtor, at the debtor's last address according to the corporation's records, a written demand for payment of that indebtedness together with a notice of any action the corporation intends to take under this section, and the debtor does not, within 30 days after the date of mailing, pay the indebtedness or make arrangements satisfactory to the corporation for payment of the indebtedness.

  Section 94 (2) (e), (f) and (4) were added by 2007-24-21, effective November 8, 2007 (BC Reg 341/2007).

  Section 94 BEFORE re-enacted by 2018-19-28, effective May 17, 2018 (Royal Assent).

  Section 94 (1) (c) BEFORE amended by 2023-35-69, effective January 6, 2025 (BC Reg 115/2024).

(c) prescribing lessors or motor vehicles, or classes of either, for the purposes of section 82.1 (3) (b);

  Section 94 (2) BEFORE amended by 2023-35-69, effective January 6, 2025 (BC Reg 115/2024).

(2) In making regulations under subsection (1) (c), the Lieutenant Governor in Council may make different regulations in relation to lessors and motor vehicles, or classes of either, in different circumstances.

  Parts 6, sections 95 to 100 were enacted by 2003-94-41 (as amended by 2006-28-33), effective June 1, 2007 (BC Reg 166/2006).

  Section 96 (4) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(4)  Without limiting subsections (1) to (3) or any other enactment and without limiting the right of the corporation or an insurer to use any method it considers appropriate to resolve any dispute, the Lieutenant Governor in Council may make regulations respecting dispute resolution procedures, including, without limitation, arbitration and mediation procedures, that the corporation or an insurer may make available to any person who wishes to use them to resolve disputes in relation to any insurance money claimed or payable under this Act or the regulations, or any other disputes in relation to the administration of this Act and the regulations.

  Section 98 BEFORE amended by 2020-10-29, effective May 1, 2021 (BC Reg 4/2021).

  Part 7, sections 101 to 104 were enacted by 2018-19-29, effective May 17, 2018 (Royal Assent).

  Section 104 (1) (g) (ii) BEFORE amended by 2020-10-30(a), effective August 14, 2020 (Royal Assent).

(ii) requiring the establishment of a register of persons in the class,

  Section 104 (1) (n) BEFORE amended by 2020-10-30(b), effective August 14, 2020 (Royal Assent).

(n) for the purposes of section 103 (1), respecting damages for non-pecuniary loss for a minor injury, including, without limitation, establishing

(i) an amount of damages or a limit on damages for a minor injury arising from an accident in which a claimant suffers

(A) a minor injury and an injury that is not minor, or

(B) only a minor injury, and

(ii) rates, formulas, rules or principles, including using a consumer price index published by Statistics Canada under the Statistics Act (Canada), for calculating or determining an amount of damages or a limit on damages.

  Part 8, sections 105 and 106, was enacted by 2018-19-30, effective May 17, 2018 (Royal Assent).

  Part 8, sections 105 and 106, BEFORE repealed by 2020-10-31, effective August 14, 2020 (Royal Assent).

Part 8 — General

  Part 9, sections 107 to 112, was enacted by 2020-10-32, effective August 14, 2020 (Royal Assent).

  Part 10, sections 113 to 169, was enacted by 2020-10-33, effective May 1, 2021 (BC Reg 4/2021).

  Section 113 definitions of "dependant", "dependent child" and "dependent parent" were added by 2021-23-3(a), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 113 definition of "insured" BEFORE amended by 2021-23-3(b), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

"insured" means an individual who, under section 118 or 119, is entitled to benefits under this Part;

  Section 114 (2) (part) BEFORE amended by 2021-23-4, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(2) Despite subsection (1), this Part does not apply to the following types of accidents:

  Section 116 (1) definition of "voluntary occupant" BEFORE amended by 2021-23-5(a), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

"voluntary occupant" means a person who is a voluntary operator of, or a voluntary passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee.

  Section 116 (4) BEFORE amended by 2021-23-5(b), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(4) Despite any other law or enactment, in an action referred to in subsection (2) (f), a person who would, but for this subsection, be vicariously liable for the use or operation referred to in subsection (2) (f) is absolved from that vicarious liability.

  Section 116 (1) definition of "out-of-province owner" BEFORE repealed by 2023-35-70(a), effective May 23, 2024 (BC Reg 114/2024).

