2006 Legislative Session: 2nd Session, 38th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 4th day of May, 2006
Ian D. Izard, Q.C., Law Clerk
HONOURABLE JOHN LES
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Gaming Control Act
1 Section 1 (1) of the Gaming Control Act, S.B.C. 2002, c. 14, is amended in paragraphs (a), (b) (iii) and (iv) and (c) of the definition of "associate" by striking out "a financial" and substituting "an".
2 Section 12 is amended
(a) by renumbering the section as section 12 (1),
(b) in subsection (1) by striking out "Subject to the approval of the Lieutenant Governor in Council," and substituting "Subject to subsection (2),", and
(c) by adding the following subsection:
(2) The Lieutenant Governor in Council may order that the lottery corporation's authority under subsection (1) to make a payment in any year or for any number of years is subject to the approval of the Lieutenant Governor in Council.
3 The following section is added to Part 3:
17.1 In this Part:
"host local government" means the municipality, regional district or first nation that has authority over land use planning at the place where,
(a) under section 18 (1) (a), a facility is proposed to be developed, used or operated as a gaming facility,
(b) under section 18 (1) (b), an existing gaming facility is proposed to be relocated, or
(c) under section 18 (1) (c), a substantial change referred to in that provision is proposed to be made;
"potentially affected local government" means the municipality, regional district or first nation that has authority over land use planning for an area the boundary of which is, at any point, within the prescribed distance from
(a) a facility that under section 18 (1) (a) is proposed to be developed, used or operated as a gaming facility,
(b) the place where an existing gaming facility is proposed to be located under section 18 (1) (b), or
(c) a facility to which a substantial change is proposed to be made under section 18 (1) (c);
"regional district" includes a local trust committee as defined in the Islands Trust Act.
4 Section 19 is amended
(a) by repealing subsection (1) (a) and (b) and substituting the following:
(a) first receives the approval, in the prescribed form and manner, from the host local government,
(b) is satisfied that the host local government has consulted with each potentially affected local government with respect to the subject matters prescribed by regulation, and , and
(b) in subsection (2) by striking out "municipality, regional district or first nation" in both places and substituting "host local government".
5 Section 21 (1) and (2) is repealed and the following substituted:
(1) If the lottery corporation proposes to develop, use or operate a facility as a gaming facility or relocate an existing gaming facility, a potentially affected local government may file, within the prescribed time, an objection with the lottery corporation in the form and manner required by the lottery corporation.
(1.1) An objection under subsection (1) may only address the prescribed subject matters.
(2) If the lottery corporation receives an objection under subsection (1), then, within the prescribed time after the filing of the objection, the lottery corporation must require the host local government to participate in a form of non-binding dispute resolution with the potentially affected local government.
(2.1) The non-binding dispute resolution process referred to in subsection (2) may only
(a) address the issues raised in the objection, and
(b) determine the appropriate compensation to be made, if any, by the host local government to the potentially affected local government for the significant costs the potentially affected local government demonstrates it will incur as a result of the proposed new or relocated facility.
6 Section 28 (1) is amended
(a) in paragraph (j) (ii) by striking out "and",
(b) in paragraph (k) by adding ", and" after "facilities", and
(c) by adding the following paragraph:
(l) respecting the method by which the prescribed distance for the purposes of the definition of "potentially affected local government" in section 17.1 must be measured, including rules for determining the terminal points of that distance.
7 Section 55 is amended
(a) by renumbering the section as section 55 (1),
(b) in subsection (1) by striking out "Part 8" and substituting "this Part", and
(c) by adding the following subsection:
(2) An appointee or employee must undergo a background investigation under this Part at least once every 5 years to ascertain the suitability of the person to retain the appointment or remain in employment.
8 Section 67 (2) is amended by striking out "3" and substituting "5".
9 Section 73 is amended
(a) in subsection (1) by striking out "immediately", and
(b) in subsection (2) by striking out "may be given to the general manager in advance, in which case" and substituting "must be given to the general manager in advance and".
10 Section 82 is amended
(a) in subsection (1) by adding "any place or premises, including" after "may enter", and
(b) in subsection (2) by adding "place, premises or" after "assistance to enter a".
11 The following sections are added:
82.1 A peace officer conducting a search under the authority of a warrant issued under section 82 (2) may seize and remove gaming supplies, along with the packages within which they are kept, that the peace officer has reasonable grounds for believing are possessed or kept contrary to section 95.
82.2 If gaming supplies are seized by a peace officer under section 82.1, the peace officer must report in writing to the general manager the particulars of the seizure as soon as practicable but no later than 10 days after the seizure.
