Insurance (Vehicle) Regulation

447/83 O.C. 1897/83 December 1, 1983 January 1, 1984 Insurance (Vehicle) Act Insurance (Vehicle) Regulation [Last amended April 1, 2026 by B.C. Reg. 128/2025] 447_83_pit 1 Interpretation Interpretation 1 1 In this regulation: Act means the Insurance (Vehicle) Act ; actual cash value means the average market price a purchaser would have paid for an insured vehicle or other insured property immediately before loss or damage occurs to the vehicle or other property; additional product certificate means a certificate issued under section 149, 154.2, 154.9 or 154.961; amphibious vehicle means a vehicle that is designed or adapted for operation on both land and water; application , when used in respect of an application to the corporation relating to the plan, means an application in a form established by the corporation and signed by the applicant; bus means a a motor vehicle used i at any time on a highway to carry passengers for compensation from an airport to limited predetermined points or from those points to an airport, ii at any time on a highway exclusively for the conveyance of a person or group of persons to whom or for whose use the vehicle is chartered at a fixed price for the use of the whole vehicle, iii to transport, without direct compensation, passengers who have a connection with the business activities of the owner or borrower of the motor vehicle, iv at any time on a highway over a regular route or between fixed terminating points and on a regular time schedule by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle, and available for use by the public, or v as a school bus or special activity bus as defined in section 1 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, or b a commercial motor vehicle owned, leased or rented by a religious organization and used exclusively for the transportation of passengers for purposes related to the religious activities of the organization; camper means a removable structure designed to be mounted on a motor vehicle to provide facilities for human habitation or camping; combination of vehicles means every combination of a motor vehicle with another vehicle; commercial motor vehicle means a motor vehicle that is registered and licensed as a commercial vehicle under the Commercial Transport Act or Motor Vehicle Act ; commercial use means use of a vehicle for the delivery or carriage of goods; commission means the British Columbia Utilities Commission continued under section 2 of the Utilities Commission Act ; counsellor means a person a who is a member in good standing of an association whose members provide the health care services of clinical or counselling psychology, b who holds a master's degree or doctorate in psychology, psychiatry, social work or clinical or counselling psychology, and c whose health care services of clinical or counselling psychology are overseen by a person who i is a licensee within the meaning of the Health Professions and Occupations Act , or ii is authorized under a similar law of another jurisdiction to practise a health profession; cycle means a cycle as defined in section 1 of the Motor Vehicle Act ; dealer means a dealer as defined in the Motor Vehicle Act ; declared value means the value declared by the owner or lessee of a vehicle to the corporation in a declaration of value; excluded vehicle means excluded vehicle as defined in section 113 of the Act; garage service operator means the operator of a motor vehicle service facility and includes a dealer, service station operator, motor vehicle repairer, auto body shop repairer, wrecker operator and the operator of a vehicle parking or storage facility; gross vehicle weight means gross vehicle weight as defined in the Commercial Transport Act ; household means every person ordinarily residing in the same dwelling unit; implement of husbandry means an implement of husbandry as defined in the Motor Vehicle Act but does not include a farm tractor; kinesiologist means a person a who is a member in good standing of an association whose members provide the health care services of kinesiology, and b whose health care services of kinesiology are overseen by a person who i is a licensee within the meaning of the Health Professions and Occupations Act , or ii is authorized under a similar law of another jurisdiction to practise a health profession; lien holder means a secured party under the Personal Property Security Act , a lien holder under the Commercial Liens Act or any other person claiming an interest in a vehicle if the person has registered a financing statement in the personal property registry; limousine use means use of a motor vehicle for hire with driver on an hourly basis but does not include a hiring with driver of less than one hour; Memorial Grant Program for First Responders means the Memorial Grant Program for First Responders established by the government of Canada; motorcycle means a motorcycle as defined in the Motor Vehicle Act ; MPR blanket certificate means a blanket certificate issued under section 154.961; non-standard motor vehicle means non-standard motor vehicle as defined in section 113 of the Act; number plate means number plate as defined in the Motor Vehicle Act ; occurrence means a single happening or a series of happenings arising from a single event; passenger directed vehicle has the same meaning as in section 1 of the Passenger Transportation Act ; passenger directed vehicle authorization has the same meaning as in section 1 of the Passenger Transportation Act ; physician means the following: a a medical practitioner; b a person who is authorized, by a body in a jurisdiction outside British Columbia that regulates the practice of medicine in that other jurisdiction, to practise medicine; premium-related debt means one or more of the following: a the interest that has accrued on an unpaid premium under section 15.71; b a service charge imposed by the corporation i under section 15.8, or ii for a declaration of entitlement for a new certificate; c Repealed. [B.C. Reg. 114/2024, App. 1, s. 1 (b).] d interest, charges or fees imposed by the corporation for financial assistance given by it in respect of all or part of the premium, or licensing or registration fees; snow vehicle means a snow vehicle as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58; snowmobile means a snowmobile as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58; spouse means a person who is married to another person or who is living in a marriage-like relationship with that other person for at least 2 years immediately preceding the date on which the right to claim benefits or insurance money arose; taxi means a vehicle, other than a bus or a TNS-only vehicle, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the vehicle, and that is available for hire, with driver, by the trip; territory means, in relation to the plan, a region of British Columbia established by the corporation under section 34 (2) (a) of the Act; TNS vehicle means either of the following: a a TNS-only vehicle; b a motor vehicle, other than a taxi with an owner's certificate that has an effective date on or before April 30, 2020, operated as a passenger directed vehicle under a passenger directed vehicle authorization and a transportation network services authorization; TNS-only vehicle means a motor vehicle operated as a passenger directed vehicle under a transportation network services authorization only; transportation network services authorization has the same meaning as in section 1 of the Passenger Transportation Act ; vehicle rate class means, in relation to the plan, a class or subclass of vehicles established by the corporation under section 34 (1) of the Act; vessel means a ship, barge, boat or other description of vessel used or designed to be used in navigation but does not include a rowboat or a raft, logboom or other similar floating facility. 2 In the Act and this regulation, motor vehicle includes a a farm tractor, and b an implement of husbandry that is operated on a highway and is deemed under section 2 (6) of the Motor Vehicle Act to be registered and licensed under that Act. 2.1 The following designated health professions are prescribed for the purposes of paragraph (c) of the definition of "health care practitioner" in section 1 (1) of the Act: a chiropractic; b dentistry; c massage therapy; d occupational therapy; e physical therapy; f psychology; g a designated health profession other than one referred to in paragraphs (a) to (f), but only with respect to the performance, by licensees who practise the designated health profession, of acupuncture or a similar procedure that involves stimulating specific sites on the skin, mucous membranes or subcutaneous tissues by means of needles. 2.2 The following classes of persons are prescribed for the purposes of paragraph (d) of the definition of "health care practitioner" in section 1 (1) of the Act: a counsellors; b kinesiologists; c persons who are authorized, by a body in a jurisdiction outside British Columbia that regulates the practice of medicine in that jurisdiction, to practise medicine. 3 In this regulation a reference to a certificate, policy, endorsement, permit or licence is a reference to a valid and subsisting certificate, policy, endorsement, permit or licence. [am. B.C. Regs. 335/84, s. 1; 379/85, s. 1; 257/86, s. 1; 294/87, s. 1; 408/87, s. 1; 449/88, s. 1; 383/89, s. 1; 448/90, s. 1; 323/91, s. (a); 324/91, s. 1; 319/92, s. 1; 438/92, s. 1; 490/95, s. 1; 491/95, s. 1; 328/97, s. 1; 246/98, s. 1; 441/98, s. 1; 404/99, s. 1; 292/2000, Sch. A, s. 1; 292/2000, Sch. B, s. 1; 263/2001, s. 1; 308/2002, s. 1; 309/2002, s. 1; 33/2005, s. 1; 166/2006, Sch., s. 2; 341/2007, ss. 1 and 2; 385/2012, s. 1; 126/2014, App. 2, s. 1; 234/2018, App. 2, ss. 1 and 2, as am. by B.C. Reg. 60/2019, App. 2, s. 1; 173/2018, s. 1; 161/2019, s. 1; 47/2020, Sch. 1, s. 1; 62/2021, App. 4, ss. 1 and 2; 117/2021, App. 6, s. 1; 248/2023, App., s. 2 (a); 114/2024, App. 1, s. 1; 153/2024, s. 1; 116/2024, App. 3, s. 1; 64/2025, s. 3; 128/2025, ss. 78 and 79.] Universal compulsory vehicle insurance 1.1 The plan provides insurance coverage as follows: a coverage under Parts 10 and 11 of the Act and Parts 6, 7 and 10 of this regulation; b in the case of a garage vehicle certificate, coverage to a garage service operator for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator. [en. B.C. Reg. 166/2006, Sch., s. 3, as am. by B.C. Reg. 46/2007, Sch. 1, s. 1; am. B.C. Reg. 62/2021, App. 4, s. 3.] Application 2 1 Unless otherwise provided in an additional product certificate or in Parts 10 or 11 of the Act, the Act and this regulation do not apply in respect of a a vehicle licensed under section 9 of the Motor Vehicle Act while the vehicle is being operated off a highway, b a vehicle exempted under section 1.01 or 1.02 of the Act whether or not the vehicle is i in combination with an insured vehicle, or ii operated by a person named in a driver's certificate, c a trailer while being drawn otherwise than by vehicle power or human power, d a vehicle being operated by remote control without a driver in the vehicle, e an aircraft except when the aircraft is being drawn as a trailer on a highway, f a vehicle being used in a contest, show or race, or in advanced or performance driver training, if i the activity is held or conducted on a track or other location temporarily or permanently closed to all other vehicle traffic, and ii there exists an element of race or speed test, 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, or h a vehicle that is fitted with wheels of the crawler type, including track conversion kits, rubber track conversion systems and rubber tracked crawlers, while the vehicle is being operated off a highway, except if that vehicle is i licensed under section 10 of the Motor Vehicle Act , or ii a snowmobile or a snow vehicle. 2 In subsection (1) (f), element of race or speed test means driving at high speed, and includes passing maneuvers, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking. [am. B.C. Regs. 335/84, s. 2; 379/85, s. 2; 408/87, s. 2; 324/91, s. 2; 438/92, s. 2; 380/2000, s. 1; 263/2001, s. 2; 298/2002, s. 1; 166/2006, Sch., s. 4; 126/2014, App. 2, s. 2; 62/2021, App. 4, s. 4.] Repealed 2.1 Repealed. [B.C. Reg. 166/2006, Sch., s. 5.] Employment information 2.2 For the purposes of section 29 (b) of the Act, the following information is prescribed: a details of the person's job, including the following: i the job title; ii the job description, including a description of the duties and responsibilities of the job; iii a description of the physical and mental demands of the job; iv the hours of work; v if the person worked shifts, information about the shift; vi the person's working conditions; b the requirements or qualifications required for the person's job, including certifications, education, skills, professional licences, specialized knowledge and work experience; c information about the person's work history, including the following: i the start date in each job with the employer; ii the last day worked in each job with the employer; iii whether the accident occurred in the course of the person's employment; d whether the employer was planning to promote, or change the person's job duties, before the date of the accident; e information about how the accident has affected the person's employment, including how much time the person has been off work due to the accident; f information about the person's return-to-work plan, including the following: i information about the plan for the return to the person's job, including the following: A the timeline for the return to work; B a description of modified duties; C a description of the person's modified work schedule; D a description of the person's modified working conditions; ii information about workplace barriers that might have a negative impact on the return-to-work plan and may result in the need to provide accommodation for the person; iii information about support systems to support the person's return-to-work plan; iv updates on how the person is progressing in the return-to-work plan; g information about the person's eligibility for remuneration, including the following information: i information about other compensation, within the meaning of section 122 of the Act, the person may be entitled to, or is receiving, including the following: A benefits under the Workers Compensation Act ; B paid sick leave; C short-term and long-term disability benefits; D extended health benefits; ii the value of the personal use of a vehicle provided by the employer before the date of the accident; iii the cash value of a profit-sharing plan at the person's employment of which the person is a member; iv the value of the employer's contribution to the person's pension plan lost because of the accident; v the cash value of any other benefit that the person received, or was entitled to receive, in the 52 weeks before the date of the accident; vi information about any additional remuneration provided by the employer; h the person's record of employment within the meaning of section 19 of the Employment Insurance Regulations under the Employment Insurance Act (Canada). [en. B.C. Reg. 62/2021, App. 4, s. 5; am. B.C. Reg. 117/2021, App. 6, s. 2.] 2 Certificates Application for certificate 3 Application for a certificate issued in conjunction with any type or category of licence or number plate may be made to a person appointed as an agent of the corporation for that purpose or authorized in writing by the corporation for the purposes of section 3 of the Motor Vehicle Act . [am. B.C. Regs. 312/96, s. 1; 234/2018, App. 2, s. 4.] Interim owner's certificate 4 1 Pending approval by the corporation of an application for an owner's certificate, the person receiving the application shall, subject to section 15.7 and on payment of the applicable premium and any premium-related debt, issue to the applicant an interim owner's certificate. 2 Subject to subsection (3), an interim owner's certificate issued under this section or section 6 is valid until the owner of the vehicle described in the interim owner's certificate receives an owner's certificate. 3 If the vehicle described in an interim owner's certificate is a leased vehicle that has a lessee, an interim owner's certificate issued under this section or section 6 is valid until the lessee of that vehicle receives an owner's certificate. [am. B.C. Regs. 408/87, s. 3; 383/89, s. 2; 166/2006, Sch., s. 6; 114/2024, App. 1, s. 2; 116/2024, App. 3, s. 2.] Repealed 5 Repealed. [B.C. Reg. 234/2018, App. 2, s. 5.] Renewal of owner's certificate 6 1 An owner or lessee who has received from the corporation an APV-1, APV-1A or APV-2 form or a notice to renew may make application for renewal of an owner's certificate to a person mentioned in section 3. 2 On approval of the application mentioned in subsection (1) and payment to the corporation of the premium set out in the APV-1, APV-1A or APV-2 form or the notice to renew and any premium-related debt, the person to whom the application is made shall issue and validate the owner's certificate. 3 If an owner does not receive an APV-1, APV-1A or APV-2 form or a notice to renew, or the form is lost or destroyed, the owner may make application to a person mentioned in section 3 for an owner's certificate. 3.1 If a lessee does not receive an APV-1, APV-1A or APV-2 form or a notice to renew, or the form is lost or destroyed, the lessee may make application to a person mentioned in section 3 for an owner's certificate. 4 On approval of the application mentioned in subsection (3) or (3.1) and payment to the corporation of the applicable premium and any premium-related debt, the person to whom the application is made shall issue to the applicant an owner's certificate. [am. B.C. Regs. 408/87, s. 5; 449/88, s. 2; 324/91, s. 3; 404/94, s. 1; 166/2006, Sch., s. 8; 114/2024, App. 1, s. 2; 116/2024, App. 3, s. 3.] Interpretation Act 7 Section 25 (3) and (4) of the Interpretation Act does not apply in respect of renewal of a certificate, and a certificate is not in force in the interval between its expiry and renewal. [am. B.C. Regs. 234/2018, App. 2, s. 6; 62/2021, App. 4, s. 6.] Leased vehicles 8 An applicant for an owner's certificate for a leased vehicle that has a lessee must set out in the application form a the name of the owner, followed by the word "lessor", b the name of the lessee of the vehicle, followed by the word "lessee", and c the address in the Province of the lessee of the vehicle. [am. B.C. Regs. 335/84, s. 3; 341/2007, s. 3; 116/2024, App. 3, s. 4.] Mid-term changes 9 1 In this section and section 9.1, the territory in which the vehicle is primarily located when not in use means the territory in which the place where the vehicle is kept when not being driven is located. 1.1 This section does not apply to a leased vehicle that has a lessee named in the owner's certificate. 2 The owner named in an owner's certificate must, a within 10 days after i the owner's address is changed from the address set out in the certificate, or ii the owner acquires a substitute vehicle for the vehicle described in the certificate and the substitute vehicle is not a leased vehicle, or b before i the use of the vehicle described in the certificate is changed to a use to which a different vehicle rate class applies than the vehicle rate class applicable to the use set out in the certificate, ii a vehicle in respect of which the premium is established on the basis of the territory in which a vehicle of that vehicle rate class is used or principally used, as the case may be, is used or principally used in a different territory than that set out in the certificate, or iii a leased vehicle that the owner has acquired as a substitute vehicle for the vehicle described in the certificate is used, report the change of address, vehicle, use or territory to a person referred to in section 3, and pay or be refunded the resulting difference in premium. 3 If the premium for a vehicle is established on the basis of the territory in which the vehicle is primarily located when not in use and that territory as set out in the owner's certificate is changed, the owner named in the certificate must, unless the vehicle is being used by an insured for vacation purposes, report the change to a person referred to in section 3 within 30 days of the change, and pay or be refunded the resulting difference in premium. [en. B.C. Reg. 166/2006, Sch., s. 9, as am. by B.C. Reg. 46/2007, Sch. 1, s. 2; am. B.C. Regs. 234/2018, App. 2, s. 7; 116/2024, App. 3, s. 5.] Mid-term changes — lessee named in owner's certificate 9.1 1 This section applies to a leased vehicle that has a lessee named in the owner's certificate. 2 The lessee named in an owner's certificate must, a within 10 days after the lessee's address is changed from the address set out in the certificate, b before a vehicle that the lessee has acquired as a substitute vehicle for the vehicle described in the certificate is used, c before the use of the vehicle described in the certificate is changed to a use to which a different vehicle rate class applies than the vehicle rate class applicable to the use set out in the certificate, or d before a vehicle in respect of which the premium is established on the basis of the territory in which a vehicle of that vehicle rate class is used or principally used, as the case may be, is used or principally used in a different territory than that set out in the certificate, report the change of address, vehicle, use or territory to a person referred to in section 3, and pay or be refunded the resulting difference in premium. 3 If the premium for a vehicle is established on the basis of the territory in which the vehicle is primarily located when not in use and that territory as set out in the owner's certificate is changed, the lessee named in the certificate must, unless the vehicle is being used by an insured for vacation purposes, report the change to a person referred to in section 3 within 30 days of the change, and pay or be refunded the resulting difference in premium. [en. B.C. Reg. 116/2024, App. 3, s. 6.] Effect of owner's certificate 10 An owner's certificate validated by the corporation evidences that a an insured, as defined in sections 63, 78, 147 and 148.1 of this regulation, has coverage under Part 6, Part 7, section 147 and Division 2 of Part 10 of this regulation respectively, b an insured, as defined in section 113 of the Act, has coverage under Part 10 of the Act, and c an insured, as defined in section 170 of the Act, has coverage under Part 11 of the Act [en. B.C. Reg. 62/2021, App. 4, s. 7, as am. by B.C. Reg. 117/2021, s. (a).] 3 Premiums for Universal Compulsory Vehicle Insurance 1 Interpretation Interpretation 11 1 Repealed. [B.C. Reg. 173/2018, s. 2.] 1.1 This Part applies in respect of universal compulsory vehicle insurance. 2 Repealed. [B.C. Reg. 166/2006, Sch., s. 12 (d).] 3 The effective date of an owner's certificate issued in conjunction with a quarterly licence shall be deemed to be the first day of January, notwithstanding the actual first quarter date of issue of that licence or the date of issue of quarterly licences for the other quarters of the year. [en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 323/91, s. (b); 324/91, s. 5; 438/92, s. 4; 404/94, s. 2; 491/95, s. 2; 263/2001, s. 3; 308/2002, s. 2 (a); 166/2006, Sch., s. 12; 234/2018, App. 2, s. 8; 173/2018, s. 2.] 2 Premiums, Interest and Prior Debt Repealed 12 to 15.1 Repealed. [B.C. Reg. 166/2006, Sch., s. 14.] Interest on refunds 15.2 1 Where the corporation is required to refund a premium and, through no fault of the person entitled to the refund, the corporation fails to pay the refund within 60 days after the day the refund was applied for, the corporation shall add to the amount of the refund interest for the period from the end of the 60 days to the date payment is made. 2 Interest under this section shall be paid at the rate established by the corporation in the rate schedule in effect on the date of the refund. [en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 166/2006, Sch., s. 15.] COVID-19 pandemic rebate 15.21 1 In this section: COVID-19 pandemic has the same meaning as in section 1 of the COVID-19 Related Measures Act ; government directive has the same meaning as in section 3 (4) of Special Direction IC2 to the British Columbia Utilities Commission, B.C. Reg. 307/2004; rebate means a rebate referred to in an application by the corporation to the commission, in accordance with a government directive, for changes to rates in support of a rebate in connection with the COVID-19 pandemic. 2 If the corporation is required to pay a rebate, the corporation is not required to make payment if the amount of the rebate is less than $1. 3 The amount of any rebate must be rounded to the nearest dollar and an amount ending in $.50 must be rounded up to the next dollar. 4 If the corporation is required to pay a rebate and fails to pay the rebate within 6 months after the effective date of changes to rates in support of the rebate under the government directive, the corporation must add to the amount of the rebate interest for the period from the end of the 6 months to the date payment is made. 5 Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made. [en. B.C. Reg. 51/2021, Sch. 1.] Enhanced care rebate 15.22 1 In this section, rebate means a rebate referred to in the corporation's application to the commission in accordance with the government directive dated November 30, 2020, for changes to rates, including a rebate, in connection with the Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020 . 2 If the corporation is required to pay a rebate, the corporation is not required to make payment if the amount of the rebate is less than $1. 3 The amount of any rebate must be rounded to the nearest dollar and an amount ending in $.50 must be rounded up to the next dollar. 4 If the corporation is required to pay a rebate and fails to pay the rebate by November 1, 2021, the corporation must add to the amount of the rebate interest for the period from November 1, 2021 to the date payment is made. 5 Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made. [en. B.C. Reg. 51/2021, Sch. 2.] Relief rebate 15.23 1 In this section, rebate means a rebate referred to in the corporation's application to the commission in accordance with the government directive dated March 24, 2022, for changes to rates in support of a relief rebate. 2 If the corporation is required to pay a rebate and fails to pay the rebate within 6 months after the effective date of changes to rates in support of the rebate under the government directive, the corporation must add to the amount of the rebate interest for the period from the end of the 6 months to the date payment is made. 3 Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made. [en. B.C. Reg. 71/2022.] 2024 rebate 15.24 1 In this section, rebate means a rebate referred to in the corporation's application to the commission in accordance with the government directive dated April 30, 2024, for changes to rates in support of a 2024 rebate. 2 If the corporation is required to pay a rebate and fails to pay the rebate within 6 months after the effective date of changes to rates in support of the rebate under the government directive, the corporation must add to the amount of the rebate interest for the period from the end of the 6 months to the date payment is made. 3 Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made. [en. B.C. Reg. 97/2024.] 2025 rebate 15.25 1 In this section, rebate means a rebate referred to in the corporation's application to the commission in accordance with the government directive dated March 4, 2025, for changes to rates in support of a 2025 rebate. 