"out-of-province owner" means a person who has ownership of a vehicle in a jurisdiction outside British Columbia in accordance with the law of that jurisdiction;

  Section 116 (1) definition of "voluntary occupant" BEFORE amended by 2023-35-70(b), effective May 23, 2024 (BC Reg 114/2024).

"voluntary occupant" means a person who is a voluntary operator of, or a voluntary passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, the out-of-province owner or, in the case of a leased vehicle, the renter named in the owner's certificate.

  Section 119 (1) and (2) BEFORE amended by 2021-23-6, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) In this section, "specified vehicle" means a vehicle

(a) that is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act, or

(b) for which a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act,

and coverage is provided by a certificate with respect to that vehicle.

(2) Subject to this Part and the regulations, an individual who is not a resident at the time of an accident and who sustains bodily injury caused by a vehicle arising out of the accident is entitled to benefits under this Part if either of the following is the case:

(a) the accident occurs in British Columbia and at the time of the accident the individual is one or more of the following:

(i) an owner;

(ii) a lessee named in an owner's certificate;

(iii) an operator or occupant of a specified vehicle that is involved in the accident;

(iv) an individual who is not an operator or occupant of a vehicle and is struck by

(A) a specified vehicle, or

(B) something other than a vehicle because of a specified vehicle;

(v) neither an owner nor a lessee named in an owner's certificate and the individual is either

(A) an operator or occupant of a vehicle that is not a specified vehicle, or

(B) not an operator or occupant of a vehicle and is struck by a vehicle that is not a specified vehicle or by something other than a vehicle because of a vehicle that is not a specified vehicle;

(vi) an individual other than an individual referred to in subparagraphs (i) to (v);

(b) the accident occurs outside British Columbia but otherwise within the area described in section 118 and the individual is both of the following:

(i) an owner or a lessee named in an owner's certificate;

(ii) either

(A) an operator or occupant of a vehicle that is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act or of a prescribed vehicle, or

(B) an individual who is neither an operator nor an occupant of a vehicle and is struck by a vehicle described in clause (A) or is struck by something other than a vehicle because of a vehicle described in clause (A).

  Section 119 (2) (a) (ii) and (v) BEFORE amended by 2023-35-71, effective January 6, 2025 (BC Reg 115/2024).

(ii) a renter named in an owner's certificate;

(v) neither an owner nor a renter named in an owner's certificate and the individual is either

(A) an operator or occupant of a vehicle that is not a specified vehicle, or

(B) not an operator or occupant of a vehicle and is struck by a vehicle that is not a specified vehicle or by something other than a vehicle because of a vehicle that is not a specified vehicle;

  Section 119 (2) (b) (i) BEFORE amended by 2023-35-71, effective January 6, 2025 (BC Reg 115/2024).

(i) an owner or a renter named in an owner's certificate;

  Section 119.1 was enacted by 2021-23-7, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 119.1 (a) (i), (b) (i), and (c) (i) BEFORE amended by 2023-35-71, effective January 6, 2025 (BC Reg 115/2024).

(i) is an owner or a renter named in an owner's certificate,

(i) an owner or a renter named in an owner's certificate,

(i) an owner or a renter named in an owner's certificate;

  Section 122 BEFORE amended by 2021-23-8, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 123 (2) BEFORE amended by 2021-23-9, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(2) The corporation must calculate and determine the amount to which the insured is entitled under subsection (1) in accordance with the regulations.

  Section 125 (2), (3) and (5) BEFORE amended by 2021-23-10(a), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(2) Subject to the regulations, if the corporation pays or reimburses an insured under section 123 or contributes to rehabilitation respecting an insured under section 124, the insured is entitled to the payment or reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the insured to receive the care, service, thing or rehabilitation.

(3) Subject to the regulations and subsection (4), an individual is entitled to reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the individual to accompany an insured to receive the care, service, thing or rehabilitation, as described in subsection (2), if that accompaniment is required because of the physical or mental condition of the insured or the insured's age.

(5) Subject to the regulations and subsection (6), an individual is entitled to reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the individual to attend an insured receiving critical care because of the insured's bodily injury.

