B.C. Reg. 447/83
O.C. 1897/83
Deposited December 1, 1983

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 385/2012, March 18, 2013]

Point in Time

Part 5 — Conditions of Certificate

Substitute vehicles

52  Where an owner of a vehicle described in an owner's certificate

(a) acquires, during the term of the owner's certificate, another vehicle in substitution for the described vehicle,

(b) transfers title to or interest in the described vehicle, and

(c) removes the number plates from the described vehicle, in accordance with section 3.05 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, and displays them on the substitute vehicle,

the coverage evidenced by the owner's certificate applies in respect of the substitute vehicle for a period of 10 days from the day the owner acquires the substitute vehicle.

[am. B.C. Regs. 335/84, s. 14; 166/2006, s. 40.]

Leased vehicle coverage

53  (1) An owner's certificate issued to an applicant who has complied with section 8 evidences coverage under Parts 6 and 7 and Division 1 of Part 10 for

(a) the renter, and the renter's household,

(b) the driver assigned by the renter to operate the leased vehicle and that driver's household, and

(c) every person operating the vehicle with the renter's consent.

(2) A reference in subsection (1) to a renter includes a subrenter of the renter.

[am. B.C. Regs. 438/92, s. 6; 452/2003, s. 2; 166/2006, s. 41; 341/2007, ss. 3 and 6.]

Extension of coverage on seizure

54  Where a person acting under the authority of a lienholder takes possession of a vehicle under the lienholder's right of repossession, the coverage in force in respect of the vehicle at the time it was repossessed is extended to and continues in force for the benefit of that person, the lienholder and the owner, if the person acting under the authority of the lienholder

(a) moves the vehicle immediately and as directly as reasonably possible to the nearest safe place of storage, and

(b) at the place of storage immediately removes the number plates from the vehicle and delivers them to the owner or corporation.

[am. B.C. Reg. 312/96, s. 1.]

Repealed

54.1  Repealed. [B.C. Reg. 166/2006, s. 42.]

Breach of conditions

55  (1) In this section, "insured" means an insured as defined in section 42, 63, 65, 78 or 148.1 (1) and includes an insured under a special coverage certificate or a fleet reporting certificate issued under section 168.

(1.1) The corporation is not liable to an insured who breaches a condition of this section or is deemed under subsection (7.1) or (8) to have breached a condition of section 49 and Part 6.

(2) An insured must not operate a vehicle for which coverage is provided under section 49 or Part 6 contrary to the statements contained in the application for insurance for the vehicle, including, but not limited to

(a) the use declared in the application for insurance for the vehicle,

(b) a statement relating to the time during which, and the territories in which, the vehicle may be operated, and

(c) a statement relating to the kind of goods or number of passengers that may be carried in or on the vehicle.

(2.1) Repealed. [B.C. Reg. 166/2006, s. 43 (c).]

(3) An insured shall not operate a vehicle for which coverage is provided under section 49 or 49.3 (1) (a) and (c), Part 6 or 7, or Division 2 of Part 10

(a) if the insured is not authorized and qualified by law to operate the vehicle,

(b) for an illicit or prohibited trade or transportation,

(c) to escape or avoid arrest or other similar police action, or

(d) in a race or speed test.

(3.1) An insured does not breach a condition of subsection (3) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on his or her driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.072 (1) (a) or (b), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of B.C. Reg. 26/58.

(4) An insured shall not operate a motor vehicle for which coverage is provided under section 49 or Part 6 if there is attached to the motor vehicle a trailer that is required to be registered and licensed under the Motor Vehicle Act or Commercial Transport Act and is not so registered and licensed.

(5) An insured named in a certificate or special coverage certificate must not permit the vehicle described in the certificate or special coverage certificate to be operated by a person or for a purpose that breaches a condition of this section or Part 6.

(6) Repealed. [B.C. Reg. 166/2006, s. 43 (c).]

(7) Use of a vehicle does not contravene subsection (2) if the premium paid for the vehicle rate class applicable to the use set out in the application for insurance is greater than or equal to the premium established by the corporation for the vehicle rate class applicable to the use to which the vehicle is put.

