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

Schedules 1 and 2

Repealed. [B.C. Reg. 166/2006, s. 89.]

Schedule 3

Limits of Coverage

(section 49.1 (1), 67 (1), 69, 80 (1), 84 (1), 88 (5), 91, 92 (1) and (2), 93 (1) and (2),

105 (1) and (2), 124 (3), 148 (3) and 148.1 (5))

Coverage under Part 4 or 6

1  (1) In this section:

"extra-provincial truck undertaking" means an extra-provincial truck undertaking as defined in the Motor Vehicle Transport Act, 1987 (Canada);

"freight" includes personal property of every description that may be conveyed on a motor vehicle or trailer, but does not include a passenger's personal baggage.

(1.1) For the purpose of section 49.1 (1), the amount by which the liability of the corporation is limited is $200 000.

(2) For the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1985, is,

(a) where the claims are made in respect of a bus, $500 000, including personal baggage of passengers but not including any other freight,

(b) where the claims are made in respect of a taxi or a limousine use vehicle, $300 000, including personal baggage of passengers but not including any other freight, and

(c) in any other case, $200 000.

(3) Repealed. [B.C. Reg. 257/86, s. 41.]

(4) Notwithstanding subsection (2) (c), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1994, is,

(a) where the claims are made in respect of an extra-provincial truck undertaking other than as described in paragraph (b), $1 million, or

(b) where the claims are made in respect of an extra-provincial truck undertaking used for the transport of dangerous goods as described in section 4 (1) (b) of the Extra-Provincial Truck Undertaking Licencing Regulations made under the Motor Vehicle Transport Act, 1987 (Canada), $2 million.

(5) Subject to subsection (6) and notwithstanding subsections (2) and (4), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1995, is,

(a) where the claims are made in respect of a bus, $1 million, including the personal baggage of passengers but not including any other freight,

(b) where the claims are made in respect of a taxi or limousine use vehicle, $1 million, including the personal baggage of passengers but not including any other freight,

(c) $1 million, where the claims are made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer, other than one described in paragraph (d), used for commercial purposes and required to be registered and licensed under the Commercial Transport Act, or

(d) $2 million, where the claims are made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer that is used for

(i)   commercial purposes and required to be registered and licensed under the Commercial Transport Act, and

(ii)   the transportation of dangerous goods as described in Schedule XII of the Transportation of Dangerous Goods Regulation under the Transportation of Dangerous Goods Act (Canada).

(6) Subsection (5) does not apply to a certificate, policy or endorsement that was effective in 1994.

[am. B.C. Regs. 335/84, ss. (a) and (b); 257/86, s. 41; 324/91, s. 49; 379/93, s. 15; 404/94, s. 22;

491/95, s. 33 (a); 404/99, s. 3; 166/2006, s. 90.]

Disability benefits

2  The amount of any disability benefits

(a) payable under section 80 in respect of an accident is $300 a week, or

(b) payable under section 84 in respect of an accident occurring on or after January 1, 1987 is $145 a week.

[en. B.C. Reg. 383/89, s. 43; am. B.C. Reg. 448/90, s. 38.]

Medical or rehabilitation benefits

3  (1) For the purpose of section 88, the amount by which the liability of the corporation is limited is the amount set out in

(a) the certificate providing coverage for the accident, or

(b) if more than one certificate provides coverage, in the certificate providing the higher or highest limit or coverage.

(2) Notwithstanding subsection (1), the amount by which the liability of the corporation is limited in respect of each insured injured on or after January 1, 1990 in the same occurrence shall not exceed $150 000.

[am. B.C. Regs. 379/85, s. 59; 383/89, s. 43.]

Funeral expenses

4  The maximum amount of funeral expenses that may be reimbursed under section 91 in respect of an accident occurring on or after January 1, 1996 is $2 500.

[am. B.C. Regs. 383/89, s. 43; 491/95, s. 33 (b).]

Death benefits

5  Where an insured at the date of death resulting from a motor vehicle accident comes within an age group set out in column A of the following Table and the insured has the status set out in column B, C or D, the amount of death benefit payable under section 92 is the amount set out below that status and opposite that age group.

