Vol. 67, No. 11 – B.C. Reg. 153/2024

Volume 67, No. 11
153/2024

The British Columbia Gazette, Part II
June 18, 2024

B.C. Reg. 153/2024, deposited June 18, 2024, under the INSURANCE (VEHICLE) ACT [sections 45 and 181 (7)]. Order in Council 352/2024, approved and ordered June 18, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended as set out in the attached Schedule.

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

Schedule

1 Section 1 (1) of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended

(a) in the definition of "additional product certificate" by striking out "154.2 or 154.9" and substituting "154.2, 154.9 or 154.961", and

(b) by adding the following definition:

"MPR blanket certificate" means a blanket certificate issued under section 154.961; .

2 Section 148.4 is amended by adding the following subsection:

(1.1) Coverage under this Division is not provided by an MPR blanket certificate in respect of any of the following:

(a) a bus;

(b) a taxi;

3 Section 154.1 is amended by striking out "Division 3" and substituting "Divisions 3 and 4".

4 Section 154.5 is amended by adding the following subsection:

(5) If coverage in respect of a vehicle would be provided by a TNS blanket certificate and an MPR blanket certificate, coverage is provided only by the TNS blanket certificate.

5 Section 154.8 is amended by striking out "for a period" and substituting "for periods".

6 The following section is added:

Prescribed matters and persons for P2P blanket certificates in respect of trailers

154.81 (1) For the purposes of section 35.2 (1) (e) of the Act, the prescribed matter is an incident involving a trailer insured under a P2P blanket certificate out of which arises

(a) injury or death to a person, or

(b) damage to property.

(2) For the purposes of section 35.2 (2) (d) of the Act, the prescribed class of persons is persons who own, drive, lease or dispatch trailers to which a P2P blanket certificate relates.

7 Section 154.91 (2) (a) is amended by adding "as a leased vehicle" after "leased".

8 The following Division is added to Part 11:

Division 4 – MPR Blanket Certificates

Definitions for Division 4

154.95 In this Division:

"defined circumstance", in respect of a rented vehicle, means the vehicle is rented with a driver who is

(a) directly employed by, or otherwise directly under contract with, a motion picture production entity to use or operate the vehicle, and

(b) using or operating the vehicle during the hours when the driver is paid to use or operate the vehicle in accordance with the terms of the driver’s employment by, or contract with, the motion picture production entity;

"motion picture production" means film or video production for producing

(a) motion pictures,

(b) television series or pilots,

(d) television reality series, including competition type reality series,

(e) documentaries,

(f) commercials,

(g) live action scenes related to video games or digital content,

(h) promotional, corporate, industrial or institutional videos,

(i) music videos, or

(j) other similar types of film or video productions;

"motion picture production entity" means a person in the class of persons prescribed in section 154.951;

"vehicle rental period" means the rental period during which a motion picture production entity is to have possession of a vehicle under a written agreement between the motion picture production entity and the person who owns the vehicle or leases the vehicle as a leased vehicle.

Persons renting vehicles for motion picture production prescribed

154.951 For the purposes of section 35.1 (2) (b) of the Act, the prescribed class of persons is persons producing motion picture productions who, for use in motion picture productions, rent vehicles for periods of less than one month

(a) without a driver, or

(b) in a defined circumstance.

Prescribed matters and persons for MPR blanket certificates in respect of trailers

154.96 (1) For the purposes of section 35.2 (1) (e) of the Act, the prescribed matter is an incident involving a trailer insured under an MPR blanket certificate out of which arises

(a) injury or death to a person, or

(b) damage to property.

(2) For the purposes of section 35.2 (2) (d) of the Act, the prescribed class of persons is persons who own, drive, lease or dispatch trailers to which an MPR blanket certificate relates.

Issuance of MPR blanket certificate

154.961 On application and payment of the applicable premium, the corporation may issue a blanket certificate (APV-383), in the form established by the corporation, to a motion picture production entity.

Coverage provided by MPR blanket certificate

154.97 (1) Subject to subsection (2), an MPR blanket certificate evidences coverage under Parts 6 and 10 of this regulation and Parts 10 and 11 of the Act when a vehicle covered by the MPR blanket certificate is being operated in accordance with the terms set out in that MPR blanket certificate.

(2) An MPR blanket certificate does not provide coverage in respect of any of the following:

(a) a vehicle that is owned by the person who holds the MPR blanket certificate;

(b) a vehicle that is leased as a leased vehicle to the person who holds the MPR blanket certificate;

(c) a vehicle that is rated in a vehicle rate class that does not permit the vehicle to be rented for use in a motion picture production;

(d) except in a defined circumstance, a vehicle that is rented with a driver.

When coverage provided by MPR blanket certificate applies

154.971 (1) Subject to subsection (2) and section 154.5 (5), coverage provided by an MPR blanket certificate applies in respect of a vehicle, instead of the coverage provided by another certificate, during the vehicle rental period.

(2) Except in a defined circumstance, coverage provided by an MPR blanket certificate does not apply during the times that any of the following have possession of the vehicle during the vehicle rental period:

(a) the person who owns the vehicle;

(b) the person who leases the vehicle as a leased vehicle;

Rules if 2 or more blanket certificates provide coverage – MPR blanket certificate

154.98 (1) Despite section 154.92 (1), if coverage in respect of a vehicle would be provided by a P2P blanket certificate and an MPR blanket certificate, coverage is provided only by the MPR blanket certificate.

(2) If 2 or more MPR blanket certificates would provide coverage in respect of a vehicle, the corporation may determine which MPR blanket certificate applies.

MPR blanket certificate premium adjustment

154.981 (1) For the purposes of section 34 (2) (j) of the Act, a premium for an MPR blanket certificate may be based on the estimated or actual number of days in the vehicle rental periods in respect of all vehicles to be insured under that certificate.

(2) At the beginning of a term of an MPR blanket certificate, the corporation may agree with the holder of the certificate to adjust, at the end of the term, the amount of premium payable for that term based on the actual number of days in the vehicle rental periods in respect of all vehicles insured under that certificate.

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