The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE NIKI SHARMA
ATTORNEY GENERAL
AND DEPUTY PREMIER
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
CLAUSE 1: [Motor Vehicle Act, section 23] makes a housekeeping amendment.
1 Section 23 (2.1) (b) (ii) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:
(ii) a motor vehicle related Criminal Code offence; .
CLAUSE 2: [Motor Vehicle Act, section 25]
2 Section 25 is amended
(a) in subsection (1) by striking out "sign an application" and substituting "complete an application" and by striking out "the completed evaluation form" and substituting "the evaluation form",
(b) by adding the following subsection:
(1.01) An application under subsection (1) must be made in person unless the applicant meets the criteria prescribed under section 33.1, in which case the application may be made in person, through an online platform or by another means, if any, prescribed under that section. ,
(c) in subsection (1.1) by striking out "must provide the following:" and substituting "must provide the following if required by or on behalf of the Insurance Corporation of British Columbia:",
(d) in subsection (1.1) (b) by striking out "the Insurance Corporation of British Columbia" and substituting "the corporation",
(e) in subsection (1.3) (a) by adding "if required by or on behalf of the Insurance Corporation of British Columbia," before "provide proof of enrolment",
(f) by repealing subsection (1.3) (b) and substituting the following:
(b) complete an application in the form required by the corporation, ,
(g) by repealing subsection (2.1) and substituting the following:
(2.1) For the purposes of making an application under subsection (1) or (1.3), the applicant must provide the Insurance Corporation of British Columbia with information in the form and manner required by the corporation and
(a) the corporation must store the information electronically in a database,
(b) if the application is made in person,
(i) the corporation must reproduce the information that has been stored in the database in a record that is in paper format and must show that record to the applicant to verify the accuracy of the stored information, and
(ii) if the applicant is satisfied that the information in the record is accurate, the applicant must sign the paper record and supply a signature in accordance with section 33.2 (1),
(c) if the application is not made in person, the applicant must
(i) verify, in the manner required by the corporation, the accuracy of the information that has been stored in the database, and
(ii) if required by or on behalf of the corporation, supply a signature in accordance with section 33.2 (1), and
(d) a signature supplied under paragraph (b) (ii) or (c) (ii) by an applicant, or a verification provided under paragraph (c) (i) by an applicant, is evidence that the applicant provided the information that is stored under paragraph (a). ,
(h) by repealing subsection (3) (d) and substituting the following:
(d) if required by or on behalf of the corporation, submit to having the applicant's picture taken, and ,
(i) in subsection (4) by striking out "surrender the last driver's licence or duplicate of it held by the applicant, unless the Insurance Corporation of British Columbia on cause shown to the corporation's satisfaction dispenses with its production" and substituting "deal with the last driver's licence or duplicate of it held by the applicant as directed by the Insurance Corporation of British Columbia",
(j) in subsection (5) by striking out "At the same time" and substituting "Subject to any regulations made under subsection (14.1) (h), at the same time",
(k) by adding the following subsection:
(7.1) The Insurance Corporation of British Columbia may, at any time, request evidence that a person is eligible for a driver's licence
(a) for which the person is applying, or
(b) that has been issued under this Act to the person. ,
(l) in subsection (14.1) by adding the following paragraphs:
(g) respecting an address to which the Insurance Corporation of British Columbia may mail a driver's licence issued under this Act;
(h) respecting interim drivers' licences. , and
(m) by adding the following subsection:
(14.2) A regulation made under subsection (14.1) (g) or (h) may do any of the following:
(a) confer a discretion on the Insurance Corporation of British Columbia;
(b) delegate a matter to the Insurance Corporation of British Columbia.
CLAUSE 3: [Motor Vehicle Act, section 31]
3 Section 31 is amended
(a) in subsection (1) (a) by adding "by a means approved by the corporation," after "of the change,",
(b) by adding the following subsection:
(1.3) If the email address of a person who holds a driver's licence issued under this Act is changed from the email address provided to the Insurance Corporation of British Columbia under this Act, the person must, within 10 days of the change of the email address, notify the corporation of the change, by a means approved by the corporation, stating
(a) the person's new email address, and
(b) if required by or on behalf of the corporation,
(i) the number of the person's licence, and
(ii) the person's former email address. ,
(c) in subsection (3) (a) by striking out "surrender the person's existing licence to the Insurance Corporation of British Columbia" and substituting "deal with the person's existing licence as directed by the Insurance Corporation of British Columbia",
(d) in subsection (3) (c) by striking out "the Insurance Corporation of British Columbia's satisfaction" and substituting "the corporation's satisfaction", and
(e) by adding the following subsection:
(3.2) Section 25 (2.1) applies for the purposes of making an application under subsection (3) (a) of this section.
CLAUSE 4: [Motor Vehicle Act, section 33] makes a housekeeping amendment.
4 Section 33 (1) (a) is amended by striking out "exempted under section 2 (5) or section 8 or 10" and substituting "exempted under section 2 (5) or licensed under section 8 or 10".
CLAUSE 5: [Motor Vehicle Act, section 33]
5 Section 33 is amended
(a) by adding the following subsection:
(1.1) For certainty, in subsection (1), a driver's licence includes an interim driver's licence issued in electronic format or paper format. ,
(b) by repealing subsection (2) (a) and substituting the following:
(a) deals with the person's existing licence as directed by the corporation if that licence is mutilated but not lost or destroyed, and ,
(c) by adding the following subsections:
(2.2) An application under subsection (2) must be made in person unless the applicant meets the criteria prescribed under section 33.1, in which case the application may be made in person, through an online platform or by another means, if any, prescribed under that section.
(2.3) Section 25 (2.1) applies for the purposes of making an application under subsection (2) of this section. , and
(d) by repealing subsection (3) (a) and substituting the following:
(a) must, on finding that the licence in place of which the duplicate was issued was not lost or destroyed, or on finding or recovering that licence,
(i) immediately notify the Insurance Corporation of British Columbia in the form and manner required by the corporation, and
(ii) within the period specified by the corporation, destroy the licence in place of which the duplicate licence was issued, and .
CLAUSE 6: [Motor Vehicle Act, sections 33.1 and 33.2]
6 The following sections are added:
33.1 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the criteria and means referred to in sections 25 (1.01) and 33 (2.2);
(b) respecting signatures supplied and pictures taken for the purposes of sections 25, 31 and 33.
(2) A regulation made under subsection (1) may do any of the following:
(a) provide differently for different circumstances, applicants, matters or things or different classes of applicants, drivers' licences, matters or things;
(b) exempt from its application, in whole or in part, or otherwise in accordance with its terms, circumstances, applicants, matters or things or different classes of applicants, drivers' licences, matters or things;
(c) confer a discretion on the Insurance Corporation of British Columbia;
(d) delegate a matter to the Insurance Corporation of British Columbia.
33.2 (1) If a person must, for the purposes of section 25, 31 or 33, supply a signature or submit to having the person's picture taken, the person must supply the signature or have the picture taken by a means required by the Insurance Corporation of British Columbia that allows the corporation to store the signature or picture electronically in a database.
(2) A signature supplied for the purposes of section 25, 31 or 33 may be used only
(a) as evidence under section 25 (2.1) (d),
(b) for the purpose of applying the signature to the driver's licence, or a future driver's licence, of the person who supplied it, and
(c) to compare signatures under sections 90.4 (3), 95 (4) and 234 (4).
CLAUSE 7: [Motor Vehicle Act, section 60] is consequential to amendments made by this Bill to the Act.
7 Section 60 (4) is amended by striking out "any regulations under this section" and substituting "any regulations made under this section or section 25 (14.1) (h)".
CLAUSE 8: [Motor Vehicle Act, section 97.2] makes a housekeeping amendment.
8 Section 97.2 is amended by striking out "the Youth Justice Act (Canada)" and substituting "the Youth Justice Act".
CLAUSE 9: [Motor Vehicle Act, section 210] broadens the scope of regulation-making authority in relation to fees under the Act.
9 Section 210 is amended
(a) by repealing subsection (2) (m), and
(b) in subsection (3) (m) by striking out "prescribing fees" and substituting "prescribing fees, and providing for the remission of fees and exemptions from fees,".
Miscellaneous Statutes Amendment Act (No. 2), 2011
CLAUSE 10: [Miscellaneous Statutes Amendment Act (No. 2), 2011, sections 122 and 123] is consequential to amendments made by this Bill to the Motor Vehicle Act.
10 Sections 122 and 123 of the Miscellaneous Statutes Amendment Act (No. 2), 2011, S.B.C. 2011, c. 13, are repealed.
11 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 2 and 3 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 5 to 7 | By regulation of the Lieutenant Governor in Council |
CLAUSE 1: [Motor Vehicle Act, section 23] makes a housekeeping amendment.
CLAUSE 2: [Motor Vehicle Act, section 25]
CLAUSE 3: [Motor Vehicle Act, section 31]
CLAUSE 4: [Motor Vehicle Act, section 33] makes a housekeeping amendment.
CLAUSE 5: [Motor Vehicle Act, section 33]
CLAUSE 6: [Motor Vehicle Act, sections 33.1 and 33.2]
CLAUSE 7: [Motor Vehicle Act, section 60] is consequential to amendments made by this Bill to the Act.
CLAUSE 8: [Motor Vehicle Act, section 97.2] makes a housekeeping amendment.
CLAUSE 9: [Motor Vehicle Act, section 210] broadens the scope of regulation-making authority in relation to fees under the Act.
CLAUSE 10: [Miscellaneous Statutes Amendment Act (No. 2), 2011, sections 122 and 123] is consequential to amendments made by this Bill to the Motor Vehicle Act.