British Columbia Gazette Part II — B.C. Reg. 263/2001
B.C. Reg. 263/2001
British Columbia — Gazette
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Victoria, British Columbia, Canada
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Volume 44, No. 23
B.C. Reg. 263/2001
The British Columbia Gazette,
Part II
November 20, 2001
B.C. Reg. 263/2001, deposited November 8, 2001, pursuant to the INSURANCE (MOTOR VEHICLE ACT [Section 45]. Order in Council 976/2001, approved and ordered November 7, 2001.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2002, B.C. Reg. 447/83, the Revised Regulation (1984) under the Insurance (Motor Vehicle) Act, is amended as set out in the attached Appendix. — G. COLLINS, Minister of Finance; G. CAMPBELL, Presiding Member of the Executive Council.
APPENDIX
Section 1 (1) of B.C. Reg. 447/83, the Revised Regulation (1984) under the Insurance (Motor Vehicle) Act, is amended by adding the following definition:
"amphibious vehicle" means a vehicle that is designed or adapted for operation on both land and water; .
Section 2 (1) is amended by striking out "or" at the end of paragraph (e), by adding "or" at the end of paragraph (f), and by adding the following paragraph:
(
g) an amphibious vehicle when being used in or upon water, when docked or floating in water, or when being launched into or landed from water.
Section 11 (1) is amended in paragraph (a) (ix) of the definition of "chargeable claim payment" by striking out "Division 3 of
Part 9," and substituting "Division 3 or 4 of
Part 9,".
4 Sections 16 (
d) and 30 (
d) are amended by striking out "Division 3 of
Part 9." and substituting "Division 3 or 4 of
Part 9." .
Section 55 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) In this
section "insured" means
(
a) an insured as defined in
section 42, 63, 65, 78, 113, 127, 146.6 (2), 146.13 (2) or 148.1 (1),
(
b) a named insured as defined in
section 146.5 (2) or 146.12 (2), or
(
c) an applicant as defined in
section 146.1 or 146.8.
and includes an insured under a special policy or coverage issued under sections 97.1 and 168 and
Part 11 or under a driver's policy issued under
section 51.
(
b) in subsections (2), (4) and (5) by striking out ",
section 109 or Division 2 or 3 of
Part 9" and substituting "or
Part 9", and
(
c) in subsections (6), (7.1) and (8) by striking out ",
section 109 and Division 2 or 3 of
Part 9" and substituting "and
Part 9".
Section 56 (1) (
b) is amended by striking out "section 110, Division 2 or 3 of
Part 9," and substituting "Part 9".
Section 113 is amended
(
a) in the definition of "equipment" by striking out "; but for any own damage coverage or excess special equipment endorsement issued or renewed on or after January 1, 1995 does not include" and substituting ", but does not include",
(
b) in the definition of "equipment" by repealing paragraph (
a) and substituting the following:
(
a) any device intended to circumvent law enforcement, including a radar detector, laser jammer or laser detector, or ,
(
c) by adding the following definition:
"modified motor vehicle" means a motor vehicle of a manufacturer's make in which a person who is not a manufacturer of motor vehicles has altered
(
a) the body of the motor vehicle so that it resembles, but is no longer identical in appearance to, the original body of the motor vehicle, or
(
b) any one or more of the following so that they differ from the manufacturer's available original equipment options for the model year of that motor vehicle:
(
i) the chassis;
(ii) the power train;
(iii) the steering and braking mechanical components; , and
(
d) by repealing the definition of "replica" .
Section 120.1 (1) is amended by striking out "replica," and substituting "modified motor vehicle,".
Section 143 (1) is amended by adding "less any applicable deductible amount in accordance with
section 117," after "actual cash value of a vehicle or its equipment or both,".