Column A   Column B   Column C   Column D
Age of

Deceased
  Head of

Household
  Spouse in

Household
  Dependent

Child
    $   $   $
Less than 5 years       500
5 to 9 years       1 000
10 to 18 years   5 000   2 500   1 500
19 and over   5 000   2 500   1 000

[am. B.C. Reg. 383/89, s. 43.]

Supplemental death benefits

6  The amount of a supplemental death benefit payable under section 93 is $1 000.

Additional death benefits

7  The amount of an additional death benefit payable under section 93 (2) (a) in respect of an accident occurring on or after January 1, 1987 is $145 a week.

[am. B.C. Regs. 335/84, s. 42; 379/85, s. 59; 257/86, s. 42.]

Survivor's benefits

8  The amount of a survivor's death benefit payable under section 93 (2) (b) in respect of an accident occurring on or after January 1, 1987 is $35 a week.

[am. B.C. Regs. 335/84, s. 42; 257/86, s. 43.]

Claims under section 20 or 24 of the Act

9  (1) With respect to an accident occurring on or after January 1, 1985, for the purpose of section 105 (1), the amount by which the liability of the corporation is limited is $200 000.

(2) With respect to an accident occurring on or after January 1, 2002, for the purpose of section 105 (2), the amount is limited to the amount by which the damage exceeds $750.

[am. B.C. Regs. 335/84, s. 42; 254/93, s. 2; 259/2001, s. 7.]

Loss of use

10  The maximum amount of expenses that may be reimbursed under section 124 in respect of a theft occurring on or after January 1, 1995 is $40 per day up to a total limit of $800.

[am. B.C. Regs. 383/89, s. 43; 448/90, s. 38; 404/94, s. 23.]

Claims under section 148

11  With respect to an accident occurring on or after January 1, 1985, for the purpose of section 148 (3) (e), the amount by which the liability of the corporation is limited is $200 000.

[am. B.C. Reg. 335/84, s. 42.]

Weekly benefit multiplier

12  For the purpose of section 80 (1) (b) (i) and (ii), the weekly benefit multiplier is as set out in Table 1.

Table 1 — Weekly Benefit Multiplier

(section 80 (1))

Column A

Year of Accident 
Column B

 Weekly Benefit Multiplier
1974 3.119
1975 2.906
1976 2.399
1977 2.134
1978 1.958
1979 1.850
1980 1.727
1981 1.555
1982 1.369
1983 1.260
1984 1.199
1985 1.187
1986 1.161
1987 1.158
1988 1.131
1989 1.106
1990 1.034

[en. B.C. Reg. 448/90, s. 38; am. B.C. Reg. 438/92, s. 29.]

UMP coverage

13  For the purpose of Division (2) of Part 10, the limit of coverage for underinsured motorist protection is $1 million per insured person.

[en. B.C. Reg. 324/91, s. 49; am. B.C. Regs. 113/92; 438/92, s. 30.]

Schedule 3.1

Repealed. [B.C. Reg. 166/2006, s. 89.]

Schedule 4

Prescribed Forms

(section 108)

Statutory Declaration (Application Under Section 20 of the Insurance (Vehicle) Act)

Claims Division

CLAIM NUMBER    LOC.  RESOURCE NUMBER   
                           

I, ............................................................... [name], of ..................................................................... [address]

(hereinafter called the "Applicant"), born the ........... day of ...............................[month], ........[year], apply to

the Insurance Corporation of British Columbia under section 20 of the Insurance (Vehicle) Act, and

solemnly declare:

