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REVISED REGULATION (1984)
UNDER THE INSURANCE (MOTOR VEHICLE) ACT � Continued
B.C. Reg. 447/83
11 (1) In this Part:
"applicant" means a person who applies for a new or renewal certificate;
"base rate premium" means the basic premium fixed under section 34 (4) or (5) of the Act and determined in accordance with section 12 or Appendix 1;
"certificate" means an owner's certificate;
"chargeable claim payment" means a payment made by the corporation or another insurer in respect of death or injury to another person or loss or damage to property of another person or to property to which own damage coverage applies, but does not include a payment
(a) made in respect of
(i) a claim for a hit and run accident occurring on a highway,
(ii) a claim for accident benefits,
(iii) a claim under comprehensive coverage,
(iv) a claim under specified perils coverage,
(v) a claim under underinsured motorist protection,
(vi) a claim under loss of use coverage if the claim is under comprehensive coverage or specified perils coverage,
(vii) a claim for an amount under $10,
(viii) a claim under section 127 for a temporary substitute motor vehicle, and
(ix) a claim under Division 3 or 4 of Part 9,
(b) made in respect of an accident where
(i) the accident occurs more than 48 months before the date of application for a new certificate and the first payment is made in respect of the accident not more than 12 months before the date of application, or
(ii) the accident occurs more than 50 months before the renewal date of a certificate and the first payment is made by the corporation in respect of the accident not more than 14 months before the renewal date, and
(c) made in respect of an accident involving the contributory negligence of another person where 75% or more of the payment is recoverable from the other person;
"claim payment record" means a record of chargeable claim payments;
"substitute vehicle" means
(a) a vehicle obtained as a replacement for another vehicle within 12 months after the date of disposal of the other vehicle, or
(b) an additional vehicle acquired where another vehicle
(i) has not immediately been disposed of but is disposed of within 12 months after the day the additional vehicle is acquired, or
(ii) is still owned by the insured but not licensed within 12 months after the day the additional vehicle is acquired.
(2) In this Part
(a) "one-year scan period" means the 12 month period extending backward from, in the case of
(i) a new certificate, the date of application, or
(ii) an application for a renewal certificate, the 2 month period immediately preceding the effective date of the certificate,
(b) "2-year scan period" means the one-year period described in paragraph (a) plus 12 months extending backward from the end of the one-year period,
(c) "3-year scan period" means the 2-year period described in paragraph (b) plus 12 months extending backward from the end of the 2-year period, and
(d) "4-year scan period" means the 3-year period described in paragraph (c) plus 12 months extending backward from the end of the 3-year period.
(3) The effective date of an owner's certificate issued in conjunction with a quarterly licence shall be deemed to be the first day of January, notwithstanding the actual first quarter date of issue of that licence or the date of issue of quarterly licences for the other quarters of the year.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 323/91, s. (b); 324/91, s. 5; 438/92, s. 4; 404/94, s. 2; 491/95, s. 2; 263/2001, s. 3; 308/2002, s. 2 (a).]
12 (1) The base rate premium for universal compulsory automobile insurance shall be determined from Table 1 of Schedule 1 by reference to
(a) the vehicle rate class applicable to the type of vehicle and the use to which the vehicle is put, and
(b) the territory of the Province set out in Table 3.1 of Schedule 1.
(2) For the purpose of subsection (1), the vehicle rate classes and territories of the Province set out in Tables 2 and 3 of Schedule 1 are established.
(3) Repealed. [B.C. Reg. 259/2001, s. 1.]
Note: For the method of determining the base rate premium for extension insurance, see Appendix 1.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 448/90, s. 4; 323/91, s. (c); 117/96, s. 1 (a); 259/2001, s. 1.]
13 (1) The insured named on a certificate may, within 60 days after being advised by the corporation mailing to him at his last address, according to the corporation's records, a written advice that the corporation has made a chargeable claim payment on his behalf, make a written request that the corporation review the chargeable claim payment and remove it from his claim payment record.
(2) Pending review of the chargeable claim payment, the insured named on the certificate shall pay any premium due for renewal of the certificate to which the chargeable claim payment applies, notwithstanding that the chargeable claim payment results in a change in the level on Table 4 of Schedule 1 that applies to the vehicle described in the certificate.