Section 146.4 is amended
(
a) in subsection (1) by striking out "subsections (2) to (4)," and substituting "subsections (2) to (5)," , and
(
b) by adding the following subsection:
(5) Coverage provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section
Section 146.5 is amended
(
a) in subsection (1) by striking out "subsections (2) to (6)," and substituting "subsections (2) to (8),",
(
b) in subsection (2) by repealing paragraph (
c) and substituting the following:
(
c) the spouse of a person described in paragraph (
a) or (b), but, for the purpose of coverage provided by sections A, D and E of the rental vehicle policy (APV-281), only if the spouse is shown or included as a permitted driver on the contract for the rental or lease of the non-owned vehicle. , and
(
c) by adding the following subsections:
(7) Condition 4 of the special terms, conditions and limitations of
Section D of the insuring agreements of the rental vehicle policy (APV-281) do not apply to this section.
(8) If coverage is provided to an insured under a rental vehicle policy (APV-281) by more than one RoadStar package, Roadside Plus package under Division 4 of
Part 9, or rental vehicle policy (APV-281), the insured shall be reimbursed only under the package or policy which provides the insured with the higher or highest amount of reimbursement, and if the amounts are equal, the corporation may determine the package or policy that applies.
Section 146.6 is amended
(
a) in subsection (5) by adding "or to any other vehicle owned by or leased to the insured" after "the owner's certificate" , and
(
b) by repealing subsection (7) and substituting the following:
(7) If coverage is provided to an insured or an additional insured under a vehicle travel protection policy (APV-314) by more than one RoadStar package, Roadside Plus package under Division 4 of this Part or vehicle travel protection policy (APV-314), the insured or the additional insured shall be reimbursed only under the package or policy which provides the insured or the additional insured with the higher or highest amount of reimbursement, and, if the amounts are equal, the corporation may determine the package or policy that applies.
Section 146.7 is amended
(
a) in subsection (1) by striking out "Subject to subsections (2) and (3), the corporation will provide coverage for a motor vehicle" and substituting "Subject to subsections (2) to (4), the corporation will provide coverage for the motor vehicle described in the owner's certificate" , and
(
b) by adding the following subsection:
(4) Coverage provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section 127.
14 The following Division is added to
Part 9:
Division 4 — Roadside Plus Package
Interpretation
146.8 In this Division:
"applicant" means a person who applies for a new or renewal certificate and includes an assigned corporate driver;
"assigned corporate driver" means a person assigned by the owner or lessee named in an owner's certificate to be the principal driver of a vehicle described in the owner's certificate where
(
a) the owner or lessee is not an individual, and
(
b) the assigned vehicle is a taxable benefit to the assigned person under the Income Tax Act (Canada);
"Roadside Plus package" means coverage provided under
(
a) loss of use coverage under
section 125,
(
b) special coverage under
section 153 (1) (
u) for a rental vehicle policy (APV-281),
(
c) special coverage under
section 153 (1) (
w) for a vehicle travel protection policy (APV-314), and
(
d) sections 146.14, 146.15, 146.16, 146.17 and 146.18.
Roadside Plus Package
146.9 Subject to
section 7 (2) of the Act, the corporation may, on application and payment of the applicable premium, provide to an applicant the Roadside Plus package for a motor vehicle described in an owner's certificate if the motor vehicle is
(
a) a private passenger motor vehicle, a motor home, or a commercial motor vehicle with a gross vehicle weight of 5 000 kg or less,
(
b) rated in vehicle rate class 001, 002, 003, 004, 005, 007, 011, 012, 014, 021, 022, 023, 024, 027, 051 or 055, and
(
c) insured under
Part 9, Division 2, for collision coverage with a deductible not exceeding $500.
Territorial limit
146.10 The indemnity provided under this Division applies only to a loss that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.
Loss of use coverage
146.11
(1) Subject to subsections (2) to (5), loss of use coverage under this
section applies only to the motor vehicle described in the owner's certificate and is in accordance with the coverage provided under
section 125 (2) to (8).
(2) Reimbursement provided under this
section is excess to the coverage provided under
section 146.17 but is primary to any coverage provided under
section 124, 125 or 146.13.
