BILL 58 – 2003
INSURANCE CORPORATION AMENDMENT ACT, 2003

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

1 Section 1 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended

(a) by repealing the definition of "automobile insurance" and substituting the following:

"optional automobile insurance" has the same meaning as "extension insurance" in the Insurance (Motor Vehicle) Act; , and

(b) by repealing the definition of "universal compulsory automobile insurance" and substituting the following:

"universal compulsory automobile insurance" has the same meaning as in the Insurance (Motor Vehicle) Act; .

2 The following Part heading is added before section 2:

Part 1 -- Operation of Corporation .

3 Section 7 (b) is amended by adding "universal compulsory automobile insurance and optional" before "automobile insurance,".

4 Section 9 (1) is repealed and the following substituted:

(1) The corporation may do all acts and things necessary or required for the purpose of carrying out its functions and powers, and, for that purpose, has all of the powers and capacity of an individual of full capacity.

5 Section 23 is amended

(a) in subsection (1) by striking out "The minister must lay before the Legislative Assembly annually for the preceding fiscal year" and substituting "The corporation must annually prepare and provide to the minister, for the preceding fiscal year,",

(b) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(c) if the corporation is engaged in the business of optional automobile insurance,

(i) a report, prepared by an actuary who is not an employee of the corporation, as to whether the corporation's optional automobile insurance policy liabilities and universal compulsory automobile insurance policy liabilities have been valued in accordance with accepted actuarial practices, and

(ii) a report, prepared by an accountant who is not an employee of the corporation, as to whether

(A) the corporation's optional automobile insurance costs have been attributed to optional automobile insurance in accordance with generally accepted accounting principles and in compliance with section 49 (1) and any orders made under section 49 (2), and

(B) the corporation's universal compulsory automobile insurance costs and its non-insurance costs related to driver and vehicle licensing and road safety have been attributed to universal compulsory automobile insurance in accordance with generally accepted accounting principles and in compliance with section 49 (1) and any orders made under section 49 (2). ,

(c) in subsection (3) by striking out "The report and financial statement must be laid" and substituting "The minister must lay the reports and financial statement received by the minister under subsection (1)", and

(d) by adding the following subsection:

(5) If the corporation is engaged in the business of optional automobile insurance, the financial statement referred to in subsection (1) must include the following:

(a) a financial statement for the optional automobile insurance operations of the corporation;

(b) a financial statement for the remainder of the operations of the corporation.

6 Section 28 is amended by striking out "section 23," and substituting "section 23 (1) (a) or (b), as the case may be,".

7 Section 29 (1) is repealed and the following substituted:

(1) The corporation must not invest or lend its funds other than in accordance with guidelines prescribed by the Lieutenant Governor in Council.

8 Section 39 is repealed and the following substituted:

Application of the Financial Institutions Act

39 (1) Except as provided in this Act and the regulations, the Financial Institutions Act does not apply to the corporation.

(2) The Lieutenant Governor in Council may make regulations specifying that the corporation must comply with any or all of the provisions of

(a) the Financial Institutions Act,

(b) the regulations under the Financial Institutions Act, or

(c) similar legislation of Canada.

(3) The Lieutenant Governor in Council may, in regulations made under subsection (2),

(a) prescribe how the specified provisions apply and how the corporation must comply with them, and

(b) apply different provisions, or apply provisions differently, to different parts of the corporation's operations and different businesses operated by the corporation.

(4) In the event of a conflict between a provision specified in a regulation made under subsection (2), or anything ordered or done under a regulation made under subsection (2), and a provision of Part 2 of this Act, or anything ordered or done under a provision of Part 2, the provision of Part 2 or the order or action under the provision of Part 2 prevails.

9 The following Part is added:

Part 2 -- Regulation of the Corporation

Division 1 -- Interpretation

Interpretation

43 (1) In this Part, "commission" means the British Columbia Utilities Commission.