(3) On receipt of a written request for review under subsection (1), the corporation shall refer the request to a discount review committee for its recommendations.
(4) A discount review committee shall be composed of not less than 3 members appointed by the corporation from among its staff.
(5) On receipt of the recommendations of the discount review committee, the corporation shall
(a) decide whether or not to remove the chargeable claim payment under review from the claim payment record of the insured named on the certificate,
(b) inform the insured named on the certificate of its decision by mailing a written reply to the address mentioned in subsection (1) or the address set out by the certificate holder in his request for review, and
(c) where the level on Table 4 of Schedule 1 that applies to the vehicle described in the certificate is changed as a result of the corporation's decision, refund to the insured named on the certificate the difference between any premium paid by him under subsection (2) and the premium he would have been charged if the chargeable claim payment had been removed before renewal of the certificate.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 292/2000, Sch. B, s. 2.]
14 The premium payable for coverage under Part 6, Part 7, Division 1 of Part 9 and Part 10 in respect of 2 or more motor vehicles for which one licence has been issued under section 9 of the Motor Vehicle Act equals the premium payable for the motor vehicle having the largest annual licence fee prescribed under that Act in respect of the motor vehicles covered by the licence.
[en. B.C. Reg. 383/89, s. 4.]
15 (1) On reporting a change described in section 9 (a) (ii) or (b), the person named on an owner's certificate or a special coverage form referred to in section 149 or 150 shall pay to the corporation or, subject to section 4 of Table 4.1 of Schedule 1, be refunded by the corporation the difference, calculated in accordance with sections 15.3 and 15.4, between the premium paid for the number of days in the term of the owner's certificate or special coverage that are unexpired on the day the change is reported and the premium payable as a result of the change.
(2) The tables set out in Schedule 1 that are in force on the effective date of an owner's certificate or a special coverage referred to in section 149 or 150 continue to apply to any change made in the owner's certificate or special coverage before it expires notwithstanding any intervening amendment to Schedule 1.
Note: For premiums or refunds for changes to extension insurance, see Appendix 1.
[en. B.C. Reg. 383/89, s. 4.]
15.1 (1) Subject to sections 15.3 and 15.4 and section 4 of Table 4.1 of Schedule 1 and to the terms and conditions of the owner's certificate or special coverage, the corporation shall, on
(a) surrender and cancellation of an owner's certificate or a special coverage referred to in section 149 or 150,
(b) surrender of the corresponding vehicle licence and number plates, if applicable, or execution of a lost plate declaration, and
(c) application in the appropriate prescribed form (APV-7, APV-35, APV-46, APV-250L, APV-316 or APV-346) by the person named on the owner's certificate or special coverage form,
refund to the applicant the premium for the number of days in the term of the owner's certificate or special coverage that are unexpired on the date of surrender and cancellation less
(d) where the applicant cancels an owner's certificate for a vehicle that is not part of a fleet, $30,
(e) where the applicant cancels a special coverage referred to in paragraph (a), an amount equal to the minimum premium specified on the special coverage form, and
(f) where the applicant cancels a temporary operation permit and owner's certificate of insurance (APV-16) referred to in section 150 (1) (f), an amount equal to the number of days or part thereof that the temporary operation permit and owner's certificate of insurance was in force, plus $20.
(2) Notwithstanding subsection (1) and subject to section 4 of Table 4.1 of Schedule 1, where the person named on an owner's certificate satisfies the corporation that during the term of the certificate the vehicle described in it has, for a continuous period of one month or more, been in a jurisdiction other than Canada or the United States of America, the corporation may refund to the insured that part of the premium for the owner's certificate that is proportionate to the number of days the vehicle was in the other jurisdiction.
(3) Subject to section 4 of Table 4.1 of Schedule 1, where an owner's certificate is deemed to have lapsed under section 37 (4) of the Act, the corporation may refund to the insured named on the certificate the premium for the number of days remaining unexpired in the certificate on the day on which it is deemed to have lapsed.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 324/91, s. 6; 438/92, s. 5; 424/97, s. 2.]
