Order in Council 2201/1982

BRITISH COLUMBIA 2201 APPROVED AND ORDERED EC. -2.19132 10h4.4.--cg Lieutenant-Governor EXECUTIVE COUNCIL CHAMBERS, VICTORIA M. -7.92 On the recommendation of the undersigned, the Lieutenant-Governor, by and with the advice and consent of the Executive Council, orders that Regulation No. 1, pursuant to the Insurance (Motor Vehicle) Act, be amended as set out in the attached Schedule and that the amendments come into force on January 1, 1983. Minister' Consumer and Corporate Affairs (This part is /or administrative purposes and is not part of the Order.) Alitiority under which Order is made: Insurance (Motor Vehicle) Act, ss. 33, 34 & 46 Act and section 1517 3 3) Other (specify) • w Claire Reilly lietatory authority cheekrd by ............ (Signattuy tad typed or Waled mole or Lust kovember 24, 1982 ,9143 /82/jip SCHEDULE e""", REGULATION 32 1. Section 1.02 is amended (a) by repealing paragraph (12) and substituting the following: (12) "artisan" means a tradesman who uses a motor vehicle for carrying to or from a work location tools, equipment or materials of the owner or user of the vehicle, but does not include a person who uses a motor vehicle for the comnercial delivery of anything; , (b) by repealing paragraph (26) and substituting the following: (26) "collision" means upset or collision with another object including, but not limited to, (i) the surface of the ground, the roadway being travelled on or an object on, in, under, over or adjacent to the roadway, including a road sign, guard rail, pier, bridge or culvert or any body of water or waterway under or adjacent to the pier, bridge, culvert or roadway, (ii) a pedestrian as defined in Part 3 of the Motor Vehicle Act, (iii) a vehicle attached to the motor vehicle, and (iv) cargo, including animals, carried in or on the motor vehicle or an attached vehicle, and includes loss or damage caused by collision with another object where the collision results from the presence on or adjacent to the roadway of a domestic or wild animal, either living or dead, but there is no impact with the animal; , (c) in paragraph (29) by striking out "animals;" and substituting "a domestic or wild animal, either living or dead;", (d) in paragraph (39) by striking out "includes" and substituting "means", (e) in paragraph (63) by striking out "sections 7.10 or 7.11" and substituting "section 7.10", (f) in paragraph (75) (a) by striking out "provided that when driving or operating a motor vehicle, the owner shall be the holder of a valid and subsisting driver's licence and a valid and subsisting driver's certificate,", (g) in paragraph (75) (b) by striking out "who is the holder of a valid and subsisting driver's licence and a valid and subsisting driver's certificate", (h) by repealing paragraph (95), and (i) by repealing paragraph (115) and substituting the following: (115) "rehabilitation" means the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self sufficiency that, allowing for the permanent effects of his injuries, is, with medical and vocational assistance, reasonably achievable by him; . 2 2. Section 2.22 is amended (a) in subsection (a) by adding the following after paragraph (xviii): .""". (xix) propane or compressed natural gas fuel conversion equipment, (xx) decals, (xxi) pinstriping, and (xxii) mouldings. , (b) in subsection (b) by striking out "items (ix) to (xiii) inclusive, (xv) and (xvi)," and substituting "an item described in subsection (a) (ix) to (xiii), (xv), (xvi) or (xix) to (xxii)", (c) in subsection (c) by striking out "subclause (vi)" and substituting "subsection (a) (vi)", and (d) by adding the following after subsection (g): (h) Notwithstanding any other provision of this section, indemnity for damage or loss of equipment of a motor vehicle, the annual premium for which is determined by a vehicle rate group, shall include indemnity for each item of manufacturer's equipment that is attached to the motor vehicle when the loss or damage occurs. • (i) In subsection (h), "manufacturer's equipment" means equipment of a motor vehicle that (a) at the time the vehicle is manufactured is available from the manufacturer as standard or optional equipment for that vehicle, and (b) is attached to the vehicle by the manufacturer, the manufacturer's dealer or an owner of the vehicle. 3. Section 2.29 is amended by adding the following after subsection (c): (d) Where an extraprovincial undertaking obtains duplicate third party legal liability coverage, accident benefits coverage or other extension insurance coverage, except own damage coverage, by insuring a vehicle under a valid and subsisting owner's certificate and under a policy of automobile insurance issued by an insurer authorized for that purpose by the Insurance Act or by a similar law of another jurisdiction, the other insurance is primary insurance and the owner's certificate shall continue to afford insurance (i) in respect of third party legal liability coverage, to the extent only that the limits of liability of the owner's certificate are greater than the limits of liability afforded by the other policy of insurance, (ii) in respect of accident benefits coverage, to the extent only that the benefits payable under the owner's certificate are greater than the no fault benefits payable under the other policy of insurance, and (iii) in respect of own damage coverage, as provided in section 9.27, but the insurance afforded by the owner's certificate in respect of any other extension insurance coverage, except own damage, is void. (e) The corporation shall, on request of the insured, refund to the insured the premium paid for any insurance that is void under subsection • . (d). 3 4. Section 2.41 is repealed. 5. Section 4.04 is amended by repealing subsection (b) and substituting the following: (b) In subsections (b.l) and (b.2) "attached machinery, apparatus or equipment" does not include a camper, canopy or two-way radib. (b.l) An applicant for or holder of an owner's certificate for a vehicle not described by a vehicle rate group set out in Part III of Schedule (A) who applies for and obtains new or renewed own damage extension insurance for the vehicle and its attached machinery, apparatus or equipment shall, for the purpose of determining the annual premium payable for the extension insurance, declare the value of the vehicle and of its attached machinery, apparatus or equipment. (b.2) Where a declared value submitted under subsection (b.l) is less than 90% of the actual cash value of the vehicle together with its attached machinery, apparatus or equipment, the insured is a co-insurer with the corporation for any loss or damage to the vehicle and its attached machinery, apparatus or equipment. (b.3) Where the insured is a co-insurer under subsection (b.2), the amount of the co-insured portion of the loss or damage for which indemnity is afforded by the corporation shall be determined by the following formula: dv ( x loss) - deductible = claim acv where "dv" means the declared value of the vehicle, "acv" means the actual cash value of the vehicle, "loss" means (i) where the vehicle is repairable, the cost of repairing the loss or damage to the vehicle, or (ii) where the vehicle is not repairable, the actual cash value of the vehicle less the total proceeds of the disposal or sale of the salvage; "deductible" means the own damage deductible amount applicable to the type of coverage afforded for the loss or damage; "claim" means the amount payable by the corporation to the insured for the corporation's portion of the total value of the loss or damage to the vehicle. 6. Section 4.06 (a) is amended by striking out "for excess own damage extension insurance coverage." and substituting "for excess own damage extension insurance coverage under a Special Own Damage Insurance Policy." 7. Section 4.11 is amended (a) by adding the following after subsection (f): (f.1) For the purpose of subsection (f), 4 (i) the law of the place where the insured suffered the bodily injury for which the claim is made shall, whether or not death results from that injury, be applied (1) to determine whether the insured is legally entitled to recover damages, and (2) in any arbitration proceedings arising out of a difference between the insured and the corporation as to whether the insured is so entitled, and (ii) the law of the Province respecting the determination of the amount of damages payable in the Province for a claim for bodily injury or death, similar to the claim by the insured, shall be applied (1) to determine the amount of damages payable to the insured, and (2) in any arbitration proceedings arising out of a difference between the corporation and the insured respecting the amount of damages. (f.2) Subsection (f.1) applies in respect of accidents that occur on or after January 1, 1983. , and (b) subsection (n) is amended in the definition of "insured" by adding after paragraph (iv) "and includes, for the purpose of payment of indemnity under this section, the personal representative of a person described in paragraphs (i) to (iv); . 8. The following section is added: 4.12 (a) An applicant for or holder of an owner's certificate for a vehicle in rate class 001, 002, 005, 007, 011, 012, 013 or 050 may, on payment of the applicable premium set out in Schedule (A), obtain extension insurance that provides as part of the Plan loss of use coverage in accordance with the terms and conditions set out in this section.

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