British Columbia Order in Council — Order under Insurance Corporation, s (O.C. 73/2021)

O.C. 73/2021

British Columbia — Orders in Council

073 February 12, 2021 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered 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 approval is given to the attached government directive issued by the Minister of Public Safety and Solicitor General to the Insurance Corporation of British Columbia and dated January 26, 2021. Minister of Public Safety and Solicitor General (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Insurance Corporation Act, R.S.B.C. 1996, c. 228, s. 47 Other: B.C. Reg. 307/2004, s. 3 (4) 010484319 page 1 with attachment

January 26, 2021 Joy MacPhail Chair BRITISH COLUMBIA Board of Directors, Executive Office Insurance Corporation of British Columbia 517-151 West Esplanade North Vancouver, BC V7M 3H9 Re: Letter of Direction - Application in Support of COVID-19 Rebate I am writing to provide direction to the Insurance Corporation of British Columbia (ICBC) to issue a COVID-19 rebate to Basic certificate holders. ICBC is hereby directed to apply to the British Columbia Utilities Commission (BCUC), by February 16, 2021, for approval of the attached Tariff pages, which amend the Basic Insurance Tariff.

The pages include amendments that are to be effective March 1, 2021. The enclosed Tariff pages will provide for ICBC to issue a COVID-19 rebate no earlier than March 1, 2021 to holders of an applicable Basic insurance certificate that was in effect at any time during the period beginning on April 1, 2020 and ending on September 30, 2020. The rebate will be a percentage of the earned premium for the Basic portion of the certificate that was in effect during this period (COVID-19 Rebate).

As reflected in the enclosed Tariff pages, the COVID-19 Rebate will apply to all certificates other than the following: Ministry of Public Safety o Temporary Operation Permit and Owner's Certificate oflnsurance (APV16); o Owner's Interim Certificate oflnsurance (APV38); o Combined Non-Resident Commercial Vehicle Permit and Insurance Certificate (APV96); o Owner's Certificate of Insurance for Highway Crossing Permit (APV37); o Driver's Certificate; o Non-fleet Taxi Certificate (APV 434) in relation to the distance-based portion of the premium; .. ./2 Office of the Minister Mailing Address: and Solicitor General Parliament Buildings Victoria BC V8V 1X4

Joy MacPhail Page 2 o Fleet Reporting Certificate (APV90) - Receipts or Mileage Based (rate class 903 and 904); o Fleet Reporting Certificate -Taxis (APV90) (rate class 902) in relation to the distance-based portion of the premium; and o P2P and TNS Blanket Certificate (APV383). The COVID-19 Rebate is to be based on the amended Tariff pages attached to this letter of direction.

The COVID-19 Rebate amount will be returned proportionally to each policyholder as a percentage of the total earned premium paid for the certificate that was in effect, for any number of days, for the eligibility period beginning on April 1, 2020 and ending on September 30, 2020. It should be recognized that unforeseen circumstances can arise that may necessitate changes to the Tariff language to ensure the original intent is achieved.

In the event that ICBC identifies, after approval of the attached amended Tariff pages, that further changes are necessary to achieve the original intent, then ICBC should bring those changes forward to the BCUC for approval. ICBC is directed to incorporate any necessary consequential amendments to the attached Tariff pages, and other Tariff pages, for example to reflect any changes to the Tariff approved by the BCUC prior to the effective date of the attached pages.

This letter of direction is a government directive within the meaning of that term as it may be defined in Special Direction IC2 to the British Columbia Utilities Commission (B.C. Reg. 307 /2004). Sincerely, r- -~..,\ /1,;,L~ Honourable Mike Farnworth Minister of Public Safety and Solicitor General Enclosure CLIFF# 614450

Insurance Corporation of British Columbia Basic Insurance Tariff Index Page 2 Eleventh Revision Effective: March 1, 2021 2. F.5 APV 38 Binder for Owner's Interim Certificate of Insurance 2. F.6 APV 44 Vintage Motor Vehicle Certificate 2. F.7 APV 49 Unlicensed Farm Tractor Certificate 2. F.8 Licence and Certificate of Insurance (Manufacturer, Trailer Floater) 2. F.9 APV 317 Collector Multi Vehicle Licence and Certificate of Insurance 2. F.10 APV 116A Special Agreement Vehicle Licence and Certificate of Insurance 2. F.11 Transporter's/ Demonstration/ Repairer's Licence and Certificate of Insurance 2. F.12 Limited Access Island Certificate 2. F.13

SECTION 2.F.13 IS NO LONGER IN EFFECT 2. F.14 Special Event Certificates 2. F .15 Unusual Vehicle Certificates 2. F.16 APV 40 Temporary Change of Use and/or Territory Endorsement 2. F.17 APV 383 Blanket Certificates 2. F.18 APV 434 Non-fleet Taxi Certificate 2.G. Premium Payable for Driver's Certificates 2.G.1 Premium Payable for Driver's Certificates 2.G.2 Application of Other Basic Insurance Tariff Provisions and IVR Sections 2.H. Refunds on Cancellations 2.H.1 Refunds on Cancellations 2.H.2 Per Diem Calculat ions 2.1.

