British Columbia Order in Council — Amendment to Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation (O.C. 207/2022)

O.C. 207/2022

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective May, 1, 2021, the Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, B.C. Reg. 60/2021, is amended as set out in the attached Schedule. Minister of Public Safety and Solicitor General and Deputy Premier Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, ss. 169 and Other: O.C. 112/2021 R10565633 April 11, 2022

SCHEDULE The Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, B.C. Reg. 60/2021, is amended in

section by adding the following subsections:

(0.1) In the Act and this regulation, “unable”, in relation to the employment of an insured, means that the insured is fully or substantially unable to perform the essential duties of the employment.

(1.1) In sections 138, 139, 143 and of the Act “employment”, in relation to an insured, means the employment that the insured would have held but for the accident. 2

Section 2 (7) is amended by adding “ for each of the 12 months of the calendar year preceding April before the date on which the accident occurred” after “on the basis of the industrial average wage”. 3

Section 4 (1) (

c) is am ended by striking out “ all employments” and substituting “ all employment”. 4

Section 54 (1) (

c) is amened by striking out “ that student is unable ” and substituting “that the student is unable”. 5

Section 60 (2) is amended by striking out “ 19 years of age” and substituting “18 years of age”. 6

Section is repealed an d the following substituted: Benefit for minor unable to begin or continue studies 62

(1) Subject to subsection (2), the income replacement benefit to which a minor is entitled under

section of the Act is based on a gross yearly employment income equal to a yearly average calculated on the basis of the industrial average wage for each of the 12 months preceding July of the year before the end of the school year during which the minor reaches 18 years of age.

(2) Despite

section of th e Act, which provides that a minor is entitled to the ben- efit under that

section from the end of the school year in which the minor reaches 18 years of age, a minor who would have had, but for the accident, a date sched- uled as the date of the end of the minor’s studies in a particular school year before the school year during which the minor reaches 18 years of age, is entitled to the benefit under that

section from the end of that particular school year.

(3) For the purpose of subsection (2), the income replacement benefit is based on a gross yearly employment income equal to a yearly average calculated on the basis of the industrial average wage for e ach of the 12 months preceding July of the year before the end of that particular school year. 7 Sections 63 (1) and 65 (1) are amended by striking out “July of the year in which the minor reaches 19 years of age ” and substituting “ the date scheduled, at the time of the accident, as the date of the end of the minor’s studies”.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 207/2022
Type	order_in_council
Volume / chapter	arc oic 0207 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	52a7c855f73bba56c7a4073f239183ac69e6fa04

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