1 THAT the death of/bodily injury to, or loss of/damage to property of the Applicant was accidentally caused by or arose out of use or operation on a highway on the ..........[day] day of ........................[month], ................[year] at or near ........................................ in the Province of British Columbia, of a motor vehicle (hereinafter called the "uninsured motor vehicle") displaying .............................................. [prov. or state] plate ................................ [number] owned by ............................................................[name] of .....................................................................[address] and driven by ........................................[name] of ................................................................. [address].
2 THAT I am informed and believe that on the date and at the time of the death/bodily injury/loss of or damage to property described in paragraph one, the uninsured motor vehicle was not insured by a valid and subsisting Owner's Certificate/Policy of Insurance.
3 THAT the Applicant is/was a resident of ......................................................................[prov. or state] and as a result of the death/bodily injury, is not entitled to or protected by:
(a)  BC Medical Insurance/BC Hospital Insurance/BC Workers' Compensation benefits;
(b)  Medical Insurance/Hospital Insurance/BC Workers' Compensation under a public/private plan or law of this or any other jurisdiction.
4 THAT as a result of the death/bodily injury/loss of/damage to property, the Applicant is/is not entitled to indemnity from any public/private Insurance Company/Insurance Plan for the death/bodily injury/loss of/damage to property.

I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

DECLARED before me at .................................)  
In the Province of British Columbia, this  )    ..................................................................
.............day of ............................. A.D. ............. )    Applicant
.........................................................................  
Signature  

A Notary Public in and for the Province of British Columbia

A Commissioner for Taking Affidavits for British Columbia


CL-42 (111999) Statutory Declaration

[en. B.C. Reg. 132/2007.]

Statutory Notice — Section 20 Uninsured Motorist

  CERTIFIED MAIL NUMBER
CLAIM NUMBER   LOC CODE RESOURCE NAME RESOURCE NUMBER TELEPHONE NUMBER
                                 

Statutory Notice

Under Section 20 'Uninsured Vehicles' of the Insurance (Vehicle) Act

Date Mailed...........................................................
To .........................................................................
..............................................................................
and ........................................................................
..............................................................................

Take notice that on the ........... day of .........................., ............, the Insurance Corporation of British Columbia received a Statutory Declaration executed by .......................................................................... applying for payment of damages arising from bodily injury to or death of a person or loss of or damage to property caused by or arising out of your ownership or your operation of an uninsured motor vehicle displaying a .................................... [province or state] number plate ........................... [licence number] owned by ...................................................................................................................................................... of .................................................................................................................................................. [address] and driven by ................................................................................................................................................ of .................................................................................................................................................. [address] on a highway on the ........... day of .........................., at or near .................................................... in the Province of British Columbia.

And further take notice that if within 14 days after receipt by you of this notice, which notice you are deemed to have received on the eighth day after mailing of the notice by the Corporation, you do not reply to the Corporation, either denying liability for the incident described above or making arrangements satisfactory to the Corporation for the disposition or settlement of the demand contained in or presented by the Application, the Corporation may settle with or consent to judgment in favour of any applicant or the Corporation may take such other action as is authorized by section 20 of the Insurance (Vehicle) Act, including paying all or part of a settlement or judgment, and upon further notice to you, the Corporation may demand reimbursement from you of the payments with interest thereon or the Corporation may take such other action as may be necessary to recover the amounts of the payments.

Insurance Corporation of British Columbia

Per ....................................................................

Return Address

..........................................................................

..........................................................................

c.c Applicant


CL-263 (042007) Statutory Notice - Section 20 Uninsured Motorist

[en. B.C. Reg. 470/99, s. 6; am. B.C. Reg. 166/2006, s. 91.]

Schedule 5 and 6

Repealed. [B.C. Reg. 166/2006, s. 89.]

Schedule 7

Expiry Dates of Special Coverage Certificates

(sections 1 (1) and 154)