(7.1) An insured shall be deemed to have breached a condition of section 49 and Part 6 where the injury, death, loss or damage in respect of which his claim is made is caused by or results from an intentional act of violence committed by the insured, while sane, by means of a vehicle.

(8) An insured shall be deemed to have breached a condition of section 49 and Part 6 where

(a) the insured is operating a vehicle while the insured is under the influence of intoxicating liquor or a drug or other intoxicating substance to such an extent that he is incapable of proper control of the vehicle,

(b) the insured is convicted of

(i)   a motor vehicle related Criminal Code (Canada) offence,

(ii)   an offence under section 95 or 102 of the Motor Vehicle Act, 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 mentioned in subparagraph (i) or (ii),

(c) the insured is convicted of an offence under section 253 (b) of the Criminal Code (Canada), section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States that is similar to either of those sections and the accident in respect of which the insured's claim is made occurred during the insured's commission of the offence and while the insured was operating a vehicle, or

(d) the insured is convicted of an offence under section 254 (5) of the Criminal Code (Canada), 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 in respect of which the insured's claim is made occurred within the 2 hours preceding the insured's commission of the offence and while the insured was operating a vehicle.

(9) In subsection (8):

"convicted" includes being

(a) convicted under the Young Offenders Act (Canada) for contravening a provision mentioned in the definition of "motor vehicle related Criminal Code (Canada) offence" or section 253 (b) or 254 (5) of the Criminal Code, and

(b) convicted or the subject of 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 mentioned in subsection (8) (b) (iii), (c) or (d);

"motor vehicle related Criminal Code offence" means an offence under section 220, 221, 249, 252, 253 (a), 255 (2) or (3) or 259 (4) of the Criminal Code (Canada) committed while operating or having care or control of a vehicle or that was committed by means of a vehicle.

[am. B.C. Regs. 335/84, s. 15; 379/85, ss. 26, 27; 257/86, s. 16; 408/87, s. 17; 449/88, s. 8; 383/89, s. 9; 70/90; 448/90, s. 10; 324/91, s. 16; 491/95, s. 10; 347/96, s. 1; 257/98; 441/98, s. 6; 380/2000, s. 2; 263/2001, s. 5; 309/2002, ss. 3 and 4; 354/2003, s. (a); 166/2006, s. 43; 3/2010, s. (a).]

Exclusion

56  (1) The corporation is not liable

(a) under Part 4, 6, 7 or 10 in respect of injury, death, loss or damage arising, directly or indirectly, out of radioactive, toxic, explosive or other hazardous properties of prescribed substances under the Atomic Energy Control Act (Canada),

(b) under section 20 or 24 of the Act or section 49.3, Part 7 or Part 10 in respect of injury, death, loss or damage arising, directly or indirectly out of a declared or undeclared war or insurrection, rebellion or revolution, or

(c) under section 20 or 24 of the Act or section 49, 49.3 (1) (b), Part 6 or Part 10 in respect of punitive or exemplary damages or other similar non-compensatory damages.

(2) Subsection (1) (a) does not apply to the carriage of radio-isotopes that are

(a) packaged and labelled in accordance with the Transportation of Dangerous Goods Act (Canada), and

(b) to be used for medical treatment, research, photography, x-ray or other similar purposes utilizing radio-isotopes.

[am. B.C. Regs. 335/84, s. 16; 257/86, s. 17; 449/88, s. 9; 383/89, s. 10; 324/91, s. 17; 491/95, s. 10; 347/96, s. 2; 263/2001, s. 6; 298/2002, s. 2; 166/2006, s. 44.]

Special coverage certificate

56.1  A reference in this Part to Part 6, 7 or 10 includes coverage under Part 6, 7 or 10 that is evidenced by a special coverage certificate or by a fleet reporting certificate issued under section 168.

[en. B.C. Reg. 166/2006, s. 45.]