2 If the corporation is required to pay a rebate and fails to pay the rebate within 6 months after the effective date of changes to rates in support of the rebate under the government directive, the corporation must add to the amount of the rebate interest for the period from the end of the 6 months to the date payment is made. 3 Interest under this section must be paid at the rate referred to in section 15.2 (2) that is in effect on the date payment is made. [en. B.C. Reg. 34/2025.] Repealed 15.3 Repealed. [B.C. Reg. 166/2006, Sch., s. 16.] Rounding of premiums, refunds and discounts 15.4 1 Any premium payable or refundable in respect of an owner's certificate or an additional product certificate shall be added to any fees payable or refundable under the Motor Vehicle Act or Commercial Transport Act in respect of the vehicle described in the owner's certificate or additional product certificate, and, subject to subsection (2), the total shall be the amount payable by or refundable to the person named on the owner's certificate or additional product certificate, but no payment shall be required and no refund shall be made if the rounded total is less than $5. 2 The amount of any premium, refund or discount shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar. [en. B.C. Reg. 383/89, s. 4; am. B.C. Regs. 166/2006, Sch., s. 17; 126/2014, App. 2, s. 3.] Premiums triggered by accidents involving unlisted drivers 15.41 1 The corporation may assess a premium against an applicant to whom an owner's certificate has been issued, in addition to any premium assessed for the certificate before it was issued, if a the vehicle specified in the certificate is involved in an accident while the certificate is valid, and b at the time of the accident, the driver of the vehicle is not named on the certificate as a driver of the vehicle. 2 A premium may be assessed under subsection (1) whether or not the certificate is valid when the premium is assessed. 3 A person against whom a premium is assessed under subsection (1) must pay the amount of the premium by the date specified by the corporation and the amount is a debt due and owing to the corporation on that date. [en. B.C. Reg. 173/2018, s. 3.] Repealed 15.5 and 15.6 Repealed. [B.C. Reg. 166/2006, Sch., s. 16.] Registrant liable for prior debt 15.7 1 In this section, registrant means a person who is registered as the owner of a vehicle, or who is the lessee of a leased vehicle, as the consequence of a vehicle transfer or lease agreement that a is not transacted at arm's length between the registrant and a prior owner or lessee, and b is for the purpose of i assisting the prior owner or lessee to evade paying a debt due and owing to the corporation, or ii permitting the prior owner or lessee to continue to have the benefit or use of the vehicle without paying a debt due and owing to the corporation or without making an arrangement with the corporation for payment of the debt. 2 If a registrant obtains an owner's certificate or an additional product certificate in respect of a vehicle referred to in subsection (1) without having paid all of the unpaid premium owing for, or premium-related debt owing in respect of, a the coverage afforded the prior owner or lessee by an owner's certificate, or b an additional product certificate issued to the prior owner or lessee, an amount equal to the total of the unpaid premium, plus any premium-related debt, is a debt due and owing to the corporation by the registrant. 3 If the registrant does not, within 30 days after the corporation has mailed to the registrant at the registrant's last address, according to the corporation's records, a written demand for payment of the debt referred to in subsection (2) together with a notice of any action the corporation intends to take under this section, pay the debt or make arrangements satisfactory to the corporation for payment of the debt, the corporation may do one or more of the following for so long as any part of the debt remains outstanding: a recover the debt by action in a court of competent jurisdiction; b refuse any further application for insurance by the registrant until the debt is paid; c cancel the owner's certificate or additional product certificate and any other owner's certificate or additional product certificate issued in the registrant's name, whether or not i the full premium was paid for the registrant's owner's certificate or additional product certificate or other owner's certificate or additional product certificate, and ii the debt arises from an owner's certificate or additional product certificate issued for a preceding term; d cancel a driver's certificate issued in the registrant's name; e issue an additional product certificate or an owner's certificate to the registrant with a term of more than 90 days but less than one year. [en. B.C. Reg. 328/97, s. 3; am. B.C. Regs. 166/2006, Sch., s. 18; 341/2007, s. 4; 126/2014, App. 2, s. 4; 173/2018, s. 4; 117/2021, App. 6, s. 3; 114/2024, App. 1, s. 2; 116/2024, App. 3, s. 7.] Interest recovery on unpaid premium 15.71 Without limiting section 15.7 (3), the corporation may recover interest on unpaid premium and premium-related debt. [en. B.C. Reg. 328/97, s. 3; am. B.C. Regs. 166/2006, Sch., s. 19; 114/2024, App. 1, s. 2.] Default in arrangement 15.72 For the purpose of section 41 of the Act, an arrangement mentioned in section 15.7 (3) of this regulation or a similar arrangement made under section 166 (1) (b) of this regulation does not constitute a default in payment of premium, but if any person defaults in respect of a term of the arrangement, section 15.7 (3) applies to the debt in relation to which the arrangement was made. [en. B.C. Reg. 328/97, s. 3.] Liability for unpaid amounts 15.73 The following are jointly and severally liable to the corporation to pay for premium or premium-related debt owing to the corporation in respect of an owner's certificate or an additional product certificate: a each owner of a vehicle for which the owner's certificate or additional product certificate is issued; b each owner and each lessee of a leased vehicle for which the owner's certificate or additional product certificate is issued, regardless of whether the owner or the lessee paid for the insurance. [en. B.C. Reg. 166/2006, Sch., s. 20; am. B.C. Regs. 341/2007, s. 3; 126/2014, App. 2, s. 5; 114/2024, App. 1, s. 2; 116/2024, App. 3, s. 8.] Service charge 15.8 1 The corporation may recover a service charge from a person who makes a payment to it by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment, whether in person or through another savings institution. 2 For the purposes of subsection (1), the production of a cheque, bill of exchange or order to pay on which is marked "pursuant to clearing rules, this item must not be cleared again unless certified", or other words importing that payment was not made by the savings institution, is evidence that payment was not made. [en. B.C. Reg. 383/89, s. 4; am. B.C. Reg. 166/2006, Sch., s. 21.] High-value vehicle charge 15.9 The corporation may set the amount of the charge payable to the corporation for the issue of the classes of certificates respecting coverage for the types of high-value vehicles designated by the corporation for this purpose. [en. B.C. Reg. 289/2016; am. B.C. Reg. 173/2018, s. 5.] Repealed 15.91 Repealed. [B.C. Reg. 114/2024, App. 1, s. 3.] 3 Repealed 16 to 19 Repealed. [B.C. Reg. 173/2018, s. 6.] Repealed 20 to 24 Repealed. [B.C. Reg. 166/2006, Sch., s. 26.] Repealed 25 Repealed. [B.C. Reg. 173/2018, s. 6.] Repealed 26 Repealed. [B.C. Reg. 166/2006, Sch., s. 26.] Repealed 27 to 29 Repealed. [B.C. Reg. 166/2006, Sch., s. 28.] 4 Repealed 30 to 37.1 Repealed. [B.C. Reg. 308/2002, s. 2 (b).] 5 Repealed 38 to 41 Repealed. [B.C. Reg. 166/2006, Sch., s. 28.] 6 Repealed 41.1 to 41.4 Repealed. [B.C. Reg. 292/2000, Sch. B, s. 13.] 4 Driver's Certificates Interpretation 42 In this Part, insured means a a resident named on a driver's certificate other than a person driving a vehicle that is exempted under section 1.01 or 1.02 of the Act, or b for the purpose of payment of insurance money, if the person referred to in paragraph (a) is deceased, the personal representative of that person. [en. B.C. Reg. 62/2021, App. 4, s. 8.] Driver's certificate incorporated in licence 43 1 For the purpose of the Act and this regulation, a a driver's certificate is deemed to be incorporated into every valid and subsisting driver's licence i when the driver's licence is issued, and ii subject to paragraph (a.1), at the beginning of the day following each subsequent anniversary date of the driver's birth, a.1 unless suspended, cancelled or revoked under the Act or this regulation, a driver's certificate is valid and of effect until the earlier of i the date on which the driver's licence expires, and ii the end of the day on the next anniversary date of the driver's birth, b the person named on a driver's licence shall be deemed to be the person named on the driver's certificate, c the signature of the chief executive officer of the corporation on a driver's licence shall be deemed to be the signature of the chief executive officer of the corporation on the driver's certificate deemed to be incorporated in the driver's licence, and d an application for the issue, renewal, replacement or reinstatement of a driver's licence shall be deemed to be an application to the corporation for the issue, renewal, replacement or reinstatement of a driver's certificate. 2 Repealed. [B.C. Reg. 257/86, s. 10.] [am. B.C. Regs. 257/86, s. 10; 312/96, s. 3; 441/98, s. 5; 11/2024.] Repealed 44 to 44.2 Repealed. [B.C. Reg. 166/2006, Sch., s. 30.] Notice of assessment 45 1 If a premium is payable for a driver's certificate, the corporation must mail to the person named in the certificate a notice of assessment of premium for the period specified in the notice. 2 Repealed. [B.C. Reg. 257/86, s. 12.] 3 The total amount set out in the notice of assessment of premium under subsection (1) is payable to the corporation by the person named on the driver's certificate in accordance with that notice. 4 Repealed. [B.C. Reg. 166/2006, Sch., s. 31 (b).] [am. B.C. Regs. 257/86, s. 12; 408/87, s. 15; 491/95, s. 9; 292/2000, Sch. A, s. 5; 166/2006, Sch., s. 31.] Repealed 45.1 and 46 Repealed. [B.C. Reg. 166/2006, Sch., s. 30.] Rounding and prorating of premiums and refunds 47 1 Any premium payable to or refundable by the corporation under this Part shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar, but no premium is payable or refundable if the rounded premium is less than $2. 2 Where the term remaining unexpired in a driver's certificate on the day it is issued is less than one year, the amount of premium payable by the applicant for the certificate is the amount established by the corporation prorated for the number of days remaining unexpired on the day the certificate is issued. [am. B.C. Reg. 166/2006, Sch., s. 32.] Application of other sections 48 Sections 7 and 15.7 apply in respect of a driver's certificate. [am. B.C. Reg. 383/89, s. 7.] Indemnity 49 1 Subject to section 49.1, the corporation must indemnify an insured who is not in default of premium payable under section 45 for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that a arises out of the use or operation by the insured of a vehicle i not owned by the insured or a member of the insured's household, or ii not leased to the insured as a leased vehicle or leased to a member of the insured's household as a leased vehicle, and b occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America unless c the insured is operating the vehicle without the consent of the person who owns, leases or rents the vehicle and does not have reasonable grounds to believe that the insured has the consent of the person who owns, leases or rents the vehicle, d the insured is operating the vehicle in connection with the business of a garage service operator, e the vehicle is owned, leased as a leased vehicle or regularly operated by the insured, f the vehicle is used for commercial use, f.1 subject to subsection (1.1), the vehicle is used for carrying passengers for compensation or hire, g the vehicle is in fact not licensed under the Motor Vehicle Act , the Commercial Transport Act or similar legislation of another jurisdiction and the insured does not have reasonable grounds to believe the vehicle is licensed, or h the insured is operating an all terrain vehicle licensed under section 24.04 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations. 1.1 In respect of a TNS-only vehicle operated under a transportation network services authorization, the corporation's exemption under subsection (1) (f.1) applies only if injury or death of another, or loss or damage to property of another, arises out of the operation of the TNS-only vehicle when a the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and b the insured is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers. 2 Sections 70 to 76 apply in respect of indemnity under this section. [en. B.C. Reg. 257/86, s. 13; am. B.C. Regs. 408/87, s. 16; 383/89, s. 8; 324/91, s. 13; 166/2006, Sch., s. 33, as am. by B.C. Reg. 46/2007, Sch. 1, s. 4; 341/2007, s. 5; 161/2019, s. 2; 48/2020, s. 1; 117/2021, App. 6, s. 4; 116/2024, App. 3, s. 9.] Limit of liability 49.1 1 Subject to sections 18 (4) and 77 (1) of the Act, where an insured is liable for injury or death of another or loss or damage to property of another, the liability of the corporation to the insured for payment of indemnity under section 49 in respect of all claims against the insured arising out of the same occurrence is limited to the applicable amount set out in section 1 (1.1) of Schedule 3. 2 Repealed. [B.C. Reg. 166/2006, Sch. 34 (b).] 3 In addition to the amount by which liability is limited under subsection (1), the corporation shall reimburse the insured for the payments and pay the costs referred to in section 69 that are within the limit set out in section 1 (1.1) of Schedule 3. [en. B.C. Reg. 257/86, s. 1; am. B.C. Reg. 166/2006, Sch., s. 34.] Priority of claims 49.2 For the purpose of payment of indemnity under section 49, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under section 49.1 and, subject to section 77 (1) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under section 49.1. [en. B.C. Reg. 257/86, s. 13; am. B.C. Reg. 166/2006, Sch., s. 35.] Other coverage 49.3 1 In addition to indemnity under section 49, a driver's certificate evidences that an insured who is not in default of premium payable under section 45 has a coverage under Part 7, and b Repealed. [B.C. Reg. 117/2021, App. 6, s. 5.] c coverage under Division 2 of Part 10. 2 Repealed. [B.C. Reg. 379/93, s. 3.] [am. B.C. Regs. 379/93, s. 3; 166/2006, Sch., s. 36; 117/2021, App. 6, s. 5.] Other insurance 50 1 If a driver's certificate and an owner's certificate or vehicle liability policy evidence third party liability insurance coverage for the same occurrence, the third party liability insurance coverage evidenced by the owner's certificate or vehicle liability policy is primary insurance. 2 Third party liability insurance coverage evidenced by a driver's certificate is available only to the extent of the amount by which the limit of liability specified in respect of the driver's certificate exceeds the total of the amounts specified in an owner's certificate or vehicle liability policy. [en. B.C. Reg. 166/2006, Sch., s. 37, as am. by B.C. Reg. 46/2007, Sch. 1, s. 5.] Repealed 51 Repealed. [B.C. Reg. 166/2006, Sch., s. 38.] 5 Conditions of Certificate Substitute vehicles 52 Where an owner of a vehicle described in an owner's certificate a acquires, during the term of the owner's certificate, another vehicle in substitution for the described vehicle, b transfers title to or interest in the described vehicle, and c removes the number plates from the described vehicle, in accordance with section 3.05 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, and displays them on the substitute vehicle, the coverage evidenced by the owner's certificate applies in respect of the substitute vehicle for a period of 10 days from the day the owner acquires the substitute vehicle. [am. B.C. Regs. 335/84, s. 14; 166/2006, Sch., s. 40.] Leased vehicle coverage 53 1 An owner's certificate issued to an applicant who has complied with section 8 evidences coverage under Parts 6 and 7 and Division 1 of Part 10 for a a sublessee of the lessee named in the owner's certificate, and the sublessee's household, b the driver assigned by the sublessee to operate the leased vehicle and that driver's household, and c every person operating the vehicle with the sublessee's consent. 2 Repealed. [B.C. Reg. 116/2024, App. 3, s. 10 (d).] [am. B.C. Regs. 438/92, s. 6; 452/2003, s. 2; 166/2006, Sch., s. 41; 341/2007, ss. 3 and 6; 116/2024, App. 3, s. 10.] Extension of coverage on seizure 54 If a person acting under the authority of a lien holder takes possession of a vehicle under the lien holder's right of repossession, the coverage in force in respect of the vehicle at the time it was repossessed is extended to and continues in force for the benefit of that person, the lien holder, the owner and the lessee named in the owner's certificate, if the person acting under the authority of the lien holder a moves the vehicle immediately and as directly as reasonably possible to the nearest safe place of storage, and b at the place of storage immediately removes the number plates from the vehicle and delivers them to the corporation or to the owner or, in the case of a leased vehicle, to the lessee. [am. B.C. Regs. 312/96, s. 1; 62/2021, App. 4, s. 9; 116/2024, App. 3, s. 11.] Repealed 54.1 Repealed. [B.C. Reg. 166/2006, Sch., s. 42.] Breach of conditions 55 1 In this section, insured means an insured as defined in section 42, 63, 65, 78 or 148.1 (1) and includes an insured under an additional product certificate or a fleet reporting certificate issued under section 168. 1.1 The corporation is not liable to an insured who breaches a condition of this section or is deemed under subsection (7.1) or (8) to have breached a condition of section 49 and Part 6.

2 An insured must not operate a vehicle for which coverage is provided under section 49 or Part 6 contrary to the statements contained in the application for insurance for the vehicle, including, but not limited to a the use declared in the application for insurance for the vehicle, b a statement relating to the time during which, and the territories in which, the vehicle may be operated, and c a statement relating to the kind of goods or number of passengers that may be carried in or on the vehicle. 2.1 Repealed. [B.C. Reg. 166/2006, Sch., s. 43 (c).] 3 An insured must not operate a vehicle for which coverage is provided under section 49 or 49.3 (1) (a) and (c), Part 6 or 7, or Division 2 of Part 10 a if the insured is not authorized and not qualified by law to operate the vehicle, b for an illicit or prohibited trade or transportation, c to escape or avoid arrest or other similar police action, or d in a race or speed test. 3.1 An insured does not breach a condition of subsection (3) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on the insured's driver's licence by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations. 4 An insured must not operate a motor vehicle for which coverage is provided under section 49 or Part 6 if there is attached to the motor vehicle a trailer that is required to be registered and licensed under the Motor Vehicle Act or Commercial Transport Act and is not so registered and licensed. 5 An insured named in a certificate or additional product certificate must not permit the vehicle described in the certificate or additional product certificate to be operated by a person or for a purpose that breaches a condition of this section or Part 6. 5.1 An insured must not operate a vehicle, in circumstances in which coverage under Part 6 is provided by a blanket certificate, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in a a breach of a condition of the blanket certificate, b the invalidity of a claim under the blanket certificate, or c the forfeiture of a right under the blanket certificate. 5.2 An insured named in an owner's certificate issued in respect of a vehicle must not permit the vehicle to be operated, in circumstances in which coverage under Part 6 is provided by a blanket certificate, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in a breach, the invalidity of a claim or the forfeiture of a right referred to subsection (5.1). 6 Repealed. [B.C. Reg. 166/2006, Sch., s. 43 (c).] 7 Use of a vehicle does not contravene subsection (2) if the premium paid for the vehicle rate class applicable to the use set out in the application for insurance is greater than or equal to the premium established by the corporation for the vehicle rate class applicable to the use to which the vehicle is put. 7.1 An insured is deemed to have breached a condition of section 49 and Part 6 if the injury, death, loss or damage in respect of which the insured's claim is made is caused by or results from an intentional act of violence committed by the insured by means of a vehicle unless the insured is a mentally disordered person at the time of the act. 8 An insured is deemed to have breached a condition of section 49 and Part 6 if a the insured is operating a vehicle while the insured is under the influence of intoxicating liquor or a drug or other intoxicating substance to such an extent that the insured is incapable of proper control of the vehicle, b the insured is convicted of i a motor vehicle related Criminal Code offence, ii an offence under section 95 or 102 of the Motor Vehicle Act , or iii an offence under a provision of the law of another jurisdiction in Canada or a jurisdiction of the United States of America that is similar to a provision referred to in subparagraph (i) or (ii), or c the insured is convicted of an offence committed before December 18, 2018 i under section 253 (1) (b) of the Criminal Code , or ii Repealed. [B.C. Reg. 62/2021, App. 4, s. 11 (c).] iii under a provision of the law of a jurisdiction of the United States of America that is similar to a provision referred to in subparagraph (i), and the accident in respect of which the insured's claim is made occurred during the insured's commission of the offence and while the insured was operating a vehicle. d Repealed. [B.C. Reg. 62/2021, App. 4, s. 11 (f).] 9 In subsection (8): convicted includes being a found guilty under the Youth Criminal Justice Act (Canada) of contravening i a provision referred to in the definition of "motor vehicle related Criminal Code offence", or ii in the case of a contravention occurring before December 18, 2018, a provision referred to in subsection (8) (c) (i), and b convicted or subject to a similar result in a jurisdiction of the United States of America under a law similar to the Youth Criminal Justice Act (Canada) for contravening a provision of the law of that jurisdiction referred to in subsection (8) (b) (iii) or (c) (iii); motor vehicle related Criminal Code offence means any of the following offences that an insured commits while operating or having care or control of a vehicle or by means of a vehicle: a an offence under section 220 or 221 of the Criminal Code ; b an offence committed before December 18, 2018 under any of the following provisions of the Criminal Code : i section 249; ii section 252; iii section 253 (1) (a); iii.1 section 254 (5); iv section 255 (2); v section 255 (3); vi section 259 (4); c an offence committed on or after December 18, 2018 under any of the following provisions of the Criminal Code : i section 235; ii section 236; iii section 239 (1); iv section 320.13 (1); v section 320.13 (2); vi section 320.13 (3); vii section 320.14 (1) (a); viii section 320.14 (1) (b); ix section 320.14 (1) (c); x section 320.14 (1) (d); xi section 320.14 (2); xii section 320.14 (3); xiii section 320.15 (1); xix section 320.15 (2); xx section 320.15 (3); xxi section 320.16 (1); xxii section 320.16 (2); xxiii section 320.16 (3); xxiv section 320.18 (1). [am. B.C. Regs. 335/84, s. 15; 379/85, ss. 26 and 27; 257/86, s. 16; 408/87, s. 17; 449/88, s. 8; 383/89, s. 9; 70/90; 448/90, s. 10; 324/91, s. 16; 491/95, s. 10; 347/96, s. 1; 257/98; 441/98, s. 6; 380/2000, s. 2; 263/2001, s. 5; 309/2002, ss. 3 and 4; 354/2003, s. (a); 166/2006, Sch., s. 43; 3/2010, s. (a); 126/2014, App. 2, s. 7; 253/2018, s. 1; 161/2019, s. 3; 62/2021, App. 4, ss. 10 to 12; 117/2021, App. 6, s. 6; 304/2021, s. (b); 114/2024, App. 1, s. 4.] Exclusion 56 1 The corporation is not liable a under Part 4, 6, 7 or 10 in respect of injury, death, loss or damage arising, directly or indirectly, out of radioactive, toxic, explosive or other hazardous properties of nuclear substances within the meaning of the Nuclear Safety and Control Act (Canada), b under section 20 or 24 of the Act or section 49.3, Part 7 or Part 10 in respect of injury, death, loss or damage arising, directly or indirectly out of a declared or undeclared war or insurrection, rebellion or revolution, or c under section 20 or 24 of the Act or section 49, 49.3 (1) (b), Part 6 or Part 10 in respect of punitive or exemplary damages or other similar non-compensatory damages. 2 Subsection (1) (a) does not apply to the carriage of radioisotopes that are a packaged and labelled in accordance with the Transportation of Dangerous Goods Act (Canada), and b to be used for medical treatment, research, photography, x-ray or other similar purposes using radioisotopes. [am. B.C. Regs. 335/84, s. 16; 257/86, s. 17; 449/88, s. 9; 383/89, s. 10; 324/91, s. 17; 491/95, s. 10; 347/96, s. 2; 263/2001, s. 6; 298/2002, s. 2; 166/2006, Sch., s. 44; 62/2021, App. 4, s. 13.] Additional product certificate 56.1 A reference in this Part to Part 6, 7 or 10 of this regulation or Part 10 or 11 of the Act includes coverage under those Parts that is evidenced by an additional product certificate or by a fleet reporting certificate issued under section 168 of this regulation. [en. B.C. Reg. 62/2021, App. 4, s. 14.] Garage exclusion 57 1 If a vehicle that is owned or leased as a leased vehicle by a customer of a garage service operator is in the care, custody or control of the garage service operator or an employee of the garage service operator for a purpose relating to the business of a garage service, no coverage is provided under Part 6 or 7 of this regulation or Part 10 or 11 of the Act to the garage service operator or the employee under the owner's certificate issued in respect of the customer's vehicle. 2 This section does not operate to exclude a a garage service operator or an employee of the garage service operator from coverage under an owner's certificate issued in respect of a vehicle that i the garage service operator or employee owns or leases as a leased vehicle, and ii is in the care, custody or control of the garage service operator or employee for a purpose relating to the business of the garage service operator, or b a customer of a garage service operator from coverage under an owner's certificate issued to the customer, if the garage service operator i is not insured, or is insufficiently insured, under a garage vehicle certificate, and ii is liable for an accident for which the owner's certificate would, except for subsection (1), provide coverage. [am. B.C. Regs. 449/88, s. 1; 441/98, s. 7; 166/2006, Sch., s. 24; 46/2007, Sch. 2, s. 16; 62/2021, App. 4, s. 15; 117/2021, App. 6, s. 7; 116/2024, App. 3, s. 12.] Repealed 58 Repealed. [B.C. Reg. 166/2006, Sch., s. 46.] Repealed 58.1 Repealed. [B.C. Reg. 114/2024, App. 1, s. 5.] Waiver of term or condition 59 1 Where the corporation waives a condition of section 55 that is related to rating a vehicle to determine premium, it may as a condition of insurance require the insured in whose favour the waiver is exercised to pay an amount equal to the difference between the premium paid and the premium that would have been payable if the vehicle had been correctly rated. 