A B C D E F G H
Special Coverage Cerificate If Fleet, Last Day of Designated Expiry Month of the Fleet If Fleet and Short Term, Last Day of (a) Designated Expiry Month, or (b) 6th Month prior to Designated Expiry Month, of the Fleet If Not Fleet, Expiry Date of Plate If Not Fleet and No Plate Involved, 11 Months and X Days If Not Fleet and No Plate Involved, 3, 4, 5, 6, 7, 8, 9 and 10 Months and X Days Miscellaneous If Not Fleet, Expiry Date of Garage Policy
APV-4 X     X      
APV-11 X     X      
APV-16

or

APV-16L
          Date specified on special coverage certificate.  
APV-31 X     X      
APV-32 X           X
APV-32L X           X
APV-33 X     X      
APV-36           10 days from date of issue.  
APV-37 X     X      
APV-38           Date specified on special coverage certificate (not exceeding 31 days from date of issue).  
APV-44       X X    
APV-49 X X   X X    
APV-50 X           X
APV-50L X           X
APV-53 X           X
APV-53L X           X
APV-96           Date specified on special coverage certificate.  
APV-97           Date specified on special coverage certificate.  
APV-116A X X   X X    
APV-317     X        

[en. B.C. Reg. 424/97, s. 9; am. B.C. Regs. 441/98, s. 20; 298/2002, s. 1; 33/2005, s. 12;

333/2005, s. 9; 166/2006, ss. 4 and 92.]

Schedules 8 and 9

Repealed. [B.C. Reg. 166/2006, s. 89.]

Schedule 10

Prescribed Conditions

(section 169)

Application and interpretation

1  (1) In these conditions:

"insured" means a person who, whether named or not, is insured by this optional insurance contract;

"territory" means a territory established by the insurer;

"vehicle rate class" means a vehicle rate class established by the insurer.

(2) These conditions apply only in respect of coverage provided by this contract that does not extend the limit of coverage that is specified in a certificate or a policy to a limit that is in excess of that provided by the certificate or policy.

[en. B.C. Reg. 166/2006, s. 93.]

Changes during term of contract

2  (1) In this section, "the territory in which the vehicle is primarily located when not in use" means the territory in which the place where the vehicle is kept when not being driven is located.

(2) The insured named in this contract must,

(a) within 10 days after

(i)   the named insured's address is changed from the address set out in this contract, or

(ii)   the named insured acquires a substitute vehicle for the vehicle described in this contract, or

(b) before

(i)   the use of the vehicle described in this contract is changed to a use to which a different vehicle rate class applies than the vehicle rate class applicable to the use set out in this contract, or

(ii)   a vehicle in respect of which the premium is established on the basis of the territory in which a vehicle of that vehicle rate class is used or principally used, as the case may be, is used or principally used in a different territory than that set out in this contract,

report the change of address, vehicle, use or territory to the insurer, and pay or be refunded the resulting difference in premium.

(3) If the premium for a vehicle is established on the basis of the territory in which the vehicle is primarily located when not in use and that territory as set out in this contract is changed, the insured named in this contract must, unless the vehicle is being used by the insured for vacation purposes, report the change to the insurer within 30 days of the change, and pay or be refunded the resulting difference in premium.

[en. B.C. Reg. 166/2006, s. 93; am. B.C. Reg. 46/2007, Sch. 1, s. 13.]

Prohibited use

3  (1) The insurer is not liable to an insured who breaches this condition or a subcondition of this condition.

(2) An insured must not operate a vehicle for which coverage is provided under this contract

(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) An insured does not contravene subcondition (2) 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 the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

(4) An insured must not operate a vehicle for which coverage is provided under this contract 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, or

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

(5) Use of a vehicle does not contravene subcondition (4) 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 insurer for the vehicle rate class that is applicable to the use to which the vehicle is put.

(6) An insured must not operate a motor vehicle for which coverage is provided under this contract 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 that is not registered and licensed under the Motor Vehicle Act or Commercial Transport Act.

(7) An insured named in this contract must not permit the vehicle described in this contract to be operated by a person or for a purpose that breaches this condition or a subcondition of this condition or would breach this condition or subcondition of this condition if the person were an insured.

(8) It is a breach of this condition if the injury, death, loss or damage in respect of which a claim is made by an insured is caused by or results from an intentional act of violence committed by the insured, while sane, by means of a vehicle.

