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Volume 56, No. 1

4/2013

The British Columbia Gazette,

Part II

January 29, 2013 including January 15, 2013

B.C. Reg. 4/2013 , deposited January 18, 2013, pursuant to the MOTOR VEHICLE ACT [sections 25 (14.1) and 210 (3) (

m) and (p)], the METAL DEALERS AND RECYCLERS ACT [section 31 (2)], LOCAL GOVERNMENT ACT [section 156 (2) (a.1)] and the VANCOUVER CHARTER [section 128 (2) (a.1)]. Order in Council 10/2013, approved and ordered January 17, 2013.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders the following:

1 Effective February 10, 2013,

(

a) the Voluntary Identification Card Regulation, B.C. Reg. 465/88, is repealed,

(

b) the Identification Card Regulation set out in the attached Appendix 1 is made,

(

c) the Local Government Elections Regulation, B.C. Reg. 380/93, is amended as set out in the attached Appendix 2,

(

d) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended as set out in the attached Appendix 3,

(

e) the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, is amended as set out in the attached Appendix 4, and

(

f) the Metal Dealers and Recyclers Regulation, B.C. Reg. 101/2012, is amended as set out in the attached Appendix 5.

2 Effective November 30, 2014, the Identification Card Regulation, B.C. Reg. 4/2013, is amended as set out in the attached Appendix 6.

— S. BOND, Minister of Justice and Attorney General ; D. MCRAE, Presiding Member of the Executive Council .

Appendix 1

IDENTIFICATION CARD REGULATION

Contents

Definitions

Part 1 – BC Identification Card

Application

Requirements

Validity

Duplicate card

Change of address or name

Cancellation

Part 2 – Photo BC Services Card

Application

Requirements

Validity

Duplicate card

Change of address or name

Cancellation

Definitions

(1) In this regulation:

“Act” means the Motor Vehicle Act ;

“BC identification card” means

(

a) an identification card issued under

Part 1 of this regulation, and

(

b) an identification card issued under the Voluntary Identification Card Regulation, B.C. Reg. 465/88, before its repeal;

“non-photo BC services card” means a physical credential that

(

a) is issued under

section 69.2 of the Freedom of Information and Protection of Privacy Act by a provincial identity information services provider,

(

b) does not display a photograph of the holder, and

(

c) indicates that the holder is a beneficiary under the Medicare Protection Act ;

“photo BC services card” means a physical credential that

(

a) is issued under

Part 2 of this regulation by a provincial identity information services provider,

(

b) displays a photograph of the holder, and

(

c) indicates that the holder is a beneficiary under the Medicare Protection Act ;

“provincial identity information services provider” or “PIISP” means a public body that is designated as a provincial identity information services provider under

section 69.2 (1) of the Freedom of Information and Protection of Privacy Act .

(2) In the Act, “identification card” includes

(

a) a BC identification card, and

(

b) a photo BC services card.

Part 1 – BC Identification Card

Application

(1) A person is not eligible to apply for a BC identification card unless the person

(

a) is 12 years of age or older, and

(

b) resides in British Columbia.

(2) A person may apply for a BC identification card by delivering an application, in a form satisfactory to the Insurance Corporation of British Columbia, to

(

a) the Insurance Corporation of British Columbia,

(

b) a government agent, or

(

c) a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section.

Requirements

(1) The Insurance Corporation of British Columbia must issue a numbered BC identification card in a form established by the corporation to an applicant who has

(

a) met the requirements of

section 2,

(

b) had his or her picture taken digitally and supplied a signature by a means required by the Insurance Corporation of British Columbia that allows the signature to be stored electronically in a database,

(

c) provided his or her full name and residential address,

(

d) identified himself or herself to the Insurance Corporation of British Columbia’s satisfaction,

(

e) surrendered any previously held BC identification cards, and

(

f) paid the fee prescribed in the Motor Vehicle Fees Regulation.

(2) If an applicant for a BC identification card, other than a BC identification card that indicates the applicant is a Canadian citizen, is 12 years of age or older but under 19 years of age, the Insurance Corporation of British Columbia must not issue a BC identification card without the consent of one of the applicant’s parents or guardians unless

(

a) the applicant is married,

(

b) the applicant is not residing with a parent or guardian, or

(

c) circumstances make it impracticable to obtain the consent of a parent or guardian.

(3) An applicant for a BC identification card who wishes the card to indicate that the applicant is a Canadian citizen must, in addition to the requirements of 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) 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.

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

(

a) is the subject of an outstanding charge,

(

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

(

c) holds a driver’s licence issued under

section 25 (7) of the Act that indicates the applicant is a Canadian citizen.

(5) In subsection (4), “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.

Validity

(1) A BC identification card is valid for a period ending on the anniversary of the birth date of the holder of the card nearest to 5 years from the date that card is issued.

(2) A duplicate BC identification card expires at the same time as the original card.

(3) A BC identification card issued prior to January 1, 1997, without an expiry date, is deemed to have expired on March 31, 2002 for the purposes of this regulation.

