HONOURABLE MIKE FARNWORTH
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL

BILL 20 – 2020

MOTOR VEHICLE AMENDMENT ACT (No. 2), 2020

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

SECTION 1: [Motor Vehicle Act, section 1] repeals and replaces the definition of "number plates".

1 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by repealing the definition of "number plates" and substituting the following:

"number plate" means the following:

(a) a number plate issued under this Act;

(b) if a validation decal is issued under this Act for attachment to a number plate, the number plate with the validation decal; .

SECTION 2: [Motor Vehicle Act, section 12]

2 Section 12 is repealed and the following substituted:

Number plates

12  (1) Each number plate must

(a) be marked with the licence number of the motor vehicle or trailer for which it is issued, and

(b) be of a material and design determined by the Insurance Corporation of British Columbia.

(2) On renewal of a licence in respect of a motor vehicle or trailer, instead of issuing new number plates, the Insurance Corporation of British Columbia may, in accordance with the regulations,

(a) issue validation decals that are valid for the term of the licence, or for a period that is longer than the term of the licence, to be attached to previously issued number plates,

(b) issue non-expiring validation decals to be attached to previously issued number plates, including for trailers or semi-trailers that are licensed and registered under section 6 of the Commercial Transport Act, or

(c) instead of issuing validation decals, issue a prescribed document or take a prescribed action respecting the validity of a licence.

(3) The validation decals referred to in subsection (2) must be of a material and design determined by the Insurance Corporation of British Columbia.

(4) A number plate issued for a motor vehicle or trailer must be displayed, in the manner prescribed, on the motor vehicle or trailer at all times while the motor vehicle or trailer is on a highway.

(5) If

(a) a renewal licence in respect of a motor vehicle or trailer already licensed under this section is obtained before the expiry date of the existing licence, and

(b) a new validation decal is issued on the renewal of the licence,

the display on the motor vehicle or trailer of the number plate with the new validation decal, at any time during the month preceding the designated expiry date of the existing licence, is sufficient to be in compliance with subsection (4) for that month, so long as the existing licence continues to be carried in the vehicle.

(6) Number plates and validation decals issued under this section are the property of the Insurance Corporation of British Columbia whether they were issued before, on or after the date this section comes into force.

SECTION 3: [Motor Vehicle Act, section 13]

3 Section 13 is amended

(a) in subsection (1) (b) and (c) by striking out "licence year" and substituting "licence term", and

(b) in subsection (2) by striking out everything after "motor vehicles may" and substituting the following:

(a) seize a number plate

(i) that the officer, constable or inspector finds detached from a motor vehicle or trailer or displayed on a motor vehicle or trailer other than the one for which it was issued, or

(ii) that is required under this Act or by a direction of the Insurance Corporation of British Columbia to be surrendered, and

(b) hold the number plate until the receipt of instructions from the Insurance Corporation of British Columbia as to its disposal.

SECTION 4: [Motor Vehicle Act, section 20] sets out what an owner or licensee must do when applying for a refund of an insurance premium or licence fee.

4 Section 20 (1) is amended by striking out everything after paragraph (c) and substituting the following:

the owner or licensee applies for a refund of insurance premium or licence fee, the owner or licensee of the motor vehicle or trailer must

(d) sign and transmit to the Insurance Corporation of British Columbia a notice in the form required by the corporation,

(e) deal with the licence as directed by the corporation,

(f) deal with the number plates for the motor vehicle or trailer as directed by the corporation, and

(g) if the owner or licensee was issued a document under section 12 (2) (c) or the corporation took an action under that provision, deal with the document as directed by the corporation or take a prescribed action.

SECTION 5: [Motor Vehicle Act, section 51] sets out what the Insurance Corporation of British Columbia may do in the case of loss, mutilation or destruction of a validation decal.

5 Section 51 (2) is repealed and the following substituted:

(2) In the case of loss, mutilation or destruction of a validation decal issued to the licensee, the Insurance Corporation of British Columbia may

(a) issue a new validation decal to the licensee if the licensee

(i) provides satisfactory proof of the loss, mutilation or destruction of a validation decal issued to the licensee,

(ii) applies in the form that the Insurance Corporation of British Columbia requires, and

(iii) pays the prescribed fee, if any, or

(b) instead of issuing new validation decals, issue a prescribed document or take a prescribed action respecting the validity of a licence.

SECTION 6: [Motor Vehicle Act, section 74] is consequential to amendments made by this Bill to sections 12 and 51 of the Act.

6 Section 74 is amended

(a) by repealing subsection (1) (a) (ii) and substituting the following:

(ii) on a validation decal issued under section 12 (2) or 51 (2), or , and

(b) in subsections (1) (b) (i) and (ii) and (2) by striking out "numbered decal" wherever it appears and substituting "validation decal".

SECTION 7: [Motor Vehicle Act, section 210]

7 Section 210 is amended

(a) in subsection (3) by adding the following paragraphs:

(a.1) for the purposes of sections 12 and 51 (2), respecting validation decals, including prescribing the circumstances in which the Insurance Corporation of British Columbia may

(i) issue validation decals for a period that is longer than the term of a licence in respect of a motor vehicle or trailer,

(ii) issue non-expiring validation decals, or

(iii) instead of issuing validation decals, issue a prescribed document or take a prescribed action respecting the validity of a licence;

(a.2) for the purposes of documents or actions prescribed under section 12 (2) (c),

(i) respecting the display and possession of the documents, and

(ii) respecting requirements in relation to the actions;

(a.3) providing that a contravention of a regulation made under paragraph (a.2) constitutes an offence and that a person who commits an offence under that regulation is liable to a penalty not greater than the penalties provided under the Offence Act, and

(b) in subsection (10) by striking out "him or her" and substituting "the person".

Commencement

8  This Act comes into force on the date of Royal Assent.


Explanatory Notes

SECTION 1: [Motor Vehicle Act, section 1] repeals and replaces the definition of "number plates".

SECTION 2: [Motor Vehicle Act, section 12]

SECTION 3: [Motor Vehicle Act, section 13]

SECTION 4: [Motor Vehicle Act, section 20] sets out what an owner or licensee must do when applying for a refund of an insurance premium or licence fee.

SECTION 5: [Motor Vehicle Act, section 51] sets out what the Insurance Corporation of British Columbia may do in the case of loss, mutilation or destruction of a validation decal.

SECTION 6: [Motor Vehicle Act, section 74] is consequential to amendments made by this Bill to sections 12 and 51 of the Act.

SECTION 7: [Motor Vehicle Act, section 210]