(9) It is a breach of this condition if

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

(b) an insured is convicted of

(i)   a motor vehicle related Criminal Code 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 referred to in subparagraph (i) or (ii),

(c) an insured is convicted of an offence under section 253 (b) of the Criminal Code, 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 a claim is made by the insured occurred during the commission of the offence by the insured and while the insured was operating a vehicle, or

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

(10) In subcondition (9):

"convicted" includes being

(a) convicted under the Young Offenders Act (Canada) for contravening a provision referred to in the definition of "motor vehicle related Criminal Code 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 subcondition (9) (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 committed while operating or having care or control of a vehicle or committed by means of a vehicle.

[en. B.C. Reg. 166/2006, s. 93; am. B.C. Reg. 3/2010, s. (b).]

Requirements if loss or damage to persons or property

4  If this contract provides third party liability insurance coverage, the insured must

(a) promptly give the insurer written notice, with all available particulars, of

(i)   any accident involving death, injury, damage or loss in which the insured or a vehicle owned or operated by the insured has been involved,

(ii)   any claim made in respect of the accident, and

(iii)   any other insurance held by the insured providing coverage for the accident,

(b) on receipt of a claim, legal document or correspondence relating to a claim, immediately send the insurer a copy of the claim, document or correspondence,

(c) cooperate with the insurer in the investigation, settlement or defence of a claim or action,

(d) except at the insured's own cost, assume no liability and settle no claim, and

(e) allow the insurer to inspect an insured vehicle or its equipment or both at any reasonable time.

[en. B.C. Reg. 166/2006, s. 93.]

Requirements if loss of or damage to vehicle

5  (1) If loss of or damage to the vehicle insured under this contract occurs, the insured must, if the loss or damage is covered by this contract,

(a) on the occurrence of loss or damage

(i)   promptly notify the insurer of the loss or damage, and

(ii)   file a written statement with the insurer setting out all available information on the manner in which the loss or damage occurred, and

(b) within 90 days after the occurrence of the loss or damage file a proof of loss.

(2) The insurer may require that a proof of loss be sworn by the person filing it.

(3) If loss of or damage to a vehicle that is covered by this contract occurs, the owner or operator of the vehicle

(a) must, at the expense of the insurer, protect the vehicle as far as reasonably possible from further loss or damage, and

(b) until the insurer has had a reasonable opportunity to inspect the vehicle, must not, without the consent of the insurer, remove any physical evidence of the loss or damage to the vehicle or make any repairs to the vehicle, other than repairs that are immediately necessary to protect the vehicle from further loss or damage.

(4) The insurer is not liable under this contract

(a) for loss or damage resulting from the failure of an owner or operator to comply with subcondition (3) (a), or

(b) to an owner if the owner or an operator, to the prejudice of the insurer, contravenes subcondition (3) (b).

(5) The liability of the insurer for payment of indemnity for loss or damage to the vehicle is limited to the amount by which

(a) the cost of repairing or replacing the vehicle and its equipment or any part of it with material of a similar kind or quality,

(b) the declared value of the vehicle and its equipment, if appropriate, or

(c) the actual cash value of the vehicle and its equipment,

whichever is least, exceeds the deductible amount set out in this contract.

(6) The insurer is not liable for that part of the cost of repair or replacement that improves a vehicle beyond the condition in which it was before the loss or damage occurred.

(7) The insurer may determine

(a) whether a vehicle and its equipment or any part of it will be repaired or replaced, and

(b) whether to pay a garage service operator in respect of a repair or replacement instead of making a payment to the insured.

(8) The liability of the insurer for loss or damage to an obsolete part of an insured vehicle, or a part the manufacturer does not have in stock, is limited to the price at which the part was last listed on the manufacturer's price list.

(9) If the insurer replaces a vehicle or pays to an insured the declared value or actual cash value of a vehicle or its equipment or both, less any applicable deductible amount in accordance with subcondition (5),

(a) the insurer is entitled, at its option, to the salvage in the vehicle or its equipment or both, and

(b) the insured must, on request of the insurer, execute any documents necessary to transfer to the insurer title to the vehicle or its equipment or both.

(10) If an insured is a co-insurer under this contract of any loss or damage to a vehicle or its equipment or both,

(a) the insurer has conduct of the sale or other disposition of the salvage in the vehicle or its equipment or both, and

(b) the insured is entitled to share in the proceeds of the sale or other disposition of the salvage in the vehicle or its equipment or both in the same proportion as the insured is a co-insurer of the loss or damage.

(11) The insured must not leave a vehicle or its equipment or both with the insurer without its consent, refuse to take delivery of the insured's vehicle or its equipment or both from the insurer or otherwise abandon a vehicle or its equipment or both to the insurer without its consent.

[en. B.C. Reg. 166/2006, s. 93.]

Statutory declaration

6  (1) If required by the insurer, the insured must, on the occurrence of loss or damage for which coverage is provided by this contract, deliver to the insurer within 90 days after the occurrence of the loss or damage a statutory declaration stating, to the best of the insured's knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the insured and of all others in the vehicle, the encumbrances on the vehicle, all other insurance, whether valid or not, covering the vehicle and that the loss or damage did not occur through any wilful act or neglect, procurement, means or connivance of the insured.

(2) An insured who has filed a statutory declaration must

(a) on request of the insurer, submit to examination under oath,

(b) produce for examination, at a reasonable time and place designated by the insurer, all documents in the insured's possession or control relating to the loss or damage, and

(c) permit copies of the documents to be made by the insurer.

[en. B.C. Reg. 166/2006, s. 93.]

Inspection of vehicle

7  The insured must permit the insurer at all reasonable times to inspect the vehicle and its equipment.

[en. B.C. Reg. 166/2006, s. 93.]

Time and manner of payment of insurance money

8  (1) The insurer must pay the insurance money for which it is liable under this contract within 60 days after the proof of loss or statutory declaration has been received by it or, if an arbitration is conducted under section 177 of the Insurance (Vehicle) Regulation, within 15 days after the award is rendered.

(2) The insured must not bring an action to recover the amount of a claim under this contract unless the requirements of conditions 4, 5 and 6 are complied with and until the amount of the loss has been ascertained by an arbitrator under section 177, by a judgment after trial of the issue or by written agreement between the insurer and the insured.

(3) Every action or proceeding against the insurer in respect of loss or damage for which coverage is provided under this contract must be commenced within 2 years from the occurrence of the loss or damage.

[en. B.C. Reg. 166/2006, s. 93.]

Who may give notice and proof of claim

9  Notice of a claim related to loss or damage of the vehicle may be given and proof of claim and a statutory declaration may be made

(a) by the agent of the insured named in this contract in case of absence or inability of the insured to give the notice or make the proof or statutory declaration, if the absence or inability is satisfactorily accounted for, or

(b) if the insured refuses to do so, by a person to whom any part of the insurance money is payable.

[en. B.C. Reg. 166/2006, s. 93.]

Termination

10  (1) This contract may be terminated

(a) by the insured named on this contract at any time on request, and

(b) by the insurer not less than

(i)   5 days after the insurer gives written notice of termination to the insured in person, or

(ii)   15 days after the insurer sends, by registered mail, written notice of termination to the last address of the insured according to the insurer's records.

(2) On termination the insurer must refund the excess of premium actually paid by the insured over the proportionate premium for the expired time less any debt owed by the insured to the insurer, but in no event must the proportionate premium for the expired time less any debt owed by the insured to the insurer be less than any minimum retained premium specified in this contract.

(3) If this contract is terminated by the insurer, the refund must accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case the refund must be made as soon as practicable.

[en. B.C. Reg. 166/2006, s. 93.]

Notice

11  (1) A written notice to the insurer may be delivered at, or sent by registered mail to, the head office of the insurer in British Columbia or to a person appointed as an agent by the insurer for the purpose of receiving notices.

(2) Written notice may be given to the insured named in this contract by letter personally delivered to the insured or by registered mail addressed to the insured at the insured's latest address according to the insurer's records.

(3) In this condition and condition 10, "registered" means registered in or outside Canada.

[en. B.C. Reg. 166/2006, s. 93.]

[Provisions of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, relevant to the enactment of this regulation: sections 34, 35, 45, 72 and 94]

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