15.2 (1) Where the corporation is required to refund money under section 15 or 15.1 and, through no fault of the person entitled to the refund, the corporation fails to pay the refund within 60 days after the day the refund was applied for, the corporation shall add to the amount of the refund interest for the period from the end of the 60 days to the date payment is made.
(2) Interest under this section shall be paid at the rate provided in Table 8 of Schedule 1.
[en. B.C. Reg. 383/89, s. 4.]
15.3 (1) A premium payment, refund or adjustment resulting from
(a) the corporation issuing a certificate or a special coverage referred to in section 149 or 150 for a term of less than 365 days,
(b) a change described in section 9 (a) (ii) or (b), or
(c) cancellation of a certificate
shall be calculated per day in accordance with Table 5 of Schedule 1.
(2) Section 15.4 applies in respect of a payment, refund or adjustment referred to in subsection (1).
(3) This section does not apply to a temporary operation permit and owner's certificate of insurance (APV-16) referred to in section 150 (1) (f).
[en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 324/91, s. 7.]
15.4 (1) Any premium payable or refundable under section 15 or 15.1 in respect of an owner's certificate or a special coverage referred to in section 149 or 150 shall be added to any fees payable or refundable under the Motor Vehicle Act or Commercial Transport Act in respect of the vehicle described in the owner's certificate or special coverage form, and, subject to subsection (2), the total shall be the amount payable by or refundable to the person named on the owner's certificate or special coverage form, but no payment shall be required and no refund shall be made if the rounded total is less than $5.
(2) The amount of any premium, refund or discount shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar.
[en. B.C. Reg. 383/89, s. 4.]
15.5 (1) Where, after a discount of premium is made, any premium is payable to or refundable by the corporation in respect of an owner's certificate because of a change described in section 9 (a) (ii) or (b), the discount shall be prorated and the amount payable to or refundable by the corporation shall be based on the amount of premium paid or payable for the term of the certificate that remains unexpired, less the proportionate discount for that unexpired term.
(2) Where, during the term of an owner's certificate, extension insurance or a special coverage is issued or changed in respect of the vehicle described in the certificate, the applicable premium shall be prorated for the number of days covered.
[en. B.C. Reg. 383/89, s. 4.]
15.6 (1) The minimum premium payable to the corporation for an owner's certificate is the greater of the following:
(a) the applicable amount specified in Table 7 of Schedule 1;
(b) the prorated annual premium plus, in the case of a short term certificate, the surcharge set out in Table 4.1 of Schedule 1.
(2) The minimum premium payable to the corporation for a special coverage referred to in section 149 or 150 is the greater of the following:
(a) the amount specified on the special coverage form;
(b) the prorated annual premium plus, in the case of a short term certificate, the surcharge set out in Table 4.1 of Schedule 1.
(3) The minimum premium payable to the corporation for a temporary operation permit and owner's certificate of insurance (APV-16) referred to in section 150 (1) (f) is $13.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 324/91, s. 8; 379/93, s. 2; 490/95, s. 2; 117/96, s. 1 (b).]
15.7 (1) In this section, "registrant" means a person registered as the owner of a vehicle, or a person leasing a vehicle, as the consequence of a transfer or lease that
(a) is not transacted at arm's length between the registrant and a prior registered owner, lessee or lessor, and
(b) is for the purpose of
(i) assisting the prior owner, lessee or lessor to evade paying a debt due and owing to the corporation, or
(ii) permitting the prior owner, lessee or lessor to continue to have the benefit or use of the vehicle without paying a debt due and owing to the corporation or without making an arrangement with the corporation for payment of the debt.
(2) If a registrant obtains an owner's certificate or a special coverage referred to in section 149 or 150 in respect of a vehicle referred to in subsection (1) without having paid all of the unpaid premium owing for
(a) the coverage afforded the prior registered owner, lessee or lessor by any certificate, or
(b) a special coverage, referred to in section 149 or 150, issued to the prior registered owner, lessee or lessor,
an amount equal to the total amount of that unpaid premium, plus all of the interest that has accrued on that unpaid premium under section 15.71, is a debt due and owing to the corporation by the registrant.
