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Volume 57, No. 20

200/2014

The British Columbia Gazette,

Part II

November 4, 2014

B.C. Reg. 200/2014 , deposited November 4, 2014, under the OFF-ROAD VEHICLE ACT [sections 30 (1) and (2) and 58] and the MOTOR VEHICLE (ALL TERRAIN) ACT [section 7]. Order in Council 611/2014, approved and ordered November 3, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective November 17, 2014,

(

a) sections 1, as it enacts the

definitions of “off-road vehicle” , “officer” , “owner” , “vehicle” and “vehicle identification number” , 2 to 12, 13 (1) (a), 26 (1) (a), (b), (

c) and (i), (2) (

a) and (b), (4), (5) (

a) to (

d) and (6) to (9), 27, 30 (1) and (2) (a), (c), (

e) to (g), (

t) and (u), 35 to 40, 41, as it repeals the definition of “dealer” in

section 1 and sections 2, 3, 6 and 7 (2) (f), (

i) and (

k) of the Motor Vehicle (All Terrain) Act , R.S.B.C. 1996, c. 319, 42 to 49 and 51 to 54 of the Off-Road Vehicle Act , S.B.C. 2014, c. 5, are brought into force,

(

b) the Off-Road Vehicle Regulation set out in the attached Appendix 1 is made, and

(

c) the Snowmobile Regulation, B.C. Reg. 65/72 is amended as set out in the attached Appendix 2.

— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; N. LETNICK, Presiding Member of the Executive Council .

Appendix 1

OFF-ROAD VEHICLE REGULATION

Contents

Definitions

Prescribed classes of vehicles

Refusal to register for failure to pay tax

Removal of number plate on transfer

Transfer by operation of law

Where owner does not have possession or cannot be located

Disposal of number plates

Replacement of certificate of registration

Replacement of number plate

Fees

Schedule

Transition – refund on registration of designated off-road vehicle

Definitions

(1) In this regulation:

“Act” means the Off-Road Vehicle Act ;

“agricultural or industrial vehicle” means a vehicle designed or adapted exclusively for use for an agricultural or industrial purpose and includes a farm tractor, grader, loader, backhoe, skidder, spar or crane;

“all-terrain vehicle” means a vehicle that

(

a) runs on 4 or more wheels or is self-propelled by means of 2 or more endless belts driven in contact with the ground,

(

b) has a seat designed for the driver to sit astride, and

(

c) at the time the vehicle was manufactured, was not designed to conform to the standards prescribed under the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway,

but does not include an agricultural or industrial vehicle;

“motorcycle” means a vehicle that runs on 2 or 3 wheels and is designed to have the driver ride astride the vehicle;

“off-road side-by-side vehicle” means a vehicle that

(

a) runs on 4 or more wheels or is self-propelled by means of 2 or more endless belts driven in contact with the ground,

(

b) does not have a seat designed for the driver to sit astride, and

(

c) at the time the vehicle was manufactured was not designed to conform to the standards prescribed under the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway,

but does not include an agricultural or industrial vehicle;

“snowmobile” means a vehicle that

(

a) is designed for travel on snow or ice,

(

b) has one or more steering skis,

(

c) is self-propelled by means of one or more endless belts driven in contact with the ground, and

(

d) has a seat designed for the driver to sit astride.

(2) In the Act and this regulation, “owner” has the same meaning as in

section 1 of the Motor Vehicle Act .

Prescribed classes of vehicles

2 For the purposes of paragraph (

b) of the definition of “off-road vehicle” in

section 1 of the Act, the following classes of vehicles are prescribed:

(

a) all-terrain vehicles;

(

b) motorcycles;

(

c) off-road side-by-side vehicles;

(

d) snowmobiles.

Refusal to register for failure to pay tax

3 The Insurance Corporation of British Columbia may refuse to register an off-road vehicle under

section 4 (4) of the Act, or to replace or transfer a certificate of registration under

section 8 (6) or 9 (1) of the Act, if any amount owing in respect of the off-road vehicle under the Consumption Tax Rebate and Transition Act ,

section 165 (2), 212.1 or 218.1 or Division IV.1 of

Part IX of the Excise Tax Act (Canada) or the Provincial Sales Tax Act is not paid to the Insurance Corporation of British Columbia.

Removal of number plate on transfer

4 If the title or interest of a person in an off-road vehicle registered with the Insurance Corporation of British Columbia is transferred in the circumstances referred to in

section 8 (1) or (2) of the Act, the person must, before giving up possession of the off-road vehicle, remove the number plate and dispose of it as provided in

section 7 of this regulation.

Transfer by operation of law

(1) In this section, “spouse” means a person who was married to another person at the relevant time or who was living with another person in a marriage-like relationship for a continuous period of at least 2 years immediately before the relevant time.

(2) Despite

section 4,

(

a) if the title or interest of an owner of an off-road vehicle is transferred by operation of law under

section 8 (2) of the Act as a result of the owner’s death, subject to subsection (3) of this section, the owner’s executor, administrator or trustee must remove the number plate and dispose of it as provided in

section 7 of this regulation, or

(

b) if the title or interest of an owner of an off-road vehicle is transferred by operation of law under

section 8 (2) of the Act for any reason other than as a result of the owner’s death, the owner must remove the number plate and dispose of it as provided in

section 7 of this regulation.

(3) If the ownership of the off-road vehicle referred to in subsection (2) (

a) passes to the deceased owner’s spouse, the spouse may, on application in a form satisfactory to the Insurance Corporation of British Columbia and on payment of the fee set out in item 2 of the Schedule, have the off-road vehicle registered in his or her name and retain the number plate on the off-road vehicle.

Where owner does not have possession or cannot be located

(1) If the owner referred to in

section 5 (2) (

b) does not have possession of the off-road vehicle at the time of its transfer by operation of law, the person who has possession of the off-road vehicle must remove the number plate and deliver it to the owner.

(2) The owner must, on receipt of the number plate, dispose of it as provided in

section 7.

(3) As an exception, if the person who has possession of the off-road vehicle is unable to locate the owner of that off-road vehicle within 7 days of the transfer referred to in subsection (1), the person must, at the expiration of the 7 days, deliver the number plate to the Insurance Corporation of British Columbia.

Disposal of number plates

(1) A person who removes a number plate from an off-road vehicle in accordance with

section 4 or 5 (2) (

a) or (

b) or an owner who receives a number plate under

section 6

(

a) must not attach the number plate to or display the number plate on any other off-road vehicle, and

(

b) may retain, destroy or otherwise dispose of the number plate or deliver the number plate to the Insurance Corporation of British Columbia.

(2) If a person who removes a number plate from an off-road vehicle in accordance with

section 4 or an owner who receives a number plate under

section 6

(

a) retains the number plate, and

(

b) applies to register another off-road vehicle with the Insurance Corporation of British Columbia as an owner under

section 4 of the Act or as a transferee under

section 8 of the Act,

the Insurance Corporation of British Columbia may, instead of issuing a new number plate for the other off-road vehicle, record the number plate retained by the person or owner on the certificate of registration issued in respect of the other off-road vehicle.

(3) Despite subsection (1) (a), if the Insurance Corporation of British Columbia, under subsection (2), records the number plate retained by the person or owner on the certificate of registration issued in respect of an off-road vehicle, the owner of the off-road vehicle may attach the number plate to or display the number plate on that off-road vehicle.

Replacement of certificate of registration

(1) The owner of an off-road vehicle may apply for a replacement of a certificate of registration issued under the Act for the off-road vehicle by submitting to the Insurance Corporation of British Columbia

(

a) a written application in a form satisfactory to the Insurance Corporation of British Columbia,

(

b) any information or document required by the Insurance Corporation of British Columbia, and

(

c) the fee set out in item 4 of the Schedule.

(2) On receiving an application and payment of the fee, the Insurance Corporation of British Columbia may issue to the owner a replacement certificate of registration for the off-road vehicle.

Replacement of number plate

(1) If a number plate issued under the Act for an off-road vehicle is lost, stolen, mutilated or destroyed, the owner of the off-road vehicle may apply for a replacement number plate by submitting to the Insurance Corporation of British Columbia

(

a) a written application in a form satisfactory to the Insurance Corporation of British Columbia,

(

b) any information or document required by the Insurance Corporation of British Columbia, and

(

c) the fee set out in item 5 of the Schedule.

(2) On receiving an application and payment of the fee, the Insurance Corporation of British Columbia may issue to the owner a replacement number plate for the off-road vehicle.

Fees

10 The fees set out in the

Schedule are prescribed for the purposes of the Act and this regulation.

Schedule

Item

Column 1

Description

Column 2

Fee Amount

Registration fee for the purposes of

section 4 (2) (

c) and (4) of the Act.

$30

Transfer of ownership fee for the purposes of sections 8 (1) (

b) and (6) and 9 (1) of the Act.

$28

Fee for a number plate issued under

section 4 (4) or 8 (6) of the Act.

$18

Fee for a replacement certificate of registration issued under

section 8 (2) of this regulation.

$18

Fee for a replacement number plate issued under

section 9 (2) of this regulation.

$18

Transition – refund on registration of designated off-road vehicle

11 For the purposes of

section 39 (3) of the Act,

(

a) if the owner of the designated off-road vehicle registered the off-road vehicle under

section 12 or 13 of the Snowmobile Regulation, B.C. Reg. 65/72, before the repeal of those sections, the amount of the refund is $5, and

(

b) in any other case, the amount of the refund is $10.

Appendix 2

Section 1 of the Snowmobile Regulation, B.C. Reg. 65/72, is amended

(

a) in the

definitions of “owner’s certificate” and “owner’s decal” by adding “ before its repeal ” after “ the Act ”, and

(

b) by repealing the

definitions of “rental dealer’s certificate” , “rental dealer’s plate” and “rental snowmobile” .

2 Sections 4, 7, 8 and 11 to 19 and

Schedule 1 are repealed.

Section 5 is amended by striking out “ or the duplicate rental dealer’s certificate, as the case may be, ”.

Section 10 (1) is amended by striking out “ other than a rental snowmobile ”.

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