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"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
April 1, 2019
Section 2 November 1, 2015
Part 2 April 1, 2019
Section 3 April 1, 2019
Section 5 April 1, 2019
Section 7 April 1, 2019
Section 9 April 1, 2019
Section 11 April 1, 2019
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
December 18, 2018
Section 56.1 November 1, 2015
Section 67.1 November 9, 2018
Section 69 July 1, 2010
Section 78 March 29, 2019
April 1, 2019
Section 79 April 1, 2019
Section 87 April 1, 2019
Section 88 January 14, 2010
March 29, 2019
April 1, 2019
Section 88.01 March 29, 2019
Section 90 April 1, 2019
Section 92 April 1, 2019
Section 93 April 1, 2019
Section 94 March 18, 2013
April 1, 2019
Section 95 April 1, 2019
Section 97 March 29, 2019
Section 98 March 29, 2019
April 1, 2019
Section 99 April 1, 2019
Section 100 April 1, 2019
Section 103 April 1, 2019
Section 104.1 April 1, 2019
Section 104.2 April 1, 2019
Section 104.21 March 29, 2019
Section 104.3 April 1, 2019
Section 148.1 July 1, 2010
Section 148.2 April 1, 2019
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
April 1, 2019
Section 168 April 1, 2019
Section 172 July 1, 2010
 Schedule 3 Section 2 January 1, 2018
[retro from June 1, 2018]
 April 1, 2019
 Schedule 3 Section 3 April 1, 2019
Schedule 3 Section 4 April 1, 2019
Schedule 3 Section 5 to 8 April 1, 2019
Schedule 3.1 April 1, 2019
Schedule 7 July 31, 2014
November 1, 2015
April 1, 2019
 Schedule 10 Section 3 February 1, 2010
December 18, 2018

 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 1 (1) definitions of "acupuncturist", "chiropractor", "counsellor", "dentist", "kinesiologist", "massage therapist", "occupational therapist", "physician", "physiotherapist", and "psychologist" were added by BC Reg 234/2018, effective April 1, 2019.

 Section 1 (1) definition of "dependent child" and "territory" BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

"dependent child" means a person

(a) under 19 years old for whose support the head of household is legally liable and who is dependent on the head of household for financial support, or

(b) 19 years old or over who resides with the head of household and, because of mental or physical infirmity, receives most of his financial support from the head of household;

"territory" means, in relation to the plan, a region of British Columbia established by the corporation under section 34 (1.1) of the Act;

 Section 1 (1) definition of "head of household" BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

"head of household" means an insured or the spouse of an insured, whichever had the greater reported income during the 12 months immediately preceding the date of an accident for which a claim is made;

 Section 1 (2.1) was added by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 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

 Part 2 heading BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

Owner's Certificate

 Section 3 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

3   Application for an owner's certificate issued in conjunction with any type or category of licence or number plate may be made to a person appointed as an agent of the corporation for that purpose or authorized in writing by the corporation for the purposes of section 3 of the Motor Vehicle Act.

 Section 5 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Term of certificate

5   (1) Subject to section 40 (1) of the Act and sections 154 and 162 of this regulation, an owner's certificate

(a) expires at the end of the day on the date specified in the certificate as the expiry date.

(b) Repealed. [B.C. Reg. 166/2006, Sch. s. 7 (a).]

(2) Repealed. [B.C. Reg. 166/2006, Sch. s. 7 (b).]

[en. B.C. Reg. 438/92, s. 3; am. B.C. Regs. 379/93, s. 1; 166/2006, Sch. s. 7.]

 Section 7 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

7   Section 25 (2) and (3) of the Interpretation Act do not apply in respect of renewal of an owner's certificate, and an owner's certificate is not in force in the interval between its expiry and renewal.

 Section 9 (3) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(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 the certificate is changed, the insured named on the owner's certificate must, unless the vehicle is being used by the insured for vacation purposes, report the change to a person referred to in section 3 within 30 days of the change, and pay or be refunded the resulting difference in premium.

 Section 11 (1) definition of "applicant" BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

"applicant" means a person who applies for a new or renewal certificate;

 Section 11 (1) definitions of "base rate premium" and "certificate" BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

"base rate premium" means the basic premium fixed under section 34 (4) of the Act;

"certificate" means an owner's certificate.

 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 55 (8) (b) (i) and (iii) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

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

(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),

 Section 55 (8) (c) and (d) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(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.

 Section 55 (9) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(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.

 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 67.1 was enacted by BC Reg 234/2018, effective November 9, 2018.

 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 78 definition of "rehabilitation" BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

"rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of his injuries, is, with medical and vocational assistance, reasonably achievable by him;

 Section 78 definitions of "chiropractor", "dentist", "head of household", "medical practitioner" and "physiotherapist" BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

"chiropractor" means a person entitled to practise chiropractic under the Health Professions Act or a similar law of another jurisdiction;

"dentist" means a person entitled to practise dentistry under the Health Professions Act or a similar law of another jurisdiction;

"head of household" includes an insured whose only dependants at the date of an accident resulting in the death of the insured are his parents if, at the date of the accident, the dependent parents resided with the insured;

"medical practitioner" means a person entitled to practise medicine under the Health Professions Act or a similar law of another jurisdiction;

"physiotherapist" means a person entitled to practise physical therapy under the Health Professions Act or a similar law of another jurisdiction;

 Section 78 definition of "homemaker" BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

"homemaker" means the male or female member of a household who, without payment, does the majority of the housekeeping for the household;

 Section 79 (1) and (2) BEOFRE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Subject to subsection (2) and sections 80 to 88, 90, 92, 100, 101 and 104, the corporation shall pay benefits to an insured in respect of death or injury caused by an accident that arises out of the use or operation of a vehicle and that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.

(2) Where an accident occurs in the United States or on a vessel travelling between Canada and the United States, no benefits are payable under this Part to unless he is named in an owner's certificate or a driver's certificate or is a member of the household of a person named in a certificate.

 Section 87 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

87   Any benefits payable under section 80, 84 or 86 may be reviewed every 12 months and terminated by the corporation on the advice of the corporation's medical adviser.

 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 88 (2) (c) (ii) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(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 of the ministry of the minister responsible for the administration of the Continuing Care Act;

 Section 88 (0.1) was added by BC Reg 234/2018, effective April 1, 2019.

 Section 88 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

(1) Where an insured is injured in an accident for which benefits are provided under this Part, the corporation shall, subject to subsections (5) and (6), pay as benefits all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis.

 Section 88 (1.01) to (1.6) were added by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 88 (2), part BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(2) Where, in the opinion of the corporation's medical adviser, provision of any one or more of the following is likely to promote the rehabilitation of an insured who is injured in an accident for which benefits are provided under this Part, the corporation may provide any one or more of the following:

 Section 88 (2) (c) (ii) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

(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 based on the level of care provided by Home Community Care services under the Continuing Care Act;

 Section 88 (2) (d.1) was added by BC Reg 234/2018, effective April 1, 2019.

 Section 88 (2) (e) (i) and (ii) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(i) is consistent with the insured's pre-injury occupation and his post-injury skills and abilities, and

(ii) may return the insured as nearly as practicable to his pre-injury status or improve the post-injury earning capacity and level of independence of the insured;

 Section 88 (6) and (7) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(6) The corporation is not liable for any expenses paid or payable to or recoverable by the insured under a medical, surgical, dental or hospital plan or law, or paid or payable by another insurer.

(7) The maximum amount payable by the corporation under this section for medical, surgical, dental, nursing or physical therapy services or for chiropractic treatment, occupational therapy or speech therapy listed in the payment schedules established by the Medical Services Commission under the Medicare Protection Act is the amount listed in the payment schedules for that service, treatment or therapy.

 Section 88 (8) BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

(8) The corporation is not liable to pay for more than 12 physical therapy treatments for an insured for each accident unless, before any additional treatment is given, the corporation's medical advisor or the insured's medical practitioner certifies to the corporation in writing that, in his opinion, the treatment is necessary for the insured.

 Section 88.01 was enacted by BC Reg 60/2019, effective March 29, 2019.

 Section 90 (1), part, BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Where, in the opinion of the corporation's medical adviser or vocational adviser and in the opinion of the medical practitioner attending an insured who is receiving benefits under section 80, 84, 86 or 88,

 Section 92 BEFORE re-enacted by BC Reg 234/2018, effective April 1, 2019.

Death benefits

92   (1) In this section and section 5 of Schedule 3:

"dependent child" includes

(a) a child of a parent who is not the head of household of which the child is a member but who is legally liable to support or contribute to the support of the child, and

(b) for the purpose of payment of death benefits in respect of the death of an insured, a child of the insured who is born after the death of the insured and survives for 60 days after birth;

"head of household" includes an insured who was not, at the date of an accident resulting in the death of the insured, residing in the household of which the spouse of the insured was a member, but

(a) was legally liable to contribute to the support of the household, and

(b) during the 12 months immediately preceding the accident provided the major portion of the household's income;

"spouse in household" includes an insured who was not, at the date of an accident resulting in the death of the insured, residing in the household of which the spouse of the insured was a member, but

(a) was contributing or legally liable to contribute to the support of the household, or

(b) would have been responsible for supporting and rearing the dependent children in the household if the spouse of the insured had died.

(2) Subject to section 94, the corporation shall pay a death benefit in an amount that is based on the age and status of a deceased insured as set out in section 5 of Schedule 3, where

(a) the death of an insured is caused by an accident for which benefits are provided under this Part, and

(b) the deceased insured is survived by

(i) a spouse, dependent child or dependent parent, or

(ii) a parent, where the deceased insured is a dependent child.

[am. B.C. Regs. 379/85, s. 34; 246/98, s. 5.]

 Section 93 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Supplemental, additional and survivor's death benefits

93   (1) Where the deceased insured is survived by a spouse and one or more dependants, or by more than one dependant, the corporation shall pay, in addition to the benefit payable under section 92, a supplemental death benefit in the amount set out in section 6 of Schedule 3 for each survivor, other than the first.

(2) Where the deceased insured is survived by a spouse or one or more dependants or by a spouse and one or more dependants, the corporation shall, in addition to the benefits payable under section 92, pay, for the period of 104 weeks after the death of the deceased insured,

(a) additional death benefits in the applicable amount set out in section 7 of Schedule 3 for the first survivor, and

(b) survivor's death benefits in the applicable amount set out in section 8 of Schedule 3 for each survivor, other than the first,

but the total amount payable under this subsection shall be reduced by the amount of any payment under sections 80 and 84.

(3) Payments under this section terminate on the death of all survivors of the deceased insured.

(4) No benefit is payable under this section unless a benefit is also payable under section 92.

 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 94 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Rules for payment of death benefits

94   (1) Any benefits payable under section 92 or 93 in respect of a spouse of a deceased insured shall be paid to that spouse.

(2) Where a deceased insured is survived by more than one spouse, the total amount of benefits payable under sections 92 and 93 in respect of all spouses shall not exceed the amount that would have been payable

(a) to the spouse having the greatest claim, or

(b) where the claims are equal, to one spouse

if that spouse had been the only spouse and that amount shall be

(c) divided equally among and paid to the spouses, if the deceased insured had the same status in relation to each spouse, or

(d) paid to the spouse in relation to whom the insured had the status of head of household, in any other case.

(3) For the purpose of subsection (2), "claim" does not include any amount payable in respect of a dependant other than a spouse.

(4) Any benefits payable under section 92 or 93 for or on behalf of a dependent child of a deceased insured where that child is

(a) under the age of 19 shall be paid in accordance with section 32 of the Act, or

(b) 19 years of age or older shall be paid

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

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

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

(4.1) A benefit payable under section 92 in respect of the death of a dependent child must be divided equally among and paid to the surviving parents who at the time of the child's death had care and control of the child or were contributing regularly to the support of the child.

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

(6) An entitlement to benefits payable under section 92 or 93 shall be determined as of the date of death of the insured.

[am. B.C. Regs. 379/85, s. 35; 449/88, s. 16; 383/89, s. 15; 324/91, s. 22; 385/2012, s. 2.]

 Section 95 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Any benefits payable under section 92 or 93 shall be paid only to a person who survives the deceased insured by at least 60 days.

 Section 95 (2) BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

(2) Where the death of the head of household and of a spouse or dependant of the head of the household is caused by a common disaster, any benefits payable under section 93 shall be paid only in respect of the death of the head of household.

 Section 97 (1) (part) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(1) Where an accident occurs for which benefits are provided under this Part, the insured shall

 Section 97 (1) (c) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(c) within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation.

 Section 98 (1) BEFORE amended by BC Reg 60/2019, effective March 29, 2019.

(1) An insured shall, on request of the corporation, promptly furnish a certificate or report of an attending medical practitioner, dentist, physiotherapist or chiropractor as to the nature and extent of the insured's injury, and the treatment, current condition and prognosis of the injury.

 Section 98 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) An insured shall, on request of the corporation, promptly provide a certificate or report of an attending medical practitioner, dentist, physiotherapist or chiropractor as to the nature and extent of the insured's injury, and the treatment, current condition and prognosis of the injury.

 Section 99 (1) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.

 Section 100 (1) and (2) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(1) Where death occurs as a result of an accident for which benefits are provided under this Part, the corporation may withhold benefits payable under section 92 or 93 until the insured claiming the benefits allows the corporation to order an autopsy or post mortem examination of the body of the deceased insured to be performed at the expense of the corporation.

(2) Where death occurs a considerable time after the date of the accident and in circumstances that, in the opinion of the corporation, raise doubt as to whether the deceased insured died from natural causes or as a result of the accident, the corporation shall not pay any benefits under section 92 or 93 unless, before burial or cremation of the deceased insured, the insured claiming the benefits informs the corporation of the death and allows the corporation to order an autopsy or post mortem examination.

 Section 103 BEFORE re-enacted by BC Reg 234/2018, effective April 1, 2019.

Limitation

103   (1) No person shall commence an action in respect of benefits under this Part unless

(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and

(b) the action is commenced within 2 years after

(i) the date of the accident for which the benefits are claimed,

(ii) where benefits have been paid, the date he received the last benefit payment under this Part, or

(iii) the date on which the corporation receives a notice under subsection (2).

(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.

(3) A notice referred to in subsection (2) must be

(a) in the form established by the corporation, and

(b) sent by registered mail addressed to the claim office dealing with the insured's claim.

[am. B.C. Reg. 166/2006, Sch. s. 66.]

 Section 104.1 was enacted by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 104.2 was enacted by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Section 104.21 was enacted by BC Reg 60/2019, effective March 29, 2019.

 Section 104.3 was enacted by BC Reg 234/2018, effective April 1, 2019.

 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.

 Section 148.2 (4) (a) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(4) The corporation is not liable under section 148.1

(a) in respect of an accident occurring in a jurisdiction of Canada or the United States of America in which the right to sue and recover damages for injury or death caused by a vehicle accident is barred by law, or

 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 154 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Expiry date of additional product certificate

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

[en. B.C. Reg. 126/2014, App. 1, s. 3; am. B.C. Reg. 126/2014, App. 2, s. 12.]

 Section 168 (5) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(5) A fleet operator who holds a fleet reporting policy shall, on application for number plates for the vehicles that comprise the fleet to which the fleet reporting policy is issued or for any renewal, replacement, change or substitution of those number plates and corresponding insurance, produce for inspection by the corporation the fleet reporting certificate issued to the fleet operator.

 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 2 (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 3, section 2 (a) and (b) BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

(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.

 Schedule 3, section 3 (3) and (4) were added by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

 Schedule 3, section 4 BEFORE amended by BC Reg 234/2018, effective April 1, 2019.

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.

 Schedule 3 sections 5 to 8 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

BC Reg 234/2018 was amended by BC Reg 60/2019, effective 2019-03-31.

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.]

 Schedule 3.1 BEFORE re-enacted by BC Reg 234/2018, effective April 1, 2019.

Schedule 3.1

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

 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 7 BEFORE repealed by BC Reg 234/2018, effective April 1, 2019.

Schedule 7

Expiry Dates of Additional Product Certificates

(sections 1 (1) and 154)

Column AColumn BColumn CColumn DColumn E
Additional Product 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 additional product certificate
APV-16  Date specified on additional product certificate
APV-31X X
APV-32XX
APV-33XX
APV-37Date specified on additional product certificate
APV-38Date specified on additional product certificate
APV-44Date specified on additional product certificate
APV-49XIf not fleet, date specified on additional product certificate
APV-50XX
APV-53XX
APV-96Date specified on additional product certificate
APV-97Date specified on additional product certificate
APV-116AXX
APV-284Date specified on additional product certificate
APV-317X

[en. B.C. Reg. 126/2014, App. 2, s. 13.]

 Schedule 10, subcondition 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.

 Schedule 10, subcondition 3 (9) (c) and (d) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(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.

 Schedule 10, subcondition 3 (10) BEFORE amended by BC Reg 253/2018, effective December 18, 2018.

(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.