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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE LOIS BOONE

MINISTER OF TRANSPORTATION

AND HIGHWAYS

BILL 40 – 1997

MOTOR VEHICLE AMENDMENT ACT (No. 2), 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is

amended

(

a) in the definition of "peace officer" by adding at the end "and includes persons who

are officers within the meaning of "officer" as defined in

section 1 of the Police Act and

who are employed by the Insurance Corporation of British Columbia" , and

(

b) by repealing the definition of "prescribed" and substituting the following:

"prescribed" means prescribed by this Act or by regulation of the Lieutenant

Governor in Council or of the minister; .

Section 2 (3) and (4) is repealed and the following substituted:

(3) Despite subsection (2), a person must not drive or operate on a highway a

mechanically propelled invalid's chair of a type or class prescribed by the

Lieutenant Governor in Council as a motor vehicle unless the person complies

with this Act.

Section 3 (5) (

b) is repealed and the following substituted :

(

b) a person authorized in writing under

section 16 (3) (

b) of the Insurance

(Motor Vehicle) Act .

Section 13 is amended

(

a) in subsection (2) by striking out "or inspector authorized by the superintendent to

inspect motor vehicles" and substituting "or inspector authorized by the Insurance

Corporation of British Columbia under

section 217 (1) (

a) to inspect motor vehicles" ,

(

b) in subsection (2) by striking out "direction of the Insurance Corporation of British

Columbia or the superintendent" and substituting "direction of the corporation" , and

(

c) in subsection (3) by striking out "the peace officer, officer or constable" and substituting "an officer or constable of the Royal Canadian Mounted Police or the police

department of a municipality" .

Section 24 is amended

(

a) in subsection (6) (

a) by striking out ", the Insurance Corporation of British Columbia

or to the superintendent" and substituting "or to the Insurance Corporation of British

Columbia" , and

(

b) in subsection (7) by adding "or" at the end of paragraph (

a) and by repealing paragraphs (

b) and (

c) and substituting the following:

(

b) the licence of the owner or driver has been suspended under this Act or the

regulations.

Section 25 is amended

(

a) in subsection (10) by striking out "superintendent, by regulation" and substituting

"Lieutenant Governor in Council, by regulation" ,

(

b) by repealing subsection (10) (

e) and substituting the following:

(

e) impose other restrictions on or add any conditions to the driver's licence of

a class of persons that the Lieutenant Governor in Council considers

necessary for the operation of a motor vehicle by a member of that class. ,

and

(

c) by repealing subsection (11) and substituting the following:

(11) Requirements, conditions or restrictions that the Lieutenant Governor in Council

prescribes under subsection (8) or (10) for a driver's licence are applicable to and

are conclusively deemed to be part of the driver's licence, whether issued before

or after the coming into force of the regulation prescribing the requirements,

conditions or restrictions.

Section 26 is amended

(

a) in subsections (2) and (3) by striking out "The Insurance Corporation of British

Columbia or the superintendent may refuse to exercise the authority given under this

Act to the corporation or superintendent, as the case may be, to issue" and substituting

"The Insurance Corporation of British Columbia may refuse to issue" , and

(

b) by repealing subsection (5) and substituting the following:

(5) Under this section, the Insurance Corporation of British Columbia may refuse to

issue a licence, number plates or a permit due to a person who is indebted to the

Insurance Corporation of British Columbia for reimbursement of money paid in

respect of a claim, until the corporation has been repaid the amount of the indebtedness.

8 Sections 28 (2), 91 (1), (2) and (3), 171 (1) (

b) and (c), 183 (6) (b), (7) and (10), 207 (2)

(

a) and (

b) and (3) (a), 210 (2) (

q) and (3) (o), 212 (4) (

b) and (c), 215 (10) and (11), 216

(1) (

b) and (c) (ii) and 220 (5) (b) (

i) and (ii) and (7) (a) (

i) and (ii) are amended

(

a) by striking out "superintendent" in the first or only place it appears, as the case may

be, and substituting "Insurance Corporation of British Columbia" , and

(

b) by striking out "superintendent" in each second and each subsequent place it appears

and substituting "corporation" .

Section 28.2 is repealed and the following substituted:

Inspection of vehicles and refusal of licence or permit

28.2 The Insurance Corporation of British Columbia, for a motor vehicle or trailer that is

required under

section 216 or 219 to be presented for inspection and has not been

presented for inspection or has not passed inspection, may refuse to issue one or both

(

a) a licence and corresponding number plates, and

(

b) a permit.

Section 28.3 (

a) is amended by striking out "section 16.1" and substituting "section 17.1" .

Section 39 is repealed and the following substituted:

Inspections respecting demonstration licences

(1) A person who is the holder of a demonstration licence issued under

section 38,

and any other person who occupies or is in possession of the premises described

in paragraph (

a) or (b), must at all times during business hours, on the request of

a peace officer, permit the peace officer, for the purpose of the administration and

enforcement of this Act,

(

a) to enter the place of business of the holder of the demonstration licence to

inspect the holder's records, and

(

b) subject to subsection (2), to enter any premises in which is kept or stored for

the purposes of the holder of the demonstration licence a vehicle owned,

possessed or controlled by the holder and inspect all vehicles on the

premises.

(2) Subsection (1) does not require the holder of a demonstration licence, or other

person, to permit a peace officer access to premises described in subsection

(1) that constitute a dwelling place unless required by order of the Supreme Court

issued by the court on application by the Insurance Corporation of British

Columbia.

Section 60 (6) is amended by striking out "more than one year and" .