82.3 (1) On receiving a report under section 82.2, the general manager may order the gaming supplies or a portion of them
(a) returned to their owner or other person entitled to them, or
(b) detained, if the general manager is satisfied the detention is required for purposes of an investigation or proceeding.
(2) Subject to section 82.4, gaming supplies and any packaging in which they were kept that were seized under section 82.1 are forfeited to the government and must be dealt with as the general manager orders if a conviction is obtained for an offence under section 97 for a contravention of section 95 in relation to the gaming supplies.
(3) A person who claims to be the person lawfully entitled to possession of gaming supplies detained under subsection (1) (b), other than a person entitled to make an application to the Supreme Court under section 82.4, may apply to the general manager for the return of the gaming supplies if
(a) at least 6 months have expired since the date of the seizure and no proceeding in respect of those gaming supplies has been initiated, or
(b) a proceeding, including all available appeals, in respect of an offence alleged under section 97 for a contravention of section 95 has been concluded.
(4) An application under subsection (3) (a) must be made within 7 months of the date of the seizure.
(5) An application under subsection (3) (b) must be made within 30 days of the conclusion of the proceeding referred to in that subsection.
(6) On receiving an application under subsection (3), the general manager must order that the gaming supplies be returned to the applicant if the general manager is satisfied that the applicant is lawfully entitled to possession of the gaming supplies and that it is no longer reasonably necessary to retain them.
(7) Subject to section 82.4, if an application is not brought under subsection (3) of this section within the time required by subsection (4) or (5), or if an application has been brought within that time but the general manager is not required to order the return of the gaming supplies under subsection (6), the gaming supplies are forfeited to the government and must be dealt with as the general manager orders.
(8) A person to whom gaming supplies are returned under subsection (6) or by a court order under section 82.4 (2) is not entitled to compensation for any losses, costs or damages suffered or incurred by the person directly or indirectly as a result of the seizure and detention of the gaming supplies.
82.4 (1) If gaming supplies are seized under section 82.1, any person, other than a person accused of an offence as a result of the seizure or in whose possession the gaming supplies were when seized, who claims an interest in the gaming supplies as an owner, lien holder or holder of any similar interest may, within 30 days of the seizure, apply to the Supreme Court for an order under subsection (2) of this section.
(2) If, on hearing an application made under subsection (1), the court is satisfied that
(a) the applicant is innocent of any complicity in the alleged offence in relation to the seizure or of any collusion with the offender in relation to the alleged offence, and
(b) the applicant exercised all reasonable care to satisfy himself or herself that possession of the gaming supplies was not contrary to this Act or the regulations,
the applicant is entitled to an order declaring that the applicant's interest is not affected by the seizure and declaring the nature and extent of the applicant's interest at the time of the contravention, and the court may order that the gaming supplies or a portion of them must be returned to the applicant.
12 Section 88 is repealed and the following substituted:
88 A person, other than the government or a person authorized under this Act, must not
(a) conduct, manage or operate a lottery scheme,
(b) promote or hold himself or herself out as someone authorized under this Act to conduct, manage or operate a lottery scheme, or
(c) negotiate with a municipality, regional district, first nation or any other person respecting the conduct, management or operation of a lottery scheme.
13 The following section is added:
88.1 A person, other than the government or a person authorized under this Act, must not
(a) do, or promote or hold himself or herself out as someone authorized to do, or
(b) negotiate with a municipality, regional district, first nation or any other person respecting
anything referred to in section 18 (1) (a) to (c).
14 Section 97 (2) (a) is amended by adding "or 88.1" after "88".
15 Section 98 (1) (b) (i) is amended by striking out "and not less than $5 000,".
16 Section 105 (1) is amended
(a) in paragraph (j.1) by adding ", including the subject matters to which those consultations must be confined" after "under section 18",
(b) in paragraph (j.2) by adding "and the subject matters to which the objection must be confined" after "corporation", and
(c) in paragraph (u) by striking out "financial".
Insurance (Motor Vehicle) Amendment Act, 2003
17 Section 2 of the Insurance (Motor Vehicle) Amendment Act, 2003, S.B.C. 2003, c. 94, as it enacts section 1 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended
(a) in subsection (1) by repealing the definition of "insured",
(b) in subsection (1) in the definition of "policy" by striking out "an interim receipt, renewal receipt," and substituting "an interim receipt, a renewal receipt or a binder,", and
(c) in subsection (2) (a) and (b) by adding "or the regulations" after "for the purposes of this Act".
18 Section 4 as it enacts section 1.2 (a) of the Insurance (Vehicle) Act is repealed and the following substituted:
(a) insurance under the plan that takes effect on or after the date this section comes into force, .
