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B.C. Reg. 447/83
O.C. 1897/83
Deposited December 1, 1983
This consolidation is current to November 6, 2018.
See the Cumulative B.C. Regulations Bulletin 2018
for amendments effective after November 6, 2018.
Link to consolidated regulation (PDF)
Link to Point in Time

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

[includes amendments up to B.C. Reg. 105/2018, January 1, 2018]

Part 4 — Driver's Certificates

Interpretation

42   (1) In this Part:

"insured" means

(a) a resident named on a driver's certificate other than a person driving a vehicle that is exempted under section 43 or 44 of the Act, or

(b) for the purpose of payment of insurance money, if the person referred to in paragraph (a) is deceased, the personal representative of that person;

"resident" means a person who is ordinarily resident in the Province, and includes

(a) a student who is temporarily outside the Province for the purpose of studying at a school, college, university, institute or other similar educational, artistic or professional training facility, or

(b) a member of the Canadian Armed Forces or the Royal Canadian Mounted Police who is regularly stationed in the Province but is temporarily posted outside the Province.

[en. B.C. Reg. 166/2006, Sch. s. 29.]

Certificate incorporated in licence

43   (1) For the purpose of the Act and this regulation,

(a) a driver's certificate is deemed to be incorporated into every valid and subsisting driver's licence

(i) when the driver's licence is issued, and

(ii) subject to paragraph (a.1), at the beginning of the day following each subsequent anniversary date of the driver's birth,

(a.1) unless suspended, cancelled or revoked under the Act or this regulation, a driver's certificate is valid and of effect until the earlier of

(i) the date on which the driver's licence expires, and

(ii) the end of the day on the next anniversary date of the driver's birth,

(b) the person named on a driver's licence shall be deemed to be the person named on the driver's certificate,

(c) the signature of the president of the corporation on a driver's licence shall be deemed to be the signature of the president of the corporation on the driver's certificate deemed to be incorporated in the driver's licence, and

(d) an application for the issue, renewal, replacement or reinstatement of a driver's licence shall be deemed to be an application to the corporation for the issue, renewal, replacement or reinstatement of a driver's certificate.

(2) Repealed. [B.C. Reg. 257/86, s. 10.]

[am. B.C. Regs. 257/86, s. 10; 312/96, s. 3; 441/98, s. 5.]

Repealed

44-44.2   Repealed. [B.C. Reg. 166/2006, Sch. s. 30.]

Notice of assessment

45   (1) If a premium is payable for a driver's certificate, the corporation must mail to the person named in the certificate a notice of assessment of premium for the period specified in the notice.

(2) Repealed. [B.C. Reg. 257/86, s. 12.]

(3) The total amount set out in the notice of assessment of premium under subsection (1) is payable to the corporation by the person named on the driver's certificate in accordance with that notice.

(4) Repealed. [B.C. Reg. 166/2006, Sch. s. 31 (b).]

[am. B.C. Regs. 257/86, s. 12; 408/87, s. 15; 491/95, s. 9; 292/2000, Sch. A, s. 5; 166/2006, Sch. s. 31.]

Repealed

45.1-46   Repealed. [B.C. Reg. 166/2006, Sch. s. 30.]

Rounding and prorating of premiums and refunds

47   (1) Any premium payable to or refundable by the corporation under this Part shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar, but no premium is payable or refundable if the rounded premium is less than $2.

(2) Where the term remaining unexpired in a driver's certificate on the day it is issued is less than one year, the amount of premium payable by the applicant for the certificate is the amount established by the corporation prorated for the number of days remaining unexpired on the day the certificate is issued.

[am. B.C. Reg. 166/2006, Sch. s. 32.]

Application of other sections

48   Sections 7 and 15.7 apply in respect of a driver's certificate.

[am. B.C. Reg. 383/89, s. 7.]

Indemnity

49   (1) Subject to section 49.1, the corporation shall indemnify an insured who is not in default of premium payable under section 45 for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that

(a) arises out of the use or operation by the insured of a vehicle

(i) not owned by the insured or a member of the insured's household, or

(ii) not rented to the insured as a leased vehicle or rented to a member of the insured's household as a leased vehicle, and

(b) occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America

unless

(c) the insured is operating the vehicle without the consent of the owner and does not have reasonable grounds to believe that he has the consent of the owner,

(d) the insured is operating the vehicle in connection with the business of a garage service operator,

(e) the vehicle is owned or regularly operated by the insured,

(f) the vehicle is used for carrying passengers for compensation or hire or for commercial use,

(g) the vehicle is in fact not licensed under the Motor Vehicle Act, the Commercial Transport Act or similar legislation of another jurisdiction and the insured does not have reasonable grounds to believe the vehicle is licensed, or

(h) the insured is operating an all terrain vehicle licensed under section 24.04 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations.

(2) Sections 70 to 76 apply in respect of indemnity under this section.

[en. B.C. Reg. 257/86, s. 13; am. B.C. Regs. 408/87, s. 16; 383/89, s. 8; 324/91, s. 13; 166/2006, Sch. s. 33, as am. by 46/2007, Sch. 1, s. 4; 341/2007, s. 5.]

Limit of liability

49.1   (1) Subject to sections 18 (4) and 77 (1) of the Act, where an insured is liable for injury or death of another or loss or damage to property of another, the liability of the corporation to the insured for payment of indemnity under section 49 in respect of all claims against the insured arising out of the same occurrence is limited to the applicable amount set out in section 1 (1.1) of Schedule 3.

(2) Repealed. [B.C. Reg. 166/2006, Sch. 34 (b).]

(3) In addition to the amount by which liability is limited under subsection (1), the corporation shall reimburse the insured for the payments and pay the costs referred to in section 69 that are within the limit set out in section 1 (1.1) of Schedule 3.

[en. B.C. Reg. 257/86, s. 1; am. B.C. Reg. 166/2006, Sch. s. 34.]

Priority of claims

49.2   For the purpose of payment of indemnity under section 49, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under section 49.1 and, subject to section 77 (1) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under section 49.1.

[en. B.C. Reg. 257/86, s. 13; am. B.C. Reg. 166/2006, Sch. s. 35.]

Other coverage

49.3   (1) In addition to indemnity under section 49, a driver's certificate evidences that an insured who is not in default of premium payable under section 45 has

(a) coverage under Part 7,

(b) coverage under section 148, and

(c) coverage under Division 2 of Part 10.

(2) Repealed. [B.C. Reg. 379/93, s. 3.]

[am. B.C. Regs. 379/93, s. 3; 166/2006, Sch. s. 36.]

Other insurance

50   (1) If a driver's certificate and an owner's certificate or vehicle liability policy evidence third party liability insurance coverage for the same occurrence, the third party liability insurance coverage evidenced by the owner's certificate or vehicle liability policy is primary insurance.

(2) Third party liability insurance coverage evidenced by a driver's certificate is available only to the extent of the amount by which the limit of liability specified in respect of the driver's certificate exceeds the total of the amounts specified in an owner's certificate or vehicle liability policy.

[en. B.C. Reg. 166/2006, Sch. s. 37, as am. by 46/2007, Sch. 1, s. 5.]

Repealed

51   Repealed. [B.C. Reg. 166/2006, Sch. s. 38.]

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Schedules 1 to 10