Section 90 (8) and (9) is repealed.

14 Sections 90.3 and 90.4, as enacted by

section 21 of the Supplement to the Motor Vehicle

Act, are repealed and the following substituted:

12 hour suspension

90.3

(1) In this section:

"approved screening device" means a device prescribed for the purposes of this

section;

"driver" means a driver who holds a driver's licence on which a condition is

imposed under

section 25 (10.1) and includes any such person having the care or

control of a motor vehicle on a highway or industrial road whether or not the

motor vehicle is in motion.

(2) A peace officer may, at any time or place on a highway or industrial road if the

peace officer has reasonable and probable grounds to believe that a driver has

alcohol in his or her body,

(

a) request the driver to drive the motor vehicle, under the direction of the peace

officer, to the nearest place off the travelled portion of the highway or

industrial road, and

(

b) by demand made to that driver, require the driver to promptly provide a

sample of breath that, in the opinion of the peace officer, is necessary to

enable a proper analysis of the breath to be made by means of an approved

screening device and, if necessary, to accompany the peace officer for the

purpose of enabling that sample of breath to be taken.

(3) If

(

a) a driver, without a reasonable excuse, fails or refuses to comply with a

demand made under subsection (2) (b), or

(

b) the peace officer, pursuant to an analysis of the breath of the driver under

subsection (2) (b), has reasonable and probable grounds to believe that the

driver has alcohol in his or her body,

the peace officer may

(

c) serve the driver with a notice of licence suspension, and

(

d) if the driver is in possession of a driver's licence, request the driver to

surrender that licence.

(4) If a peace officer requests a driver to surrender the driver's licence under

subsection (3) (d), the driver must promptly surrender the driver's licence to the

peace officer.

(5) Unless the licence suspension is terminated under subsection (6), the person's

driver's licence is automatically suspended for a period of 12 hours from the time

the peace officer served the driver with a notice of licence suspension under

subsection (3) (c).

(6) If a driver who is served with a notice of licence suspension under

subsection (3) (

c) produces, to a peace officer having charge of the matter, a

certificate of a medical practitioner that

(

a) states that the blood alcohol level of the driver did not exceed 3 mg of

alcohol in 100 ml of blood at the time the certificate was signed, and

(

b) was signed after the person's driver's licence was suspended,

the suspension of the driver's licence is terminated.

(7) A peace officer acting under subsection (3) need not hold the opinion that the

blood alcohol level of the driver exceeds 3 mg of alcohol in 100 ml of blood.

(8) If a peace officer serves a notice of licence suspension under subsection (3) (c),

the peace officer must cause a report of the suspension to be delivered to the

Insurance Corporation of British Columbia unless the suspension is terminated

under subsection (6).

(9) The report referred to in subsection (8) must be in a form established by the

Insurance Corporation of British Columbia.

(10) The Lieutenant Governor in Council may prescribe an approved screening device

for the purposes of this section.

Driving while suspended

90.4

(1) A person who holds a driver's licence on which a condition has been imposed

under

section 25 (10.1) commits an offence if the person drives a motor vehicle

on a highway or industrial road knowing that the person's driver's licence has

been suspended under

section 90.1 or 90.3.

(2) If a person is charged with an offence under subsection (1), the court hearing the

charge may admit into evidence a certificate of the Insurance Corporation of

British Columbia if the offence pertains to a suspension under

section 90.3, or a

certificate of the superintendent if the offence pertains to a suspension under

section 90.1, stating the information required by subsection (3).

(3) If a person is charged with an offence under subsection (1), the certificate referred

to in subsection (2) must state that the suspension was in effect on the date of the

alleged offence and that the records of the Insurance Corporation of British

Columbia or superintendent, as the case may be,

(

a) show that a notice of suspension was mailed by certified mail to the person

at the person's most recent address recorded in the records of the

corporation and that the corporation or superintendent subsequently

received a Canada Post certified mail delivery card showing a recipient's

signature that, from a comparison with the signature on the records of the

corporation, appears to be that of the person to whom the notice of

suspension was sent,

(

b) contain a document that

(

i) indicates that the person charged

(

A) has acknowledged that the person's driver's licence is

suspended, or

(

B) has acknowledged that the person has received from the

corporation or the superintendent a notice of suspension, and

(ii) is signed by a signature that, from a comparison with the signature on

the records of the corporation, appears to be that of the person whose

driver's licence was suspended or to whom the corporation or the

superintendent mailed a notice of suspension, or

(

c) contain a document that indicates that the person charged has surrendered

the person's driver's licence to the corporation or the superintendent

subsequent to receiving from the corporation a notice of suspension.

(4) If the certificate of the Insurance Corporation of British Columbia or the superintendent, as the case may be, is admitted into evidence, it is proof that the

defendant had knowledge of the suspension in effect at the time of the alleged

offence.

(5) This

section applies to any document contained in the records of the Insurance

Corporation of British Columbia or of the superintendent, whether that document

was signed before, on or after the date this subsection comes into force.

Section 93.2 (1) (

a) is repealed and the following substituted:

(

a) the imposition, cancellation, reimposition or stay of any prohibition under

section 92, 93, 94.2 or 94.6, and .

Section 94.6 (9) is amended by striking out "section 95 (3) (a)." and substituting "section

95 (4) (a)."

