Part 0.1 — Definitions, Application and Entitlements
1 (1) In this Act:
"action" includes proceedings brought in the civil resolution tribunal as an accident claim under the Civil Resolution Tribunal Act;
"activities of daily living" means the following activities:
(a) preparing personal meals;
(b) managing personal finances;
(c) shopping for personal needs;
(d) using public or personal transportation;
(e) performing housework to maintain a place of residence in acceptable sanitary condition;
(f) performing personal hygiene and self-care;
(g) managing personal medication;
(h) any other prescribed activity;
"applicant" means a person who applies for insurance;
"benefits" , except in sections 83 and 84, means benefits payable under Part 1 and any amounts payable under Part 10;
"blanket certificate" means a class of certificate issued under the plan to a person referred to in section 35.1 (2);
"certificate" means a certificate of universal compulsory vehicle insurance issued under Part 1 or the regulations under that Part;
"commission" means the British Columbia Utilities Commission continued under section 2 of the Utilities Commission Act;
"corporation" means the Insurance Corporation of British Columbia continued by the Insurance Corporation Act;
"coverage" means the right conferred on a person by this Act, the plan or an optional insurance contract to be indemnified against liability for, or compensated for, death, bodily injury, loss or damages;
"driver's certificate" means a class of certificate issued under the plan to a person who may, under the Motor Vehicle Act, obtain a driver's licence;
"health care" means anything that is done for a therapeutic, preventative, palliative, diagnostic, cosmetic or other health-related purpose;
"health care practitioner" means any of the following:
(a) a medical practitioner;
(b) a nurse practitioner;
(c) a person in a prescribed class of persons who is entitled, under a prescribed enactment, to practise a health profession as defined in the Health Professions Act;
(d) a person in a prescribed class of persons who provides health care;
"highway" has the prescribed meaning;
"insurance" means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value on the happening of a certain event;
"insurance money" means the amount payable by an insurer under the plan or an optional insurance contract;
(a) the corporation, or
(b) the person who undertakes, agrees or offers to provide insurance under an optional insurance contract;
"leased motor vehicle" means a motor vehicle leased or rented to a lessee under an agreement in writing and in the ordinary course of the owner's or lessor's business;
"lessee" has the same meaning as in section 86 (3) of the Motor Vehicle Act;
"lessor" has the same meaning as in section 86 (3) of the Motor Vehicle Act;
(a) in relation to a driver or operator of a vehicle, means a licence or permit issued under the Motor Vehicle Act authorizing the holder of a licence of a designated class to drive or operate a vehicle of the category designated for that class, and includes a learner's licence, and
(b) in relation to a vehicle, means a licence or permit issued in respect of a vehicle under the Motor Vehicle Act or the Commercial Transport Act or a licence or permit for a vehicle issued under any other Act;
"motor vehicle" means a motor vehicle as defined in the Motor Vehicle Act;
"occupant" has the prescribed meaning;
"operate" has the prescribed meaning;
"optional insurance contract" means a contract of vehicle insurance other than vehicle insurance provided under the plan, and includes
(a) a binding oral agreement, and
(b) a contract that provides insurance for a vehicle for which, or for the use or operation of which, a permit or licence is not required under the Motor Vehicle Act, if the contract provides that this Act applies;
"owner" means the person in whose name a vehicle is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act;
"owner's certificate" means a class of certificate issued under the plan to an owner;
"plan" means the plan of universal compulsory vehicle insurance referred to in section 2 and operated by the corporation under Part 1, 10 or 11 and the regulations under those Parts;
"policy" means the instrument evidencing an optional insurance contract and includes an interim receipt, a renewal receipt or a binder, or writing evidencing the contract, whether sealed or not;
"premium" means money paid or to be paid by an insured or by an applicant for insurance to an insurer for the issue of a certificate or policy;
"rehabilitation" means the restoration, in the shortest time practicable, of an injured person to the highest level of gainful employment or self-sufficiency that, allowing for the permanent effects of the injured person's injuries, is, with medical and vocational assistance, reasonably achievable by the injured person;
"resident" has the prescribed meaning;
"superintendent" means the superintendent under the Financial Institutions Act;
"third party liability insurance coverage" means insurance against liability arising out of
(a) bodily injury to or the death of a person, or
(b) loss of or damage to property,
caused by a vehicle or the use or operation of a vehicle;
"trailer" means a trailer as defined in the Motor Vehicle Act;
"universal compulsory vehicle insurance" means universal compulsory vehicle insurance provided under the plan;
"vehicle" means motor vehicle or trailer;
"vehicle insurance" means insurance
(a) against liability arising out of
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by a vehicle or the use or operation of a vehicle,
(b) against loss of or damage to a vehicle or the loss of use of a vehicle, or
(c) against loss arising from bodily injury or death of an insured caused only by
(ii) the use or operation of a vehicle,
but does not include
(d) insurance relating to
(i) a vehicle for which, or for the use or operation of which, a permit or licence is not required under the Motor Vehicle Act unless the contract of insurance provides that this Act applies, or
(ii) any operation, use or loss of use of a vehicle excluded by regulation,
(e) reinsurance undertaken by one insurer for liability for loss or damage assumed by another insurer,
(f) insurance only against one or more of the following:
(i) loss of or damage to a vehicle while in or on described premises;
(ii) loss of or damage to property carried in or on a vehicle;
(iii) liability for loss of or damage to property carried in or on a vehicle, or
(g) insurance solely of the interest of a person who has a lien on, or has as security legal title to, a vehicle and who does not have possession of the vehicle;
"vehicle liability policy" means a certificate or a policy evidencing insurance against liability arising out of
(a) bodily injury to or the death of a person, or
(b) loss of or damage to property,
caused by a vehicle or the use or operation of a vehicle.
(2) The Lieutenant Governor in Council may make regulations that
(a) include any kind or class of vehicle, as defined in the Motor Vehicle Act, within the definition of vehicle for the purposes of this Act or the regulations, or
(b) exclude any kind or class of vehicle, as defined in the Motor Vehicle Act, from the definition of vehicle for the purposes of this Act or the regulations.
(3) The Insurance Act does not apply to insurance to which this Act applies.
(4) Section 5 of the Offence Act does not apply to this Act or the regulations.
1.01 (1) This Act and the regulations, other than Parts 10 and 11 and the regulations under those Parts, do not apply to vehicles owned, leased or operated by Canada or the government of another province, territory or state, but apply to vehicles owned and operated or leased and operated by the government of British Columbia and to the vehicles' drivers.
