BILL 17 – 2003
MOTOR VEHICLE 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 Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definition:

"director" means the Director of Commercial Vehicle Safety appointed under section 116.1; .

2 Section 13 (2) is amended

(a) by striking out "by the Insurance Corporation of British Columbia", and

(b) by striking out "a direction of the corporation" and substituting "a direction of the Insurance Corporation of British Columbia".

3 Section 47 (4) (e) is amended by striking out "the Insurance Corporation of British Columbia" and substituting "the director".

4 Section 66 is amended by adding the following subsection:

(1.1) For the purposes of carrying out the powers, duties and functions of the director under this Act, the director and every person authorized in writing by the director has power to take the affidavits required or authorized to be made under this Act.

5 Section 82 is amended

(a) in subsection (1) by striking out "the corporation or superintendent" and substituting "the corporation, director or superintendent",

(b) in subsections (1) to (5) and (9) by striking out "the Insurance Corporation of British Columbia or the superintendent" and substituting "the Insurance Corporation of British Columbia, the director or the superintendent",

(c) in subsections (2), (3), (4) (b), (5) and (9) (a) by striking out "the corporation or the superintendent" wherever it appears and substituting "the corporation, director or superintendent",

(d) in subsections (4) (b) and (5) by striking out "the corporation's or the superintendent's" and substituting "the corporation's, the director's or the superintendent's",

(e) in subsections (4) and (5) (a) by striking out "by an officer of the corporation or by the superintendent" and substituting "by an officer of the corporation or by the director or the superintendent",

(f) in subsections (5) (b), (6) (b) and (9) (b) by striking out "by the corporation or by the superintendent" and substituting "by the corporation, director or superintendent",

(g) in subsection (6) by striking out "by the Insurance Corporation of British Columbia or by the superintendent" and substituting "by the Insurance Corporation of British Columbia, the director or the superintendent",

(h) in subsection (6) (a) by striking out "a certificate of an officer of the corporation or of the superintendent" and substituting "a certificate of an officer of the corporation, or of the director or the superintendent", and

(i) by adding the following subsection:

(10.1) The director is responsible for keeping, and has custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and of other records pertinent to the director's powers, duties and functions under this Act or any other enactment.

6 The following section is added:

Director of Commercial Vehicle Safety and staff

116.1 (1) A director and any employees necessary to carry out the duties and functions of the director under this Act or any other enactment may be appointed in accordance with the Public Service Act.

(2) The director may delegate any or all of the powers, duties and functions of the director under this Act or any other enactment to an employee referred to in subsection (1).

(3) The director has access to

(a) every driver record, motor vehicle record or other record kept by the Insurance Corporation of British Columbia under this Act, the Commercial Transport Act, the Highway Act, the Motor Carrier Act, the Motor Fuel Tax Act or the Transport of Dangerous Goods Act, or regulations made under any of them, that the director requires for the purpose of carrying out the director's powers, duties and functions under this Act or any other enactment, and

(b) prescribed records kept by the Insurance Corporation of British Columbia that the director requires to compile information and profiles for the purposes of a regulation enacted under section 212.

7 Section 118.1 is amended by repealing the definition of "person affected by a proposed action of the corporation" and substituting the following:

"person affected by a proposed action of the corporation" means a person whose license or certification is the subject of an action, described in any of paragraphs (a), (b) or (e) of section 118.4, that is proposed by the Insurance Corporation of British Columbia; .

8 Section 118.4 is amended

(a) by striking out "paragraphs (a) to (e)" and substituting "paragraphs (a), (b), and (e)", and

(b) by repealing paragraphs (c) and (d).

9 Section 118.7 (e) and (g) is repealed.

10 Section 118.93 is repealed.

11 The following Part is added:

Part 2.2 -- Show Cause Hearings and Reconsiderations about Commercial Motor Vehicles

Definitions

118.94 In this Part:

"carrier" means, in relation to a commercial motor vehicle,

(a) the owner of the commercial motor vehicle, including a person in possession of the commercial motor vehicle under a contract by which the person may become the owner of the commercial motor vehicle on full compliance with the contract,

(b) any other person having management of the commercial motor vehicle or determination of the uses to which it is put, and

(c) the lessee of the commercial motor vehicle if the lease for the commercial motor vehicle has a term of at least one month,

but a person is not a carrier merely because the person is the driver of the commercial motor vehicle;

"commercial motor vehicle" means a motor vehicle, used in the course of business for the transportation of persons or freight, that is a

(a) truck or truck tractor with a licensed gross vehicle weight greater than 5 000 kg and includes an attached trailer,

(b) bus,

(c) motor vehicle whose operator is required to hold a licence under the Motor Carrier Act, or

(d) business vehicle, as defined in section 237, that has a gross vehicle weight greater than 5 000 kg;

"safety certificate" means a safety certificate issued in accordance with regulations made under section 212.

Suspensions

118.95 If the director considers it desirable in order to ensure road safety, the director may suspend a safety certificate issued to a carrier or an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspections of vehicles.

Cancellations and restrictions

118.96 (1) The director may, on written notice, cancel an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspections of vehicles on the grounds set out in the regulations.

(2) If, on the basis of information or profiles referred to in section 212, the director considers it desirable to ensure road safety the director may, on written notice, do any or all of the following:

(a) cancel the safety certificate issued to a carrier;

(b) direct that some or all commercial vehicle licences or permits of commercial motor vehicles operated by a carrier be cancelled;

(c) restrict or prohibit the use of a commercial motor vehicle by a carrier.

Right to show cause and request for reconsideration

118.97 (1) A person or a carrier who has been given notice under section 118.96 has the right, during the period specified by the director in the notice, to apply to the director to show cause why the cancellation, restriction or prohibition should not be made.

(2) If, at a show cause hearing under subsection (1), the director confirms a cancellation, restriction or prohibition that was the subject of a notice under section 118.96, the person or carrier has the right to apply, during the period specified by the director, to the director for a reconsideration of the decision.

General reconsideration power of the director

118.98 Despite any provision of this Part, the director may at any time reconsider, vary or rescind a decision or determination made by the director under this Part.

Show cause hearings and reconsiderations

118.99 (1) Subject to this Part and the regulations, the director may establish his or her own practices and procedures for show cause hearings or reconsiderations under this Part, and is not bound by the legal or technical rules of evidence or by decisions or determinations made under this Part.

(2) If a person or carrier seeks to show cause under section 118.97 (1) or requests a reconsideration under section 118.97 (2), the director may, if the director is satisfied that the matter can be disposed of on the basis of written submissions, decide the matter on that basis.

Direction to cancel commercial vehicle licenses and permits

118.991 At the direction of the director, the Insurance Corporation of British Columbia must cancel any or all commercial vehicle licenses or permits of commercial motor vehicles operated by a carrier and may but need not, refund the fee for the licence or permit being cancelled.

Power to make regulations

118.992 The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the conduct of, and practices and procedures for, show cause hearings or reconsiderations under this Part;

(b) respecting service, including substitute service, of documents;

(c) prescribing fees payable by applicants for show cause hearings or reconsiderations under this Part that may be different for commercial vehicle licences, permits, safety certificates, authorizations and designations;

(d) in prescribed circumstances or on prescribed conditions, exempting a person or class of person from a fee prescribed under this section.

12 Section 171 (1) (b) and (c) is amended by striking out "the Insurance Corporation of British Columbia" and substituting "the director".

13 Section 207 (2) (a) and (b) and (3) (a) is amended by striking out "the Insurance Corporation of British Columbia" and substituting "the director".

14 Section 209 (2) (i) is repealed.

15 Section 210 (2) is amended

(a) in paragraph (q) by striking out "the Insurance Corporation of British Columbia" and substituting "the director" and by striking out "the corporation" and substituting "the director",

(b) in paragraph (r) by adding ", the director" after "the corporation", and

(c) by adding the following paragraph:

(s) regulating, in respect of a highway or class of highways, the fastening of loads and every aspect of the capability of a vehicle to retain or contain its load.

16 Section 210 (3) is amended

(a) in paragraph (n) by striking out "the ministry" and substituting "a prescribed ministry",

(b) by repealing paragraph (o) and substituting the following:

(o) empowering the Insurance Corporation of British Columbia or the director in prescribed circumstances or for prescribed purposes to

(i) exempt unconditionally, or on conditions the corporation or the director considers desirable, persons, vehicles and equipment that the corporation or the director identifies and specifies from any requirement of this Act or the regulations respecting the construction or operation of motor vehicles, or the equipment used on motor vehicles, and

(ii) substitute, if the corporation or the director considers it desirable for the purpose of more effectively promoting and securing road safety, other requirements in a case in which the corporation or the director grants an exemption under subparagraph (i); , and

(c) by adding the following paragraphs:

(r) prescribing records that the director must keep and of which the director has custody and control for the purposes of section 82 (10.1);

(s) prescribing records kept by the Insurance Corporation of British Columbia that are needed by the director to compile information and profiles for the purposes of section 116.1 (3) (b);

(t) permitting the director to share information and profiles compiled under section 212 with prescribed governments or agencies for the purposes of road safety.

17 Section 211 is repealed and the following substituted:

Power to establish forms

211 The Insurance Corporation of British Columbia, the director and the superintendent may establish forms, including forms in an electronic format, to be used for the purposes of carrying out the powers, duties and functions under this Act or any other enactment.

18 Section 212 (4) is amended

(a) in paragraphs (b) to (f) by striking out "the Insurance Corporation of British Columbia" and substituting "the director",

(b) in paragraphs (c), (d) and (f) (ii) by striking out "the corporation" wherever it appears and substituting "the director",

(c) in paragraph (f) by striking out "the corporation's" in both places and substituting "the director's", and

(d) by repealing paragraph (j).

19 Section 212.1 is amended

(a) in subsection (1) by striking out "or safety",

(b) by adding the following subsection:

(1.1) An operator must, in the manner prescribed, provide to the director all information the director requires relevant to safety issues, including specific answers to all questions the director submits. , and

(c) in subsections (2) and (3) by adding "or the director" after "the Insurance Corporation of British Columbia" and after "the corporation".

20 Section 212.2 (2) (a) is amended by striking out "the Insurance Corporation of British Columbia" and substituting "the director".

21 Section 216 is amended

(a) in subsection (1) (b) by striking out "the Insurance Corporation of British Columbia" and substituting "the director",

(b) by repealing subsection (1) (c) and substituting the following:

(c) providing for the duties and responsibilities of persons who are authorized under section 217 and of operators of facilities that are designated under that section respecting inspections of vehicles; ,

(c) in subsection (1) by adding the following paragraph:

(c.1) prescribing grounds for which the director can cancel an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspection of vehicles; , and

(d) in subsection (2) by striking out "Attorney General" and substituting "minister".

22 Section 217 (1) is amended by striking out "the Insurance Corporation of British Columbia" and substituting "the director".

23 Section 218 (1) is amended

(a) by striking out "The Insurance Corporation of British Columbia" and substituting "The director",

(b) in paragraph (a) by striking out "the corporation" and substituting "the director", and

(c) by repealing paragraph (c).

24 The following section is added:

Driver control programs

218.1 The Insurance Corporation of British Columbia may require drivers of classes of vehicles prescribed by the minister to participate in driver control programs.

25 Section 238 (2) is repealed and the following substituted:

(2) If authorized to do so by a regulation of the Lieutenant Governor in Council, the Insurance Corporation of British Columbia may exempt any person or motor vehicle, or class of persons or motor vehicles, from the requirements of subsection (1) (c), or may limit or vary the application of the requirements of subsection (1) (c) in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.

(3) If authorized to do so by a regulation of the Lieutenant Governor in Council, the director may exempt any person or motor vehicle, or class of persons or motor vehicles, from the requirements referred to in subsection (1) (a), (b), (d) or (e), or may limit or vary the application of the requirements referred to in subsection (1) (a), (b), (d) or (e) in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.

26 Section 239 is amended

(a) in subsection (1) by striking out "An officer or constable of the provincial police force or an officer, as defined in section 1 of the Police Act, who is employed by the insurance corporation" and substituting "A peace officer", and

(b) in subsection (2) by striking out "an officer or constable of the provincial police force or an officer, as defined in section 1 of the Police Act, who is employed by the insurance corporation" and substituting "a peace officer".

 
Consequential Amendment

 
Motor Vehicle Amendment Act (No. 2), 1997

27 Sections 1 (a) and 27 (a) and (b) of the Motor Vehicle Amendment Act (No. 2), 1997, S.B.C. 1997, c. 31, are repealed.

 
Transitional Provisions

Transitional -- payment by the Insurance Corporation of British Columbia

28 (1) Despite section 13 (3) of the Insurance Corporation Act, the Insurance Corporation of British Columbia must make payments to the Minister of Finance in accordance with this section for programs under the Motor Vehicle Act or any other enactment that promote and improve highway safety.

(2) The minimum monthly payment under subsection (1), payable on the 1st of each month beginning April 1, 2003 and ending March 1, 2006, is $1 878 833.

(3) The maximum amount of the payments by the Insurance Corporation of British Columbia under subsections (1) and (2), for each of the 3 fiscal years beginning April 1, 2003 and ending March 31, 2006, is $25 200 000.

(4) Subject to subsection (5), this section is repealed on April 1, 2006.

(5) Despite the repeal of this section on April 1, 2006, all payments that are payable under this section before its repeal are payable by the Insurance Corporation of British Columbia to the Minister of Finance after its repeal.

Transitional -- show cause hearings

29 (1) In this section, "ongoing show cause matter" means a matter in respect of which a notice has been delivered by the Insurance Corporation of British Columbia to a person under section 118.5 (1) informing the person of a proposed action under section 118.4 (c) or (d) before the repeal of section 118.4 (c) and (d) under section 8 of this Act.

(2) Sections 118.5 (2) to (4) and 118.6 apply to an ongoing show cause matter, except that a reference to the Insurance Corporation of British Columbia must be read as a reference to the director.

(3) All records in the custody or control of the Insurance Corporation of British Columbia in respect of show cause hearings about proposed actions under section 118.4 (c) and (d) before its repeal must be delivered by the Insurance Corporation of British Columbia to the director as soon as practicable.

Transitional -- appeals

30 (1) In this section, "ongoing appeal" means a matter in respect of which an appellant has been notified by the Insurance Corporation of British Columbia of a decision under section 118.7 (e) or (g) before the repeal of section 118.7 (e) and (g) under section 9 of this Act.

(2) Sections 118.8 to 118.91 apply to an ongoing appeal, except that a reference to the Insurance Corporation of British Columbia in each of those sections except section 118.91 (b) must be read as a reference to the director.

(3) All records in the custody or control of the Insurance Corporation of British Columbia in respect of appeals of decisions under section 118.7 (e) and (g) before its repeal must be delivered by the Insurance Corporation of British Columbia to the director as soon as practicable.

Transitional -- power to make regulations

31 (1) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable

(a) for the purpose of more effectively bringing into operation the Motor Vehicle Act, as amended by this Act, and the amendments made by this Act, and to remedy any difficulties encountered in doing so, and

(b) respecting the types of records that must be transferred to the director from the Insurance Corporation of British Columbia, and the times for transfer of the records to the director.

(2) A regulation made under this section may

(a) be made retroactive to a date not earlier than the coming into force of subsection (1),

(b) delegate a matter to a person,

(c) confer a discretion on a person, and

(d) make different regulations for different persons, places, things or transactions or for different classes of persons, places, things or transactions.

Commencement

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