(2) In this Part, an activity has or is likely to have the effect of appreciably impeding or reducing competition if

(a) the activity has or is likely to have a detrimental effect on existing or potential competition, and

(b) the detrimental effect is or is likely to be large enough to be material, even though that detrimental effect may not be large enough to constitute preventing or lessening competition substantially within the meaning of sections 79 (1) and 92 (1) of the Competition Act (Canada).

 
Division 2 -- Role of the British Columbia Utilities Commission

Utilities Commission Act to apply

44 (1) Subject to subsections (3), (6) and (7), the Utilities Commission Act, other than sections 22, 23 (1) (a) to (d) and (2), 25 to 38, 40, 41, 45 to 57, 59 (2) and (3), 60 (1) (b) (ii) and (2) to (4), 97, 98, 106 (1) (k), 107 to 109 and 114 and Parts 4 and 5 of that Act, applies to and in respect of the corporation as if it were a public utility, and a reference in this Part to the Utilities Commission Act or to a provision of that Act is deemed to be a reference to that Act or provision as it applies for the purposes of this Act.

(2) Despite subsection (1), the corporation is not a public utility.

(3) For the purposes of subsection (1),

(a) a reference to "rate" in the Utilities Commission Act and in this Part is deemed to be a reference to "rate", as defined in section 1 of the Utilities Commission Act, as if paragraph (a) of that definition read as follows:

"(a) compensation of the Insurance Corporation of British Columbia, other than any fee or other remuneration to which that corporation is entitled for any activity it undertakes under section 7 (g), (h) or (i) of the Insurance Corporation Act,",

(b) a reference to "service" in the Utilities Commission Act is deemed to be a reference to universal compulsory automobile insurance, and includes

(i) the corporation's practices and procedures related to universal compulsory automobile insurance, and

(ii) the corporation's performance in providing universal compulsory automobile insurance to its customer base as a whole or to classes of its customers,

but does not include the corporation's provision of universal compulsory automobile insurance to any one customer,

(c) section 23 (1) (g) (i) of the Utilities Commission Act is deemed to read as follows:

"(i) the convenience or service of the public, or", and

(d) section 43 (3) (a) of the Utilities Commission Act is deemed to read as follows:

"(a) all profiles, contracts, reports of accountants, actuaries and consultants, accounts and records in its possession or control relating in any way to its property or service or affecting its business, or verified copies of them, and".

(4) In addition to any rights or powers that the commission may exercise under subsection (1) of this section in relation to the corporation, the commission is to supervise the corporation in accordance with sections 45 and 46 and Division 2 and, for that purpose, has all of the rights and powers that would be available to the commission were that supervisory duty imposed on it under the Utilities Commission Act.

(5) Despite section 11 (1) and (2) of the Utilities Commission Act, the fact that a commissioner or an employee of the commission obtains or is otherwise covered by insurance coverage provided by the corporation is not a contravention of the Utilities Commission Act and does not disqualify the commissioner or employee from acting in any matter affecting the corporation.

(6) Section 62 of the Utilities Commission Act does not apply to rates for optional automobile insurance.

(7) The Lieutenant Governor in Council may prescribe provisions of the Utilities Commission Act that do not apply to the corporation or to one or more of the businesses in which the corporation is engaged.

Regulation of universal compulsory automobile insurance

45 (1) If the corporation is authorized by the Lieutenant Governor in Council to provide universal compulsory automobile insurance, the corporation must make available universal compulsory automobile insurance in a manner, and in accordance with practices and procedures, that the commission considers are in all respects adequate, efficient, just and reasonable.

(2) If the commission, after a hearing held on its own motion or on complaint, finds that the manner in which universal compulsory automobile insurance is provided by the corporation does not comply with subsection (1) or that the practices and procedures in accordance with which that insurance is provided do not comply with subsection (1), the commission must

(a) determine the manner or the practices and procedures, as the case may be, that comply with subsection (1), and

(b) order the corporation to comply with that manner or with those practices and procedures.

(3) After a hearing held on the commission's own motion or on complaint, the commission may determine and set adequate, efficient, just and reasonable standards, practices or procedures to be used by the corporation in providing universal compulsory automobile insurance and may order the corporation to comply with those standards, practices or procedures.

(4) The commission may, by order, require the corporation to report, at the times and in the form ordered by the commission, on the corporation's performance in providing universal compulsory automobile insurance, including, without limitation, on the corporation's performance in complying with any order made under subsection (2) or (3).

(5) The commission may exercise its powers and duties under this section in relation to the provision by the corporation of universal compulsory automobile insurance to the corporation's customer base as a whole or to classes of its customers, but not in relation to the provision by the corporation of universal compulsory automobile insurance to any one customer.

(6) Despite this section and section 44, and despite section 110 of the Utilities Commission Act, the commission does not have the power to change a term or condition of any plan of universal compulsory automobile insurance established under the Insurance (Motor Vehicle) Act.

Reserve funds

46 (1) The commission may, by order, require the corporation to maintain, for the purposes set out in section 6 of the Insurance (Motor Vehicle) Act, reserves that are equal to or greater than the reserves the corporation is required to maintain under that section.

(2) The commission must take the corporation's obligation to maintain reserves into account in fixing rates of the corporation.

Commission subject to direction

47 (1) In addition to any other power the Lieutenant Governor in Council may have to issue directions to the commission, the Lieutenant Governor in Council may, by regulation, issue directions to the commission respecting the factors, criteria and guidelines that the commission must or must not use in regulating and fixing rates for the corporation, including, without limitation, one or more of the following directions:

(a) establishing financial outcome targets for the corporation generally and for its optional insurance business in particular, including targets for the corporation's capital base, within the meaning of the Financial Institutions Act, and the corporation's profits, and directing the commission to accommodate those targets when regulating and fixing those rates;

(b) identifying circumstances in which the commission is and is not to regulate and fix rates applicable to optional automobile insurance;

(c) establishing criteria on which rates may, and must not, be based;

(d) identifying activities the corporation may or must undertake on behalf of the government or under an enactment, and directing how those activities, and the costs related to them, are to be treated for the purposes of regulating and fixing rates;

(e) directing the commission to consider specified factors or criteria when regulating and fixing rates;

(f) authorizing the commission to determine any factor or criterion the commission considers to be relevant in relation to the regulation and fixing of rates.

(2) In addition to any other power the Lieutenant Governor in Council may have to issue directions to the commission, the Lieutenant Governor in Council may, by regulation, issue one or more of the following directions to the commission:

(a) setting out the basis on which and the manner in which the commission is to perform its obligations under this Part;

(b) directing the commission to require the corporation to prepare a plan, in the manner and form, with the content and at the time or times required by the Lieutenant Governor in Council, of the steps the corporation will take to meet the financial outcome targets referred to in subsection (1) (a);

(c) directing or authorizing the commission to approve and monitor compliance with the plan referred to in paragraph (b) of this subsection;

(d) identifying activities the corporation must undertake on behalf of the government and

(i) establishing requirements as to the manner in which and the practices and procedures in accordance with which those activities are to be undertaken, and

(ii) providing direction to the commission as to how it should regulate those activities to ensure that they are undertaken in accordance with the requirements established under subparagraph (i).

(3) The commission must comply with any direction issued under subsection (1) or (2) despite

(a) any other provisions of the Insurance Corporation Act or the Utilities Commission Act, or

(b) any previous decision of the commission.

Limitation

48 Nothing in this Part or in the Utilities Commission Act gives to the commission the right or power to alter or affect any rights, remedies or entitlements that may exist at law with respect to compensation for injury or death, or loss or damage to property, that arises out of the use or operation of a vehicle.

 
Division 3 -- Competition Regulation

Separation of businesses

49 (1) The commission must ensure that the universal compulsory automobile insurance business and the revenue of the corporation, other than revenue from the corporation's optional automobile insurance business, are not used to subsidize the corporation's optional automobile insurance business.

(2) For the purpose of subsection (1), the commission may issue any orders it considers necessary to ensure that the corporation's optional automobile insurance business and activities are segregated from the corporation's other businesses and activities for accounting purposes, and that, in addition, any other businesses and activities of the corporation that the commission considers appropriate are segregated from the remaining businesses and activities of the corporation for accounting purposes, including, without limitation, orders

(a) requiring reports from auditors,

(b) requiring reports from actuaries, and

(c) specifying cost allocation practices and other accounting practices that the corporation is to follow.

(3) Before taking any action under this section, the commission must consider any current reports ordered under subsection (2) (a) or (b).

Regulation of competition

50 (1) If the commission finds after a hearing that the corporation has engaged in, is engaging in or is likely to engage in activities that have or are likely to have the effect of appreciably impeding or reducing any aspect of competition in relation to optional automobile insurance anywhere in British Columbia, or that are contrary to any regulation made under section 51 (1) (a), the commission may make an order

(a) prohibiting the corporation from continuing those activities, and

(b) requiring the corporation to take the actions the commission considers appropriate to remedy the impediment to or reduction of competition.

(2) Subject to subsection (3), if the commission is satisfied that the corporation has engaged in, is engaging in or is likely to engage in activities that may have the effect of appreciably impeding or reducing any aspect of competition in relation to optional automobile insurance anywhere in British Columbia, or that may be contrary to any regulation made under section 51 (1) (a), the commission may make an interim order under section 91 of the Utilities Commission Act

(a) prohibiting the corporation from continuing those activities, and

(b) requiring the corporation to take the actions the commission considers appropriate to remedy the impediment to or reduction of competition.

(3) The commission must not make an interim order under subsection (2) unless it is satisfied that, without that interim order,

(a) an impediment to or a reduction of any aspect of competition may occur and that impediment or reduction cannot adequately be remedied by a subsequent commission order, or

(b) a competitor is likely to be eliminated from an optional automobile insurance market in British Columbia.

(4) Subject to section 45 (6), an order under subsection (1) of this section or an interim order under subsection (2) may include terms relating to products, services or activities of the corporation that are not related to optional automobile insurance.

(5) The commission may invite the Commissioner of Competition appointed under the Competition Act (Canada) to attend any hearing referred to in subsection (1) and to make representations and submit evidence relating to competition issues.

Regulations respecting competition

51 (1) The Lieutenant Governor in Council may make regulations

(a) prohibiting the corporation from taking any action that would appreciably impede or reduce any aspect of competition in the provision of optional automobile insurance in British Columbia,

(b) requiring the corporation to take any action for the purposes of maintaining or enhancing competition in the provision of optional automobile insurance in British Columbia, and

(c) prescribing factors, including, without limitation, efficiency and superior performance, that the commission must consider in determining under section 50 (1) or (2) whether competition has been, or is likely to be appreciably impeded or reduced.

(2) In making a regulation under subsection (1) (c), the Lieutenant Governor in Council may prescribe

(a) what is and what is not to be considered as a prescribed factor or as a component of a prescribed factor,

(b) the circumstances in which a prescribed factor is or is not to be taken into account in the determination referred to in that paragraph, and

(c) the extent to which and the manner in which a prescribed factor is to be considered in the determination referred to in that paragraph.

Exemption

52 (1) At any time that it considers it appropriate to do so, the commission may hold a hearing to determine whether conditions in the optional automobile insurance market are such that it is necessary for the commission to exercise any or all of its powers under this Division.

(2) If, after a hearing referred to in subsection (1), the commission determines that the conditions in the optional automobile insurance market are such that it is no longer necessary for the commission to exercise any or all of its powers under this Division, the commission must notify the Lieutenant Governor in Council of that determination, and the Lieutenant Governor in Council may, by regulation, provide that all or any part of this Division does not apply to the corporation.

(3) If, after a hearing referred to in subsection (1), the commission determines that the conditions in the optional automobile insurance market are such that it is necessary for the commission to exercise any or all of its powers under this Division, the commission must notify the Lieutenant Governor in Council of that determination and the Lieutenant Governor in Council may amend or repeal any regulation made under subsection (2).

Corporation retains defences

53 Nothing in this Division or in any regulation made under this Division, and no action taken by the commission under this Division or under the regulations made under this Division, deprives the corporation of any rights or defences that would otherwise be available to it in a legal proceeding.

 
Consequential Amendments

 
Insurance (Motor Vehicle) Act

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

(a) in the definition of "additional premium" by striking out "section 35 and the regulations;" and substituting "section 35;",

(b) in the definition of "basic premium" by striking out "under the regulations," and substituting "under section 34,", and

(c) by adding the following definition:

"commission" means the British Columbia Utilities Commission continued under section 2 of the Utilities Commission Act; .

11 Section 6 is amended by striking out "Subject to the regulations," and substituting "Subject to the regulations and any orders of the commission under section 46 of the Insurance Corporation Act as that section applies for the purposes of that Act,".

12 Section 34 is amended

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

(1) The corporation may establish

(a) classes and subclasses of motor vehicles, trailers and drivers of motor vehicles, and

(b) basic premiums that apply to each of the classes and subclasses.

(1.1) For the purposes of subsection (1), the corporation may do any or all of the following:

(a) establish classes and subclasses of drivers by regions of British Columbia or otherwise;

(b) establish the regions referred to in paragraph (a);

(c) adopt a system of classifying drivers provided for under another Act;

(d) adopt or establish a point penalty system classifying drivers according to the number, nature and kind of violations or offences committed by them in contravention of the Motor Vehicle Act, a municipal bylaw relating to the regulation of vehicular traffic, the Criminal Code or any similar law in another province, state or country relating to the operation of a motor vehicle;

(e) according to any system of classifying drivers adopted under paragraph (c) or any point penalty system adopted or established under paragraph (d), assess and levy basic or additional premiums under any plan against drivers at the times and under the terms and conditions the corporation considers appropriate. ,

(b) in subsections (2) and (3) by adding "by the corporation" after "established", and

(c) in subsection (4) by striking out "regulation of the Lieutenant Governor in Council" and substituting "the corporation".

13 Section 35 is amended

(a) by striking out "The Lieutenant Governor in Council may make regulations respecting discounts from premiums and respecting" and substituting "The corporation may establish discounts from premiums and establish", and

(b) in paragraph (c) by striking out "prescribed in the regulations." and substituting "approved by the commission."

14 Section 36 (1) is amended by striking out "assessed" and substituting "established".

15 Section 38 is amended

(a) in subsections (1) (a) and (2) (b) by striking out "prescribed" and substituting "established", and

(b) in subsections (1) (b) and (2) (b) by striking out "assessed" and substituting "established".

16 Section 40 (4) is amended

(a) by striking out "prescribed" and substituting "established", and

(b) by striking out "assessed" and substituting "established".

17 Section 45 (2) (c), (i) and (p) is repealed.

18 The following section is added:

Jurisdiction of the commission

57 (1) Nothing in this Act limits the jurisdiction of the commission under Part 2 of the Insurance Corporation Act.

(2) In the event of a conflict between this Act and Part 2 of the Insurance Corporation Act, Part 2 of the Insurance Corporation Act applies.

(3) Without limiting subsections (1) and (2) of this section, and despite section 45 (6) of the Insurance Corporation Act, the commission has the jurisdiction to approve, to require replacement of or to override and replace any or all of the following, whether or not prescribed by the Lieutenant Governor in Council, at any time and for any purpose related to rates within the meaning of section 44 (3) (a) of the Insurance Corporation Act:

(a) classes and subclasses of motor vehicles, trailers and drivers of motor vehicles;

(b) basic premiums;

(c) interim premiums;

(d) discounts from premiums;

(e) additional premiums.

Transitional

19 (1) In this section:

"commission" has the same meaning as in section 43 (1) of the Insurance Corporation Act;

"contract" has the same meaning as in section 1 of the Insurance Corporation Act;

"corporation" has the same meaning as in section 1 of the Insurance Corporation Act;

"rate" has the same meaning as in section 44 (3) (a) of the Insurance Corporation Act.

(2) No order or decision made by the commission affects any rate of the corporation applicable to a contract that takes effect before January 1, 2004.

Commencement

20 This Act comes into force by regulation of the Lieutenant Governor in Council.