(2) Despite subsection (1), the corporation may negotiate and conclude an agreement with a government excluded under that subsection to bring any or all vehicles owned, leased or operated by that government in British Columbia within the operation of the Parts of this Act that would otherwise not apply.
1.02 (1) In this section, "extraprovincial undertaking" means a work or undertaking for the transport of passengers or goods by motor vehicle or trailer, connecting British Columbia with another province of Canada, or extending beyond the limits of British Columbia.
(2) The provisions of this Act and the regulations respecting the requirement for vehicle insurance do not apply to an owner or operator of an extraprovincial undertaking who gives proof of financial responsibility under section 106 (2) (b) of the Motor Vehicle Act.
1.03 (1) An insured who is entitled to benefits under Part 1 respecting an accident is not entitled to benefits under Part 10 respecting the same accident.
(2) An insured who is entitled to benefits under Part 10 respecting an accident is not entitled to benefits under Part 1 respecting the same accident.
Part 1 — Universal Compulsory Vehicle Insurance
1.1 In this Part:
"accident" means an accident arising out of the use or operation of a vehicle;
1.2 (1) This Part applies to
(a) insurance under the plan that takes effect on or after the date this section comes into force,
(b) claims under that insurance, and
(c) insureds and the corporation in relation to that insurance.
(2) Benefits under this Part are payable by the corporation regardless of who is responsible for the accident.
2 If, under the Insurance Corporation Act, the Lieutenant Governor in Council authorizes the corporation to operate the plan of universal compulsory vehicle insurance, the corporation must operate the plan of universal compulsory vehicle insurance in accordance with this Act and the regulations.
3-6 [Repealed 2003-94-6.]
7 (1) Subject to section 2 and compliance with this Act and the regulations, the corporation must administer a plan of universal compulsory vehicle insurance providing coverage under a motor vehicle liability policy required by the Motor Vehicle Act, of at least the amount prescribed, to all persons
(a) whether named in a certificate or not, to whom, or in respect of whom, or to whose dependants, benefits are payable if bodily injury is sustained or death results,
(b) whether named in a certificate or not, to whom or on whose behalf insurance money is payable, if bodily injury to, or the death of another or others, or damage to property, for which the person is legally liable, results, or
(c) to whom insurance money is payable, if loss or damage to a vehicle results
from one of the perils mentioned in the regulations caused by a vehicle or its use or operation, or any other risk arising out of its use or operation.
(2) to (4) [Repealed 2003-94-7.]
8 [Repealed 2003-94-8.]
9 (1) The Lieutenant Governor in Council may, by regulation, provide that provisions of the Insurance Corporation Act or regulations do not apply to the plan established under this Act.
(2) and (3) [Repealed 2003-94-9.]
10 [Repealed 1997-29-20.]
11 (1) Certificates and applications for insurance forms established by the corporation may be incorporated in the appropriate application forms, certificates of registration, registration cards, licences, permits or windshield stickers prescribed for use or used under the Motor Vehicle Act, Commercial Transport Act or Passenger Transportation Act.
(2) The corporation may require an applicant for insurance or an insured under the plan to provide statements and reports, relating to or affecting the operation of the plan, that
(a) include the content required by the corporation, and
(b) are in a form established by the corporation.
(2.1) For the purposes of administering the plan, the corporation may require an applicant or an insured under the plan to provide information, including personal information, about himself or herself or about any person named, in an application for a certificate, as a driver of the vehicle specified in the certificate.
(3) The corporation may require every driver or owner, or, in the case of a leased motor vehicle, the lessee, of a vehicle that
(a) is required to be registered and licensed in British Columbia, and
(b) is involved in an incident out of which arises injury or death to a person or damage to property,
to provide to the corporation information required by the corporation relating to the incident, in a form established by the corporation.
(4) The corporation may require an insured to
(a) provide notices, proofs of claim, proofs of loss, reports and statements that include the content required by the corporation, and
(b) comply with any other method of making and proving claims that is established by the corporation.
12-13 [Repealed 2003-94-11.]
14 The corporation may acquire and hold for the benefit of the plan the salvage to which it becomes entitled
(a) on settlement of a claim under the plan, and
(b) as provided by the regulations.
14.1 (1) The corporation may enter into agreements that it considers necessary or advisable with a person or entity to advance the purposes of this Act.
(2) Without limiting subsection (1), the corporation may enter into an agreement with the government for the purposes of section 14.2.
14.2 (1) In this section and section 14.3, "costs of health-related services" means costs of health-related services arising from bodily injury or death arising out of an accident.
(2) The corporation must reimburse the government for costs of health-related services.
(3) The amount to be reimbursed under subsection (2) is the amount set out in an agreement between the government and the corporation, which amount may be some or all costs of health-related services incurred by the government over the period or periods subject to the agreement.
14.3 (1) In this section:
"agreement" means an agreement, whether in written form or not, entered into between the corporation and the government in or after 1973 under which payments were made, including, but not limited to, the following:
(a) the agreement dated January 21, 1988, entered into by the corporation and British Columbia, as represented by the Minister of Health;
(b) the agreement dated April 1, 1994, entered into by the corporation and British Columbia, as represented by the Minister of Health;
"payments" means payments made under an agreement in relation to the costs of health-related services.
(2) Despite any decision of a court to the contrary made before or after this section comes into force, all payments made by the corporation before this section comes into force that would have been validly made had they been made under an agreement made under section 14.1 for the purposes of section 14.2, as those sections read on the date this section comes into force, are conclusively deemed to have been validly made, and all payments received by the government under that agreement are conclusively deemed to have been validly received.
(3) For certainty, payments referred to in subsection (2) are conclusively deemed to have been legitimate costs incurred by the corporation used to establish premiums for certificates.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
15-16 [Repealed 2003-94-11.]
17 An action or proceeding by an insured against the corporation in respect of benefits, insurance money or indemnification payable under the plan must be commenced within one year after the happening of the loss or damage or after the cause of action arose, or as the regulations may provide in the case of any coverage, but not afterwards.
18 (1) For the purpose of availing to persons insured under the plan or part of the plan financial responsibility of the kind and form required under the laws of another province, state or territory, the corporation may execute and file with the public authorities in that place, as required,
(a) a power of attorney authorizing acceptance of service of notice or process for itself or its insured in an action or proceeding arising out of the accident in the province, state or territory,
(b) an undertaking to appear in the action or proceeding, or
(c) an agreement to submit to the jurisdiction of the court in the province, state or territory and not to set up a defence in the action or proceeding that would not be available to an insurer under third party liability insurance coverage issued there,
and the corporation may do all acts necessary and incidental to the execution and filing of the documents referred to in paragraphs (a) to (c).