(3) If the registrant does not, within 30 days after the corporation has mailed to the registrant at his or her last address, according to the corporation's records, a written demand for payment of the debt referred to in subsection (2) together with a notice of any action the corporation intends to take under this section, pay the debt or make arrangements satisfactory to the corporation for payment of the debt, the corporation may do one or more of the following for so long as any part of the debt remains outstanding:
(a) recover the debt by action in a court of competent jurisdiction;
(b) refuse any further application for insurance by the registrant until the debt is paid;
(c) cancel the owner's certificate or special coverage and any other owner's certificate or special coverage issued in the registrant's name, whether or not
(i) the full premium was paid for the registrant's owner's certificate or special coverage or other owner's certificate or special coverage, and
(ii) the debt arises from a certificate or special coverage issued for a preceding term;
(d) cancel a driver's certificate issued in the registrant's name;
(e) issue a special coverage referred to in section 149 or 150 or an owner's certificate to the registrant with a term of more than 90 days but less than one year.
[en. B.C. Reg. 328/97, s. 3.]
15.71 Without limiting section 15.7 (3), the corporation may recover interest on unpaid premium at the rate set out in Table 8 of Schedule 1.
[en. B.C. Reg. 328/97, s. 3.]
15.72 For the purpose of section 41 of the Act, an arrangement mentioned in section 15.7 (3) of this regulation or a similar arrangement made under section 166 (1) (b) of this regulation does not constitute a default in payment of premium, but if any person defaults in respect of a term of the arrangement, section 15.7 (3) applies to the debt in relation to which the arrangement was made.
[en. B.C. Reg. 328/97, s. 3.]
15.73 If there is any unpaid premium owing to the corporation in respect of an owner's certificate or a special coverage referred to in section 149 or 150, each registered owner of the vehicle for which the owner's certificate or special coverage was issued and, if the vehicle is leased, each registered owner and each lessee of that vehicle, is liable for that unpaid premium whether or not the registered owner or the lessee, as the case may be, was the person who paid for the insurance coverage.
[en. B.C. Reg. 328/97, s. 3.]
15.8 (1) The corporation may recover a service charge in an amount set out in Table 8 of Schedule 1 from a person who makes a payment to it by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment, whether in person or through another savings institution.
(2) For the purposes of subsection (1), the production of a cheque, bill of exchange or order to pay on which is marked "pursuant to clearing rules, this item must not be cleared again unless certified", or other words importing that payment was not made by the savings institution, is evidence that payment was not made.
[en. B.C. Reg. 383/89, s. 4.]
Division 3 � New and Renewal Certificates
16 In this Division, "applicant", in relation to a leased vehicle, includes the lessee of that vehicle.
[en. B.C. Reg. 308/2002, s. 2 (b).]
17 This Division does not apply
(a) in respect of a vehicle that
(i) is part of a fleet,
(ii) is insured under a garage automobile policy, or
(iii) is insured under a garage non-owned automobile policy,
(b) in respect of a trailer,
(c) in respect of a special coverage other than a temporary change endorsement,
(d) in respect of coverage under Division 3 or 4 of Part 9, or
(e) in respect of a vehicle rated in vehicle rate class 310, 320, 710 or 720.
[en. B.C. Reg. 308/2002, s. 2 (b).]
18 An applicant for a certificate must
(a) complete and sign a declaration of entitlement in the applicable form provided by the corporation, and
(b) submit the declaration of entitlement to the corporation.
[en. B.C. Reg. 308/2002, s. 2 (b).]
19 (1) The annual premium for a certificate for a vehicle, other than a U-drive, courtesy vehicle or other vehicle that has no principal operator, must be determined by reference to
(a) the base rate premium for the vehicle,
(b) the claim payment record of the applicant and of the principal operator of the vehicle,
(c) the requirements of section 22, and
(d) the requirements of section 24.
(2) An applicant for a certificate for
(a) a vehicle, other than a U-drive, courtesy car or other vehicle that has no principal operator, must provide to the person receiving the application the name and driver�s licence number of the applicant and of the principal operator of the vehicle, or
(b) a U-drive, courtesy car or other vehicle that has no principal operator, must provide to the person receiving the application the name and driver�s licence number of the applicant.
