Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 24th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE ANDREW PETTER

MINISTER OF FINANCE AND

CORPORATE RELATIONS AND

MINISTER RESPONSIBLE FOR

INTERGOVERNMENTAL RELATIONS

BILL 41 – 1997

TRAFFIC SAFETY STATUTES AMENDMENT ACT, 1997

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

of British Columbia, enacts as follows:

PART 1 – MOTOR VEHICLE ACT AMENDMENTS

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

following

definitions:

"convicted" has the same meaning as in

section

30.1 of the Insurance (Motor Vehicle) Act ;

"fine indebtedness" means an indebtedness referred to in

section 26 (1) (c);

"motor vehicle indebtedness" has the meaning set

out in paragraphs (

a) to (

f) of the definition of "motor vehicle indebtedness"

section 30.1 of the Insurance (Motor Vehicle) Act ; .

Section 23 is repealed and the following substituted:

Classes of drivers' licences

(1) The Lieutenant Governor in Council may prescribe classes of drivers' licences,

including classes of drivers' licences for persons who are learning to drive one or

more categories of motor vehicles, and may designate any of the following for

each class:

(

a) the minimum amount of driving experience, minimum driving skills or

other qualifications that the holder of the class of licence is required to have;

(

b) the ages of the drivers to whom a licence of that class may be issued;

(

c) the categories of motor vehicles that the holder of the class of licence is

licensed to drive.

(2) The driving experience, driving skills or other qualifications referred to in

subsection (1) (

a) may be measured by one or more of the following:

(

a) the length of time a person has held a valid driver's licence issued under this

Act or in another jurisdiction;

(

b) a person's driving record, if any, from this or any other jurisdiction;

(

c) other prescribed means.

(3) The authority to drive conferred by each class of licence prescribed under this

section is confined to the driving of motor vehicles of the category designated for

that class.

(4) A regulation made under subsection (1) does not affect a driver's licence issued

to a person before the regulation is made, and the driver's licence remains in force

until it expires or is suspended, revoked, cancelled or surrendered.

Section 24 (4) is repealed.

Section 25 is amended

(

a) in subsection (3) by striking out "For the purpose of determining an applicant's fitness

and ability to drive or operate any category of motor vehicles," and substituting "For

the purpose of determining an applicant's driving experience, driving skills, qualifications, fitness and ability to drive and operate any category of motor vehicle designated

for that class of driver's licence for which the application is made," ,

(

b) in subsection (3) by adding the following paragraph:

(b.1) provide the corporation with information required to measure the

applicant's driving experience, driving skills and qualifications, ,

(

c) in subsection (7) by striking out "on being satisfied as to the fitness and ability of the

applicant" and substituting ", on being satisfied as to the driving experience, driving

skills, qualifications, fitness and ability of the applicant" ,

(

d) in subsection (8) by striking out "The Lieutenant Governor in Council may make regulations respecting the issuance of a driver's licence to a person who is learning to drive,

and prescribing" and substituting "The Lieutenant Governor in Council may make

regulations respecting the issuance of a driver's licence to a person who is learning to

drive one or more categories of motor vehicles, prescribing" ,

(

e) in subsection (10) by striking out "and" at the end of paragraph (

d) and by adding

the following paragraphs:

(

f) establish the length of time or the method of determining the length of time

during which a restriction imposed on or a condition added to the driver's

licence under this subsection is to apply, and

(

g) empower the superintendent or the Insurance Corporation of British

Columbia, in prescribed circumstances or for prescribed purposes, to

exempt unconditionally or on conditions the superintendent or the corporation, as the case may be, considers desirable, a member of the class of

persons from any restriction imposed on or condition added to the driver's

licence of that class of persons. , and

(

f) by adding the following subsections:

(10.1) Without limiting subsection (10), the Lieutenant Governor in Council may, by

regulation, impose a condition on a class of driver's licence, or on the drivers'

licences of persons who hold a licence to drive a motor vehicle of a specified

category, that the holder of the licence must not operate a motor vehicle, or

category of motor vehicle, while having alcohol in his or her body.

(10.2) The condition imposed by a regulation under subsection (10.1) is applicable to

and conclusively deemed to be part of the driver's licence of the person on whom

the condition is imposed, whether the licence is issued before or after the coming

into force of the regulation.

5 The following

section is added:

Remedial driver training as condition of licence

25.1

(1) This

section applies if

(

a) a person has a driving record that in the opinion of the superintendent is

unsatisfactory or the superintendent considers that, with respect to the

person's driving skills, fitness or ability to drive and operate a motor

vehicle, it is in the public interest for the person to attend one or both of the

following:

(

i) a prescribed driver training or driver retraining course;

(ii) a prescribed remedial program in relation to his or her consumption

of alcohol or drugs,

(

b) it is not, in the superintendent's opinion, contrary to the public interest to

allow the person to hold a driver's licence while attending a course or

program referred to in paragraph (a), and

(

c) the person pays any applicable fees charged for a course or program referred

to in paragraph (a).

(2) In the circumstances referred to in subsection (1), the superintendent may require

a statement in, endorsement on or attachment to the person's driver's licence,

adding one or both of the following as conditions of the driver's licence:

(

a) the person must attend and successfully complete, before a date specified

by the superintendent, a course referred to in subsection (1) (a) (i);

(

b) the person must attend and successfully complete, before a date specified

by the superintendent, a program referred to in subsection (1) (a) (ii).

(3) Nothing in this

section limits the application of sections 25 (12), 92 and

Section 26 is amended

(

a) by repealing subsection (1) (a),

(

b) in subsection (1) (

b) by striking out "reimbursement of money paid in respect of a

claim," and substituting "any motor vehicle indebtedness," ,

(

c) in subsection (1) (

c) by adding ", or a victim's surcharge

levy within the meaning of the Victims of Crime Act ," after

"a fine" ,

(

d) by repealing subsection (2) (a) (

i) and (iii) and by striking out "or" at the end of

subsection (2) (a) (ii),

(

e) by repealing subsection (2) (

b) and substituting the following:

(

b) is indebted to the Insurance Corporation of British Columbia for any motor

vehicle indebtedness. ,

(

f) in subsection (3) by adding ", or a victim's surcharge levy within the meaning of the

Victims of Crime Act ," after "a fine" , and

(

g) 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

corporation for any motor vehicle indebtedness or to the government for any fine

indebtedness, until the corporation is satisfied that the amount of the indebtedness has been fully paid or the person makes arrangements satisfactory to the

corporation for its payment.

7 The following

section is added:

Cancellation of driver's licence

26.1

(1) Subject to subsection (2) but despite any other provision of this Act or the regulations, if a person is indebted to the Insurance Corporation of British Columbia for

a motor vehicle indebtedness or to the government for a fine indebtedness, the

corporation may, with or without a hearing or refunding the fees for the licence,

cancel the driver's licence of the debtor.

(2) The Insurance Corporation of British Columbia must not exercise a right referred

to in subsection (1) unless

(

a) the corporation mails to the debtor, by registered mail, at the debtor's most

recent address recorded in the corporation's records, a written demand for

payment of that motor vehicle indebtedness or fine indebtedness together

with a notice of any action the corporation intends to take under this

section

and of any appeal rights available to the debtor under

section 118.7, and

(

b) the debtor does not, within 30 days after the date of mailing, pay the motor

vehicle indebtedness or fine indebtedness or make arrangements satisfactory to the corporation for its payment.