Section 95 is repealed and the following substituted:

Driving while prohibited

(1) A person who drives a motor vehicle on a highway or industrial road knowing

that

(

a) he or she is prohibited from driving a motor vehicle under

section 91, 92,

93, 94.2 or 215, or

(

b) the person's licence or the person's right to apply for or obtain a driver's

licence is suspended under

section 25, 83, 87, 88, 94 or 214X of the Motor

Vehicle Act, R.S.B.C. 1979, c. 288, as the

section was before its repeal and

replacement or its amendment came into force under the Motor Vehicle

Amendment Act, 1982 ,

commits an offence and is liable,

(

c) on a first conviction, to a fine of not less than $300 and not more than $2 000

and to imprisonment for not less than 7 days and not more than 6 months,

and

(

d) on a subsequent conviction, regardless of when the contravention occurred,

to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

(2) If a person is charged with an offence under subsection (1) that pertains to a

prohibition under

section 91 or 215, the court hearing the charge may admit into

evidence

(

a) a certificate of the Insurance Corporation of British Columbia, or

(

b) a certificate of the superintendent dated before the date this paragraph

comes into force

stating the information required by subsection (4) and if the certificate is admitted

into evidence it is proof that the defendant had knowledge of the prohibition in

effect at the time of the alleged offence.

(3) If a person is charged with an offence under subsection (1) that pertains to a

prohibition under

section 92, 93 or 94.2, or to a suspension under

section 25, 83,

87, 88, 94 or 214X of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the

section

was before its repeal and replacement or its amendment came into force under the

Motor Vehicle Amendment Act, 1982, the court hearing the charge may admit into

evidence a certificate of the superintendent stating the information required by

subsection (4) and if the certificate of the superintendent is admitted into

evidence it is proof that the defendant had knowledge of the prohibition or

suspension in effect at the time of the alleged offence.

(4) If a person is charged with an offence under subsection (1), the certificate referred

to in subsection (2) or (3), as the case may be, must state that the prohibition or

suspension was in effect on the date of the alleged offence and that the records of

the Insurance Corporation of British Columbia or the superintendent, as the case

may be,

(

a) show that a notice of the prohibition or suspension was mailed by certified

mail to the person at the person's most recent address recorded in the

records of the corporation and that the corporation or superintendent subsequently received a Canada Post certified mail delivery card showing a

recipient's signature that, from a comparison with the signature on the

records of the corporation, appears to be that of the person to whom the

notice of prohibition or suspension was sent,

(

b) contain a document that

(

i) indicates that the person so charged

(

A) has acknowledged that he or she is prohibited from driving a

motor vehicle, or that his or her driver's licence or his or her

right to apply for or to obtain a driver's licence is suspended,

(

B) has acknowledged that he or she has received from the

corporation or the superintendent a notice of prohibition against

driving a motor vehicle or a notice of suspension of his or her

driver's licence or of his or her right to apply for or to obtain a

driver's licence, or

(

C) has surrendered his or her driver's licence to the corporation or

the superintendent subsequent to receiving from the corporation

or the superintendent a notice of prohibition, relating to a

prohibition under

section 91, 92 or 93, or a notice of suspension,

and

(ii) is signed with a signature that, from a comparison with the signature

on the records of the corporation, appears to be that of the person

whom the corporation or superintendent intended to prohibit from

driving a motor vehicle, or whose driver's licence or right to apply for

or to obtain a driver's licence the corporation or superintendent

intended to suspend, or to whom the corporation or superintendent

mailed a notice of prohibition or suspension, or

(

c) contain a certificate of service prescribed under

section 210 (3.1) (

b) showing that a notice of driving prohibition under

section 94.1 was

personally served on the person.

(5) This

section applies to any document contained in the records of the Insurance

Corporation of British Columbia or the superintendent, whether that document

was signed before, on or after the date this subsection comes into force.

Section 96 is amended

(

a) by repealing subsection (1) (

b) and substituting the following:

(

b) if notified by personal service by a peace officer, sheriff or person

authorized by the Insurance Corporation of British Columbia or the superintendent, surrender the person's driver's licence, or any document issued in

another jurisdiction that allows the person to drive a motor vehicle, to the

serving peace officer, sheriff or person for forwarding to the corporation. ,

and

(

b) in subsection (3) by striking out "the superintendent may order a peace officer or

sheriff to recover" and substituting "a peace officer or sheriff, at the request of the

Insurance Corporation of British Columbia, may recover" .

Section 97 is repealed and the following substituted:

Notice of prohibition

(1) A prohibition under

section 91 is not invalid and must not be held to be invalid

on the grounds that the notice of prohibition sent to the person being prohibited

from driving under that

section is not signed by an officer of the Insurance

Corporation of British Columbia.

(2) A prohibition under

section 92 or 93 is not invalid and must not be held to be

invalid on the grounds that the notice of prohibition sent to the person being

prohibited from driving under either of those sections is not signed by the superintendent or deputy superintendent.

20 Sections 98 (5) and (7) and 101 (6) (b), (11) (b) (ii) and (12) are amended by striking out

"and the superintendent" .

21 Sections 104.5 (6) and 105.4 (6) are amended by striking out "90 days" and substituting

"30 days" .

Section 117 is repealed and the following substituted:

Superintendent may delegate

(1) The superintendent may delegate any or all of the powers, duties and functions of

the superintendent

(

a) under this Act to persons appointed in accordance with

section 118 (4), or

(

b) under this Act, except

Part 2.1, to the Insurance Corporation of British

Columbia.

(2) The Insurance Corporation of British Columbia, in carrying out powers or

responsibilities delegated to it under subsection (1), must act in accordance with

any directives issued by the superintendent.

(3) For the purposes of subsection (2), the superintendent may issue general or

specific directives.