Minimum Premiums and Minimum Retained Premiums 2.1.1 Minimum Premiums 2.1.2 Minimum Retained Premiums 2.J. Interest on Unpaid Premium and Service Charge for Returned Cheques 2.K. Changes, Refunds and Rebates 2.K.1 Premiums or Refunds for Changes 2.K.2 Other Refunds 2.K.3 Prorating 2.K.4 Rebates 2. L. Recovery of Unpaid Premiums 2.M. Short Term Premium Surcharge 2.M.1 General 2.M.2 Calculation of Surcharge 2.N. Premium for Vehicles Licensed under

Section 9 of the Motor Vehicle Act 2.0. Learner Premium Amended effective : March 1, 2021 Accepted : _________ _ Order: ________ _ Commission Secretary: _________ _ le IN

Insurance Corporation of British Columbia Basic Insurance Tariff

Definitions Page 1 Seventh Revision Effective: March 1, 2021 1.

DEFINITIONS Note: Unless otherwise noted in this Basic Insurance Tariff, terms defined in the Insurance (Vehicle) Act or the Insurance (Vehicle) Regulation have the same meaning when used in this Basic Insurance Tariff. base rate base rate premium Basic insurance business code certificate Commission COVID-19 rebate driver risk premium Fleetplan fleet discount means $1,063. means the premium for a vehicle determined by multiplying the base rate by the rate class and territory factor determined in accordance with

Schedule C with reference to the rate class and territory declared in the application for an owner's certificate, and the limit of third party liability insuran ce coverage in accordance with the IVR. means universal compulsory vehicle insurance coverage as defined in

section 1 of the Insurance (Vehicle) Act. means the number corresponding to a garage operator's business determined in accordance with

Schedule 0. unless otherwise specified, includes an owner's certificate, a garage policy, coverage under a temporary operation permit and an additional product certificate. means the British Columbia Utilities Commission. means the rebate set out in

Section 2. K.4.1 of this Basic Insurance Tariff. means a premium calculated in accordance with

Section 3 of

Schedule E. means the method of calculation of the premium payable for coverage provided for a fleet. means the discount described in

Section 2.D.3 of this Basic Insurance Tariff. fleet surcharge means the surcharge described in

Section 2.D.4 of this Basic Insurance Tariff. garage policy means a garage vehicle certificate established under

section 149(1 )(

k) of the Insurance (Vehicle) Regulation. Amended effective: March 1, 2021 Accepted: _________ _ Order:_________ Commission Secretary: _________ _

2.K Changes, Refunds and Rebates 2.K.1 Premiums or Refunds for Changes 2.K.1.1 On reporting a change: Insurance Corporation of British Columbia Basic Insurance Tariff Basic Insurance Premiums Page 37 Seventh Revision Effective: March 1 , 2021

a) described in

section 9(2) (a) (ii) or (

b) of the IVR,

b) to listed drivers,

c) to add an unlisted driver protection premium as described in

section 2.C. of this Basic Insurance Tariff, or

d) to add a non-fleet taxi unlisted driver protection premium as described in

section 2.F.18.1 of this Basic Insurance Tariff, the person named on an owner's certificate or an additional product certificate, or in the case of a vehic le insured under Fleetplan, the fleet operator, shall pay to ICBC or, subject to

Section 3 of

Schedule Q (Short Term Certificates) of this Basic Insurance Tariff, be refunded by ICBC the difference, calculated in accordance with

Section 2.K.3 of this Basic Insurance Tariff, between the premium paid for the number of days in the term of the owner's certificate or additional product certificate that are unexpired on the day the change is reported and the premium payable as a result of the change. 2.K.1.2 Schedu les A, B, C, D, G, T, X, Y, Z, AA and AB, Sections 2.F. and 2.0., and the definition of base rate in

Section 1 of this Basic Insurance Tariff that are in force on the effective date of an owner's certificate or an additional product certificate continue to apply to any change made in the owner's certificate or additional product certificate before it expires notwithstanding any intervening amendment to such Schedules and Sections. 2.K.2 Other Refunds 2.K.2.1 Notwithstanding

section 2.H.1 of this Basic Insurance Tariff and subject to

Section 3 of

Schedule Q (Short Term Certificates) where (

a) the person named on an owner's certificate, or (

b) in the case of a vehicle insured under Fleetplan, the fleet operator, satisfies ICBC that during the term of the certificate the vehicle described in it has, for a continuous period of 30 days or more, been in a jurisdiction other than Canada or the United States of America, ICBC may refund to the person named in the owner's certificate or the fleet operator as the case may be, that part of the premium for the owner's certificate that is proportionate to the number of days the vehicle was in the other jurisdiction. Amended Effective: March 1, 2021 Accepted: _________ _ Order: ________ _ Commission Secretary : _________ _ IN

Insurance Corporation of British Columbia Basic Insurance Tariff Basic Insurance Premiums Page 38 IC Effective: March 1, 2021 2.K.2.2 Subject to

Section 3 of

Schedule Q (Short Term Certificates), where an owner's certificate is deemed to have lapsed under

section 37 (4) of the IVA, ICBC may refund to the person named in the owner's certificate or the fleet operator as the case may be, the premium for the number of days remaining unexpired in the certificate on the day on which it is deemed to have lapsed. 2.K.2.3

Section 2.K.2.1 and 2.K.2.2 does not apply with respect to a vehicle rated in vehicle rate class 036. 2.K.3 Prorating 2.K.3.1 A premium payment, refund or adjustment resulting from (

a) ICBC issuing an owner's certificate or an additional product certificate for a term of less than 365 days, (

b) a change described in

section 9 (a) (ii) or (

b) of the IVR, a change to add or remove a listed driver, a change to add an unlisted driver protection premium as described in

section 2.C of this Basic Insurance Tariff, or a change to add a non-fleet taxi unlisted driver protection premium as described in

section 2.F.18.1 of this Basic Insurance Tariff or (

c) cancellation of an owner's certificate or an additional product certificate shall be calculated per day in accordance with

Schedule T, except that for a change to add an unlisted driver protection premium or a non-fleet taxi unlisted driver protection premium a minimum premium of $50 applies. 2.K.3.2

Section 15.4 of the IVR applies in respect of a payment, refund or adjustment referred to in subsection 2.K .3.1. 2.K.3.3 (

a) Where, after a discount of premium is made, any premium is payable to or refundable by the corporation in respect of an owner's certificate because of a change described in

section 9 (a) (ii) or (

b) of the IVR, the discount shall be prorated and the amount payable to or refundable by the corporation shall be based on the amount of premium paid or payable for the term of the certificate that remains unexpired, less the proportionate discount for that unexpired term. (

b) Where, during the term of an owner 's certificate, extension insurance or an additional product certificate is issued or changed in respect of the vehicle described in the certificate, the applicable premium shall be prorated for the number of days covered. 2.K.3.4 This

section 2.K.3 does not apply to a temporary operation permit and owner's certificate of insurance (APV-16) referred to in

Section 2.F.1 or with respect to a vehicle rated in vehicle rate class 036. Amended Effective: March 1, 2021 Accepted: _________ _ Order: --------- Commission Secretary: _________ _

2.K.4 Rebates 2.K.4.1 COVID-19 Rebate In this section: Insurance Corporation of British Columbia Basic Insurance Tariff Basic Insurance Premiums Page 38A Effective: March 1, 2021 "COVID-19 rebate period" means the time period beginning on April 1, 2020 and ending on September 30, 2020. "earned premium" means the premium paid for the number of days on which a certificate was in effect during the COVID-19 rebate period. Subject to the IVR and

section 2.K.4.1.1, the COVID-19 rebate is payable with respect to certificates that were in effect for any period of time during the COVID-19 rebate period, to the person named on an owner's certificate or an additional product certificate, or in the case of a vehicle insured under Fleetplan, the fleet operator, and is calculated by multiplying the earned premium by 0.1903. 2. K.4.1.1 No COVI D-19 rebate is payable with respect to the following certificates:

a) Temporary Operation Permit and Owner's Certificate of Insurance (APV16);

b) Owner's Interim Certificate of Insurance (APV38);

c) Combined Non-Resident Commercial Vehicle Permit and Insurance Certificate (APV96);

d) Owner's Certificate of Insurance for Highway Crossing Permit (APV37);

e) Driver's Certificate;

f) Non-fleet Taxi Certificate (APV434) in relation to the Distance-Based portion of the premium;

g) Fleet Reporting Certificate (APV90) - Receipts or Mileage Based (rate class 903 and 904);

h) Fleet Reporting Certificate - Taxis (APV90) (rate class 902) in relation to the Distance Based portion of the premium; and

i) P2P and TNS Blanket Certificates (APV383). Effective: March 1, 2021 Accepted: _________ _ Order: ________ _ Commission Secretary: _________ _ N

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 73/2021
Type	order_in_council
Volume / chapter	arc oic 0073 2021
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6916c7a621b8decdb4142f3bdd4753d7c369d917

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