  Section 125 (7) was added by 2021-23-10(b), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 127 BEFORE renumbered as section 127 (1) and BEFORE amended by 2021-23-11(a) and (b), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 127 (2) was added by 2021-23-11(c), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 137 BEFORE amended by 2021-23-12, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 138 (1) BEFORE amended by 2021-23-13, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) Subject to the regulations, a student who, because of the student's bodily injury,

(a) is unable to begin or continue current studies, and

(b) is unable after the specified date to hold employment

is entitled to an income replacement benefit for the time that the student remains unable to hold employment because of the student's bodily injury.

  Section 140 definition of "applicable period" BEFORE amended by 2021-23-14, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

"applicable period" means the period that starts on the date of the accident and ends on June 30 of the year in which the minor reaches 19 years of age;

  Section 142 (1) BEFORE amended by 2021-23-15, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) Subject to the regulations, a minor is entitled to an income replacement benefit if any of the following is the case because of the minor's bodily injury:

(a) the minor is unable to hold an employment that the minor would have held during the applicable period if the accident had not occurred;

(b) the minor is deprived of a benefit under the Employment Insurance Act (Canada) to which the minor was entitled at the time of the accident.

  Section 143 (1) (part) BEFORE amended by 2021-23-16, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) Subject to the regulations, a minor who, from the end of the school year in which the minor reaches 19 years of age, because of the minor's bodily injury,

  Section 146 (1) (a) and (b) BEFORE amended by 2021-23-17, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(a) while the insured is able to hold the employment that the insured held at the time of the accident,

(b) while the insured holds other employment from which the insured earns a gross income that is equal to or greater than the gross income that the insured earned from employment held at the time of the accident, or

  Section 147 BEFORE amended by 2021-23-18, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 151 (1) BEFORE amended by 2021-23-19, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) Subject to the regulations, if an insured is, at the time of the accident, working without remuneration in a family enterprise and the insured is unable because of the insured's bodily injury to perform the insured's regular duties in the family enterprise, the insured is entitled to a reimbursement, up to a maximum of the prescribed amount, of expenses incurred during the first 180 days after the accident to have the insured's regular duties performed by another person during those 180 days.

  Section 153 (1) BEFORE amended by 2021-23-20, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) Subject to the regulations, an insured who, because of the insured's bodily injury, becomes unable to care for a child under 16 years of age or for a person who is regularly unable, for any reason, to hold any employment is entitled to the reimbursement, up to a maximum of the prescribed amount, of expenses incurred to pay the cost of the care if, on the date of the accident, the insured

(a) is a full-time earner or temporary earner,

(b) holds more than one regular part-time employment for a total of not less than a prescribed number of hours per week,

(c) is a minor or student,

(d) is a part-time earner or non-earner who, under section 152, elects to receive the income replacement benefit, or

(e) is a person in a prescribed class of persons.

  Section 154 (part) BEFORE amended by 2021-23-21, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 163 (3) (d) was added by 2021-23-22, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 167 BEFORE amended by 2021-23-23, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 168 (1) (part) BEFORE amended by 2021-23-24, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(1) Subject to the regulations, the corporation may recover benefits paid under this Part

  Part 11, sections 170 to 180, was enacted by 2020-10-33, effective May 1, 2021 (BC Reg 4/2021).

  Section 170 (1) definition of "licensed vehicle", paragraph (b) BEFORE amended by 2021-23-25(a) and (b), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(b) that is one of the following:

(i) a vehicle registered and licensed under the Motor Vehicle Act or the Commercial Transport Act;

(ii) a vehicle for which a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act;

(iii) a vehicle registered in a jurisdiction in the area described in section 118 of this Act for which licensing requirements of the jurisdiction in which the vehicle is registered are fulfilled;

  Section 170 (1) definition of "vehicle damage", paragraph (e) BEFORE amended by 2021-23-25(c), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(e) any other prescribed types of damage or loss.

  Section 170 (1) definition of "vehicle damage" sandwich text was added by 2021-23-25(c), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Section 172 (2) (a) BEFORE amended by 2021-23-26, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(a) persons who, at the time of the accident, are not owners, lessees named in an owner's certificate, occupants or operators of included vehicles involved in the accident, and

  Section 172 (2) (a) BEFORE amended by 2023-35-72, effective January 6, 2025 (BC Reg 115/2024).

(a) persons who, at the time of the accident, are not owners, renters named in an owner's certificate, occupants or operators of included vehicles involved in the accident, and

  Section 173 (1) (a) BEFORE amended by 2021-23-27, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(a) an owner, a lessee named in an owner's certificate, an occupant or an operator, or

  Section 173 (1) (a) BEFORE amended by 2023-35-73, effective January 6, 2025 (BC Reg 115/2024).

(a) an owner, a renter named in an owner's certificate, an occupant or an operator, or

  Section 174 (4) BEFORE amended by 2022-14-19(a), effective June 20, 2022 (BC Reg 140/2022).

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage,

(a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and

(b) another person whose name is not ascertainable is responsible for the accident.

  Section 174 (4.1) was added by 2022-14-19(b), effective June 20, 2022 (BC Reg 140/2022).

  Section 175 (4) BEFORE amended by 2022-14-20(a), effective June 20, 2022 (BC Reg 140/2022).

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage,

(a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and

(b) another person whose name is not ascertainable is responsible for the accident.

  Section 175 (4.1) was added by 2022-14-20(b), effective June 20, 2022 (BC Reg 140/2022).

  Section 176 BEFORE repealed by 2022-14-21, effective June 20, 2022 (BC Reg 140/2022).

  Section 178 (2) (part) BEFORE amended by 2021-23-28(a), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(2) Subject to the regulations and subsection (3), the corporation may recover indemnification paid to an insured under this Part,

  Section 178 (4) (a) (i) and (iii) BEFORE amended by 2021-23-28(b) and (c), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(i) an excluded vehicle, other than a vehicle described in paragraph (c) of this subsection;

(iii) a non-standard motor vehicle, other than a vehicle described in paragraph (b) of this subsection;

  Section 178 (5) (b) BEFORE amended by 2021-23-28(d), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(b) has insured a vehicle for which the licensing requirements of the jurisdiction in which the vehicle is registered are fulfilled

  Section 178 (5) sandwich text BEFORE amended by 2021-23-28(e), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

may recover insurance money paid under a contract of insurance as a result of an accident from a person referred to in subsection (2), but only to the extent that the corporation could recover under subsection (2) had the money been paid by the corporation under section 174 or 175.

  Section 178 (6) BEFORE amended by 2021-23-28(f), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(6) Subject to the regulations, an owner of a vehicle described in section 1.01 may recover damage or losses with respect to vehicle damage as a result of an accident from a person referred to in subsection (2) of this section, but only to the extent that the corporation could recover under subsection (2) of this section had the money been paid by the corporation under section 174 or 175.

  Section 180 (3) (part) BEFORE amended by 2021-23-29, effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(3) Without limiting subsection (1), where a provision in this Part confers a power, duty or function on the corporation subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

  Section 180 (2) (f.1) was added by 2022-14-22, effective June 20, 2022 (BC Reg 140/2022).

  Part 12, Division 1, section 181, was enacted by 2020-10-34, effective August 14, 2020 (Royal Assent).

  Section 181 (5) (part) BEFORE amended by 2021-23-30(a), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

(5) A regulation made under this Part may adopt by reference, in whole or in part or with any change the Lieutenant Governor in Council considers necessary,

  Section 181 (8) was added by 2021-23-30(b), effective May 1, 2021 [retro from October 28, 2021 (Royal Assent)].

  Part 12, Division 2, section 182, was enacted by 2020-10-35, effective May 1, 2021 (BC Reg 4/2021).

  Part 12, Division 3, section 183, was enacted by 2020-10-36, effective August 14, 2020 (Royal Assent).

  Section 183 BEFORE self-repealed by RS1996-231-183(4), effective April 1, 2021.

  Section 184 was enacted by 2020-10-37, effective May 1, 2021 (BC Reg 4/2021).

  Section 184 BEFORE repealed by RS1996-231-184(4), effective May 1, 2022 [1 year after RS1996-231-184 coming into force].

  Supplement BEFORE repealed (except section 1 (a) — not repealed) by 2006-33-1(2)(a), effective May 18, 2006 (Royal Assent).

[Supplement]

1 Section 32 (1) of the Insurance (Motor Vehicle) Act is amended

(a) by striking out "a mentally disordered person under the Mental Health Act, who does not have a committee," and substituting "an adult who is incapable of making decisions about his or her financial affairs, business or assets and who does not have a substitute decision maker or guardian appointed under the Adult Guardianship Act to make those decisions ," and

(b) [Spent.]

1993-35-79; 1993-64-30(1)(k).

Part 2