(3) The annual premium payable by an applicant for a certificate in respect of a U drive, a courtesy car, or other vehicle that has no principal operator must
(a) if the vehicle is a substitute vehicle, be determined by reference to the level on Table 4 of Schedule 1 that applies to the vehicle it replaces, and
(b) in all cases if the vehicle is not a substitute vehicle,
(i) for a new certificate, be the base rate premium for that vehicle, and
(ii) for a renewal certificate, be determined by reference to section 22.
[en. B.C. Reg. 308/2002, s. 2 (b).]
20 (1) Subject to subsection (2), if a chargeable claim payment is currently being used by the corporation to determine the premium for an existing certificate, the corporation must not use the same chargeable claim payment to determine the premium payable for a new or renewal certificate.
(2) If a new certificate is issued for a motor vehicle and that motor vehicle was previously insured in the same applicant�s name within 30 days of the effective date of the new certificate, the corporation may use the chargeable claim payments which are currently being used to determine the premium payable for the existing certificate to determine the premium payable for the new certificate.
(3) If the corporation uses a chargeable claim payment to determine the premium payable for a new certificate, the corporation must recalculate the position on the claim-rated scale for the existing certificate without reference to the same chargeable claim payment.
(4) For the purpose of subsections (2) and (3), the corporation must refund to the applicant any difference in premium rounded to the nearest dollar and an amount ending in 50� must be raised to the next higher dollar, but no difference in premium is refundable if the rounded difference in premium is less than $5.
[en. B.C. Reg. 308/2002, s. 2 (b).]
21 (1) For the purpose of determining the chargeable claim payments made by another insurer that form part of the claim payment record of an applicant or of the principal operator of the vehicle for which a new certificate application is made, the chargeable claim payments must be recorded as of the date of the accident in respect of which the chargeable claim payments were made.
(2) If more than one chargeable claim payment is made by the corporation in respect of one accident, the chargeable claim payments must be recorded as of the date on which the first chargeable claim payment is made following the accident.
[en. B.C. Reg. 308/2002, s. 2 (b).]
22 (1) In this section:
"adjusted previous level", in relation to a vehicle for which application for a renewal certificate is made, means the level that results from adjusting the previous level by reference to the claim payment record of the applicant;
"level" means a level on Table 4 of Schedule 1;
"previous level", in relation to a vehicle for which application for a renewal certificate is made, means the level on Table 4 of Schedule 1 that applies to the vehicle at the time that application for that renewal certificate is made;
"renewal level", in relation to a vehicle for which application for a renewal certificate is made, means the level on Table 4 of Schedule 1 that, in relation to the renewal certificate, applies to the vehicle.
(2) If application is made for a new certificate for a vehicle, or a renewal certificate for a vehicle in respect of which there has been a change in the principal operator, the corporation must determine, by reference to the claim payment record of the applicant and principal operator and the information set out in the declaration of entitlement, the level on Table 4 of Schedule 1 that applies to the vehicle.
(3) If the applicant does not agree with the corporation�s determination under subsection (2), the corporation must, pending a review of its records, make an interim determination based on the information provided in the declaration of entitlement and any additional information provided by the applicant.
(4) If the corporation is unable, from the information provided in the declaration of entitlement, to determine the level that applies to the vehicle or if an interim determination has been made under subsection (3), the corporation must
(a) determine, in accordance with this section, the level on Table 4 of Schedule 1 that applies to the vehicle for which the declaration of entitlement was submitted,
(b) inform the applicant of any change in the vehicle�s level on Table 4 of Schedule 1 and of any resulting adjustment of premium, and
(c) if the change results in a higher premium than was paid immediately before the application under subsection (2), require the applicant to pay the difference, or if the change results in a lower premium than was paid immediately before the application under subsection (2), refund the difference to the applicant.
(5) If, at the time that an application is made for a renewal certificate for a vehicle in respect of which there is no change in principal operator, and the previous level has applied to the vehicle for at least one year, the vehicle�s renewal level is to be determined as follows:
(a) if no chargeable claim payment has been made in respect of the vehicle during the one-year scan period, the renewal level is to be one level below the adjusted previous level unless a lower renewal level applies to the vehicle under paragraph (b);
(b) if no chargeable claim payment has been made in respect of the vehicle or the applicant during the 3-year scan period but one or more chargeable claim payments have been made in respect of the vehicle or the applicant during the 4-year scan period, the renewal level is to be the lower of
(i) level 0, and
(ii) the level the vehicle was at, adjusted by reference to the claim payment record of the applicant, when the most recent chargeable claim payment was made in respect of the vehicle;
(c) if one chargeable claim payment has been made in respect of the vehicle during the one-year scan period, the renewal level is
(i) 6 levels higher than the adjusted previous level if the adjusted previous level was level -3 or higher,
(ii) 5 levels higher than the adjusted previous level if the adjusted previous level was level -4, -5, -6, -7 or -8,
(iii) 4 levels higher than the adjusted previous level if the adjusted previous level was level -9, -10, -11, -12, -13 or -14,
(iv) 3 levels higher than the adjusted previous level if the adjusted previous level was level -15 or lower, or
(v) despite subparagraphs (i) to (iv), if the person who was operating the vehicle at the time of the accident that resulted in the chargeable claim payment
(A) is the owner of the vehicle and, in connection with that accident, is convicted of an offence referred to in section 55 (8) (b), (c) or (d) of this regulation or under section 24 (1) or (2) of the Motor Vehicle Act,
(B) is not the owner of the vehicle and, in connection with that accident, is convicted of
(I) an offence referred to in section 55 (8) (b) (i) of this regulation other than an offence under section 259 (4) of the Criminal Code,
(II) an offence referred to in section 55 (8) (c) or (d) of this regulation, or
(III) an offence under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision referred to in subclause (I), or
(C) is not the owner of the vehicle and, in connection with that accident, is convicted of
(I) an offence referred to in section 55 (8) (b) (ii) of this regulation,
(II) an offence under section 24 (1) or (2) of the Motor Vehicle Act,
(III) an offence under section 259 (4) of the Criminal Code, or
(IV) an offence under a provision of the law of another jurisdiction in Canada or the United States of America that is similar to a provision referred to in subclauses (I), (II) or (III),
and the owner of the vehicle knew that the person operating the vehicle was prohibited or disqualified from driving, the renewal level is 6 levels higher than the adjusted previous level;
(d) if more than one chargeable claim payment has been made in respect of the vehicle during the one-year scan period, the renewal level is that determined under subsection (6).
(6) For the purposes of subsection (5) (d), for each chargeable claim payment made in the one-year scan period, starting with the oldest of those payments and ending with the most recent of those payments, a new level is to be determined for the vehicle under subsection (5) (c) in respect to each chargeable claim payment and, for that purpose, a reference in subsection (5) (c), as it applies for the purposes of this subsection, to "adjusted previous level" means
(a) in respect to the level determined in relation to the first chargeable claim payment made in the one-year scan period, the adjusted previous level as defined in subsection (1), and
(b) in respect to every other level determined under this subsection in relation to a chargeable claim payment, the level determined under this subsection in relation to the previous chargeable claim payment.
(7) If at the time that application is made for a renewal certificate for a vehicle in respect of which there is no change in principal operator, and the previous level has applied to the vehicle for less than one year, the vehicle�s renewal level is to be determined as follows:
(a) if no chargeable claim payment has been made in respect of the vehicle during the one-year scan period or if any chargeable claim payment made in respect of the vehicle within that period had been taken into account when determining a previous renewal level for the vehicle, the renewal level is to be the same level as the adjusted previous level;
(b) if one or more chargeable claim payments have been made in respect of the vehicle during the one-year scan period, the renewal level is to be determined in accordance with subsection (5) (c) if only one of those chargeable claim payments has not been previously taken into account in determining a renewal level for the vehicle;
(c) if 2 or more chargeable claim payments have been made in respect of the vehicle during the one-year scan period, the renewal level is to be determined in accordance with subsection (5) (d) if 2 or more of those chargeable claim payments have not been previously taken into account in determining a renewal level for the vehicle.
(8) Despite subsections (1) to (7), if the level that applies to a transitioned vehicle as defined in Schedule 9 on January 1, 2000, is -2, -4, -6 or -8
(a) the lowest renewal level that can apply to that transitioned vehicle is level 8 unless
(i) there has been a period of 8 consecutive years within which no chargeable claim payment was made in respect of the vehicle,
(ii) a chargeable claim payment has been made in respect of the vehicle, or
(iii) the vehicle�s adjusted previous level is different than the vehicle�s previous level, and
(b) if, before the completion of the period referred to in paragraph (a) (i), one or more chargeable claim payments is made in respect of a transitioned vehicle or that vehicle�s adjusted previous level is different than its previous level, the first renewal level to be determined after the first of those payments is made or the adjusted previous level is applied, is to be determined in accordance with this section as if
(i) the adjusted previous level for the vehicle, or
(ii) in a case to which subsection (6) applies, the adjusted previous level for the vehicle under subsection (6) (a)
were the "Corrected Level" referred to in Table 2 of Schedule 9 that is applicable to that vehicle.
(9) Despite any other provision of this section, for the purposes of this Part, if application is made for a renewal certificate for a vehicle and more than one year has elapsed since the expiry of the preceding certificate, the vehicle�s renewal level is to be determined in accordance with subsection (2).
[en. B.C. Reg. 308/2002, s. 2 (b).]
23 (1) The annual premium payable by an applicant for a certificate for a vehicle is
(a) if level 0 on Table 4 of Schedule 1 applies to the vehicle, the base rate premium,
(b) if a level lower than level 0 applies to the vehicle, the base rate premium less a discount equal to the percentage of the base rate premium that relates to the level applicable to the vehicle, or
(c) if a level higher than level 0 applies to the vehicle, the base rate premium plus a surcharge equal to the percentage of the base rate premium that relates to the level applicable to the vehicle.
(2) The premium payable by an applicant for a short term certificate for a vehicle is the amount payable under subsection (1) prorated in accordance with section 15.3, plus a surcharge in the amount determined in accordance with Table 4.1 of Schedule 1.
[en. B.C. Reg. 308/2002, s. 2 (b).]
24 (1) For the purposes of sections 22 and 23 (1), a vehicle is not eligible for application of the following levels and the applicant is not eligible to receive the corresponding discount unless,
(a) for level -1, the principal operator of the vehicle has held a driver�s licence for a period equivalent to the one-year scan period, and
(b) for each succeeding lower level, the principal operator of the vehicle has held a driver�s licence for a period equivalent to the one-year scan period plus one year for each level below level -1.
(2) In this section, "driver�s licence" includes a driver�s licence issued in another jurisdiction.
(3) For the purpose of this section, the corporation may reduce the period for which a principal operator has held a driver�s licence by the period of any suspension, cancellation or voluntary surrender of the principal operator�s driver�s licence or any period during which the principal operator was prohibited from driving.
[en. B.C. Reg. 308/2002, s. 2 (b).]
25 For the purpose of section 19 of the Act, a declaration of entitlement is deemed to be an application for an owner�s certificate.
[en. B.C. Reg. 308/2002, s. 2 (b).]
26 (1) Subject to subsections (2) and (3), the corporation must not accept a declaration of entitlement from an applicant for a new certificate if either the applicant or the principal operator was insured by another insurer during the 8 years preceding the date of the application unless the applicant attaches to the declaration of entitlement written statements from each insurer who insured the applicant or principal operator for those years verifying
(a) whether or not the insurer made chargeable claim payments on behalf of the applicant or principal operator during the period the applicant or principal operator was insured by the insurer, and
(b) the date of the accident in respect of which the chargeable claim payments were made.
(2) If one or more of the verifications required under subsection (1) is not attached to the declaration of entitlement, the corporation must determine the level on Table 4 of Schedule 1 that applies to the vehicle for which application is made as if the continuous claim payment record of the applicant or principal operator, for the number of years immediately preceding the date of application for which all verification required is attached, were the applicant�s or principal operator�s claim payment record with the corporation.
(3) If, on application for a new certificate, an applicant cannot produce any of the verifications required by this section, the corporation must
(a) if the applicant or principal operator or both hold a British Columbia driver�s licence, determine the level on Table 4 of Schedule 1 that applies to the vehicle for which application is made as if the driving record of the applicant or principal operator or both under the Motor Vehicle Act were the claim payment record of the applicant, or
(b) in any case other than under paragraph (a), process the application on payment of the base rate premium.
(4) If, within 6 months after the date of application under subsection (1), an applicant to whom subsection (2) or (3) applies provides the corporation with
(a) the written statement or statements of verification,
(b) a properly completed application for claim-rated scale discount in the form provided by the corporation, and
(c) payment of a service charge of $20 in respect of each vehicle for which application is made,
the corporation must redetermine or determine the level on Table 4 of Schedule 1 that applies to the vehicle for which the application is made and, if the premium paid by the applicant exceeds the premium the applicant was liable to pay, refund the difference to the applicant.
[en. B.C. Reg. 308/2002, s. 2 (b).]
27 (1) If an applicant described in section 26 (1) applies for a new certificate for a vehicle and complies with that section, the level on Table 4 of Schedule 1 that applies to the vehicle must be determined by the corporation as if the applicant and the principal operator had been insured with the corporation during the preceding 8 years from the date of application for a new certificate.
(2) If the corporation has not made a chargeable claim payment on behalf of the applicant or the principal operator during the 8 years from the date of application for a new certificate, the step must be no higher than level 0.
[en. B.C. Reg. 308/2002, s. 2 (b).]
28 Notwithstanding section 17, the premium payable by an applicant for a certificate in respect of a vehicle that previously formed part of a fleet or was insured under a garage automobile policy must be determined in accordance with section 19, but the claim payment record of the applicant must be determined as though the applicant had operated the vehicle as a vehicle that was not part of a fleet or was not insured under a garage automobile policy.
[en. B.C. Reg. 308/2002, s. 2 (b).]
29 (1) If the corporation determines the premium payable by an applicant for a renewal certificate for a vehicle without reference to one or more chargeable claim payments made in respect of the vehicle, the corporation may, when the applicant next applies to the corporation for a renewal of certificate for the vehicle, determine the premium payable for the vehicle by reference to any chargeable claim payments made within a 2-year scan period that were not referenced when the certificate was last renewed.
(2) A chargeable claim payment referenced under subsection (1) is deemed to be a chargeable claim payment made during the one-year scan period for a loss or claim that occurred during the 4-year scan period.
[en. B.C. Reg. 308/2002, s. 2 (b).]
30 to 37.1 Repealed. [B.C. Reg. 308/2002, s. 2 (b).]
Division 5 � Disability Discount
38 This Division does not apply
(a) in respect of
(i) a vehicle that is part of a fleet or is insured under a garage automobile policy,
(ii) a special coverage, or
(iii) a fee prescribed under the Motor Vehicle Act, or
(b) where it would result in a premium of less than $5.
[en. B.C. Reg. 383/89, s. 4.]
39 (1) The owner or lessee of a motor vehicle qualifies for the disability discount if
(a) the owner or lessee has been approved as qualified under section 23 of the Motor Fuel Tax Act as a person eligible to receive a motor fuel tax rebate, and
(b) the motor vehicle is rated in vehicle rate class 001, 002, 003, 004, 005, 007, 011, 012, 013, 014, 017, 021, 022, 023, 024, 027, 051, 055, 310, 311, 312, 313, 314, 320, 321, 322, 323 or 324.
(2) Despite subsection (1) (a), an owner or lessee who on December 31, 1995 was receiving the disability discount for a motor vehicle, other than a motor vehicle rated in vehicle rate class 701, 705, 710, 711, 712, 713, 714, 720, 721, 722, 723 or 724, is deemed eligible to continue receiving the disability discount so long as there is no lapse in coverage.
(3) A person qualifies for the disability discount on only one vehicle.
[en. B.C. Reg. 491/95, s. 7; am. B.C. Reg. 209/2000, s. 1.]
40 The amount of the disability discount is set out in Table 9 of Schedule 1.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 491/95, s. 8.]
41 Where a person qualifies for the disability discount,
(a) the disability discount shall be deducted from the basic premium payable by the applicant for universal compulsory automobile insurance, and
(b) the claim-rated scale shall be separately calculated against the applicable net premium obtained by deducting the disability discount from the basic premium.
[en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 491/95, s. 8.]
41.1 to 41.4 Repealed. [B.C. Reg. 292/2000, Sch. B, s. 13.]
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