Section 118 is repealed and the following substituted:

Appointment of superintendent and staff

(1) The Lieutenant Governor in Council must appoint an individual as the Superintendent of Motor Vehicles for the purposes of carrying out the powers, duties and

functions of the superintendent under this or any other Act.

(2) An individual may be appointed under subsection (1), whether or not the

individual

(

a) is a member of the public service of British Columbia, or

(

b) is a member of a body established under another Act.

(3) The Lieutenant Governor in Council may determine the remuneration of the

superintendent and the conditions of the superintendent's appointment.

(4) A Deputy Superintendent of Motor Vehicles and other officers, clerks and

employees necessary to carry out the powers, duties and functions of the superintendent are to be appointed in accordance with the Public Service Act .

(5) Officers and employees necessary to carry out the powers, duties and functions

of the Insurance Corporation of British Columbia are to be appointed in

accordance with

section 4 of the Insurance Corporation Act .

24 The following

Part is added:

Part 2.1 – Appeals and Show Cause Hearings

Definitions

118.1 In this Part:

"business day" means a day other than Saturday, Sunday or another holiday listed

in the definition of "holiday" in the

Interpretation Act ;

"person affected by a proposed action of the corporation" means a person whose

licence, authorization or designation or safety certificate or whose use of

commercial vehicles, as the case may be, is the subject of an action described in

any of paragraphs (

a) to (

e) of

section 118.4 that is proposed by the Insurance

Corporation of British Columbia;

"superintendent" , with reference to a particular show cause hearing or appeal,

includes a person, if any, to whom the hearing or appeal is referred under

section

118.2 to that hearing or appeal.

Superintendent may assign appeal officers

118.2 The superintendent, in writing, may refer a specified appeal or show cause hearing

under this Part to be considered and decided by the individuals the superintendent

considers qualified to preside at appeals and show cause hearings under this Part.

Jurisdiction

118.3

(1) The superintendent

(

a) has jurisdiction to consider and decide appeals and show cause hearings

under this Part,

(

b) may establish, subject to the regulations, his or her own practices and

procedures for appeals and show cause hearings under this Part, and

(

c) is not bound by the legal or technical rules of evidence or by decisions made

under

section 118.2 in appeals or show cause hearings under this Part.

(2) An individual to whom an appeal or show cause hearing is referred under

section 118.2 has all the jurisdiction and may exercise the powers and perform

the duties of the superintendent, in relation to that appeal or show cause hearing.

Right to show cause to the superintendent against certain proposed actions

118.4 A person affected by a proposed action of the Insurance Corporation of British

Columbia, which action is described in any of the following paragraphs (

a) to (e), must

be given an opportunity to show cause why the proposed action should not be taken:

(

a) the suspension, refusal to renew or cancellation of the person's driving

school licence;

(

b) the suspension, refusal to renew or cancellation of the person's driving

trainer's instructor's licence;

(

c) the suspension, refusal to renew or cancellation of an authorization or

designation granted to the person under

section 217 (1) (

a) or (b), respecting

inspections of vehicles;

(

d) on the basis of information or profiles referred to in

section 212 (4),

(

i) the cancellation or refusal to renew a licence or safety certificate

issued to the person under Division 37 of the Motor Vehicle Act

Regulations,

(ii) the cancellation or refusal to renew the commercial vehicle licence of

a vehicle operated by the person, or

(iii) the restriction or prohibition of the use of commercial motor vehicles

by the person;

(

e) the suspension, refusal to renew or cancellation of a person's certification

for an AirCare repair centre or as an AirCare repair centre technician.

Show cause procedure

118.5

(1) The Insurance Corporation of British Columbia must deliver notice to a person

affected by a proposed action of the corporation, informing the person of

(

a) the proposed action and the reasons for it, and

(

b) the person's right under this Part to show cause, at a hearing before the

superintendent, why the proposed action should not be taken.

(2) The person affected by the proposed action may file with the superintendent,

before expiry of the prescribed time limit, a notice of intention to show cause.

(3) If the person affected by the proposed action does not file a notice of intention to

show cause within the time limit prescribed for the purpose of subsection (2), the

superintendent may authorize the corporation to proceed with the proposed

action.

(4) If the person affected by the proposed action files a notice of intention as set out

in subsection (2), the superintendent must set the time and place for the show

cause hearing and give notice of the hearing to the Insurance Corporation of

British Columbia and to the person.

Show cause hearing decisions

118.6 After hearing the evidence of the Insurance Corporation of British Columbia and the

person affected by the proposed action at the show cause hearing held under

section 118.4, the superintendent may direct that the Insurance Corporation of British

Columbia take or refrain from taking the proposed action that was the subject of the

hearing.

Right of appeal – certain other decisions

118.7 A person affected by any of the following decisions of the Insurance Corporation of

British Columbia may appeal the decision to the superintendent:

(

a) under

section 25 (14), the imposition of a restriction or condition in respect

of the person's driver's licence;

(

b) under

section 26 (1), the refusal to issue a driver's licence;

(

c) under

section 91, the prohibition of the person from driving a motor vehicle;

(

d) the refusal to issue to the person a driving school licence or a driving

trainer's instructor's licence;

(

e) the refusal to issue to the person an authorization or designation under

section 217 (1) (

a) or (b), respecting inspections of vehicles;

(

f) the refusal to issue to the person certification for an AirCare repair centre or

as an AirCare repair centre technician;

(

g) the refusal to issue to the person a safety certificate referred to in

Division 37 of the Motor Vehicle Act Regulation;

(

h) the refusal to accept proof of the person's financial responsibility in the

form of a certificate referred to in

section 106 (2) (b), on the grounds that

the person is not an extraprovincial undertaking within the meaning of

section 106 (3);

(

i) the refusal to issue to the person a financial responsibility card, decal or

sticker referred to in

section 111;

(

j) the cancellation of the person's financial responsibility card.