Garage exclusion

57  (1) Where a vehicle owned by a customer of a garage service operator is in the care, custody or control of the garage service operator or his employee for a purpose relating to the business of a garage service, no coverage is provided under Part 6 or 7 to the garage service operator or an employee of the garage service operator under the owner's certificate issued in respect of the customer's vehicle.

(2) This section does not operate to exclude

(a) a garage service operator or his employee from coverage under an owner's certificate issued in respect of a vehicle that

(i)   the garage service operator or his employee owns, and

(ii)   is in the care, custody or control of the garage service operator or his employee for a purpose relating to the business of the garage service operator, or

(b) a customer of a garage service operator from coverage under an owner's certificate issued to him, if the garage service operator

(i)   is not insured, or is insufficiently insured, under a garage vehicle certificate, and

(ii)   is liable for an accident for which the owner's certificate would, except for subsection (1), provide coverage.

[am. B.C. Regs. 449/88, s. 1; 441/98, s. 7; 166/2006, s. 24; 46/2007, Sch, 2, s. 1.]

Repealed

58  Repealed. [B.C. Reg. 166/2006, s. 46.]

Financial assistance

58.1  (1) In this section:

"financial institution" means a savings institution that, under a contractual arrangement with the corporation, agrees to provide financial assistance to an owner for the purchase from the corporation of a certificate;

"owner" includes

(a) a person registered as the owner of a vehicle, and

(b) a renter of a vehicle that is rented by that person as a leased vehicle.

(2) An owner may make application to the financial institution for financial assistance, in respect of all or part of the premium, licensing and registration fees, administrative fees and other charges agreed to by the corporation, to purchase from the corporation a certificate.

(3) If an owner defaults on the repayment of financial assistance provided to the owner by the financial institution and the corporation pays the amount of the default by way of assignment of the debt from the financial institution, the total amount of the default, including interest and other charges, is a debt of the owner due and owing to the corporation.

(4) Repealed. [B.C. Reg. 328/97, s. 4.]

[en. B.C. Reg. 347/94; am. B.C. Regs. 328/97, s. 4; 166/2006, s. 47; 341/2007, s. 7.]

Waiver of term or condition

59  (1) Where the corporation waives a condition of section 55 that is related to rating a vehicle to determine premium, it may as a condition of insurance require the insured in whose favour the waiver is exercised to pay an amount equal to the difference between the premium paid and the premium that would have been payable if the vehicle had been correctly rated.

(2) Repealed. [B.C. Reg. 166/2006, s. 48.]

[am. B.C. Reg. 166/2006, s. 48.]

Ex gratia payments

60  Where the corporation considers that payment of a doubtful or disputed claim is in the interest of the corporation and of the better administration of the Act, the regulations or the plan, the corporation may authorize an ex gratia payment to be made.

Extraprovincial undertakings

61  (1) An owner or operator of an extraprovincial undertaking who elects to give proof of financial responsibility in respect of a vehicle under section 106 (2) (b) of the Motor Vehicle Act shall be deemed to have so elected in respect of every vehicle owned by the extraprovincial undertaking or rented to the extraprovincial undertaking as a leased vehicle.

(2) If the owner or operator of an extraprovincial undertaking obtains duplicate coverage by insuring a vehicle under an owner's certificate and under vehicle insurance issued by an insurer authorized for that purpose under the Financial Institutions Act or under a similar law of another jurisdiction, the coverage provided by that vehicle insurance is primary insurance and the owner's certificate continues to provide insurance

(a) in respect of third party liability insurance coverage only to the extent that the amount by which liability is limited under the owner's certificate exceeds the amount by which liability is limited under the vehicle insurance, and

(b) in respect of accident benefits coverage only to the extent that the benefits payable under the owner's certificate exceed the benefits payable under the vehicle insurance,

but any coverage under the owner's certificate except the coverages described in paragraphs (a) and (b) is void.

(3) Repealed. [B.C. Reg. 452/2003, s. 3.]

[am. B.C. Regs. 324/91, s. 19; 452/2003, s. 3; 166/2006, s. 49; 341/2007, s. 8.]

Repealed

62  Repealed. [B.C. Reg. 470/99, s. 1.]

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