(3) For the purposes of this section, the loss of use coverage under
section 125 (3) (
b) has a daily limit of $100 for all vehicles other than motor homes and shall not exceed a total limit of
(a) $1 000 in the case of a motor home, and
(b) $750 in all other cases.
(4) Sections 113, 142, 144 and 145 apply in respect of indemnity provided under this section.
(5) Coverage provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section 127.
Rental vehicle coverage
146.12
(1) Subject to subsections (2) to (8), the coverage provided under this
section is in accordance with the coverage provided under a rental vehicle policy (APV-281) referred to in
section 153 (1) (
u) except that the limit of liability under
Section A of the rental vehicle policy (third party legal liability) shall be $2 000 000.
(2) For the purposes of the coverage provided under this section, the named insured on the rental vehicle policy (APV-281) means
(
a) the person named in the owner's certificate,
(
b) an assigned corporate driver, or
(
c) the spouse of a person described in paragraph (
a) or (
b) but, for the purpose of coverage provided by Sections A, D and E of the rental vehicle policy (APV-281), only if the spouse is shown or included as a permitted driver on the contract for the rental or lease of the non-owned vehicle.
(3) The non-owned vehicle for which coverage applies under this
section must be one which is
(
a) a courtesy car, or
(
b) rented from an established rental service under a written rental agreement for a period not exceeding 30 days.
(4) The non-owned vehicle referred to in subsection (3) (
b) may be rented in the name of the named insured, but when the named insured is the employer of the assigned corporate driver, it must be rented for use by the assigned corporate driver or the spouse of the assigned corporate driver.
(5) Reimbursement under this
section is primary coverage and reimbursement under
section 127 is excess to the coverage provided under this section.
(6) Reimbursement under
section E of the rental vehicle policy (APV-281) is excess to the coverage provided under
section 146.13.
(7) Condition 4 of the special terms, conditions and limitations of
Section D of the insuring agreements of the rental vehicle policy (APV-281) does not apply to this section.
(8) If coverage is provided to an insured under a rental vehicle policy (APV-281) by more than one Roadside Plus package, RoadStar package under Division 3 of this Part or rental vehicle policy (APV-281), the insured shall be reimbursed only under the package or policy which provides the insured with the higher or highest amount of reimbursement, and, if the amounts are equal, the corporation may determine the package or policy that applies.
Vehicle travel protection coverage
146.13
(1) Subject to subsections (2) to (7), the coverage provided under this
section is in accordance with the vehicle travel protection policy (APV-314) referred to in
section 153 (1) (
w) except that the limits of coverage under the vehicle travel protection policy for the described vehicle shall be as follows:
(
a) for all vehicles, other than motor homes,
(
i) Section A (Additional Living Expenses Option), $1 000 maximum per occurrence if total number of insureds is 2 or less, or $2 000 maximum per occurrence if total number of insureds is 3 or more, and
(ii)
Section D (Travel Expenses for Insured to Return to Address Shown), $3 000 maximum per occurrence if total number of insureds is 2 or less, or $6 000 maximum per occurrence if total number of insureds is 3 or more;
(
b) for motor homes,
(
i) Section A (Additional Living Expenses Option), $2 000 maximum per occurrence, regardless of the total number of insureds,
(ii)
Section C (Towing Expenses), $250 maximum per occurrence,
(iii)
Section D (Travel Expenses for Insured to Return to Address Shown), $3 000 maximum per occurrence if total number of insureds is 2 or less, or $6 000 maximum per occurrence if total number of insureds is 3 or more; and
(iv)
Section E (Expenses to Return the Described Vehicle to Address Shown), $1 000 maximum per occurrence.
(2) For the purposes of the coverage provided under this section, "additional insured", "described vehicle", "home" and "insured", when used or defined in the vehicle travel protection policy (APV-314), have the following meanings:
"additional insured" means every person travelling with the insured;
"described vehicle" means the vehicle described on the owner's certificate or any other private passenger motor vehicle, commercial motor vehicle with a gross vehicle weight of 5 000 kg or less, motor home or motorcycle, whether owned, rented or borrowed by the insured;
"home" means
(
a) the address of the insured as shown on the owner's certificate if the insured is an individual, or
(
b) the address of the assigned corporate driver where the insured named in the owner's certificate is other than an individual;
"insured" means
(
a) the person named in the owner's certificate,
(
b) an assigned corporate driver, or
(
c) the spouse of a person described in paragraph (
a) or (b).
(3) The indemnity provided under this
section applies only to journeys not exceeding 30 days.
(4) Items 1, 4, 14 and 18 (ii) of the general terms, conditions and limitations of the vehicle travel protection policy (APV-314) do not apply to this section.
(5) The indemnity provided under
section B of the vehicle travel protection policy (APV-314) does not apply to the vehicle described on the owner's certificate or to any other vehicle owned by or leased to the insured.
(6) Reimbursement provided under this
section is excess to the coverage provided under
section 146.11 or 146.17 but is primary to any coverage provided under
section 124 or 125.
(7) Where coverage is provided to an insured or an additional insured under a vehicle travel protection policy (APV-314) by more than one RoadStar package under Division 3 of this Part, Roadside Plus package or vehicle travel protection policy (APV-314), the insured or the additional insured shall be reimbursed only under the package or policy which provides the insured or the additional insured with the higher or highest amount of reimbursement, and, if the amounts are equal, the corporation may determine the package or policy that applies.
Emergency roadside expense repayment
146.14
(1) Subject to subsections (2) to (10), the corporation will provide coverage for the loss of use of the motor vehicle to which the Roadside Plus package applies due to its disablement for any reason other than
(
a) as a result of a peril for which coverage would be provided under collision or specified perils coverage, or
(
b) loss or damage caused by missiles, falling or flying objects, malicious mischief, vandalism and impact with a domestic or wild animal, either living or dead,
and will reimburse
(
c) the cost to provide emergency service to enable the motor vehicle to become operational,
(
d) the cost to transport the motor vehicle to the appropriate repair facility if the vehicle cannot be made operational, and
(
e) if costs are incurred under paragraph (d), the reasonable and necessary costs incurred in the commencement or completion of a journey.
(2) The coverage under subsection (1) is conditional on the following:
(
a) the applicant has purchased from the corporation, in respect of the motor vehicle referred to in subsection (1), the Roadside Plus package, and
(
b) the applicant has, within 6 months of the loss, presented to the corporation receipted bills for the services provided under subsection (1) together with acceptable evidence of the loss of use of the motor vehicle.
(3) The corporation may waive strict compliance with the terms of subsection (2) (
b) if to do so does not prejudice the corporation.
(4) The liability of the corporation for payment of a claim under this
section is limited to the lesser of the total costs described under subsection (1) or $50.
(5) The corporation will not be liable for payment under this
section for more than 2 claims per policy term.
(6) Coverage provided under this
section does not include the cost of parts or supplies, including gasoline, oil, batteries and tires.
(7) No deductible applies to claims payable under this section.
(8) Coverage provided under this
section applies only in excess of any other valid and collectible emergency road service insurance or benefits available and any such insurance or benefit shall be primary to the coverage provided by this section.
(9) Coverage provided under this
section does not apply for any claim for reimbursement, in full or part, of any deductible applied to a loss payable under any contract for collision, comprehensive or specified perils coverage provided by the corporation or any other insurer.
(10) Coverage provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section 127.
Locks, keys and remote keyless entry transmitters
146.15
(1) Subject to subsections (2) to (6), the corporation will provide coverage for the motor vehicle described in the owner's certificate to reimburse
(
a) the cost to replace the keys or a remote keyless entry transmitter that has been stolen, and
(
b) the cost to re-key or re-code motor vehicle locks if the keys or a remote keyless entry transmitter has been stolen.
(2) The coverage under subsection (1) is conditional on the following:
(
a) the applicant has purchased from the corporation, in respect of the motor vehicle referred to in subsection (1),
(
i) the Roadside Plus package, and
(ii) comprehensive coverage or specified perils coverage;
(
b) the applicant has, within 48 hours after discovery of the theft referred to in subsection (1), reported the theft to the police;
(
c) the applicant advises the corporation of the police case file number.
(3) The liability of the corporation for payment of a claim under this
section is limited to the lesser of
(
a) the total costs described in subsection (1), and
(b) $1 000.
(4) No deductible applies to claims payable under this section.
(5) Section 145 applies in respect of indemnity provided under this section.
(6) Coverage provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section 127.
Family worldwide transportation
146.16
(1) In this section:
"family member" means a person who is a member of the insured's household or a member of the insured's immediate family;
"immediate family" includes a spouse, parent, natural or adopted child, step-child, legal guardian, step-parent, grandparent, grandchild, in-law, brother, sister, step-brother, step-sister, aunt, uncle, niece or nephew of the insured;
"insured" means a resident of British Columbia who is
(
a) the person named in the owner's certificate,
(
b) an assigned corporate driver, or
(
c) a member of the household of a person described in paragraph (
a) or (b);
"life threatening injury" means any injury arising from a motor vehicle accident requiring, within 24 hours of the accident, immediate and ongoing medical life support intervention in an intensive care unit of a hospital or registered medical care facility in order to keep the injured person alive.
(2) Subject to
section 146.10 and subsections (3) to (9), the corporation will reimburse family members on an insured's behalf for
(
a) reasonable and necessary travel expenses incurred for the one-time transportation of family members in order to attend at a hospital or registered medical care facility in Canada or the United States where the insured is being treated for a life threatening injury, including expenses to return home, and
(
b) reasonable and necessary additional living expenses incurred for lodging, meals, telephone calls or transportation that are incurred in conjunction with the expenses described in paragraph (a).
(3) The corporation is not liable for reimbursement of expenses referred to in subsection (2) (
a) if the transportation to attend at a hospital or registered medical care facility does not occur within 7 days following the date of the motor vehicle accident.
(4) The corporation may waive strict compliance with the terms of subsection (3) if to do so does not prejudice the corporation.
(5) The liability of the corporation for payment of all claims under subsection (2) (
a) arising out of the same motor vehicle accident is limited to the lesser of
(
a) the total costs of travel expenses described in subsection (2) (a), and
(b) $5 000.
(6) The liability of the corporation for payment of all claims under subsection (2) (
b) arising out of the same motor vehicle accident is limited to the lesser of
(
a) the total of the additional expenses described in subsection (2) (b), and
(b) $500.
(7) If more than one Roadside Plus package provides coverage to an insured, family members shall only be reimbursed under one such package with respect to a motor vehicle accident.
(8) Section 145 applies in respect of indemnity provided under this section.
(9) The corporation is not liable to reimburse family members on an insured's behalf under this
section if
(
a) the insured, at the time of the accident, is
(
i) an occupant of or is struck by a vehicle that could not be licensed under the Motor Vehicle Act or Commercial Transport Act , or that is of such design that if owned or operated in the Province could not be licensed under one of those Acts,
(ii) an occupant of a vehicle exempted under
section 43 or 44 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate, or
(iii) an occupant of a vehicle that is of such design that it could be licensed under the Motor Vehicle Act , the Commercial Transport Act or similar legislation of another jurisdiction but that is in fact not licensed under the applicable legislation, unless the insured had reasonable grounds to believe that the vehicle was licensed,
(
b) the insured attempts to commit suicide, whether he or she is sane or insane,
(
c) the insured is an occupant of a vehicle that, at the time of the accident, is being used for an illicit or prohibited trade or transport, or
(
d) the insured's life threatening injury is caused, directly or indirectly, by sickness or disease, unless the sickness or disease was contracted as a direct result of a motor vehicle accident for which reimbursement is provided under this section.
Destination assistance
146.17
(1) Subject to subsections (2) to (7), the corporation will reimburse an applicant for reasonable and necessary costs incurred by
(
a) the applicant,
(
b) the occupants of the motor vehicle described in the owner's certificate to which the Roadside Plus package applies, and
(
c) any person who would have been an occupant of the motor vehicle had the loss described in this subsection not occurred
for the commencement or completion of a journey where the motor vehicle is unavailable or inoperable due to a loss for which a claim is made under the collision, theft or vandalism coverage provided under the owner's certificate under Division 2 of this Part.
(2) The liability of the corporation for payment of all claims arising out of the same occurrence under this
section is limited to the lesser of
(
a) the total costs described in subsection (1), and
(b) $100.
(3) The corporation will only reimburse an applicant for expenses
(
a) incurred within 12 hours of a collision loss or within 12 hours after the discovery of the theft or vandalism loss, and
(
b) for which the applicant presents receipted bills to the corporation within 6 months of the loss.
(4) The coverage described under subsection (1) does not include coverage for expenses incurred for the rental of a substitute motor vehicle.
(5) The corporation may waive strict compliance with subsection (3) (
b) if to do so does not prejudice the corporation.
(6) Reimbursement provided under this
section is primary coverage and any reimbursement provided under
section 124, 125, 146.11 or 146.13 is excess to the coverage provided under this section.
(7) Coverage provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section 127.
Theft deductible waiver
146.18
(1) In the event of the total theft of the motor vehicle described in the owner's certificate to which the Roadside Plus package applies, the comprehensive or specified perils deductible applicable under
section 117 (1) is waived.
(2) The waiver provided under this
section does not apply in respect of a temporary substitute motor vehicle defined in
section 127.
Section 155 (1) is amended in paragraph (
i) of the definition of "loss experience" by striking out "Division 3 of
Part 9;" and substituting "Division 3 or 4 of
Part 9;".
16 The Vehicle Use Tables of Table 2 of
Schedule 1 are amended by repealing the tables for rate classes 013, 021, 022, 023, 024, 027, 310, 311, 312, 313, 314, 320, 321, 322, 323, 324, 690, 691,692, 693, 695, 710, 711, 712, 713, 714, 720, 721, 722, 723 and 724 and substituting the following:
[ exempt from publication ]
Section 3 of Table 3.1 of
Schedule 1 is amended by repealing item 3 under Columns 1 and 2 and substituting the following:
Column 1
Vehicle Rate Class
Column 2
Territory
A vehicle rated in rate class 013
Territory that commands the highest premium in which the vehicle is used for any use other than pleasure use as defined in
section 1 of Table 2 of
Schedule 1
A vehicle in any other rate class
Territory in which the vehicle is used, but if the vehicle is used in more than one territory, the territory that commands the highest premium.
Schedule 5 is amended by repealing forms APV4C, APV4D, APV4F and APV38 and substituting the following:
Schedule 6 is amended by repealing forms APV4AF, APV4AG, APV4F, APV 4X, APV11P, APV11X, APV29, APV45, APV286A and APV300 and substituting the following:
Schedule 8 is amended
(
a) in sections 1, 3 and 4 by striking out "2001" wherever it appears and substituting "2002", and
(
b) in
section 3 (2) by striking out "2000" and substituting "2001".
Re: B.C. Reg. 263/2001
Pursuant to
section 6 of the Regulations Act, I hereby exempt from publication the Vehicle Use Tables in Table 2 of
Schedule 1, as enacted by
section 16 of B.C. Reg. 263/2001.
The exempted material may be inspected during office hours at the offices of the Insurance Corporation of British Columbia, 151 West Esplanade, North Vancouver, B.C. V7M 3H9, or the offices of the Minister of Transportation, Parliament Buildings, Victoria, B.C. V8V 1X4. — A. LeQUESNE, Assistant Registrar of Regulations.
Copyright © 2001: Queen's Printer, Victoria, British Columbia, Canada