2 Repealed. [B.C. Reg. 166/2006, Sch., s. 48.] [am. B.C. Reg. 166/2006, Sch., s. 48.] Ex gratia payments 60 Where the corporation considers that payment of a doubtful or disputed claim is in the interest of the corporation and of the better administration of the Act, the regulations or the plan, the corporation may authorize an ex gratia payment to be made. Extraprovincial undertakings 61 1 An owner or operator of an extraprovincial undertaking who elects to give proof of financial responsibility in respect of a vehicle under section 106 (2) (b) of the Motor Vehicle Act shall be deemed to have so elected in respect of every vehicle that is owned or leased as a leased vehicle by the extraprovincial undertaking. 2 If the owner or operator of an extraprovincial undertaking obtains duplicate coverage by insuring a vehicle under an owner's certificate and under vehicle insurance issued by an insurer authorized for that purpose under the Financial Institutions Act or under a similar law of another jurisdiction, the coverage provided by that vehicle insurance is primary insurance and the owner's certificate continues to provide insurance a in respect of third party liability insurance coverage only to the extent that the amount by which liability is limited under the owner's certificate exceeds the amount by which liability is limited under the vehicle insurance, and b in respect of accident benefits coverage only to the extent that the benefits payable under the owner's certificate exceed the benefits payable under the vehicle insurance, but any coverage under the owner's certificate except the coverages described in paragraphs (a) and (b) is void. 3 Repealed. [B.C. Reg. 452/2003, s. 3.] [am. B.C. Regs. 324/91, s. 19; 452/2003, s. 3; 166/2006, Sch., s. 49; 341/2007, s. 8; 116/2024, App. 3, s. 13.] Repealed 62 Repealed. [B.C. Reg. 470/99, s. 1.] Other insurance 62.1 1 This section applies to an accident occurring on or after May 1, 2021. 2 If benefits are provided and evidenced by a an owner's certificate issued in respect of a vehicle of which an individual who sustains bodily injury caused by a vehicle i is an operator or occupant, or ii is not an operator or occupant of a vehicle and is struck by A the vehicle, or B something other than a vehicle because of the vehicle, and b an owner's certificate issued in respect of a vehicle not involved in the accident, the benefits described in paragraph (a) are primary and the benefits described in paragraph (b) are available only to the extent that the amount of those benefits exceeds the amount of the benefits described in paragraph (a). 3 If benefits are provided and evidenced by more than one owner's certificate issued in respect of vehicles other than the vehicle involved in the accident, benefits are provided only under the owner's certificate that provides the greatest amount of benefits and if the amounts are equal, the corporation may determine which owner's certificate applies. 4 If an insured is also insured under vehicle insurance that provides compensation similar to benefits under Part 10 of the Act or that provides similar benefits or insurance under similar legislation of another jurisdiction, then, a if the accident occurs in British Columbia, the vehicle insurance issued in respect of a vehicle of which the insured is i an operator or occupant, or ii not an operator or occupant of a vehicle and is struck by A the vehicle, or B something other than a vehicle because of the vehicle, is primary, and benefits or compensation similar to benefits under Part 10 of the Act or similar benefits or insurance under similar legislation of another jurisdiction is available only to the extent that the amount that it provides exceeds the amount provided by the vehicle insurance issued in respect of the vehicle, or b if the accident occurs outside British Columbia but otherwise within the area described in section 118 of the Act, the liability of the corporation for payment of benefits must be determined as if the provisions of the legislation of that jurisdiction respecting terms, conditions and priorities of vehicle insurance applied in respect of benefits. [en. B.C. Reg. 117/2021, App. 6, s. 8.] Exclusion from certificate coverage 62.2 A certificate does not evidence coverage under Part 10 of the Act in relation to the following: a a non-standard motor vehicle, if the accident does not occur on the portion of the highway on which the vehicle is authorized to be operated; b a trailer that is not an excluded vehicle, if the accident occurs off-highway; c an excluded vehicle, if the accident does not occur on the portion of the highway on which the vehicle is authorized to be operated. [en. B.C. Reg. 117/2021, App. 6, s. 8.] 6 Third Party Liability Insurance Coverage Interpretation 63 In this Part, insured means a a person named as an owner in an owner's certificate, b an individual who, with the consent of the owner or while a member of the owner's household, uses or operates the vehicle described in the owner's certificate, c if the owner is deceased, the personal representative of the owner or a person having, with the consent of the personal representative, custody of the vehicle until the grant of letters probate or of administration to the personal representative, d if the owner is not an individual, i an officer, employee or partner of the owner for whose regular use the vehicle described in the owner's certificate is provided, or ii a member of the household of an officer, employee or partner of the owner, who, with the consent of the owner, uses or operates the vehicle described in the owner's certificate, e a person named as a lessee in an owner's certificate, f an individual who, with the consent of the lessee or while a member of the lessee's household, uses or operates the vehicle described in the owner's certificate, g if the lessee is deceased, the personal representative of the lessee or a person having, with the consent of the personal representative, custody of the vehicle until the grant of letters probate or of administration to the personal representative, and h if the lessee is not an individual, i an officer, employee or partner of the lessee for whose regular use the vehicle described in the owner's certificate is provided, or ii a member of the household of an officer, employee or partner of the lessee, who, with the consent of the lessee, uses or operates the vehicle described in the owner's certificate. [am. B.C. Regs. 380/2000, s. 3; 166/2006, Sch., s. 51; 116/2024, App. 3, s. 14.] Indemnity 64 Subject to this Part, the corporation must indemnify an insured for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that a arises out of the use or operation by the insured of a vehicle described in an owner's certificate, and b occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America. [am. B.C. Regs. 328/97, s. 5; 62/2021, App. 4, s. 16.] Repealed 64.1 Repealed. [B.C. Reg. 292/2000, Sch. A, s. 7.] Extension of indemnity 65 1 In this section, insured means a a person named as an owner in an owner's certificate, b a member of the owner's household, c an employee or partner of the owner for whose regular use the vehicle described in the owner's certificate is provided, d the spouse of an employee or partner described in paragraph (c) if the spouse resides with the employee or partner, e a person named as a lessee in an owner's certificate, f a member of the lessee's household, g an employee or partner of the lessee for whose regular use the vehicle described in the owner's certificate is provided, and h the spouse of an employee or partner described in paragraph (g) if the spouse resides with the employee or partner. 2 Subject to section 77, indemnity under this Part is extended to an insured operating a motor vehicle not described in an owner's certificate issued to the insured, unless a the insured is operating the motor vehicle in connection with the business of a garage service operator, b the motor vehicle is owned, leased as a leased vehicle or regularly operated by an insured, c the motor vehicle is used for commercial use, c.1 subject to subsection (2.1), the motor vehicle is used for carrying passengers for compensation or hire, d the motor vehicle is in fact not licensed under the Motor Vehicle Act , the Commercial Transport Act or similar legislation of another jurisdiction and the insured does not have reasonable grounds to believe the motor vehicle is licensed, e the motor vehicle is exempted under section 1.01 or 1.02 of the Act, or f the insured is operating the motor vehicle without the consent of the person who owns, leases or rents the motor vehicle and does not have reasonable grounds to believe that the insured has the consent of the person who owns, leases or rents the motor vehicle. 2.1 In respect of a TNS-only vehicle operated under a transportation network services authorization, the corporation's exemption under subsection (2) (c.1) applies only if injury or death of another, or loss or damage to property of another, arises out of the operation of the TNS-only vehicle when a the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and b the insured is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers. 3 Where more than one owner's certificate evidences third party liability insurance coverage of an insured under this section, the insured shall be compensated only under the certificate that provides the higher or highest limit of third party liability insurance coverage, and, if the limits are equal, the corporation may determine the certificate that applies. [am. B.C. Regs. 379/85, s. 28; 408/87, s. 20; 449/88, s. 11; 383/89, s. 11; 166/2006, Sch., s. 52; 161/2019, s. 4; 48/2020, s. 2; 62/2021, App. 4, s. 17; 117/2021, App. 6, s. 9; 116/2024, App. 3, s. 15.] Extension of indemnity to passenger 66 Indemnity under this Part is extended to a passenger in a vehicle described in an owner's certificate who, by operating any part of the vehicle while the vehicle is being operated by an insured, causes a injury or death to a person who is not an occupant of the vehicle, or b loss or damage to property that is not carried in or on the vehicle or in the care, custody or control of the insured. Limit of liability 67 1 Subject to sections 18 (4) and 77 (1) of the Act, where an insured is liable for injury or death of another or loss or damage to property of another, the liability of the corporation to the insured for payment of indemnity under this Part in respect of all claims against the insured arising out of the same occurrence is limited to the applicable amount set out in section 1 of Schedule 3. 2 Repealed. [B.C. Reg. 166/2006, Sch., s. 53.] [am. B.C. Regs. 257/86, s. 19; 166/2006, Sch., s. 53.] Limit of liability — loans and advance payments 67.1 For the purposes of section 83 (1) (c) of the Act, the prescribed circumstance is that a a person has a claim for damages respecting a loss or expense similar to a loss or expense covered by benefits under Part 7 of this regulation, b the person receives a loan or an advance payment in relation to the loss or expense, and c the person must repay the loan or advance payment, in full or in part, if the person receives or is entitled to receive an award of damages, or enters into a settlement, in relation to the claim. [en. B.C. Reg. 234/2018, App. 1; am. B.C. Reg. 62/2021, App. 4, s. 18.] Prescribed circumstance 67.2 For the purposes of section 83 (1) (f) of the Act, the prescribed circumstance is the payment of an amount under the Memorial Grant Program for First Responders. [en. B.C. Reg. 117/2021, App. 6, s. 10.] Priority of claims 68 1 For the purpose of payment of indemnity under this Part, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under section 67 and, subject to section 77 (1) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under section 67. 2 For the purpose of the payment of claims under section 20 or 24 of the Act for accidents occurring before May 1, 2021, claims arising out of injury or death have proportionately the same priority over claims arising from loss or damage to property as is provided in subsection (1). [am. B.C. Regs. 166/2006, Sch., s. 54; 62/2021, App. 4, s. 19.] Additional payments 69 In addition to the amount by which liability is limited under section 67, the corporation shall a reimburse an insured for reasonable payments for emergency medical aid necessary to a person injured as the result of an accident for which indemnity is payable under this Part, if reimbursement is not provided to the insured under another Part or by another insurer, b pay costs incurred for fire extinguishers, jacks or other necessary emergency equipment or supplies provided to the insured, c pay that proportion of the costs taxed against an insured in an action respecting a claim under this Part that i the amount offered by the corporation as its total liability for indemnity to the insured under this Part in an offer to settle served in accordance with the Supreme Court Civil Rules bears to ii the aggregate of all special and general damages awarded in respect of the occurrence for which the claim is made, d pay i prejudgment interest under the Court Order Interest Act or similar legislation of another jurisdiction, and ii post-judgment interest under the Interest Act (Canada) or similar legislation of another jurisdiction on that part of the judgment that is within the applicable limit set out in section 1 of Schedule 3, and e if indemnity is provided to the insured under this Part and by one or more optional insurance contracts provided by an insurer other than the corporation, contribute to the payment of expenses, costs and reimbursements for which provision is made under section 172 in accordance with that other insurer's and the corporation's respective liabilities for i damages awarded against the insured, or ii the amount payable under a settlement made on behalf of the insured. [am. B.C. Regs. 404/94, s. 11; 347/96, s. 3; 380/2000, s. 4; 166/2006, Sch., s. 55, as am. by B.C. Reg. 46/2007, Sch. 1, s. 6; 156/2010, s. (a).] Combination of vehicles 70 1 Where an accident involves a combination of vehicles, a the corporation is not liable for more than the amount set out in the owner's certificate issued in respect of the motor vehicle providing the motive power when the accident occurs. b Repealed. [B.C. Reg. 166/2006, Sch., s. 56 (b).] 1.1 Notwithstanding subsection (1) (a), where a the accident involving a combination of vehicles arises directly out of the use or operation of a trailer, and b the amount by which the liability of the corporation is limited in the owner's certificate for the trailer exceeds the amount by which its liability is limited in the owner's certificate for the vehicle providing the motive power when the accident occurs, the third party liability insurance coverage evidenced by the owner's certificate for the trailer is available to the person named in that certificate, but only c to the extent of the amount by which the limit of liability under the owner's certificate for the trailer exceeds the limit of liability under the owner's certificate for the vehicle providing the motive power, and d so long as the trailer is not i owned or leased as a leased vehicle by the person who also owns or leases as a leased vehicle the vehicle providing the motive power, ii owned or leased as a leased vehicle by a member of the same household as the person who owns or leases as a leased vehicle the vehicle providing the motive power, or iii part of the same fleet, or deemed to be part of the same fleet, as the vehicle providing the motive power. 2 The corporation shall not indemnify the owner or lessee, named in the owner's certificate, of a vehicle that is operated as part of a combination of vehicles for liability to the person who owns, leases as a leased vehicle or drives another vehicle in the combination of vehicles. [am. B.C. Regs. 379/85, s. 29; 257/86, s. 20; 166/2006, Sch., s. 56; 341/2007, s. 9; 116/2024, App. 3, s. 16.] Trailers 71 Where an owner's certificate is issued in conjunction with a trailer licence for a motor vehicle that is capable of being operated under its own power, the corporation is not liable to indemnify the insured under that certificate if the vehicle is operated otherwise than as a trailer. [am. B.C. Reg. 114/2024, App. 1, s. 6.] Restrictions on indemnity — attached equipment 72 1 In this section, attached equipment means machinery, apparatus or equipment that is a mounted on or attached to a vehicle, and b not required for the safe operation of the vehicle on a highway. 2 The corporation shall not indemnify an insured for liability imposed by law for injury, death, loss or damage arising, directly or indirectly, out of the operation of attached equipment at a site where the attached equipment is being operated, unless the attached equipment a is used for snow or ice removal from a highway or for sweeping, cleaning, sanding or grading streets, b is a side or rear mounted power-operated platform, c is attached to a vehicle used for pleasure purposes, d is attached to a vehicle used as a wrecker, dump truck or fork-lift, d.1 is attached to a vehicle used as a garbage truck, but only if the injury, death, loss or damage did not arise, directly or indirectly, out of the operation of a crane attached to the vehicle, e is attached to a vehicle used as a front-end loader or backhoe, or f is attached to a vehicle used as a mower. 3 Notwithstanding subsection (2) (e), the corporation shall not indemnify an insured for liability imposed by law for loss or damage to an underground installation or resulting from loss or damage to an underground installation if the loss or damage occurs during excavation. [en. B.C. Reg. 438/92, s. 8; am. B.C. Regs. 379/93, s. 4; 298/2002, s. 3.] Restrictions on indemnity 72.1 1 The corporation must not indemnify an insured under this Part in respect of any of the following: a a general or special assessment, penalty or premium payable under the Workers Compensation Act or a similar law of another jurisdiction; b liability imposed on an insured that arises out of the use or operation of an excluded vehicle or a non-standard motor vehicle when the use or operation does not occur on the portion of a highway on which the vehicle is authorized to be operated, unless a garage vehicle certificate provides coverage in respect of the insured's vehicle and the use or operation occurs off highway and while the vehicle is in the care, custody or control of a garage service operator in the course of the garage service operator's business activities and role as garage service operator; c liability imposed on an insured by law in respect of the exceptions in section 116 (2) (f) and (g) of the Act; d an amount recoverable from an insured under section 168 or 178 of the Act. 1.1 Except to the extent provided under section 1 (5) (a) or (b) of Schedule 3, the corporation must not indemnify an insured under this Part in respect of loss or damage to any of the following: a property carried in or on a vehicle described in an owner's certificate; b property owned, leased or rented by an insured; c property in the care, custody or control of an insured. 2 Where a claim is payable or has been paid, forfeited or denied under Part 7, the corporation must deduct the amount of the claim from any amount payable under this Part in respect of the same occurrence. 3) and (4 Repealed. [B.C. Reg. 166/2006, Sch., s. 57.] [en. B.C. Reg. 438/92, s. 8; am. B.C. Regs. 166/2006, Sch., s. 57; 161/2019, s. 5; 62/2021, App. 4, s. 20; 96/2022, Sch. 1; 116/2024, App. 3, s. 17.] Duties of insured 73 1 An insured must a promptly give the corporation written notice, with all available particulars, of i any accident involving death, injury, damage or loss in which the insured or a vehicle owned, leased, rented or operated by the insured has been involved, ii any claim made in respect of the accident, and iii any other insurance held by the insured providing coverage for the accident, b on receipt of a claim, legal document or correspondence relating to a claim, immediately send the corporation a copy of the claim, document or correspondence, c cooperate with the corporation in the investigation, settlement or defence of a claim or action, d except at the insured's own cost, assume no liability and settle no claim, and e allow the corporation to inspect an insured vehicle or its equipment or both at any reasonable time. 2 The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section. [am. B.C. Regs. 117/2021, App. 6, s. 11; 116/2024, App. 3, s. 18.] Duties of corporation 74 On receipt of notice of a claim for damages brought against an insured for which indemnity is provided under this Part and subject to an act or omission by the insured entitling the corporation to raise any question as to whether or not the insured is entitled to indemnity, the corporation, at its expense, shall a assist the insured by investigating and negotiating a settlement, where in the corporation's opinion its assistance is necessary, and b subject to an application and directions given by the court under section 79 of the Act, defend in the name of the insured any action for damages brought against the insured. [am. B.C. Regs. 438/92, s. 9; 166/2006, Sch., s. 58.] Rights of corporation 74.1 Subject to section 79 of the Act, on assuming the defence of an action for damages brought against an insured, the corporation shall have exclusive conduct and control of the defence of the action and, without limiting the generality of the foregoing, the corporation shall be entitled to a appoint and instruct counsel to defend the action, b admit liability, in whole or in part, on behalf of the insured, c participate in any non-judicial process which has as its goal the resolution of a claim, and d compromise or settle the action. [en. B.C. Reg. 438/92, s. 10; am. B.C. Reg. 166/2006, Sch., s. 59.] Appointment of attorney 75 Subject to section 79 of the Act, the corporation may act as and is deemed to be the duly appointed attorney of an insured to appear and defend the insured in an action brought against the insured in another province of Canada or in the United States of America in respect of injury, death, loss or damage arising out of the ownership, use or operation of a vehicle. [am. B.C. Regs. 166/2006, Sch., s. 60; 117/2021, App. 6, s. 12.] Limitation 76 No person shall commence an action to enforce a right under this Part, except within the limitation period fixed by the Limitation Act . Other insurance 77 1 Subject to section 150.1, if a insurance coverage is provided under this Part or Division 1 of Part 10 and evidenced by an owner's certificate in respect of a vehicle involved in an accident, and b insurance coverage is also provided under this Part or Division 1 of Part 10 and evidenced by a certificate in respect of a vehicle not involved in the accident, the insurance coverage in respect of the vehicle involved in the accident is primary insurance and subject to subsection (2), the insurance coverage in respect of the vehicle not involved in the accident applies only to the extent that the amount by which liability is limited under that certificate exceeds the amount by which liability is limited under the owner's certificate in respect of the vehicle involved in the accident. 2 Insurance coverage provided by a certificate issued in respect of a vehicle other than the vehicle involved in an accident does not apply if, when the accident occurs, the other vehicle a is owned or leased as a leased vehicle by the person who also owns or leases as a leased vehicle the vehicle involved in the accident, a.1 is owned or leased as a leased vehicle by a member of the same household as the person who owns or leases as a leased vehicle the vehicle involved in the accident, or b is part of the same fleet, or deemed to be part of the same fleet, as the vehicle involved in the accident. 3 If an insured is also insured under vehicle insurance providing insurance of the kind referred to in the definition of "owner's policy" or "non-owner's policy" in section 57.1 of the Act, or providing similar insurance under similar legislation of another jurisdiction, the liability of the corporation to provide indemnity under this Part must be determined, a if a claim is made in respect of an accident that occurs in the Province, as if section 179 applied in respect of coverage provided under this Part, and b if a claim is made in respect of an accident that occurs in another jurisdiction, as if the provisions of the legislation of that jurisdiction respecting terms, conditions and priorities of vehicle insurance applied in respect of coverage provided under this Part. [am. B.C. Regs. 383/89, s. 12; 324/91, s. 20; 166/2006, Sch., s. 61; 341/2007, s. 10; 116/2024, App. 3, s. 19.] 7 Accident Benefits Interpretation 78 In this Part: employed person means a person a who, on the date of an accident for which a claim is made, is employed or actively engaged in an occupation for wages or profit, or b who i Repealed. [B.C. Reg. 257/86, s. 21.] ii for any 6 months during the period of 12 months immediately preceding the date of an accident for which a claim is made is employed or actively engaged in an occupation for wages or profit; homemaker means the member of a household who, without payment, does the majority of the housekeeping for the household; insured means a a person named as an owner in an owner's certificate, b Repealed. [B.C. Reg. 257/86, s. 21.] c a member of the household of a person named in an owner's certificate, c.1 an insured as defined in section 42 who is not in default of premium payable under section 45, c.2 a member of the household of an insured described in paragraph (c.1), d an occupant of a vehicle that i is licensed in the Province and is not exempted under section 1.01 or 1.02 of the Act, or ii is not required to be licensed in the Province, but is operated by a person named in a driver's certificate, e a cyclist or pedestrian who collides with a vehicle described in an owner's certificate, or f a resident of the Province who is entitled to bring an action for injury or death under section 20 or 24 of the Act, and includes the personal representative of a deceased insured; parent means the person entitled to claim a child as a dependant under the Income Tax Act of the Province; rehabilitation team means a team of individuals, including representation from the rehabilitation staff of the corporation, established a to determine the appropriate group residence for an insured, b to determine the care needs of an insured under section 88 (2) (c), and c to evaluate any aspect of the funding, development of treatment, or rehabilitation plan for an insured; supported child means any of the following: a a person under 19 years of age for whose support an insured is legally liable and who is dependent on the insured for financial support; b a person 19 years of age or older who resides with an insured and receives most of the person's financial support from the insured because of a mental or physical disability; c a child of an insured who is born after the death of the insured and survives for at least 60 days after birth; supported parent means a surviving parent, including a surviving spouse of a parent, of an insured who, at the date of an accident for which a claim is made, resides with the insured and receives most of the supported parent's financial support from the insured; supported person means a a supported child, or b a supported parent. [am. B.C. Regs. 335/84, s. 18; 257/86, s. 21; 408/87, s. 21; 383/89, s. 13; 379/93, s. 5; 491/95, s. 12; 246/98, s. 3; 166/2006, Sch., s. 62; 420/2008, App., s. 7; 421/2008, App., s. 8; 423/2008, App., s. 8; 60/2019, App. 1, s. 1; 234/2018, App. 2, s. 9; 62/2021, App. 4, s. 21.] Application of Part 78.01 This Part applies to accidents that occur before May 1, 2021. [en. B.C. Reg. 62/2021, App. 4, s. 22.] Coverage and benefits 79 1 Subject to subsection (2) and sections 80 to 88, 90, 92, 100, 101 and 104, the corporation shall pay benefits to an insured in respect of death or injury caused by an accident that occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America. 2 Where an accident occurs in the United States or on a vessel travelling between Canada and the United States, no benefits are payable under this Part to a a cyclist, or b a pedestrian unless the cyclist or pedestrian is named in an owner's certificate or a driver's certificate or is a member of the household of a person named in an owner's certificate or a driver's certificate. [am. B.C. Regs. 335/84, s. 19; 379/85, s. 31; 257/86, s. 22; 328/97, s. 6; 234/2018, App. 2, s. 10.] Disability benefits for employed persons 80 1 Where, within 20 days after an accident for which benefits are provided under this Part, an injury sustained in the accident totally disables an insured who is an employed person from engaging in employment or an occupation for which the insured is reasonably suited by education, training or experience, the corporation shall, subject to section 85, pay to the insured for the duration of the total disability or 104 weeks, whichever is shorter, the lesser of the amounts determined under paragraphs (a) and (b): a the applicable amount of disability benefits set out in section 2 of Schedule 3; b in respect of an accident that occurred i before January 1, 1987, an amount per week calculated by taking 75% of the insured's gross earnings for the 12 month period immediately preceding the accident, dividing by 52 and multiplying that amount by the weekly benefit multiplier in Column B of Table 1 of Schedule 3 opposite the year of the accident in Column A, ii on or after January 1, 1987 but before January 1, 1991, an amount per week calculated by taking 75% of the insured's gross earnings for the 12 month period immediately preceding the accident, dividing by the number of weeks and fractions of weeks actually worked during that period and multiplying that amount by the weekly benefit multiplier in Column B of Table 1 of Schedule 3 opposite the year of the accident in Column A, or iii on or after January 1, 1991 an amount per week calculated by taking 75% of the insured's gross earnings for the 12 month period immediately preceding the accident and dividing by the number of weeks and fractions of weeks actually worked during that period. 2 Where disability benefits are payable to an insured for a period of less than one week, the amount payable for each day shall be determined by dividing the amount payable weekly by the number of days the insured regularly works in a week. [en. B.C. Reg. 438/92, s. 12.] Deduction of other benefits 81 1 In this section: other disability compensation means compensation similar to benefits a paid or payable under vehicle insurance, wherever issued and in effect, b paid or payable under a policy of accident, sickness or life insurance purchased by a group or individual, or c paid by an employer; weekly net lost earnings means the amount by which the disability benefits payable to an insured as calculated under section 80 (1) (b) exceed the weekly gross total of payments to the insured of all other disability compensation. 2 Where an employed person is injured in an accident for which disability benefits are payable under section 80 and some or all of the insured's lost earnings arising from the accident are payable as other disability compensation, the corporation shall not pay any disability benefits to the insured under that section unless the weekly gross total of other disability compensation payable to the insured is less than 75% of the weekly gross lost earnings of the insured, in which case the corporation shall pay to the insured the lesser of a the amount of disability benefits payable under section 80, or b the weekly net lost earnings of the insured. [am. B.C. Regs. 448/90, s. 13; 491/95, s. 13; 166/2006, Sch., s. 63.] Employment during total disability 81.1 1 If an insured who is entitled to disability benefits under section 80 becomes capable of engaging in employment or an occupation but, because of injuries suffered in the accident is incapable of earning an amount that exceeds 125% of the disability benefits determined under sections 80 and 81, the insured may keep earnings from that employment or occupation, without deduction from disability benefits, in an amount that does not exceed 25% of those disability benefits, but any amounts earned in excess of 25% of the disability benefits will be deducted from the disability benefits payable by the corporation. 2 No disability benefit is payable under section 80 if the application of subsection (1) would result in a payment of less than $5 a week. [en. B.C. Reg. 491/95, s. 14.] Payments under Workers Compensation Act 82 1 If an insured who is a worker to whom the Workers Compensation Act or a similar law of another jurisdiction applies is injured or killed in the course of the insured's employment, the corporation is not liable to pay benefits under this Part for the injury or death, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, the insured's spouse or the insured's personal representative under the Workers Compensation Act or similar law of another jurisdiction for the same injury or death. 2 Subsection (1) applies even if the insured, the insured's spouse or the insured's personal representative has elected not to claim or has forfeited the insured's claim under the Workers Compensation Act or other similar law for the injury or death. [en. B.C. Reg. 117/2021, App. 6, s. 13.] Unemployment benefits 83 1 If an insured who is also an insured person under the Employment Insurance Act (Canada) is injured, the corporation is not liable to pay benefits under this Part for the injury, except to the extent that the amount of any benefit payable under this Part exceeds the amount that would be payable to the insured, the insured's spouse or the insured's personal representative under the Employment Insurance Act (Canada) for the same injury. 2 Subsection (1) applies even if the insured, the insured's spouse or the insured's personal representative has elected not to claim or has forfeited the insured's claim under the Employment Insurance Act (Canada) for the injury. [en. B.C. Reg. 117/2021, App. 6, s. 13.] Disability benefits for homemakers 84 1 Subject to section 85 and subsection (2) of this section, where, within 20 days after an accident for which benefits are provided under this Part, an injury sustained in the accident substantially and continuously disables an insured who is a homemaker from regularly performing most of the insured's household tasks, the corporation shall compensate the insured for the period of the disability or 104 consecutive weeks, whichever is shorter, for reasonable expenses incurred by the insured to hire a person to perform the household tasks on the insured's behalf, subject to a maximum amount per week as set out in section 2 of Schedule 3. 2 No compensation is payable under this section in respect of household tasks performed by a member of the insured's family. [en. B.C. Reg. 449/88, s. 13; am. B.C. Reg. 438/92, s. 13.] Waiting period 85 1 No disability benefits are payable under section 80 or 84 unless the insured is disabled for a period of more than 7 days. 2 If the insured is disabled for more than 7 days, no disability benefit is payable by the corporation for the first 7 days after the disability commenced. [am. B.C. Reg. 438/92, s. 14.] Disability beyond 104 weeks 86 1 If an injury for which disability benefits are being paid to an insured under section 80 or 84 continues, at the end of the 104 week period, to disable the insured as described in the applicable section, the corporation must, subject to subsections (1.1) and (2) and sections 87 to 90, continue to pay the applicable amount of disability benefits to an insured described in section 80 or 84 a for the duration of the disability, or b until the insured reaches 65 years of age, whichever is the shorter period. 1.1 Subsection (1) does not apply to an insured who, at the end of the 104 week period, has reached 65 years of age. 2 If benefits are payable under the Canada Pension Plan or the Quebec Pension Plan to an insured during the period and in respect of a disability for which benefits are payable to the insured under this section, the amount payable each month under this section must be reduced by an amount not exceeding the amount of the first regular monthly benefit cheque received by the insured under the Canada Pension Plan or the Quebec Pension Plan after the insured becomes eligible for benefits under this section.

2.1 The amount deducted under subsection (2) must continue to be deducted even if the amount payable to the insured under the Canada Pension Plan or the Quebec Pension Plan is increased during the time the insured remains eligible for benefits under this section. 2.2 If the amount payable to an insured under the Canada Pension Plan or the Quebec Pension Plan decreases, the benefits payable under this section must be increased accordingly. 3 Repealed. [B.C. Reg. 324/91, s. 21.] 4 If an insured is receiving other disability payments as defined in section 81 and under the terms of the contract for payment of those other disability payments the payments are reduced by any amount received under the Canada Pension Plan or the Quebec Pension Plan , the reduction of disability payments under subsection (2) must be prorated. 5 If an insured who is an employed person returns to work but, because of injuries suffered in the accident, is incapable of earning the amount of the insured's present disability benefits, the corporation will pay the difference between the insured's disability benefits and the amount the insured is presently earning through the insured's employment. [am. B.C. Regs. 335/84, s. 20; 448/90, s. 14; 324/91, s. 21; 404/94, s. 12; 117/2021, App. 6, s. 14.] Review of benefits 87 Any benefits payable under section 80, 84 or 86 may be reviewed every 12 months and terminated by the corporation on the advice of the corporation's medical advisor. [am. B.C. Reg. 234/2018, App. 2, s. 11.] Medical or rehabilitation benefits 88 0.1 In this section: British Columbia consumer price index means the annual average All-items Consumer Price Index for British Columbia, as published by Statistics Canada under the authority of the Statistics Act (Canada); fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. 1 If an insured is injured in an accident for which benefits are provided under this Part, the corporation must, subject to this section, pay as benefits all reasonable expenses incurred by the insured as a result of the injury for necessary a health care services listed in Column A of Table 1, Table 2 or Table 3, as applicable, of Schedule 3.1 and provided by the applicable health care practitioner, b occupational therapy provided by an occupational therapist, and c medical, surgical, dental, hospital, ambulance and professional nursing services, speech therapy, medication, prostheses and orthoses. 1.01 For the purposes of subsection (1) (a), a treatment a that is in addition to the number of treatments listed in Column D of Table 1 or Table 2, as applicable, of Schedule 3.1 corresponding to that health care service, or b that is provided more than 12 weeks after the date of the accident is not a necessary health care service unless the corporation's medical advisor or the insured's physician certifies to the corporation in writing that, in the opinion of the medical advisor or physician, the treatment is necessary for the insured. 1.1 Repealed. [B.C. Reg. 383/89, s. 14.] 1.2 Subject to subsection (1.3), the benefits paid under subsection (1) must not, a for each health care service referred to in subsection (1) (a), exceed the fee limit set out in Column B or C, as applicable, of Table 1 or Table 2, as applicable, of Schedule 3.1 corresponding to that health care service, b for occupational therapy, exceed the fee limit of $145 per hour, and c for each health care service referred to in subsection (1) (a) that is provided by a physician, exceed the fee limit set out in Column B of Table 2 of Schedule 3.1. 1.3 For the fiscal year beginning on April 1, 2020, and for each fiscal year after that, each fee limit referred to in subsection (1.2) must be determined annually by multiplying a the fee limit amount for the immediately preceding fiscal year, and b the sum of i 1, and ii the annual percentage change in the British Columbia consumer price index, as determined under subsection (1.5) and rounded to the nearest 1/10 of a percentage point. 1.4 Despite subsection (1.3) (b) (ii), if the annual percentage change as determined under subsection (1.5) a is a negative number, the annual percentage change is zero, or b is greater than 6%, the annual percentage change is 6%. 1.5 The annual percentage change referred to in subsection (1.3) (b) (ii) must be calculated using the following formula: APC = CPI1 − CPI2 CPI2 where APC = the annual percentage change in the British Columbia consumer price index; CPI1 = the sum of the 12 individual monthly British Columbia consumer price indexes for the consecutive 12 month period ending on December 31 of the fiscal year immediately preceding the fiscal year for which the fee limit is being determined; CPI2 = the sum of the 12 individual monthly British Columbia consumer price indexes for the consecutive 12 month period immediately preceding the 12 month period referred to in the description of CPI1. 1.6 The fee limit amount determined under subsection (1.3) must be rounded to the nearest dollar and an amount ending in .50 must be rounded up to the next dollar. 2 Where, in the opinion of the corporation's medical advisor, provision of any one or more of the following is likely to promote the rehabilitation of an insured who is injured in an accident for which benefits are provided under this Part, the corporation may provide any one or more of the following: a funds to the insured once during the lifetime of the insured for the acquisition by the insured of one motor vehicle equipped as necessary and appropriate to its use or operation by the insured, the choice of make or model of vehicle to be in the sole discretion of the corporation; b funds to the insured once during the lifetime of the insured for alterations to the insured's residence that are necessary to make the residence accessible to and usable by the insured, the style and cost of the alterations to be in the sole discretion of the corporation and the alterations to be limited to necessary ramps, a necessary lift, necessary bathroom alterations and, where the insured is a homemaker or a person who lives alone, necessary kitchen alterations; c reimbursement to the insured for the costs of attendant care, other than care provided by a member of the insured's family, where the insured has returned to and is residing in the community but is not capable of performing some or all of the tasks necessary to sustain an independent lifestyle, the amount of the reimbursement to be limited to the lesser of i the monthly cost of a group residence, including a long term care facility, that would be appropriate to the care needs of the insured as determined by the rehabilitation team, and ii the monthly cost of attendant care required by the insured as a result of injuries from the accident, the level and type of which will be determined by the rehabilitation team based on the level of care provided by Home Community Care services under the Continuing Care Act ; d reimbursement to the insured for costs incurred from time to time by the insured for the purchase and reasonable repair, adjustment or replacement of one or more of the following items: i a wheelchair; ii a medically prescribed bed for other than hospital use; iii bowel and bladder equipment; iv aids for communication, dressing, eating, grooming and hygiene; v transfer equipment; vi a ventilator; d.1 reimbursement to the insured for costs incurred from time to time by the insured for the purchase of health care supplies or of health care services not referred to in subsection (1), not exceeding the amount set out in section 3 (3) of Schedule 3; e funds to the insured for vocational or other training that i is consistent with the insured's pre-injury occupation and post-injury skills and abilities, and ii may return the insured as nearly as practicable to the insured's pre-injury status or improve the post-injury earning capacity and level of independence of the insured; f funds for any other costs the corporation in its sole discretion agrees to pay. 3 Before incurring an expense or obligation under subsection (2) for which the insured intends to request payment by the corporation, the insured shall obtain written approval from the corporation and the corporation may, before giving its approval, require the insured to submit such information as it considers necessary to assist it in making a decision. 4 The corporation is not liable to insure, repair, replace or maintain a motor vehicle acquired by an insured under subsection (2) (a). 4.1 For the purposes of subsection (4), the cost of maintenance includes operating costs. 5 The amount by which the liability of the corporation under this section is limited is the amount set out in section 3 of Schedule 3. 6 The corporation is not liable for any expenses paid or payable to or recoverable by the insured under a medical, surgical, dental or hospital plan or law, or paid or payable by another insurer, except expenses referred to in subsection (1) (a) and (b). 7 The maximum amount payable by the corporation under this section for health care services, except for the health care services listed in Column A of Table 1, Table 2 or Table 3 of Schedule 3.1, is the amount set out in a payment schedule for that service established by the Medical Services Commission under section 26 of the Medicare Protection Act , as that schedule is amended from time to time, for that service. 8 Repealed. [B.C. Reg. 234/2018, App. 2, s. 12 (j).] [am. B.C. Regs. 335/84, s. 21; 379/85, s. 33; 449/88, s. 14; 383/89, s. 14; 438/92, s. 15; 491/95, s. 15; 166/2006, Sch., s. 64; 4/2010, s. 3; 60/2019, App. 1, s. 2; 234/2018, App. 2, s. 12, as am. by B.C. Reg. 60/2019, App. 2, ss. 2 and 3; 62/2021, App. 4, s. 23; 117/2021, App. 6, s. 15; 54/2025, Sch. C, s. 1.] Requirement for receipts 88.01 1 If an accident occurs for which benefits are provided under section 88, the insured must provide to the corporation a receipt for the expenses incurred that will be compensated as benefits under that section no later than 60 days from the date that those expenses are incurred. 2 The corporation is not liable to an insured who, without reasonable excuse, fails to comply with this section. [en. B.C. Reg. 60/2019, App. 1, s. 3.] Arbitration 89 For the purpose of section 88 (1), any dispute between the corporation and an insured as to whether or not an expense is reasonable, shall be submitted to arbitration under the Arbitration Act . [am. B.C. Regs. 449/88, s. 15; 62/2021, App. 4, s. 24.] Power to terminate benefits for refusal to undergo treatment or training 90 1 If, in the opinion of the corporation's medical advisor or vocational advisor and in the opinion of the physician attending an insured who is receiving benefits under section 80, 84, 86 or 88, a any medical, surgical or other similar treatment is likely to relieve in whole or part the disability of the insured, or b a retraining or educational program is likely to assist in the rehabilitation of the insured, the corporation may require the insured, at the expense of the corporation, to undergo treatment or complete the program. 2 Subject to subsection (3), where an insured refuses to comply with a requirement under this section, the corporation may, after giving the insured at least 60 days' notice in writing, by registered mail, postage prepaid, addressed to the insured at the insured's last address according to the corporation's records, terminate payment of benefits under section 80, 84, 86 or 88. 3 The insured may, within the period of 60 days mentioned in subsection (2), apply to a judge of the Supreme Court for an injunction against terminating the benefits on grounds that a the treatment the insured is required to undergo i is unlikely to relieve the insured's disability, or ii may injuriously affect the balance of the health of the insured, or b the program the insured is required to complete is not likely to assist in the rehabilitation of the insured. [am. B.C. Regs. 335/84, s. 22; 234/2018, App. 2, s. 13; 62/2021, App. 4, s. 25; 117/2021, App. 6, s. 16.] Funeral expenses 91 Where the death of an insured is caused by an accident described in section 79, the corporation shall, subject to section 88 (6), promptly reimburse for burial and funeral expenses not exceeding the amount set out in section 4 of Schedule 3. Death benefits 92 1 The corporation must pay, if the death of an insured is caused by an accident for which benefits are provided under this Part, a death benefit as follows: a if the deceased insured is survived by one spouse and no supported persons, a single lump sum amount of $30 000 payable to the spouse; b if the deceased insured is survived by one spouse and one or more supported persons, i a single lump sum amount of $30 000 payable to the spouse, and ii a single lump sum amount of $6 000 payable to each supported person; c if the deceased insured is survived by more than one spouse and no supported persons, i a total amount of $30 000 divided equally among the spouses and payable to each spouse, and ii a single lump sum amount of $6 000 payable to each spouse; d if the deceased insured is survived by more than one spouse and one or more supported persons, i a total amount of $30 000 divided equally among the spouses and payable to each spouse, and ii a single lump sum amount of $6 000 payable to each spouse and to each supported person; e if the deceased insured is survived by no spouse and one supported person, a single lump sum amount of $30 000 payable to the supported person; f if the deceased insured is survived by no spouse and more than one supported person, i a total amount of $30 000 divided equally among the supported persons and payable to each supported person, and ii a single lump sum amount of $6 000 payable to each supported person. 2 The corporation must pay a death benefit as set out in subsection (3) or (4), as applicable, if a the death of an insured is caused by an accident for which benefits are provided under this Part, and b the deceased insured is a deceased supported child within the meaning of subsection (8). 3 If the deceased insured is survived by one parent a who was legally liable to financially support the deceased insured and on whom the deceased insured was dependent, or b with whom the deceased insured resided at the time of death and from whom the deceased insured received most of the insured's financial support because of a mental or physical disability, the corporation must pay a death benefit in a single lump sum amount of $3 000 to the surviving parent. 4 If the deceased insured is survived by more than one parent a who was legally liable to financially support the deceased insured and on whom the deceased insured was dependent, or b with whom the deceased insured resided at the time of death and from whom the deceased insured received most of the insured's financial support because of a mental or physical disability, the corporation must pay a death benefit in a total amount of $3 000 divided equally among the surviving parents and payable to each surviving parent. 5 If a the death of an insured is caused by an accident for which benefits are provided under this Part, b the deceased insured is a deceased supported parent within the meaning of subsection (9), and c the deceased insured is survived by a child with whom the deceased insured, at the time of death, resided and who provided most of the deceased insured's financial support, the corporation must pay a death benefit in a single lump sum amount of $3 000 to the surviving child. 6 Any benefits payable under this section to a supported child of a deceased insured must be paid in accordance with section 92 of the Act. 7 An entitlement to benefits payable under this section must be determined as of the date of the death of the insured. 8 For the purposes of subsection (2), deceased supported child means any of the following: a a deceased insured who, at the time of death, was under 19 years of age and for whose support a parent was legally liable and who was dependent on the parent for financial support; b a deceased insured who, at the time of death, was 19 years of age or older, resided with a parent and received most of the insured's financial support from the parent because of a mental or physical disability. 9 For the purposes of subsection (5), a deceased supported parent means a deceased insured who was a parent who, at the time of death, resided with a child and received most of the insured's financial support from the child. [en. B.C. Reg. 234/2018, App. 2, s. 14; am. B.C. Reg. 62/2021, App. 4, ss. 26 and 27.] Repealed 93 and 94 Repealed. [B.C. Reg. 234/2018, App. 2, s. 14.] Sixty day rule and common disaster 95 1 Any benefits payable under section 92 must be paid only to a person who survives the deceased insured by at least 60 days. 2 Repealed. [B.C. Reg. 234/2018, App. 2, s. 15 (b).] 3 The corporation may, in its sole discretion, waive the 60 day survival requirement under subsection (1). [am. B.C. Regs. 448/90, s. 15; 234/2018, App. 2, s. 15.] Restriction on benefits 96 The corporation is not liable to pay benefits under this Part in respect of the injury or death of a person a who is not a resident and, at the time of the accident, is the occupant of a vehicle not described in an owner's certificate, b who, 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 the occupant of a vehicle exempted under section 1.01 or 1.02 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate, or iii the 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 occupant had reasonable grounds to believe that the vehicle was licensed, c who commits suicide or attempts to commit suicide, d Repealed. [B.C. Reg. 449/88, s. 17.] e who is the occupant of a vehicle that, at the time of the accident, is being used for an illicit or prohibited trade or transport, or f whose injury or death is caused, directly or indirectly, by sickness or disease, unless the sickness or disease was contracted as a direct result of an accident for which benefits are provided under this Part. [am. B.C. Regs. 379/85, ss. 36 and 37; 449/88, s. 17; 62/2021, App. 4, s. 28.] Notice of claim 97 1 If an accident occurs for which benefits are provided under this Part, the insured must a promptly give the corporation notice of the accident, b not later than 30 days from the date of the accident, mail to the corporation by registered mail, or deliver to the nearest claims centre of the corporation, a written report on the accident with particulars of the circumstances in which the accident occurred and the consequences of the accident, and c within 90 days from the date of the accident provide the corporation with a proof of claim in a form authorized by the corporation. 2 The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section. [am. B.C. Reg. 60/2019, App. 1, s. 4.] Repealed 97.1 Repealed. [B.C. Reg. 166/2006, Sch., s. 65.] Medical certificates 98 1 An insured must, on request of the corporation, promptly provide a certificate or report of an attending health care practitioner as to the nature and extent of the insured's injury, and the treatment, current condition and prognosis of the injury. 1.1 The certificate or report required by subsection (1) must be provided to the corporation a in any form specified by the corporation including, without limitation, narrative form, and b in any format specified by the corporation including, without limitation, oral and written formats. 2 The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section. [am. B.C. Regs. 408/87, s. 23; 491/95, s. 16; 60/2019, App. 1, s. 5; 234/2018, App. 2, s. 16; 62/2021, App. 4, s. 29.] Medical examination 99 1 An insured who makes a claim under this Part must allow a health care practitioner selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires. 2 The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section. [am. B.C. Regs. 408/87, s. 24; 491/95, s. 17; 234/2018, App. 2, s. 17.] Autopsy 100 1 If death occurs as a result of an accident for which benefits may be payable under this Part, the corporation may withhold benefits payable under section 92 until the person claiming the benefits allows the corporation to order an autopsy or post mortem examination to be performed at the expense of the corporation. 2 If death occurs a considerable time after the date of the accident and in circumstances that, in the opinion of the corporation, raise doubt as to whether the insured died as a result of the accident, the corporation must withhold any benefits under section 92 unless, before burial or cremation of the insured, the person claiming the benefits informs the corporation of the death and allows the corporation to order an autopsy or post mortem examination at the expense of the corporation. 3 The corporation must refer any dispute respecting an autopsy or post mortem examination to the chief coroner or another coroner appointed under the Coroners Act . [en. B.C. Reg. 62/2021, App. 4, s. 30.] Time of payment 101 Benefits payable under this Part shall be paid by the corporation a in the case of weekly benefits, within 4 weeks after it receives proof of claim, and thereafter at 4 week intervals if the insured complies with sections 98 and 99 when required by the corporation, and b in any other case, within 60 days after it receives proof of claim. Alteration of form of payment 102 The corporation may, at any time, make a lump sum payment of benefits or otherwise alter the form of payment to benefit the insured. Limitation 103 1 An insured must not commence an action in respect of benefits under this Part unless a the insured has substantially complied with the provisions of sections 97 to 100 that are applicable to the insured, and b the action is commenced as follows: i if the insured has issued written notice to the corporation under subsection (3) and the corporation has issued a written response, the action must be commenced by the later of the following: A within 3 months after the date of the response from the corporation; B within 2 years after the date of the accident for which the benefits are claimed; C if benefits have been paid, within 2 years after the date the last benefit payment under this Part was made; ii if the insured has issued written notice to the corporation under subsection (3) and the corporation has not issued a written response, subject to subsection (2), the action may be commenced at any time; iii if the insured has not issued written notice to the corporation under subsection (3), the action must be commenced within 2 years after A the date of the accident for which the benefits are claimed, or B if benefits have been paid, the date the last benefit payment under this Part was made. 2 If the corporation issues a written response to a notice issued under subsection (3), the action must be commenced in accordance with subsection (1) (b) (i). 3 An insured may issue written notice to the corporation of the insured's intention to commence an action in respect of benefits under this Part if the insured makes a claim for benefits under this Part a that has been denied, or b for which the corporation has not made a payment in accordance with section 101. 4 The notice referred to in subsection (3) must be a in the form established by the corporation, b sent by registered mail addressed to the claim office dealing with the insured's claim, and c received by the corporation within 2 years after the later of the following: i the date of the accident for which benefits are claimed; ii if benefits have been paid, the date the last benefit payment under this Part was made. 5 The written response by the corporation referred to in subsections (1) (b) (i) and (2) must be either personally delivered to the insured or forwarded to the insured by registered mail to the last known address of the insured. [en. B.C. Reg. 234/2018, App. 2, s. 19.] Other insurance 104 1 If benefits a are provided under this Part and evidenced by an owner's certificate in respect of a vehicle involved in an accident, and b are also provided under this Part and evidenced by an owner's certificate in respect of a vehicle not involved in the accident, or by a driver's certificate, the benefits described in paragraph (a) are primary and the benefits described in paragraph (b) are available only to the extent that the amount of those benefits exceeds the amount of benefits described in paragraph (a). 2 If an insured is also insured under vehicle insurance that provides compensation similar to benefits provided under this Part or similar benefits or insurance under similar legislation of another jurisdiction, the liability of the corporation for payment of benefits under this Part must be determined, a if a claim is made in respect of an accident that occurs in the Province, as if section 179 applied in respect of benefits provided under this Part, and b if a claim is made in respect of an accident that occurs in another jurisdiction, as if the provisions of the legislation of that jurisdiction respecting terms, conditions and priorities of vehicle insurance applied in respect of benefits provided under this Part. 3 Subsection (2) does not apply in respect of benefits payable under section 80. [am. B.C. Regs. 379/85, s. 38; 166/2006, Sch., s. 67.] Transitional — disability benefits, funeral expenses and death benefits 104.1 1 For the purposes of section 80 (1), the applicable amount of disability benefits set out in section 2 of Schedule 3, a as it read immediately before April 1, 2019 continues to apply in relation to disability benefits payable by the corporation under section 80 (1) (a) in respect of an accident that occurred before April 1, 2019, and b as it reads on April 1, 2019 applies in relation to disability benefits payable by the corporation under section 80 (1) (a) in respect of an accident that occurs on or after April 1, 2019. 2 For the purposes of section 84, the maximum amount per week as set out in section 2 of Schedule 3, a as it read immediately before April 1, 2019 continues to apply in relation to disability benefits for homemakers payable by the corporation under section 84 (1) in respect of an accident that occurred before April 1, 2019, and b as it reads on April 1, 2019 applies in relation to disability benefits for homemakers payable by the corporation under section 84 (1) in respect of an accident that occurs on or after April 1, 2019. 3 For the purposes of section 91, the amount set out in section 4 of Schedule 3, a as it read immediately before April 1, 2019 continues to apply in relation to burial and funeral expenses payable by the corporation under section 91 in respect of an accident that occurred before April 1, 2019, and b as it reads on April 1, 2019 applies in relation to burial and funeral expenses payable by the corporation under section 91 in respect of an accident that occurs on or after April 1, 2019. 4 Sections 92 and 93 and sections 5 and 6 of Schedule 3 as they read immediately before April 1, 2019 continue to apply in relation to death benefits payable by the corporation under those sections in respect of an accident that occurred before April 1, 2019, and section 92 as it reads on April 1, 2019 applies in relation to death benefits payable by the corporation under that section in respect of an accident that occurs on or after April 1, 2019. [en. B.C. Reg. 234/2018, App. 2, s. 20, as am. by B.C. Reg. 60/2019, App. 2, s. 4.] Transitional — medical or rehabilitation benefits 104.2 Section 88 as it reads on April 1, 2019 applies in relation to medical or rehabilitation benefits payable under section 88 for expenses incurred on or after April 1, 2019 regardless of the date of the accident. [en. B.C. Reg. 234/2018, App. 2, s. 20, as am. by B.C. Reg. 60/2019, App. 2, s. 5.] Transitional — receipts 104.21 Section 88.01 applies in respect of an accident that occurs on or after April 1, 2019. [en. B.C. Reg. 60/2019, App. 1, s. 6.] Transitional — limitation 104.3 Section 103 as it read immediately before April 1, 2019 continues to apply in relation to an action in respect of benefits under this Part in relation to an accident that occurred before April 1, 2019, and section 103 as it reads on April 1, 2019 applies in relation to an action in respect of benefits under this Part in relation to an accident that occurs on or after April 1, 2019. [en. B.C. Reg. 234/2018, App. 2, s. 20.] 8 Third Party Rights Occasioned by Uninsured or Unidentified Motorists Limit of liability 105 1 The liability of the corporation for payment of all claims under section 20 or 24 of the Act arising out of the same accident, including in either case a claim for a prejudgment interest under the Court Order Interest Act , b post-judgment interest under the Interest Act (Canada), and c costs awarded by a court, must, notwithstanding the number of claims or the number of people making claims, not exceed the amount set out in section 9 (1) of Schedule 3. 2 The liability of the corporation under section 24 (1) of the Act, as that section read on April 30, 2021, arising out of accidents occurring before May 1, 2021 for recovery for property damage is limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3 of this regulation. 3 The liability of the corporation under section 24 (1.1) of the Act arising out of accidents occurring on or after May 1, 2021 for recovery for non-vehicle property damage is limited to the amount by which the damage exceeds the amount set out in section 9 (2) of Schedule 3. [am. B.C. Regs. 254/93, s. 2 (a); 166/2006, Sch., s. 68; 62/2021, App. 4, s. 31.] Exclusion of other insured loss 106 1 In this section, insured claim means any benefit, compensation similar to benefits, right to indemnity or claim to indemnity accruing to a person entitled to benefits, compensation or indemnity or to the personal representative or guardian of the person, and includes a benefit, compensation, right or claim a under the Workers Compensation Act or a similar law or plan of another jurisdiction, unless i the insured elects not to claim compensation under section 10 (2) of the Workers Compensation Act and the insured is not entitled to compensation under section 10 (5) of that Act, or ii the Workers Compensation Board pursues its right of subrogation under section 10 (6) of the Workers Compensation Act , b under the Employment Insurance Act (Canada), or c of the government of Canada, the government of another province or territory of Canada, or the government of a foreign jurisdiction. 2 No amount shall be paid by the corporation under section 20 or 24 of the Act in respect of that part of a claim that is paid or payable as an insured claim. 3 Repealed. [B.C. Reg. 380/2000, s. 5.] [am. B.C. Regs. 335/84, s. 23; 379/85, s. 39; 408/87, s. 25; 246/98, s. 4; 380/2000, s. 5; 166/2006, Sch., s. 69.] Conditions of liability 107 1 The corporation is not liable to an owner of a vehicle who makes a claim under section 24 of the Act for damage to the vehicle arising out of an accident occurring before May 1, 2021 if the owner, without reasonable cause, has not a within 48 hours after the discovery of the damage, made a report to the police of the circumstances in which the damage occurred, b obtained the police case file number for the report, and c on request of the corporation, advised the corporation of the police case file number. 2 The corporation is not liable in respect of a a claim under section 20 or 24 of the Act for damage to a vehicle, or to a vehicle's equipment or to property carried in or on a vehicle, arising i while the vehicle is, without the consent of the owner, in the possession of another, and ii out of an accident occurring before May 1, 2021, or b a claim under section 24 of the Act by the Province or Canada or by a municipality, public or private utility or other similar person in respect of damage to a highway or a structure or thing placed or maintained in, on, under or over a highway. [am. B.C. Regs. 491/95, s. 18; 347/96, s. 4; 62/2021, App. 4, s. 32.] Forms 108 1 The forms set out in Schedule 4 are prescribed for the purpose of section 20 of the Act in respect of accidents occurring before May 1, 2021. 2 The forms set out in Schedule 4.1 are prescribed for the purpose of section 20 of the Act in respect of accidents occurring on or after May 1, 2021. [en. B.C. Reg. 62/2021, App. 4, s. 33.] 9 Repealed 109 Repealed. [B.C. Reg. 166/2006, Sch., s. 70.] Repealed 110 to 112 Repealed. [B.C. Reg. 324/91, s. 25.] Repealed 113 to 125 Repealed. [B.C. Reg. 166/2006, Sch., s. 70.] Repealed 126 Repealed. [B.C. Reg. 324/91, s. 32.] Repealed 127 to 146.18 Repealed. [B.C. Reg. 166/2006, Sch., s. 70.] 10 First Party Coverage 1 Inverse Liability and Uninsured or Hit and Run Accidents Outside British Columbia Inverse liability 147 1 In this section: collision coverage means coverage for loss or damage caused by the upset of a vehicle or collision of a vehicle with another object, including a person or animal; insured means a the person named as an owner in an owner's certificate, b if the person referred to in paragraph (a) is deceased, the personal representative of that person, c a person who can supply written proof that the person is the beneficial owner of a commercial vehicle described in an owner's certificate, but who, because of the licensing requirements of interprovincial or interstate trade, is not named as the owner on the certificate, d the lessee named in an owner's certificate, or e if the person referred to in paragraph (d) is deceased, the personal representative of that person; loss or damage means loss or damage to which collision coverage applies. 2 If loss or damage occurs in Canada, other than in British Columbia, or the United States of America to a vehicle described in an owner's certificate and the insured does not have a right of action under the law of the place where the loss or damage occurs or where the person responsible for the loss or damage resides, the corporation must, subject to subsections (3) and (4), compensate the insured for the loss or damage in an amount equal to the amount of damages the insured would have recovered if the insured had had a right of action. 2.1 The corporation is not liable under this section to an insured for loss or damage to a non-standard motor vehicle or an excluded vehicle that arises out of an accident that does not occur on the portion of a highway on which the vehicle is authorized to be operated. 3 The limit of compensation under this section is, after allowance for salvage, the least of the following: a the cost of repairing the vehicle; b the declared value of the vehicle; c the actual cash value of the vehicle. 4 If a vehicle for which compensation is provided under this section is insured for own damage collision coverage under an optional insurance contract, a compensation provided under this section proportionately reduces the collision deductible paid or payable by the insured under an optional insurance contract issued by the corporation, and b no compensation is payable for loss or damage for which coverage is provided under an optional insurance contract by an insurer other than the corporation. 5 Any dispute between the insured and the corporation as to the degree of liability, if any, of the insured for loss or damage to a vehicle for which compensation is provided under this section must be submitted to arbitration under the Arbitration Act . 6 Except as provided in this section, Part 13 applies in respect of a claim under this section. [am. B.C. Regs. 449/88, s. 27; 166/2006, Sch., s. 71; 341/2007, s. 3; 62/2021, App. 4, s. 34; 117/2021, App. 6, s. 17; 116/2024, App. 3, s. 20.] Repealed 148 Repealed. [B.C. Reg. 117/2021, App. 6, s. 18.] Repealed 148.01 Repealed. [B.C. Reg. 447/83, s. 148.01.] 2 Underinsured Motorist Protection Underinsured motorist protection 148.1 1 In this section: 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 if 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); deductible amount means an amount a paid or payable by the corporation under section 20 or 24 of the Act, or recoverable by the insured from a similar fund in the jurisdiction in which the accident occurs, b Repealed. [B.C. Reg. 117/2021, App. 6, s. 20 (a).] c paid or payable under Part 7 or under legislation of another jurisdiction that provides compensation similar to benefits, other than under the Memorial Grant Program for First Responders, d paid directly by the underinsured motorist as damages, e paid or payable from a cash deposit or bond given in place of proof of financial responsibility, f to which the insured is entitled under the Workers Compensation Act or a similar law of the jurisdiction in which the accident occurs, unless i the insured elects not to claim compensation under section 10 (2) of the Workers Compensation Act and the insured is not entitled to compensation under section 10 (5) of that Act, or ii the Workers' Compensation Board pursues its right of subrogation under section 10 (6) of the Workers Compensation Act , f.1 to which the insured is entitled under the Employment Insurance Act (Canada), f.2 to which the insured is entitled under the Canada Pension Plan , g paid or payable to the insured under a certificate, policy or plan of insurance providing third party legal liability indemnity to the underinsured motorist, h paid or payable under vehicle insurance, wherever issued and in effect, providing underinsured motorist protection for the same occurrence for which underinsured motorist protection is provided under this section, i paid or payable to the insured under any benefit or right or claim to indemnity, or j paid or able to be paid by any other person who is legally liable for the insured's damages; insured means a an occupant of a motor vehicle described in the owner's certificate, b a person who is i named as the owner or lessee in the owner's certificate if that person is an individual, i.1 an assigned corporate driver, or ii a member of the household of a person described in subparagraph (i) or (i.1), b.1 a person who is i an insured as defined in section 42 and who is not in default of premium payable under section 45, or ii a member of the household of an insured described in subparagraph (i), c a person who, in the jurisdiction in which the accident occurred, is entitled to maintain an action against the underinsured motorist for damages because of the death of a person described in paragraph (a), (b) or (b.1), or d for the purpose of the payment of compensation under this Division, the personal representative of a deceased insured; underinsured motorist means a person who owns, leases, rents or operates a vehicle and who is legally liable for the injury or death of an insured but is unable, when the injury or death occurs, to pay the full amount of damages recoverable by the insured or the insured's personal representative in respect of the injury or death. 2 If death or injury of an insured is caused by an accident that a arises out of the use or operation of a vehicle by an underinsured motorist, and b occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America, the corporation must, subject to subsections (1), (5) and (6) and section 148.4, compensate the insured, or a person who has a claim in respect of the death of the insured, for any amount the insured or the person is entitled to recover from the underinsured motorist as damages for the injury or death. 3 No coverage is provided under underinsured motorist protection to an insured who is a the operator or occupant of a vehicle that i is not licensed under the Motor Vehicle Act , the Commercial Transport Act or in a jurisdiction outside British Columbia in accordance with the legislation of that other jurisdiction, or ii with respect to which no permit has been issued under the Motor Vehicle Act or the Commercial Transport Act , unless the insured has reasonable grounds to believe that the vehicle has a permit or is licensed, b the operator or occupant of a vehicle that the operator or occupant knew or ought to have known was being operated without the consent of the person who owns, leases or rents the vehicle, c the operator or occupant of a vehicle that is exempt under section 1.01 or 1.02 of the Act, whether or not the vehicle is operated by a person named in a driver's certificate, d subject to subsection (3.1), an operator or occupant of a non-standard motor vehicle or excluded vehicle in respect of an accident that does not occur on the portion of the highway on which the vehicle is authorized to be operated, or e subject to subsection (3.1), an individual who is entitled to benefits under Part 10 of the Act arising out of the same accident. 3.1 Subsection (3) (d) and (e) does not apply with respect to a certificate issued before May 1, 2021 for so long as the certificate remains in effect, and the definition of "deductible amount" is to be read as including an amount paid or payable under Part 10 of the Act in respect of this kind of certificate. 4 Underinsured motorist protection does not apply to a hit and run accident unless a the hit and run accident occurs on a highway, and b where the hit and run accident occurs in the Yukon, Northwest Territories, Nunavut or United States of America, there is actual physical contact between the insured or the vehicle occupied by the insured and the unidentified vehicle. 5 The liability of the corporation under this Division for payment under an owner's certificate or driver's certificate of all claims arising out of the same occurrence, including a claim for a prejudgment interest under the Court Order Interest Act or similar legislation of another jurisdiction, b post-judgment interest under the Interest Act (Canada) or similar legislation of another jurisdiction, and c costs awarded by a court or an arbitrator, must not exceed d the total amount of damages awarded in respect of the accident to all persons insured under that owner's certificate or driver's certificate, e the amount determined under section 148.2 (1), or f the applicable amount set out in section 13 of Schedule 3, whichever is least, minus the sum of the applicable deductible amounts. 6 Sections 73 to 76 apply in respect of underinsured motorist protection. 7 If more than one certificate provides underinsured motorist protection to an insured, the insured must be compensated only under one such certificate. 8 If, in the event of a claim, an insured has access to underinsured motorist protection coverage under both an owner's certificate and a driver's certificate, the insured must be compensated under the owner's certificate. 9 If, in the event of a claim, an insured has access to underinsured motorist protection coverage or similar insurance protection under vehicle insurance in another jurisdiction, the benefits of that coverage are primary and any benefits provided under this Division are available only to the extent that the amount of benefits provided by the certificate exceeds the amount of benefits provided by the primary insurance. 10 An insured, or the personal representative of an insured, who, before the corporation settles a claim for injury or death of the insured arising out of the operation of a vehicle by an underinsured motorist, commences an action against the underinsured motorist, must immediately serve the corporation with a copy of the notice of civil claim in the action. 11 If an insured commences an action in British Columbia against a person who may be an underinsured motorist, the corporation may apply to the court to be added as a party to that action. 12 If the laws of British Columbia applied to an action referred to in subsection (11), a judgment in the action by a court in British Columbia is binding on the corporation and on an arbitrator under section 148.2, whether or not the corporation makes an application under subsection (11). [en. B.C. Reg. 324/91, s. 35; am. B.C. Regs. 379/93, s. 10; 271/97; 424/97, s. 4; 470/99, s. 4; 452/2003, s. 5; 166/2006, Sch., s. 73; 341/2007, s. 3; 156/2010, s. (b); 117/2021, App. 6, s. 20; 114/2024, App. 1, s. 7; 116/2024, App. 3, s. 21.] Restrictions on liability 148.2 1 Subject to subsection (1.1), the determination as to whether an insured provided underinsured motorist protection under section 148.1 is entitled to compensation and, if so entitled, the amount of compensation, must be made by agreement between the insured and the corporation, but any dispute as to whether the insured is entitled to compensation or as to the amount of compensation must be submitted to arbitration under the Arbitration Act . 1.1 A dispute about whether a person is an insured under this Division may be submitted to arbitration under the Arbitration Act regardless of whether there has been a determination that the injury or death of the person was caused by the use or operation of a vehicle by an underinsured motorist. 2 Despite subsection (1), section 50 (2) (a), (b) (iii), (c) and (d) of the Arbitration Act does not apply in respect of an order for costs of an arbitration. 2.1 An arbitrator who adjudicates a dispute under this section must publish the reasons for the decision by forwarding a copy of the reasons, with personal information that would identify the parties deleted, to the corporation for publication on its website. 3 An arbitrator may make an order as to costs of an arbitration only on a party and party basis. 4 The corporation is not liable under section 148.1 a in respect of an accident occurring in a jurisdiction of Canada or the United States of America in which the right to sue and recover damages for injury or death caused by an accident is barred by law, or b to an insured who, without the written consent of the corporation and to its prejudice, settles or prosecutes to judgment an action against a person or organization that may be liable to the insured for injury or death. 4.1 The corporation is deemed to have provided consent under subsection (4) (b) if it does not respond within 90 days to a written request for consent that is sent by registered mail addressed to the claim office dealing with the insured's claim. 5 If an insured breaches a condition of section 55 or does or omits to do anything and, as a result of the breach, action or omission, the insured is disqualified from receiving one or more of the amounts referred to in the definition of "deductible amount" in section 148.1 (1), the insured's claim under the insured's underinsured motorist protection must be reduced by the amount to which the insured would, but for the breach, action or omission, have been entitled.

6 Subject to subsection (1), if an accident for which a claim is made under section 148.1 occurs in another jurisdiction, a the law of the place where the insured suffered the injury for which the claim is made must, whether or not death results from that injury, be applied i to determine if the insured is legally entitled to recover damages and, if so, the degree to which the insured is entitled, and ii in any arbitration proceedings arising out of a difference between the insured and the corporation as to whether the insured is legally entitled to recover damages or the degree to which the insured is entitled, and b the law of the Province must be applied i to determine the measure of any damages recoverable by the insured and to assess the amount of compensation payable to the insured, and ii in any arbitration proceedings arising out of a difference between the insured and the corporation respecting the measure of any damages or the amount of compensation. [en. B.C. Reg. 324/91, s. 35; am. B.C. Regs. 166/2006, Sch., s. 74; 212/2007; 234/2018, App. 2, s. 21; 117/2021, App. 6, s. 21.] Underinsured motorist protection for garage vehicle certificate holders 148.3 If the underinsured motorist protection relates to a garage vehicle certificate, protection is extended to an officer or employee of the garage service operator who, in the course of the officer's or employee's duties or employment, is an occupant of a customer's vehicle while the vehicle a is being operated by a person who is not an officer or employee of the garage service operator, or b is in the care, custody or control of the garage service operator. [en. B.C. Reg. 114/2024, App. 1, s. 8.] Excluded coverage 148.4 1 Coverage under this Division is not provided by an owner's certificate issued in respect of any of the following: a a bus; b a taxi; c a limousine use vehicle. 1.1 Coverage under this Division is not provided by an MPR blanket certificate in respect of any of the following: a a bus; b a taxi; c a limousine use vehicle. 2 An owner's certificate issued in respect of a vehicle operated as a TNS-only vehicle under a transportation network services authorization does not provide coverage under this Division to an insured who is an occupant of the vehicle if death or injury is caused by an accident that occurs when a the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and b a person is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers. [en. B.C. Reg. 161/2019, s. 6; am. B.C. Regs. 48/2020, s. 3; 153/2024, s. 2.] Repealed 148.5 and 148.6 Repealed. [B.C. Reg. 452/2003, s. 6.] Repealed 148.7 Repealed. [B.C. Reg. 166/2006, Sch., s. 75.] 10.1 Accident Responsibility Claims Accident responsibility claim — limitation 148.8 1 A person must not commence an action under section 133 (1) (d) of the Civil Resolution Tribunal Act respecting a determination by the corporation of the extent to which the person is responsible for an accident unless a the corporation has issued a notification of responsibility (CL 281) notifying the person of the corporation's assignment of responsibility for the accident, b the person has made a written request to the corporation, in the form and manner established by the corporation, for a detailed responsibility assessment in relation to the accident, and c the person has received the detailed responsibility assessment (CL 722). 2 The written request referred to in subsection (1) (b) must be received by the corporation within 90 days after the date of the notification of responsibility (CL 281) issued under subsection (1) (a). 3 The corporation must, as soon as practicable after receiving a written request for a detailed responsibility assessment under subsection (1) (b), issue the detailed responsibility assessment (CL 722) to the person. [en. B.C. Reg. 147/2022, Sch. 2.] 11 Additional Product Certificates 1 Additional Product Certificates Other Than Blanket Certificates Compulsory additional products 149 1 Subject to section 15.7 and subsection (1.1) of this section, the corporation must, on application and payment of the applicable premium, issue the following additional product certificates, each in the form established by the corporation: a unlicensed farm tractor certificate (APV-49); b special agreement vehicle licence and certificate (APV-116A); c manufacturer's licence and certificate (APV-31); d trailer floater licence and certificate (APV-33); e) and (f Repealed. [B.C. Reg. 324/91, s. 36.] g owner's certificate for highway crossing permit (APV-37); h combined non-resident commercial vehicle permit and certificate (APV-96); i Repealed. [B.C. Reg. 33/2005, s. 5.] j vintage motor vehicle certificate (APV-44); k garage vehicle certificate (APV-4); l combined certificate of registration of a non-resident motor vehicle and certificate (APV-97); m binder for owner's interim certificate (APV-38); n temporary operation permit and owner's certificate (APV-16); o collector multi-vehicle certificate (APV-317); p transporter's licence and certificate (APV-32); q demonstration licence and certificate (APV-50); r repairer's licence and certificate (APV-53); s Repealed. [B.C. Reg. 126/2014, App. 1, s. 2 (d).] t manuscript certificate (APV-284); u non-fleet taxi certificate (APV-434). 1.1 An additional product certificate referred to in subsection (1) (p), (q) or (r) may be issued only to a a garage service operator who holds a garage vehicle certificate (APV-4), or b a person referred to in section 106 (2) of the Motor Vehicle Act who gives the corporation proof of financial responsibility in accordance with section 106 (2) (b) of that Act. 2 Subject to subsections (3) to (9), an additional product certificate issued under subsection (1) evidences coverage under Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act while a vehicle covered by the certificate is being operated in accordance with the terms set out in the additional product certificate. 3 An implement of husbandry that is operated on a highway as a motor vehicle must be insured under an unlicensed farm tractor certificate providing coverage under Parts 6 and 7 and Division 2 of Part 10 of this regulation and Parts 10 and 11 of the Act. 4 An additional product certificate issued under subsection (1) (b) does not include coverage under Division 1 of Part 10 of this regulation. 5 An additional product certificate issued under subsection (1) (g) or (h) does not include coverage under Part 10 of this regulation. 6 An additional product certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (a) evidences coverage under Part 6 that is limited to the amount specified in section 1 (2) (c) of Schedule 3 of this regulation and under Part 11 of the Act but does not include coverage under Part 7 or 10 of this regulation or Part 10 of the Act. 7 An additional product certificate issued under subsection (1) (p), (q) or (r) to a person described in subsection (1.1) (b) does not evidence coverage under Part 6, 7 or 10 of this regulation or Part 10 or 11 of the Act. 8 An additional product certificate issued under subsection (1) (t) evidences coverage under Parts 6, 7 and 10 of this regulation or Part 10 or 11 of the Act only to the extent provided under the terms of the certificate. 9 An additional product certificate issued under subsection (1) (u) does not include coverage under Division 2 of Part 10 of this regulation. [am. B.C. Regs. 408/87, s. 33; 449/88, s. 29; 383/89, s. 27; 324/91, s. 36; 33/2005, s. 5; 166/2006, Sch., s. 77, as am. by B.C. Reg. 46/2007, Sch. 1, s. 7; 126/2014, App. 1, s. 2 and App. 2, s. 10; 161/2019, s. 8; 47/2020, Sch. 1, s. 3; 62/2021, App. 4, s. 36; 117/2021, App. 6, s. 23.] Compulsory coverages provided by garage vehicle certificates 150 1 In this section: collision coverage means coverage for loss or damage caused by upset of a vehicle or collision of a vehicle with another object, including, but not limited to, a the surface of the ground, the roadway being travelled on or an object on, in, under, over or adjacent to the roadway, including a road sign, guard rail, pier, bridge or culvert or any body of water or waterway under or adjacent to the pier, bridge, culvert or roadway, b a pedestrian as defined in section 1 of the Motor Vehicle Act , c a vehicle attached to the vehicle, and d cargo, including animals, carried in or on i a commercial motor vehicle the gross vehicle weight of which exceeds 5 000 kg, or ii a commercial trailer, and includes coverage for loss or damage caused by collision with another object if the collision results from the presence on or adjacent to the roadway of a domestic or wild animal, either living or dead, but there is no impact with the animal; comprehensive coverage means coverage for loss or damage other than loss or damage to which collision coverage applies and includes coverage for loss or damage caused by missiles, falling or flying objects, lightning, fire, theft or attempted theft, earthquake, windstorm, hail, rising water, malicious mischief, riot or civil commotion or the stranding, sinking, burning, derailment, upset or collision of a conveyance in or on which a vehicle is being transported on land or water, vandalism and impact with a domestic or wild animal, either living or dead; specified perils coverage means coverage for loss or damage caused by falling or forced landing of an aircraft or part of an aircraft, fire, lightning, theft or attempted theft, explosion, earthquake, windstorm, hail, rising water, riot or civil commotion or the stranding, sinking, burning, derailment, upset or collision of a conveyance in or on which a vehicle is being transported on land or water. 2 Subject to subsections (3), (4), (5) and (6), in addition to coverage specified in section 149 (2), a garage vehicle certificate provides to a garage service operator a collision coverage, and b comprehensive or specified perils coverage that provide indemnity for liability of the garage service operator for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator or an employee of the garage service operator in accordance with the terms of the certificate. 2.1 Subject to subsections (3), (4), (5) and (6), in addition to coverage specified in section 149 (2) and subsection (2) of this section, a garage vehicle certificate provides, to the extent the garage service operator would be liable for the loss or damage but for section 172 or 173 of the Act, the following for loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator or of an employee of the garage service operator in accordance with the terms of the certificate: a collision coverage; b comprehensive coverage or specified perils coverage. 3 A garage service operator must purchase collision coverage with a deductible amount of not more than $1 000. 4 The minimum amount of comprehensive or specified perils coverage that must be purchased by a garage service operator is an amount equal to the total maximum value of all customers' vehicles that may, at any one time, be in the care, custody or control of the garage service operator at all locations described in the garage vehicle certificate. 5 If, at the time of a claim, the amount of comprehensive or specified perils coverage purchased by a garage service operator is less than 90% of the amount of comprehensive or specified perils coverage that is required to be purchased under subsection (4), the garage service operator is a co-insurer with the corporation for any loss or damage to customers' vehicles that are in the care, custody or control of the garage service operator. 6 If a garage service operator is a co-insurer under subsection (4), the amount of the co-insured portion of the loss or damage for which indemnity is provided by the corporation must be determined by the following formula: A.C. T.V.C.V. × loss − deductible = claim where A.C. means the amount of comprehensive or specified perils coverage purchased by the garage service operator; T.V.C.V. means the total value of all customers' vehicles that are in the care, custody or control of the garage service operator when the loss or damage occurs; loss means the cost of repairing those customers' vehicles to which loss or damage has occurred, or, if the vehicles are not repairable, the actual cash value of the vehicles and their attached equipment; deductible means the deductible amount applicable to the comprehensive or specified perils coverage; claim means the amount of indemnity payable by the corporation to the garage service operator for the corporation's portion of the loss or damage. 7 A garage service operator who holds a garage vehicle certificate must, on application for transporter, demonstration or repairer's number plates or for renewal, replacement, change or substitution of those number plates and the corresponding insurance, a produce for inspection by the corporation the garage vehicle certificate issued to the garage service operator, and b pay to the corporation the applicable premium. [en. B.C. Reg. 166/2006, Sch., s. 78, as am. by B.C. Reg. 46/2007, Sch. 1, s. 8; am. B.C. Regs. 117/2021, App. 6, s. 24; 248/2023, App., s. 2 (b).] Garage vehicle certificates are primary insurance 150.1 Indemnity provided by a garage vehicle certificate is primary insurance and any indemnity provided by an owner's certificate issued in respect of a vehicle in the care, custody or control of a garage service operator is available to the owner or lessee of the vehicle only to the extent that the amount by which liability is limited under the owner's certificate exceeds the amount by which liability is limited under the garage vehicle certificate. [en. B.C. Reg. 166/2006, Sch., s. 78, as am. by B.C. Reg. 46/2007, Sch. 1, s. 9; am. B.C. Reg. 116/2024, App. 3, s. 22.] Coverage for unnamed owner 151 Insurance coverage evidenced by any of the following additional product certificates includes as an insured the person who owns or leases as a leased vehicle a vehicle insured under the additional product certificate: a temporary operation permit and owner's certificate (APV-16); b transporter's licence and certificate (APV-32); c trailer floater licence and certificate (APV-33); d demonstration licence and certificate (APV-50); e repairer's licence and certificate (APV-53). [en. B.C. Reg. 166/2006, Sch., s. 79; am. B.C. Regs. 126/2014, App. 2, s. 11; 116/2024, App. 3, s. 23.] Repealed 152 and 153 Repealed. [B.C. Reg. 166/2006, Sch., s. 80.] Repealed 154 Repealed. [B.C. Reg. 234/2018, App. 2, s. 22.] 2 TNS Blanket Certificates Definitions for Divisions 2 to 4 154.1 In this Division and Divisions 3 and 4: another certificate or other certificate means any certificate other than a blanket certificate; P2P blanket certificate means a blanket certificate issued under section 154.9; TNS blanket certificate means a blanket certificate issued under section 154.2; TNS licensee means a person referred to in section 35.1 (2) (a) of the Act. [en. B.C. Reg. 161/2019, s. 9; am. B.C. Reg. 153/2024, s. 3.] Issuance of TNS blanket certificate 154.2 On application and payment of the applicable premium, the corporation must issue a blanket certificate (APV-383), in the form established by the corporation, to a TNS licensee. [en. B.C. Reg. 161/2019, s. 9.] Coverage provided by TNS blanket certificate 154.3 1 Subject to subsection (2), a TNS blanket certificate evidences coverage under Parts 6 and 7 of this regulation and Parts 10 and 11 of the Act when a vehicle covered by the TNS blanket certificate is being operated in accordance with the terms set out in that TNS blanket certificate. 2 A TNS blanket certificate provides coverage only in respect of TNS vehicles. [en. B.C. Reg. 161/2019, s. 9; am. B.C. Reg. 62/2021, App. 4, s. 37.] When coverage provided by TNS blanket certificate applies 154.4 Coverage provided by a TNS blanket certificate applies in respect of a TNS vehicle operated under a transportation network services authorization, instead of the coverage provided by another certificate, when a the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and b a person is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers. [en. B.C. Reg. 48/2020, s. 4.] Rules if 2 or more blanket certificates would provide coverage — TNS blanket coverage 154.5 1 If a TNS vehicle is being operated for the purposes of a transporting or dropping off one or more passengers i who are occupants of the vehicle, and ii who hailed the vehicle through the use of online platforms provided by one or more TNS licensees, and b picking up one or more other passengers i who are not occupants of the vehicle, and ii who hailed the vehicle through the use of online platforms provided by one or more other TNS licensees, coverage is provided only by the TNS blanket certificates held by the TNS licensees referred to in paragraph (a) (ii). 2 If a TNS vehicle is being operated for the purposes of picking up 2 or more passengers who hailed the vehicle through the use of online platforms provided by 2 or more TNS licensees and there are no passengers who are occupants of the vehicle, coverage is provided by the TNS blanket certificates held by those TNS licensees. 3 If 2 or more TNS blanket certificates provide coverage under subsection (1) or (2), the amount of coverage provided by each TNS blanket certificate is the amount obtained by dividing the coverage that would be provided if coverage were provided under only one TNS blanket certificate by the number of TNS blanket certificates providing coverage. 4 If coverage in respect of a vehicle would be provided by a TNS blanket certificate and a P2P blanket certificate, coverage is provided only by the TNS blanket certificate. 5 If coverage in respect of a vehicle would be provided by a TNS blanket certificate and an MPR blanket certificate, coverage is provided only by the TNS blanket certificate. [en. B.C. Reg. 161/2019, s. 9; am. B.C. Reg. 153/2024, s. 4.] TNS blanket certificate premium adjustment 154.6 At the beginning of a term of a TNS blanket certificate, the corporation may agree with the holder of the certificate to adjust, at the end of the term, the amount of premium payable for that term based on the total amount paid or payable by the corporation as a result of accidents that occurred during the term in respect of all vehicles insured under that certificate. [en. B.C. Reg. 161/2019, s. 9.] 3 P2P Blanket Certificates Definitions for Division 3 154.7 In this Division: owner , in relation to a vehicle rented through the use of an online platform provided by the holder of a P2P blanket certificate, means a the person from whom the vehicle is rented through the use of the online platform, or b a person acting on behalf or under the direction of the person referred to in paragraph (a); peer-to-peer service provider means a person in the class of persons prescribed by section 154.8; renter , in relation to a vehicle rented through the use of an online platform provided by the holder of a P2P blanket certificate, means a person to whom the vehicle is rented through the use of the online platform; vehicle rental period , in relation to a vehicle rented through the use of an online platform provided by the holder of a P2P blanket certificate, and subject to section 154.92 (4) to (7), means the period agreed to by the owner and the renter during which the renter is to have possession of the vehicle. [en. B.C. Reg. 161/2019, s. 9.] Peer-to-peer service providers prescribed 154.8 For the purposes of section 35.1 (2) (b) of the Act, the prescribed class of persons is persons who provide services, through the use of an online platform, respecting the connection of owners of vehicles with persons who rent the vehicles, without a driver, for periods of less than one month. [en. B.C. Reg. 161/2019, s. 9; am. B.C. Reg. 153/2024, s. 5.] Prescribed matters and persons for P2P blanket certificates in respect of trailers 154.81 1 For the purposes of section 35.2 (1) (e) of the Act, the prescribed matter is an incident involving a trailer insured under a P2P blanket certificate out of which arises a injury or death to a person, or b damage to property. 2 For the purposes of section 35.2 (2) (d) of the Act, the prescribed class of persons is persons who own, drive, lease or dispatch trailers to which a P2P blanket certificate relates. [en. B.C. Reg. 153/2024, s. 6.] Issuance of P2P blanket certificate 154.9 On application and payment of the applicable premium, the corporation must issue a blanket certificate (APV-383), in the form established by the corporation, to a peer-to-peer service provider. [en. B.C. Reg. 161/2019, s. 9.] Coverage provided by P2P blanket certificate 154.91 1 Subject to subsection (2), a P2P blanket certificate evidences coverage under Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act when a vehicle covered by the P2P blanket certificate is being operated in accordance with the terms set out in that P2P blanket certificate. 2 A P2P blanket certificate does not provide coverage in respect of any of the following: a a vehicle owned by or leased as a leased vehicle to the person who holds the P2P blanket certificate; b a bus, taxi or limousine use vehicle; c a commercial motor vehicle that has a gross vehicle weight of more than 5 000 kg; d a trailer used for commercial purposes that is required to be registered and licensed under the Commercial Transport Act ; e an all terrain vehicle, golf cart, snowmobile, utility vehicle or any other vehicle to which Division 24 of the Motor Vehicle Act Regulations applies. [en. B.C. Reg. 161/2019, s. 9; am. B.C. Regs. 62/2021, App. 4, s. 38; 153/2024, s. 7.] When coverage provided by P2P blanket certificate applies 154.92 1 Subject to section 154.5 (4) and subsections (2) and (3) of this section, coverage provided by a P2P blanket certificate applies in respect of a vehicle, instead of the coverage provided by another certificate, during the vehicle rental period. 2 If the owner of a vehicle has possession of the vehicle at any time during the vehicle rental period, coverage provided by a P2P blanket certificate does not apply during those times. 3 Unless subsection (6) applies, if the renter of a vehicle cancels the vehicle rental or otherwise fails to take possession of the vehicle, coverage provided by a P2P blanket certificate does not apply. 4 If the owner of a vehicle leaves the vehicle at a location where the renter has agreed to pick up the vehicle, the vehicle rental period is deemed to start at the later of a 2 hours before the start of the vehicle rental period, and b the time at which the owner leaves the vehicle at the location. 5 If the renter of a vehicle leaves the vehicle at a location where the owner has agreed to pick up the vehicle, the vehicle rental period is deemed to end, a in the case of a vehicle left at the location before or at the end of the vehicle rental period, at the earlier of i 2 hours after the end of the vehicle rental period, and ii the time at which the owner picks up the vehicle at the location, or b in the case of a vehicle left at the location after the end of the vehicle rental period, at the earlier of i 2 hours after the time at which the renter leaves the vehicle at the location, and ii the time at which the owner picks up the vehicle at the location. 6 If, after the owner of a vehicle leaves the vehicle at a location where the renter agreed to pick up the vehicle, the vehicle rental is cancelled or the renter otherwise fails to take possession of the vehicle, the vehicle rental period a is deemed to start at the later of i 2 hours before the start of the vehicle rental period, and ii the time at which the owner leaves the vehicle at the location, and b is deemed to end, i in the case of a cancellation, at the earlier of A 2 hours after the time at which the cancellation was made, and B the time at which the owner picks up the vehicle at the location, or ii in the case of a renter who otherwise fails to take possession of the vehicle, at the earlier of A 2 hours after the end of the vehicle rental period, and B the time at which the owner picks up the vehicle at the location. 7 If a vehicle is stolen or left at a location that is not the location where the owner has agreed to pick up the vehicle, the vehicle rental period is deemed to end at the earlier of a 24 hours after the time at which the owner becomes aware or reasonably ought to have become aware of the location where the vehicle has been left or recovered, and b the time at which the owner picks up the vehicle. [en. B.C. Reg. 161/2019, s. 9.] Rules if 2 or more P2P blanket certificates would provide coverage 154.93 If 2 or more P2P blanket certificates would provide coverage in respect of a vehicle, coverage is provided only by the P2P blanket certificate that provides coverage at the earliest time for which coverage is provided by any of those P2P blanket certificates. [en. B.C. Reg. 161/2019, s. 9.] P2P blanket certificate premium adjustment 154.94 At the beginning of a term of a P2P blanket certificate, the corporation may agree with the holder of the certificate to adjust, at the end of the term, the amount of premium payable for that term based on the total amount paid or payable by the corporation as a result of accidents that occurred during the term in respect of all vehicles insured under that certificate. [en. B.C. Reg. 161/2019, s. 9.] 4 MPR Blanket Certificates Definitions for Division 4 154.95 In this Division: defined circumstance , in respect of a rented vehicle, means the vehicle is rented with a driver who is a directly employed by, or otherwise directly under contract with, a motion picture production entity to use or operate the vehicle, and b using or operating the vehicle during the hours when the driver is paid to use or operate the vehicle in accordance with the terms of the driver's employment by, or contract with, the motion picture production entity; motion picture production means film or video production for producing a motion pictures, b television series or pilots, c television movies, d television reality series, including competition type reality series, e documentaries, f commercials, g live action scenes related to video games or digital content, h promotional, corporate, industrial or institutional videos, i music videos, or j other similar types of film or video productions; motion picture production entity means a person in the class of persons prescribed in section 154.951; vehicle rental period means the rental period during which a motion picture production entity is to have possession of a vehicle under a written agreement between the motion picture production entity and the person who owns the vehicle or leases the vehicle as a leased vehicle. [en. B.C. Reg. 153/2024, s. 8.] Persons renting vehicles for motion picture production prescribed 154.951 For the purposes of section 35.1 (2) (b) of the Act, the prescribed class of persons is persons producing motion picture productions who, for use in motion picture productions, rent vehicles for periods of less than one month a without a driver, or b in a defined circumstance. [en. B.C. Reg. 153/2024, s. 8.] Prescribed matters and persons for MPR blanket certificates in respect of trailers 154.96 1 For the purposes of section 35.2 (1) (e) of the Act, the prescribed matter is an incident involving a trailer insured under an MPR blanket certificate out of which arises a injury or death to a person, or b damage to property. 2 For the purposes of section 35.2 (2) (d) of the Act, the prescribed class of persons is persons who own, drive, lease or dispatch trailers to which an MPR blanket certificate relates. [en. B.C. Reg. 153/2024, s. 8.] Issuance of MPR blanket certificate 154.961 On application and payment of the applicable premium, the corporation may issue a blanket certificate (APV-383), in the form established by the corporation, to a motion picture production entity. [en. B.C. Reg. 153/2024, s. 8.] Coverage provided by MPR blanket certificate 154.97 1 Subject to subsection (2), an MPR blanket certificate evidences coverage under Parts 6 and 10 of this regulation and Parts 10 and 11 of the Act when a vehicle covered by the MPR blanket certificate is being operated in accordance with the terms set out in that MPR blanket certificate. 2 An MPR blanket certificate does not provide coverage in respect of any of the following: a a vehicle that is owned by the person who holds the MPR blanket certificate; b a vehicle that is leased as a leased vehicle to the person who holds the MPR blanket certificate; c a vehicle that is rated in a vehicle rate class that does not permit the vehicle to be rented for use in a motion picture production; d except in a defined circumstance, a vehicle that is rented with a driver. [en. B.C. Reg. 153/2024, s. 8.] When coverage provided by MPR blanket certificate applies 154.971 1 Subject to subsection (2) and section 154.5 (5), coverage provided by an MPR blanket certificate applies in respect of a vehicle, instead of the coverage provided by another certificate, during the vehicle rental period. 2 Except in a defined circumstance, coverage provided by an MPR blanket certificate does not apply during the times that any of the following have possession of the vehicle during the vehicle rental period: a the person who owns the vehicle; b the person who leases the vehicle as a leased vehicle; c a person acting on behalf or under the direction of the person referred to in paragraph (a) or (b). [en. B.C. Reg. 153/2024, s. 8.] Rules if 2 or more blanket certificates provide coverage — MPR blanket certificate 154.98 1 Despite section 154.92 (1), if coverage in respect of a vehicle would be provided by a P2P blanket certificate and an MPR blanket certificate, coverage is provided only by the MPR blanket certificate. 2 If 2 or more MPR blanket certificates would provide coverage in respect of a vehicle, the corporation may determine which MPR blanket certificate applies. [en. B.C. Reg. 153/2024, s. 8.] MPR blanket certificate premium adjustment 154.981 1 For the purposes of section 34 (2) (j) of the Act, a premium for an MPR blanket certificate may be based on the estimated or actual number of days in the vehicle rental periods in respect of all vehicles to be insured under that certificate. 2 At the beginning of a term of an MPR blanket certificate, the corporation may agree with the holder of the certificate to adjust, at the end of the term, the amount of premium payable for that term based on the actual number of days in the vehicle rental periods in respect of all vehicles insured under that certificate. [en. B.C. Reg. 153/2024, s. 8.] 12 Fleetplan Interpretation 155 1 In this Part: fleet means not less than the minimum number of vehicles established by the corporation that a are registered in the name of or are leased as leased vehicles that have a lessee, from a person whose business is the leasing of vehicles as leased vehicles, to i one person, ii more than one corporation, if the corporations are parent and subsidiary, or iii subject to subsection (2), more than one person, if the persons jointly operate a taxi business and the vehicles operated as taxis are controlled from one dispatching unit, and b are rated in a vehicle rate class designated by the corporation; fleet operator means a person designated under section 157 as the operator of a fleet and includes every owner of a vehicle in the fleet; owner includes an unregistered beneficial owner, a lien holder or a person who leases a vehicle as a leased vehicle. 2 A fleet that includes vehicles referred to in paragraph (a) (iii) of the definition of "fleet" in subsection (1) includes any vehicles not operated as taxis that are a registered in the name of the person designated under section 157 (a), or b leased as leased vehicles, from a person whose business is the leasing of vehicles as leased vehicles, to the person who is designated under section 157 (a) and who is the lessee, named in the owner's certificates, of the vehicles. [en. B.C. Reg. 166/2006, Sch., s. 82; am. B.C. Regs. 341/2007, s. 11; 161/2019, s. 10; 62/2021, App. 4, s. 39; 116/2024, App. 3, ss. 24 and 25.] Fleetplan application 156 1 In addition to applying under Part 2, a person may apply and, if a fleet comprises more vehicles than the number established by the corporation, must apply in the form established by the corporation to insure the vehicles as a fleet. 2 An application under subsection (1) must include all eligible vehicles. 3 A leased vehicle is not eligible to be insured as part of the fleet of the person in whose name the leased vehicle is registered under the Motor Vehicle Act or Commercial Transport Act but may, if the vehicle is otherwise eligible, be insured as part of the lessee's fleet. 4 The corporation shall not accept an application from a garage service operator unless the garage service operator also applies for or is insured by a garage vehicle certificate. 5 The requirement of subsection (1) applies in the insurance year in which the fleet identity number is issued and in any subsequent insurance year in which there are more vehicles in the fleet than the number established by the corporation. [am. B.C. Regs. 449/88, s. 1; 404/94, s. 18; 441/98, s. 16; 166/2006, Sch., s. 83, as am. by B.C. Reg. 46/2007, Sch. 1, s. 10; 341/2007, s. 12; 116/2024, App. 3, s. 26.] Designation of fleet operator and fleet identity number 157 On approval of an application made under section 156, a the applicant is designated as the fleet operator of the fleet for which the application was made, b this Part and any other applicable provisions of this regulation apply to the fleet operator, and c the corporation shall issue a fleet identity number. Disclosure of fleet identity number 158 A fleet operator must set out the fleet identity number on every application for a new or renewed certificate or endorsement in respect of a vehicle in the fleet. [en. B.C. Reg. 452/2003, s. 7.] Continuation 159 1 Every fleet identity number shall continue to apply in an insurance year subsequent to the insurance year in which it was issued unless it is cancelled under section 160 before the beginning of the next insurance year. 2 Where the number of vehicles in a fleet falls below the minimum number established by the corporation during an insurance year, the remaining vehicles shall be deemed to continue as a fleet under the same fleet identity number for the unexpired portion of the insurance year. [am. B.C. Reg. 166/2006, Sch., s. 84.] Cancellation 160 The corporation may, on the written request of the fleet operator, cancel a fleet identity number. Responsibility of fleet operator 161 A fleet operator who is not the owner of a vehicle in the fleet for which the fleet operator is designated fleet operator must a is deemed to be duly authorized by an owner of the vehicle to act as the sole agent of the owner of the vehicle for the purposes of the Act and this regulation, and b is as responsible to the corporation in respect of any matter relating to the vehicle as is the owner of the vehicle. [am. B.C. Reg. 117/2021, App. 6, s. 25.] Designated expiry month 162 1 The designated expiry month for a fleet is a March, June, September or December, where any vehicle in the fleet is licensed under section 5.02 of B.C. Reg. 30/78, or b the designated expiry month selected by the fleet operator in an application under section 156, in any other case. 1.1 Notwithstanding subsection (1), the corporation may issue an owner's certificate for a vehicle in a fleet, other than a vehicle referred to in subsection (1) (a), a for a term of not less than 5 months plus one day and not more than 6 months, having an expiry date for that owner's certificate of the last day of the sixth month prior to the designated expiry month for the fleet, and b for any renewal of an owner's certificate referred to in paragraph (a) having an expiry date of the last day of the designated expiry month for the fleet. 2 The corporation may, on written request by the fleet operator made not less than 3 months before the end of the designated expiry month, change the designated expiry month for the fleet unless a the designated expiry month was changed under this section during the 3 years preceding the date of the request. b Repealed. [B.C. Reg. 404/94, s. 19.] 3 Where the period between the end of the old designated expiry month and the end of the new designated expiry month requested under subsection (2) is less than 3 months, the corporation may issue an owner's certificate for renewal of insurance for each vehicle in the fleet with an expiry date that changes the old designated expiry month to the new designated expiry month by means of 2 transitional renewal terms that together total not more than 14 months duration, one term being not less than 6 months and one term not less than 7 or more than 8, as the corporation may decide. 4 Where an owner's certificate is renewed under subsection (3), each transitional term shall, for the purpose of determining the loss experience of the fleet, be deemed to be one year. [am. B.C. Regs. 408/87, s. 38; 448/90, s. 26; 404/94, s. 19.] Repealed 163 and 164 Repealed. [B.C. Reg. 166/2006, Sch., s. 85.] Power of attorney 165 The corporation may act as and shall be deemed to be the duly appointed attorney of the fleet operator for all purposes relating to the insuring of each vehicle in the fleet, including cancellation of insurance. Cancellation of insurance on bankruptcy or winding up 166 1 Where a a proposal is made or proceedings are brought to i appoint a trustee or receiver for the property of a fleet operator, ii change the effective control or name of a fleet, or iii otherwise adversely change, wind up or terminate a fleet, and b no arrangement satisfactory to the corporation is made by the trustee, receiver, fleet operator or other responsible person to pay any earned but unpaid premium, the corporation may immediately treat the premium as balance due. 2 Where the trustee, receiver, fleet operator or other responsible person fails, on demand of the corporation, to pay any balance due under subsection (1), the corporation may, notwithstanding section 15.7, immediately treat the balance due as being in default and cancel all insurance under this Part for the fleet. [am. B.C. Reg. 383/89, s. 31.] Fleet premium adjustment 167 1 If an application made under section 156 to insure vehicles as a fleet has been approved, the corporation may, at the beginning of an insurance year, agree with the fleet operator to adjust at the end of that year the amount of premium payable for that year based on the total amount paid or payable by the corporation as a result of accidents that occurred during that year in respect of all vehicles in the fleet. 2 Repealed. [B.C. Reg. 166/2006, Sch., s. 85.] 3) and (4 Repealed. [B.C. Reg. 114/20224, App. 1, s. 9.] [en. B.C. Reg. 441/98, s. 17; am. B.C. Regs. 166/2006, Sch., ss. 85 and 86; 47/2020, Sch. 1, s. 4; 114/2024, App. 1, s. 9.] Fleet reporting certificate 168 1 Repealed. [B.C. Reg. 166/2006, Sch., s. 85.] 2 On receipt of the application and payment of the required premium, the corporation may, at its sole option, provide a fleet reporting certificate (APV-90) in the form established by it, with riders and endorsements. 3 A fleet reporting certificate issued under this section provides, during the term of the fleet reporting certificate, coverage under Parts 6, 7 and 10 of this regulation and Parts 10 and 11 of the Act, so long as the vehicles described in the fleet reporting certificate are operated in accordance with the terms and conditions set out in the fleet reporting certificate. 4 Repealed. [B.C. Reg. 166/2006, Sch., s. 85.] 5 A fleet operator who holds a fleet reporting certificate shall, on application for number plates for the vehicles that comprise the fleet to which the fleet reporting certificate is issued or for any renewal, replacement, change or substitution of those number plates and corresponding insurance, produce for inspection by the corporation the fleet reporting certificate issued to the fleet operator. [en. B.C. Reg. 448/90, s. 28; am. B.C. Regs. 324/91, s. 39; 438/92, s. 21; 312/96, s. 1; 166/2006, Sch., ss. 85 and 87; 234/2018, App. 2, s. 23; 62/2021, App. 4, s. 40.] 13 Optional Insurance Contracts Application of terms and conditions 169 1 Subject to subsections (2) to (4), the terms and conditions in Schedule 10 a are prescribed for optional insurance contracts that provide coverage that is not described in subsection (4), b form part of those optional insurance contracts, c apply only in respect of the coverage referred to in paragraph (a) that is provided by those optional insurance contracts, and d must be printed on every policy evidencing those optional insurance contracts, other than an interim receipt, a renewal receipt or a binder, with the heading "Prescribed Conditions". 2 Prescribed condition 4 does not form part of an optional insurance contract that does not provide third party liability insurance coverage. 3 Prescribed conditions 5, 6, 7 and 9 do not form part of an optional insurance contract that does not provide coverage for loss of or damage to the vehicle specified in the contract. 4 Prescribed conditions 10 and 11 of Schedule 10 a are prescribed for optional insurance contracts that provide coverage that is the extension of the limit of coverage specified in a certificate or in a policy that extends the limit of coverage specified in a certificate, with or without prohibitions, exclusions or different limits of coverage that are permitted under 61 (1.1) of the Act, to a limit that is in excess of that provided by a certificate, b form part of those optional insurance contracts, and c must be printed on every policy evidencing those optional insurance contracts, other than an interim receipt, a renewal receipt or a binder, with the heading "Prescribed Conditions". 5 If any of subsections (2) to (4) apply to a contract, the terms and conditions printed on a policy as required by subsection (1) or (4) may be renumbered consecutively. [en. B.C. Reg. 166/2006, Sch., s. 88, as am. by B.C. Reg. 46/2007, Sch. 1, s. 11.] What must be printed on an extension policy 170 1 The following must be printed on every policy, other than an interim receipt, a renewal receipt or a binder, that evidences coverage that extends the limit of coverage specified in a certificate or another policy: Coverage provided by this contract that extends the limit of coverage that is specified in a certificate or a policy is provided on the same terms and conditions of the coverage that is extended, except in respect of a prohibition, exclusion or different limit of coverage that is permitted by the Insurance (Vehicle) Act . 2 If the prescribed conditions are required to be printed on a policy under section 169, the words in subsection (1) must be printed on the policy immediately above the prescribed conditions. [en. B.C. Reg. 166/2006, Sch., s. 88.] Rounding of premiums and refunds 170.1 An optional insurance contract may include, as a term of the contract, either or both of the following with respect to any premium payable or refundable under prescribed condition 2 or 10: a that any premium or refund shall be rounded to the nearest dollar and an amount ending in 50¢ shall be raised to the next higher dollar; b that no payment shall be required and no refund shall be made if the rounded total is less than $5. [en. B.C. Reg. 46/2007, Sch. 2, s. 2.] Extended underinsured motorist protection 171 1 If an insured covered by extended underinsured motorist protection commences an action in British Columbia against a person who may be an underinsured motorist, the insurer may apply to the court to be added as a party to that action. 2 If the laws of British Columbia applied to an action referred to in subsection (1), a judgment in the action by a court in British Columbia is binding on the insurer and on an arbitrator under section 148.2 whether or not the insurer makes an application under subsection (1). [en. B.C. Reg. 166/2006, Sch., s. 88.] Payment of costs and interest 172 If an optional insurance contract is evidenced by a vehicle liability policy, the insurer must, in addition to the amount by which liability is limited under the contract, a reimburse an insured for reasonable payments for emergency medical aid necessary to a person injured as the result of an accident for which indemnity is payable under the contract, if reimbursement is not provided to the insured under other vehicle insurance or by another insurer, b pay costs incurred for fire extinguishers, jacks or other necessary emergency equipment or supplies provided to the insured, c pay that proportion of the costs taxed against an insured in an action respecting a claim under the contract that i the amount offered by the insurer as its total liability for indemnity to the insured under the contract in an offer to settle served in accordance with the Supreme Court Civil Rules bears to ii the aggregate of all special and general damages awarded in respect of the occurrence for which the claim is made, d pay i prejudgment interest under the Court Order Interest Act or similar legislation of another jurisdiction, and ii post-judgment interest under the Interest Act (Canada) or similar legislation of another jurisdiction on that part of the judgment that is within the limit under the contract, and e if indemnity is provided to the insured under 2 or more optional insurance contracts and one or more of them is for excess insurance provided by an insurer other than the insurer named in the contract, contribute to the payment of expenses, costs and reimbursements for which provision is made in this section in accordance with the respective liabilities of that other insurer and the insurer named in the contract for i damages awarded against the insured, or ii the amount payable under a settlement made on behalf of the insured. [en. B.C. Reg. 166/2006, Sch., s. 88; am. B.C. Reg. 156/2010, s. (a).] Rights of insurer 173 Subject to section 79 of the Act, on assuming the defence of an action for damages brought against an insured, the insurer has exclusive conduct and control of the defence of the action and, without limiting the generality of the foregoing, the insurer is entitled to a appoint and instruct counsel to defend the action, b admit liability, in whole or in part, on behalf of the insured, c participate in any non-judicial process which has as its goal the resolution of a claim, and d compromise or settle the action. [en. B.C. Reg. 166/2006, Sch., s. 88.] Exceptions from liability 174 An insurer is not liable under an optional insurance contract evidenced by a vehicle liability policy for any liability for a general or special assessment, penalty or premium payable under the Workers Compensation Act or a similar law of another jurisdiction. [en. B.C. Reg. 166/2006, Sch., s. 88.] Nuclear energy hazards 175 1 In this section, nuclear energy hazard means the radioactive, toxic, explosive or other hazardous properties of nuclear substances within the meaning of the Nuclear Safety and Control Act (Canada).

2 If an insured is covered under an optional insurance contract evidenced by a vehicle liability policy for loss or damage resulting from a nuclear energy hazard and is also covered against such loss or damage under a contract evidenced by a policy of nuclear energy hazard liability insurance issued by a group of insurers and in force at the time of the event giving rise to the loss or damage, a the vehicle insurance is excess to the nuclear energy hazard liability insurance, and b an unnamed insured under the contract of nuclear energy liability insurance may, in respect of such loss or damage, recover indemnity under that contract in the same manner and to the same extent as if named in it as the insured, and for that purpose the unnamed insured is deemed to be a party to the contract and to have given consideration for it. 3 For the purposes of this section, a contract of nuclear energy hazard liability insurance is deemed to be in force at the time of the event giving rise to the loss or damage, even though the limits of liability under it have been exhausted. [en. B.C. Reg. 166/2006, Sch., s. 88; am. B.C. Reg. 62/2021, App. 4, s. 41.] Disputes about vehicle loss or damage 176 1 In this section and in section 177, coverage dispute means, in relation to insurance against loss of or damage to a vehicle or the loss of use of a vehicle, a dispute between the insured and the insurer as to a the nature and extent of required repairs or replacement, or b the value of the direct loss of or damage to the vehicle. 2 Subject to subsection (3), a coverage dispute, unless resolved voluntarily by the parties to it, must be resolved by arbitration under section 177. 3 A coverage dispute must not be submitted for arbitration more than 2 years after the occurrence of the loss or damage. [en. B.C. Reg. 166/2006, Sch., s. 88; am. B.C. Regs. 62/2021, App. 4, s. 42; 114/2024, App. 1, s. 10.] Arbitration process 177 1 If a coverage dispute is, under section 176 (2), required to be submitted to arbitration, the insured or the insurer may refer the matters in dispute to arbitration in accordance with the Arbitration Act . 2 If the insured and the insurer are unable to agree on the appointment of an arbitrator, the insured or the insurer may apply to the British Columbia Arbitration and Mediation Institute to appoint an arbitrator. 3 An arbitrator appointed under subsection (1) or (2) must, a within 7 calendar days after the arbitrator's appointment, serve notice of the appointment on the insured and the insurer, and b promptly after the arbitrator's appointment, i meet or communicate with the insured and the insurer, ii gather relevant information, iii set a schedule for submission of documents, iv set a date on which an award will be made, and v deliver the written award with full reasons and documentation by registered mail to the insured and the insurer. 4 The insured and the insurer must share equally any costs incidental to the arbitration, including the costs of the arbitrator. [en. B.C. Reg. 166/2006, Sch., s. 88; am. B.C. Regs. 62/2021, App. 4, s. 43; 117/2021, App. 6, s. 26; 114/2024, App. 1, s. 10.] Priority of claims 178 For the purpose of payment of claims under third party liability insurance coverage, claims arising out of injury or death have priority over claims arising from loss or damage to property to the extent of 90% of the amount by which liability is limited under the plan or optional insurance contract and, subject to section 77 (1) of the Act, claims arising out of loss or damage to property have priority over claims arising out of injury or death to the extent of 10% of the amount by which liability is limited under the plan or optional insurance contract. [en. B.C. Reg. 166/2006, Sch., s. 88.] Other priorities 179 Subject to section 175, insurance coverage under an optional insurance contract evidenced by an owner's policy of the kind referred to in section 57.1 of the Act, is, in respect of liability arising from or occurring in connection with the ownership, use or operation of a vehicle owned by the insured named in the optional insurance contract and within the description or definition of the vehicle in the policy, primary insurance, and insurance under any other vehicle liability policy is excess insurance only. [en. B.C. Reg. 166/2006, Sch., s. 88.] 14 Vehicle Actions Net income loss 180 The deductions, tax credits and premiums prescribed for the purposes of the definition of "net income loss" in section 95 of the Act are a the deductions and tax credits under the Income Tax Act and the Income Tax Act (Canada) and the premiums under the Employment Insurance Act (Canada) that apply, in the period in respect of which the net income loss is to be calculated, to the person in respect of whom the calculation of net income loss is being made, or b for a person referred to in paragraph (b) of the definition of "net income loss", any deductions, tax credits and premiums that apply to the person in respect of whom the calculation of net income loss is being made i in the jurisdiction in which the person is liable to pay tax on income, and ii in the period in respect of which the net income loss is to be calculated. [en. B.C. Reg. 166/2006, Sch., s. 88.] 15 Lender's Liability Motor vehicles and lenders to which liability limit in section 82.1 of Act does not apply 181 The liability limit in section 82.1 (1) of the Act does not apply to any of the following: a a taxi, bus or limousine use vehicle that has a seating capacity of 8 or more persons, including the driver; b a lender of a taxi, bus or limousine use vehicle if the lender leases or rents the taxi, bus or limousine use vehicle to a person who is not at arm's length from that lender; c a TNS-only vehicle operated under a transportation network services authorization if i the vehicle has a seating capacity of 8 or more persons, including the driver, and ii the loss or damage arises when A the vehicle has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and B a person is operating the vehicle for the purposes of picking up, transporting or dropping off those passengers; d a lender of a vehicle operated as a TNS-only vehicle under a transportation network services authorization if i the lender leases or rents the TNS-only vehicle to a person who is not at arm's length from that lender, and ii the loss or damage arises in the circumstances referred to in paragraph (c) (ii). [en. B.C. Reg. 161/2019, s. 11; am. B.C. Regs. 48/2020, s. 5; 116/2024, App. 3, s. 28.] Schedules 1 and 2 Repealed. [B.C. Reg. 166/2006, Sch., s. 89.] Schedule 3 Limits of Coverage (section 49.1 (1), 67 (1), 69, 80 (1), 84 (1), 88 (5), 91, 92 (1) and (2), 93 (1) and (2), 105 (1) and (2), 124 (3), 148 (3) and 148.1 (5)) Coverage under Part 4 or 6 1 1 In this section: extra-provincial truck undertaking means an extra-provincial truck undertaking as defined in the Motor Vehicle Transport Act, 1987 (Canada); freight includes personal property of every description that may be conveyed on a motor vehicle or trailer, but does not include a passenger's personal baggage. 1.1 For the purpose of section 49.1 (1), the amount by which the liability of the corporation is limited is $200 000. 2 For the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1985, is, a in the case of claims made in respect of a bus, $500 000, including personal baggage of passengers but not including any other freight, b in the case of claims made in respect of a taxi or a limousine use vehicle, $300 000, including personal baggage of passengers but not including any other freight, and c in any other case, $200 000. 3 Repealed. [B.C. Reg. 257/86, s. 41.] 4 Notwithstanding subsection (2) (c), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1994, is, a in the case of claims made in respect of an extra-provincial truck undertaking other than as described in paragraph (b), $1 million, or b in the case of claims made in respect of an extra-provincial truck undertaking used for the transport of dangerous goods as described in section 4 (1) (b) of the Extra-Provincial Truck Undertaking Licencing Regulations made under the Motor Vehicle Transport Act, 1987 (Canada), $2 million. 5 Subject to subsection (6) and notwithstanding subsections (2) and (4), for the purpose of section 67, the amount by which the liability of the corporation is limited for payment of indemnity to an insured in respect of claims arising out of an accident occurring on or after January 1, 1995 is a $1 million, in the case of claims made in respect of i a taxi, or ii a bus or limousine use vehicle, b $1 million, in the case of claims made in respect of an accident that occurs when a TNS-only vehicle operated under a transportation network services authorization i has been hailed by or for passengers through the use of the online platform to which the transportation network services authorization relates, and ii is being operated for the purposes of picking up, transporting or dropping off those passengers, c $1 million, in the case of claims made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer, other than one described in paragraph (d), used for commercial purposes and required to be registered and licensed under the Commercial Transport Act , or d $2 million, in the case of claims made in respect of a commercial motor vehicle in excess of 5 000 kg gross vehicle weight, or a trailer that is used for i commercial purposes and required to be registered and licensed under the Commercial Transport Act , and ii the transportation of dangerous goods that requires an emergency response assistance plan, as defined in the Transportation of Dangerous Goods Act (Canada), to be approved under that Act. 5.1 Claims referred to in subsection (5) (a) include claims made in respect of the personal baggage of passengers but do not include claims made in respect of any other freight. 5.2 Claims referred to in subsection (5) (b), if those claims relate to an accident that occurs when there are passengers in the vehicle, include claims made in respect of the personal baggage of the passengers but do not include claims made in respect of any other freight. 6 Subsection (5) does not apply to a certificate, policy or endorsement that was effective in 1994. [am. B.C. Regs. 335/84, ss. (a) and (b); 257/86, s. 41; 324/91, s. 49; 379/93, s. 15; 404/94, s. 22; 491/95, s. 33 (a); 404/99, s. 3; 166/2006, Sch., s. 90; 161/2019, s. 12; 48/2020, s. 6; 117/2021, App. 6, s. 27.] Disability benefits 2 The amount of any disability benefits a payable under section 80 in respect of an accident is $740 a week, or b payable under section 84 in respect of an accident occurring on or after January 1, 1987 is $280 a week. [en. B.C. Reg. 383/89, s. 43; am. B.C. Regs. 448/90, s. 38; 234/2018, App. 2, s. 24.] Medical or rehabilitation benefits 3 1 For the purpose of section 88, the amount by which the liability of the corporation is limited is the amount set out in a the certificate providing coverage for the accident, or b if more than one certificate provides coverage, in the certificate providing the higher or highest limit or coverage. 2 Despite subsection (1), the amount by which the liability of the corporation is limited in respect of each insured injured a in the same occurrence on or after January 1, 1990 and before January 1, 2018 must not exceed $150 000, and b in the same occurrence on or after January 1, 2018 must not exceed $300 000. 3 The maximum amount that may be reimbursed under section 88 (2) (d.1) for health care supplies, health care services or a combination of health care supplies and health care services is $1 000. 4 The amount referred to in subsection (3) is part of the maximum amounts set out in subsection (2). [am. B.C. Regs. 379/85, s. 59; 383/89, s. 43; 105/2018; 234/2018, App. 2, s. 25.] Funeral expenses 4 The maximum amount of funeral expenses that may be reimbursed under section 91 in respect of an accident occurring on or after January 1, 1996 is $7 500. [am. B.C. Regs. 383/89, s. 43; 491/95, s. 33 (b); 234/2018, App. 2, s. 26.] Repealed 5 to 8 Repealed. [B.C. Reg. 234/2018, App. 2, s. 27.] Claims under section 20 or 24 of the Act 9 1 With respect to an accident occurring on or after January 1, 1985, for the purpose of section 105 (1), the amount by which the liability of the corporation is limited is $200 000. 2 With respect to an accident occurring on or after January 1, 2002, for the purpose of section 105 (2) or (3), the amount is limited to the amount by which the damage exceeds $750. [am. B.C. Regs. 335/84, s. 42; 254/93, s. 2; 259/2001, s. 7; 62/2021, App. 4, s. 44.] Repealed 10 and 11 Repealed. [B.C. Reg. 117/2021, App. 6, s. 28.] Weekly benefit multiplier 12 For the purpose of section 80 (1) (b) (i) and (ii), the weekly benefit multiplier is as set out in Table 1. Table 1 — Weekly Benefit Multiplier (section 80 (1)) Column A Year of Accident Column B  Weekly Benefit Multiplier 1974 3.119 1975 2.906 1976 2.399 1977 2.134 1978 1.958 1979 1.850 1980 1.727 1981 1.555 1982 1.369 1983 1.260 1984 1.199 1985 1.187 1986 1.161 1987 1.158 1988 1.131 1989 1.106 1990 1.034 [en. B.C. Reg. 448/90, s. 38; am. B.C. Reg. 438/92, s. 29.] UMP coverage 13 For the purpose of Division 2 of Part 10, the limit of coverage for underinsured motorist protection is $1 million per insured person. [en. B.C. Reg. 324/91, s. 49; am. B.C. Regs. 113/92; 438/92, s. 30.] Schedule 3.1 [en. B.C. Reg. 234/2018, App. 2, s. 28; am. B.C. Reg. 54/2025, Sch. C, s. 2.] Health Care Services, Fee Limits and Pre-Authorized Treatments Repealed 1 Repealed. [B.C. Reg. 54/2025, Sch. C, s. 2 (a).] Table 1 Item Column A Health Care Service Column B Fee Limit for Assessment Visit Column C Fee Limit for Standard Treatment Column D Number of Pre-Authorized Treatments 1 Acupuncture $132 $113 12 2 Chiropractic $121 $75 25 3 Kinesiology $117 $94 12 4 Massage therapy $128 $105 12 5 Physical therapy $151 $95 25 Table 2 Item Column A Health Care Service Column B Fee Limit for Assessment Visit and Report Column C Fee Limit for Standard Treatment Column D Number of Pre-Authorized Treatments 1 Counselling $262 $157 12 2 Psychology $723 $241 12 Table 3 Item Column A Health Care Service Provided by Physician Column B Fee Limit for Health Care Service Provided by Physician 1 Standard assessment and report $194 2 Extended assessment and report $390 3 Reassessment and report $251 Schedule 4 [en. B.C. Reg. 132/2007.] Prescribed Forms for Accidents Occurring Before May 1, 2021 (section 108) Statutory Declaration (Application Under Section 20 of the Insurance (Vehicle) Act) Claims Division CLAIM NUMBER  LOC. RESOURCE NUMBER                I, ............................................................... [ name ], of ..................................................................... [ address ] (hereinafter called the "Applicant"), born the ........... day of ...............................[ month ], ........[ year ], apply to the Insurance Corporation of British Columbia under section 20 of the Insurance (Vehicle) Act , and solemnly declare: 1 THAT the death of/bodily injury to, or loss of/damage to property of the Applicant was accidentally caused by or arose out of use or operation on a highway on the ..........[ day ] day of ........................[ month ], ................[ year ] at or near ........................................ in the Province of British Columbia, of a motor vehicle (hereinafter called the "uninsured motor vehicle") displaying .............................................. [ prov. or state ] plate ................................ [ number ] owned by ............................................................[ name ] of .....................................................................[ address ] and driven by ........................................[ name ] of ................................................................. [ address ]. 2 THAT I am informed and believe that on the date and at the time of the death/bodily injury/loss of or damage to property described in paragraph one, the uninsured motor vehicle was not insured by a valid and subsisting Owner's Certificate/Policy of Insurance. 3 THAT the Applicant is/was a resident of ......................................................................[ prov. or state ] and as a result of the death/bodily injury, is not entitled to or protected by: (a) BC Medical Insurance/BC Hospital Insurance/BC Workers' Compensation benefits; (b) Medical Insurance/Hospital Insurance/BC Workers' Compensation under a public/private plan or law of this or any other jurisdiction. 4 THAT as a result of the death/bodily injury/loss of/damage to property, the Applicant is/is not entitled to indemnity from any public/private Insurance Company/Insurance Plan for the death/bodily injury/loss of/damage to property. I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at .................................)  In the Province of British Columbia, this )   .................................................................. .............day of ............................. A.D. ............. )   Applicant .........................................................................  Signature  A Notary Public in and for the Province of British Columbia A Commissioner for Taking Affidavits for British Columbia CL-42 (111999) Statutory Declaration Statutory Notice — Section 20 Uninsured Motorist  CERTIFIED MAIL NUMBER CLAIM NUMBER  LOC CODE RESOURCE NAME RESOURCE NUMBER TELEPHONE NUMBER                  Statutory Notice Under Section 20 'Uninsured Vehicles' of the Insurance (Vehicle) Act Date Mailed........................................................... To ......................................................................... .............................................................................. and ........................................................................ .............................................................................. Take notice that on the ........... day of .........................., ............, the Insurance Corporation of British Columbia received a Statutory Declaration executed by .......................................................................... applying for payment of damages arising from bodily injury to or death of a person or loss of or damage to property caused by or arising out of your ownership or your operation of an uninsured motor vehicle displaying a .................................... [ province or state ] number plate ........................... [ licence number ] owned by ...................................................................................................................................................... of .................................................................................................................................................. [ address ] and driven by ................................................................................................................................................ of .................................................................................................................................................. [ address ] on a highway on the ........... day of .........................., at or near .................................................... in the Province of British Columbia. And further take notice that if within 14 days after receipt by you of this notice, which notice you are deemed to have received on the eighth day after mailing of the notice by the Corporation, you do not reply to the Corporation, either denying liability for the incident described above or making arrangements satisfactory to the Corporation for the disposition or settlement of the demand contained in or presented by the Application, the Corporation may settle with or consent to judgment in favour of any applicant or the Corporation may take such other action as is authorized by section 20 of the Insurance (Vehicle) Act , including paying all or part of a settlement or judgment, and upon further notice to you, the Corporation may demand reimbursement from you of the payments with interest thereon or the Corporation may take such other action as may be necessary to recover the amounts of the payments. Insurance Corporation of British Columbia Per .................................................................... Return Address .......................................................................... .......................................................................... c.c Applicant CL-263 (042007) Statutory Notice — Section 20 Uninsured Motorist Schedule 4.1 [en. B.C. Reg. 62/2021, App. 4, s. 46.] Prescribed Forms for Accidents Occurring On or After May 1, 2021 (Section 108) Statutory Application Form Schedules 5 and 6 Repealed. [B.C. Reg. 166/2006, Sch., s. 89.] Schedule 7 Repealed. [B.C. Reg. 234/2018, App. 2, s. 29.] Schedules 8 and 9 Repealed. [B.C. Reg. 166/2006, Sch., s. 89.] Schedule 10 Prescribed Conditions (section 169) Application and interpretation 1 1 In these conditions: insured means a person who, whether named or not, is insured by this optional insurance contract; territory means a territory established by the insurer; vehicle rate class means a vehicle rate class established by the insurer. 2 These conditions apply only in respect of coverage provided by this contract that does not extend the limit of coverage that is specified in a certificate or a policy to a limit that is in excess of that provided by the certificate or policy. [en. B.C. Reg. 166/2006, Sch., s. 93.] Changes during term of contract 2 1 In this section, the territory in which the vehicle is primarily located when not in use means the territory in which the place where the vehicle is kept when not being driven is located. 2 The insured named in this contract must, a within 10 days after i the named insured's address is changed from the address set out in this contract, or ii the named insured acquires a substitute vehicle for the vehicle described in this contract, or b before i the use of the vehicle described in this contract is changed to a use to which a different vehicle rate class applies than the vehicle rate class applicable to the use set out in this contract, or ii a vehicle in respect of which the premium is established on the basis of the territory in which a vehicle of that vehicle rate class is used or principally used, as the case may be, is used or principally used in a different territory than that set out in this contract, report the change of address, vehicle, use or territory to the insurer, and pay or be refunded the resulting difference in premium. 3 If the premium for a vehicle is established on the basis of the territory in which the vehicle is primarily located when not in use and that territory as set out in this contract is changed, the insured named in this contract must, unless the vehicle is being used by the insured for vacation purposes, report the change to the insurer within 30 days of the change, and pay or be refunded the resulting difference in premium. [en. B.C. Reg. 166/2006, Sch., s. 93; am. B.C. Reg. 46/2007, Sch. 1, s. 13.] Prohibited use 3 1 The insurer is not liable to an insured who breaches this condition or a subcondition of this condition. 2 An insured must not operate a vehicle for which coverage is provided under this contract a if the insured is not authorized and not qualified by law to operate the vehicle, b for an illicit or prohibited trade or transportation, c to escape or avoid arrest or other similar police action, or d in a race or speed test. 3 An insured does not contravene subcondition (2) merely because the insured operates a vehicle in contravention of a restriction or condition imposed on the driver's licence of the insured by section 30.06 (2), 30.07 (1) or (3), 30.071 (1), 30.08 (1), 30.10 (2) or (4) or 30.11 (1) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58. 4 An insured must not operate a vehicle for which coverage is provided under this contract contrary to the statements contained in the application for insurance for the vehicle, including, but not limited to, a the use declared in the application for insurance for the vehicle, b a statement relating to the time during which, and the territories in which, the vehicle may be operated, or c a statement relating to the kind of goods, or number of passengers, that may be carried in or on the vehicle. 5 Use of a vehicle does not contravene subcondition (4) if the premium paid for the vehicle rate class applicable to the use set out in the application for insurance is greater than or equal to the premium established by the insurer for the vehicle rate class that is applicable to the use to which the vehicle is put. 6 An insured must not operate a motor vehicle for which coverage is provided under this contract if there is attached to the motor vehicle a trailer that is required to be registered and licensed under the Motor Vehicle Act or Commercial Transport Act and that is not registered and licensed under the Motor Vehicle Act or Commercial Transport Act . 7 An insured named in this contract must not permit the vehicle described in this contract to be operated by a person or for a purpose that breaches this condition or a subcondition of this condition or would breach this condition or subcondition of this condition if the person were an insured. 7.1 An insured must not operate a vehicle, in circumstances in which third party liability insurance coverage provided by a blanket certificate is extended under this contract, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in a a breach of the extended coverage provided under this contract, b the invalidity of a claim under the extended coverage provided under this contract, or c the forfeiture of a right under the extended coverage provided under this contract. 7.2 An insured named in an owner's certificate issued in respect of a vehicle must not permit the vehicle to be operated, in circumstances in which third party liability insurance coverage provided by a blanket certificate is extended under this contract, if the insured does, omits to do, participates in, assents to or acquiesces in anything that results in a breach, the invalidity of a claim or the forfeiture of a right referred to in subsection (7.1). 8 It is a breach of this condition if the injury, death, loss or damage in respect of which a claim is made by an insured is caused by or results from an intentional act of violence committed by the insured by means of a vehicle unless the insured is a mentally disordered person at the time of the act. 9 It is a breach of this condition if a an insured is operating a vehicle while the insured is under the influence of intoxicating liquor or a drug or other intoxicating substance to such an extent that the insured is incapable of proper control of the vehicle, b an insured is convicted of i a motor vehicle related Criminal Code offence, ii an offence under section 95 or 102 of the Motor Vehicle Act , or iii an offence under a provision of the law of another jurisdiction in Canada or a jurisdiction of the United States of America that is similar to a provision referred to in subparagraph (i) or (ii), or c an insured is convicted of an offence committed before December 18, 2018 i under section 253 (1) (b) of the Criminal Code , or ii Repealed. [B.C. Reg. 117/2021, App. 6, s. 30 (d).] iii under a provision of the law of a jurisdiction of the United States of America that is similar to a provision referred to in subparagraph (i), and the accident in respect of which the insured's claim is made occurred during the insured's commission of the offence and while the insured was operating a vehicle. d Repealed. [B.C. Reg. 117/2021, App. 6, s. 30 (g).] 10 In subcondition (9): convicted includes being a found guilty under the Youth Criminal Justice Act (Canada) of contravening i a provision referred to in the definition of "motor vehicle related Criminal Code offence", or ii in the case of a contravention occurring before December 18, 2018, a provision referred to in subsection (9) (c) (i), and b convicted or subject to a similar result in a jurisdiction of the United States of America under a law similar to the Youth Criminal Justice Act (Canada) for contravening a provision of the law of that jurisdiction referred to in subsection (9) (b) (iii) or (c) (iii); motor vehicle related Criminal Code offence means any of the following offences that an insured commits while operating or having care or control of a vehicle or by means of a vehicle: a an offence under section 220 or 221 of the Criminal Code ; b an offence committed before December 18, 2018 under any of the following provisions of the Criminal Code : i section 249; ii section 252; iii section 253 (1) (a); iii.1 section 254 (5); iv section 255 (2); v section 255 (3); vi section 259 (4); c an offence committed on or after December 18, 2018 under any of the following provisions of the Criminal Code : i section 235; ii section 236; iii section 239 (1); iv section 320.13 (1); v section 320.13 (2); vi section 320.13 (3); vii section 320.14 (1) (a); viii section 320.14 (1) (b); ix section 320.14 (1) (c); x section 320.14 (1) (d); xi section 320.14 (2); xii section 320.14 (3); xiii section 320.15 (1); xiv section 320.15 (2); xv section 320.15 (3); xvi section 320.16 (1); xvii section 320.16 (2); xviii section 320.16 (3); xix section 320.18 (1). [en. B.C. Reg. 166/2006, Sch., s. 93; am. B.C. Regs. 3/2010, s. (b); 253/2018, s. 2; 161/2019, s. 13; 117/2021, App. 6, ss. 29 to 31; 304/2021, s. (b); 114/2024, App. 1, s. 11.] Requirements if loss or damage to persons or property 4 If this contract provides third party liability insurance coverage, the insured must a promptly give the insurer written notice, with all available particulars, of i any accident involving death, injury, damage or loss in which the insured or a vehicle owned, leased, rented or operated by the insured has been involved, ii any claim made in respect of the accident, and iii any other insurance held by the insured providing coverage for the accident, b on receipt of a claim, legal document or correspondence relating to a claim, immediately send the insurer a copy of the claim, document or correspondence, c cooperate with the insurer in the investigation, settlement or defence of a claim or action, d except at the insured's own cost, assume no liability and settle no claim, and e allow the insurer to inspect an insured vehicle or its equipment or both at any reasonable time. [en. B.C. Reg. 166/2006, Sch., s. 93; am. B.C. Reg. 114/2024, App. 1, s. 12.] Requirements if loss of or damage to vehicle 5 1 If loss of or damage to the vehicle insured under this contract occurs, the insured must, if the loss or damage is covered by this contract, a on the occurrence of loss or damage i promptly notify the insurer of the loss or damage, and ii file a written statement with the insurer setting out all available information on the manner in which the loss or damage occurred, and b within 90 days after the occurrence of the loss or damage file a proof of loss. 2 The insurer may require that a proof of loss be sworn by the person filing it. 3 If loss of or damage to a vehicle that is covered by this contract occurs, the insured or operator of the vehicle a must, at the expense of the insurer, protect the vehicle as far as reasonably possible from further loss or damage, and b until the insurer has had a reasonable opportunity to inspect the vehicle, must not, without the consent of the insurer, remove any physical evidence of the loss or damage to the vehicle or make any repairs to the vehicle, other than repairs that are immediately necessary to protect the vehicle from further loss or damage. 4 The insurer is not liable under this contract a for loss or damage resulting from the failure of an insured or operator to comply with subcondition (3) (a), or b to an insured if the insured or an operator, to the prejudice of the insurer, contravenes subcondition (3) (b). 5 The liability of the insurer for payment of indemnity for loss or damage to the vehicle is limited to the amount by which a the cost of repairing or replacing the vehicle and its equipment or any part of it with material of a similar kind or quality, b the declared value of the vehicle and its equipment, if appropriate, or c the actual cash value of the vehicle and its equipment, whichever is least, exceeds the deductible amount set out in this contract. 6 The insurer is not liable for that part of the cost of repair or replacement that improves a vehicle beyond the condition in which it was before the loss or damage occurred. 7 The insurer may determine a whether a vehicle and its equipment or any part of it will be repaired or replaced, and b whether to pay a garage service operator in respect of a repair or replacement instead of making a payment to the insured. 8 The liability of the insurer for loss or damage to an obsolete part of an insured vehicle, or a part the manufacturer does not have in stock, is limited to the price at which the part was last listed on the manufacturer's price list. 9 If the insurer replaces a vehicle or pays to an insured the declared value or actual cash value of a vehicle or its equipment or both, less any applicable deductible amount in accordance with subcondition (5), a the insurer is entitled, at its option, to the salvage in the vehicle or its equipment or both, and b the insured must, on request of the insurer, execute any documents necessary to transfer to the insurer title to the vehicle or its equipment or both. 10 If an insured is a co-insurer under this contract of any loss or damage to a vehicle or its equipment or both, a the insurer has conduct of the sale or other disposition of the salvage in the vehicle or its equipment or both, and b the insured is entitled to share in the proceeds of the sale or other disposition of the salvage in the vehicle or its equipment or both in the same proportion as the insured is a co-insurer of the loss or damage. 11 The insured must not leave a vehicle or its equipment or both with the insurer without its consent, refuse to take delivery of the insured's vehicle or its equipment or both from the insurer or otherwise abandon a vehicle or its equipment or both to the insurer without its consent. [en. B.C. Reg. 166/2006, Sch., s. 93; am. B.C. Reg. 114/2024, App. 1, s. 13.] Statutory declaration 6 1 If required by the insurer, the insured must, on the occurrence of loss or damage for which coverage is provided by this contract, deliver to the insurer within 90 days after the occurrence of the loss or damage a statutory declaration stating, to the best of the insured's knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the insured and of all others in the vehicle, the encumbrances on the vehicle, all other insurance, whether valid or not, covering the vehicle and that the loss or damage did not occur through any wilful act or neglect, procurement, means or connivance of the insured. 2 An insured who has filed a statutory declaration must a on request of the insurer, submit to examination under oath, b produce for examination, at a reasonable time and place designated by the insurer, all documents in the insured's possession or control relating to the loss or damage, and c permit copies of the documents to be made by the insurer. [en. B.C. Reg. 166/2006, Sch., s. 93.] Inspection of vehicle 7 The insured must permit the insurer at all reasonable times to inspect the vehicle and its equipment. [en. B.C. Reg. 166/2006, Sch., s. 93.] Time and manner of payment of insurance money 8 1 The insurer must pay the insurance money for which it is liable under this contract within 60 days after the proof of loss or statutory declaration has been received by it or, if an arbitration is conducted under section 177 of the Insurance (Vehicle) Regulation, within 15 days after the award is rendered. 2 The insured must not bring an action to recover the amount of a claim under this contract unless the requirements of conditions 4, 5 and 6 are complied with and until the amount of the loss has been ascertained by an arbitrator under section 177, by a judgment after trial of the issue or by written agreement between the insurer and the insured. 3 Every action or proceeding against the insurer in respect of loss or damage for which coverage is provided under this contract must be commenced within 2 years from the occurrence of the loss or damage. [en. B.C. Reg. 166/2006, Sch., s. 93.] Who may give notice and proof of claim 9 Notice of a claim related to loss or damage of the vehicle may be given and proof of claim and a statutory declaration may be made a by the agent of the insured named in this contract in case of absence or inability of the insured to give the notice or make the proof or statutory declaration, if the absence or inability is satisfactorily accounted for, or b if the insured refuses to do so, by a person to whom any part of the insurance money is payable. [en. B.C. Reg. 166/2006, Sch., s. 93.] Termination 10 1 This contract may be terminated a by the insured named on this contract at any time on request, and b by the insurer not less than i 5 days after the insurer gives written notice of termination to the insured in person, or ii 15 days after the insurer sends, by registered mail, written notice of termination to the last address of the insured according to the insurer's records. 2 On termination the insurer must refund the excess of premium actually paid by the insured over the proportionate premium for the expired time less any debt owed by the insured to the insurer, but in no event must the proportionate premium for the expired time less any debt owed by the insured to the insurer be less than any minimum retained premium specified in this contract. 3 If this contract is terminated by the insurer, the refund must accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case the refund must be made as soon as practicable. [en. B.C. Reg. 166/2006, Sch., s. 93.] Notice 11 1 A written notice to the insurer may be delivered at, or sent by registered mail to, the head office of the insurer in British Columbia or to a person appointed as an agent by the insurer for the purpose of receiving notices. 2 Written notice may be given to the insured named in this contract by letter personally delivered to the insured or by registered mail addressed to the insured at the insured's latest address according to the insurer's records. 3 In this condition and condition 10, registered means registered in or outside Canada. [en. B.C. Reg. 166/2006, Sch., s. 93.] [Provisions relevant to the enactment of this regulation: Insurance (Vehicle) Act , R.S.B.C. 1996, c. 231, ss. 34, 45, 45.1, 72, 94, 169, 180 and 181.]