19 Section 7 (c) as it amends section 7 (1) of the Insurance (Vehicle) Act is amended by striking out "regulation" and substituting "regulations".
20 Section 10 (b), (d) and (e) as it amends section 11 of the Insurance (Vehicle) Act is repealed and the following substituted:
(b) by repealing subsection (2) and substituting the following:
(2) The corporation may require an applicant for insurance or an insured under the plan to provide information, 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. ,
(d) in subsection (3) by striking out "to provide to the corporation prescribed information relating to the incident." and substituting "to provide to the corporation information required by the corporation relating to the incident, in a form established by the corporation.", and
(e) by repealing subsection (4) and substituting the following:
(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.
21 The following section is added:
11.1 Sections 17 and 18 (1) are amended by striking out "a plan" wherever it appears and substituting "the plan".
22 Section 12 as it amends section 18 of the Insurance (Vehicle) Act is amended
(a) by repealing paragraph (b) and substituting the following:
(b) in subsection (1) (c) by striking out "a motor vehicle liability policy" and substituting "third party liability insurance coverage", and , and
(b) in paragraph (c) by striking out "a contract of".
23 Section 15 is repealed and the following substituted:
15 Section 20 (1) is amended by repealing the definition of "uninsured motorist" and substituting the following:
"uninsured motorist" means a person who uses or operates a motor vehicle on a highway in British Columbia when he or she 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 from bodily injury to or the death of a person, or loss of or damage to 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; .
24 Section 19 (b) as it amends section 24 (11) of the Insurance (Vehicle) Act is repealed and the following substituted:
(b) in subsection (11) by striking out "designated" and substituting "specified".
25 Section 23 is repealed and the following substituted:
23 Section 29 is repealed and the following substituted:
29 An employer of a person by or for whom benefits are claimed from the corporation must, whenever the corporation requests, provide to the corporation as soon as reasonably practicable a statement of that person's earnings in the form established by the corporation.
26 Section 25 is repealed and the following substituted:
25 Section 30.1 is repealed.
27 Section 28 as it amends section 34 of the Insurance (Vehicle) Act is amended
(a) by renumbering paragraph (a) as paragraph (a.3), and
(b) by adding the following paragraphs:
(a.1) by repealing subsection (1) (a) and substituting the following:
(a) classes and subclasses of vehicles and drivers of vehicles, and ,
(a.2) in subsection (1.1) (e) by striking out "any plan" and substituting "the plan", .
28 Section 29 is repealed and the following substituted:
29 Section 36 is amended
(a) in subsection (3) by striking out "particulars in a form to meet generally the standards adhered to by the Superintendent of Financial Institutions for motor vehicle liability insurance cards issued under the Insurance Act," and substituting "particulars established by the corporation for motor vehicle liability insurance cards that are required under the Motor Vehicle Act,",
(b) by repealing subsection (5) and substituting the following:
(5) A motor vehicle liability insurance card must not be issued unless the insurance evidenced in it meets the minimum requirements for a certificate. , and
(c) by repealing subsection (6).
29 Section 30 is repealed and the following substituted:
30 Section 38 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Except for a vehicle exempted by the regulations, a permit of any kind and a licence, licence plate or 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 an owner'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 for the owner's certificate. ,
(b) in subsection (2) (b) by striking out "and any additional premium established by the corporation",
(c) in subsection (3) by striking out "motor vehicle or trailer" and substituting "vehicle", and
(d) in subsection (3) by striking out "and" at the end of paragraph (a) and by repealing paragraph (b).
30 Section 32 as it amends section 40 of the Insurance (Vehicle) Act is repealed and the following substituted:
32 Section 40 is amended
(a) in subsections (1) and (5) by striking out "motor vehicle or trailer" wherever it appears and substituting "vehicle", and
(b) in subsections (5) and (6) by striking out "payment of premium" and substituting "payment of the premium".
31 Section 37 as it amends section 45 of the Insurance (Vehicle) Act is amended
(a) by adding the following paragraphs:
(e.1) in subsection (2) (d), (h), (k), (n) and (r) by striking out "any plan" and substituting "the plan",
(f.1) in subsection (2) (m) and (n) by striking out "a plan" and substituting "the plan",
(f.2) in subsection (2) by adding the following paragraph:
(q.1) allowing the corporation to set the amounts of, and recover, prescribed fees, charges or interest; , and
(b) by striking out "and" at the end of paragraph (h), by adding "and" at the end of paragraph (i) and by adding the following paragraph:
(j) by repealing subsection (4) and substituting the following:
(4) Subject to section 85, the observance of terms or conditions established under subsection (1) or (2) is a condition precedent to a person obtaining benefits, insurance money or indemnification provided under the plan.
32 Section 39 as it enacts section 46.2 (3) (a) of the Insurance (Vehicle) Act is repealed and the following substituted:
(a) classes and subclasses of vehicles and drivers of vehicles; .
33 Section 41 as it enacts section 57 of the Insurance (Vehicle) Act is amended
(a) by renumbering section 57 as section 57.1, and
(b) in subsection (1) by repealing the definition of "prescribed condition" and substituting the following:
"prescribed condition" means a term or condition prescribed under section 72 (a).
34 Section 41 as it enacts section 58 (a) of the Insurance (Vehicle) Act is repealed and the following substituted:
(a) optional insurance contracts that are made or renewed in British Columbia and that take effect on or after the date this section comes into force, .
35 Section 41 as it enacts section 59 of the Insurance (Vehicle) Act is repealed.
36 Section 41 as it enacts section 60 of the Insurance (Vehicle) Act is amended
(a) by striking out "Every optional insurance contract evidenced by a vehicle liability policy" and substituting "An optional insurance contract evidenced by a vehicle liability policy, other than a vehicle liability policy that extends coverage specified in a certificate,", and
(b) in paragraph (c) by striking out "costs" and substituting "costs, expenses, interest and reimbursement".
37 Section 41 as it enacts section 61 of the Insurance (Vehicle) Act is amended
(a) in subsection (1) (a) by striking out "on the same terms and conditions, except as provided in paragraph (c)," and substituting "and, except as provided under subsection (1.1), on the same terms and conditions, or",
(b) by repealing subsection (1) (b) and (c) and substituting the following:
(b) provide coverage that is not specified in a certificate or in a policy that extends the coverage that is specified in a certificate. ,
(c) by adding the following subsections:
(1.1) Subject to subsections (1.2) and (2) and the regulations, an optional insurance contract referred to in subsection (1) (a) may prohibit a specified person or class of persons from using or operating the vehicle, exclude coverage for a specified risk or provide different limits of coverage for different persons or risks or classes of persons or risks.
(1.2) An optional insurance contract may not, in respect of third party liability insurance coverage,
(a) prohibit a person who is living with and as a member of the family of the owner of the vehicle from using or operating the vehicle, or
(b) exclude or provide different limits of coverage for that person. ,
(d) by repealing subsections (2) to (4) and substituting the following:
(2) A prohibition, an exclusion or a limit referred to in subsection (1.1) is not binding on the insured unless the policy has printed on it in a prominent place in conspicuous lettering the words "This policy contains prohibitions relating to persons or classes of persons, exclusions of risks or limits of coverage that are not in the insurance it extends". ,
(e) in subsection (5) by striking out "under subsection (1) (a)",
(f) in subsection (7) by striking out "in certain circumstances" and substituting "in circumstances specified in the owner's policy", and
(g) by adding the following subsection:
(8) In subsection (2), "policy" does not include an interim receipt, a renewal receipt or a binder.
38 Section 41 as it enacts section 63 of the Insurance (Vehicle) Act is amended
(a) by repealing subsection (5) and substituting the following:
(5) On every application form and policy, other than an interim receipt, a renewal receipt or a binder, the following must be printed in a prominent place in conspicuous lettering:
"Under section 75 of the Insurance (Vehicle) Act, your claim is invalid if at any time you fail to provide complete and accurate information, violate a term or condition of your policy or commit fraud. This is a summary. For full information, see section 75 of the Insurance (Vehicle) Act.", and
(b) by adding the following subsection:
(7) The requirements of subsections (1) and (3) are met if
(a) an insurer
(i) makes the policy accessible on a website, and
(ii) delivers to the insured the items referred to in subsection (1) (a) to (c), as applicable, together with the address of the website, and
(b) the insured gives written consent to accept delivery of the policy in that manner,
but if the insured later requests, the insurer must deliver or mail the policy or a true copy of it to the insured.
39 Section 41 as it enacts section 67 of the Insurance (Vehicle) Act is amended by repealing subsections (2) and (3) and substituting the following:
(2) If an optional insurance contract contains a clause referred to in subsection (1), the clause is not binding on the insured unless the policy has printed on it in a prominent place in conspicuous lettering the words "This policy contains a partial payment of loss clause".
(3) In subsection (2), "policy" does not include an interim receipt, a renewal receipt or a binder.
40 Section 41 as it enacts section 72 of the Insurance (Vehicle) Act is amended
(a) by repealing paragraph (b) and substituting the following:
(b) providing that any or all of the prescribed conditions
(i) form part of every optional insurance contract or of a prescribed class of optional insurance contracts,
(ii) do not form part of a prescribed class of optional insurance contracts or of a specific contract,
(iii) apply only in respect of a specified type of coverage, or
(iv) do not apply in respect of a specified type of coverage;
(b.1) requiring that the prescribed conditions, with the variations, omissions or additions that are applicable because of a regulation under paragraph (b), be printed on every policy, other than an interim receipt, a renewal receipt or a binder, issued on or after the effective date of the prescribed conditions, with the heading "Prescribed Conditions";
(b.2) requiring that other specified information be printed on a policy, other than an interim receipt, a renewal receipt or a binder, issued on or after the effective date of the regulation;
(b.3) designating those persons who are or may be insured under optional insurance contracts or a prescribed class of optional insurance contracts, the insurance money payable to insured persons and the perils or risks for which insurance may be provided; ,
(b) by repealing paragraph (l) and substituting the following:
(l) prescribing circumstances in which an insurer is not liable, or in which an insurer may provide that it is not liable, under an optional insurance contract; ,
(c) by adding the following paragraphs:
(n.1) providing that prescribed disputes may be submitted to arbitration, and governing the rights and obligations of the arbitrator and a party to the arbitration;
(s) respecting the rights and obligations of an insurer. , and
(d) in paragraph (o) by striking out "costs" and substituting "costs, expenses, interest and reimbursement".
41 Section 41 as it enacts Part 4 of the Insurance (Vehicle) Act is amended by adding the following section:
72.1 Subject to sections 66 and 67 and the regulations, no variation or omission of or addition to a prescribed condition is binding on the insured.
42 Section 41 as it enacts section 74 (a) of the Insurance (Vehicle) Act is repealed and the following substituted:
(a) insurance under the plan and optional insurance contracts that
(i) is obtained or renewed in British Columbia, and
(ii) takes effect on or after the date this section comes into force, .
43 Section 41 as it enacts section 76 (1) of the Insurance (Vehicle) Act is amended by striking out "and section 77" and substituting "and sections 77 and 78".
44 Section 41 as it enacts section 77 of the Insurance (Vehicle) Act is amended
(a) in subsection (2) by striking out "section 30.1" and substituting "section 93.1",
(b) in subsection (7) by striking out "of this section", and
(c) in subsection (9) (b) by striking out "first loss" and substituting "primary".
45 Section 41 as it enacts section 79 of the Insurance (Vehicle) Act is amended
(a) in subsection (1) (b) by striking out "under section 60 (b)",
(b) in subsection (2) (a) by striking out "first loss" and substituting "primary", and
(c) by repealing subsection (5) and substituting the following:
(5) If insurance is provided to the insured under more than one optional insurance contract or under the plan and one or more optional insurance contracts and one or more of them are excess insurance, the insurers must, as between themselves, contribute to the payment of costs, expenses, interest and reimbursement in accordance with their respective liabilities for
(a) damages awarded against the insured, or
(b) the amount payable under a settlement made on behalf of the insured.
46 Section 41 as it enacts section 89 (1) of the Insurance (Vehicle) Act is amended by striking out "proof must be submitted and be admitted as evidence that the person was convicted of an offence committed at the material time under section 253 or 254 (5) of the Criminal Code," and substituting "proof that the person was convicted of an offence committed at the material time under section 253 or 254 (5) of the Criminal Code must be admitted,".