(3) If a person is notified that his or her driver's licence has been cancelled under this

section, the person must,

(

a) if notified of the cancellation by mail, immediately send the driver's licence

to the Insurance Corporation of British Columbia, and

(

b) if notified of the cancellation by personal service by a peace officer, sheriff

or person authorized by the corporation to do anything under this Act,

surrender the driver's licence to the serving peace officer, sheriff or person.

Section 27 (1) is repealed and the following substituted:

(1) The Insurance Corporation of British Columbia may issue a driver's licence, with

a term of more than 90 days but less than 5 years, to a person who has entered

into an arrangement with the corporation for the payment of

(

a) a fine indebtedness, or

(

b) a motor vehicle indebtedness.

Section 60 (6) is amended by striking out "or" at the end of paragraph (a), by adding ", or"

at the end of paragraph (

b) and by adding the following:

(

c) the person's driver's licence is or was cancelled under

section 92 (d).

Section 61 (1) is amended by striking out "referred to in

section 60 (6) (

a) or (b)." and

substituting "referred to in

section 60 (6) (a), (

b) or (c)."

Section 83.1 is amended

(

a) in subsection (1) by adding the following

definitions:

"traffic control signal" has the same meaning as in

section 119;

"traffic light safety device" means a traffic light safety device prescribed under

subsection (8) that is capable of photographing or capturing one or more images

of a motor vehicle and of accurately and simultaneously recording data related

to the motor vehicle and a traffic control signal. ,

(

b) by adding the following subsection:

(2.1) The owner of a motor vehicle is liable for the contravention of

section 129 (1)

or (5) (a), 131 (1) (

a) or (2) (

a) or 134 if evidence of the contravention was

gathered through the use of a prescribed traffic light safety device. ,

(

c) in subsections (3) and (6) by adding "or (2.1)" after "subsection (2)" ,

(

d) by repealing subsection (8) and substituting the following:

(8) The Lieutenant Governor in Council may prescribe

(

a) a speed monitoring device for the purpose of subsection (2), and

(

b) a traffic light safety device for the purpose of subsection (2.1). ,

(

e) in subsection (9) by striking out "Without limiting subsection (2) or (8), evidence that

is gathered by a speed monitoring device under subsection (2)" and substituting

"Without limiting subsection (2), (2.1) or (8), evidence that is gathered by a speed

monitoring device under subsection (2) or by a traffic light safety device under subsection (2.1)" ,

(

f) by repealing subsection (10) and substituting the following:

(10) Data, which may be in an encoded form, may be electronically and simultaneously recorded on the captured image under subsection (9). ,

(

g) in subsection (12) (

a) by striking out "by reproducing it in paper format, and" and

substituting "by reproducing it in electronic format or paper format, or on a record that

enables the information to be subsequently displayed or immediately accessible in

visible form, and" , and

(

h) in subsection (12) (

b) by striking out "the reproduction in paper format" and substituting "the reproduction referred to in paragraph (a)" .

Section 83.2 (2) is repealed and the following substituted:

(2) An enforcement officer may provide, by signing a completed certificate in the

prescribed form,

(

a) evidence of an offence

(

i) by an owner of a motor vehicle under

section 83.1 (2), or

(ii) by another person under a provision referred to in

section 83.1 (2) if

evidence of the offence was gathered through the use of a speed

monitoring device prescribed for the purpose of that section, or

(

b) evidence of an offence

(

i) by an owner of a motor vehicle under

section 83.1 (2.1), or

(ii) by another person under a provision referred to in

section 83.1 (2.1)

if evidence of the offence was gathered through the use of a traffic

light safety device prescribed for the purpose of that section.

Section 90 is amended

(

a) by repealing subsection (1) (a) (

i) and (iii) and by striking out "or" at the end of

subsection (1) (a) (ii),

(

b) in subsection (1) (

b) by striking out "reimbursement of money paid in respect of a

claim," and substituting "any motor vehicle indebtedness," ,

(

c) in subsection (1) by striking out "or" at the end of paragraph (a), by adding "or" at

the end of paragraph (

b) and by adding the following paragraph:

(

c) is indebted to the government for a fine indebtedness, ,

(

d) by repealing subsection (2) (

b) and (d), by striking out "or" at the end of subsection

(2) (

a) and "and" at the end of subsection (2) (c),

(

e) by repealing subsection (3) and substituting the following:

(3) If a suspension occurs under subsection (1) due to a person being indebted to the

Insurance Corporation of British Columbia for any motor vehicle indebtedness or

to the government for any fine indebtedness, the suspension remains in force until

the amount of the indebtedness has been fully paid or until arrangements satisfactory to the corporation have been made for its payment. ,

(

f) in subsection (11) by adding "or any other person the corporation considers appropriate" after "peace officer" , and

(

g) by adding the following subsection:

(12) If the Insurance Corporation of British Columbia orders a person to recover a

licence, permit, consent, certificate, windshield sticker or number plate under

subsection (11) and the corporation is charged one or both of a fee and disbursements for that recovery, the person from whom the licence, permit, consent,

certificate, sticker or number plate is recovered must reimburse the corporation

for the fee and disbursements so charged.

Section 92 is amended

(

a) by striking out "that the person is or may be" and substituting "the person is or may

be" , and

(

b) by striking out "or" at the end of paragraph (a), by adding "or" at the end of

paragraph (

b) and by adding the following paragraph:

(b.1) the person fails to comply with a condition imposed on his or her driver's

licence under

section 25.1 (2), .

Section 94.6 (9) is amended

(

a) by striking out "for the purposes of

section 95 (3) (a)." and substituting "for the

purposes of

section 95 (3) (

a) or (b)." , and

(

b) by striking out "for the purposes of

section 95 (4) (a)." and substituting "for the

purposes of

section 95 (4) (

a) or (b)."

Section 96 is amended

(

a) in subsection (1) by striking out "If a person is prohibited from driving a motor vehicle

under

section 91, 92 or 93, he or she must," and substituting "If a person is prohibited

from driving a motor vehicle under

section 91, 92 or 93, or if the person's driver's

licence is suspended under

section 90.1, he or she must," ,

(

b) in subsection (1) (

a) by striking out "if notified of the prohibition by mail," and substituting "if notified of the prohibition or suspension by mail," , and

(

c) by repealing subsections (4) and (5) and substituting the following:

(4) If a peace officer serves on a person, who is in control of a motor vehicle on a

highway or industrial road, a document containing notice that the person is

prohibited from driving a motor vehicle or that his or her driver's licence is

suspended, the notice acts as a temporary driver's licence to expire at the time

noted on its face, and the prohibition from driving or the licence suspension, as

the case may be, starts immediately on the expiration of the temporary driver's

licence.

(5) A temporary driver's licence issued under subsection (4) is subject to all restrictions and conditions of the driver's licence of the person who is prohibited from

driving a motor vehicle or whose driver's licence is suspended, as the case may

be.

Section 97 is repealed and the following substituted:

Notice of prohibition or licence suspension

(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, or a licence suspension under

section 90.1,

is not invalid and must not be held to be invalid on the grounds that the notice of

prohibition or of licence suspension, as the case may be, sent to the person being

prohibited from driving under

section 92 or 93, or sent to the person whose

licence is being suspended under

section 90.1, is not signed by the superintendent

or deputy superintendent.