Appeal procedure

118.8 The time limit for commencing an appeal under

section 118.7 is 30 business days,

beginning on the day after the appellant is notified of the Insurance Corporation of

British Columbia's decision.

Written submissions

118.9

(1) On an appeal under

section 118.7, the superintendent may order the Insurance

Corporation of British Columbia and the appellant to deliver written submissions.

(2) If the appellant fails to deliver a written submission ordered under subsection

(1) within the time specified in the order, the superintendent may dismiss the appeal.

(3) The superintendent must ensure that the Insurance Corporation of British

Columbia and the appellant each has the opportunity to review written

submissions from the other and an opportunity to rebut the written submissions.

(4) If the superintendent is satisfied that the matter can be disposed of on the basis of

the written submissions delivered, he or she may decide the appeal on that basis

without a further hearing.

Powers of superintendent on an appeal

118.91 On considering an appeal, the superintendent may

(

a) confirm, vary or rescind the decision appealed from,

(

b) make any decision that the Insurance Corporation of British Columbia

could have made in the first instance, or

(

c) refer the matter back to the Insurance Corporation of British Columbia with

or without directions.

Regulations

118.92 The Lieutenant Governor in Council may make regulations as follows:

(

a) governing how an appeal or a show cause hearing under this

Part is to be

commenced and conducted;

(

b) respecting the consequences of non-compliance with the rules governing

appeals and show cause hearings under this Part;

(

c) respecting the status of decisions of the Insurance Corporation of British

Columbia pending appeals to the superintendent from those decisions;

(

d) respecting service, including substitute service, of documents;

(

e) respecting the confidentiality of decisions made by a tribunal or the board;

(

f) prescribing fees, payable by the Insurance Corporation of British Columbia,

persons affected by proposed actions of the corporation and appellants, in

respect of appeals and show cause hearings under this Part, which may

differ according to the type of proposed action or the type of decision that

gives rise to the right of appeal or the right to show cause;

(

g) in prescribed circumstances or on prescribed conditions, exempting

particular persons or classes of persons from a fee prescribed under this

Part;

(

h) respecting qualifications to be possessed by individuals to whom appeals

and show cause hearings may be referred under

section 118.2.

Section 184 (4) is amended by striking out "The superintendent may make regulations"

and substituting "The Lieutenant Governor in Council may make regulations" .

Section 206 (4) is repealed and the following substituted:

(4) The Lieutenant Governor in Council may make regulations governing the transportation of explosives and other dangerous articles by vehicles on the highways.

Section 210 is amended

(

a) by repealing subsection (3) (

n) and substituting the following:

(

n) prescribing provisions of this Act, the Commercial Transport Act, the

Highway Act, the Motor Carrier Act, the Motor Fuel Tax Act and the

Transport of Dangerous Goods Act, and regulations made under any of

them, that may be enforced by persons who are officers within the meaning

of "officer" as defined in

section 1 of the Police Act and who are employed

by the Insurance Corporation of British Columbia; ,

(

b) by adding the following subsection:

(6.2) The Insurance Corporation of British Columbia must ensure that the persons it

employs for the enforcement of the provisions prescribed under subsection

(3) (

n) are officers within the meaning of "officer" as defined in

section 1 of the

Police Act. , and

(

c) by repealing subsections (7) and (8) and substituting the following:

(7) The Lieutenant Governor in Council, in making a regulation under this Act, may

incorporate in it by reference any code, standard, rule or part of them, relating to

the subject matter of the Act, as they may be amended from time to time before

or after the making of the regulation, that the Lieutenant Governor in Council

may consider applicable, and the Lieutenant Governor in Council by regulation

may exempt any person or motor vehicle in British Columbia from the regulation.

(8) If a code, standard, rule or part of it is adopted by regulation, publication in the

Gazette of a notice of the adoption that refers to the code, standard or rule states

the extent of its adoption and sets out the variations to which the adoption is

subject, is sufficient publication without publishing in the Gazette the text of the

code, standard, rule or part adopted.

Section 212 (4) is amended

(

a) by repealing paragraphs (

d) to (

f) and substituting the following:

(

d) authorizing and empowering the Insurance Corporation of British

Columbia to monitor the safety records of motor vehicles and of drivers and

operators of motor vehicles, including monitoring the frequency and kinds

of warnings or notices given to operators and to drivers by the corporation,

the superintendent, police officers and other officials having duties

respecting road safety;

(

e) authorizing and empowering the Insurance Corporation of British

Columbia to compile information and profiles of drivers and of motor

vehicles and their operators, including information and profiles respecting

their compliance with the requirements of this Act and the regulations, with

the requirements of other enactments of British Columbia respecting motor

vehicles or road safety, and with the requirements of enactments of other

jurisdictions both in Canada and elsewhere;

(

f) for the purpose of assisting the Insurance Corporation of British Columbia

to carry out the corporation's duties and exercise the corporation's powers

under this section, requiring the operators and drivers of motor vehicles and

other prescribed persons having use or possession of motor vehicles

(

i) to keep records respecting the use, condition, safety records and

maintenance of those motor vehicles, including records respecting

the use, condition, safety records and maintenance of those vehicles

while they are outside British Columbia, and

(ii) to produce those records to the corporation on demand;

(f.1) providing for inspection and audit of the records referred to in

paragraph (f); , and

(

b) by repealing paragraph (

j) and substituting the following:

(

j) authorizing and empowering the Insurance Corporation of British

Columbia, on the basis of information or profiles referred to in this section,

(

i) to cancel any licence, safety certificate, authorization or permit

issued by the corporation under this Act whenever the corporation

considers it desirable in the interests of road safety, and

(ii) to restrict or prohibit the use of motor vehicles whenever the

corporation considers it desirable in the interests of road safety.