47 Section 41 as it enacts Part 5 of the Insurance (Vehicle) Act is amended by adding the following section:
93.1 (1) In this section:
"convicted" includes
(a) being found guilty, whether under the Youth Criminal Justice Act (Canada) or, before April 1, 2003, under the Young Offenders Act (Canada), as it then was, of contravening section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, 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 that is similar to
(i) section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, or
(ii) section 224 or 226 of the Motor Vehicle Act;
"fine indebtedness" means the indebtedness referred to in paragraph (f) of the definition of "vehicle indebtedness";
"vehicle indebtedness" means
(a) money owing to the corporation in respect of premiums and related fees, charges or interest,
(b) an amount paid by the corporation under section 76 on behalf of an insured if
(i) the amount was, under section 76, paid to a person having a claim referred to in section 76 (2), and
(ii) the insured
(A) is, in relation to the accident that resulted in the injury, death or loss of or damage to property for which the payment was made, convicted of an offence under section 220, 221, 249, 252, 253 (a) or 255 (2) or (3) of the Criminal Code, or of an offence under a provision of the law of the United States of America that is similar to one of those sections, and the offence was committed while the insured was operating or having care or control of a vehicle or by means of a vehicle,
(B) is convicted of an offence under section 253 (b) of the Criminal Code, section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred during the person's commission of the offence and while the person was operating a vehicle,
(C) is convicted of an offence under section 254 (5) of the Criminal Code, section 226 of the Motor Vehicle Act or a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred within the 2 hours preceding the person's commission of the offence and while the person was operating a vehicle, or
(D) was, at the time that the accident occurred, operating a vehicle when not authorized and qualified by law to operate the vehicle,
(c) money in respect of which rights of recovery are assigned to the corporation under section 84 if the person against whom the corporation is entitled to exercise those rights of recovery is, in relation to the injury, death or loss of or damage to property in respect of which the money was paid, convicted of an offence under section 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code or of an offence under a provision of the law of the United States of America that is similar to one of those sections,
(d) money owing to the corporation under
(i) any judgment obtained by the corporation, including any order for costs in favour of the corporation or an insured, or
(ii) any compensation or restitution order made in favour of the corporation under section 42.1 (6) of this Act, under the Criminal Code or under any other enactment,
(e) a fee that is prescribed under the Motor Vehicle Act, and that has not been paid, for
(i) the registration of a motor vehicle or trailer,
(ii) a licence or permit for a motor vehicle or trailer, or
(iii) a driver's licence, and
(f) indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under
(i) a motor vehicle related Criminal Code offence, within the meaning of the Motor Vehicle Act,
(ii) the Motor Vehicle Act,
(iii) the Commercial Transport Act,
(iv) the Motor Fuel Tax Act,
(v) the Highway Act or the Transportation Act,
(vi) the Passenger Transportation Act,
(vii) the Motor Vehicle (All Terrain) Act, or
(viii) the regulations made under an Act referred to in subparagraphs (ii) to (vii).
(2) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is indebted to the government or the corporation for a vehicle indebtedness, the corporation may do one or more of the following for so long as any part of the vehicle indebtedness remains outstanding:
(a) recover the vehicle indebtedness by action against the debtor in a court of competent jurisdiction;
(b) refuse any application made by the debtor for insurance;
(c) cancel any owner's certificate issued in the debtor's name or any universal compulsory vehicle insurance issued in the debtor's name;
(d) issue an owner's certificate or provide universal compulsory vehicle insurance to the debtor with a term of more than 90 days but less than one year;
(e) cancel any driver's certificate issued in the debtor's name;
(f) issue a driver's certificate to the debtor with a term of more than 90 days but less than 5 years.
(3) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is required to reimburse the corporation under section 90 (12) of the Motor Vehicle Act, the corporation may exercise one or more of the rights referred to in subsection (2) (a), (b), (d) or (f) of this section for so long as any part of that indebtedness remains outstanding.
(4) Despite subsections (2) and (3), the corporation must not exercise a right referred to in subsection (2) (b), (c), (d), (e) or (f) unless
(a) the indebtedness is a fine indebtedness,
(b) the corporation has a judgment in its favour in relation to the indebtedness in respect of which it intends to exercise one or more of those rights, or
(c) the corporation mails to the debtor, at the debtor's last address according to the corporation's records, a written demand for payment of that indebtedness together with a notice of any action the corporation intends to take under this section, and the debtor does not, within 30 days after the date of mailing, pay the indebtedness or make arrangements satisfactory to the corporation for payment of the indebtedness.
(5) If money is owed by a debtor to the corporation or the government for a vehicle indebtedness, to the corporation for a reimbursement required under section 90 (12) of the Motor Vehicle Act or to the corporation for any other reason, the corporation may deduct the amount of the indebtedness from any insurance money, other than benefits as defined in section 83 (1) of this Act, payable by the corporation to the debtor, whether or not the corporation has provided a demand to the debtor under subsection (4) (c) of this section.
(6) Nothing in this section limits or qualifies any other collection remedy or right available to the corporation or the government under this or any other enactment in relation to any indebtedness, including a vehicle indebtedness, owing by any person to the corporation or to the government.
48 Section 41 as it enacts section 94 (2) (c) of the Insurance (Vehicle) Act is amended by adding "this Act or" after "for the purposes of".
49 Section 41 as it enacts section 99 (1) (a) of the Insurance (Vehicle) Act is amended by striking out "section 92" and substituting "section 83".
50 Section 44 is repealed.
51 Section 46 (b) and (c) as it amends section 6 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is repealed and the following substituted:
(b) by repealing subsection (4) (b) and substituting the following:
(b) the insurance premium for a certificate issued under the Insurance (Vehicle) Act, and , and
(c) in subsection (5) by adding "for a certificate issued under the Insurance (Vehicle) Act" after "insurance premiums".
52 Section 47 is repealed and the following substituted:
47 Section 61 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended
(a) in subsection (1) (a) by striking out "a motor vehicle liability policy within the meaning of the Insurance Act" and substituting "a vehicle liability policy within the meaning of the Insurance (Vehicle) Act", and
(b) in subsection (2) by striking out "motor vehicle liability policy" and substituting "vehicle liability policy".
53 Section 48 as it enacts section 92.1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out "In this section, "insured"," and substituting "In this section,".
54 Section 63 as it enacts section 9.3 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is repealed.
55 Section 69 is repealed and the following substituted:
69 Section 46 (1) is amended by striking out "section 6 of the Insurance (Motor Vehicle) Act," and substituting "section 8.4,".
56 The following section is added immediately after section 70:
70.1 Section 49 (1) and (2) is amended by striking out "automobile" wherever it appears and substituting "vehicle".
57 The following section is added:
Insurance Corporation Amendment Act, 2003
70.2 Section 9 of the Insurance Corporation Amendment Act, 2003, S.B.C. 2003, c. 35, as it enacts sections 50 (1), (2), (3) (b) and (4), 51 (1) (a) and (b) and 52 (1) to (3) of the Insurance Corporation Act is amended by striking out "automobile" and substituting "vehicle".
58 Section 71 is repealed.
59 Section 72 as it amends section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) in paragraph (c) as it enacts the definition of "insurance premium" by striking out "vehicle liability policy" and substituting "motor vehicle liability policy", and
(b) by adding the following paragraph:
(c.1) by repealing the definition of "motor vehicle indebtedness" and substituting the following:
"motor vehicle indebtedness" has the meaning set out in paragraphs (a) to (f) of the definition of "vehicle indebtedness" in section 93.1 of the Insurance (Vehicle) Act; , .
60 Section 73 as it amends section 3 of the Motor Vehicle Act is amended
(a) by repealing paragraph (c) and substituting the following:
(c) in subsection (4) by striking out "prescribed under the Insurance (Motor Vehicle) Act", ,
(b) by repealing paragraphs (d) and (e) and substituting the following:
(d) by repealing subsection (5) and substituting the following:
(5) For the purpose of every section of this Act requiring a person to obtain a certificate of insurance or pay an insurance premium or a premium for a driver's certificate,
(a) a government agent, or
(b) a person authorized in writing under section 9.2 (3) (b) of the Insurance Corporation Act
may act as an agent of the Insurance Corporation of British Columbia for the purposes of the Insurance (Vehicle) Act, despite section 9.2 of the Insurance Corporation Act, but a government agent or a person so authorized is not considered to be an insurance agent or insurance salesperson under the Financial Institutions Act and is not required to be licensed under that Act. , and
(c) by striking out "and" at the end of paragraph (g), by adding ", and" at the end of paragraph (h) and by adding the following paragraph:
(i) in subsection (10) (b) by striking out "a previous motor vehicle liability policy" and substituting "a previous owner's certificate issued under the Insurance (Vehicle) Act.
73.1 Sections 5 (1) and 17 (1) and (5) are amended by striking out "prescribed under the Insurance (Motor Vehicle) Act".
62 Section 74 is repealed and the following substituted:
74 Section 25 is amended
(a) in subsection (1) by striking out "insurance",
(b) in subsection (7) by striking out "insurance premium" and substituting "premium for the driver's certificate", and
(c) in subsection (7) by striking out "certificate of insurance" and substituting "driver's certificate".
63 Section 77 as it amends section 106 of the Motor Vehicle Act is amended
(a) in paragraph (b) by striking out "as defined in the Insurance (Vehicle) Act",
(b) by repealing paragraph (c),
(c) by repealing paragraphs (d) and (e) and substituting the following:
(d) by repealing subsection (4) and substituting the following:
(4) An insurer who has issued vehicle insurance that provides third party liability insurance coverage to a person entitled under subsection (2) to give proof of financial responsibility must, at the request of the insured, file with the Insurance Corporation of British Columbia a certificate showing the particulars of the vehicle insurance. ,
(e) in subsection (5) by striking out "motor vehicle liability policy" and substituting "vehicle insurance", ,
(d) by adding the following paragraph:
(e.1) in subsection (6) by striking out "policy" and substituting "vehicle insurance", , and
(e) by adding ", and" at the end of paragraph (f) and by adding the following paragraph:
(g) by repealing subsection (8) (b) (iii) and substituting the following:
(iii) not to set up a defence to a claim, action or proceeding, under vehicle insurance issued by it that provides third party liability insurance coverage, that might not be set up if the vehicle insurance had been issued in British Columbia in accordance with the law of British Columbia relating to motor vehicle liability policies, and to satisfy up to the limits of liability under the vehicle insurance, and in any event to an amount not less than the limits of liability prescribed under the Insurance (Vehicle) Act for a motor vehicle liability policy, any judgment rendered against it or its insured by a court in British Columbia in the action or proceeding.
64 The following sections are added:
Passenger Transportation Act
79.1 Section 1 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended by adding the following definition:
"motor vehicle liability policy" means a certificate issued under Part 1 of the Insurance (Vehicle) Act and the regulations under that Part; .
79.2 Section 3 is amended by adding ", the Insurance (Vehicle) Act" after "the Insurance (Motor Vehicle) Act".
65 Section 81 is amended
(a) in subsections (1) and (2) by striking out "this Act" wherever it appears and substituting "this section", and
(b) by adding the following subsections:
(3) For the purposes of subsections (1) and (2), insurance that took effect before the coming into force of this section includes any of the following that occur during the term of the certificate or policy evidencing the insurance:
(a) an amendment or addition made to a certificate or policy that was issued before the coming into force of this section;
(b) a special coverage certificate, as set out in the regulations, issued in respect of a vehicle for which a certificate or policy was issued before the coming into force of this section.
(4) Nothing in this section limits section 35 or 36 of the Interpretation Act.
66 Section 84 (3) is amended by striking out "on December 31, 2006," and substituting "3 years after the date on which it comes into force,".
67 The Schedule is amended by striking out the following:
Motor Carrier Act
R.S.B.C. 1996, c. 3158 (a) (i)
Liquor Control and Licensing Act
68 Section 73 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended
(a) in subsection (1) by striking out "the general manager or a person designated by the general manager" and substituting "the general manager, a person designated by the general manager or a person within a class of persons that is designated by the general manager", and
(b) in subsection (2) by striking out "if the person neglects or refuses to do any" and substituting "if the person refuses or fails to do any".
Motor Vehicle Act
69 Section 12 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by repealing subsection (2) and substituting the following:
(2) Instead of issuing new licence number plates, the Insurance Corporation of British Columbia may issue,
(a) in any year, numbered decals to be attached to previously issued number plates, or
(b) for trailers or semi-trailers that are licensed and registered under section 6 of the Commercial Transport Act, non-expiring decals to be attached to previously issued number plates.
(2.1) The decals referred to in subsection (2)
(a) must be of a material and design determined by the corporation, and
(b) are and remain the property of the corporation.
70 Section 49 is amended
(a) in subsection (1) by adding the following paragraphs:
(a.1) establishing inspection criteria to be applied that, when met, are deemed to indicate that motor vehicles comply with the levels established under section 50 (2) (c);
(a.2) prescribing circumstances where inspection criteria established by regulations under paragraph (a.1) may be applied;
(a.3) establishing the method and procedure used to determine whether the inspection criteria in paragraph (a.1) have been met;
(a.4) permitting the Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority to establish guidelines for the purposes of the exercise of a discretion conferred by a regulation under paragraph (a.2) or (a.3); ,
(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) or section 50",
(c) in subsection (2) (c) by striking out "as defined by type," and substituting "as defined by equipment or by type,", and
(d) by adding the following subsection:
(3) Regulations under subsection (1) (a.2) or (a.3) may
(a) delegate a matter to a person or a class of persons, or
(b) confer a discretion on a person or a class of persons.
71 Section 50 is amended
(a) in subsection (1.1) by adding the following definitions:
"AirCare repair centre" means a place that employs one or more AirCare repair centre technicians and is issued a certification by the Insurance Corporation of British Columbia to perform emission control system repairs and adjustments;
"AirCare repair centre technician" means a person to whom the Insurance Corporation of British Columbia issues a certification
(a) to perform emission control system repairs and adjustments to a motor vehicle, and
(b) to perform other prescribed duties and functions; , and
(b) by repealing subsection (5) and substituting the following:
(5) For the purposes of section 49, this section and the regulations,
(a) the Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority may authorize a person to certify vehicles, and
(b) the Insurance Corporation of British Columbia may issue a certification to a person for an AirCare repair centre or as an AirCare repair centre technician.
(5.1) A certification issued to a person under subsection (5) (b) as an AirCare repair centre technician may be issued by fuel type.
72 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 1 to 57, 59 to 66, 70 and 71 | By regulation of the Lieutenant Governor in Council |
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