Bill 20 – 2018: Insurance (Vehicle) Amendment Act, 2018

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

SECTIONS 1 AND 2: [Insurance (Vehicle) Act, sections 1 and 1.1]

make housekeeping amendments;
add definitions consequential to amendments made to the Act by this Bill.

1 Section 1 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended

"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;

(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;

(b) by repealing the definition of "owner's certificate" and substituting the following:

"owner's certificate" means a class of certificate issued under the plan to an owner; .

SECTIONS 1 AND 2: [Insurance (Vehicle) Act, sections 1 and 1.1]

make housekeeping amendments;
add definitions consequential to amendments made to the Act by this Bill.

"accident" means an accident arising out of the use or operation of a vehicle;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act. , and

(b) by repealing the definitions of "additional premium", "basic premium", "driver's certificate" and "point penalties".

SECTION 3: [Insurance (Vehicle) Act, section 11] makes housekeeping amendments.

(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.

SECTION 4: [Insurance (Vehicle) Act, section 18]

makes housekeeping amendments;
makes an amendment consequential to amendments made to the Act by this Bill.

(a) in subsection (1) (a) by striking out "the vehicle accident" and substituting "the accident",

(b) in subsection (2) by striking out "a vehicle accident" and substituting "an accident", and

(c) in subsection (4) by striking out "a vehicle accident" and substituting "an accident" and by striking out "an owner's certificate" and substituting "a certificate".

SECTIONS 5 AND 6: [Insurance (Vehicle) Act, sections 22 and 24] make housekeeping amendments.

5 Section 22 (1) is amended by striking out "caused by a vehicle" and substituting "caused by a vehicle or the use or operation of a vehicle".

SECTIONS 5 AND 6: [Insurance (Vehicle) Act, sections 22 and 24] make housekeeping amendments.

(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.

SECTION 7: [Insurance (Vehicle) Act, section 28]

limits application of the section to accidents occurring before April 1, 2019, consequential to amendments made to the Act by this Bill;
makes housekeeping amendments.

(b) in subsection (1) by striking out "a motor vehicle accident in British Columbia" and substituting "an accident occurring in British Columbia before April 1, 2019" and by striking out "in the form the corporation prescribes" and substituting "in any form or manner established by the corporation", and

(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.

SECTION 8: [Insurance (Vehicle) Act, section 28.1]

limits application of the section to the provision of health care in relation to an accident occurring on or after April 1, 2019;
requires health care practitioners who provide health care to a person injured in an accident to provide a report to the Insurance Corporation of British Columbia;
provides requirements for the report.

Health care reports for accidents on or after April 1, 2019

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:

(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.

SECTION 9: [Insurance (Vehicle) Act, section 33]

makes housekeeping amendments;
makes an amendment consequential to amendments made to the Act by this Bill.

9 Section 33 (1) is amended by striking out "At the time" and substituting "Subject to the regulations, at the time", by striking out "owner's certificate or driver's certificate" and substituting "certificate" and by striking out "the basic premium for that class of certificate and any additional premium that," and substituting "the premium for the applicable certificate that,".

SECTION 10: [Insurance (Vehicle) Act, sections 34 and 35]

authorizes the Insurance Corporation of British Columbia to establish premiums for certificates;
sets out the criteria on which a premium may be based;
provides what is payable for a certificate;
provides when a premium for a certificate must be established;
contemplates that changes in premiums may be phased in as approved by the British Columbia Utilities Commission;
repeals section 35.

Premiums for certificates

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,

(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:

(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;

(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;

(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:

(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;

(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.

SECTION 11: [Insurance (Vehicle) Act, section 36]

makes amendments consequential to amendments made to the Act by this Bill;
makes housekeeping amendments.

(1) Subject to the regulations, on payment of the premium assessed for a certificate, and on approval of the application by the corporation, the corporation must issue the certificate to the applicant. ,

(b) in subsection (2) by striking out "An owner's certificate, driver's certificate and the applications for them" and substituting "A certificate and an application for it",

(c) in subsection (3) by striking out "persons insured under owners' certificates" and substituting "a person insured under a certificate" and by striking out "an owner's certificate" and substituting "a certificate", and

(d) in subsection (4) by striking out "certificate of insurance" and substituting "certificate" and by striking out "an owner's certificate, a driver's certificate or a motor vehicle liability insurance card" and substituting "a certificate or a motor vehicle liability insurance card, as applicable,".

SECTIONS 12 TO 14: [Insurance (Vehicle) Act, sections 38, 39 and 40] make housekeeping amendments.

12 Section 38 (1) is amended by striking out "licence plate" and substituting "number plate", by striking out "an owner's certificate" and substituting "a certificate other than a driver's certificate" and by striking out "the owner's certificate" and substituting "the certificate".

SECTIONS 12 TO 14: [Insurance (Vehicle) Act, sections 38, 39 and 40] make housekeeping amendments.

13 Section 39 (1) is amended by striking out "the owner's certificate in which the vehicle is specified and" and substituting "the certificate".

SECTIONS 12 TO 14: [Insurance (Vehicle) Act, sections 38, 39 and 40] make housekeeping amendments.

(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

(b) at the beginning of the day on the effective date specified in the certificate,

(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. , and

(c) in subsection (5) by striking out "an owner's certificate" and substituting "a certificate other than a driver's certificate" and by striking out "owner's certificate" wherever it appears and substituting "certificate".

SECTION 15: [Insurance (Vehicle) Act, section 41]

makes an amendment consequential to amendments made to the Act by this Bill;
makes a housekeeping amendment.

15 Section 41 (2) (a) is amended by striking out "or an additional premium" and by striking out "of insurance".

SECTION 16: [Insurance (Vehicle) Act, section 42] makes amendments consequential to amendments made to the Act by this Bill.

16 Section 42 is amended by striking out "28," and substituting "28 (1), 28.1 (2),".

SECTION 17: [Insurance (Vehicle) Act, section 45]

clarifies regulation-making authority;
makes housekeeping amendments;
makes amendments consequential to amendments made to the Act by this Bill.

(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; ,

(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;

(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); ,

(d) in subsection (2) (o) by striking out "an owner's certificate" in both places and substituting "a certificate",

(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; ,

(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. ,

(h) in subsection (5) by striking out "nonresident" and substituting "non-resident" and by striking out "nonresidents" and substituting "non-residents".

SECTION 18: [Insurance (Vehicle) Act, section 45.1]

authorizes the Lieutenant Governor in Council to make regulations

respecting the amount payable as benefits by the Insurance Corporation of British Columbia for the provision of health care by a health care practitioner,
authorizing agreements between health care practitioners and the Insurance Corporation of British Columbia respecting the amount payable as benefits for the provision of health care, and
for the purposes of definitions added to the Act by this Bill;

authorizes different regulations for different health care practitioners, different health care, in relation to health care or health care practitioners, different geographical areas and different types or classes of agreements;
authorizes a regulation to adopt by reference a payment schedule under the Medicare Protection Act;
requires a review, every 5 years, of a regulation respecting the amount payable as benefits by the Insurance Corporation of British Columbia for the provision of health care by a health care practitioner;
requires a report of the review, which may include recommendations to amend a regulation reviewed, to be submitted to the minister;
requires the minister to lay the report before the Legislative Assembly or the Clerk of the Legislative Assembly.

Regulations respecting health care fees

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 by the corporation for the provision of health care by a health care practitioner to an insured person, including, without limitation, regulations

(i) establishing rates, formulas, rules or principles, including using a consumer price index published by Statistics Canada under the Statistics Act (Canada), or

(ii) 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.

(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

(3) A regulation under subsection (1) (a) (ii) 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) At least once every 5 years, the minister must initiate a review of a regulation made under subsection (1) (a).

(5) A review under subsection (4) must be conducted in consultation with the corporation and any other person or organization the minister considers appropriate.

(a) must be submitted to the minister within one year after the review is initiated, and

(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.

(8) For the purposes of subsection (4), the first 5-year period begins on April 1, 2019.

SECTION 19: [Insurance (Vehicle) Act, section 46.2] is consequential to amendments made to the Act by this Bill.

(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation 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,

SECTION 20: [Insurance (Vehicle) Act, section 72] clarifies regulation-making authority.

(b.3) respecting those persons who are or may be insured under optional insurance contracts or a prescribed class of optional insurance contracts and the perils or risks for which insurance may be provided;

(b.4) respecting the insurance money payable to or on behalf of insured persons; , and

(b) in paragraph (n.1) by striking out "may be submitted to arbitration" and substituting "may or must be submitted to arbitration".

SECTION 21: [Insurance (Vehicle) Act, heading to Part 5] is self-explanatory.

SECTIONS 22 TO 24: [Insurance (Vehicle) Act, sections 76, 81 and 82] make housekeeping amendments.

22 Section 76 (6) (c) is amended by striking out "specified in the owner's" and substituting "in respect of which the insurance money is payable under a".

SECTIONS 22 TO 24: [Insurance (Vehicle) Act, sections 76, 81 and 82] make housekeeping amendments.

23 Section 81 is amended by striking out "owner's certificate" wherever it appears and substituting "certificate".

SECTIONS 22 TO 24: [Insurance (Vehicle) Act, sections 76, 81 and 82] make housekeeping amendments.

24 Section 82 (2) is amended by striking out "owner's certificate" and substituting "certificate".

SECTION 25: [Insurance (Vehicle) Act, section 82.2]

adds a definition for the purposes of the section;
limits the amount that may, in an action, be recovered for a health care loss;
provides how the value of a health care loss must be estimated for the purposes of the section;
limits the application of the section to a health care loss resulting from an accident occurring on or after April 1, 2019.

Liability limited for health care costs

82.2 (1) In this section, "health care loss" means a cost or expense incurred or to be incurred for health care provided by a health care practitioner.

(2) In an action for damages caused by a vehicle or the use or operation of a vehicle, a person may not recover, for a health care loss, an amount that exceeds one of the following:

(a) the amount, if any, that is established or determined for the particular health care loss under a regulation under section 45.1 (1) (a);

(3) If, for the purposes of this section, it is necessary to estimate the value of a health care loss, the value must be estimated according to the value the deferred health care loss has on the date of the estimate determined in accordance with subsection (2).

(4) This section applies only in relation to a health care loss resulting from an accident occurring on or after April 1, 2019.

SECTION 26: [Insurance (Vehicle) Act, section 83]

expands the definition of "benefits" for the purposes of sections 83 and 84 of the Act;
excludes, from the definition of "benefits", health care services as defined in section 1 of the Health Care Costs Recovery Act;
excludes, from the definition of "benefits", compensation under the Workers Compensation Act in specified circumstances;
makes amendments consequential to the definition of "benefits" as amended by this Bill;
limits what may be considered by a court in estimating an amount of benefits that has not been ascertained;
subject to specified exceptions, provides that a person who pays or provides benefits is not subrogated to the right of recovery of the person who receives the benefits.

(1) In this section and in section 84, "benefits" means amounts paid or payable, or things or services provided or to be provided in kind, directly or indirectly and whether or not as a result of a right of indemnity,

(b) as follows, for a loss or expense similar to a loss or expense covered by benefits within the meaning of section 1.1:

(ii) under the Workers Compensation Act or a similar law of a jurisdiction other than British Columbia;

(iv) by the government of a province or territory of Canada, Canada or another jurisdiction;

(v) under terms or conditions of employment or an agreement for collective bargaining, and

(c) in prescribed circumstances, for a loss or expense similar to a loss or expense covered by benefits within the meaning of section 1.1,

(e) health care services as defined in section 1 of the Health Care Costs Recovery Act, or

(f) in prescribed circumstances, an amount paid or payable, or a thing or service provided or to be provided in kind, directly or indirectly and whether or not as a result of a right of indemnity, under paragraph (b).

(1.1) Despite paragraph (b) (ii) of the definition of "benefits" in subsection (1), compensation that is paid or provided, or that is payable or to be provided, under the Workers Compensation Act is excluded from the definition of "benefits" if either of the following applies:

(a) the person to whom the compensation is paid or provided, or payable or to be provided, elects not to claim compensation under section 10 (2) of that Act and the person is not entitled to compensation under section 10 (5) of that Act;

(b) the Workers' Compensation Board pursues its right of subrogation under section 10 (6) of that Act. ,

(3) Nothing in this section precludes a person who is liable to pay or provide benefits from demanding from the person referred to in subsection (2), as a condition precedent to receiving the benefits, a release to the extent of the value of the benefits. ,

(5.1) In estimating, under subsection (5), an amount of benefits that has not been ascertained, the court may not consider the likelihood that the benefits will be paid or provided. , and

(6) If, for the purposes of this section or section 84, it is necessary to estimate the value of benefits that may or must be paid or provided, the value must be estimated according to the value on the date of the estimate of the deferred benefits, calculated for the period for which the benefits are authorized or required to be paid or provided.

(7) Despite any right of subrogation a person may have under an agreement, the common law or an enactment, but subject to section 10 (6) of the Workers Compensation Act and section 84 of this Act, a person who pays or provides benefits, or who assumes liability to pay or provide benefits, is not subrogated to a right of recovery of the person referred to in subsection (2).

SECTION 27: [Insurance (Vehicle) Act, section 84]

makes amendments consequential to the definition of "benefits" in section 83 as amended by this Bill;
provides when the right of subrogation under the section does not apply.

(a) in subsection (1) by striking out "On making a payment of" and substituting "On paying or providing" and by striking out "for payment of" and substituting "for paying or providing",

(b) in subsection (1) (a) by adding "or provision" after "in respect of whom the payment", and

(1.1) For certainty, subsection (1) does not apply if benefits paid or provided, or benefits the insurer is liable to pay or provide, have been deducted or, but for a settlement, would have been deducted, from an award of damages under section 83 (5).

SECTION 28: [Insurance (Vehicle) Act, section 94]

clarifies regulation-making authority for the purposes of Part 5 of the Act;
authorizes the Lieutenant Governor in Council to make regulations for the purposes of the definition of "benefits" in section 83 of the Act as amended by this Bill.

Power to make regulations under this Part

94 (1) 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) respecting the priority of claims under the plan or optional insurance contracts;

(b) establishing an amount, or prescribing the manner of determining an amount, for the purposes of section 82.1 (2) (b);

(d) prescribing circumstances for the purposes of paragraphs (c) and (f) of the definition of "benefits" in section 83 (1).

(2) In making regulations under subsection (1) (c), the Lieutenant Governor in Council may make different regulations in relation to lessors and motor vehicles, or classes of either, in different circumstances.

SECTION 29: [Insurance (Vehicle) Act, Part 7]

adds definitions and interpretation rules for the purposes of Part 7, added to the Act by this Bill;
provides that Part 7, added to the Act by this Bill, applies to an accident occurring on or after April 1, 2019;
provides that the amount that can be recovered as damages for non-pecuniary loss must be calculated or determined in accordance with the regulations and requires the amount to be reduced in proportion to a claimant's contributory negligence, if any;
authorizes the Lieutenant Governor in Council to make regulations for the purposes of Part 7, added to the Act by this Bill.

Definitions and interpretation

"accident" means an accident occurring in British Columbia that is caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury;

"claimant" means a person who claims damages for non-pecuniary loss for a bodily injury resulting from an accident;

"diagnostic and treatment protocol" means a protocol prescribed for the purposes of examining, assessing, diagnosing and treating a minor injury;

"minor injury" means a physical or mental injury, whether or not chronic, that

(a) subject to subsection (2), does not result in a serious impairment or a permanent serious disfigurement of the claimant, and

"permanent serious disfigurement", in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance;

"serious impairment", in relation to a claimant, means a physical or mental impairment that

(a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and

(2) Subject to subsection (3) and the regulations, an injury that, at the time of the accident or when it first manifested, was an injury within the definition of "minor injury" in subsection (1) is deemed to be a minor injury if

(a) the claimant, without reasonable excuse, fails to seek a diagnosis or comply with treatment in accordance with a diagnostic and treatment protocol prescribed for the injury, and

(i) results in a serious impairment or a permanent serious disfigurement of the claimant, or

(ii) develops into an injury other than an injury within the definition of "minor injury" in subsection (1).

(3) An injury is not deemed, under subsection (2), to be a minor injury if the claimant establishes that either of the circumstances referred to in subsection (2) (b) would have resulted even if the claimant had sought a diagnosis and complied with treatment in accordance with a diagnostic and treatment protocol prescribed for the injury.

(4) For the purposes of this Part, a minor injury includes a symptom or a condition associated with the injury whether or not the symptom or condition resolves within 12 months, or another prescribed period, if any, after the date of an accident.

Application of this Part

Limit on non-pecuniary loss for minor injuries

103 (1) Subject to subsection (2), the amount recoverable by a claimant as damages for non-pecuniary loss arising from one or more minor injuries suffered by the claimant in a single accident must be calculated or determined in accordance with the regulations.

(2) The amount recoverable by a claimant under subsection (1) must be reduced in proportion to the claimant's degree of fault, if any, in the accident.

Power to make regulations under this Part

104 (1) 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) respecting the examination and assessment of injuries, the determination of whether an injury is a minor injury and the onus of proof on such a determination;

(b) respecting the examination, assessment, diagnosis and treatment of minor injuries, including, without limitation,

(i) establishing or adopting procedures, guidelines, criteria, requirements or standards to be followed or met, as applicable, by claimants, insurers and prescribed health care practitioners, and

(ii) establishing time limits for the purposes of obtaining an examination, assessment, diagnosis or treatment;

(c) prescribing circumstances in which a prescribed diagnostic and treatment protocol applies and providing when a protocol no longer applies;

(d) governing the roles, in relation to a protocol, of claimants, insurers and prescribed health care practitioners and imposing limits on those roles;

(e) respecting treatment plans for a minor injury and respecting the number and type of treatments for a minor injury, including, without limitation, prescribing different numbers or types of treatments for different circumstances;

(f) respecting referrals, including referrals to a person in a prescribed class of persons, for the purposes of obtaining an opinion about

(v) requiring reports from persons in the class and establishing the form of, and information to be included in, those reports;

(h) respecting procedures and conditions for the making of claims to, and the refusal and payment of claims by, an insurer, including, without limitation, establishing circumstances in which claims are deemed to have been approved;

(i) establishing forms for claims and treatment plans or authorizing the corporation to establish forms for claims and treatment plans;

(j) prescribing injuries or types or classes of injuries for the purposes of the definition of "minor injury" in section 101 (1);

(k) respecting criteria for the purposes of the definition of "permanent serious disfigurement" in section 101 (1);

(l) respecting criteria and prescribing a period for the purposes of the definition of "serious impairment" in section 101 (1);

(m) respecting circumstances in which an injury or an injury in a prescribed class of injuries, or a claimant or a claimant in a prescribed class of claimants, will be exempt from the application of section 101 (2);

(n) for the purposes of section 103 (1), respecting damages for non-pecuniary loss for a minor injury, including, without limitation, establishing

(i) an amount of damages or a limit on damages for a minor injury arising from an accident in which a claimant suffers

(ii) rates, formulas, rules or principles, including using a consumer price index published by Statistics Canada under the Statistics Act (Canada), for calculating or determining an amount of damages or a limit on damages.

(2) A regulation under subsection (1) (b) (i) may adopt by reference, in whole or in part and with any change the Lieutenant Governor in Council considers necessary, any procedures, guidelines, criteria, requirements or standards published by a body, or person with a professional designation, approved by the Lieutenant Governor in Council for the purposes of this section.

(3) Procedures, guidelines, criteria, requirements or standards adopted under subsection (2) may be adopted as they stand at the time of adoption or as amended from time to time.

(4) A regulation under subsection (1) (n) may be different in respect of accidents occurring on or after different dates or in different periods.

SECTION 30: [Insurance (Vehicle) Act, Part 8]

relocates general regulation-making authority for the purposes of the Act to Part 8, added to the Act by this Bill;
authorizes the Lieutenant Governor in Council, in making a regulation under the Act, to delegate a matter to or confer a discretion on the Insurance Corporation of British Columbia;
authorizes the Lieutenant Governor in Council to make regulations for specified purposes, retroactive to the date section 106 comes into force or a later date;
provides for the repeal of the regulation-making authority on April 1, 2021 or on an earlier date that may be prescribed by the Lieutenant Governor in Council.

Power to make regulations under the Act

105 (1) 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 referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) exempting a person or class of persons from a provision of this Act or the regulations under this Act;

(b) defining, for the purposes of this Act or the regulations under this Act, words or expressions used but not defined in this Act;

(d) respecting any other matter for which regulations are contemplated by this Act.

(3) In making a regulation under this Act, the Lieutenant Governor in Council may, in addition to any other variation authority that is specifically provided,

(a) make different regulations for different persons, places, things, circumstances or transactions, or different classes of persons, places, things, circumstances or transactions, and

(b) establish different classes of persons, places, things, circumstances or transactions.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may delegate a matter to or confer a discretion on the corporation.

Transitional regulations

106 (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;

(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;

(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in an enactment or providing for the application or continued application of a previous enactment;

(2) A regulation under subsection (1) may be made retroactive to the date this section comes into force or a later date and, if made retroactive, is deemed to have come into force on the specified date.

(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(4) This section and any regulations made under this section are repealed on April 1, 2021 or on an earlier date prescribed by the Lieutenant Governor in Council.

Transitional Provisions

SECTION 31: [Transition – Application of sections 83, 84 and 94 of the Insurance (Vehicle) Act] is self-explanatory.

Transition – Application of sections 83, 84 and 94
of the Insurance (Vehicle) Act

31 Sections 83, 84 and 94 (1) (d) of the Insurance (Vehicle) Act, as amended or enacted by this Act, as the case may be, apply in relation to a bodily injury or death caused by a vehicle or the use or operation of a vehicle on or after the date this Act receives Royal Assent.

SECTION 32: [Transition – Retroactive regulations]

adds definitions for the purposes of the section;
authorizes the Lieutenant Governor in Council to make regulations for specified purposes, retroactive to January 1, 2018;
requires retroactive regulations to be made on or before December 31, 2018.

Transition – Retroactive regulations

"accident" has the same meaning as in section 1.1 of the Insurance (Vehicle) Act as amended by this Act;

"benefits" has the same meaning as in section 1.1 of the Insurance (Vehicle) Act;

"corporation" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Act;

"occurrence" means a single happening or a series of happenings arising from a single event.

(2) For the purpose of limiting the corporation's liability for benefits in respect of each insured person injured in the same occurrence on or after January 1, 2018, the Lieutenant Governor in Council may make regulations under section 45 (2) (d.1) of the Insurance (Vehicle) Act, as enacted by this Act, retroactive to the extent necessary to apply to an accident occurring on or after January 1, 2018.

(3) A regulation under subsection (2) must be made on or before December 31, 2018.

Consequential and Related Amendments

SECTION 33: [Motor Vehicle Act, section 1] is consequential to amendments made to the Insurance (Vehicle) Act by this Bill.

33 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in the definition of "insurance premium" by striking out everything after "motor vehicle liability policy".

SECTION 34: [Motor Vehicle Amendment Act (No. 2), 2012, sections 12 and 13] is consequential to amendments made to the Insurance (Vehicle) Act by this Bill.

34 Sections 12 and 13 of the Motor Vehicle Amendment Act (No. 2), 2012, S.B.C. 2012, c. 34, are repealed.

SECTION 35: [Senior Citizen Automobile Insurance Grant Act, section 1] is consequential to amendments made to the Insurance (Vehicle) Act by this Bill.

35 Section 1 (1) of the Senior Citizen Automobile Insurance Grant Act, R.S.B.C. 1996, c. 422, is amended by striking out "basic".

Commencement

Explanatory Notes