Section 98 (3) is amended by striking out "under

section 83." and substituting "under

section 83 or 83.1."

Section 104.1 is amended by adding the following subsections:

(4.1) Despite subsection (1), if, at any time before a review is conducted under

section 104.6, a peace officer is satisfied that a motor vehicle impounded under

subsection (1) of this

section is stolen property, the peace officer must

(

a) order the person who has custody of the motor vehicle under the

impoundment to release the motor vehicle to the owner or a person

authorized by the owner, and

(

b) promptly give notice to the superintendent of the release of the impounded

motor vehicle.

(4.2) After receiving the notice referred to in subsection (4.1) (b), the superintendent

must pay to the person who had custody of the motor vehicle under the

impoundment the costs and charges referred to in

section 104.5 (2).

Section 104.92 is amended

(

a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and"

at the end of paragraph (

b) and by adding the following:

(

c) paying to the superintendent the prescribed impound release fee. , and

(

b) in subsection (4) by adding "or by a peace officer under

section 104.1 (4.1)" afte r "or

subsection (3) of this section" .

Section 104.95 (

b) is amended by striking out "under

section 104.1 (4) (b)," and substituting "under

section 104.1 (4) (

b) or (4.2)," .

Section 105.1 is amended by adding the following subsections:

(5) Despite subsection (1), if, at any time before a review is conducted under

section 105.5, a peace officer is satisfied that a motor vehicle impounded under

subsection (1) of this

section is stolen property, the peace officer must

(

a) order the person who has custody of the motor vehicle under the

impoundment to release the motor vehicle to the owner or a person

authorized by the owner, and

(

b) promptly give notice to the superintendent of the release of the impounded

motor vehicle.

(6) After receiving the notice referred to in subsection (5) (b), the superintendent

must pay to the person who had custody of the motor vehicle the impoundment

costs and charges referred to in

section 105.4 (2).

Section 105.91 is amended

(

a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and"

at the end of paragraph (

b) and by adding the following:

(

c) paying to the superintendent the prescribed impound release fee. , and

(

b) in subsection (4) by adding "or by a peace officer under

section 105.1 (5)" after "or

subsection (3) of this section" .

Section 105.94 (

b) is amended by striking out "under

section 105.1 (4) (a)," and substituting "under

section 105.1 (4) (

b) or (6)," .

Section 118.7 is amended by adding the following:

(b.1) under

section 26.1, cancellation of the person's driver's licence;

(b.2) under

section 27, issuance of a short term driver's licence; .

26 The following

section is added:

Traffic light safety device systems

124.1

(1) In this section:

"municipality" includes a regional district and the City of Vancouver;

"traffic light safety device" has the same meaning as in

section 83.1 (1);

"traffic light safety device system" means a traffic light safety device and any other

thing necessary for the effective use or operation of the traffic light safety device,

including, without limitation,

(

a) a sensor device, integral to the operation of the traffic light safety device,

that is to be implanted in or under, or is to be installed or erected in, on,

under or adjacent to, any highway or boulevard, and

(

b) a record of a captured image referred to in

section 83.1 (9).

(2) The Minister of Transportation and Highways, or a person authorized to do so by

the minister, may do anything that the minister considers necessary to install,

operate and maintain traffic light safety device systems at any locations in British

Columbia that the minister considers appropriate, including, without limitation,

on or for any highway within any municipality.

(3) The Lieutenant Governor in Council, on the recommendation of the Minister of

Transportation and Highways, may make regulations respecting the location,

installation, operation, maintenance, removal and replacement of traffic light

safety device systems.

27 The following

section is added:

Prohibition against obstruction of speed monitoring devices and traffic light safety devices

135.1 A person commits an offence who, without lawful excuse, intentionally obstructs or

otherwise interferes with the operation of a speed monitoring device or traffic light

safety device, as those terms are defined in

section 83.1 (1).

Section 148 is repealed and the following substituted:

Excessive speeding

(1) A person who drives a motor vehicle on a highway at a speed greater than

40 km/h over the applicable speed limit set under the authority of an enactment

commits an offence and is liable on conviction to not less than the aggregate of

the fine amount and the applicable supplemental fine amount, if any, prescribed

under

section 148.1 for this offence and, subject to those amounts,

section 4 of

the Offence Act applies.

(2) If a person is charged with an offence under subsection (1) and the evidence does

not prove the offence but does prove a contravention of

section 140, 146 or 147,

the person may be convicted of contravening

section 140, 146 or 147, as the case

may be, and the person is liable on that conviction to not less than the aggregate

of the fine amount and the applicable supplemental fine amount, if any,

prescribed under

section 148.1 for that offence.

29 The following

section is added:

Fines for speeding offences

148.1

(1) In relation to a contravention of

section 140, 146 (1), (3), (5) or (7), 147

or 148 (1), the Lieutenant Governor in Council may prescribe

(

a) a fine amount, and

(

b) a supplemental fine amount.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may

prescribe

(

a) different fine amounts for the different contraventions referred to in

subsection (1), and

(

b) supplemental fine amounts that vary in relation to the degree by which a

person, in committing the offence, exceeds, by a prescribed rate of speed,

the applicable speed limit established under

section 140, 146 (1), (3),

(5) or (7), 147 or 148 (1), as the case may be.

(3) A person who contravenes

section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) is

liable on conviction to a minimum fine of not less than the aggregate of

(

a) the fine amount prescribed in relation to the contravention, and

(

b) the supplemental fine amount, if any, prescribed in relation to, and

applicable to the degree of, the contravention.

(4) If, by means of a violation ticket defined in

section 1 of the Offence Act , a person

is charged with an offence under

section 140, 146 (1), (3), (5) or (7), 147

or 148 (1) of this Act and the evidence proves the offence but to a different degree

than that reflected by the supplemental fine amount included in the ticketed

amount, as that term is defined in

section 1 of the Offence Act,

(

a) the person may be convicted of the offence, and

(

b) the supplemental fine amount may be varied in accordance with the amount

prescribed under subsection (2) (

b) to reflect the degree by which the person

exceeded the applicable speed limit.

(5) The owner of a motor vehicle who is liable under

section 83.1 (2) for a contravention referred to in subsection (1) of this

section is liable on conviction to a

minimum fine of not less than the aggregate of

(

a) the fine amount prescribed in relation to the contravention, and

(

b) the supplemental fine amount, if any, prescribed in relation to, and

applicable to the degree of, the contravention.

(6) If a violation ticket, defined in

section 1 of the

Offence Act , is issued to an owner of a motor vehicle in respect of an

offence under

section 83.1 (2) of this Act and the evidence proves the contravention

section 140, 146 (1), (3), (5) or (7), 147 or 148 (1), as the case may be,

but to a different degree than that reflected by the supplemental fine amount

included in the ticketed amount, as that term is defined in

section 1 of the

Offence Act ,

(

a) the owner may be convicted, and

(

b) the supplemental fine amount may be varied in accordance with the amount

prescribed under subsection (2) (

b) to reflect the degree by which the

applicable speed limit was exceeded.

