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Volume 52, No. 7

B.C. Reg. 147/2009

The British Columbia Gazette,

Part II

April 7, 2009

B.C. Reg. 147/2009 , deposited April 6, 2009, pursuant to the MOTOR VEHICLE ACT [Section 210] and the MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2008 [Section 146]. Order in Council 260/2009, approved and ordered April 6, 2009.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective May 1, 2009,

(

a) sections 73 (

b) to (d), 75, 76 and 85 (a) (ii) of the Miscellaneous Statutes Amendment Act (No. 2), 2008 , S.B.C. 2008, c. 42, are brought into force,

(

b) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended as set out in the attached

Schedule 1,

(

c) the Voluntary Identification Card Regulation, B.C. Reg. 465/88, is amended as set out in the attached

Schedule 2, and

(

d) the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, is amended as set out in the attached

Schedule 3.

— J. van DONGEN, Minister of Public Safety and Solicitor General; S. BOND, Presiding Member of the Executive Council.

Schedule 1

1 The Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended by adding the following Division:

Division 30B — Drivers' Licences — Canadian Citizenship

Definitions

30B.01 In this Division, "outstanding charge" means a charge

(

a) in respect of which an Information has been sworn,

(

b) in respect of an offence that is an indictable offence or an offence that is being proceeded with by way of indictment, and

(

c) that has not been disposed of by a court. .

Additional requirements for driver's licence

30B.02 For the purposes of

section 25 (1.2) (

d) of the Act, an applicant for a driver's licence that indicates the driver is a Canadian citizen is not eligible for the licence if

(

a) the applicant is the subject of an outstanding charge,

(

b) the applicant is subject to conditions imposed by a court or parole board that forbid the applicant to leave Canada, or

(

c) the applicant holds an identification card issued under

section 3 (1) of the Voluntary Identification Card Regulation that indicates the person is a Canadian citizen.

Continuing requirements for driver's licence and cancellation

30B.03

(1) For the purposes of

section 25 (14.1) (

b) of the Act, a person who holds a driver's licence that indicates the driver is a Canadian citizen must continue to meet the requirements for eligibility for the licence that are set out in

section 30B.02.

(2) If a person who holds a driver's licence that indicates the driver is a Canadian citizen ceases to be a Canadian citizen, the Insurance Corporation of British Columbia May cancel the licence.

Schedule 2

1 The Voluntary Identification Card Regulation, B.C. Reg. 465/88, is amended by striking out " shall " wherever it appears and substituting " must ".

Section 1 is amended by adding the following definition:

"outstanding charge" means a charge

(

a) in respect of which an Information has been sworn,

(

b) in respect of an offence that is an indictable offence or an offence that is being proceeded with by way of indictment, and

(

c) that has not been disposed of by a court; .

Section 3 is amended

(

a) by adding the following subsections:

(1.1) An applicant for an identification card who wishes the identification card to indicate that the person is a Canadian citizen must, in addition to the requirements in subsection (1),

(

a) provide documentary proof of Canadian citizenship satisfactory to the Insurance Corporation of British Columbia,

(

b) sign an application in the form required by the Insurance Corporation of British Columbia, and

(

c) be at least 12 years of age and, in the case of an applicant under 19 years of age, apply in person for the card and be accompanied by one of the applicant's parents or guardians who must sign the application.

(1.2) An applicant for an identification card that indicates the applicant is a Canadian citizen is not eligible for the card if

(

a) the applicant is the subject of an outstanding charge,

(

b) the applicant is subject to conditions imposed by a court or parole board that forbid the applicant to leave Canada, or

(

c) the applicant holds a driver's licence issued under

section 25 (7) of the Motor Vehicle Act that indicates the person is a Canadian citizen.

(1.3) The Insurance Corporation of British Columbia may, with or without a hearing or refunding fees for the identification card, cancel the identification card of a person who holds an identification card that indicates he or she is a Canadian citizen if the person

(

a) does not meet or no longer meets the requirements set out in subsection (1.2),

(

b) ceases to be a Canadian citizen, or

(

c) in respect of an application by the person for the card, or for the purpose of maintaining a record relating to the person's card,

(

i) makes a false or misleading statement,

(ii) fails to disclose information that is required to be disclosed,

(iii) presents a fraudulent or fraudulently altered record, or

(iv) fraudulently uses a record.

(1.4) The Insurance Corporation of British Columbia may, with or without a hearing or refunding fees for the identification card, cancel an identification card for a reason set out in subsection (1.3) (c).

(4.1) If an identification card that indicates the person is a Canadian citizen issued to a person under this regulation is lost, mutilated or destroyed he or she May obtain a duplicate card if, in addition to the requirements of subsection (4) (a), he or she

(

a) complies with the requirements of subsection (1.1) (

a) and (b), and

(

b) continues to meet the requirements set out in section (1.2).

(

b) in subsection (2) by striking out " Where the applicant is a minor " and substituting " If the applicant for a voluntary identification card referred to in subsection (1) is 12 years of age or older but under 19 years of age, ",

(

c) in subsection (2) (

a) and (

b) by striking out " minor " and substituting " applicant ", and

(

d) by repealing subsection (6).

Section 4 is amended

(

a) by adding the following subsections:

(1.1) A person who holds an identification card that indicates the person is a Canadian citizen and who reports a change of address under subsection (1) must

(

a) surrender his or her existing card to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate card,

(

b) comply with the requirements of

section 3 (1.1) (

a) and (b), and

(

c) continue to meet requirements set under

section 3 (1.2).

(3.1) A person who holds an identification card that indicates the person is a Canadian citizen and who reports a change of name under subsection (2) must, in addition to the requirements of subsection (3),

(

a) comply with the requirements of

section 3 (1.1) (

a) and (b), and

(

b) continue to meet requirements set under

section 3 (1.2).

(5) If a person complies with subsection (1.1), the Insurance Corporation of British Columbia must issue a duplicate card to the person. , and

(b) subsection (4) is repealed and the following substituted:

(4) If a person complies with subsection (3) or (3.1) the Insurance Corporation of British Columbia must issue a duplicate identification card in the new name.

Schedule 3

1 The

Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, is amended

(

a) in Item 4 by adding the following paragraph:

(a.1) DRIVERS' LICENCES WITH INDICATION OF CANADIAN CITIZENSHIP

(

i) For a driver's licence referred to in Item 4 (a) (i), (ii), (iii) or (

v) with

indication of Canadian citizenship ............................. an additional $35

(ii) For a driver's licence referred to in Item 4 (a) (iv) or (vi) with

indication of Canadian citizenship.............................. an additional $10

(iii) For an upgrade from a driver's licence to a driver's licence with

indication of Canadian citizenship outside the renewal cycle,

other than a learner's licence ........................................................ $52

(iv) For an upgrade from a learner's licence to a learner's licence with

indication of Canadian citizenship outside the renewal cycle .......... $45

(

b) in Item 12 by repealing paragraph (g), and

(

c) by adding the following Item:

12.1 VOLUNTARY IDENTIFICATION CARD WITH INDICATION OF CANADIAN CITIZENSHIP

(

a) For an identification card referred to in Item 12 (a), (b), (c), (

e) or (

f) with

indication of Canadian citizenship an additional $35

(

b) For an identification card referred to in Item 12 (

d) with indication of

Canadian citizenship an additional $10

(

c) For an upgrade from an identification card to an identification card with

indication of Canadian citizenship outside the renewal cycle $50

(

d) For a voluntary identification card with indication of Canadian citizenship

issued to a person who is voluntarily surrendering a driver's licence with

indication of Canadian citizenship, except if the licence is surrendered

because the driver has failed to comply with requirements that relate to the

cancellation of a driver's licence or that relate to an order of prohibition no charge

(

e) For a voluntary identification card with indication of Canadian citizenship

issued to a person who is voluntarily surrendering a driver's licence,

except if the licence is surrendered because the driver has failed to comply

with requirements that relate to the cancellation of a driver's licence or that

relate to an order of prohibition $35

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