(2) If the corporation receives notice of process in an action or proceeding arising out of an accident that occurred outside British Columbia for which the insured may be liable, and it has, within 5 days of receiving the notice, either personally delivered to the insured or forwarded to the insured by registered mail to the last known address of the insured a copy of the notice, the insured is liable to reimburse the corporation on demand the amount the corporation has paid by reason of this section that it would not otherwise be liable to pay, and the corporation may enforce the right by action in court.
(3) If the insured is liable to reimburse the corporation for an amount that the corporation has paid by reason of this section that it would not otherwise be liable to pay and 30 days have elapsed after demand has been made by the corporation for reimbursement, section 20 (12), (13), (14) and (15) applies.
(4) In an action in another province of Canada against the corporation, or against a person insured with third party liability insurance coverage, arising out of an accident in that province, the corporation must appear and must not, as to third party liability insurance coverage, set up a defence to a claim under a certificate, including a defence as to the limit or limits of liability, that might not be set up if the claim were under vehicle insurance that provides third party liability insurance coverage issued in that province.
19 (1) [Repealed 2003-94-13.]
(2) If a forfeiture under section 75 would appear inequitable, the corporation may relieve a person affected by it from the forfeiture of all or any insurance money.
(3) The corporation must relieve an insured from a forfeiture of the benefits under section 75 that it considers equitable if, as a result of an accident, the insured dies or suffers a loss of function of mind or body that renders the insured permanently incapable of engaging in any occupation for wages or profit.
19.1-19.2 [Repealed 2003-94-14.]
20 (0.1) In this section and section 24, "non-vehicle property" means property other than
(a) a vehicle and its contents, and
(b) permanently attached equipment as defined in section 170.
(1) In this section:
"claimant" means a person who alleges that the person has a right of action against an uninsured motorist for damages arising out of loss of or damage to non-vehicle property caused by or arising out of the use or operation of a motor vehicle, but does not include a person who is entitled to bring an action against the corporation under section 24;
"court" includes the civil resolution tribunal in respect of accident claims under the Civil Resolution Tribunal Act;
"motor vehicle" includes a trailer, but does not include
(a) a motor vehicle or trailer in respect of which there exists proof of financial responsibility given in the manner provided for by sections 106 to 113 of the Motor Vehicle Act, or
(b) a motor vehicle or trailer owned by, or by an agent of, the Crown in right of any other province or of Canada;
"owner" , in relation to a motor vehicle, includes a lessee;
"uninsured motor vehicle" means a motor vehicle used or operated or owned by an uninsured motorist;
"uninsured motorist" means a person who uses or operates a motor vehicle on a highway in British Columbia when the person is not insured under third party liability insurance coverage that provides indemnity in a prescribed amount, not less than $100 000, against liability imposed by law arising out of loss of or damage to non-vehicle property caused by or arising out of the use or operation of a motor vehicle, and includes the owner of a motor vehicle that is used or operated on a highway in British Columbia when the owner is not so insured.
(2) A claimant may apply to the corporation, in the prescribed form, for payment of the damages to which the claimant claims to be entitled.
(3) The corporation must, on receiving an application under subsection (2), send by registered mail a notice of the application, in the prescribed form, to the uninsured motorist and, if the uninsured motorist is not the owner of the uninsured motor vehicle, to the owner of the uninsured motor vehicle, at the last addresses for them according to the records of the corporation.
(4) A notice sent under subsection (3) is deemed to have been received on the eighth day after mailing.
(5) If a notice is sent under subsection (3), the corporation may
(a) settle with or consent to judgment in favour of the claimant on behalf of and in the name of a person to whom the notice was sent, but if that person replies to the corporation within the time limited by the notice, denying liability, the corporation is not entitled to recover from that person an amount paid by it until it has recovered a judgment against that person as provided in subsection (11), or
(b) require the claimant to bring or continue an action against all persons who may be liable to the claimant for the damages claimed.
(6) If, in an action brought by a claimant, an uninsured motorist
(a) fails to file a response to civil claim or to appear in person or by counsel at the trial or assessment of damages,
(b) consents to the entry of judgment against the uninsured motorist, or
(c) does or fails to do anything that entitles the claimant to take default proceedings,
the corporation must not make a payment to the claimant under this section unless notice of the failure, consent or act of default has been given to the corporation in time to enable the corporation to rectify it and the corporation fails to intervene in the action within 30 days after receiving notice of the failure, consent or act of default.
(7) If the corporation receives notice under subsection (6), it may intervene in the action and, on behalf of and in the name of the uninsured motorist, whether or not the uninsured motorist is an infant, take any steps that the uninsured motorist might have taken in the action, and anything done by the corporation is deemed to be done by the uninsured motorist, but the failure of the uninsured motorist to comply with an order of the court or rule of court does not prejudice the corporation in a proceeding it may take in the action.
(8) A judgment by consent against an uninsured motorist who is an infant must not be entered without the approval of the court.
(9) If the corporation enters into a settlement with a claimant or a claimant obtains a judgment against an uninsured motorist in accordance with this section and the claimant has otherwise complied with this section and the regulations, the corporation may, subject to the regulations, pay all or part of the settlement or judgment.
(10) The corporation must not, without the consent of a person to whom a notice was sent under subsection (3), enter into a settlement on behalf of that person or consent to judgment against that person, for an amount in excess of the amount to be paid to the claimant by the corporation under subsection (9).
(11) The corporation, on making a payment to a claimant, is subrogated to the claimant's rights against any other person liable to the claimant for the damages claimed and may bring an action to recover the damages against the other person in its name or in the name of the claimant, but neither a settlement under subsection (5) (a) nor a consent to judgment under that subsection limits the defences that an uninsured motorist may raise against the corporation.
(12) Subject to subsection (5), the corporation may, in addition to any other remedy it may have, send a notice demanding reimbursement for damages or costs or both together with any interest that it has paid to a claimant to
(a) the uninsured motorist,
(b) the owner of the uninsured motor vehicle, if the owner of the uninsured motor vehicle is also liable for the damages caused, or
(c) both of the persons referred to in paragraphs (a) and (b),
at the last addresses for them according to the records of the corporation.
(13) The corporation may agree to accept payment in instalments from a person indebted to it under this section.
(14) If instalments to be paid by a person under an agreement referred to in subsection (13) are in arrears, the corporation may
(a) suspend the licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person, or
(b) refuse to issue to the person a driver's licence or a licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person.
(15) A person who is indebted to the corporation under this section may, on notice to the corporation, apply to the Supreme Court for an order that the person be permitted to pay the indebtedness in instalments in amounts and at times determined by the court, and on an order being made, subsections (13) and (14) apply to
(a) the corporation refusing to issue the person's driver's licence or a motor vehicle licence, a permit or corresponding number plates for a motor vehicle or trailer owned by the person, and
(b) the suspension of the person's motor vehicle licence, permit or corresponding number plates for a motor vehicle or trailer owned by the person.
(16) The corporation, on application by a person who would otherwise be a claimant but whose right of action has been extinguished because the person has, without the consent of the corporation, entered into a settlement with the uninsured motorist or the owner of the uninsured motor vehicle or both, may pay to the person that part, if any, of the amount owing and unpaid under the settlement that the corporation considers appropriate in the circumstances.
(17) The corporation must not consider an application by a claimant under this section if any other motorist who is liable for all or part of the claimant's damages is insured against liability in respect of those damages, but the corporation, if it considers it appropriate in the circumstances, may waive the requirements of this subsection in respect of any one or more of the persons against whom the claimant has a cause of action.
(18) The corporation must not pay a claimant who is not a resident an amount in excess of the amount that a resident would recover under the same circumstances from a similar fund in the jurisdiction in which the claimant ordinarily resides.
21 [Repealed 2003-94-16.]
22 (1) Every person commencing an action for damages caused by a vehicle or the use or operation of a vehicle in British Columbia must
(a) serve the corporation with a copy of the notice of civil claim in the manner provided for serving a defendant in the action, and
(b) file proof of the service in the court in which the action is pending.
(2) A further step in the action must not be taken until the expiration of 8 days after the filing.
23 [Repealed 2003-94-18.]
24 (1) Subject to subsection (1.1), if damage to non-vehicle property arises out of the use or operation of a vehicle on a highway in British Columbia and
(a) the names of both the owner and the driver of the vehicle are not ascertainable, or
(b) the name of the driver is not ascertainable, and the owner is not liable to an action for damages for the non-vehicle property damage,
any person who has a cause of action
(c) against the owner or the driver, as referred to in paragraph (a), or
(d) against the driver, as referred to in paragraph (b),
in respect of the non-vehicle property damage may bring an action against the corporation as nominal defendant, either alone or as a defendant with others alleged to be responsible for the non-vehicle property damage.
(1.1) In an action in which the names of both the owner and the driver of the vehicle are not known or ascertainable, recovery for non-vehicle property damage is limited to the amount by which the damages exceed the prescribed amount.
(2) Proceedings must not be brought against the corporation as nominal defendant under this section unless the person bringing them gives written notice to the corporation as soon as reasonably practicable and in any event within 6 months after the accident that caused the non-vehicle property damage.
(3) If, after an action referred to in subsection (1) has been commenced, it is alleged that the non-vehicle property damage was caused by or contributed to by another vehicle but
(a) the names of both the owner and the driver of the vehicle are not ascertainable, or
(b) the name of the driver is not ascertainable, and the owner is not liable to an action for damages for the non-vehicle property damage,
the corporation may be added as a nominal defendant on the application of any party and must be added as a nominal defendant on its own application.
(4) In an action against the corporation as nominal defendant, the corporation may deny generally the allegations in respect of the unidentified vehicle and its owner and driver, and need not set out the facts on which it relies.
(5) In an action against the corporation as nominal defendant, a judgment against the corporation must not be given unless the court is satisfied that
(a) all reasonable efforts have been made by the parties to ascertain the identity of the unknown owner and driver or unknown driver, as the case may be, and
(b) the identity of those persons or that person, as the case may be, is not ascertainable.
(6) If the identity of the unknown owner or driver is ascertained before judgment is granted in an action against the insurer as nominal defendant, then, despite the limitation period in the Motor Vehicle Act, that owner or driver must be added as a defendant in the action in substitution for the corporation, subject to the conditions the court may specify.
(7) The corporation may, at any stage, compromise and settle the claim of a person entitled to commence an action under this section.
(8) On judgment against the corporation as nominal defendant under this section and expiration of the time limited for appeal, or on the compromise and settlement of a claim under this section, the corporation must pay toward satisfaction of the judgment or claim an amount that the corporation is authorized to pay under this Act and the terms, conditions and limits of the plan.
(9) If, under this section, a judgment has been obtained against the corporation as nominal defendant or the corporation has settled a claim, the corporation may apply
(a) to the court where the judgment has been obtained, or
(b) if a claim has been settled, to the court that would have had jurisdiction to entertain an action for the recovery of damages to the amount of the settlement
for an order certifying that a person was, at the time of the accident, the owner or driver of the vehicle that caused the non-vehicle property damage in respect of which the judgment was obtained or settlement made.
(10) If the court hearing an application under subsection (9) is satisfied on the evidence that the person named in the application was at the time of the accident the owner, driver or both of the vehicle involved in that accident, it may make the order applied for, unless it is satisfied that the person would not have been liable for damages if the person had appeared and defended the action or, in the case of a claim settled before action, in an action that might have been brought to enforce the claim, or it may direct the trial of an issue.
(11) If, under subsection (10), a court makes an order or directs the trial of an issue, the person certified by the court is liable to the corporation for all amounts paid by the corporation pursuant to any judgment or settlement under this section.
(11.1) Subsection (11) applies whether or not the driver of the vehicle is named in an unexpired driver's certificate and whether or not the vehicle is specified in an applicable unexpired certificate.
(11.2) If subsection (11) applies, the amount for which the person certified is liable is a debt due and owing to the corporation and section 20 (12), (13) and (15) applies.
(12) The amount paid by the corporation to a claimant who is not a resident is limited to the lesser of
(a) the amount limited by this Act, and
(b) the amount that a resident could recover under the same circumstances from a similar fund in the jurisdiction in which the claimant ordinarily resides.
(13) In this section:
"court" includes the civil resolution tribunal in respect of accident claims under the Civil Resolution Tribunal Act;
"owner" , in relation to a motor vehicle, includes a lessee.
25-26 [Repealed 2003-94-20.]
27 A person receiving an accident report under section 67 of the Motor Vehicle Act must, as soon as reasonably practicable after a request for it by the corporation, mail or deliver a copy to the corporation.
28 (1) If any of the following persons attends to, diagnoses, treats or is consulted by a person injured in an accident occurring in British Columbia before April 1, 2019, the following person must, whenever the corporation requests, provide the corporation, as soon as reasonably practicable, with a report of the injuries and their diagnosis and treatment and a prognosis, in any form or manner established by the corporation:
(a) a medical practitioner;
(a.1) a nurse practitioner;
(b) a person entitled to practise as a chiropractor under an enactment;
(c) a person entitled to practise dentistry under an enactment;
(d) a person entitled to practise physical therapy under the Health Professions Act;
(e) an employee of a hospital as defined in the Hospital Act.