Section 210 is amended

(

a) in subsection (2) by repealing paragraph (

c) and substituting the following:

(

c) respecting

(

i) the training and retraining of drivers of motor vehicles,

(ii) persons and firms engaged in the training or retraining of drivers of

motor vehicles, and

(iii) remedial programs referred to in

section 25.1 (1) (a) (ii); , and

(

b) in subsection (3.1) by adding the following paragraphs:

(h.1) prescribing the impound release fee for the purpose of

section 105.91 (1);

(

p) prescribing the impound release fee for the purpose of

section 104.92 (1).

Section 226 (2) is repealed.

32 The following

section is added:

Traffic safety commission

(1) The minister may appoint a traffic safety commission, comprising at least 3

persons, for the purposes of providing advice and making recommendations to

the minister on matters of traffic safety in British Columbia.

(2) For the purposes of subsection (1), the traffic safety commission may make the

inquiries and conduct the research it considers appropriate including, without

limitation, seeking and considering input from the public and from law

enforcement agencies on matters of traffic safety and conducting research into

the success of traffic safety programs in British Columbia and elsewhere.

33 The following

Part is added:

Part 5

Suspension on conviction for certain offences

(1) In this section:

"convicted" includes the granting of an absolute or conditional discharge;

"motor vehicle related Criminal Code offence"

does not include an offence under

section 259 (4) of the Criminal Code .

(2) If a person is convicted of a motor vehicle related Criminal Code offence or under

a provision that is enacted by a state of the United States of America and that is

designated by the regulation, his or her driver's licence and his or her right to

apply for or obtain a driver's licence are deemed to be suspended for the period

referred to in subsection (3).

(3) A suspension under subsection (2) is effective from

the date of sentencing, the date that the passing of sentence is suspended,

the date of being granted an absolute or conditional discharge or the date a

court makes a disposition under the Young Offenders Act (Canada) or the

Young Offenders (British Columbia) Act , and is, subject to

section

233, effective for the following period:

(

a) on the first conviction, for one year;

(

b) on the first subsequent conviction, whether or not that conviction is under

the same provision as the conviction referred to in paragraph (a), for 3 years;

(

c) on the second subsequent conviction or an additional subsequent

conviction, whether or not that conviction is under the same provision as the

convictions referred to in paragraph (

a) or (b), indefinitely.

(4) Subsection (3) applies only if,

(

a) for subsection (3) (a), the conviction is in respect of an offence committed

after the coming into force of this section,

(

b) for subsection (3) (b), the first subsequent conviction is in respect of an

offence committed after the coming into force of this

section and the

previous conviction was not more than 5 years before the date on which this

section comes into force, and

(

c) for subsection (3) (c), the second subsequent conviction or the additional

subsequent conviction is in respect of an offence committed after the

coming into force of this

section and the previous convictions were not

more than 5 years before the date on which this

section comes into force.

(5) Subsection (3) (

b) and (

c) does not apply if the subsequent conviction is more

than 10 years after the previous conviction.

(6) Despite subsection (3), if the subsequent conviction is within 10 years after the

previous conviction, a conviction that preceded the previous conviction by less

than 10 years must be taken into account for the purpose of subsection (3) (

b) and (c).

Reinstatement of suspended licence

(1) If the superintendent is satisfied that a person, whose driver's licence is

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

under

section 232 (2) and (3) (b), has completed, and has paid any applicable fee

for, the prescribed assessments and remedial programs that are applicable to the

person, if any, and meets the prescribed requirements that are applicable to the

person, if any, the superintendent must notify the Insurance Corporation of

British Columbia of the person's right to have the suspended licence reinstated or

to apply for a new driver's licence, as the case may be, and the corporation must,

on the expiry of the suspension, reinstate the driver's licence, if it has not expired

or been cancelled and if the person is otherwise qualified to hold the licence, or

allow the person to apply for a new driver's licence on receipt of that notice,

subject to any other suspension, cancellation or prohibition under this Act.

(2) If the superintendent is satisfied that a person, whose driver's licence is

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

under

section 232 (2) and (3) (c), has completed, and has paid any applicable fee

for, the prescribed assessment and remedial programs that are applicable to the

person, if any, and meets the prescribed requirements that are applicable to the

person, if any, the superintendent must notify the Insurance Corporation of

British Columbia of the person's right to apply for a driver's licence at the end of

a suspension period of 10 years and the corporation must allow the person to

apply for a new driver's licence at the expiry of that period, subject to any other

suspension, cancellation or prohibition under this Act.

(3) If, on the expiry of a suspension under

section 232 (2) and (3) (

a) and (b), the

person whose driver's licence is suspended and whose right to apply for or obtain

a driver's licence is suspended has not satisfied the superintendent that he or she

has completed and has paid the applicable fee for the prescribed assessments and

remedial programs that are applicable to the person, if any, and meets the

prescribed requirements that are applicable to the person, if any, the suspension

of the person's driver's licence and of the person's right to apply for or obtain a

driver's licence is extended until such time as the superintendent is so satisfied.

(4) No action or other proceeding for damages must be instituted against a person

authorized or required by the regulations to conduct an assessment or remedial

program or to submit a report for the purposes of this section, unless the person

was negligent in the conduct of the assessment or remedial program or in the

preparation or submission of the report.

(5) The Lieutenant Governor in Council may make regulations

(

a) respecting the assessment and remedial programs required under this

section and prescribing what constitutes their completion,

(

b) respecting fees for assessments and remedial programs,

(

c) authorizing classes of persons to conduct assessments and programs and to

prepare and submit reports,

(

d) respecting documents required to be filed with the superintendent to satisfy

him or her with respect to the completion of assessments and remedial

programs,

(

e) prescribing the requirements to be met by a person in order to have

(

i) his or her suspension reduced, or

(ii) his or her driver's licence reinstated under this section, or

(iii) his or her right to apply for a driver's licence reinstated under this

section,

(

f) defining classes of persons, based on the nature of the offence or offences

for which a driver's licence may be suspended under

section 232 and on the

number of convictions a person has for offences described in

section 232,

(

g) providing that this section, or any part of it, applies to a class or classes of

persons or exempting any class or classes of persons from this

section or any

part of it, and

(

h) prescribing the form and content of the certificate of service for the purpose

section 234 (4) (c).

Driving while suspended

(1) A person, other than a person who is exempted under

section 34 (1) from the

requirements as to the holding of a driver's licence issued under this Act while

driving or operating a motor vehicle, commits an offence who drives a motor

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

or the person's right to apply for or obtain a driver's licence is suspended under

section 232.

(2) A person who commits an offence referred to in subsection (1) is liable,

(

a) 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

(

b) 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.

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

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 (3) must state that the suspension was in effect on the date of the

alleged offence and that the records of the superintendent

(

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

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

Insurance Corporation of British Columbia and that the 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 so charged

(

A) has acknowledged 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 superintendent 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 superintendent

or the corporation subsequent to receiving from the superintendent 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

whose driver's licence or right to apply for or to obtain a driver's

licence is suspended under this Part, or to whom the superintendent

mailed a notice of suspension, or

(

c) contain a certificate of service prescribed under

section 233 (5) (

h) showing

that the notice of suspension under

section 232 was personally served on the

person.

