Point in Time - Basic Vehicle Damage Coverage Regulation - 4/2021

"Point in Time" Regulation Content

Insurance (Vehicle)

Basic Vehicle Damage Coverage Regulation

B.C. Reg. 4/2021

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 May 1, 2021
May 1, 2021
Section 3 May 1, 2021
Section 6 May 1, 2021
Part 3 Division 1 May 1, 2021
Section 8.1 May 1, 2021
Section 9 May 1, 2021
Section 10 May 1, 2021
Section 13 May 1, 2021
Section 17 May 1, 2021
Section 18 May 1, 2021
Section 21 May 1, 2021
Section 24 May 1, 2021
Section 28 May 1, 2021

 Section 1 definitions of "amphibious vehicle", "element of race or speed test", "garage service operator", "household", "out-of-province owner" and "road building machine" BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

"amphibious vehicle" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Regulation;

"element of race or speed test" has the same meaning as in section 2 (2) of the Insurance (Vehicle) Regulation;

"garage service operator" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Regulation;

"household" has the same meaning as in section 1 (1) of the Insurance (Vehicle) Regulation;

"out-of-province owner" has the same meaning as in section 178 (1) of the Act;

"road building machine" has the same meaning as in section 1 of the Commercial Transport Act;

 Section 1 definitions of "implement of husbandry", "non-prohibited farm use vehicle" and "specified non-prohibited farm use vehicle" were added by BC Reg 117/2021, effective May 1, 2021.

 Section 3 (f) (iii) was added by BC Reg 117/2021, effective May 1, 2021.

 Section 6 (2) (e) (part) and (f) (part) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(e) if the action or proceeding is brought, commenced or maintained by any of the following respecting an authorized trailer or a non-motive trailer in the combination of vehicles:

(f) any of the following respecting an authorized trailer or a non-motive trailer that is in a combination of vehicles:

 Part 3, Division 1 heading BEFORE re-enacted by BC Reg 117/2021, effective May 1, 2021.

Division 1 — Prescribed Classes of Vehicles and Persons

 Section 8.1 was enacted by BC Reg 117/2021, effective May 1, 2021.

 Section 9 (2) (k) was added by BC Reg 117/2021, effective May 1, 2021.

 Section 10 (2) (b) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(b) if all of the following apply:

(i) the accident occurs on a highway or off-highway;

(ii) the accident involves a combination of vehicles and the eligible vehicle is part of the combination of vehicles;

(iii) the eligible vehicle is neither an authorized trailer nor a non-motive trailer,

owners, renters named in the owner's certificate, out-of-province lessees, operators or occupants of an authorized trailer or a non-motive trailer in the combination of vehicles;

 Section 10 (2) (c) (iii) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(iii) the eligible vehicle is an authorized trailer or a non-motive trailer,

 Section 10 (2) (d) (iv) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(iv) the eligible vehicle is an authorized trailer or a non-motive trailer,

 Section 10 (2) (f) (iv) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(iv) the eligible vehicle is neither an authorized trailer nor a non-motive trailer;

 Section 13 (1) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) If required by the corporation, and subject to subsection (3), an insured must file with the corporation, within 90 days after sustaining damage to or the loss of the eligible vehicle, a statutory declaration stating, to the best of the insured's knowledge and belief, the place, time, cause and amount of the damage to or loss of the eligible vehicle, the interest of the insured and of all others in the eligible vehicle, the encumbrances on the eligible vehicle, all other insurance, whether valid or not, covering the eligible vehicle, and that the damage or loss did not occur through any wilful act or neglect, procurement, means or connivance of the insured.

 Section 17 (1) and (3) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(1) In this section, "specified percentage" means the percentage determined by dividing $200 000 by the actual cash value of an eligible vehicle.

(3) If the actual cash value of an eligible vehicle exceeds $200 000 and the corporation pays $200 000 to the insured,

(a) the corporation is entitled to the specified percentage of the proceeds of the sale or other disposition of the salvage in the vehicle, and

(b) the insured is entitled to the remainder.

 Section 17 (4) was added by BC Reg 117/2021, effective May 1, 2021.

 Section 18 (1) BEFORE amended by BC Reg 62/2021, effective May 1, 2021.

(1) In this section, "passenger directed vehicle" has the same meaning as in section 1 of the Passenger Transportation Act.

 Section 21 (3) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(3) The corporation may pay indemnification under subsection (1) only to the extent the corporation would have paid indemnification under Part 11 of the Act to the insured.

 Section 24 (3) (a) BEFORE amended by BC Reg 117/2021, effective May 1, 2021.

(a) must not be greater than the amount to which the insured would be entitled, and

 Section 28 (c) was added by BC Reg 117/2021, effective May 1, 2021.