Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Insurance (Vehicle) Act

Insurance (Vehicle) Regulation

B.C. Reg. 447/83

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 March 18, 2013
November 1, 2015
Section 2 November 1, 2015
Section 15.4 November 1, 2015
Section 15.7 November 1, 2015
Section 15.73 November 1, 2015
Section 15.9 December 7, 2016
Section 17 July 31, 2014
November 1, 2015
Section 55 February 1, 2010
November 1, 2015
Section 56.1 November 1, 2015
Section 69 July 1, 2010
Section 88 January 14, 2010
Section 94 March 18, 2013
Section 148.1 July 1, 2010
Part 11, hdg November 1, 2015
Section 149 July 31, 2014
November 1, 2015
Section 151 November 1, 2015
Section 154 July 31, 2014
November 1, 2015
Section 172 July 1, 2010
Schedule 3 January 1, 2018
[retro from June 1, 2018]
Schedule 7 July 31, 2014
November 1, 2015
Schedule 10 Section 3 February 1, 2010

 Section 1 (1) definition of "spouse" BEFORE amended by BC Reg 385/2012, effective March 18, 2013.

"spouse" means a person who is married to another person or who is living in a marriage-like relationship with that other person for at least 2 years immediately preceding the date on which the right to claim benefits or insurance money arose, and for the purposes of this definition, the marriage-like relationship may be between persons of the same gender;

 Section 1 (1) definition of "special coverage certificate" BEFORE repealed by BC Reg 126/2014, effective November 1, 2015.

"special coverage certificate" means a certificate that is issued under section 149;

 Section 1 (1) definition of "additional product certificate" was added by BC Reg 126/2014, effective November 1, 2015.

 Section 2 (1) (part) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Application

2   (1) Unless otherwise provided in a special coverage certificate, the Act and this regulation do not apply in respect of

 Section 15.4 (1) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(1) Any premium payable or refundable in respect of an owner's certificate or a special coverage certificate 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 certificate, 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 certificate, but no payment shall be required and no refund shall be made if the rounded total is less than $5.

 Section 15.7 (2) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(2) If a registrant obtains an owner's certificate or a special coverage certificate in respect of a vehicle referred to in subsection (1) without having paid all of the unpaid premium owing for, or premium related debt owing in respect of,

(a) the coverage afforded the prior registered owner, renter or person renting the vehicle to another person by any certificate, or

(b) a special coverage certificate issued to the prior registered owner, renter or person renting the vehicle to another person,

an amount equal to the total of the unpaid premium, plus any premium related debt, is a debt due and owing to the corporation by the registrant.

 Section 15.7 (3) (c) (e) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(c) cancel the owner's certificate or special coverage certificate and any other owner's certificate or special coverage certificate 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 certificate or other owner's certificate or special coverage certificate, and

(ii) the debt arises from a certificate or special coverage certificate issued for a preceding term;

(e) issue a special coverage certificate or an owner's certificate to the registrant with a term of more than 90 days but less than one year.

 Section 15.73 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Liability for unpaid amounts

15.73   The following are jointly and severally liable to the corporation to pay for premium or premium related debt owing to the corporation in respect of an owner's certificate or a special coverage certificate:

(a) each registered owner of a vehicle for which an owner's certificate or special coverage certificate is issued;

(b) each registered owner and each renter of a leased vehicle for which an owner's certificate or special coverage certificate is issued, regardless of whether the registered owner or the renter paid for the insurance.

[en. B.C. Reg. 166/2006, s. 20; am. B.C. Reg. 341/2007, s. 3.]

 Section 15.9 was enacted by BC Reg 289/2016, effective December 7, 2016.

 Section 17 (c) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(c) in respect of a special coverage other than a temporary change endorsement, or

 Section 17 (c) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(c) in respect of a special coverage certificate, or

 Section 55 (3.1) BEFORE amended by BC Reg 4/2010, effective February 1, 2010.

(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), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of B.C. Reg. 26/58.

 Section 55 (1) and (5) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

(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.

(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.

 Section 56.1 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

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.]

 Section 69 (c) (i) BEFORE amended by BC Reg 156/2010, effective July 1, 2010.

(i)  the amount offered by the corporation as its total liability for indemnity to the insured under this Part in an offer to settle delivered in accordance with the Supreme Court Rules

 Section 88 (2) (c) (ii) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

(ii)  the monthly cost of attendant care required by the insured as a result of injuries from the motor vehicle accident, the level and type of which will be determined by the rehabilitation team using the same standards and criteria applied under the Long Term Care Program of the Continuing Care Division, Ministry of Health, Province of British Columbia;

 Section 94 (4) (b) (i), (ii) and (iii) BEFORE amended by BC Reg 385/2012, effective March 18, 2013.

(i)  to the surviving spouse of the deceased insured if the surviving spouse has custody of the dependent child,

(ii)  where the deceased insured is survived by more than one spouse, to the spouse having custody of the child, or

(iii)  where there is no surviving spouse who has custody of the dependent child, to the dependent child.

 Section 94 (4.1) and (5) BEFORE amended by BC Reg 385/2012, effective March 18, 2013.

(4.1)  A benefit payable under section 92 in respect of the death of a dependent child shall be paid

(a) where both parents survive,

(i)  jointly to the parents, if they were living together at the time of the child's death or if though living separate and apart at that time, one parent had care and control of the child and the other was contributing regularly to the support of the child, or

(ii)  to the parent who had care and control of the child at the time of his death, if the parents were living separate and apart at that time and the parent who did not have care and control was not contributing regularly to the support of the child, and

(b) where only one parent survives, to that parent if, at the time of the child's death, that parent had care or control of the child or was contributing regularly to his support.

(5)  Where a deceased insured is survived by dependents, the total amount of benefits payable under sections 92 and 93 shall be divided equally among and paid to the surviving dependents.

 Section 148.1 (10) BEFORE amended by BC Reg 156/2010, effective July 1, 2010.

(10)  An insured, or the personal representative of an insured, who, before the corporation settles a claim for injury or death of the insured arising out of the operation of a vehicle by an underinsured motorist, commences an action against the underinsured motorist, shall immediately serve the corporation with a copy of the originating process in the action.

 Part 11, heading BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Part 11 — Special Coverage Certificates

 Section 149 (1) (part) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(1) Subject to section 15.7, the corporation shall, on application and payment of the applicable premium, provide the following special coverages, each in the form established by the corporation:

 Section 149 (1) (g) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(g) highway crossing permit and certificate (APV-37);

 Section 149 (1) (s) BEFORE repealed by BC Reg 126/2014, effective July 31, 2014.

(s) overseas tourist certificate (APV-272);

 Section 149 (1.1) was added by BC Reg 126/2014, effective July 31, 2014.

 Section 149 (2) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(2) Subject to subsections (3) and (4), a special coverage certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the special coverage certificate.

 Section 149 (4) BEFORE amended by BC Reg 126/2014, effective July 31, 2014.

(4) A special coverage certificate issued under subsection (1) (h) does not include coverage under Division 2 of Part 10.

 Section 149 (5) to (8) were added by BC Reg 126/2014, effective July 31, 2014.

 Section 149 (1) (part), (n), (p), (q), (r), (t), (1.1) (part), (2), (4), (5), (6), (7) and (8) BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Compulsory special coverages

149   (1) Subject to section 15.7 and subsection (1.1) of this section, the corporation shall, on application and payment of the applicable premium, provide the following special coverage certificates, each in the form established by the corporation:

(n) temporary operation permit and owner's certificate (APV-16 or APV-16L);

(p) transporter's licence and certificate (APV-32 or APV-32L);

(q) demonstration licence and certificate (APV-50 or APV-50L);

(r) repairer's licence and certificate (APV-53 or APV-53L);

(t) special Autoplan certificate (APV-284).

(1.1) A special coverage certificate referred to in subsection (1) (p), (q) or (r) may be issued only to

(2) Subject to subsections (3) to (8), a special coverage certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 while a vehicle covered by the certificate is being operated in accordance with the terms set out in the special coverage certificate.

(4) A special coverage certificate issued under subsection (1) (b) does not include coverage under Division 1 of Part 10.

(5) A special coverage certificate issued under subsection (1) (g) or (h) does not include coverage under Part 10.

(6) A special coverage certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (a) evidences coverage under Part 6 that is limited to the amount specified in section 1 (2) (c) of Schedule 3 and does not include coverage under Part 7 or 10.

(7) A special coverage certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (b) does not evidence coverage under Part 6, 7 or 10.

(8) A special coverage certificate issued under subsection (1) (t) evidences coverage under Parts 6, 7 and 10 only to the extent provided under the terms of the certificate.

 Section 151 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Coverage for unnamed owner

151   Insurance coverage evidenced by any of the following special coverage certificates includes as an insured the owner of a vehicle insured under the special coverage certificate:

(a) temporary operation permit and owner's certificate (APV-16 or APV-16L);

(b) transporter's licence and certificate (APV-32 or APV-32L);

(c) trailer floater licence and certificate (APV-33);

(d) demonstration licence and certificate (APV-50 or APV-50L);

(e) repairer's licence and certificate (APV-53 or APV-53L).

[en. B.C. Reg. 166/2006, s. 79.]

 Section 154 BEFORE re-enacted by BC Reg 126/2014, effective July 31, 2014.

Expiry date of special coverage certificate

154   A special coverage certificate in a form listed in column A of Schedule 7 expires on the date shown on the special coverage certificate as determined by the date indicated opposite that special coverage certificate in columns B to H.

[en. B.C. Reg. 166/2006, s. 81.]

 Section 154 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Expiry date of special coverage certificate

154   A special coverage certificate in a form listed in column A of Schedule 7 expires on the date indicated opposite the special coverage certificate in columns B to E, as applicable.

[en. B.C. Reg. 126/2014, App. 1, s. 3.]

 Section 172 (c) (i) BEFORE amended by BC Reg 156/2010, effective July 1, 2010.

(i)  the amount offered by the insurer as its total liability for indemnity to the insured under the contract in an offer to settle delivered in accordance with the Supreme Court Rules

 Schedule 3, section 3 (2) BEFORE amended by BC Reg 105/2018, effective January 1, 2018 [retro from June 1, 2018].

(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.

 Schedule 7 BEFORE re-enacted by BC Reg 126/2014, effective July 31, 2014.

Schedule 7

Expiry Dates of Special Coverage Certificates

(sections 1 (1) and 154)

ABCDEFGH
Special Coverage CerificateIf Fleet, Last Day of Designated Expiry Month of the FleetIf Fleet and Short Term, Last Day of (a) Designated Expiry Month, or (b) 6th Month prior to Designated Expiry Month, of the FleetIf Not Fleet, Expiry Date of PlateIf Not Fleet and No Plate Involved, 11 Months and X DaysIf Not Fleet and No Plate Involved, 3, 4, 5, 6, 7, 8, 9 and 10 Months and X DaysMiscellaneousIf Not Fleet, Expiry Date of Garage Policy
APV-4X  X   
APV-11X  X   
APV-16
or
APV-16L
     Date specified on special coverage certificate. 
APV-31X  X   
APV-32X     X
APV-32LX     X
APV-33X  X   
APV-36     10 days from date of issue. 
APV-37X  X   
APV-38     Date specified on special coverage certificate (not exceeding 31 days from date of issue). 
APV-44   XX  
APV-49XX XX  
APV-50X     X
APV-50LX     X
APV-53X     X
APV-53LX     X
APV-96     Date specified on special coverage certificate. 
APV-97     Date specified on special coverage certificate. 
APV-116AXX XX  
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.]

 Schedule 7 BEFORE amended by BC Reg 126/2014, effective November 1, 2015.

Schedule 7

Expiry Dates of Special Coverage Certificates

(sections 1 (1) and 154)

Column AColumn BColumn CColumn DColumn E
Special Coverage CertificateIf Fleet, Last Day of Designated Expiry Month of FleetIf Not Fleet, Expiry Date of Garage Vehicle CertificateIf Not Fleet, Expiry Date of PlateMiscellaneous
APV-4X  If not fleet, date specified on special coverage certificate
APV-16 or APV-16L  Date specified on special coverage certificate
APV-31X X
APV-32XX
APV-32LXX
APV-33XX
APV-37Date specified on special coverage certificate
APV-38Date specified on special coverage certificate
APV-44Date specified on special coverage certificate
APV-49XIf not fleet, date specified on special coverage certificate
APV-50XX
APV-50LXX
APV-53XX
APV-53LXX
APV-96Date specified on special coverage certificate
APV-97Date specified on special coverage certificate
APV-116AXX
APV-284Date specified on special coverage certificate
APV-317X

[en. B.C. Reg. 126/2014, App. 1, s. 4.]

 Schedule 10, section 3 BEFORE amended by BC Reg 4/2010, effective February 1, 2010.

(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), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.