British Columbia Bill 2 (Government) — 5th Parliament, 41st Session — Previous Version 3

5-41 Gov Bill 2-3

British Columbia — Bills

2020 Legislative Session: 5th Session, 41st 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 14th day of July, 2020

Kate Ryan-Lloyd, Clerk of the Legislative Assembly

HONOURABLE CLAIRE TREVENA

MINISTER OF TRANSPORTATION

AND INFRASTRUCTURE

BILL 2 – 2020

MOTOR VEHICLE AMENDMENT ACT, 2020

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in the definition of "emergency vehicle" by adding the following paragraph:

(

d) a motor vehicle driven by a sheriff, in the discharge of the sheriff's duties under the Sheriff Act , while transporting a person in the lawful custody of a sheriff; .

Section 23 is amended

(

a) in subsection (1) by striking out " designate " and substituting " prescribe ",

(

b) in subsection (1) by adding the following paragraph:

(a.1) a requirement that the holder of the class of licence has successfully completed a training course that is

(

i) approved by the Insurance Corporation of British Columbia, and

(ii) provided by a person or organization authorized by the corporation to provide the training course; , and

(

c) by adding the following subsection:

(2.2) For the purposes of a regulation under subsection (1) (a.1), the Lieutenant

Governor in Council may do one or more of the following:

(

a) exempt a class of persons, or delegate to the Insurance Corporation of British Columbia the power to exempt a class of persons, from the requirement prescribed under subsection (1) (a.1) to have successfully completed a training course;

(

b) delegate to the Insurance Corporation of British Columbia the power to determine whether a training course in another jurisdiction is similar to a training course approved under subsection (1) (a.1);

(

c) confer a discretion on the Insurance Corporation of British Columbia with respect to a matter described in paragraph (

a) or (

b) of this subsection.

3 The following

section is added:

Residency requirement

24.1

(1) In this

section and sections 25, 26.1 (2.3) and 34 (1.1) (b), "resident of British Columbia" means a person

(

a) who is ordinarily resident in British Columbia, or

(

b) who is in a prescribed class of persons.

(2) A person is not eligible to hold a driver's licence issued under this Act unless the person is a resident of British Columbia.

(3) The Insurance Corporation of British Columbia may, at any time, request evidence that a person is a resident of British Columbia for the purposes of this Act or the regulations.

Section 25 is amended

(

a) by repealing subsection (1.1) (

a) and substituting the following:

(

a) the address of the applicant's primary residence in British Columbia unless another address is prescribed by regulation; , and

(

b) by repealing subsection (7) and substituting the following:

(7) The Insurance Corporation of British Columbia must issue or cause to be issued to the applicant a numbered driver's licence, in the form established by the corporation, authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a driver's certificate, if all of the following are met:

(

a) the corporation has received the application and evaluation required under subsection (1), (1.2) or (1.3) of this section, as applicable;

(

b) the corporation is satisfied of the completeness of the application and the truth of the facts stated in the application;

(

c) the corporation is satisfied that the applicant is a resident of British Columbia as defined in

section 24.1 (1);

(

d) all of the prescribed fees and the premium for the driver's certificate have been paid;

(

e) subject to subsections (9) and (9.1) of this section, the corporation is satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category.

Section 26.1 is amended by adding the following subsection:

(2.2) The Insurance Corporation of British Columbia may, with notice, cancel a driver's licence if either of the following applies:

(

a) the licence was issued to a person despite the person not satisfying a requirement for the issuance of that class of licence and the person, after receiving notice, does not satisfy the requirement for the issuance of the licence within a time limit established by the corporation;

(

b) the licence was issued in prescribed circumstances.

Section 26.1 is amended by adding the following subsection:

(2.3) The Insurance Corporation of British Columbia may, with notice, cancel a driver's licence if either of the following applies:

(

a) the corporation requests evidence under

section 24.1 (3) that the person holding the driver's licence is a resident of British Columbia as defined in

section 24.1 (1) and no evidence is provided;

(

b) the corporation is not satisfied that the person is a resident of British Columbia as defined in

section 24.1 (1).