29 Sections 217 and 218 are repealed and the following substituted:

Inspections

(1) For the purposes of

section 216, the Insurance Corporation of British Columbia

may

(

a) authorize persons to inspect vehicles,

(

b) designate facilities operated by the government or a municipality or other

person as facilities for different classes of inspections, and

(

c) on conditions the Lieutenant Governor in Council requires, exempt a

vehicle from inspection.

(2) For the purposes of

section 216, the minister may prescribe standards of safety

and repair for different classes of vehicles.

(3) The Lieutenant Governor in Council may provide by regulation that

(

a) contravention of a standard prescribed by the minister under subsection (2)

or under

section 218 constitutes an offence, and

(

b) a person who commits an offence under paragraph (

a) is liable to a penalty

not greater than the penalties provided under the Offence Act .

Standards and approvals

(1) The Insurance Corporation of British Columbia may do one or more of the

following:

(

a) designate equipment or classes of equipment for which approval by the

corporation is required as a condition precedent to the first retail sale of the

equipment;

(

b) approve equipment conforming to the safety standards prescribed by the

minister under subsection (2);

(

c) require drivers of classes of vehicles prescribed by the minister to

participate in driver control programs.

(2) The minister may prescribe safety standards for a vehicle or its equipment that is

offered for sale, exposed or displayed for sale, sold or delivered to a purchaser for

use.

Section 221 (2) is amended by striking out "by the superintendent," and substituting "by

the Lieutenant Governor in Council," .

Section 230 is repealed and the following substituted:

Report of psychologist, optometrist and medical practitioner

(1) Every person who is a medical practitioner, registered psychologist under the

Psychologists Act or registered optometrist under the Optometrists Act and who

is aware that any of his or her patients, 16 years of age or over, has a medical

condition that makes it dangerous to the patient or to the public for the patient to

drive a motor vehicle must report to the superintendent the patient's name,

address and medical condition.

(2) A person must not disclose or be compelled to disclose a report or the contents of

a report under this section, except to prove compliance with subsection (1) or for

the purposes of carrying out the duties and exercising powers and functions of the

superintendent.

(3) No action lies, for damages or otherwise, against a person as a result of the person

reporting under subsection (1) to the superintendent the medical condition of a

patient.

(4) Despite subsection (2), if a person who reports under subsection (1) consents and

the patient who is the subject of the report requests a copy of the report or of

information contained in it, the superintendent must provide the copy or the

information to the patient.

Section 29 of the Supplement to the Motor Vehicle Act is repealed.

Consequential Amendments

Commercial Transport Act

33 The definition of "superintendent" in

section 1 of the Commercial Transport Act,

R.S.B.C. 1996, c. 58, is repealed.

Section 2 (2) is amended by striking out "or the superintendent, as the case may be," .

Insurance (Motor Vehicle) Act

Section 16 (3) and (4) of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is

repealed and the following substituted:

(3) Despite subsection (2), for the purpose of the plan, the corporation may appoint

as an agent

(

a) a government agent, or

(

b) a person authorized in writing by the minister.

(4) The provisions of the Financial Institutions Act regarding insurance agents do not

apply to the persons appointed under subsection (3) of this section.

Section 36 (6) is amended by striking out "superintendent" and substituting "corporation" .

37 Sections 37 (2) and 40 (5) and (6) are amended by striking out "or the superintendent" .

Section 41 is repealed and the following substituted:

Notification

(1) The superintendent must notify the corporation of every suspension or cancellation of a licence or a permit to drive that the superintendent imposes under the

Motor Vehicle Act .

(2) The corporation may notify the Motor Carrier Commission of

(

a) the default of a person in paying a premium or an additional premium due

to the corporation for a certificate of insurance, or

(

b) a suspension or cancellation of a certificate.

Motor Vehicle (All Terrain) Act

39 The definition of "registration" in

section 1 of the Motor Vehicle (All Terrain) Act,

R.S.B.C. 1996, c. 319, is amended by striking out "superintendent," and substituting

"Insurance Corporation of British Columbia," .

Section 1 is amended by repealing the definition of "superintendent" .

41 Sections 2 (3), 3 (2), 6 (1), 8 (8) and 10 (1) are amended by striking out "superintendent"

and substituting "Insurance Corporation of British Columbia" .

42 Sections 2 (4) and 9 (1) are amended by striking out "superintendent" in the first place it

appears and substituting "Insurance Corporation of British Columbia" and by striking out

"superintendent" in the second place it appears and substituting "corporation" .

43 Sections 2, 4 (b), 9 and 12 of the Supplement to the Motor Vehicle (All Terrain) Act are

amended by striking out "superintendent" and substituting "Insurance Corporation of

British Columbia" .

Section 13 (

b) of the Supplement to the Motor Vehicle (All Terrain) Act is amended by

striking out "superintendent" in the first place it appears and substituting "Insurance

Corporation of British Columbia" and by striking out "superintendent" in the second and

third places it appears and substituting "corporation" .

Offence Act

45 The definition of "superintendent" in

section 1 of the Offence Act, R.S.B.C. 1996, c. 338,

is repealed.

