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B.C. Reg. 414/97
O.C. 1365/97
Deposited December 12, 1997
effective December 14, 1997
This consolidation is current to July 28, 2020.

Motor Vehicle Act

Appeals and Show Cause Hearings Regulation

Definition

1   In this regulation, "Act" means the Motor Vehicle Act.

Time Limit for show cause notice

2   The time limit within which a person affected by a proposed action of the corporation must submit to the superintendent a notice of intention to show cause under section 118.5 (2) of the Act is 15 business days after delivery, under section 118.5 (1) of the Act, of the notice of the proposed action.

Fees

3   (1) The fee for an appeal under section 118.7 of the Act is $50, payable by the appellant on filing notice of the appeal.

(2) The fee for a show cause hearing under 118.4 of the Act is $200.00, payable by the person affected on filing notice of intention to show cause.

(3) An appellant is exempt from the fee requirement in subsection (1) if

(a) at the time of filing the notice of appeal the appellant makes application in the form required by the superintendent, and

(b) the appellant establishes to the satisfaction of the superintendent that

(i) he or she is receiving a support and shelter allowance under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or both, or

(ii) the gross family income of the family comprising the appellant and his or her dependants or of the family comprising the person of whom the appellant is a dependant, the appellant and the other dependants of that person, as the case may be, is less than or equal to the support and shelter allowance the family would be entitled to under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or both if the family were entitled to a support and shelter allowance under either or both of those Acts and had no other source of income.

(4) If the superintendent finds in favour of the person affected by a proposed action of the corporation, in the case of a show cause hearing, or in favour of the person affected by a decision of the corporation, in the case of an appeal, a fee paid under this section by that person for the show cause hearing or appeal, as the case may be, must be refunded.

[Provisions of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, relevant to the enactment of this regulation: sections 118.92 and 210 (1) and (2) (m)]