Section 31 is amended by repealing subsection (1) and substituting the following:

(1) If the address of a person who holds a driver's licence issued under this Act is changed from the address stated on the driver's licence, the person must, within 10 days of the change of address,

(

a) notify the Insurance Corporation of British Columbia of the change, stating

(

i) the number of the person's licence,

(ii) the person's former address, and

(iii) the person's new address that meets the requirement under

section 25 (1.1) (a), and

(

b) provide proof satisfactory to the corporation of the person's identity.

Section 34 (1.1) (

b) is repealed and the following substituted:

(

b) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws of the jurisdiction where the person was most recently ordinarily resident, for 90 days after the person becomes a resident of British Columbia as defined in

section 24.1 (1) (a); .

Section 60 is amended

(

a) in subsection (4) by striking out " subsections (5) and (6) " and substituting " subsections (5), (5.1) and (6) ",

(

b) in subsection (5) by striking out " The Insurance Corporation of British Columbia " and substituting " Subject to subsection (5.1), the Insurance Corporation of British Columbia ", and

(

c) by adding the following subsection:

(5.1) If authorized by order of the minister, the Insurance Corporation of British Columbia may extend the term of a driver's licence, on an individual basis or for a class of persons, that expires during

(

a) a state of emergency declared under

section 9 (1) of the Emergency Program Act , or

(

b) a state of local emergency declared under

section 12 (1) of the Emergency Program Act .

Section 94 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A person who is prohibited from driving a motor vehicle under

section 93 may appeal the prohibition to the Supreme Court if,

(

a) in the case of a person who has been personally served with a notice of prohibition, the person files the appeal within 30 days after the date of service, or

(

b) in the case of a person who has not been personally served with a notice of prohibition,

(

i) the person provides the superintendent with a signed document, in a form established by the superintendent, acknowledging that the person has received a notice of prohibition, and

(ii) the person files the appeal within 30 days after the date the person signs the document referred to in subparagraph (i). , and

(

b) by repealing subsection (3) (

b) and substituting the following:

(

b) allow the appeal and order the superintendent to

(

i) revoke the prohibition imposed under

section 93, or

(ii) terminate the prohibition imposed under

section 93 as of the date of the order.

Section 94.5 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) any relevant statements and evidence submitted to the superintendent, , and

(

b) by adding the following subsections:

(4) In a review of a driving prohibition under

section 94.4, the superintendent may, on the superintendent's own initiative, consider any statements, evidence, technical materials and other records and information, that, in the opinion of the superintendent, may assist the superintendent in making a decision.

(5) In subsection (4), "technical materials" means technical, medical or scientific evidence or information and includes

(

a) manuals and training materials,

(

b) summaries of technical, medical or scientific evidence or information that are prepared by the superintendent, and

(

c) documents that are prescribed or in a prescribed class of documents.

12 The following

section is added:

Application of Administrative Tribunals Act to decisions of the superintendent

117.1

Section 57 of the Administrative Tribunals Act applies in respect of an application for judicial review of a decision of the superintendent under this Act.

Section 182.1 (3) is amended by striking out " Insurance Corporation of British Columbia " and substituting " Lieutenant Governor in Council ".

Section 183 is amended

(

a) by repealing subsection (6) (

b) and substituting the following:

(

b) a red reflector; , and

(

b) by repealing subsection (7) and substituting the following:

(7) Despite any other provision of this Act or the regulations, a cycle may be equipped with a flashing red light.

Section 210 (2) (

c) is amended by striking out " firms " and substituting " organizations ".

Section 210 (2) is amended by adding the following paragraphs:

(k.001) respecting classes of persons that are included in the definition of "resident of British Columbia" for the purposes of

section 24.1 (1) (b);

(k.002) respecting addresses for the purposes of

section 25 (1.1) (a); .