(2) The form of the report and the manner of providing the report may be different for different persons referred to in subsection (1) (a) to (e) and may be different depending on the purpose for which the report is requested.
28.1 (1) This section applies to a health care practitioner who provides health care to a person injured in an accident occurring in British Columbia on or after April 1, 2019.
(2) A health care practitioner referred to in subsection (1) must provide the corporation with a report that includes the following information, to the extent that the information is known by the health care practitioner:
(a) the nature and extent of the injured person's injuries;
(b) the injured person's diagnosis;
(c) the injured person's condition at the time health care was provided;
(d) the treatment provided or recommended by a health care practitioner;
(e) the injured person's prognosis.
(3) The report referred to in subsection (2) must be provided
(a) as soon as reasonably practicable after a request by the corporation, and
(b) in any form or manner established by the corporation.
(4) The form of the report and the manner of providing the report may be different for different health care practitioners and may be different depending on the purpose for which the report is requested.
29 An employer of a person who claims benefits, or on behalf of whom benefits are claimed, from the corporation must, whenever the corporation requests, provide to the corporation as soon as reasonably practicable
(a) a statement of the person's earnings in the form established by the corporation, and
(b) any other prescribed information that relates to the person's employment.
30 Despite any Act or law to the contrary, the corporation has access to all books, documents, records, reports and other things, and to all facilities of, belonging to or available to the superintendent under the Motor Vehicle Act, the ministry of the minister responsible for the administration of the Transportation Act or the Passenger Transportation Board, as the corporation may consider necessary to better carry out this Act and regulations.
30.1 [Repealed 2003-94-25 as re-enacted 2006-28-26.]
31 (1) If the corporation has paid out money in excess of the amount authorized by the Act or the regulations, it may recover that excess by action as a debt due to the corporation.
(2) The corporation may deduct from the payment of insurance money the amount of any premium.
32 [Repealed 2003-94-27.]
33 (1) Subject to the regulations, at the time of or before applying for
(a) any class or kind of licence or permit for a motor vehicle or trailer or their use or operation under the Motor Vehicle Act or Commercial Transport Act, or
(b) registration of a notice of transfer under section 17 of the Motor Vehicle Act,
the applicant must apply for the corresponding certificate, and, at the same time, must pay to the person receiving the application the premium for the applicable certificate that, having been assessed against the applicant, is due and owing.
(2) The application for a certificate under subsection (1) may be made
(a) to a person appointed as agent of the corporation under this Act, or
(b) at the head office or a branch office of the corporation,
unless the Lieutenant Governor in Council, by regulation, otherwise directs.
34 (1) The corporation may establish premiums for a certificate in accordance with this section.
(2) A premium for a certificate, other than a driver's certificate, may be based on one or more of the following:
(a) any region, as established by the corporation, in which a vehicle in respect of which insurance is provided by the certificate is used or kept;
(b) in relation to a vehicle in respect of which insurance is provided by the certificate,
(i) the type or class of the vehicle,
(ii) any use of the vehicle, or
(iii) any distance over which the vehicle has been or may be operated;
(c) the amount of third party liability insurance coverage provided by the certificate;
(d) the relationship between the applicant and any driver, and between any drivers, of a vehicle that is specified in the certificate;
(e) whether the applicant or an employee of the applicant and any driver, or whether any drivers, of a vehicle that is specified in the certificate, are members of the same household;
(f) the failure of the applicant to name, in an application for the certificate, a person who drives a vehicle that is specified in the certificate during the period of coverage under the certificate;
(g) the following information related to the applicant and any driver of a vehicle in respect of which insurance is provided by the certificate:
(i) the number of years the person has been driving;
(ii) the nature of the person's business and, if applicable, the number and type or class of employees employed in that business;
(iii) any jurisdiction in which the person has held a driver's licence and the class of driver's licence the person held;
(iv) the type and number of number plates issued to the person;
(v) the details of any accidents involving the person or a vehicle insured by the person occurring within a period established by the corporation;
(vi) the number, nature and kind of violations or offences referred to in subsection (3) (b) committed by the person, if any, within a period established by the corporation;
(vii) the number, nature and kind of suspensions or prohibitions from driving referred to in subsection (3) (c) imposed on the person, if any, within a period established by the corporation;
(h) the number or value, or both, of the vehicles in respect of which insurance is provided under the certificate;
(i) in relation to a vehicle insured as part of a fleet, claims made and premiums paid under insurance provided by the corporation;
(j) prescribed criteria;
(k) any other criteria approved by the commission.
(3) A premium for a driver's certificate may be based on one or more of the following:
(a) the details of any accidents involving the driver occurring within a period established by the corporation;
(b) the number, nature and kind of violations or offences committed by the driver, within a period established by the corporation, in contravention of any of the following:
(ii) a municipal bylaw relating to the regulation of vehicular traffic;
(iii) a provision of the Criminal Code relating to the operation of a vehicle;
(iv) a law or a provision of a law of a jurisdiction other than British Columbia that is similar to a law or provision referred to in subparagraph (i), (ii) or (iii);
(c) the number, nature and kind of suspensions or prohibitions imposed on the driver, within a period established by the corporation, under the Motor Vehicle Act or a similar law relating to suspensions or prohibitions from driving of a jurisdiction other than British Columbia;
(d) prescribed criteria;
(e) any other criteria approved by the commission.
(4) The premium payable for a certificate is that established and assessed by the corporation for the certificate issued.
(5) A premium must be established by the corporation before the beginning of the period for which it is effective.
(6) The corporation may establish premiums for a certificate in a manner that ensures that an increase or decrease in the premiums, if any, from one period to the next, will be phased in as approved by the commission.
35 [Repealed 2018-19-10.]
35.1 (1) Universal compulsory vehicle insurance may be provided by a blanket certificate under which, in the prescribed circumstances, the universal compulsory vehicle insurance provided by the blanket certificate applies instead of universal compulsory vehicle insurance provided by another certificate.
(2) A blanket certificate may be issued to
(a) a person who holds a licence under the Passenger Transportation Act that includes a transportation network services authorization, or
(b) a person in a prescribed class of persons.
(3) Universal compulsory vehicle insurance provided by a blanket certificate applies only if universal compulsory vehicle insurance is also provided by another certificate.
(4) In a circumstance in which universal compulsory vehicle insurance provided by a blanket certificate applies, the coverage provided by another certificate continues to apply, except to the extent that coverage is instead provided by the blanket certificate.
35.2 (1) The corporation may require a person referred to in subsection (2) to provide to the corporation information, including personal information about the person or other persons, and records relating to or affecting any of the following:
(a) an application for a blanket certificate;
(b) an application for a certificate in relation to taxis to be insured as part of a fleet;
(c) the establishment of premiums for
(i) blanket certificates, or
(ii) certificates referred to in paragraph (b);
(d) an incident involving a motor vehicle insured under a blanket certificate, or a certificate referred to in paragraph (b), out of which arises
(i) injury or death to a person, or
(ii) damage to property;
(e) a prescribed matter.
(2) The corporation may require information or records under subsection (1) from any of the following:
(a) a person who holds or is applying for
(i) a blanket certificate, or
(ii) a certificate referred to in subsection (1) (b);
(b) a person who owns, drives, leases or dispatches motor vehicles to which a blanket certificate, or a certificate referred to in subsection (1) (b), relates;
(c) a person who collects or holds data on behalf of a person described in paragraph (a) or (b) of this subsection;
(d) a person in a prescribed class of persons.
(3) Information and records required under subsection (1) must
(a) be provided to the corporation in the form established by the corporation, and
(b) include the content required by the corporation.
(4) The corporation may, if information or records are not provided as required under this section, cancel or refuse to issue, as applicable, the certificate to which the information or records relate.
36 (1) Subject to the regulations, on payment of the premium assessed for a certificate, if a premium is assessed, and on approval of the application by the corporation, the corporation must issue the certificate to the applicant.
(2) A certificate and an application for it must be in a form required by the corporation, and must be designed and constituted
(a) to meet the interest of convenience and economy, and
(b) to adequately identify the permit or licence under the Motor Vehicle Act or Commercial Transport Act, or a motor vehicle or trailer or driver's licence, permit or other authority to drive a motor vehicle under the Motor Vehicle Act to which the owner's certificate or the driver's certificate corresponds.
(3) The corporation must provide for the issue and delivery of all motor vehicle liability insurance cards required under the Motor Vehicle Act by a person insured under a certificate but there may be printed on a certificate under the heading "Motor Vehicle Liability Insurance Card" particulars established by the corporation for motor vehicle liability insurance cards that are required under the Motor Vehicle Act, and the particulars so printed constitute a motor vehicle liability insurance card under and for the purpose of the Motor Vehicle Act.
(4) A document purporting to be a certificate under this Act and a motor vehicle liability insurance card, or either of them, either alone or in combination with any permit or licence for a motor vehicle or trailer or their use or operation, or any driver's licence, permit or other authority to drive a motor vehicle that bears a signature purporting to be the signature of the chief executive officer of the corporation, unless the contrary is shown, is deemed to be a certificate or a motor vehicle liability insurance card, as applicable, issued under this Act to the person named in it.
(5) A motor vehicle liability insurance card must not be issued unless the insurance evidenced in it meets the minimum requirements for a certificate.
(6) [Repealed 2003-94-29 as re-enacted 2006-28-28.]
37 (1) An owner's certificate must not be issued under this Act for a motor vehicle or trailer or its use or operation for which a permit or licence is not required under the Motor Vehicle Act.
(2) An owner's certificate must not be issued for a motor vehicle or trailer for which the corporation refuses to issue a licence or permit under section 28 of the Motor Vehicle Act.
(3) A certificate issued contrary to subsection (1) or (2) is void and is deemed to have always been void.
(4) An owner's certificate is deemed to have lapsed and is void immediately when the vehicle, for which the owner's certificate was issued, is registered and licensed in another province or state.
(5) Subsection (4) does not apply if a reciprocal or prorate registration or licence is issued by another province or state in respect of a vehicle registered under the Commercial Transport Act.
38 (1) Except for a vehicle exempted by the regulations, a permit of any kind and a licence, number plate or validation decal for a vehicle or for its use or operation must not be granted, issued or renewed under the Motor Vehicle Act or the Commercial Transport Act, unless at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a certificate other than a driver's certificate under this Act in respect of the vehicle for the term of the permit or licence, or part of that term as may be prescribed, and the applicant has paid the premium, if any, for the certificate.
(2) A driver's licence, permit or other authority to drive or operate a motor vehicle must not be issued or renewed under the Motor Vehicle Act, unless
(a) at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a driver's certificate under this Act for the term of that licence or permit or part of that term as may be prescribed, and
(b) the applicant has paid the premium, if any, established for that driver's certificate.
(3) If the corporation receives for registration a notice of transfer of a vehicle under section 17 of the Motor Vehicle Act, the corporation must refuse registration unless the transferee has paid the corporation
(a) the premium or fee prescribed for the transfer.
(b) [Repealed 2003-94-30 as re-enacted 2006-28-29.]
39 (1) The suspension, revocation, cancellation or surrender, under any law, of a licence for a vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act automatically suspends, revokes or cancels, as the case may be, the certificate that corresponds to that permit or licence.
(2) The suspension, revocation, cancellation or surrender, under any law, of a driver's licence, permit or other authority to drive issued to a person under the Motor Vehicle Act automatically suspends, revokes or cancels, as the case may be, the driver's certificate in which that person is named and that corresponds to that licence, permit or other authority to drive.
(3) Despite this section, for the purposes of this Act an owner's certificate is not suspended or cancelled merely because of the surrender of a vehicle licence in compliance with a regulation made under section 216 (1) (f) of the Motor Vehicle Act, until the vehicle licence and corresponding number plates have been returned to the corporation.
40 (1) Subject to its earlier suspension, revocation, cancellation or surrender, a certificate other than a driver's certificate is, subject to the regulations, valid for the period beginning
(a) at the time and on the date of validation specified in the certificate, or
(b) at the beginning of the day on the effective date specified in the certificate,
whichever is later, and expiring
(c) at the end of the day on the date of expiry of the licence for the vehicle described in the certificate, or
(d) at the end of the day on the date specified in the certificate,
whichever is earlier.
(2) Despite the date of issue, a driver's certificate, unless earlier suspended, revoked, cancelled or surrendered, expires at the end of the day on the anniversary date of the driver's birth.
(3) For the purposes of subsection (2), the anniversary date of a person born on February 29, in other than leap years, is deemed to be March 1.
(4) Subject to the regulations, the applicant must, on application for renewal or replacement of a certificate, pay the corporation or its agent the premium established and assessed by the corporation for the applicable certificate.
(5) If a certificate other than a driver's certificate in respect of a vehicle is not, before its expiration, renewed or replaced by another certificate for the same vehicle, a permit or licence for that vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act that corresponds to the certificate, on the expiry of the certificate and without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate certificate.
(6) If a driver's certificate is not, before its expiration, renewed or replaced by another driver's certificate for the same person, the driver's licence, permit or other authority to drive under the Motor Vehicle Act of the driver and that corresponds to the certificate, by virtue of and from the time of the default, without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate driver's certificate.
41 (1) The superintendent must notify the corporation of every suspension or cancellation of a licence or a permit to drive that the superintendent under the Motor Vehicle Act imposes under that Act.
(2) The corporation may notify the Passenger Transportation Board of
(a) the default of a person in paying a premium due to the corporation for a certificate, or
(b) a suspension or cancellation of a certificate.
42 A person who contravenes section 11 (3), 27, 28 (1), 28.1 (2), 29, 30 or 35.2 (1) commits an offence and on conviction is liable to the penalties provided in the Offence Act.
42.1 (1) In this section, "claim" includes
(a) a claim for damages for injury, death or loss of or damage to property that arises out of the use or operation of a motor vehicle, if the claim is made against a person who is insured by the corporation for third party legal liability,
(b) an application to the corporation for benefits or insurance money to be paid by the corporation, and
(c) a claim under section 20 or 24.
(2) A person commits an offence who
(a) provides or causes another to provide to the corporation or its representatives information material to a claim that the person knew or ought to have known is false or misleading, whether the information is required under this Act or is volunteered, or
(b) makes a statement or representation to the corporation or its representatives that the person knew or ought to have known is false or misleading in order to obtain payment for goods or services provided to a person making a claim, whether or not the goods or services were actually provided to that person.
(3) The time limit for laying an information respecting an offence under this Act is the earlier of
(a) 18 months after the facts on which the information is based first came to the knowledge of the corporation, and
(b) 6 years after the information is provided or the statement or representation is made.
(4) An individual who commits an offence under subsection (2) is liable,
(a) on a first conviction, to a fine of not more than $25 000 or to imprisonment for not more than 2 years, or to both, and
(b) on each subsequent conviction, to a fine of not more than $50 000 or to imprisonment for not more than 2 years, or to both.
(5) A corporation that commits an offence under subsection (2) is liable,
(a) on a first conviction, to a fine of not more than $100 000, and
(b) on each subsequent conviction, to a fine of not more than $200 000.
(6) At the time of sentencing a person convicted of an offence under this section, the court may order that, in addition to any other penalty, the offender must pay compensation or make restitution to the corporation for the actual loss or damage caused by or arising out of the commission of the offence including, without limitation, compensation or restitution for
(a) any money paid by the corporation as a result of the commission of the offence, including, without limitation, any money paid to or on behalf of the offender, and
(b) any expenses incurred by the corporation in connection with the claim, including, without limitation, the expenses incurred by the corporation in relation to investigation, file handling and prosecution of the offence.
(7) If an order in favour of the corporation is made under subsection (6), the corporation may, by filing the order in a registry of the Supreme Court, enter as a judgment the amount ordered to be paid and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
(8) Nothing in this section precludes the corporation or any other person from taking any civil action or exercising any right of recovery against a person who commits an offence under this section.
43-44 [Repealed 2020-10-16.]
44.1 [Repealed 2003-94-36.]
45 (1) [Repealed 2003-94-37.]
(2) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations under this Part as follows:
(a) establishing, amending and revoking the plan of universal compulsory vehicle insurance for the insurance inside and outside British Columbia of losses, damages, injuries or deaths arising out of the perils and risks attendant on or relating to the use, operation or ownership of vehicles the Lieutenant Governor in Council may designate;
(b) establishing the terms, conditions and limits of insurance under the plan;
(c) [Repealed 2003-35-17.]
(d) respecting those persons who are or may be insured under the plan and the perils or risks for which insurance may be provided;
(d.1) respecting the benefits or insurance money payable to or on behalf of insured persons;
(d.2) authorizing the indirect collection of personal information about a person named in an application for a certificate as a driver of a vehicle specified in the certificate;
(e) respecting the insuring of vehicles that are part of a fleet, or used for commerce or business, defining the meaning of "fleet" and specifying the circumstances in which vehicles must be insured as part of a fleet or as commercial or business vehicles;
(f) prescribing the duration of the period of coverage provided under a certificate, or a certificate that comes within a prescribed class or subclass and permitting the corporation to specify the duration of the period of coverage in particular cases;
(f.1) prescribing the effective date or expiry date, or both, of a certificate;
(f.2) respecting the issue of a licence or permit the corporation is authorized to issue under the Motor Vehicle Act or the Commercial Transport Act;
(f.3) authorizing the corporation to assess a premium against an applicant at the times and under the terms and conditions the corporation considers appropriate;
(f.4) respecting the payment of premiums, including, without limitation,
(i) providing when premiums may or must be paid, and
(ii) establishing that the amount of a premium or any part of it is a debt due and owing to the corporation;
(f.5) prescribing criteria for the purposes of section 34 (2) (j) and (3) (d);
(f.6) respecting blanket certificates;
(g) [Repealed 2003-94-37.]
(h) prescribing rights of salvage in favour of the corporation that may be considered necessary for the purposes of the plan;
(i) [Repealed 2003-35-17.]
(j) establishing a plan for payment by the corporation to any person sustaining loss from bodily injury or death, or damage to property, arising out of the use or operation of a motor vehicle where
(i) the name of the owner, lessee or driver is not ascertainable, or
(ii) the name of the driver is not ascertainable and neither the owner nor the lessee is liable;
the terms, conditions and limits of liability of the corporation under the plan and the duties and liabilities of the owners and drivers of motor vehicles respecting reimbursement of the corporation for the payments;
(k) establishing and determining, with respect to the plan, the right of a person who would have a cause of action in British Columbia against the owner, lessee or driver of an uninsured motor vehicle to apply to the corporation for payment of damages and the terms and conditions and limits of liability of the corporation for payment of the claims for damages, and determining whether payment and the amount of payment are within the discretion of the corporation, and providing for the obtaining of consents to payment by those persons liable for the losses, damages, injuries or deaths, and the execution under seal or otherwise of agreements by those persons liable for the repayment to the corporation of amounts paid to claimants;
(l) providing that the corporation is an agent of the owner or lessee of every uninsured motor vehicle for service of notice of process in an action in British Columbia arising out of the use or operation in British Columbia of an uninsured motor vehicle and the manner of giving that notice to the corporation and the defendant;
(m) providing, with respect to the plan, for settlement and payment of a claim, judgment or unsatisfied portion of a judgment, for damages for injury to, or the death of, any person or loss of, or damage to, property caused in British Columbia by an uninsured motor vehicle owned or operated by a person, or leased to a lessee, in British Columbia, the terms and conditions governing payment and the maximum amount of money payable respecting any person, accident or occurrence;
(n) determining the residence of persons for purposes of this Act, the regulations and the plan, and determining the rights of non-residents to receive benefits or payments of any kind under the plan, or exempting non-residents, as described in the regulations, from this Act or the regulations;
(o) authorizing additional services and expenditures by the corporation on behalf of a person insured under a certificate and providing that the corporation may, in the name and on behalf of any person insured by a certificate, defend at its cost any civil action brought against the person by anyone respecting a loss, damage, injury or death for which the person may be liable and designating the terms and conditions governing the provision of additional services and the making of additional expenditures;
(p) [Repealed 2003-35-17.]
(q) respecting the combining of fees payable under the Motor Vehicle Act and the premium payable under this Act;
(q.1) allowing the corporation to set the amounts of, and recover, prescribed fees, charges or interest;
(q.2) respecting the recovery of the fees, charges and interest referred to in paragraph (q.1), including, without limitation, establishing that the fees, charges or interest are debts due to the corporation;
(r) providing for and prescribing the conditions governing the refund or rebate of all or part of a premium paid to the corporation under this Act and the plan;
(s) to (v) [Repealed 2003-94-37.]
(w) prescribing the deductible amount that applies to property damage claims made under section 24.
(y) [Repealed 2003-37-26.]
(2.1) For the purposes of subsection (2) (e), the definition of "fleet" may be based on a minimum number of vehicles, and other criteria for the vehicles, established by the corporation.
(2.2) A regulation under subsection (2) (e) may require vehicles to be insured as a fleet if the fleet comprises a number of vehicles greater than a number established by the corporation and the vehicles meet other criteria established by the corporation.
(2.3) For the purposes of establishing a number of vehicles referred to in subsections (2.1) and (2.2), if a licence authorizes a driver to operate any vehicle on which a number plate associated with the licence is displayed, the corporation may count that licence as if it is a vehicle.
(2.4) Without limiting subsection (2) (f.6), a regulation under that subsection may do any of the following:
(a) specify the persons to whom the corporation is permitted or required to issue blanket certificates;
(b) specify circumstances in which
(i) universal compulsory vehicle insurance provided under a blanket certificate applies instead of universal compulsory vehicle insurance provided under one or more other specified certificates, or
(ii) coverage provided by a blanket certificate applies instead of some or all of the coverage provided by one or more other specified certificates.
(3) [Repealed 2003-94-37.]
(4) Subject to section 85, the observance of terms or conditions established under subsection (2) is a condition precedent to a person obtaining benefits, insurance money or indemnification provided under the plan.
(5) The Lieutenant Governor in Council may, by regulation, exclude or exempt a non-resident or class of non-residents and a vehicle or class of them from the operation of all or part of this Part or the regulations under this Part, or all or part of the plan, on the terms and conditions the Lieutenant Governor in Council prescribes.
45.1 (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act or under section 45, the Lieutenant Governor in Council may make regulations under this Part as follows:
(a) respecting the amount payable as benefits for the provision of health care by a health care practitioner to an insured person, including, without limitation, regulations adopting a payment schedule under section 26 of the Medicare Protection Act;
(b) authorizing the corporation to enter into an agreement with a health care practitioner respecting the amount payable by the corporation as benefits for the provision of health care by a health care practitioner to an insured person;
(c) for the purposes of paragraph (c) of the definition of "health care practitioner" in section 1, prescribing classes of persons and enactments;
(d) for the purposes of paragraph (d) of the definition of "health care practitioner" in section 1, prescribing classes of persons.
(2) A regulation under subsection (1) (a) or (b) may
(a) be different for different types or classes of health care practitioners,
(b) be different for different types or classes of health care,
(c) in respect of a particular type or class of health care practitioner or a particular type or class of health care, be different for different geographical areas of British Columbia, and
(d) be different for different types or classes of agreements.
(3) A regulation under subsection (1) (a) may adopt by reference, in whole or in part and with any change the Lieutenant Governor in Council considers necessary, a payment schedule under the Medicare Protection Act as it stands at the time of adoption or as amended from time to time.
(4) to (8) [Repealed 2020-10-17.]
46 [Repealed 2003-94-38.]
46.1 [Repealed 2003-37-26.]
46.11 (1) At least once every 5 years, the minister must initiate a review of the following:
(a) the amount, set by a regulation made under section 45 (2) (d.1), of the benefits payable to or on behalf of an insured person;
(b) the amount, set by a regulation made under section 45.1 (1) (a), payable as benefits for the provision of health care by a health care practitioner to an insured person;
(c) the amount, set by a regulation made under section 169 (2) (b), of the benefits payable for the provision of health care by a health care practitioner to an insured person;
(d) amounts prescribed by a regulation for the purposes of a provision of Part 10.
(2) A review under subsection (1) must be conducted in consultation with the corporation and any other person or organization the minister considers appropriate.
(3) A report on the results of the review
(a) must be submitted to the minister within one year after the review is initiated, and
(b) may include recommendations to amend a regulation reviewed.
(4) After receiving the report under subsection (3), the minister must,
(a) if the Legislative Assembly is in session, promptly lay the report before the Legislative Assembly, or
(b) if the Legislative Assembly is not in session, promptly file the report with the Clerk of the Legislative Assembly.
(5) For the purposes of subsection (1) (a) and (b), the first 5-year period begins on April 1, 2019.
(6) For the purposes of subsection (1) (c) and (d), the first 5-year period begins on April 1, 2024.
46.2 (1) Nothing in this Act limits the jurisdiction of the commission under Part 2 of the Insurance Corporation Act.
(2) In the event of a conflict between this Act and Part 2 of the Insurance Corporation Act, Part 2 of the Insurance Corporation Act applies.
(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation Act but subject to directions issued to the commission under section 47 of that Act or section 3 of the Utilities Commission Act, the commission has the jurisdiction to do the following at any time and for any purpose related to rates within the meaning of section 44 (3) (a) of that Act:
(a) approve, require the replacement of or override and replace, whether or not prescribed by the Lieutenant Governor in Council,
(ii) the criteria on which a premium is based;
(b) establish interim premiums.
47-51 [Not in force. Repealed 2006-33-1.]