(5) This

section applies to any document contained in the records of the superintendent or the Insurance Corporation of British Columbia, whether that document

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

Driver to surrender licence

235 If a person's driver's licence or his or her right to apply for or obtain a driver's licence

is suspended under

section 232, he or she must,

(

a) if notified of the suspension by mail, immediately send his or her driver's

licence, or any document issued in another jurisdiction that allows him or

her to drive a motor vehicle, to the Insurance Corporation of British

Columbia, and

(

b) if notified of the suspension by personal service by a peace officer, sheriff

or person authorized by 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 Insurance Corporation of British Columbia.

Stay of suspension against driving

Section 101 applies to any application for a stay of a suspension imposed under this

Part and for that purpose

(

a) a reference to "prohibition" in

section 101 is deemed to be a reference to a

suspension under

section 232, and

(

b) a stay ordered in respect of a prohibition under

section 101 operates as a

stay of a suspension under

section 232 and a stay ordered in respect of a

suspension under

section 232 operates as a stay of a prohibition under

section 101, for so long as the stay remains in effect and with like result.

Section 25 (10.1) and (10.2), as enacted by

section 6 (

b) of the Supplement to the Motor

Vehicle Act, is repealed.

Section 82.1, as enacted by

section 14 of the Supplement to the Motor Vehicle Act, is

amended

(

a) by repealing subsections (1) (

b) and (2) (

b) and substituting the following in each

case:

(

b) is necessary for law enforcement or prosecution purposes

(

i) respecting an offence

(

A) by an owner of a motor vehicle under

section 83.1 (2), or

(

B) by another person under a provision referred to in

section 83.1 (2) if evidence of the offence was gathered through

the use of a speed monitoring device prescribed for the purpose

of that section, or

(ii) respecting an offence

(

A) by an owner of a motor vehicle under

section 83.1 (2.1), or

(

B) by another person under a provision referred to in

section 83.1 (2.1) if evidence of the offence was gathered

through the use of a traffic light safety device prescribed for the

purpose of that section, ,

(

b) by repealing subsections (1) (

c) and (2) (

c) and substituting the following in each

case:

(

c) is reproduced in electronic format or paper format, or on a record that

enables the information to be subsequently displayed or immediately

accessible in visible form, and ,

(

c) in subsection (1) (

d) by striking out "contains a statement that it is" and substituting

"contains a statement to the effect that the record or extract is" ,

(

d) in subsection (3) by striking out "document" wherever it appears and substituting

"record" ,

(

e) by repealing subsection (3) (

a) and substituting the following:

(

a) is necessary for law enforcement or prosecution purposes

(

i) respecting an offence

(

A) by an owner of a motor vehicle under

section 83.1 (2), or

(

B) by another person under a provision referred to in

section 83.1 (2) if evidence of the offence was gathered through

the use of a speed monitoring device prescribed for the purpose

of that section, or

(ii) respecting an offence

(

A) by an owner of a motor vehicle under

section 83.1 (2.1), or

(

B) by another person under a provision referred to in

section 83.1 (2.1) if evidence of the offence was gathered

through the use of a traffic light safety device prescribed for the

purpose of that section, and , and

(

f) by repealing subsection (4) and substituting the following:

(4) A record or extract of a record, or a certificate, referred to in subsection (1),

(2) or (3) must be received in all courts for the purposes of those subsections without

proof that the record, extract or certificate was kept or provided with lawful

authority.

Section 83.2 (7.1) (g), as enacted by

section 19 of the Supplement to the Motor Vehicle

Act, is amended

(

a) in subparagraph (

i) by striking out "by reproducing it in paper format, and" and

substituting "by reproducing it in electronic format or paper format, or on a record that

enables the information to be subsequently displayed or immediately accessible in

visible form, and" , and

(

b) in subparagraph (ii) by striking out "the reproduction in paper format" and substituting "the reproduction referred to in subparagraph (i)" .

PART 2 – OFFENCE ACT AMENDMENTS

Section 1 of the Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following

definition:

"fine" includes any supplemental fine amount, or other additional monetary penalty,

established under an enactment; .

Section 14 (2), (6) and (10) is amended by striking out

"section 83.1 (2) of the Motor Vehicle Act " and substituting

"section 83.1 (2) or (2.1) of the Motor Vehicle Act " .

Section 14 (2) (

g) is amended

(

a) in subparagraph (

i) by striking out "by reproducing it in paper format, and" and

substituting "by reproducing it in electronic format or paper format, or on a record that

enables the information to be subsequently displayed or immediately accessible in

visible form, and" , and

(

b) in subparagraph (ii) by striking out "the reproduction in paper format" and substituting "the reproduction referred to in subparagraph (i)" .

Section 14 (4) is amended

(

a) in paragraph (

d) by striking out "a statement" and substituting "subject to

paragraph (f), a statement" ,

(

b) by adding the following paragraph:

(

e) in the case of a violation ticket issued in respect of an offence under

section 83.1 (2) or (2.1) of the Motor Vehicle Act, a statement that if the

allegation or fine is disputed in the manner and within the time provided in

section 15 (2) of this Act but the person to whom the ticket was mailed fails

to appear before the Provincial Court to dispute the allegation or fine on a

date referred to in

section 15 (11) (

a) or (b),

(

i) the violation ticket will be treated as not disputed,

(ii) the person will be deemed to have pleaded guilty to the alleged

contravention, and

(iii) the fine indicated on the ticket will be payable to the government. ,

(

c) in paragraph (e) (iii) by striking out "fine" and substituting "ticketed amount" , and

(

d) by adding the following paragraph:

(

f) in the case of a violation ticket issued in respect of an offence under

section 83.1 (2) or (2.1) of the Motor Vehicle Act, a statement that if the

allegation or fine is not disputed in the manner and within the time provided

in this Act

(

i) the violation ticket will be treated as not disputed,

(ii) the person

(

A) on whom the ticket is served, or

(

B) to whom the ticket is mailed under subsection (6) (

b) of this

section,

will be deemed to have pleaded guilty to the alleged contravention,

and

(iii) the ticketed amount indicated on the ticket will be payable to the

government.

Section 15 is amended

(

a) in subsection (7) (

b) by striking out "a reproduction in paper format of electronically

stored information that" and substituting "a reproduction of electronically stored

information, whether in electronic or paper format or on any other record that enables

the information to be subsequently displayed or immediately accessible in visible form,

that" ,

(

b) in subsection (11) by striking out "If a person fails to appear" and substituting

"Subject to subsection (12), if a person fails to appear" ,

(

c) by adding the following subsection:

(12) If a person to whom a violation ticket is mailed under

section 14 (6) (

a) fails to

appear before the Provincial Court on a date referred to in subsection (11) (

a) or (

b) of this section,

(

a) the allegation or fine is deemed not to be disputed,

(

b) the person is deemed to have pleaded guilty to the alleged contravention,

and

(

c) the fine indicated on the ticket is immediately payable to the government. ,

and

(

d) in subsection (12) (

c) by striking out "fine" and substituting "ticketed amount" .

Section 16 (1) is repealed and the following substituted:

(1) If a person

(

a) is served with a violation ticket under

section 14, or

(

b) receives a violation ticket in the mail under

section 14 (6) (b),

and the person

(

c) does not pay all or a portion of the ticketed amount indicated on the ticket

or does not dispute the allegation or the fine portion of the ticketed amount

in accordance with

section 15, and

(

d) at least 30 days have elapsed after

(

i) the ticket was served on the person, or

(ii) the person is deemed to have received the ticket in the mail,

the person is deemed to have pleaded guilty to the alleged contravention and the

ticketed amount indicated on the ticket is immediately payable to the

government.

Section 16 (3) is repealed and the following substituted:

(3) If a person to whom a violation ticket is mailed under

section 14 (6) (

a) but on

whom the ticket has not been served,

(

a) through no fault of the person, has not had an opportunity to dispute the

allegation or the amount of the fine, and

(

b) was deemed to have pleaded guilty to the alleged contravention on the ticket

under

section 14 (11) or 15 (12), and not more than 30 days have elapsed

since the conviction first came to the attention of the person,

the person may appear before a justice and the justice, on being satisfied of the

facts by affidavit in the prescribed form, must strike out the conviction and cause

a new date to be set for a hearing or appearance in relation to the violation ticket.

(3.1) For the purposes of a hearing or appearance set in relation to a violation ticket

under subsection (3),

(

a) the affidavit referred to in subsection (3) constitutes a notice of dispute

under

section 15 and is deemed to have been given in accordance with

section 15 (5) by the person to whom the ticket was mailed, and

(b)

section 15 (5) to (10) and (12) applies.

Section 17 is amended by striking out "If a person is deemed to have pleaded guilty to an

alleged contravention under

section 14 (11) or 16 (1)" and substituting "If a person is

deemed to have pleaded guilty to an alleged contravention under

section 14 (11), 15 (12)

or 16 (1)" .

Section 31 is amended by adding the following subsections:

(3) The Insurance Corporation of British Columbia may electronically convert from

paper format to electronic format or store or send in electronic format a certificate

of service of a violation ticket issued in respect of an offence under

section 83.1 (2) or (2.1) of the Motor Vehicle Act.

(4) If the Insurance Corporation of British Columbia has stored a certificate of

service of a violation ticket in electronic format under subsection (3),

(

a) the corporation may provide the certificate of service by reproducing it in

electronic format or paper format, or on a record that enables the

information to be subsequently displayed or immediately accessible in

visible form, and

(

b) the reproduction referred to in paragraph (

a) has the same effect for all

purposes as an original of the certificate of service, if the reproduction

(

i) is certified in writing by an officer of the corporation as being a true

reproduction of all the information on the certificate of service, or

(ii) contains a statement that it is an authentic reproduction of all the

information on a certificate of service stored in a database in

electronic format by the corporation.

Section 14 (4.1), as enacted by

section 3 of the Supplement to the Offence Act, is amended

by striking out "section 83.1 (2) of the Motor Vehicle Act " and substituting "section 83.1

(2) or (2.1) of the Motor Vehicle Act " .

47 Sections 1, 2, 5 to 7, 9, 10, 12 to 16, 23 and 26 to 28 of the Supplement to the Offence Act

are repealed.

PART 3 – COURT RULES ACT AMENDMENT

Section 1 of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended by adding the following

subsection:

(8) In addition, in relation to the Provincial Court and the Supreme Court, the rules

may

(

a) permit or require, or provide to the court or to the parties to a proceeding the

ability to permit or require, mediation to be included as part of a proceeding,

whether or not the mediation is provided by or in the court, and

(

b) govern the conduct of, and all procedures relating to, the mediation.

PART 4 – INSURANCE (MOTOR VEHICLE) ACT AMENDMENTS

49 The Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the

following immediately before

section 1:

Part 1 .

Section 1 (1) is amended by adding the following definition:

"motor vehicle action" means an action brought in British Columbia in which

damages are claimed for injury, death or loss of or damage to property that arises

out of the use or operation of a motor vehicle or trailer; .

51 The following sections are added:

Limitation on recovery for acts of violence

19.1 If the dominant cause of any injury or death is the use of any weapon or any object,

other than a motor vehicle or trailer, used as a weapon,

(

a) the corporation is not liable under this Act or the regulations, including,

without limitation, under

section 20, 21 or 24 or under the plan established

under this Act and the regulations, to indemnify or to pay any benefit to or

make any other payment to

(

i) the person using the weapon or object,

(ii) the person suffering the injury or death, or

(iii) a spouse, child, parent or personal representative of a person referred

to in subparagraph (

i) or (ii), and

(

b) the person using the weapon or object is not a designated defendant, as that

term is defined in

section 52, for the purposes of

Part 3.

Limitation on recovery in relation to stolen motor vehicles

19.2

(1) This

section applies to a person who

(

a) suffered injury, death or loss of or damage to property that arises out of the

use or operation of a motor vehicle, and

(

b) at the time of the accident as a result of which the injury, death or loss of or

damage to property was suffered, was an operator of, or a passenger in or

on, a motor vehicle that the person knew or ought to have known was being

operated without the consent of the owner.

(2) Despite the Negligence Act and

section 56 of this Act,

(

a) if 2 or more persons are found at fault for the injury, death or loss of or

damage to property referred to in subsection (1), they are liable to the

person referred to in that subsection for any damages awarded for that

injury, death or loss of or damage to property in the degree to which they

are respectively found to have been at fault and are not liable to make contribution to and indemnify each other respecting that liability or any payment

made in relation to it, and

(

b) a person referred to in subsection (1) is not entitled to any recovery from the

corporation under

section 20.

Section 20 (1) is amended in the

definitions of "claimant" and "uninsured motorist" by

striking out "ownership," .

Section 21 (6) is amended by striking out "If" and substituting "Without limiting

section 30.1, if" .

Section 25 is amended

(

a) in subsections (4) and (5) by striking out "and costs" , and

(

b) in subsection (4) by striking out "ownership,".

55 The following

section is added:

Collection remedies

30.1

(1) In this section:

"convicted" includes

(

a) convicted under the Young Offenders Act (Canada) for contravening

section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 354,

355, 430, 434 or 435 of the Criminal Code, and

(

b) convicted or subject to 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 similar to

(

i) section 220, 221, 249, 252, 253, 254 (5), 255

(2) or (3), 322, 334, 335, 354, 355, 430, 434 or 435 of the Criminal Code ,

(ii)

section 224 or 226 of the Motor Vehicle Act;

"fine indebtedness" means the indebtedness referred to in paragraph (

g) of the

definition of "motor vehicle indebtedness";

"motor vehicle indebtedness" means

(

a) premium, as that term is defined in the regulations, required to be paid to

the corporation under this Act or the regulations that is unpaid,

(

b) an amount paid by the corporation under

section 21 on behalf of an insured

(

i) the amount was, under

section 21, paid to a person having a claim

referred to in

section 21 (1), and

(ii) the insured

(

A) is, in relation to the accident that resulted in the

injury, death or loss of or damage to property for which the payment was made,

convicted of an offence under

section 220, 221, 249, 252, 253 (

a) or 255 (2)

or (3) of the Criminal Code , or of an offence under a provision of the

law of the United States of America that is similar to one of those sections,

and the offence was committed while the insured was operating or having care

or control of a motor vehicle or by means of a motor vehicle,

(

B) 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 of America that is similar

to either of those sections and the accident occurred during the person's commission

of the offence and while the person was operating a motor vehicle,

(

C) 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 occurred

within the 2 hours preceding the person's commission of the offence and while

the person was operating a motor vehicle, or

(

D) was, at the time that the accident occurred, operating a motor

vehicle when not authorized and qualified by law to operate the

motor vehicle,

(

c) money in respect of which rights of recovery are assigned to the corporation

under

section 26 if the person against whom the corporation is entitled to

exercise those rights of recovery is, in relation to the injury, death or loss of

or damage to property in respect of which the money was paid, convicted of

an offence under

section 322, 334, 335, 354, 355, 430, 434 or 435 of the

Criminal Code or of an offence under a provision of the law of the United

States of America that is similar to one of those sections,

(

d) money owing to the corporation under

(

i) any judgment obtained by the corporation, including any order for

costs in favour of the corporation or an insured, or

(ii) any compensation or restitution order made in favour of the

corporation under

section 42.1 (6) of this Act, under the Criminal

Code or under any other enactment,

(

e) a fee that is prescribed under the Motor Vehicle

Act , and that has not been paid, for

(

i) the registration of a motor vehicle or trailer,

(ii) a licence or permit for a motor vehicle or trailer, or

(iii) a driver's licence,

(

f) money owing to the corporation under regulations made under

section 45 (2) (y), and

(

g) indebtedness to the government because of a failure

to pay a fine, or a victim's surcharge levy within the meaning of the Victims

of Crime Act , imposed as a result of a conviction under

(

i) a motor vehicle related Criminal Code offence,

within the meaning of the Motor Vehicle Act ,

(ii) the Motor Vehicle Act ,

(iii) the Commercial Transport Act ,

(iv) the Motor Fuel Tax Act ,

(

v) the Highway Act ,

(vi) the Motor Carrier Act ,

(vii) the Motor Vehicle (All Terrain) Act , or

(viii) the regulations made under

an Act referred to in subparagraphs (ii)

to (vii).

(2) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is indebted to the government or the corporation for a motor

vehicle indebtedness, the corporation may do one or more of the following for so

long as any part of the motor vehicle indebtedness remains outstanding:

(

a) recover the motor vehicle indebtedness by action against the debtor in a

court of competent jurisdiction;

(

b) refuse any application made by the debtor for insurance;

(

c) cancel any owner's certificate issued in the debtor's name or any universal

compulsory automobile insurance issued in the debtor's name;

(

d) issue an owner's certificate or universal compulsory automobile insurance

to the debtor with a term of more than 90 days but less than one year;

(

e) cancel any driver's certificate issued in the debtor's name;

(

f) issue a driver's certificate to the debtor with a term of more than 90 days but

less than 5 years.

(3) Subject to subsection (4) but despite any other provision

of this Act or the regulations, if a person is required to reimburse the corporation

under

section 90 (12) of the Motor Vehicle Act , the corporation

may exercise one or more of the rights referred to in subsection (2) (a), (b),

(

d) or (

f) for so long as any part of that indebtedness remains outstanding.

(4) Despite subsections (2) and (3), the corporation must not exercise a right referred

to in subsection (2) (b), (c), (d), (

e) or (

f) unless

(

a) the indebtedness is a fine indebtedness,

(

b) the corporation has a judgment in its favour in relation to the indebtedness

in respect of which it intends to exercise those rights, or

(

c) the corporation mails to the debtor, at the debtor's last address according to

the corporation's records, a written demand for payment of that indebtedness together with a notice of any action the corporation intends to take

under this section, and the debtor does not, within 30 days after the date of

mailing, pay the indebtedness or make arrangements satisfactory to the

corporation for payment of the indebtedness.

(5) If money is owed by a debtor to the corporation or the government for a motor

vehicle indebtedness, to the corporation for a reimbursement required under

section 90 (12) of the Motor Vehicle Act or to the corporation for any other reason,

the corporation may deduct the amount of the indebtedness from any insurance

money, other than benefits as defined in

section 25 (1), payable by the corporation

to the debtor, whether or not the corporation has provided a demand to the debtor

under subsection (4) (

c) of this section.

(6) Nothing in this

section limits or qualifies any other collection remedy or right

available to the corporation or the government under this or any other enactment

in relation to any indebtedness, including a motor vehicle indebtedness, owing by

any person to the corporation or to the government.

56 The following

section is added:

Offence

42.1

(1) In this section, "claim" includes

(

a) a claim for damages for injury, death or loss of or damage to property that

arises out of the use or operation of a motor vehicle, if the claim is made

against a person who is insured by the corporation for third party legal

liability,

(

b) an application to the corporation for benefits or insurance money to be paid

by the corporation, and

(

c) a claim under

section 20 or 24.

(2) A person commits an offence who

(

a) provides or causes another to provide to the corporation or its representatives information material to a claim that the person knew or ought to have

known is false or misleading, whether the information is required under this

Act or the regulations or is volunteered, or

(

b) makes a statement or representation to the corporation or its representatives

that the person knew or ought to have known is false or misleading in order

to obtain payment for goods or services provided to a person making a

claim, whether or not the goods or services were actually provided to that

person.

(3) The time limit for laying an information respecting an offence under this Act is

the earlier of

(a) 18 months after the facts on which the information is based first came to the

knowledge of the corporation, and

(b) 6 years after the information is provided or the statement or representation

is made.

(4) An individual who commits an offence under subsection (2) is liable,

(

a) on a first conviction, to a fine of not more than $25 000 or to imprisonment

for not more than 2 years, or to both, and

(

b) on each subsequent conviction, to a fine of not more than $50 000 or to

imprisonment for not more than 2 years, or to both.

(5) A corporation that commits an offence under subsection (2) is liable,

(

a) on a first conviction, to a fine of not more than $100 000, and

(

b) on each subsequent conviction, to a fine of not more than $200 000.

(6) At the time of sentencing a person convicted of an offence under this section, the

court may order that, in addition to any other penalty, the offender must pay

compensation or make restitution to the corporation for the actual loss or damage

caused by or arising out of the commission of the offence including, without

limitation, compensation or restitution for

(

a) any money paid by the corporation as a result of the commission of the

offence, including, without limitation, any money paid to or on behalf of the

offender, and

(

b) any expenses incurred by the corporation in connection with the claim,

including, without limitation, the expenses incurred by the corporation in

relation to investigation, file handling and prosecution of the offence.

(7) If an order in favour of the corporation is made under subsection (6), the

corporation may, by filing the order in a registry of the Supreme Court, enter as

a judgment the amount ordered to be paid and that judgment is enforceable

against the offender in the same manner as if it were a judgment rendered against

the offender in that court in civil proceedings.

(8) Nothing in this

section precludes the corporation or any other person from taking

any civil action or exercising any right of recovery against a person who commits

an offence under this section.

57 The following

section is added:

Alternate dispute resolution

44.1

(1) The Lieutenant Governor in Council may make regulations respecting mediation

in motor vehicle actions including, without limitation, regulations

(

a) providing to a party to a motor vehicle action the ability to require the

parties to engage in mediation and setting out when and how that ability

may be exercised and prescribing any other results that flow from the

exercise of that ability, and

(

b) respecting

(

i) the forms or procedures that must or may be used or followed before,

during and after the mediation process,

(ii) requiring and maintaining confidentiality of information disclosed

for the purposes of mediation,

(iii) the circumstances and manner in which a party to a motor vehicle

action may opt out of or be exempted from mediation,

(iv) the costs and other sanctions that may be imposed in relation to

mediation, including, without limitation, in relation to any failure to

participate in mediation when and as required or otherwise to comply

with the regulations,

(

v) the mediators' fees and disbursements, and

(vi) the qualifications required for, and the selection and identification of,

individuals who may act as mediators in the mediation process

contemplated by the regulations.

(2) If and to the extent that there is any conflict between the regulations made under

subsection (1) and any other enactment, including, without limitation, the rules

of any court, the regulations made under subsection (1) prevail.

(3) Regulations under subsection (1) may provide for a mediation process to be

applicable to motor vehicle actions brought out of one or more court registries

and may be different for motor vehicle actions brought out of different court

registries.

(4) Without limiting subsections (1) to (3) or any other enactment and without

limiting the right of the corporation to use any method it considers appropriate to

resolve any dispute, the Lieutenant Governor in Council may make regulations

respecting dispute resolution procedures, including, without limitation,

arbitration and mediation procedures, that the corporation may make available to

any person who wishes to use them to resolve disputes in relation to any benefits

or insurance money claimed or payable under this Act or the regulations or any

other disputes in relation to the administration of this Act and the regulations.

Section 45 (2) is amended by adding the following paragraph:

(

y) requiring an insured to pay to the corporation a prescribed portion of any

amount paid by the corporation to indemnify the insured against liability

imposed on the insured for loss of or damage to property that arises out of

the use or operation of a motor vehicle or trailer.

59 The following

section is added to

Part 1:

No insurance for additional premiums or liability

46.1 An insurer must not indemnify a person for liability to the corporation imposed on the

person under regulations made under

section 45 (2) (y).

60 The following

Part is added:

Part 3

Definitions

52 In this Part:

"accident" means an unintentional mishap occurring in British Columbia as a result

of which a person suffers injury, death or loss of or damage to property that arises

out of the use or operation of a motor vehicle;

"designated defendants" , subject to

section 19.1 (b), means, in relation to an

accident, the following persons:

(

a) each owner of a motor vehicle involved in the accident;

(

b) each operator of or passenger in or on a motor vehicle involved in the

accident and each person vicariously liable for that individual;

(

c) any other individual who, as a result of that individual's acts or omissions

at the scene of the accident, has some involvement in the accident and each

person vicariously liable for that individual,

and, in relation to a claim made under

section 20 or an action brought under

section 24, includes the corporation;

"net income loss" , in relation to a person who suffered loss of income as a result of

an accident is, for any period,

(

a) if the person is a person referred to in

section 2

(1) of the Income Tax Act , the gross income that the person lost

in that period less the amount that would have been payable on that gross income

for the following:

(

i) income tax under the Income Tax Act , as that

Act read on December 31 of the calendar year before the calendar year in respect

of which the net income loss is to be determined, calculated in accordance with

the regulations and with reference to prescribed deductions and tax credits;

(ii) income tax under the Income Tax Act (Canada) as that Act read on

December 31 of the calendar year before the calendar year in respect

of which the net income loss is to be determined, calculated in

accordance with the regulations under, and with reference to

deductions and tax credits prescribed under, this Act;

(iii) premiums under the Employment Insurance Act (Canada), as that Act

read on December 31 of the calendar year before the calendar year in

respect of which the net income loss is to be determined, or

(

b) for any other person, the gross income that the person lost in that period less

the following amounts calculated in accordance with the regulations under

this Act:

(

i) the amount that would have been payable as taxes on that gross

income according to the tax laws in the jurisdiction in which the

person is liable to pay tax on income, as those laws read on December

31 of the calendar year before the calendar year in respect of which

the net income loss is to be determined, calculated with reference to

deductions and tax credits prescribed under this Act;

(ii) the premiums or other amounts, if any, that would have been payable

in respect of that gross income according to the laws in the jurisdiction in which the person is liable to pay tax on income, as those

laws read on December 31 of the calendar year before the calendar

year in respect of which the net income loss is to be determined, for

a purpose similar or equivalent to that of the Employment Insurance

Act (Canada).

Application of sections 54 and 56

53 Sections 54 and 56 apply only to causes of action arising out of an accident that occurs

after June 17, 1997.

Recovery for loss of income

54 Despite any other enactment or rule of law but subject to this Part, a person who

suffers a loss of income as a result of an accident or, if deceased, his or her personal

representative, is entitled to recover from designated defendants, as damages for the

income loss suffered after the accident and before the first day of trial of any action

brought in relation to it, not more than the net income loss that the person suffered in

that period as a result of the accident.

Structured judgments

(1) The court must order that an award for pecuniary damages in a motor vehicle

action be paid periodically, on the terms the court considers just,

(

a) if the award for pecuniary damages is, after

section 25 has been applied, at

least $100 000 and the court considers it to be in the best interests of the

plaintiff, or

(

b) if

(

i) the plaintiff requests that an amount be included in the award to

compensate for income tax payable on income from investment of the

award, and

(ii) the court considers that the order, that the award be paid periodically,

is not contrary to the best interests of the plaintiff.

(2) Despite subsection (1), the court must not make an order under this

section

(

a) if one or more of the parties in respect of whom the order would be made

satisfies the court that those parties do not have sufficient means to fund the

order, or

(

b) if the court is satisfied that an order to pay the award periodically would

have the effect of preventing the plaintiff or another person from obtaining

full recovery for damages arising out of the accident.

(3) If the court does not make an order for periodic payments under this section, it

may make an award for damages that includes an amount to offset liability for

income tax on income from investment of the award.

Apportionment

(1) This

section applies in respect of a motor vehicle action in which the court

determines that loss of income has been caused by the fault of 2 or more persons

at least one of whom is a designated defendant.

(2) Despite the Negligence Act , if, in a

motor vehicle action, the plaintiff is found to be entitled to recover damages

for loss of income suffered after the accident and before the first day of trial

of any action brought in relation to it,

(

a) all of the defendants whom the court determines were

at fault for that loss of income are liable, in accordance with the Negligence

Act , to the plaintiff for the net income loss that the plaintiff suffered

in that period as a result of the accident, and

(

b) the court must determine the degree to which defendants who are not

designated defendants were at fault for that loss of income, and those

defendants

(

i) are liable, in accordance with the Negligence Act ,

for that portion of the difference between

(

A) the net income loss that the plaintiff suffered in that period as a

result of the accident, and

(

B) the gross income that the plaintiff would have earned in that

period had the accident not occurred

that is proportionate to the degree to which those defendants are

determined to be at fault for the loss of income, and

(ii) are not entitled to seek contribution or indemnification from

designated defendants respecting that liability or any payment made

in relation to it.

Section 3 of the Supplement to the Insurance (Motor Vehicle)

Act is amended by striking out " A heading with the words

'Part 1' is added immediately before

section 2 and the " and

substituting " The " .

Commencement

(1) Sections 1 to 14, 15 (b), 16, 17, 20 (a), 23 (a), 25 to 30, 32 to 46 and 48 to 59 of

this Act,

section 55 of the Insurance (Motor Vehicle) Act as enacted by

section 60

of this Act and

section 61 of this Act comes into force by regulation of the

Lieutenant Governor in Council.

(2) Sections 52 to 54 and 56 of the Insurance (Motor Vehicle) Act as enacted by

section 60 of this Act are deemed to have come into force on June 17, 1997 and

are retroactive to the extent necessary to give them effect on and after that day.

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