Duplicate card

(1) If a BC identification card issued to a person is lost, mutilated or destroyed, the person may obtain a duplicate card on application in the form required by the Insurance Corporation of British Columbia provided that

(

a) in the case of a mutilated card, the card is surrendered on application for the duplicate card, and

(

b) the fee prescribed in the Motor Vehicle Fees Regulation is paid.

(2) If a BC identification card that indicates the holder of the card is a Canadian citizen is lost, mutilated or destroyed, the holder of the card may obtain a duplicate card if, in addition to the requirements of subsection (1) (

a) and (b), the person

(

a) complies with the requirements of

section 3 (3) (

a) and (b), and

(

b) continues to meet the requirements set out in

section 3 (4).

Change of address or name

(1) If the residential address of a holder of a BC identification card is changed from the address stated on the card, the holder of the card must, within 10 days of the change, notify the Insurance Corporation of British Columbia of the person’s old address and new address.

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

(

a) surrender the person’s existing card to the Insurance Corporation of British Columbia and apply for a duplicate card and pay the fee prescribed in the Motor Vehicle Fees Regulation,

(

b) comply with the requirements of

section 3 (3) (

a) and (b), and

(

c) continue to meet the requirements set out in

section 3 (4).

(3) If the name of a holder of a BC identification card is changed, by marriage or otherwise, from the name stated on the card, the holder of the card must, within 10 days of the change, notify in person

(

a) the Insurance Corporation of British Columbia,

(

b) a government agent, or

(

c) a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this

section

of the person’s old name and new name in full.

(4) A person who reports a change of name under subsection (3) must

(

a) surrender the person’s existing BC identification card to the Insurance Corporation of British Columbia and apply for a duplicate card and pay the fee prescribed in the Motor Vehicle Fees Regulation, and

(

b) submit proof to the Insurance Corporation of British Columbia’s satisfaction of the change of name.

(5) A person who holds a BC identification card that indicates the person is a Canadian citizen and who reports a change of name under subsection (3) must, in addition to the requirements of subsection (4),

(

a) comply with the requirements of

section 3 (3) (

a) and (b), and

(

b) continue to meet the requirements set out in

section 3 (4).

(6) If a person complies with subsection (2), the Insurance Corporation of British Columbia must issue a duplicate card to the person.

(7) If a person complies with subsection (4) or (5), as applicable, the Insurance Corporation of British Columbia must issue a duplicate card in the person’s new name.

Cancellation

(1) The Insurance Corporation of British Columbia may, with or without a hearing or refunding fees for the card, cancel the BC identification card of a person if the person, 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,

(

a) makes a false or misleading statement,

(

b) fails to disclose information that is required to be disclosed,

(

c) presents a fraudulent or fraudulently altered record, or

(

d) fraudulently uses a record.

(2) In addition to the reasons set out in subsection (1), the Insurance Corporation of British Columbia may, with or without a hearing or refunding fees for the card, cancel the BC identification card of a holder of a BC identification card that indicates the person is a Canadian citizen if the person

(

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

section 3 (4), or

(

b) ceases to be a Canadian citizen.

Part 2 – Photo BC Services Card

Application

(1) A person may apply for a photo BC services card by delivering an application, in a form satisfactory to a PIISP, to

(

a) the Insurance Corporation of British Columbia,

(

b) a government agent, or

(

c) a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section.

(2) The following persons are not eligible to apply for a photo BC services card:

(

a) a person who is under 18 1/2 years of age;

(

b) a deemed resident within the meaning of

section 7.4 (1) of the Medical and Health Care Services Regulation.

Requirements

(1) Subject to subsection (2), a PIISP must issue a photo BC services card, in a form established by the PIISP, to an applicant who

(

a) has met the requirements of

section 8,

(

b) has had his or her picture taken digitally and supplied a signature by a means required by the Insurance Corporation of British Columbia that allows the signature to be stored electronically in a database,

(

c) has provided his or her full name and residential address,

(

d) has identified himself or herself to the Insurance Corporation of British Columbia’s satisfaction,

(

e) is a beneficiary under the Medicare Protection Act , and

(

f) has surrendered all of the following that are held by him or her at the time of application:

(

i) a photo BC services card;

(ii) a driver’s licence issued under

section 25 (1.3) of the Act that indicates the holder is a beneficiary under the Medicare Protection Act ;

(iii) a non-photo BC services card.

(2) The PIISP must not issue a photo BC services card to an applicant to whom

section 7 (2) of the Medicare Protection Act applies unless the Medical Services Commission, on or after February 10, 2013, renewed the applicant’s enrollment as a beneficiary under

section 7.2 of the Medicare Protection Act .

Validity

(1) A PIISP may issue a photo BC services card that is valid for a period not greater than 5 1/2 years.

(2) A photo BC services card expires on the date specified on the card as the expiry date, unless the photo BC services card is cancelled or surrendered.

(3) A duplicate photo BC services card issued under this Part expires at the same time as the original card.

Duplicate card

11 If a photo BC services card issued to a person is lost, mutilated or destroyed, the person may obtain a duplicate card on application to the Insurance Corporation of British Columbia in the form required by a PIISP provided that, in the case of a mutilated card, the card is surrendered on application for the duplicate card.

Change of address or name

(1) If the residential address of a holder of a photo BC services card is changed from the address stated on the card, the person must, within 10 days of the change, notify the Insurance Corporation of British Columbia of the person’s old address and new address.

(2) If the name of the holder of a photo BC services card is changed, by marriage or otherwise, from the name stated on the card the person must, within 10 days of the change, notify in person

(

a) the Insurance Corporation of British Columbia,

(

b) a government agent, or

(

c) a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this

section

of the person’s old name and new name in full.

(3) A person who reports a change of name under subsection (2) must

(

a) surrender the person’s existing photo BC services card to the Insurance Corporation of British Columbia and apply for a duplicate photo BC services card, and

(

b) submit proof to the Insurance Corporation of British Columbia’s satisfaction of the change of name.

(4) If a person complies with subsection (3), a PIISP must issue a duplicate photo BC services card to the person in the person’s new name.

Cancellation

13 A PIISP may, with or without a hearing, cancel the photo BC services card of a person if

(

a) the person, 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, or

(

b) the PIISP is satisfied that the card is not a reliable means of

(

i) verifying the identity of the person, or

(ii) confirming the person’s eligibility to access a government service.

Appendix 2

Section 3 of the Local Government Elections Regulation, B.C. Reg. 380/93, is amended by repealing paragraph (

b) and substituting the following:

(

b) a BC identification card within the meaning of the Identification Card Regulation,

(b.1) a photo BC services card within the meaning of the Identification Card Regulation,

(b.2) a non-photo BC services card within the meaning of the Identification Card Regulation, .

Appendix 3

Section 30B.02 (

c) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended by striking out “ an identification card ” and substituting “ a BC identification card ” and by striking out “ Voluntary ”.

2 The following Division is added:

Division 30D – Drivers’ Licences – Beneficiary under the Medicare Protection Act

Prescribed categories

30D.01 For the purposes of

section 25 (1.3) of the Act, an applicant for a driver’s licence that indicates the applicant is a beneficiary under the Medicare Protection Act is not eligible for the licence if

(

a) the applicant is a deemed resident within the meaning of

section 7.4 (1) of the Medical and Health Care Services Regulation, or

(b)

section 7 (2) of the Medicare Protection Act applies to the applicant, unless the Medical Services Commission, on or after February 10, 2013, renewed the applicant’s enrollment as a beneficiary under

section 7.2 of the Medicare Protection Act .

Additional requirements for driver’s licence

30D.02 For the purposes of

section 25 (1.3) (

d) of the Act, an applicant for a driver’s licence that indicates the applicant is a beneficiary under the Medicare Protection Act must surrender all of the following that are held by the applicant at the time of application:

(

a) a photo BC services card within the meaning of the Identification Card Regulation;

(

b) a non-photo BC services card within the meaning of the Identification Card Regulation.

Appendix 4

1 Items 12 and 12.1 of the

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

(

a) by striking out “ voluntary identification card ” wherever it appears and substituting “ BC identification card ”, and

(

b) by striking out “ identification card ” wherever it appears and substituting “ BC identification card ”.

Appendix 5

Section 2 of the Metal Dealers and Recyclers Regulation, B.C. Reg. 101/2012, is amended in paragraph (

c) by striking out “ British Columbia ” and substituting “ BC ” and by striking out “ Voluntary ”.

Appendix 6

Section 1 of the Identification Card Regulation, B.C. Re. 4/2013, is amended in paragraph (

c) of the

definitions of “non-photo BC services card” and “photo BC services card” by adding “ if the holder is a beneficiary under the Medicare Protection Act , ” before “ indicates ”.

Section 8 (2) is amended

(

a) in paragraph (

a) by striking out “ 18 1/2 ” and substituting “ 12 ”, and

(

b) by adding the following paragraph:

(a.1) a person who resides outside British Columbia; .

Section 9 is amended

(

a) in subsection (1) by striking out “ subsection (2) ” and substituting “ subsections (1.1) to (4) ”, and by repealing paragraph (e), and

(

b) by adding the following subsections:

(1.1) The PIISP must not issue a photo BC services card to an applicant to whom

section 7 (1) of the Medicare Protection Act applies unless the applicant is enrolled as a beneficiary under

section 7.2 of the Medicare Protection Act .

(3) If the applicant for a photo BC services card is a beneficiary under the Medicare Protection Act , a photo BC services card issued under this

section must indicate the applicant is a beneficiary under the Medicare Protection Act .

(4) If the applicant for a photo BC services card is 12 years of age or older but under 19 years of age, a PIISP must not issue a photo BC services card without the consent of a parent or guardian of the applicant unless

(

a) the applicant is married,

(

b) the applicant is not residing with a parent or guardian, or

(

c) circumstances make it impracticable to obtain the consent of a parent or guardian.

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