Section 18 is amended

(

a) in subsections (2) and (3) by striking out "The superintendent" and substituting "A

person designated under subsection (5)" , and

(

b) by adding the following subsection:

(5) For the purposes of subsections (2) and (3), the Assistant Deputy Attorney

General, Criminal Justice Branch, may designate in writing one or more persons.

Sheriff Act

Section 8 of the Sheriff Act, R.S.B.C. 1996, c. 425, is repealed and the following substituted:

Access to information

(1) A sheriff has the right to any information that is in the custody or control of the

Insurance Corporation of British Columbia and is necessary to enable the sheriff

(

a) to serve any process relating to a civil proceeding, or

(

b) to exercise any of the powers or rights or to perform any of the duties

described in

section 3 (2) (

a) or (b).

(2) If requested, the Insurance Corporation of British Columbia must disclose to a

sheriff information described in subsection (1).

Commencement

48 This Act, except

section 21, comes into force by regulation of the Lieutenant

Governor in Council.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

SECTION 1: [Motor Vehicle Act, amends

section 1]

amends the definition of "peace officer", as a consequence of the re-enactment by this Bill of

section 210 of the Act;

removes a reference to the superintendent in the definition of "prescribed",

as a consequential amendment to other amendments made by this Bill that

transfer regulation making powers from the Superintendent of Motor

Vehicles to the Lieutenant Governor in Council.

SECTION 2: [Motor Vehicle Act, amends

section 2] transfers from the superintendent to the

Lieutenant Governor in Council the power to prescribe types of mechanically

propelled invalids' chairs as motor vehicles.

SECTION 3: [Motor Vehicle Act, repeals and replaces

section 3 (5) (b)] transfers from the

corporation to the minister the function of authorizing persons not licensed

under the Financial Institutions Act to act as agents of the Insurance Corporation of British Columbia, for certain limited purposes.

SECTION 4: [Motor Vehicle Act, amends

section 13] transfers from the superintendent to

the Insurance Corporation of British Columbia the function of authorizing the

seizure, in certain circumstances, of motor vehicle number plates and restricts

to police officers the persons who, for such a seizure may enter without warrant

on premises where there is a motor vehicle or trailer.

SECTION 5: [Motor Vehicle Act, amends

section 24] removes references to the

superintendent, as an amendment consequential to the Insurance Corporation

of British Columbia becoming solely responsible for functions, relating to

requiring proof of financial responsibility, that are presently those of the superintendent or of the corporation and the superintendent jointly.

SECTION 6: [Motor Vehicle Act, amends

section 25] transfers from the superintendent to

the Lieutenant Governor in Council the discretion to make regulations setting

restrictions and conditions for drivers' licences with respect to a class of

persons, changes the reference to "minister" in

section 25 (10) (

e) to "Lieutenant Governor in Council" to correspond to the transfer of discretion and

changes

section 25 (11) to refer only to the Lieutenant Governor in Council's

discretion.

SECTION 7: [Motor Vehicle Act, amends

section 26] removes references to superintendent,

consequential to the completion of the transfer of functions relating to the

issuance of licences and permits from the superintendent to the Insurance

Corporation of British Columbia.

SECTION 8: [Motor Vehicle Act, amends various provisions] transfers responsibility for

the following functions under the Act from the superintendent to the Insurance

Corporation of British Columbia:

refusing to issue vehicle licence;

driver prohibition for unsatisfied insurance judgment;

approving signaling devices;

approving bicycle safety devices;

receiving bicycle accident reports;

approving warning devices for wide loads;

granting school bus and taxi permits;

exempting vehicles under prescribed circumstances from equipment regulations;

administering National Safety Code Regulations;

administering 24 hour roadside driving prohibitions;

inspecting commercial vehicles;

exemptions respecting seatbelts.

SECTION 9: [Motor Vehicle Act, re-enacts

section 28.2] removes a reference to superintendent, and is consequential to the Insurance Corporation of British Columbia

becoming solely responsible for vehicle inspections and licensing.

SECTION 10: [Motor Vehicle Act, amends

section 28.3 (a)] corrects a cross reference.

SECTION 11: [Motor Vehicle Act, re-enacts

section 39]

substitutes the Insurance Corporation of British Columbia for the superintendent in the provision of the Act that requires dealers and holders of

demonstration licences to submit to inspections of their business premises

by peace officers;

clarifies that the inspections are only for the purpose of "the administration

and enforcement" of the Act;

requires an order of the Supreme Court for inspections of premises that are

dwellings.

SECTION 12: [Motor Vehicle Act, amends

section 60 (6)] makes a housekeeping change.

Section 60 (6) referred to "a driver's licence with a term of more than one year

and less than 5 years".

SECTION 13: [Motor Vehicle Act, repeals

section 90 (8) and (9)] removes the provisions

enabling the superintendent to cancel or suspend a permit, consent or certificate under the Act. This power will reside exclusively with the Insurance

Corporation of British Columbia.

SECTION 14: [Motor Vehicle Act, re-enacts sections 90.3 and 90.4, as enacted by the

Supplement to the Motor Vehicle Act] transfers to the Insurance Corporation

of British Columbia from the superintendent functions relating to 12 hour

driver's licence suspensions and sets out separate responsibilities for the superintendent on one hand, pertaining to suspensions based on traffic offences, and

the corporation on the other, pertaining to 12 hour suspensions for drinking and

driving.