Section 210 (2) is amended by adding the following paragraphs:

(k.6) respecting circumstances in which the corporation may cancel a driver's licence for the purposes of

section 26.1 (2.2) (b);

(l.1) prescribing documents or classes of documents for the purposes of the definition of "technical materials" in

section 94.5 (5) (c); .

Section 214.4 is amended

(

a) in paragraph (

a) by adding " or " after " impeding traffic, ",

(

b) in paragraph (

b) by striking out " or " at the end of the paragraph, and

(

c) by repealing paragraph (c).

19 The following

section is added:

Exceptions to prohibition – certain permitted activities by persons with full licence

214.41

(1) Subject to subsection (2) of this section,

section 214.2 does not apply to a person who uses an electronic device that is

(

a) configured and equipped to allow hands-free use in a telephone function,

(

b) used in a hands-free manner, and

(

c) used in accordance with the regulations, if any.

(2) The exception in subsection (1) does not apply to a person operating a motor vehicle under a Class 7 or Class 7L licence.

Section 215.49 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) any relevant statements and evidence submitted to the superintendent, , and

(

b) by repealing subsection (5) and substituting the following:

(5) In a review of a driving prohibition under

section 215.48, the superintendent may, on the superintendent's own initiative, consider any statements, evidence, technical materials and other records and information, that, in the opinion of the superintendent, may assist the superintendent in making a decision.

21 Sections 224 to 229 are repealed.

Section 254 is amended by adding the following subsection:

(2.1) Subsection (2) does not apply if

(

a) the driver was the registered owner of the motor vehicle, and

(

b) there is only one registered owner of the motor vehicle.

Transitional Provisions

Transition – prohibition from driving issued under

section 93 Section 94 of the Motor Vehicle Act , as that

section read immediately before the date

section 10 of this Act comes into force, applies in relation to a driving prohibition under

section 93 of the Motor Vehicle Act for which notice is received before the date

section 10 of this Act comes into force.

Transition – considerations on review of driving prohibition under

section 94.5

Section 94.5 (1) (a), (4) and (5) of the Motor Vehicle Act , as enacted by

section 11 of this Act, does not apply in relation to a review of a driving prohibition under

section 94.4 of the Motor Vehicle Act for which notice under

section 94.1 of that Act is served before the date

section 11 of this Act comes into force.

Transition – superintendent decisions

Section 117.1 of the Motor Vehicle Act , as enacted by

section 12 of this Act, does not apply in relation to a decision of the superintendent under the Motor Vehicle Act made before the date

section 12 of this Act comes into force.

Transition – considerations on review of driving prohibition under

section 215.48

Section 215.49 (1) (

a) and (5) of the Motor Vehicle Act , as enacted by

section 20 of this Act, does not apply in relation to a review of a driving prohibition under

section 215.48 of the Motor Vehicle Act for which notice under

section 215.41 of that Act is served before the date

section 20 of this Act comes into force.

Consequential Amendments

Miscellaneous Statutes Amendment Act (No. 2), 2008

27 Sections 73 (

a) and 77 of the Miscellaneous Statutes Amendment Act (No. 2), 2008, S.B.C. 2008, c. 42, are repealed.

Motor Vehicle Amendment Act, 2015

Section 27 of the Motor Vehicle Amendment Act, 2015, S.B.C. 2015, c. 13, as it amends

section 215.48 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out " written ".

Section 29 is repealed and the following substituted:

Section 215.49 (1) (

a) is repealed and the following substituted:

(

a) any relevant statements and evidence submitted to the superintendent that meet the requirements of the regulations, .

Section 33, as it enacts

section 215.51 (e) (

i) of the Motor Vehicle Act, is amended by striking out " written statements and evidence and their submission " and substituting " statements and evidence, and classes of statements and evidence, and their submission ".

Regulations Act

31 The

Schedule to the Regulations Act, R.S.B.C. 1996, c. 402, is amended by striking out " Regulations of the Insurance Corporation of British Columbia under

section 182.1 (3) of the Motor Vehicle Act . "

Commencement

32 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent