BILL 11 – 2020
ATTORNEY GENERAL STATUTES (VEHICLE INSURANCE)
AMENDMENT ACT, 2020

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

Part 1 – Insurance Corporation Act Amendments

1 Section 8.4 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "orders of the Lieutenant Governor in Council under section 26, and".

2 Section 13 (3) is amended by striking out ", section 26 (2)".

3 Section 26 is repealed.

Part 2 – Insurance (Vehicle) Act Amendments

4 The Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following heading before section 1:

Part 0.1 – Definitions, Application and Entitlements .

5 Section 1 is amended

(a) by adding the following definitions:

"activities of daily living" means the following activities:

(a) preparing personal meals;

(b) managing personal finances;

(c) shopping for personal needs;

(d) using public or personal transportation;

(e) performing housework to maintain a place of residence in acceptable sanitary condition;

(f) performing personal hygiene and self-care;

(g) managing personal medication;

(h) any other prescribed activity;

"benefits", except in sections 83 and 84, means benefits payable under Part 1 and any amounts payable under Part 10;

"dependant" means

(a) a dependent child,

(b) a dependent parent, and

(c) a person in a prescribed class of persons;

"dependent child" means any of the following:

(a) a person under 19 years of age for whose support an insured is legally liable and who is dependent on the insured for financial support;

(b) a person 19 years of age or older who resides with an insured and receives the majority of the person's financial support from the insured because of the person's mental or physical disability;

(c) a person in a prescribed class of persons;

"dependent parent" means a parent, including a spouse of a parent, of an insured who, at the date of an accident for which a claim is made, resides with the insured and the majority of whose financial support is from the insured;

"highway" has the prescribed meaning;

"occupant" has the prescribed meaning;

"operate" has the prescribed meaning; ,

(b) in the definition of "plan" by striking out "under Part 1" and substituting "under Part 1, 10 or 11" and by striking out "that Part" and substituting "those Parts", and

(c) by adding the following definitions:

"rehabilitation" means the restoration, in the shortest time practicable, of an injured person to the highest level of gainful employment or self-sufficiency that, allowing for the permanent effects of the injured person's injuries, is, with medical and vocational assistance, reasonably achievable by the injured person;

"resident" has the prescribed meaning; .

6 The following sections are added to Part 0.1:

Exemption of government vehicles

1.01  (1) This Act and the regulations, other than Parts 10 and 11 and the regulations under those Parts, do not apply to vehicles owned, leased or operated by Canada or the government of another province, territory or state, but apply to vehicles owned and operated or leased and operated by the government of British Columbia and to the vehicles' drivers.

(2) Despite subsection (1), the corporation may negotiate and conclude an agreement with a government excluded under that subsection to bring any or all vehicles owned, leased or operated by that government in British Columbia within the operation of the Parts of this Act that would otherwise not apply.

Extraprovincial undertaking

1.02  (1) In this section, "extraprovincial undertaking" means a work or undertaking for the transport of passengers or goods by motor vehicle or trailer, connecting British Columbia with another province of Canada, or extending beyond the limits of British Columbia.

(2) The provisions of this Act and the regulations respecting the requirement for vehicle insurance do not apply to an owner or operator of an extraprovincial undertaking who gives proof of financial responsibility under section 106 (2) (b) of the Motor Vehicle Act.

Entitlements

1.03  (1) An insured who is entitled to benefits under Part 1 respecting an accident is not entitled to benefits under Part 10 respecting the same accident.

(2) An insured who is entitled to benefits under Part 10 respecting an accident is not entitled to benefits under Part 1 respecting the same accident.

7 Section 1.1 is amended by repealing the definitions of "benefits" and "highway".

8 Section 1.2 is amended

(a) by renumbering the section as section 1.2 (1), and

(b) by adding the following subsection:

(2) Benefits under this Part are payable by the corporation regardless of who is responsible for the accident.

9 The following section is added:

Agreements

14.1  The corporation may enter into agreements that it considers necessary or advisable

(a) with a ministry of the government respecting payments by the corporation for health care costs, and

(b) with a person or entity to advance the purposes of this Act.

10 Section 20 is amended

(a) by adding the following subsection:

(0.1) In this section and section 24, "non-vehicle property" means property other than

(a) a vehicle and its contents, and

(b) permanently attached equipment as defined in section 170. ,

(b) in subsection (1) by repealing the definitions of "claimant" and "uninsured motorist" and substituting the following:

"claimant" means a person who alleges that the person has a right of action against an uninsured motorist for damages arising out of loss of or damage to non-vehicle property caused by or arising out of the use or operation of a motor vehicle, but does not include a person who is entitled to bring an action against the corporation under section 24;

"uninsured motorist" means a person who uses or operates a motor vehicle on a highway in British Columbia when the person is not insured under third party liability insurance coverage that provides indemnity in a prescribed amount, not less than $100 000, against liability imposed by law arising out of loss of or damage to non-vehicle property caused by or arising out of the use or operation of a motor vehicle, and includes the owner of a motor vehicle that is used or operated on a highway in British Columbia when the owner is not so insured. ,

(c) in subsection (2) by striking out "he or she" and substituting "the claimant",

(d) in subsection (3) by striking out "he or she is not the same person," and substituting "the uninsured motorist is not the owner of the uninsured motor vehicle,",

(e) in subsection (6) (b) by striking out "him or her" and substituting "the uninsured motorist",

(f) in subsection (7) by striking out "he or she" in both places and substituting "the uninsured motorist",

(g) in subsection 12 (b) by striking out "he or she" and substituting "the owner of the uninsured motor vehicle",

(h) in subsections (15) and (16) by striking out "he or she" and substituting "the person", and

(i) in subsection (18) by striking out "who ordinarily resides outside British Columbia" and substituting "who is not a resident" and by striking out "a resident of British Columbia" and substituting "a resident".

11 Section 24 is amended

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

(1) Subject to subsection (1.1), if damage to non-vehicle property arises out of the use or operation of a vehicle on a highway in British Columbia and

(a) the names of both the owner and the driver of the vehicle are not ascertainable, or

(b) the name of the driver is not ascertainable, and the owner is not liable to an action for damages for the non-vehicle property damage,

any person who has a cause of action

(c) against the owner or the driver, as referred to in paragraph (a), or

(d) against the driver, as referred to in paragraph (b),

in respect of the non-vehicle property damage may bring an action against the corporation as nominal defendant, either alone or as a defendant with others alleged to be responsible for the non-vehicle property damage.

(1.1) In an action in which the names of both the owner and the driver of the vehicle are not known or ascertainable, recovery for non-vehicle property damage is limited to the amount by which the damages exceed the prescribed amount. ,

(b) in subsection (2) by striking out "bodily injury, death or" and substituting "non-vehicle",

(c) by repealing subsection (3) and substituting the following:

(3) If, after an action referred to in subsection (1) has been commenced, it is alleged that the non-vehicle property damage was caused by or contributed to by another vehicle but

(a) the names of both the owner and the driver of the vehicle are not ascertainable, or

(b) the name of the driver is not ascertainable, and the owner is not liable to an action for damages for the non-vehicle property damage,

the corporation may be added as a nominal defendant on the application of any party and must be added as a nominal defendant on its own application. ,

(d) in subsection (9) by striking out "bodily injury, death or" and substituting "non-vehicle",

(e) in subsection (10) by striking out "he or she" and substituting "the person",

(f) in subsection (12) by striking out "who ordinarily resides outside British Columbia" and substituting "who is not a resident", and

(g) in subsection (12) (b) by striking out "a resident of British Columbia" and substituting "a resident".

12 Section 29 is repealed and the following substituted:

Employment information

29  An employer of a person who claims benefits, or on behalf of whom benefits are claimed, from the corporation must, whenever the corporation requests, provide to the corporation as soon as reasonably practicable

(a) a statement of the person's earnings in the form established by the corporation, and

(b) any other prescribed information that relates to the person's employment.

13 Section 31 (1) is amended by adding "the Act or" after "authorized by".

14 Section 36 (1) is amended by adding ", if a premium is assessed" after "assessed for a certificate".

15 Section 38 is amended

(a) in subsection (1) by striking out "decal" and substituting "validation decal" and by striking out "has paid the premium for" and substituting "has paid the premium, if any, for", and

(b) in subsection (2) (b) by striking out "has paid the premium" and substituting "has paid the premium, if any,".

16 Sections 43 and 44 are repealed.

17 Section 45.1 is amended

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

(a) respecting the amount payable as benefits for the provision of health care by a health care practitioner to an insured person, including, without limitation, regulations adopting a payment schedule under section 26 of the Medicare Protection Act; ,

(b) in subsection (3) by striking out "subsection (1) (a) (ii)" and substituting "subsection (1) (a)", and

(c) by repealing subsections (4) to (8).

18 The following section is added:

Review of regulations

46.11  (1) At least once every 5 years, the minister must initiate a review of the following:

(a) the amount, set by a regulation made under section 45 (2) (d.1), of the benefits payable to or on behalf of an insured person;

(b) the amount, set by a regulation made under section 45.1 (1) (a), payable as benefits for the provision of health care by a health care practitioner to an insured person.

(2) A review under subsection (1) must be conducted in consultation with the corporation and any other person or organization the minister considers appropriate.

(3) A report on the results of the review

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

(b) may include recommendations to amend a regulation reviewed.

(4) After receiving the report under subsection (3), the minister must,

(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.

(5) For the purposes of subsection (1) (a) and (b), the first 5-year period begins on April 1, 2019.

19 Section 46.11 is amended

(a) in subsection (1) by adding the following paragraphs:

(c) the amount, set by a regulation made under section 169 (2) (b), of the benefits payable for the provision of health care by a health care practitioner to an insured person;

(d) amounts prescribed by a regulation for the purposes of a provision of Part 10. , and

(b) by adding the following subsection:

(6) For the purposes of subsection (1) (c) and (d), the first 5-year period begins on April 1, 2024.

20 Section 61 is amended

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

(1) An optional insurance contract may only

(a) extend coverage for every insured that is specified in a certificate or policy to a limit that is in excess of that provided by the certificate or policy on the same terms and conditions as under that certificate or policy, except as provided under subsection (1.1) or the regulations,

(b) extend coverage for every insured that is provided under Part 10 to a limit that is in excess of that provided under Part 10 on the same terms and conditions as under Part 10, except as provided under subsection (1.1) or the regulations, or

(c) provide coverage that is not provided under Part 10, or

(d) provide coverage that is not specified in

(i) a certificate, or

(ii) a policy that extends the coverage that is specified in a certificate or provided under Part 10. , and

(b) in subsection (1.1) by striking out "subsection (1) (a)" and substituting "subsection (1) (a) or (b)".

21 Section 72 is amended by adding the following paragraph:

(t) respecting exceptions for the purposes of section 61 (1) (a) or (b).

22 The heading to Part 5 is repealed and the following substituted:

Part 5 – Provisions Relating to the Plan and Optional Insurance .

23 Section 74 is amended by striking out "Without limiting Parts 1 and 4, this Part" and substituting "This Part".

24 Section 83 (1) is amended

(a) by striking out "and in section 84", and

(b) by striking out "benefits within the meaning of section 1.1" wherever it appears and substituting "benefits under Part 1".

25 Section 84 is amended by adding the following subsection:

(0.1) In this section, "benefits" means

(a) benefits within the meaning of section 83 (1), and

(b) amounts payable under Part 10.

26 Section 86 (1) (a) is amended by adding "acknowledgment or" before "admission of liability".

27 Section 87 is amended by striking out "under Part 1 in respect of the plan".

28 Section 93.1 (5) is amended by striking out "as defined in section 83 (1) of this Act,".

29 Section 98 is amended by adding "and section 115" after "subject to this Part" and by striking out "if deceased, his or her personal representative" and substituting "if the person is deceased, the person's personal representative".

30 Section 104 (1) is amended

(a) by repealing paragraph (g) (ii) and substituting the following:

(ii) requiring the establishment and maintenance of a register of persons in the class, , and

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

(n) for the purposes of section 103 (1), respecting damages for non-pecuniary loss for a minor injury, including, without limitation, establishing an amount of damages or a limit on damages for a minor injury arising out of an accident in which a claimant suffers

(i) a minor injury and an injury that is not minor, or

(ii) only a minor injury.

31 Part 8 is repealed.

32 The following Part is added:

Part 9 – Pre-Litigation Payments

Definitions

107  In this Part:

"accident" means an accident occurring in British Columbia in which there is bodily injury or death arising out of the use or operation of a vehicle;

"court" includes the civil resolution tribunal in respect of applicable accident claims under the Civil Resolution Tribunal Act;

"pre-litigation payment" means a payment made under section 109.

Offer to make pre-litigation payment

108  (1) Subject to section 110, the corporation may, in accordance with this section, offer to make a pre-litigation payment to a person who has a right of action against an insured or the corporation respecting an accident.

(2) The corporation may not make an offer under this section that exceeds the corporation's reasonable assessment of the value of the amount the person could recover in an action.

(3) An offer under this section must

(a) be made in writing, and

(b) contain a statement that the offer is made under this Part.

Pre-litigation payment

109  If the corporation makes an offer to a person under section 108, the corporation may, subject to section 110, make a payment to the person in accordance with the offer.

Restriction on offer or pre-litigation payment

110  The corporation may make

(a) an offer under section 108, or

(b) a pre-litigation payment

only if the corporation is satisfied that the person has not commenced an action against an insured or the corporation respecting the accident.

Consequences of offer and payment of pre-litigation payment

111  An offer under section 108 or a pre-litigation payment is not an acknowledgment or admission of liability, including for the purposes of the Limitation Act, and does not prejudice the rights of the insured or the corporation.

Non-disclosure to court and deduction

112  (1) If a person to whom an offer under section 108 or a pre-litigation payment was made commences an action respecting an accident, there must be no reference to or disclosure of any of the following matters to the court or jury until the award of damages has been assessed:

(a) the fact that the offer of a pre-litigation payment was made;

(b) the fact that a pre-litigation payment was made;

(c) the amount of the offer or pre-litigation payment.

(2) After the award of damages has been assessed,

(a) the amount of a pre-litigation payment, if any, must be disclosed to the court,

(b) the court must take the disclosure into account and deduct the pre-litigation payment from the award of damages, and

(c) an order must be made or a judgment entered for the difference only.

(3) If the difference determined for the purpose of subsection (2) is negative,

(a) the court must not make an order for the payment of damages, and

(b) the corporation is not entitled to repayment of the difference.

(4) The determination of whether a party is entitled to costs and the assessment of those costs must be based on the assessment of the award of damages and not on the difference determined for the purpose of subsection (2).

33 The following Parts are added:

Part 10 – Enhanced Accident Benefits and Limits on Actions and Proceedings

Division 1 – Definitions and Application

Definitions

113  In this Part:

"accident" means an accident in which there is bodily injury caused by a vehicle;

"bodily injury" means any physical or mental injury, including death;

"bodily injury caused by a vehicle" means bodily injury caused by a vehicle or the use or operation of a vehicle;

"catastrophic injury" has the prescribed meaning;

"deceased" means an insured who died as a result of the accident;

"educational institution" has the prescribed meaning;

"employment" means a remunerative occupation;

"excluded vehicle" means

(a) a vehicle that could not be licensed under the Motor Vehicle Act or the Commercial Transport Act, or that is of such a design that, if it were owned or operated in British Columbia, it could not be licensed under either of those Acts, and

(b) a vehicle in a prescribed class of vehicles

but does not include a vehicle in a prescribed class of vehicles;

"full-time basis" has the prescribed meaning;

"full-time earner" means an insured, other than a minor or student, who, at the time of the accident, holds regular employment on a full-time basis;

"insured" means an individual who, under section 118 or 119, is entitled to benefits under this Part;

"minor" means an insured who is under 19 years of age at the time of the accident;

"non-earner" means an insured, other than a minor, a student or an insured in a prescribed class of insureds, who, at the time of the accident, does not hold employment but is able to work, and includes an insured in a prescribed class of insureds;

"non-standard motor vehicle" means

(a) a motor vehicle

(i) that, as manufactured, does not conform to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles for highway use, and

(ii) that could be licensed under the Motor Vehicle Act or the Commercial Transport Act, or that is of such a design that, if it were owned or operated in British Columbia, it could be licensed under either of those Acts, and

(b) a motor vehicle in a prescribed class of motor vehicles

but does not include a motor vehicle in a prescribed class of motor vehicles;

"part-time basis" has the prescribed meaning;

"part-time earner" means an insured, other than a minor or student, who, at the time of the accident, holds regular employment on a part-time basis;

"post-secondary educational institution" has the prescribed meaning;

"student" means an insured who, at the time of the accident, is

(a) 19 years of age or older and attending a secondary school or post-secondary educational institution on a full-time basis, or

(b) a minor who has completed the requirements for graduation from secondary school and is attending a post-secondary educational institution on a full-time basis;

"temporary basis" has the prescribed meaning;

"temporary earner" means an insured, other than a minor or student, who, at the time of the accident, holds regular employment on a temporary basis.

Application of this Part

114  (1) This Part applies to an accident occurring on or after May 1, 2021.

(2) Despite subsection (1), this Part does not apply to the following types of accidents:

(a) only one vehicle is involved in the accident, and the vehicle is

(i) an excluded vehicle and the accident

(A) occurs off-highway, or

(B) occurs on a highway and no permit has been issued under the Motor Vehicle Act or the Commercial Transport Act for the vehicle to be on the portion of the highway where the accident occurs,

(ii) a non-standard motor vehicle, if the accident occurs off-highway, or

(iii) a trailer that is not an excluded vehicle, if the accident occurs off-highway;

(b) more than one vehicle is involved in the accident, each of the vehicles is a vehicle referred to in paragraph (a) and the accident occurs as described in that paragraph respecting the vehicle;

(c) the accident occurs in the prescribed circumstances or involves the prescribed vehicles.

Division 2 – Limits on Actions and Proceedings

No actions or proceedings for bodily injury

115  Despite any other law or enactment but subject to this Part,

(a) a person has no right of action and must not commence or maintain proceedings respecting bodily injury caused by a vehicle arising out of an accident, and

(b) no action or proceeding may be commenced or maintained respecting bodily injury caused by a vehicle arising out of an accident.

Exceptions

116  (1) In this section:

"garage service operator" has the prescribed meaning;

"out-of-province owner" means a person who has ownership of a vehicle in a jurisdiction outside British Columbia in accordance with the law of that jurisdiction;

"voluntary occupant" means a person who is a voluntary operator of, or a voluntary passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, the out-of-province owner or, in the case of a leased motor vehicle, the lessee.

(2) Subject to the regulations and subsection (3), section 115 does not apply to an action or proceeding for non-pecuniary damages and punitive, exemplary or other similar non-compensatory damages against any of the following:

(a) a vehicle manufacturer, respecting its business activities and role as a manufacturer;

(b) a person who is in the business of selling vehicles, respecting the person's business activities and role as a seller;

(c) a maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;

(d) a garage service operator, respecting its business activities and role as a garage service operator;

(e) a licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee's role as a licensee in the sale or service of liquor to a patron;

(f) a person whose use or operation of a vehicle

(i) caused bodily injury, and

(ii) results in the person's conviction of a prescribed Criminal Code offence;

(g) a person in a prescribed class of persons.

(3) Despite the Negligence Act, in an action referred to in subsection (2) of this section, if 2 or more persons are responsible for bodily injury, they are liable to the person who sustained the bodily injury for any damages awarded for that bodily injury in the degree to which they are respectively responsible, and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

(4) Despite any other law or enactment, in an action referred to in subsection (2) (f), a person who would, but for this subsection, be vicariously liable for the use or operation referred to in subsection (2) (f) is absolved from that vicarious liability.

(5) Despite subsection (2), section 115 applies to an action or proceeding described in subsection (2) of this section commenced or maintained by a voluntary occupant.

(6) Section 83 does not apply to an action referred to in subsection (2) of this section.

Division 3 – Entitlement and Matters Affecting Entitlement

Enhanced accident benefits

117  Subject to this Part, benefits under this Part are payable by the corporation regardless of who is responsible for the accident.

Enhanced accident benefits for residents

118  Subject to this Part and the regulations, an individual who is a resident at the time of an accident is entitled to benefits under this Part if

(a) the individual sustains bodily injury caused by a vehicle arising out of the accident, and

(b) the accident occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.

Enhanced accident benefits for non-residents

119  (1) In this section, "specified vehicle" means a vehicle

(a) that is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act, or

(b) for which a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act,

and coverage is provided by a certificate with respect to that vehicle.

(2) Subject to this Part and the regulations, an individual who is not a resident at the time of an accident and who sustains bodily injury caused by a vehicle arising out of the accident is entitled to benefits under this Part if either of the following is the case:

(a) the accident occurs in British Columbia and at the time of the accident the individual is one or more of the following:

(i) an owner;

(ii) a lessee named in an owner's certificate;

(iii) an operator or occupant of a specified vehicle that is involved in the accident;

(iv) an individual who is not an operator or occupant of a vehicle and is struck by

(A) a specified vehicle, or

(B) something other than a vehicle because of a specified vehicle;

(v) neither an owner nor a lessee named in an owner's certificate and the individual is either

(A) an operator or occupant of a vehicle that is not a specified vehicle, or

(B) not an operator or occupant of a vehicle and is struck by a vehicle that is not a specified vehicle or by something other than a vehicle because of a vehicle that is not a specified vehicle;

(vi) an individual other than an individual referred to in subparagraphs (i) to (v);

(b) the accident occurs outside British Columbia but otherwise within the area described in section 118 and the individual is both of the following:

(i) an owner or a lessee named in an owner's certificate;

(ii) either

(A) an operator or occupant of a vehicle that is registered and licensed under the Motor Vehicle Act or the Commercial Transport Act or of a prescribed vehicle, or

(B) an individual who is neither an operator nor an occupant of a vehicle and is struck by a vehicle described in clause (A) or is struck by something other than a vehicle because of a vehicle described in clause (A).

(3) An individual referred to in subsection (2) (a) (v) or (vi) is entitled to benefits only to the extent, expressed as a percentage, that the individual is not responsible for the accident.

Corporation's duty respecting benefits

120  The corporation must

(a) advise and assist an individual with making a claim for benefits under this Part, and

(b) endeavour to ensure that the individual is informed about, and receives, benefits payable to the individual under this Part.

Circumstances in which benefits reduced, suspended or cancelled or in which benefits not paid

121  (1) Subject to the regulations, the corporation may reduce, suspend or cancel, or refuse to pay, benefits under this Part to or on behalf of an insured in the following circumstances:

(a) the accident was wilfully caused by the insured;

(b) the insured's bodily injury was wilfully caused by the insured;

(c) the insured knowingly provides false or inaccurate information to the corporation;

(d) the insured fails to comply with a requirement of the corporation under section 11;

(e) the insured fails to comply with prescribed requirements;

(f) prescribed circumstances.

(2) Section 75 does not apply to a claim for benefits in the circumstances described in subsection (1) of this section.

Other sources

122  (1) In this section, "other compensation", in relation to bodily injury caused by a vehicle arising out of an accident, means amounts paid or payable, or things or services provided or to be provided in kind, directly or indirectly, whether or not as a result of a right of indemnity,

(a) under the Workers Compensation Act or a similar law of another jurisdiction,

(b) under a prescribed compensation plan or scheme or portion of a compensation plan or scheme in a prescribed class of compensation plans or schemes,

(c) from a prescribed insurance coverage,

(d) from a prescribed source,

(e) under a prescribed enactment, or

(f) under a prescribed law of a jurisdiction outside British Columbia.

(2) The corporation must not pay a benefit under this Part in relation to an accident to a person entitled to other compensation for the same accident, except to the extent that the amount of the benefit payable under this Part exceeds the value of the other compensation.

(3) Subsection (2) applies even if the person has elected not to claim or has forfeited the person's claim for other compensation.

(4) Despite subsection (2), the corporation may, in the prescribed circumstances, pay a benefit under this Part to a person entitled to other compensation in accordance with the regulations.

Division 4 – Health Care, Rehabilitation and Related Benefits

Health care and related expenses benefit

123  (1) Subject to the regulations and subsection (2), an insured is entitled to the payment or reimbursement of reasonable expenses incurred by the insured respecting the insured's bodily injury for necessary

(a) health care,

(b) prescribed services, and

(c) prescribed equipment, medication and other things.

(2) The corporation must calculate and determine the amount to which the insured is entitled under subsection (1) in accordance with the regulations.

Rehabilitation

124  Subject to the regulations, the corporation may do anything it considers necessary or advisable, including the payment of money, to contribute to the rehabilitation of an insured and to facilitate the insured's recovery from the insured's bodily injury.

Other related expenses

125  (1) Subject to the regulations, if an insured is unable because of the insured's bodily injury to perform activities of daily living without assistance, the insured is entitled to the payment or reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary expenses incurred by the insured to assist with activities of daily living.

(2) Subject to the regulations, if the corporation pays or reimburses an insured under section 123 or contributes to rehabilitation respecting an insured under section 124, the insured is entitled to the payment or reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the insured to receive the care, service, thing or rehabilitation.

(3) Subject to the regulations and subsection (4), an individual is entitled to reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the individual to accompany an insured to receive the care, service, thing or rehabilitation, as described in subsection (2), if that accompaniment is required because of the physical or mental condition of the insured or the insured's age.

(4) The corporation may not under subsection (3) reimburse more than one individual for each required accompaniment.

(5) Subject to the regulations and subsection (6), an individual is entitled to reimbursement, up to a maximum of the prescribed amount, of reasonable and necessary transportation, lodging and meal expenses incurred by the individual to attend an insured receiving critical care because of the insured's bodily injury.

(6) The corporation may not under subsection (5) reimburse more than 2 individuals per insured.

Recreation benefit

126  (1) In this section, "eligible insured" means an insured in a prescribed class of insureds.

(2) Subject to the regulations, the corporation may pay an eligible insured, or reimburse an eligible insured, up to a maximum of the prescribed amount, for reasonable expenses incurred by the eligible insured to facilitate the eligible insured's participation in recreation activities.

Expenses generally

127  Subject to the regulations, the corporation may pay an insured, or reimburse an insured, up to a maximum of the prescribed amount, for reasonable expenses incurred by the insured in relation to an accident, if those expenses are within a prescribed category of expenses.

Prescribed maximum benefits

128  The Lieutenant Governor in Council may prescribe a maximum amount for the total combined benefits payable to or on behalf of an insured under sections 123 to 127, which must be not less than $7 500 000 for each accident in which the insured sustains bodily injury.

Division 5 – Permanent Impairment Compensation

Permanent impairment compensation

129  (1) Subject to the regulations and section 130, if an insured sustains a permanent impairment as a result of the accident, the insured is entitled to a lump sum payment for the permanent impairment.

(2) The corporation must calculate and determine the permanent impairment compensation to which the insured is entitled under subsection (1) in accordance with the regulations.

If insured dies

130  (1) If the insured dies of a cause related to the accident, the corporation must not make a lump sum payment for the permanent impairment under this Division.

(2) If the insured dies of a cause unrelated to the accident and the insured has a permanent impairment as a result of the accident on the date of the insured's death, the corporation must

(a) estimate the amount of the lump sum payment that would have been payable to the insured for the permanent impairment under section 129 if the insured had not died, and

(b) make that lump sum payment to the insured's estate.

Division 6 – Income Replacement Benefits – Earners and Non-Earners

Full-time earners

131  (1) Subject to the regulations, a full-time earner is entitled to an income replacement benefit if any of the following is the case because of the full-time earner's bodily injury:

(a) the full-time earner is unable to continue the full-time employment;

(b) the full-time earner is unable to continue any other employment that the full-time earner held in addition to the full-time employment the full-time earner held at the time of the accident;

(c) the full-time earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the full-time earner was entitled at the time of the accident.

(2) The corporation must calculate and determine the income replacement benefit for a full-time earner to which the insured is entitled under subsection (1) in accordance with the regulations.

Special circumstances

132  (1) Subject to subsection (2), if the corporation is satisfied that a full-time earner who is entitled to an income replacement benefit under section 131 would have held a more remunerative employment at the time of the accident than the full-time earner held at the time of the accident but for special circumstances, the full-time earner is entitled to receive an income replacement benefit under section 131 determined on the basis of the gross income for that employment.

(2) The employment referred to in subsection (1) must be full-time employment that is compatible with the training, experience and abilities of the full-time earner immediately before the accident.

Temporary earners and part-time earners

133  (1) Subject to the regulations, a temporary earner or part-time earner is entitled to an income replacement benefit if any of the following is the case because of the temporary earner's or part-time earner's bodily injury:

(a) the temporary earner or part-time earner is unable to continue the employment or to hold an employment that the temporary earner or part-time earner would have held during a prescribed period if the accident had not occurred;

(b) the temporary earner or part-time earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the temporary earner or part-time earner was entitled at the time of the accident.

(2) The corporation must calculate and determine the income replacement benefit for a temporary earner or part-time earner to which the temporary earner or part-time earner is entitled under subsection (1) in accordance with the regulations.

Non-earners

134  (1) Subject to the regulations, a non-earner is entitled to an income replacement benefit if any of the following is the case because of the non-earner's bodily injury:

(a) the non-earner is unable to hold an employment that the non-earner would have held during a prescribed period if the accident had not occurred;

(b) the non-earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the non-earner was entitled at the time of the accident.

(2) During the time that a non-earner is entitled to an income replacement benefit under both paragraphs (a) and (b) of subsection (1), the non-earner is entitled to whichever income replacement benefit is the greater.

(3) The corporation must calculate and determine the income replacement benefit for a non-earner to which the non-earner is entitled in accordance with the regulations.

Division 7 – Benefits for Students

Definitions

135  In this Division:

"current studies" has the prescribed meaning;

"specified date" means the date by which the corporation is satisfied that, but for the accident, a student would have completed current studies.

Student entitled to loss-of-studies benefit

136  (1) Subject to the regulations, a student is entitled to a loss-of-studies benefit for the time that the student is unable because of the student's bodily injury to begin or continue current studies on a full-time basis.

(2) The corporation must calculate and determine the loss-of-studies benefit to which the student is entitled under subsection (1) in accordance with the regulations.

Student entitled to income replacement benefit

137  (1) In this section, "applicable period" means the period that starts on the date of the accident and ends on the specified date.

(2) Subject to the regulations, a student is entitled to an income replacement benefit if any of the following is the case because of the student's bodily injury:

(a) the student is unable to hold an employment that the student would have held during the applicable period if the accident had not occurred;

(b) the student is deprived of a benefit under the Employment Insurance Act (Canada) to which the student was entitled at the time of the accident.

(3) The corporation must calculate and determine the benefit to which the student is entitled under subsection (2) in accordance with the regulations.

Benefit for student unable to begin or continue studies

138  (1) Subject to the regulations, a student who, because of the student's bodily injury,

(a) is unable to begin or continue current studies, and

(b) is unable after the specified date to hold employment

is entitled to an income replacement benefit for the time that the student remains unable to hold employment because of the student's bodily injury.

(2) The corporation must calculate and determine the benefit to which the student is entitled under subsection (1) in accordance with the regulations.

Benefit for student able to begin or continue studies

139  (1) Subject to the regulations, a student who begins or continues current studies after an accident but who is unable because of the student's bodily injury to hold employment after completing or ending current studies is entitled to an income replacement benefit from the date that the student completes or ends current studies for the time that the student is unable to hold employment because of the student's bodily injury.

(2) The corporation must calculate and determine the benefit to which the student is entitled under subsection (1) in accordance with the regulations.

Division 8 – Benefits for Minors

Definitions

140  In this Division:

"applicable period" means the period that starts on the date of the accident and ends on June 30 of the year in which the minor reaches 19 years of age;

"school year" has the same meaning as in the School Act.

Minor entitled to loss-of-studies benefit

141  (1) Subject to the regulations, a minor is entitled to a loss-of-studies benefit for the time the minor is unable because of the minor's bodily injury to begin or continue studies at an educational institution.

(2) The corporation must calculate and determine the benefit under subsection (1) in accordance with the regulations.

Minor entitled to income replacement benefit

142  (1) Subject to the regulations, a minor is entitled to an income replacement benefit if any of the following is the case because of the minor's bodily injury:

(a) the minor is unable to hold an employment that the minor would have held during the applicable period if the accident had not occurred;

(b) the minor is deprived of a benefit under the Employment Insurance Act (Canada) to which the minor was entitled at the time of the accident.

(2) The corporation must calculate and determine the benefit to which the minor is entitled under subsection (1) in accordance with the regulations.

Benefit for minor unable to begin or continue studies

143  (1) Subject to the regulations, a minor who, from the end of the school year in which the minor reaches 19 years of age, because of the minor's bodily injury,

(a) is unable to begin or continue the minor's studies, and

(b) is unable to hold employment

is entitled to an income replacement benefit for the time that the minor remains unable to hold employment because of the minor's bodily injury.

(2) The corporation must calculate and determine the benefit to which the minor is entitled under subsection (1) in accordance with the regulations.

Benefit for minor able to begin or continue studies

144  (1) Subject to the regulations, a minor who begins or continues the minor's studies after the accident but who, because of the minor's bodily injury, is unable to hold employment after completing or ending those studies is entitled to an income replacement benefit from the completion or end of those studies and for the time that the minor remains unable to hold employment because of the minor's bodily injury.

(2) The corporation must calculate and determine the benefit to which the minor is entitled under subsection (1) in accordance with the regulations.

Division 9 – Income Replacement Benefits – General

Persons incapable of holding employment

145  Despite Division 6 of this Part, an insured who the corporation is satisfied was regularly incapable before the accident of holding employment for any reason except age is not entitled to an income replacement benefit.

Events that suspend or end entitlement

146  (1) Subject to the regulations, the corporation must suspend an income replacement benefit

(a) while the insured is able to hold the employment that the insured held at the time of the accident,

(b) while the insured holds other employment from which the insured earns a gross income that is equal to or greater than the gross income that the insured earned from employment held at the time of the accident, or

(c) in the prescribed circumstances.

(2) Despite subsection (1), an insured is entitled, in the prescribed circumstances, to continue to receive for the prescribed period of time, which may be no longer than one year from the date that, but for this subsection, the benefit would have been suspended under subsection (1), all or a portion of the insured's income replacement benefit, as determined in accordance with the regulations.

(3) Subject to the regulations, the corporation must cancel an income replacement benefit

(a) when the insured dies, and

(b) in the prescribed circumstances.

Benefit reduction if person earns reduced income

147  If an insured who is entitled to an income replacement benefit holds employment from which the insured earns a gross income that is less than the gross income used by the corporation to calculate and determine the insured's income replacement benefit, the income replacement benefit must be reduced by the prescribed percentage of the net income that the insured earns from the employment.

Division 10 – Retirement Income Benefit

No entitlement for unemployed person 65 years or older

148  Despite any other provision of this Part, an insured who, on the date of the accident, is 65 years of age or older and does not hold employment is not entitled to an income replacement benefit or a retirement income benefit.

When income replacement benefit ceases

149  An insured who is receiving an income replacement benefit under this Part ceases to be entitled to receive the benefit on the first June 30 following the later of

(a) the date on which the insured reaches the age of 65, and

(b) the date that is 5 years after the date on which the insured's entitlement to receive the benefit began.

Retirement income benefit after age 65

150  (1) Subject to the regulations, on ceasing to be entitled to receive an income replacement benefit as set out in section 149, an insured is entitled to be paid a retirement income benefit.

(2) The corporation must calculate and determine the retirement income benefit to which the insured is entitled under subsection (1) in accordance with the regulations.

(3) An insured ceases to be entitled to a retirement income benefit when the insured dies.

Division 11 – Family and Caregiver Benefits

Reimbursement of expenses respecting family enterprise

151  (1) Subject to the regulations, if an insured is, at the time of the accident, working without remuneration in a family enterprise and the insured is unable because of the insured's bodily injury to perform the insured's regular duties in the family enterprise, the insured is entitled to a reimbursement, up to a maximum of the prescribed amount, of expenses incurred during the first 180 days after the accident to have the insured's regular duties performed by another person during those 180 days.

(2) An insured who the corporation is satisfied was regularly incapable before the accident of holding employment for any reason except age is not entitled to a benefit under this section.

Caregiver benefit

152  (1) Subject to the regulations, an insured, other than a full-time earner, temporary earner, student or minor, whose main occupation at the time of the accident is taking care of, without remuneration, one or more persons who are under 16 years of age or who are regularly unable for any reason to hold any employment is entitled to a caregiver benefit, up to a maximum of the prescribed amount, if the insured is unable to continue providing that care because of the insured's bodily injury.

(2) The corporation must calculate and determine the caregiver benefit to which the insured is entitled under subsection (1) in accordance with the regulations.

(3) In the case of an insured who dies as a result of the accident, the amount that would have been payable under subsection (1) to the insured had the insured survived is payable in accordance with the regulations.

(4) At any time after the prescribed date following the accident, a part-time earner or non-earner who is receiving a caregiver benefit under subsection (1) may elect to continue to receive the caregiver benefit, or to receive an income replacement benefit under section 133 in the case of a part-time earner or section 134 in the case of a non-earner.

(5) Before the date prescribed for the purposes of subsection (4), the corporation must provide the part-time earner or non-earner with information to assist the part-time earner or non-earner to make an election under subsection (4).

Reimbursement of expenses for care of other person

153  (1) Subject to the regulations, an insured who, because of the insured's bodily injury, becomes unable to care for a child under 16 years of age or for a person who is regularly unable, for any reason, to hold any employment is entitled to the reimbursement, up to a maximum of the prescribed amount, of expenses incurred to pay the cost of the care if, on the date of the accident, the insured

(a) is a full-time earner or temporary earner,

(b) holds more than one regular part-time employment for a total of not less than a prescribed number of hours per week,

(c) is a minor or student,

(d) is a part-time earner or non-earner who, under section 152, elects to receive the income replacement benefit, or

(e) is a person in a prescribed class of persons.

(2) The corporation must calculate and determine the amount of the reimbursement to which the insured is entitled under subsection (1) in accordance with the regulations.

(3) Despite subsection (1), an insured residing with a spouse is entitled to reimbursement of expenses under this section only for the time that the spouse is also unable to care for the person referred to in subsection (1) as a result of the illness or disability of the spouse, or the spouse's work or studies outside the residence.

Division 12 – Limit on Benefits

Limit on benefits – subsequent accidents

154  If an insured who is receiving a benefit under sections 131 to 134, sections 137 to 139, sections 142 to 144 or section 151 or 152 subsequently becomes, but for this section, entitled to another benefit under those sections on the basis of a subsequent accident, the insured

(a) is entitled to whichever benefit is the greater, and

(b) is not entitled to both benefits, despite those sections.

Division 13 – Death Benefits

Definition

155  In this Division, "spouse" has the prescribed meaning.

Death benefit for spouse

156  (1) Subject to the regulations, a spouse of a deceased is entitled to a lump sum death benefit, up to a maximum of the prescribed amount.

(2) The corporation must calculate and determine the death benefit to which a spouse is entitled under subsection (1) in accordance with the regulations.

Death benefit for dependant

157  (1) Subject to the regulations, a dependant of a deceased is entitled to a lump sum death benefit, up to a maximum of the prescribed amount.

(2) The corporation must calculate and determine the death benefit to which a dependant is entitled under subsection (1) in accordance with the regulations.

Dependent child of deceased with no spouse

158  (1) Subject to the regulations and subsection (2), if on the date that the deceased dies the deceased has no spouse but has a dependent child, the dependent child is entitled, up to a maximum of the prescribed amount and in addition to a lump sum death benefit under section 157, to the lump sum death benefit that would have been payable under section 156 to the spouse.

(2) If the deceased has more than one dependent child, the additional lump sum death benefit under subsection (1) must be divided equally among the dependent children.

Entitlement of child and parent of deceased

159  Subject to the regulations, if a deceased has no spouse and no dependant on the day the deceased dies, each child and parent of the deceased is entitled to a lump sum death benefit in the prescribed amount.

Reimbursement of funeral expenses

160  If a person incurs funeral or burial expenses for a deceased, the corporation must reimburse, up to a maximum of the prescribed amount per deceased, the person for those expenses.

Grief counselling

161  (1) In this section, "eligible person" means a person who was in a prescribed class of relationship in relation to the deceased.

(2) Subject to the regulations, the corporation must reimburse, up to a maximum of the prescribed amount, an eligible person who incurs reasonable expenses for and related to grief counselling respecting the deceased.

Division 14 – Catastrophic Injuries

Facilitation of claims by catastrophically injured

162  If the corporation is satisfied that an insured has sustained a catastrophic injury as a result of the accident, the corporation may coordinate and facilitate any processes that may be necessary to secure the insured's access to funding or services

(a) that are provided by the government or a prescribed government, agency, public body or entity, or

(b) to which the insured may be entitled under the Medicare Protection Act or another Act.

Extended benefit for catastrophically injured

163  (1) In this section, "expenses" means expenses respecting a catastrophic injury sustained by an insured as a result of the accident.

(2) Subject to the regulations and subsection (3), the corporation may pay for expenses, up to a maximum of the prescribed amount, that the corporation would not otherwise be authorized to pay.

(3) The corporation may pay for expenses under subsection (2) in the following circumstances:

(a) the insured has received the maximum amount of reimbursement for a type of expense payable under this Part, and the corporation

(i) is in the course of exercising its authority under section 162 on the insured's behalf but the insured has not yet accessed funding or a service, and

(ii) considers it advisable to pay the expense for that type of benefit before the insured has access to the funding or service;

(b) the insured has received the maximum amount of reimbursement for a type of expense payable under this Part, the Medicare Protection Act and any other Act, and the corporation is satisfied that payment of the expense will reduce the total of any amounts payable under this Part by an amount that is at least equal to the amount of the expense paid;

(c) payment of the expense is not otherwise provided for in this Part but the corporation is satisfied that payment of the expense will reduce the total of any amounts payable under this Part by an amount that is at least equal to the amount of the expense paid.

(4) The corporation must not, under this section, pay for an expense unless the insured obtained the corporation's written approval before incurring the expense.

Division 15 – Expenses for Volunteers

Expenses for volunteer

164  (1) In this section, "volunteer" means a person who voluntarily and without expectation of compensation renders emergency first aid or other assistance to a person injured in an accident in British Columbia involving an insured.

(2) Subject to the regulations, the corporation may pay a volunteer, or reimburse a volunteer up to a maximum of the prescribed amount, for reasonable expenses incurred in relation to an accident, if those expenses are within a prescribed category of expenses.

Division 16 – Claims and Disputes

Claims

165  (1) A claim for benefits under this Part must be made in the form and manner required by the corporation.

(2) A claim for benefits must be made within the time period prescribed.

(3) The corporation may extend a time period prescribed for the purposes of subsection (2) if the corporation considers it equitable to do so.

(4) The corporation may exercise its power under subsection (3) before or after the prescribed time period has elapsed.

(5) If a claimant fails to make a claim respecting an accident within the time period prescribed for the purposes of subsection (2), the claimant is not entitled to benefits respecting that accident, unless the corporation grants an extension under subsection (3) and the claimant makes a claim within that extended period.

Advance payment

166  (1) If satisfied that a claim is well founded, the corporation may pay a benefit under this Part on the basis of the claim but before determining that the claimant is entitled to the benefit.

(2) If after making a payment under subsection (1) the corporation determines that the claimant is not entitled to the benefit, the corporation may not recover the payment, unless the claim involves fraud.

Disputes with corporation

167  A claimant and an insured may, in accordance with the regulations, dispute a determination or decision made by the corporation under this Part.

Division 17 – Recovery of Paid Benefits

Corporation may recover benefits

168  (1) Subject to the regulations, the corporation may recover benefits paid under this Part

(a) from a person described in section 116 (2) (a) to (e) who was responsible for bodily injury arising out of the accident but paid to another person for that other person's bodily injury,

(b) from a person to whom benefits were paid for bodily injury arising out of the accident and whose use or operation of a vehicle

(i) caused bodily injury, and

(ii) results in the person's conviction of a prescribed Criminal Code offence,

(c) from the person referred to in paragraph (b) but paid to another person for that other person's bodily injury arising out of the accident referred to in paragraph (b), or

(d) from or paid to a person in a prescribed class of persons or in the prescribed circumstances.

(2) Despite the Negligence Act, in an action referred to in subsection (1) of this section, if 2 or more persons are responsible for bodily injury, they are liable to the corporation in the degree to which they are respectively responsible and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

Division 18 – Regulations

Power to make regulations under this Part

169  (1) The power of the Lieutenant Governor in Council to make regulations under this Part does not limit the power of the Lieutenant Governor in Council to make regulations under any other Part of this Act.

(2) The Lieutenant Governor in Council,

(a) for the purposes of this Part, may make regulations as described in sections 45 and 94, as applicable, and

(b) for the purposes of Division 4 of this Part, may make regulations as described in section 45.1, as applicable.

(3) Where a provision in this Part entitles a person to a benefit subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

(a) providing exceptions to the provision;

(b) establishing limits on entitlement to the benefit;

(c) establishing conditions on the entitlement to the benefit;

(d) establishing conditions in relation to the operation of an exception or limit established by a regulation made under this subsection;

(e) respecting procedures for claiming a benefit;

(f) respecting duties and obligations of a person claiming a benefit.

(4) Where a provision in this Part confers a power, duty or function on the corporation subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

(a) providing exceptions to the provision;

(b) establishing conditions in relation to the operation of an exception or limit established by a regulation made under this subsection;

(c) establishing limits on the power, duty or function;

(d) establishing requirements respecting how the power, duty or function is to be carried out.

(5) The Lieutenant Governor in Council may make regulations as follows:

(a) further restricting the exceptions set out in section 116 (2) (a) to (e) and prescribing exceptions for the purposes of section 116 (2) (g);

(b) respecting the payment of benefits that were not paid or that were reduced, suspended or cancelled in prescribed circumstances under section 121 (1) (f) if the circumstances change, including determining if interest is payable, and if so, the amount of interest and the manner of payment;

(c) if an amount is paid under a regulation made under paragraph (b) and the circumstances revert to the prescribed circumstances in which a benefit should not have been paid or should have been reduced, suspended or cancelled, respecting the repayment of the benefits paid, including the manner of repayment;

(d) for the purposes of section 124, including, without limitation, regulations

(i) prescribing services or assistance for which the corporation may provide funding to an insured to facilitate the insured's rehabilitation,

(ii) prescribing expenses incurred respecting rehabilitation for which the corporation may provide reimbursement,

(iii) respecting services respecting rehabilitation that the corporation may provide or arrange to be provided, and

(iv) respecting procedures or decision-making or recommendation-making bodies that the corporation may establish

(A) for the purpose of making assessments respecting any matter in relation to an insured's rehabilitation, or

(B) for the corporation's provision of funding, reimbursement or services;

(e) respecting permanent impairments, including, without limitation, the establishment of a schedule of permanent impairment, including, without limitation,

(i) the attribution of a percentage of impairment to each permanent impairment,

(ii) the determination of an additional percentage of impairment where the permanent impairment affects symmetrical organs,

(iii) the determination of an additional percentage of impairment where the permanent impairment affects an impairment that the insured had before the accident, and

(iv) the reduction of the percentages attributed to permanent impairments for insureds who have more than one permanent impairment;

(f) respecting income replacement benefits and retirement income benefits, including, without limitation, regulations respecting

(i) amounts, manner and frequency of payments of benefits to be paid, including, without limitation, regulations authorizing or requiring the corporation to calculate and determine income replacement benefits by reference to

(A) prescribed periods of time,

(B) an insured's actual or estimated present or future gross or net income,

(C) industrial average wage,

(D) classes of employment,

(E) an insured's potential employment, as determined by the corporation, or

(F) any other specified factors, amounts, activities or potential activities,

(ii) circumstances in which the corporation may adjust or renew income replacement benefits, including, without limitation, where the insured suffers a relapse, and

(iii) notices of determinations respecting income replacement benefits;

(g) respecting loss-of-studies, family enterprise and caregiver benefits, including, without limitation, regulations respecting

(i) amounts, manner and frequency of payments of benefits to be paid, including, without limitation, regulations authorizing or requiring the corporation to calculate and determine the benefits by reference to prescribed periods of time and any other specified factors or amounts, and

(ii) circumstances in which the corporation may adjust or renew the benefits, including, without limitation, where the insured suffers a relapse;

(h) respecting death benefits, including, without limitation, regulations respecting amounts and manner of payments of death benefits to be paid, including, without limitation, authorizing or requiring the corporation to calculate and determine death benefits by reference to

(i) the deceased's age, income or other circumstances,

(ii) the age, income or other circumstances of the persons who are entitled to a death benefit, and

(iii) any other specified values or amounts;

(i) respecting grief counselling, including, without limitation, regulations respecting maximum amounts payable per deceased, per class of eligible persons or per accident;

(j) respecting catastrophic injuries and the payment by the corporation of expenses under section 163, including, without limitation, regulations

(i) restricting or guiding the corporation's discretion under that section,

(ii) specifying types of expenses that the corporation may pay, or refuse to pay, under that section, and

(iii) specifying injuries or combinations of injuries as catastrophic injuries for the purposes of that section;

(k) for the purposes of section 167, establishing requirements and procedures respecting disputes.

Part 11 – Basic Vehicle Damage Coverage and Limits on Actions and Proceedings

Division 1 – Definitions and Application

Definitions

170  (1) In this Part:

"accident" means an accident occurring in British Columbia arising out of the use or operation of a vehicle;

"excluded vehicle" means

(a) a vehicle that could not be licensed under the Motor Vehicle Act or the Commercial Transport Act, or that is of such a design that, if it were owned or operated in British Columbia, it could not be licensed under either of those Acts, and

(b) a vehicle in a prescribed class of vehicles

but does not include a vehicle in a prescribed class of vehicles;

"included vehicle" means a vehicle other than a vehicle in a prescribed class of vehicles;

"insured" has the prescribed meaning;

"licensed vehicle" means a vehicle

(a) that is not any of the following:

(i) a non-standard motor vehicle;

(ii) an excluded vehicle;

(iii) a vehicle in a class of prescribed class of vehicles, and

(b) that is one of the following:

(i) a vehicle registered and licensed under the Motor Vehicle Act or the Commercial Transport Act;

(ii) a vehicle for which a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act;

(iii) a vehicle registered in a jurisdiction in the area described in section 118 of this Act for which licensing requirements of the jurisdiction in which the vehicle is registered are fulfilled; 

"loss of use" has the prescribed meaning;

"non-standard motor vehicle" means

(a) a motor vehicle

(i) that, as manufactured, does not conform to the standards set out in the Motor Vehicle Safety Act (Canada) for motor vehicles for highway use, and

(ii) that could be licensed under the Motor Vehicle Act or the Commercial Transport Act or that is of such a design that, if it were owned or operated in British Columbia, it could be licensed under either of those Acts, and

(b) a motor vehicle in a prescribed class of motor vehicles

but does not include a motor vehicle in a prescribed class of motor vehicles;

"permanently attached equipment" means machinery, an apparatus or other equipment that

(a) is mounted on or attached to a vehicle, and

(b) can be removed from the vehicle only with the use of a tool or tools;

"vehicle damage", in relation to a vehicle, means

(a) damage to or loss of the vehicle,

(b) loss of use of the vehicle,

(c) damage to or loss of permanently attached equipment,

(d) accelerated depreciation of the vehicle, and

(e) any other prescribed types of damage or loss.

(2) A reference to a vehicle in this Part is to be read as including a reference to permanently attached equipment of the vehicle.

Application

171  This Part applies to an accident occurring on or after May 1, 2021.

Division 2 – Limits on Actions

No actions or proceedings for vehicle damage – accident on highway

172  (1) Despite any other law or enactment but subject to this Part,

(a) a person has no right of action and must not commence or maintain proceedings respecting vehicle damage to an included vehicle sustained in an accident that

(i) occurred on a highway, and

(ii) involved at least 2 included vehicles, and

(b) no action or proceeding may be commenced or maintained respecting vehicle damage to an included vehicle sustained in an accident that

(i) occurred on a highway, and

(ii) involved at least 2 included vehicles.

(2) Subsection (1) does not apply respecting actions to be brought or proceedings to be commenced or maintained against

(a) persons who, at the time of the accident, are not owners, lessees named in an owner's certificate, occupants or operators of included vehicles involved in the accident, and

(b) persons in a prescribed class of persons by persons in a prescribed class of persons.

(3) Despite the Negligence Act, in an action referred to in subsection (2) of this section, if 2 or more persons are responsible for the vehicle damage, they are liable for any damages awarded for that vehicle damage in the degree to which they are respectively responsible and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

No actions or proceedings for vehicle damage – accident off-highway

173  (1) In this section, "licensed person", in relation to a licensed vehicle, means

(a) an owner, a lessee named in an owner's certificate, an occupant or an operator, or

(b) a person in a prescribed class of persons.

(2) Despite any other law or enactment,

(a) a licensed person, other than a licensed person in a prescribed class of licensed persons, has no right of action and must not commence or maintain proceedings against another licensed person respecting vehicle damage sustained to a licensed vehicle in an accident that

(i) occurred off-highway, and

(ii) involved at least 2 licensed vehicles;

(b) no action or proceeding may be commenced or maintained by a licensed person, other than a licensed person in a prescribed class of licensed persons, against another licensed person respecting vehicle damage sustained to the licensed vehicle in an accident that

(i) occurred off-highway, and

(ii) involved at least 2 licensed vehicles.

(3) Despite the Negligence Act, in an action to which subsection (2) of this section does not apply respecting an accident that

(a) occurred off-highway, and

(b) involved at least 2 licensed vehicles,

if 2 or more persons are responsible for the vehicle damage arising out of the accident, they are liable for any damages awarded for that vehicle damage in the degree to which they are respectively responsible and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it.

Division 3 – Coverage

Coverage – accident on highway

174  (1) In this section, "eligible vehicle" means

(a) a licensed vehicle with respect to which coverage is, under this Part, provided by a certificate,

(b) a non-standard motor vehicle

(i) with respect to which

(A) a licence or permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that was involved in an accident that occurred on the portion of the highway on which the vehicle is authorized to be operated,

(c) an excluded vehicle

(i) with respect to which

(A) a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that was involved in an accident that occurred on the portion of the highway on which the vehicle is authorized to be operated, and

(d) a vehicle with respect to which coverage is provided by a certificate and that is in a prescribed class of vehicles

but does no include a vehicle in a prescribed class of vehicles.

(2) This section applies to an accident on a highway involving at least 2 included vehicles.

(3) Subject to subsection (4) and the regulations, the corporation, in accordance with the regulations, must indemnify an insured for damage or loss respecting the insured's eligible vehicle, sustained in an accident on a highway, for

(a) the cost of repairs or replacement of the vehicle,

(b) the loss of use of the vehicle,

(c) the cost of repairs or replacement of permanently attached equipment, and

(d) any other prescribed types of damage or loss.

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage,

(a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and

(b) another person whose name is not ascertainable is responsible for the accident.

(5) Indemnification paid under this section must not exceed the prescribed amount, if any.

Coverage – accident off-highway

175  (1) In this section, "eligible vehicle" means a licensed vehicle with respect to which coverage is, under this Part, provided by a certificate.

(2) This section applies to an accident off-highway involving at least 2 licensed vehicles.

(3) Subject to subsection (4) and the regulations, the corporation, in accordance with the regulations, must indemnify an insured for damage or loss respecting the insured's eligible vehicle, sustained in an accident off-highway, for

(a) the cost of repairs or replacement of the vehicle,

(b) the loss of use of the vehicle,

(c) the cost of repairs or replacement of permanently attached equipment, and

(d) any other prescribed types of damage or loss.

(4) The total value of indemnification under subsection (3) must be reduced by the extent to which, expressed as a percentage,

(a) the owner and the operator of the insured's eligible vehicle and a person in a prescribed class of persons is responsible for the accident, and

(b) another person whose name is not ascertainable is responsible for the accident.

(5) Indemnification paid under this section must not exceed the prescribed amount, if any.

Restriction on indemnification

176  (1) Subject to subsection (2), the corporation must not indemnify under this Division an owner with respect to an accident

(a) if the owner owns more than one vehicle involved in the accident,

(b) if the owner's vehicle is damaged by another vehicle operated by the owner, or

(c) in the prescribed circumstances.

(2) The Lieutenant Governor in Council may by regulation prescribe a class of persons whom the corporation must not indemnify under this Division with respect to an accident in the prescribed circumstances.

(3) The restrictions under subsection (1) and under a regulation made under subsection (2) apply only to the extent that the owner or operator of the owner's vehicle or the person in a prescribed class of persons is responsible for the accident.

Circumstances in which indemnification not paid or in which indemnification reduced

177  (1) Subject to the regulations, the corporation may reduce or refuse to pay indemnification under this Part in the following circumstances:

(a) the accident was wilfully caused by the insured;

(b) the vehicle damage was wilfully caused by the insured;

(c) the insured knowingly provides false or inaccurate information to the corporation;

(d) the insured fails to comply with a requirement of the corporation under section 11;

(e) the insured fails to comply with prescribed requirements;

(f) prescribed circumstances.

(2) Section 75 does not apply to a claim for indemnification in the circumstances described in subsection (1).

Recovery

178  (1) In this section:

"out-of-province owner" means a person who has ownership of a vehicle in a jurisdiction outside British Columbia in accordance with the law of that jurisdiction;

"owner" includes an out-of-province owner.

(2) Subject to the regulations and subsection (3), the corporation may recover indemnification paid to an insured under this Part,

(a) in relation to an accident on a highway or off-highway, from an owner of a vehicle described in subsection (4) except in the prescribed circumstances,

(b) in relation to an accident on a highway, from an operator or occupant of a vehicle described in subsection (4) if

(i) the operator or occupant knew or ought to have known that the vehicle is not a licensed vehicle, or

(ii) the accident occurs on the portion of the highway on which the vehicle is not authorized to be operated, and

(c) in relation to an accident on a highway or off-highway, from a person in a prescribed class of persons in relation to a vehicle described in subsection (4).

(3) Recovery under subsection (2) is limited to the extent to which, expressed as a percentage and applied to the amount paid under this Part, the applicable person referred to in subsection (2) is responsible for the accident.

(4) The following vehicles are vehicles for the purposes of subsection (2):

(a) a vehicle that is none of the following:

(i) an excluded vehicle, other than a vehicle described in paragraph (c) of this subsection;

(ii) a licensed vehicle;

(iii) a non-standard motor vehicle, other than a vehicle described in paragraph (b) of this subsection;

(b) a non-standard motor vehicle

(i) with respect to which

(A) a licence or permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that is involved in an accident that occurs on the portion of the highway on which the vehicle is not authorized to be operated;

(c) an excluded vehicle

(i) with respect to which

(A) a permit has been issued under the Motor Vehicle Act or the Commercial Transport Act, and

(B) coverage is provided by a certificate, and

(ii) that is involved in an accident that occurs on the portion of the highway on which the vehicle is not authorized to be operated;

(d) a vehicle in a prescribed class of vehicles.

(5) Subject to the regulations, an insurer that

(a) is authorized to transact vehicle insurance in Canada or the United States of America, and

(b) has insured a vehicle for which the licensing requirements of the jurisdiction in which the vehicle is registered are fulfilled

may recover insurance money paid under a contract of insurance as a result of an accident from a person referred to in subsection (2), but only to the extent that the corporation could recover under subsection (2) had the money been paid by the corporation under section 174 or 175.

(6) Subject to the regulations, an owner of a vehicle described in section 1.01 may recover damage or losses with respect to vehicle damage as a result of an accident from a person referred to in subsection (2) of this section, but only to the extent that the corporation could recover under subsection (2) of this section had the money been paid by the corporation under section 174 or 175.

Limiting clause

179  (1) Nothing in this Division precludes the corporation from issuing a certificate providing coverage under this Part that contains a clause to the effect that, in the event of loss, the corporation must pay only

(a) an agreed portion of any loss that may be sustained, or

(b) the amount of the loss after the deduction of a sum specified in the certificate,

and in either case not exceeding the prescribed limit of coverage.

(2) 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 respecting certificates described in subsection (1) of this section, including, without limitation, regulations respecting

(a) types of insureds to whom, or vehicles with respect to which, the corporation may issue a certificate described in subsection (1),

(b) circumstances in which the corporation, despite having issued a certificate as described in subsection (1), must comply with sections 174 and 175,

(c) specific information that must be included in the certificate and how the information is to be included, and

(d) the maximum deductible to be paid under the certificate.

Division 4 – Power to Make Regulations Under this Part

Power to make regulations under this Part

180  (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 for the purposes of this Part as described in section 45, as applicable.

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

(a) establishing requirements and procedures respecting disputes in relation to a determination or decision made by the corporation under this Part;

(b) respecting an evaluation process for settling disputes between the corporation and an insured about the nature and extent of repairs required for a vehicle, the replacement of a vehicle or the amount payable in respect of direct loss of or damage to the vehicle and how the costs of the evaluation are paid;

(c) exempting prescribed disputes or disputes in prescribed circumstances from the evaluation process;

(d) providing that prescribed disputes may or must be submitted to arbitration, and governing the rights and obligations of the arbitrator and a party to the arbitration;

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

(f) respecting indemnification provided under section 174 (3) or 175 (3), including, without limitation, regulations respecting how and in what form indemnification may be provided;

(g) respecting indemnification that was not paid or that was reduced, suspended or cancelled in prescribed circumstances under section 177 (1) (f) if the circumstances change, including determining if interest is payable, and if so, the amount of interest and the manner of payment;

(h) if an amount is paid under a regulation made under paragraph (g) and the circumstances revert to the prescribed circumstances in which insurance money should not have been paid or should have been reduced, suspended or cancelled, respecting the repayment of the insurance money paid, including the manner of repayment;

(i) respecting claims under this Part, including, without limitation, regulations authorizing the corporation to establish requirements respecting

(i) the form and manner of making claims,

(ii) the time by which claims must be made,

(iii) the circumstances in which the corporation may extend a time established for making a claim, and

(iv) procedures respecting a determination or decision made by the corporation under this Part;

(j) establishing requirements respecting how an authorization made under a regulation made under paragraph (f) is to be carried out.

(3) Without limiting subsection (1), where a provision in this Part confers a power, duty or function on the corporation subject to the regulations, the Lieutenant Governor in Council may, for the purposes of those provisions, make regulations as follows:

(a) providing exceptions to the provision;

(b) establishing conditions in relation to the operation of an exception or limit established by a regulation made under this subsection;

(c) establishing limits on the power, duty or function;

(d) establishing requirements respecting how the power, duty or function is to be carried out.

34 The following Part is added:

Part 12 – General

Division 1 – General Regulation-Making Powers

Power to make regulations under this Act

181  (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 made under this Act;

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

(c) providing that a contravention of a regulation made under this Act is an offence;

(d) establishing rates, formulas, rules or principles for determining or adjusting an amount payable or recoverable under this Act or for adjusting an amount specified in this Act or the regulations made under this Act;

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

(3) Without limiting subsection (2) (d), in making regulations under that subsection, the Lieutenant Governor in Council may provide for

(a) the use of a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) any matters respecting the use of a consumer price index.

(4) Without limiting this section, the Lieutenant Governor in Council may, when prescribing the meaning of a word or phrase in a provision of this Act that sets out definitions, make regulations setting out rules, methods, procedures, temporal requirements or any other things to determine the meaning.

(5) A regulation made under this Part may adopt by reference, in whole or in part or with any change the Lieutenant Governor in Council considers necessary,

(a) a regulation, code, standard or rule

(i) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or

(ii) set by a provincial, national or international body or any other code-, standard- or rule-making body, or

(b) a guideline or criteria published by a specified body.

(6) 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 benefits, indemnification, insurance money, persons, places, things, circumstances or transactions or for different classes of benefits, indemnification, insurance money, persons, places, things, circumstances or transactions, and

(b) establish different classes of benefits, indemnification, insurance money, persons, places, things, circumstances or transactions.

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

35 The following Division is added to Part 12:

Division 2 – Review of Parts 10 and 11

Review by special committee

182  On or before May 1, 2026, the Legislative Assembly must appoint a special committee to conduct a review of Parts 10 and 11, and the committee must submit a report on the results of the review to the Legislative Assembly within one year after the date of the appointment of the committee.

36 The following Division is added to Part 12:

Division 3 – Transitional Regulation-Making Powers

Transitional regulations for Insurance (Vehicle) Amendment Act, 2018

183  (1) Despite this Act 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 the amendments made by the Insurance (Vehicle) Amendment Act, 2018;

(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing the amendments made by the Insurance (Vehicle) Amendment Act, 2018 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 the amendments made by the Insurance (Vehicle) Amendment Act, 2018 into effect, including, without limitation, provisions making an exception to or modification of a provision in an enactment or providing for the application or continued application of a previous enactment;

(d) resolving any errors, inconsistencies or ambiguities arising in the amendments made by the Insurance (Vehicle) Amendment Act, 2018.

(2) A regulation made under subsection (1) may be made retroactive to May 17, 2018 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 made 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.

37 The following section is added to Division 3 of Part 12:

Transitional regulations for Parts 10 and 11

184  (1) Despite this Act or any other Act, the Lieutenant Governor in Council may make regulations respecting Parts 10 and 11 as set out in section 183 (1) of this Act, and for that purpose, references in section 183 (1) to the Insurance (Vehicle) Amendment Act, 2018 must be read as references to the Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020.

(2) A regulation made 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 made under subsection (1) and another enactment, the regulation prevails.

(4) This section and any regulations made under this section are repealed on the date that is one year after the date this section comes into force, or on an earlier date prescribed by the Lieutenant Governor in Council.

Consequential and Related Amendments and Transitional Provisions

Civil Resolution Tribunal Act

38 Section 56.7 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended

(a) by striking out "of a final decision" wherever it appears and substituting "of a decision", and

(b) in subsection (2) by striking out "that relates to liability in an accident claim" and substituting "concerning a claim".

39 Section 132 is amended

(a) in the definition of "accident" by repealing paragraph (b) and substituting the following:

(b) in respect of the benefits referred to in section 133 (1) (a) of this Act, has the same meaning as in

(i) section 1.1 [definitions] of the Insurance (Vehicle) Act for benefits payable under Part 1 of that Act, and

(ii) section 113 [definitions] of the Insurance (Vehicle) Act for benefits payable under Part 10 of that Act; , and

(b) in the definition of "benefits" by striking out "section 1.1" and substituting "section 1".

Civil Resolution Tribunal Act transition – application of section as amended

40  Section 56.7 of the Civil Resolution Tribunal Act, as amended by this Act, applies to all applications for judicial review of a decision of the tribunal, whether the applications are made before or after the coming into force of the amendment.

Insurance (Vehicle) Act

Insurance (Vehicle) Act transition – application not affected

41  (1) In this section, "certificate" has the same meaning as in the Insurance (Vehicle) Act.

(2) On the coming into force of this section, despite anything to the contrary on a certificate, a person who has coverage provided by a certificate issued before May 1, 2021 is not entitled to benefits under Part 1 of the Insurance (Vehicle) Act respecting accidents occurring on or after May 1, 2021.

Insurance (Vehicle) Act transition – application of Part 11 of Insurance (Vehicle) Act

42  (1) In this section, "certificate" has the same meaning as in the Insurance (Vehicle) Act but does not include a driver's certificate within the meaning of the Insurance (Vehicle) Act.

(2) Subject to subsection (3), on the coming into force of Part 11 of the Insurance (Vehicle) Act, as enacted by this Act, that Part applies with respect to a certificate valid on that date, despite anything in the certificate suggesting otherwise.

(3) The application of Part 11 as set out in subsection (2) continues until the earlier of the following:

(a) the term of the certificate ends;

(b) the certificate otherwise ceases to be valid.

Commencement

43  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: