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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Motor Vehicle Act

[RSBC 1996] CHAPTER 318

Part 2.1 — Appeals and Show Cause Hearings

Definitions

118.1  In this Part:

"business day" means a day other than Saturday, Sunday or another holiday listed in the definition of "holiday" in the Interpretation Act;

"person affected by a proposed action of the corporation" means a person whose licence is the subject of an action, described in section 118.4 (a) or (b), that is proposed by the Insurance Corporation of British Columbia;

"superintendent", with reference to a particular show cause hearing or appeal, includes a person, if any, to whom the hearing or appeal is referred under section 118.2 to that hearing or appeal.

Superintendent may assign appeal officers

118.2  The superintendent, in writing, may refer a specified appeal or show cause hearing under this Part to be considered and decided by the individuals the superintendent considers qualified to preside at appeals and show cause hearings under this Part.

Jurisdiction

118.3  (1) The superintendent

(a) has jurisdiction to consider and decide appeals and show cause hearings under this Part,

(b) may establish, subject to the regulations, his or her own practices and procedures for appeals and show cause hearings under this Part, and

(c) is not bound by the legal or technical rules of evidence or by decisions made under section 118.2 in appeals or show cause hearings under this Part.

(2) An individual to whom an appeal or show cause hearing is referred under section 118.2 has all the jurisdiction and may exercise the powers and perform the duties of the superintendent, in relation to that appeal or show cause hearing.

Right to show cause to the superintendent against certain proposed actions

118.4  A person affected by a proposed action of the Insurance Corporation of British Columbia, which action is described in paragraph (a) or (b), must be given an opportunity to show cause why the proposed action should not be taken:

(a) the cancellation of the person's driver training school licence;

(b) the cancellation of the person's driver training instructor's licence.

(c) and (d) [Repealed 2003-11-8.]

(e) [Repealed 2015-13-11.]

Show cause procedure

118.5  (1) The Insurance Corporation of British Columbia must deliver notice to a person affected by a proposed action of the corporation, informing the person of

(a) the proposed action and the reasons for it, and

(b) the person's right under this Part to show cause, at a hearing before the superintendent, why the proposed action should not be taken.

(2) The person affected by the proposed action may file with the superintendent, before expiry of the prescribed time limit, a notice of intention to show cause.

(3) If the person affected by the proposed action does not file a notice of intention to show cause within the time limit prescribed for the purpose of subsection (2), the superintendent may authorize the corporation to proceed with the proposed action.

(4) If the person affected by the proposed action files a notice of intention as set out in subsection (2), the superintendent must set the time and place for the show cause hearing and give notice of the hearing to the Insurance Corporation of British Columbia and to the person.

Show cause hearing decisions

118.6  After hearing the evidence of the Insurance Corporation of British Columbia and the person affected by the proposed action at the show cause hearing held under section 118.4, the superintendent may direct that the Insurance Corporation of British Columbia take or refrain from taking the proposed action that was the subject of the hearing.

Right of appeal — certain other decisions

118.7  A person affected by any of the following decisions of the Insurance Corporation of British Columbia may appeal the decision to the superintendent:

(a) under section 25 (14), the imposition of a restriction or condition in respect of the person's driver's licence;

(b) under section 26 (1), the refusal to issue a driver's licence;

(b.1) under section 26.1, cancellation of the person's driver's licence;

(b.2) under section 27, issuance of a short term driver's licence;

(c) under section 91, the prohibition of the person from driving a motor vehicle;

(d) the refusal to issue to the person a driver training school licence or a driver training instructor's licence;

(d.1) the refusal to renew the person's driver training school licence or driver training instructor's licence;

(d.2) the suspension of the person's driver training school licence or driver training instructor's licence;

(e) [Repealed 2003-11-9.]

(f) [Repealed 2015-13-12.]

(g) [Repealed 2003-11-9.]

(h) the refusal to accept proof of the person's financial responsibility in the form of a certificate referred to in section 106 (2) (b), on the grounds that the person is not an extraprovincial undertaking within the meaning of section 106 (3);

(i) the refusal to issue to the person a financial responsibility card, decal or sticker referred to in section 111;

(j) the cancellation of the person's financial responsibility card.

Appeal procedure

118.8  The time limit for commencing an appeal under section 118.7 is 30 business days, beginning on the day after the appellant is notified of the Insurance Corporation of British Columbia's decision.

Written submissions

118.9  (1) On an appeal under section 118.7, the superintendent may order the Insurance Corporation of British Columbia and the appellant to deliver written submissions.

(2) If the appellant fails to deliver a written submission ordered under subsection (1) within the time specified in the order, the superintendent may dismiss the appeal.

(3) The superintendent must ensure that the Insurance Corporation of British Columbia and the appellant each has the opportunity to review written submissions from the other and an opportunity to rebut the written submissions.

(4) If the superintendent is satisfied that the matter can be disposed of on the basis of the written submissions delivered, he or she may decide the appeal on that basis without a further hearing.

Powers of superintendent on an appeal

118.91  On considering an appeal, the superintendent may

(a) confirm, vary or rescind the decision appealed from,

(b) make any decision that the Insurance Corporation of British Columbia could have made in the first instance, or

(c) refer the matter back to the Insurance Corporation of British Columbia with or without directions.

Regulations

118.92  The Lieutenant Governor in Council may make regulations as follows:

(a) governing how an appeal or a show cause hearing under this Part is to be commenced and conducted;

(b) respecting the consequences of non-compliance with the rules governing appeals and show cause hearings under this Part;

(c) respecting the status of decisions of the Insurance Corporation of British Columbia pending appeals to the superintendent from those decisions;

(d) respecting service, including substitute service, of documents;

(e) [Repealed 2002-25-59.]

(f) prescribing fees, payable by the Insurance Corporation of British Columbia, persons affected by proposed actions of the corporation and appellants, in respect of appeals and show cause hearings under this Part, which may differ according to the type of proposed action or the type of decision that gives rise to the right of appeal or the right to show cause;

(g) in prescribed circumstances or on prescribed conditions, exempting particular persons or classes of persons from a fee prescribed under this Part;

(h) respecting qualifications to be possessed by individuals to whom appeals and show cause hearings may be referred under section 118.2.

Repealed

118.93  [Repealed 2003-11-10.]

Contents | Part 1 | Part 2 | Part 2.1 | Part 2.2 | Part 3 | Part 3.1 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9