SECTION 15: [Motor Vehicle Act, repeals and replaces

section 93.2 (1) (a)] substitutes a

reference to

section 94.2 of the Act for an incorrect reference to

section 94.1

and omits references to sections 91 and 215 of the Act from the provision

requiring the superintendent to notify the Insurance Corporation of British

Columbia of prohibitions concerning outstanding insurance debts and 24 hour

prohibitions for drinking drivers. This is consequential to the transfer to the

corporation of responsibility for driving prohibitions under those sections.

SECTION 16: [Motor Vehicle Act, amends

section 94.6 (9)] is consequential to the changes

made by this Bill to

section 95 of the Act.

SECTION 17: [Motor Vehicle Act, re-enacts

section 95] adds to the responsibilities of the

Insurance Corporation of British Columbia relating to 24 hour prohibitions for

drinking drivers and to prohibitions for drivers who owe an insurance debt as

the result of a judgment of the court. The Act will

continue to provide for the superintendent's responsibilities for administrative driving prohibitions and prohibitions from driving relating to dangerous

driving or to a lack of driving fitness, as assessed through medical examination;

provide for certificates issued by the superintendent and dated before the

change in responsibilities.

SECTION 18: [Motor Vehicle Act, amends

section 96] adds references to the Insurance

Corporation of British Columbia as a consequence of the transfer of certain

prohibition functions to the corporation.

SECTION 19: [Motor Vehicle Act, re-enacts

section 97] adds a reference to an officer of the

Insurance Corporation of British Columbia, consequential to the transfer to the

corporation of functions relating to prohibitions for drinking drivers and

drivers who owe an insurance debt as the result of a judgment of the court.

SECTION 20: [Motor Vehicle Act, amends sections 98 and 101] deletes references to the

superintendent, consequential to the transfer to the Insurance Corporation of

British Columbia of the responsibility for all driving records.

SECTION 21: [Motor Vehicle Act, amends sections 104.5 (6) and 105.4 (6)] shortens the

time that an impoundment lot operator must wait after expiry of the original

period of impoundment before applying to dispose of the impounded vehicle

in order to recover costs. This change will precede implementation of the

transfer of functions to the Insurance Corporation of British Columbia.

SECTION 22: [Motor Vehicle Act, re-enacts

section 117] permits the superintendent to

delegate functions under the Act to public servants, and, with the exception of

functions related to appeals and show cause hearings, to the Insurance Corporation of British Columbia.

SECTION 23: [Motor Vehicle Act, re-enacts

section 118] recasts

section 118 of the Act in order to provide for the Lieutenant Governor in Council

to appoint a Superintendent of Motor Vehicles, who may but need not be a member

of the public service, and may be an individual who is a member of a body established

under another Act. The

section as recast clarifies that the staff required to

carry out the Insurance Corporation of British Columbia's responsibilities under

the Act may be appointed in accordance with the Insurance Corporation Act .

SECTION 24: [Motor Vehicle Act, enacts

Part 2.1] makes provision for appeals

to the superintendent from certain decisions of the Insurance Corporation of

British Columbia, and for persons affected by other proposed decisions of the

corporation, to be given an opportunity to appear before the superintendent to

show cause why the proposed decision should not be made against them.

SECTION 25: [Motor Vehicle Act, amends

section 184 (4)] transfers the discretion to make

regulations respecting bicycle safety helmets to the Lieutenant Governor in

Council.

SECTION 26: [Motor Vehicle Act, repeals and replaces

section 206 (4)] transfers from the

superintendent to the Lieutenant Governor in Council the power to make regulations governing the transportation of dangerous articles on highways.

SECTION 27: [Motor Vehicle Act, amends

section 210] substitutes the Insurance Corporation of British Columbia for the superintendent as the entity responsible for the

persons acting as peace officers in the enforcement of prescribed provisions of

the enactments mentioned. In addition, the new provision removes the

authority, no longer needed, of the superintendent to adopt codes and standards

by reference, but retains the Lieutenant Governor in Council's authority in that

regard.

SECTION 28: [Motor Vehicle Act, amends

section 212 (4)] substitutes references to the

Insurance Corporation of British Columbia for the superintendent, as a consequence of the Insurance Corporation of British Columbia becoming responsible for the operation of the safety regulations and the issuance of National

Safety Code Certificates.

SECTION 29: [Motor Vehicle Act, re-enacts sections 217 and 218]

transfers from the superintendent to the Insurance Corporation of British

Columbia functions and powers relating to vehicle inspection and safety

standard approvals;

transfers from the superintendent to the Lieutenant Governor in Council the

power to prescribe safety standards for different classes of vehicles;

transfers from the superintendent to the minister the power to prescribe

safety standards for vehicles.

SECTION 30: [Motor Vehicle Act, amends

section 221 (2)] transfers from the superintendent

to the Lieutenant Governor in Council the power to designate motorcycle

safety helmets.

SECTION 31: [Motor Vehicle Act, re-enacts

section 230] imposes on the health professionals

mentioned a positive duty to report to the superintendent the name, address and

medical condition of a patient of driving age whose medical condition presents

a danger to the patient or to the public if the patient drives a motor vehicle.

SECTION 32: [Supplement to the Motor Vehicle Act, repeals

section 29] repeals an unproclaimed

section of the Supplement, as being no longer necessary.

SECTIONS 33 and 34: [Commercial Transport Act] are consequential amendments.

SECTIONS 35 to 38: [Insurance (Motor Vehicle) Act] are consequential amendments.

SECTIONS 39 to 44: [Motor Vehicle (All Terrian) Act] are consequential amendments.

SECTIONS 45 and 46: [Offence Act] are consequential amendments.

SECTION 47: [Sheriff Act] is a consequential amendment.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada