1996 Legislative Session: 1st Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE LOIS BOONE
MINISTER OF TRANSPORTATION AND HIGHWAYS

BILL 9 -- 1996

MOTOR VEHICLE AMENDMENT ACT, 1996

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

1 Sections 3 (1), (2) (a) and (b), (5), (7) and (8), 4, 5, 6 (2) and (3), 7 (1) and (3), 8, 9 (1), 12 (1) (b) and (c), 13 (1) and (2), 14 (1), (2) and (3), 15 (1), (2) and (3), 16 (1), (2), (4) and (5), 17, 19 (1) and (2), 20 (2) and (3), 21 (1) (a) (ii), 23 (1), (5) (c) and (6) (a), 24.1 (1), 24.11 (1), (3) and (4) (a) and (b), 27 (2), (3) (a) and (4), 28, 30 (2) and (3), 31 (2), 31.1 (1), (2), (3) and (4) (a) and (c), 34 (2) (a), (3) and (5), 38 (1) and (2), 39 (4) (a), (5) and (11), 40 (2) (a), (3) and (8), 43 (3) and (4), 45 (4) (e), 45.1, 45.3 (1), (4) and (6), 46 (1) and (2), 47 (2), 52 (1) and (2), 53 (1) and (2), 55 (1) and (1.2), 55.1 (2) (a) and (b), 58 (2) and (3), 61 (1), (4), (5) and (6), 83 (1), (6), (8) and (9), 87.1 (2), 87.2 (3), 87.6 (6) and (8) (a), 89 (1) (a) and (2), 93 (8), (11) and (12) (b) (i), 95 (1), (2), (3), (4) and (5), 95.3 (4), 95.8 (4) (a), 96.2 (4), 96.7 (4) (a), 97 (2) (b), (4), (5) and (6), 101, 102 (1), (2), (3) (c) and (4), 103, 104 (2) and (3), 109, 110 (1) and (2) and 211.1 (1) (p) and (1.3) (c) of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, are amended

(a) by striking out "superintendent" in the first or only place it appears, as the case may be, and substituting "Insurance Corporation of British Columbia", and

(b) by striking out "superintendent" in each second and each subsequent place it appears and substituting "corporation".

2 Section 3 (3) and (4) is repealed and the following substituted:

(3) For the purpose of every section of this Act requiring a person to obtain an insurance certificate or pay an insurance premium,

(a) a government agent, or

(b) a person authorized in writing by the Insurance Corporation of British Columbia

may act as an agent of the Insurance Corporation of British Columbia for the purposes of the Insurance (Motor Vehicle) Act, notwithstanding section 15 of that Act; but a government agent or a person so authorized is not considered to be an insurance agent or insurance salesperson under the Financial Institutions Act and is not required to be licensed under that Act.

(4) For the purpose of every section requiring a person to obtain a licence or permit for a motor vehicle or to drive and operate a motor vehicle, an agent of the Insurance Corporation of British Columbia, appointed under section 15 of the Insurance (Motor Vehicle) Act, is deemed to be a person authorized in writing by the corporation.

3 Section 3 (7) and (8) and 16 (1) and (2) are amended by striking out "him" and substituting "the corporation".

4 Section 6 (1) (b), 95.8 (4) (b) and 96.7 (4) (b) are amended by striking out "superintendent's" and substituting "Insurance Corporation of British Columbia's".

5 Section 7 (3), 8 and 28 are amended by striking out "his" and substituting "the corporation's".

6 Section 9 (3) is amended by striking out "superintendent may, in his discretion" and substituting "Insurance Corporation of British Columbia may, in the corporation's discretion" and by striking out "to the superintendent." and substituting "to the corporation."

7 Section 11 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) Each number plate shall bear the licence number of the motor vehicle or trailer for which it is issued, and shall be of a material and design determined by the Insurance Corporation of British Columbia, and is and remains the property of the corporation.

(2) Instead of issuing new licence number plates, the Insurance Corporation of British Columbia may in any year issue numbered decals to be attached to previously issued number plates, and the decals shall be of a material and design determined by the corporation, and the decals are and remain the property of the corporation. , and

(b) by adding the following subsection:

(5) Number plates and decals issued under this section before the date this subsection comes into force become the property of the Insurance Corporation of British Columbia on the date this subsection comes into force.

8 Section 12 (2) is repealed and the following substituted:

(2) Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized by the superintendent to inspect motor vehicles may seize a number plate which he or she finds detached from a motor vehicle or trailer, or he or she finds displayed on a motor vehicle or trailer other than the one for which it was issued, or that is required by this Act, the regulations or a direction of the Insurance Corporation of British Columbia or the superintendent to be surrendered, and may hold it until the receipt of instructions from the corporation as to its disposal.

9 Section 16 (4) is amended by striking out "may be delivered to him," and substituting "may be delivered to the corporation,".

10 Section 18 is amended by striking out "he" and substituting "the Insurance Corporation of British Columbia", by striking out "superintendent" and substituting "corporation" and by striking out "him" and substituting "the corporation".

11 Section 20 (2.1) is repealed and the following substituted:

(2.1) The Lieutenant Governor in Council may order that the owner of a motor vehicle or trailer who gives proof of financial responsibility to the Insurance Corporation of British Columbia under sections 97 to 104 is, for a period the Lieutenant Governor in Council specifies, and subject to conditions set out in the order, exempt from the requirements to register or license the motor vehicle or trailer under this Act.

12 Section 23 is amended

(a) in subsection (5) (a) by adding ", the Insurance Corporation of British Columbia" after "peace officer", and

(b) in subsection (6) by striking out "or" at the end of paragraph (a) and by adding the following paragraph:

(a.1) the superintendent has required proof of financial responsibility under this Act or the regulations and the owner or driver has not given proof satisfactory to the corporation; or .

13 Section 24 is amended

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

(1) The applicant for a driver's licence and for a driver's certificate shall sign an application in the form required by the Insurance Corporation of British Columbia, complete an evaluation in the form required by the superintendent and deliver the application and the completed evaluation form to

(a) the corporation,

(b) a government agent, or

(c) a person authorized in writing by the corporation for the purposes of this section,

accompanied by the payment of the prescribed fee and insurance premium for the driver's certificate.

(1.1) For the purposes of subsection (1) the Insurance Corporation of British Columbia and its employees are authorized to receive the evaluations and deal with them in accordance with the superintendent's instructions. ,

(b) by repealing subsection (2) and substituting the following:

(2) For the purpose of determining an applicant's fitness and ability to drive or operate any category of motor vehicles, the applicant shall

(a) submit to one or more, as the Insurance Corporation of British Columbia may specify, of the following: a knowledge test; a road test; a road signs and signals test,

(a.1) submit to one or more, as the superintendent may specify, of the following: a vision test; medical examinations; other examinations or tests, other than as set out in paragraph (a),

(a.2) provide the superintendent with other information he or she considers necessary to allow the superintendent to carry out his or her powers, duties and functions,

(b) submit to having his or her picture taken, and

(c) if required by or on behalf of the corporation, identify himself or herself to the corporation's satisfaction. ,

(c) in subsection (3) by striking out "unless the superintendent on cause shown to his satisfaction" and substituting "unless the Insurance Corporation of British Columbia on cause shown to the corporation's satisfaction",

(d) in subsection (4) by striking out "person to whom his application is delivered pursuant to this Act" and substituting "Insurance Corporation of British Columbia",

(e) by repealing subsections (5), (6) and (7) and substituting the following:

(5) On receipt, in the respective forms required under subsection (1), of the application and the evaluation, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premium have been paid, and, subject to subsection (6.09) on being satisfied as to the fitness and ability of the applicant to drive and operate motor vehicles of the relevant category, the corporation shall cause to be issued to the applicant a numbered driver's licence in the form established by the corporation authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a certificate of insurance.

(6) The Lieutenant Governor in Council may make regulations respecting the issuance of a driver's licence to a person who is learning to drive, and prescribing

(a) the circumstances in which the corporation may exercise the corporation's discretion to issue the licence,

(b) the duration of the licence, and

(c) requirements additional to any restriction to which the licence is subject under subsection (7).

(6.09) In issuing any driver's licence or driver's certificate, the corporation, for those aspects of fitness and ability examined, tested or reviewed by the superintendent, must abide by the superintendent's instructions.

(7) For a driver's licence of any class of persons, the superintendent, by regulation with respect to a class of persons, may

(a) restrict the hours of the day and the days of the week during which a class of persons may drive a motor vehicle,

(b) restrict the area in which a class of persons may drive a motor vehicle,

(c) restrict the motor vehicle or class of motor vehicle that a class of persons may drive,

(d) restrict the number of passengers that the person may carry in a motor vehicle driven by the person, and

(e) impose other restrictions on or add any conditions to the driver's licence of a class of persons that the minister considers necessary for the operation of a motor vehicle by a member of that class. ,

(f) by adding the following subsections:

(7.4) Conditions or restrictions prescribed by the superintendent under subsection (7) and requirements prescribed by the Lieutenant Governor in Council under subsection (6) in respect of a driver's licence are applicable to and are conclusively deemed to be part of the driver's licence, whether issued before or after the coming into force of the regulation prescribing the conditions, restrictions or requirements.

(7.5) Notwithstanding the regulations, the superintendent may require a statement in, endorsement on, or attachment to any person's driver's licence

(a) restricting the hours of the day and the days of the week during which the person may drive a motor vehicle,

(b) restricting the area in which the person may drive a motor vehicle,

(c) restricting the motor vehicle or class of motor vehicle that the person may drive,

(d) restricting the number of passengers that the person may carry in a motor vehicle driven by the person, and

(e) imposing other restrictions on or adding any conditions to the driver's licence of the person that the superintendent considers necessary for the operation of a motor vehicle by the person.

(7.6) The Insurance Corporation of British Columbia shall ensure that a person's driver's licence reflects any restrictions and conditions imposed in respect of that licence by means of the appropriate statement in, endorsement on or attachment to that licence, in accordance with the requirements of the superintendent.

(7.7) Notwithstanding the regulations, the Insurance Corporation of British Columbia, by statement in, endorsement on, or attachment to any person's driver's licence, may, as a result of a knowledge test, a road test or a road signs and signals test,

(a) restrict the area in which the person may drive a motor vehicle,

(b) restrict the motor vehicle or class of motor vehicle that the person may drive,

(c) restrict the number of passengers that the person may carry in a motor vehicle driven by the person, and

(d) impose other restrictions on the driver's licence of the person that the corporation considers necessary for the operation of a motor vehicle by the person. , and

(g) by repealing subsection (8) and substituting the following:

(8) A person who violates a requirement, restriction or condition prescribed under this section in respect of the person's driver's licence or who violates a restriction or condition stated in, endorsed on or attached to a driver's licence issued to the person under this section commits an offence.

14 Section 24.1 is amended

(a) in subsections (2), (2.1) and (3) by striking out "superintendent may refuse to issue" and substituting "Insurance Corporation of British Columbia or the superintendent may refuse to exercise the authority given under this Act to the corporation or superintendent, as the case may be, to issue", and

(b) in subsection (3) by striking out everything after "until" and substituting "the corporation or superintendent is satisfied that the amount of the indebtedness has been fully paid to the corporation."

15 Section 24.2 is amended

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

(b) by renumbering the section as section 24.2 (1), and

(c) by adding the following subsection:

(2) The superintendent may refuse to issue a permit for a motor vehicle or trailer that is required under section 215 to be presented for inspection and has not been presented for inspection or has not passed inspection.

16 The following section is added:

Inspection of vehicles and
refusal of licence or permit

24.4 (1) The superintendent may direct the Insurance Corporation of British Columbia to refuse to issue one or both of

(a) a licence and corresponding number plates, and

(b) a permit

for a motor vehicle or trailer that is required under section 215 or 216 to be presented for inspection and has not been presented for inspection or has not passed inspection.

(2) The Insurance Corporation of British Columbia may refuse to issue, and, if so directed under subsection (1) by the superintendent, must refuse to issue, one or both of

(a) a licence and corresponding number plates, and

(b) a permit

for a motor vehicle or trailer that is required under section 215 or 216 to be presented for inspection and has not been presented for inspection or has not passed inspection.

17 Section 25 is repealed and the following substituted:

Examination of licensees

25 The superintendent may require a person to whom a driver's licence has been issued to attend at a time and place for one or both of the following purposes:

(a) to submit to one or more of the following tests, to be conducted by the Insurance Corporation of British Columbia: a knowledge test; a road test; a road signs and signals test;

(b) to be otherwise examined as to the person's fitness and ability to drive and operate motor vehicles of the category for which he or she is licensed.

18 Section 26 is amended by striking out "the superintendent shall not refund" and substituting "there shall be no refund of".

19 Section 27 is amended

(a) in subsection (1) by striking out "superintendent in writing" and substituting "Insurance Corporation of British Columbia", and

(b) in subsection (3) (c) by striking out "superintendent's satisfaction" and substituting "Insurance Corporation of British Columbia's satisfaction".

20 Section 34 is amended

(a) in subsection (1) (b) (ii) by striking out "superintendent's" and substituting "Insurance Corporation of British Columbia's",

(b) by repealing subsection (2) (d) and substituting the following:

(d) delivered to

(i) the Insurance Corporation of British Columbia,

(ii) a government agent, or

(iii) a person authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section; , and

(c) in subsection (5) by striking out"he" and substituting "the corporation".

21 Section 39 is amended

(a) by repealing subsection (4) (c) and substituting the following:

(c) delivered to

(i) the Insurance Corporation of British Columbia,

(ii) a government agent, or

(iii) a person authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section; and , and

(b) in subsection (5) by striking out "entitled to act," and substituting "entitled to a transporter's licence,".

22 Section 40 (2) (c) is repealed and the following substituted:

(c) delivered to

(i) the Insurance Corporation of British Columbia,

(ii) a government agent, or

(iii) a person authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section; and .

23 Section 42 (2) is amended by striking out "superintendent" and substituting "Insurance Corporation of British Columbia" and by striking out "he" and substituting "the corporation".

24 Section 45.3 is amended

(a) in subsection (2) by striking out "superintendent" and substituting "Lieutenant Governor in Council",

(b) in subsection (2) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following:

(d) prescribing circumstances in which the Insurance Corporation of British Columbia may certify a motor vehicle under this section even though the motor vehicle does not fully comply with regulations under paragraph (a), (b) or (c) or under section 45.2. , and

(c) by repealing subsection (3).

25 Section 55 is amended

(a) in subsection (2) by striking out "Subject to subsection (2.1)," and substituting "Subject to subsections (2.1) and (2.2)," , and

(b) by repealing subsection (2.1) and substituting the following:

(2.1) The Insurance Corporation of British Columbia may issue to a person a driver's licence with a term of more than one year and less than 5 years where the person has never before been issued a driver's licence under this Act other than a driver's licence issued under section 24 (6).

(2.2) The Insurance Corporation of British Columbia, if directed by the superintendent, must issue to a person a driver's licence with a term of more than one year and less than 5 years, in accordance with the direction, where

(a) the person is or was prohibited from driving a motor vehicle under this Act or the Young Offenders (British Columbia) Act or the Criminal Code or where the person's driver's licence is or was suspended or the person's right to apply for or obtain a driver's licence is or was suspended, or

(b) the superintendent considers it necessary because of the person's medical condition.

26 Section 55.1 (1) is repealed and the following substituted:

(1) With or without refunding the fees for the licence, the Insurance Corporation of British Columbia, at the direction of the superintendent, shall cancel a driver's licence in the circumstances referred to in section 55 (2.2) (a) or (b).

27 Section 59 and 60 are repealed and the following substituted:

Accounting

59 Subject to section 15.1 of the Insurance Corporation Act, all fees collected under this Act shall be paid into the consolidated revenue fund.

Persons authorized to take affidavits

60 (1) For the purposes of carrying out the powers, duties and functions under this Act of the Insurance Corporation of British Columbia, the corporation and every person authorized in writing by the corporation has power to take the affidavits required or authorized to be made under this Act.

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

(3) Every officer or constable of the Royal Canadian Mounted Police and every government agent has power to take the affidavits required or authorized to be made under this Act.

28 Section 75 is repealed and the following substituted:

Certificate as evidence

75 (1) A document that is certified by an officer of the Insurance Corporation of British Columbia or by the superintendent as a true copy of or extract from a record kept by the corporation or the superintendent, as the case may be, is, without proof of the signature or official position of the person certifying,

(a) evidence of the record and of the facts stated in the document, and

(b) conclusive proof that the corporation or the superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's or the superintendent's responsibility under this section.

(2) A certificate of an officer of the Insurance Corporation of British Columbia or of the superintendent that contains a statement based on the records kept by the corporation or the superintendent, as the case may be, is, without proof of the signature or official position of the person certifying, evidence of the facts stated in the certificate.

(3) A document or certificate referred to in subsection (1) or (2) bearing a facsimile signature purporting to be the signature of an officer of the Insurance Corporation of British Columbia or of the superintendent, as the case may be, shall be received in all courts for the purposes of those subsections without proof that the person applying the facsimile signature did so with lawful authority.

(4) A photograph or microfilm of a document kept by the Insurance Corporation of British Columbia or the superintendent shall be deemed to be the original of the document.

(5) A document kept under subsection (6) by the Insurance Corporation of British Columbia or, notwithstanding the Document Disposal Act, under subsection (7) by the superintendent may be recorded and the document destroyed, and a record of the document certified to be a true copy in accordance with this section is evidence in all cases and for all purposes for which the document would have been admissible in evidence.

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

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

29 Section 83 (3) and (7) is repealed and the following substituted:

(3) If a suspension occurs under subsection (1) due to a person being indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim, the suspension remains in force until the amount of the indebtedness has been fully paid to the corporation.

(7) If the Insurance Corporation of British Columbia considers that any permit, consent or certificate that the corporation has the power under this Act to issue should be cancelled or suspended, the corporation, without a hearing, may

(a) suspend, for a period that the corporation considers proper, or

(b) cancel

the permit, consent or certificate.

(7.1) If the superintendent considers that any permit, consent or certificate that the superintendent has the power under this Act to issue should be cancelled or suspended, the superintendent, without a hearing, may

(a) suspend, for a period that the superintendent considers proper, or

(b) cancel

the permit, consent or certificate.

(7.2) In accordance with a direction of the superintendent, given pursuant to a regulation under section 211.3 (4) (j), to the Insurance Corporation of British Columbia, the corporation, without a hearing, shall

(a) suspend, for a period that the superintendent considers proper and specifies in the direction, or

(b) cancel

the permit, consent or certificate.

30 Section 85 is amended by striking out everything after paragraph (b) and substituting "then, with or without a hearing and notwithstanding that the person is or may be subject to another prohibition from driving, the superintendent may

(c) prohibit the person from driving a motor vehicle, or

(d) direct the Insurance Corporation of British Columbia to

(i) cancel the person's driver's licence and to issue a different class of driver's licence to the person, or

(ii) cancel the person's driver's licence without issuing a different class of driver's licence to the person."

31 The following sections are added:

Access to driving records

86.1 Despite the Freedom of Information and Protection of Privacy Act, or any other enactment, the superintendent, for the purpose of carrying out his or her powers, duties and functions under this Act or another enactment, has access to every driver's record kept by the Insurance Corporation of British Columbia.

Notification by superintendent
of prohibition action

86.2 (1) The superintendent must notify the Insurance Corporation of British Columbia of

(a) the imposition, cancellation, reimposition or stay of any prohibition under section 84, 85, 86, 87.1, 87.6 or 214,

(b) the imposition, cancellation, reimposition or stay of any suspension under section 83.1, and

(c) the disposition of any appeal of an imposition, cancellation, reimposition or stay referred to in paragraph (a) or (b).

(2) On receipt of notification under subsection (1), the Insurance Corporation of British Columbia shall record, on the driver's record of the person affected, the imposition, cancellation, reimposition or stay of the prohibition or suspension.

32 Section 87.4 (1) (c) is amended by striking out "surrendering to the superintendent" and substituting "surrendering to the Insurance Corporation of British Columbia".

33 Section 87.6 is amended

(a) by repealing subsection (2) (d) and substituting the following:

(d) direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and ,

(b) in subsection (5) (b) by adding "direct the Insurance Corporation of British Columbia to" after "section 87.1,", and

(c) in subsection (8) (b) by striking out "superintendent's" and substituting "Insurance Corporation of British Columbia's".

34 Section 88 (3) is amended

(a) in paragraph (a) by striking out "records of the superintendent" and substituting "records of the Insurance Corporation of British Columbia",

(b) in paragraph (b) (i) (C) by striking out "superintendent" in the first place it appears and substituting "Insurance Corporation of British Columbia or the superintendent", and

(c) in paragraph (b) (ii) by striking out "records of the superintendent," and substituting "records of the Insurance Corporation of British Columbia,".

35 Section 89 (1) (b) is repealed and the following substituted:

(b) where notified by personal service by a peace officer, sheriff or person authorized by the superintendent, surrender the person's driver's licence, or any document issued in another jurisdiction that allows the person to drive a motor vehicle, to the serving peace officer, sheriff or person for forwarding to the Insurance Corporation of British Columbia.

36 The following section is added:

Driver's licence forwarded to the Insurance
Corporation of British Columbia

89.2 (1) If a person surrenders his or her driver's licence to the superintendent or a person authorized by the superintendent, the superintendent is to forward that driver's licence to the Insurance Corporation of British Columbia.

(2) A person who surrenders his or her driver's licence to the superintendent is deemed to have delivered the licence at the time of the surrender to the Insurance Corporation of British Columbia.

(3) The Insurance Corporation of British Columbia is to notify the superintendent if any person surrenders his or her driver's licence to the corporation.

(4) If a person makes a statutory declaration to the superintendent or a person authorized by the superintendent that the person's driver's licence has been stolen, lost or destroyed, the superintendent is to forward the statutory declaration to the Insurance Corporation of British Columbia.

(5) On receipt of a driver's licence forwarded under section 87.3 to the superintendent by a peace officer, the superintendent must forward the driver's licence to the Insurance Corporation of British Columbia.

37 Section 90 (5) and (7) and 93 (7) (b), (12) (b) (ii) and (13) are amended by adding "Insurance Corporation of British Columbia and the" before "superintendent".

38 Section 95 (5) (d) is amended by striking out "superintendent's possession" and substituting "corporation's possession".

39 Section 95.1 (6) is amended by striking out "superintendent issues a driver's licence" and substituting "Insurance Corporation of British Columbia issues a driver's licence".

40 Section 95.2 is repealed and the following substituted:

Liability for impoundment

95.2 (1) The Insurance Corporation of British Columbia, for the purposes of vehicle impoundments under section 95.1, must place a notice on the driving record of the following persons indicating that, if the person drives or operates a motor vehicle on a highway, the motor vehicle is liable to be impounded under that section:

(a) subject to subsection (2), a person who held a driver's licence issued under this Act but that licence has expired and the corporation has refused to issue a new driver's licence to the person under section 24.1 (1) (a) (i), (b) or (b.1) (i) or (iii);

(b) a person whose driver's licence has been cancelled under

(i) section 24.11 (3) for failure to pay a fine referred to in section 24.1 (1) (b.1) (i) or (iii),

(ii) section 55.1 (1) in the circumstances referred to in section 55 (2.2) (a), or

(iii) section 55.1 (1) in the circumstances referred to in section 55 (2.2) (b)

and the person has not been issued a new driver's licence under this Act;

(c) a person who has been convicted of an offence under section 23 (1) since the expiry or cancellation of the most recent driver's licence issued to the person under this Act;

(d) a person who has been convicted of an offence under section 23 (1) and who has never held a driver's licence under this Act.

(2) The Insurance Corporation of British Columbia may place a notice on the driving record of a person referred to in subsection (1) (a) only if

(a) the insurance premiums referred to in section 24.1 (1) (a) (i) required to be paid by the person, or

(b) the person's indebtedness referred to in section 24.1 (1) (b) and (b.1) (i) and (iii)

exceeds an amount prescribed by the Lieutenant Governor in Council.

(3) A notice may be placed on the driving record of a person referred to in subsection (1) (b) (ii) who was prohibited from driving but only after the person's last outstanding driving prohibition has expired.

(4) The Insurance Corporation of British Columbia must remove a notice placed on the driving record of a person under subsection (1) when the corporation issues a driver's licence to the person under this Act.

(5) Despite subsection (1), a notice under that subsection may be placed on the driving record of

(a) a person referred to in subsection (1) (a), only if the refusal to issue the driver's licence occurs after this subsection comes into force,

(b) a person referred to in subsection (1) (b), only if

(i) the person's driver's licence was cancelled under this Act before this subsection comes into force and the person has not been issued a new driver's licence under this Act on the day this subsection comes into force, or

(ii) the person's driver's licence is cancelled under this Act after this subsection comes into force, and

(c) a person referred to in subsection (1) (c) or (d), only if the person is convicted of an offence under section 23 (1) after this subsection comes into force.

41 Section 95.4 (2) is amended by striking out "records maintained by the superintendent." and substituting "records maintained by the Insurance Corporation of British Columbia."

42 Section 95.5 (7) is repealed and the following substituted:

(7) If the superintendent approves the disposal of a motor vehicle under subsection (6), the superintendent must

(a) direct the Insurance Corporation of British Columbia to cancel any vehicle licence issued under this Act with respect to the motor vehicle,

(b) direct the Insurance Corporation of British Columbia to transfer the registration of the motor vehicle to the person who has custody of the motor vehicle under the impoundment,

(c) direct the Insurance Corporation of British Columbia to forward any refund from the cancellation of the vehicle licence to the previous registered owner of the motor vehicle, and

(d) forward to the Insurance Corporation of British Columbia any number plates that have been surrendered to the superintendent under subsection (6).

43 Section 96.3 (2) is amended by striking out "superintendent receive" and substituting "superintendent receives" and by striking out "records maintained by the superintendent." and substituting "records maintained by the Insurance Corporation of British Columbia."

44 Section 96.4 (7) is repealed and the following substituted:

(7) If the superintendent approves the disposal of a motor vehicle under subsection (6), the superintendent must

(a) direct the Insurance Corporation of British Columbia to cancel any vehicle licence issued under this Act with respect to the motor vehicle,

(b) direct the Insurance Corporation of British Columbia to transfer the registration of the motor vehicle to the person who has custody of the motor vehicle under the impoundment,

(c) direct the Insurance Corporation of British Columbia to forward any refund from the cancellation of the vehicle licence to the previous registered owner of the motor vehicle, and

(d) forward to the Insurance Corporation of British Columbia any number plates that have been surrendered to the superintendent under subsection (6).

45 Section 104 (1) is amended by striking out "superintendent" and substituting "corporation".

46 Section 110 (2) is amended by striking out "he" and substituting "the corporation".

47 Section 113 is repealed and the following substituted:

Staff

113 (1) A Superintendent of Motor Vehicles, a Deputy Superintendent of Motor Vehicles and other officers, clerks and employees necessary to carry out the powers, duties and functions of the Superintendent of Motor Vehicles under this or any other Act shall be appointed in accordance with the Public Service Act.

(2) Officers and employees necessary to carry out the powers, duties and functions of the Insurance Corporation of British Columbia shall be appointed in accordance with section 4 of the Insurance Corporation Act.

48 Section 211.2 is repealed and the following substituted:

Power to establish forms

211.2 The superintendent and the Insurance Corporation of British Columbia may establish forms, including forms in electronic format, to be used for the purposes of carrying out their respective powers, duties and functions under this Act or the regulations.

49 Section 211.3 (4) (j) is repealed and the following substituted:

(j) authorizing and empowering the superintendent, on the basis of information or profiles referred to in this section,

(i) to cancel any licence, safety certificate, authorization or permit issued by the superintendent under this Act whenever the superintendent considers it desirable in the interests of road safety,

(ii) to restrict or prohibit the use of motor vehicles whenever the superintendent considers it desirable in the interests of road safety, and

(iii) to direct the Insurance Corporation of British Columbia to cancel any licence or permit issued by the corporation under this Act whenever the superintendent considers it desirable in the interests of road safety.

 
Consequential Amendments

 
Commercial Transport Act

50 Section 2 (2) of the Commercial Transport Act, R.S.B.C. 1979, c. 55, is repealed and the following substituted:

(2) The minister is to supervise the Insurance Corporation of British Columbia or the superintendent, as the case may be, in registering and licensing commercial vehicles, in carrying out other functions under this Act and in accounting for the revenue from registering and licensing commercial vehicles.

51 Section 5 (1.1), (2), (3), (4), (8) and (9), 13 (6) and (7) and 16 are amended

(a) by striking out "superintendent" in the first or only place it appears, as the case may be, and substituting "Insurance Corporation of British Columbia", and

(b) by striking out "superintendent" in each second and each subsequent place it appears and substituting "corporation".

52 Section 5 (4) and (8) is amended by striking out "him" and substituting "the corporation".

53 Section 13 (5) is amended by striking out "superintendent or any person authorized by him" and substituting "Insurance Corporation of British Columbia or any person authorized by the corporation".

 
Election Act

54 Section 40 (1) and (2) of the Election Act, S.B.C. 1995, c. 51, is amended by striking out "Superintendent of Motor Vehicles" and substituting "Insurance Corporation of British Columbia" and by striking out "Superintendent" wherever it appears and substituting "corporation".

 
Highway Scenic Improvement Act

55 Section 7 (3) (a) of the Highway Scenic Improvement Act, R.S.B.C. 1979, c. 169, is amended by striking out "superintendent of motor vehicles," in the first place it appears and substituting "Insurance Corporation of British Columbia," and by striking out "superintendent of motor vehicles," in the second place it appears and substituting "corporation,".

56 Section 7 (4) is amended by striking out "Superintendent of Motor Vehicles" and substituting "Insurance Corporation of British Columbia" .

 
Insurance Corporation Act

57 Section 1 of the Insurance Corporation Act, R.S.B.C. 1979, c. 201, is amended by adding the following definition:

"vehicle" means a vehicle as defined in the Motor Vehicle Act.

58 The following section is added:

Transferred employees' pensions and benefits

4.1 (1) Notwithstanding section 4 (4), the Pension (Public Service) Act applies to persons who, immediately before any transfer date that the Lieutenant Governor in Council may fix by order, are employees of the government, within the motor vehicle branch, and who

(a) are designated by order of the Lieutenant Governor in Council as persons carrying out functions under this Act that on and after the transfer date are to be carried out by the corporation,

(b) elect to become employees of the corporation, and

(c) on the relevant transfer date fixed under this section, begin employment as employees of the corporation.

(2) The Pension (Public Service) Act applies to the corporation in its capacity as the employer of the persons to whom that Act is applicable under this section.

(3) The corporation must pay to the Minister of Finance and Corporate Relations under the Pension (Public Service) Act the employer's contributions in amounts equivalent to the amounts required under that Act.

(4) Until, but not after, the end of the day on a date to be fixed by order of the Minister of Transportation and Highways, the Public Service Benefit Plan Act applies to the employees of the corporation to whom the Pension (Public Service) Act is applicable under this section.

(5) The discretion under this section to fix a transfer date or to make a designation referred to in subsection (1) (a) may be exercised from time to time as the occasion requires.

59 Section 6 is amended by striking out "and" at the end of paragraph (e) and by adding the following:

(g) carry out any powers, duties and functions in relation to the Motor Vehicle Act or the Commercial Transport Act, or to any program of the government or of an agency of the government, that may be authorized under the Motor Vehicle Act, the Commercial Transport Act or another enactment respecting motor vehicles or vehicles, or that may be assumed by the corporation by agreement with the government or an agency of the government;

(h) receive, hold, manage and collect, for and on behalf of the government,

(i) revenue from fines in connection with violation tickets under the Offence Act, for contravention of enactments referred to in the regulations under that Act, including revenue from fines imposed by the Provincial Court for contraventions for which violation tickets have been issued, and

(ii) revenue from licence, permit and other fees under the Motor Vehicle Act, the Commercial Transport Act or another enactment respecting motor vehicles or vehicles; and

(i) promote and improve highway safety.

60 Section 12 is amended by adding the following subsection:

(3.1) Subsection (3) does not apply to the revenue referred to in section 6 (h) that is received by the corporation.

61 The following section is added:

Corporation's costs for services
under other enactments

15.1 (1) Notwithstanding the Financial Administration Act, the corporation may retain, out of the revenue referred to in section 6 (h) of this Act that is received by the corporation, the corporation's permitted costs of its services in

(a) receiving, holding, managing, collecting and accounting for the revenue, and

(b) carrying out its powers, duties and functions referred to in section 6 (g) of this Act.

(2) For the purposes of subsection (1), the Treasury Board shall prescribe the corporation's permitted costs of its services.

 
Insurance (Motor Vehicle) Act

62 The Insurance (Motor Vehicle) Act, R.S.B.C. 1979, c. 204, is amended in section 1 (1) in paragraph (c) of the definition of "registration and licence", and in section 14.1 (3) by striking out "superintendent" and substituting "corporation".

63 Section 15 (3) is repealed and the following substituted:

(3) Notwithstanding subsection (2), for the purpose of the plan, the corporation may appoint as an agent

(a) a government agent,

(b) a person authorized in writing by the corporation, or

(c) the superintendent.

(3.1) The provisions of the Financial Institutions Act regarding insurance agents and those regarding insurance salespersons do not apply to persons appointed under subsection (3) of this section.

64 Section 19 is amended

(a) in subsection (3) by striking out "superintendent and at any other address that the corporation may have for them." and substituting "corporation.",

(b) in subsection (12) by striking out everything after "according to the records of" and substituting "the corporation." ,

(c) by repealing subsections (13) and (14) and substituting the following:

(13) The corporation may agree to accept payment in installments from a person indebted to it under this section.

(14) If installments to be paid by a person under an agreement referred to in subsection (13) are in arrears, the corporation may

(a) suspend the licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person, or

(b) refuse to issue to the person a driver's licence or a licence, permit or corresponding number plates of a motor vehicle or trailer owned by the person. , and

(d) in subsection (15) (a) by striking out "superintendent" and substituting "corporation".

65 Section 20 (10) is amended by striking out "then on the corporation notifying the superintendent that" and substituting "and".

66 Section 37 is amended

(a) in subsection (2) by striking out "prescribed by the corporation in consultation with the superintendent," and substituting "required by the corporation,", and

(b) in subsection (6) by striking out "form prescribed." and substituting "form required by the corporation."

67 Section 38 (1.1) is amended by adding "the corporation or" before "the superintendent".

68 Section 39 (3) is amended by striking out "superintendent" and substituting "corporation" and by striking out "he" and substituting "the corporation".

69 Section 40 (3) is amended by striking out everything after "Motor Vehicle Act," and substituting "until the vehicle licence and corresponding number plates have been returned to the corporation."

70 Section 41 (5) and (6) is amended by striking out "the superintendent," and substituting "the corporation or the superintendent,".

 
Motor Carrier Act

71 Section 3 (d) of the Motor Carrier Act, R.S.B.C. 1979, c. 286, is amended by striking out "Superintendent of Motor Vehicles," and substituting "Insurance Corporation of British Columbia," .

 
Motor Vehicle Amendment Act (No. 2), 1987

72 Section 24.3 of the Motor Vehicle Act as enacted by section 3 of the Motor Vehicle Amendment Act (No. 2), 1987, S.B.C. 1987, c. 61, and section 104.1 (2) (b) of the former Act as amended by section 5 of the latter Act are amended by striking out "superintendent" and substituting "Insurance Corporation of British Columbia".

 
Motor Vehicle Amendment Act, 1992

73 Section 1 (a) and (c) and 6 (b) of the Motor Vehicle Amendment Act, 1992, S.B.C. 1992, c. 65, are repealed.

 
Motor Vehicle Amendment Act, 1995

74 Section 23 (2.1) of the Motor Vehicle Act as enacted by section 1 (b) of the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, and section 24 (6.1) of the former Act as enacted by section 2 (b) of the latter Act are amended by striking out "superintendent" and substituting "Insurance Corporation of British Columbia".

75 Section 83.3 (8) of the Motor Vehicle Act as enacted by section 5 of the Motor Vehicle Amendment Act, 1995, is amended by adding "and the Insurance Corporation of British Columbia" after "superintendent".

76 Section 83.4 (3) of the Motor Vehicle Act as enacted by section 5 of the Motor Vehicle Amendment Act, 1995, is amended

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

(a) show that a notice of suspension was mailed by certified mail to the person at the person's most recent address recorded in the records of the Insurance Corporation of British Columbia and that the superintendent subsequently received a Canada Post certified mail delivery card showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of suspension was sent, ,

(b) in paragraph (b) (ii) by striking out "records of the superintendent," and substituting "records of the Insurance Corporation of British Columbia,", and

(c) in paragraph (c) by striking out "superintendent" in the first place it appears and substituting "Insurance Corporation of British Columbia".

 
Offence Act

77 Section 14 (4) and 14.4 (1) of the Offence Act, R.S.B.C. 1979, c. 305, are amended by striking out "superintendent" and substituting "Insurance Corporation of British Columbia".

78 Section 14.1 (6) is amended

(a) in paragraphs (a) and (b) (i) by striking out "the superintendent" and substituting "an officer of the Insurance Corporation of British Columbia", and

(b) in paragraph (b) (ii) by striking out "superintendent" and substituting "corporation".

79 Section 14.1 (8) (b) is repealed and the following substituted:

(b) order the Insurance Corporation of British Columbia or the superintendent to cancel or cease any administrative action that has been taken or commenced by the corporation or the superintendent, as the case may be, as a consequence of the person's failure to appear at the hearing.

80 The following section is added:

Assistant Deputy Minister's directives

14.5 (1) The Insurance Corporation of British Columbia, in carrying out its responsibilities under this Act, must act in accordance with any directives issued by the Assistant Deputy Attorney General, Criminal Justice Branch.

(2) For the purposes of subsection (1), the Assistant Deputy Attorney General, Criminal Justice Branch, may issue general or specific directives.

 
Sheriff Act

81 Section 6.1 of the Sheriff Act, R.S.B.C. 1979, c. 386, is amended

(a) by adding the following subsection:

(1.1) A sheriff has the right to any information over which the Insurance Corporation of British Columbia has custody or control under the Motor Vehicle Act, if the information is necessary to enable the sheriff to do the things described in subsection (1) (a) or (b). , and

(b) in subsection (2) by adding "or the Insurance Corporation of British Columbia" after "Superintendent of Motor Vehicles".

Commencement

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

 
Explanatory Notes

SECTION 1: [Motor Vehicle Act, amends various sections] transfers numerous functions under the Act, relating to the licensing and regulation of motor vehicles and drivers, from the Superintendent of Motor Vehicles to the Insurance Corporation of British Columbia.

SECTION 2: [Motor Vehicle Act, repeals and replaces section 3 (3) and (4)] removes the requirement of obtaining the superintendent's approval before a person approved by the Insurance Corporation of British Columbia may act as the corporation's agent for certain limited purposes, and makes housekeeping changes.

SECTIONS 3 to 6: [Motor Vehicle Act, amend various provisions] are consequential to the transfer of various functions under the Act from the superintendent to the Insurance Corporation of British Columbia.

SECTION 7: [Motor Vehicle Act, amends section 11] provides that the Insurance Corporation of British Columbia, instead of the superintendent, is to determine the material and design for licence number plates and numbered decals to be attached to licence number plates, and that licence number plates and numbered decals are to be the property of the corporation.

SECTION 8: [Motor Vehicle Act, re-enacts section 12 (2)] adds the Insurance Corporation of British Columbia to the list of authorities in section 12 (2) of the Act who may direct the surrender of number plates, and changes to gender neutral language.

SECTION 9: [Motor Vehicle Act, amends section 16 (4)] is consequential to the transfer of functions from the superintendent to the Insurance Corporation of British Columbia.

SECTION 10: [Motor Vehicle Act, amends section 18] substitutes references to the Insurance Corporation of British Columbia for references to the superintendent and changes to gender neutral language.

SECTION 11: [Motor Vehicle Act, amends section 20 (2.1)] removes the requirement that the Lieutenant Governor in Council receive the recommendation of the superintendent before granting the exemption referred to, on proof of financial responsibility, and provides for the Insurance Corporation of British Columbia instead of the superintendent to receive that proof.

SECTION 12: [Motor Vehicle Act, amends section 23] adds a new paragraph in recognition of the continuing responsibility of the superintendent in determining financial responsibility, and is consequential to adding the reference to the Insurance Corporation of British Columbia in subsection (6) (a).

SECTION 13: [Motor Vehicle Act, amends section 24] transfers from the superintendent to the Insurance Corporation of British Columbia the responsibility for establishing the form of the application for a driver's licence, and for receiving the completed application from a person who applies for a driver's licence.

Further, the section as amended authorizes the Insurance Corporation of British Columbia to impose restrictions on a driver's licence, based on one or more of a knowledge test, a road test and a road signs and signals test, and retains the superintendent's authority to impose all other types of restrictions.

The section as amended preserves the Lieutenant Governor in Council's power to make regulations respecting the issuance of a driver's licence to a person learning to drive.

While transferring the function of issuing a driver's licence to the Insurance Corporation of British Columbia, the section, however, preserves the superintendent's discretion, for a driver's licence of any class of persons, to impose by regulation certain restrictions and conditions applicable to classes of persons.

Section 24 (8) of the Act, as re-enacted by this section of this Bill, provides additionally that it is an offence to violate a requirement, restriction or condition prescribed in respect of the person's driver's licence.

SECTION 14: [Motor Vehicle Act, amends section 24.1] provides authority to the Insurance Corporation of British Columbia, in addition to the superintendent, to refuse to issue to persons licences, corresponding number plates and permits for vehicles and trailers, in the circumstances set out in section 24.1 (2), (2.1), and (3) of the Act.

By the amendment to section 24.1 (1) of the Act made by section 1 of this Bill, the Insurance Corporation of British Columbia is substituted for the superintendent as the authority that may refuse to issue a driver's licence, in the circumstances set out in section 24.1 (1) of the Act.

SECTION 15: [Motor Vehicle Act, amends section 24.2] transfers to the Insurance Corporation of British Columbia the superintendent's power to refuse to issue a licence and corresponding number plates, or a permit, for a motor vehicle or trailer based on inspection or failure to obtain an inspection. However, the superintendent's discretion to refuse a permit for the same reason is retained.

SECTION 16: [Motor Vehicle Act, adds section 24.4] provides discretion to the superintendent to direct the Insurance Corporation of British Columbia to refuse to issue a licence, corresponding number plates or a permit for a motor vehicle or trailer that is required under section 215 or 216 of the Act to be presented for inspection and the motor vehicle or trailer has not been presented for inspection or has not passed inspection.

The new section also requires the Insurance Corporation of British Columbia to act on such a direction of the superintendent but gives the corporation an independent discretion to refuse to issue a licence, corresponding number plates or a permit for a motor vehicle or trailer, for the same reasons, related to inspections required under section 215 or 216 of the Act.

SECTION 17: [Motor Vehicle Act, re-enacts section 25] re-enacts the section regarding the examination of licensees to reflect the changes made by this Bill that authorize the Insurance Corporation of British Columbia to conduct knowledge tests, road tests and road signs and signals test.

SECTIONS 18 and 19: [Motor Vehicle Act, amend sections 26 and 27] are consequential to the transfer to the Insurance Corporation of British Columbia of functions related to driver's licenses.

SECTION 20: [Motor Vehicle Act, amends section 34] in combination with the amendments made by section 1 of this Bill, transfers responsibility for demonstration licences to the Insurance Corporation of British Columbia.

SECTION 21: [Motor Vehicle Act, amends section 39] in combination with the amendments made by section 1 of this Bill, transfers responsibility for transporters' licences to the Insurance Corporation of British Columbia.

SECTION 22: [Motor Vehicle Act, repeals and replaces section 40 (2) (c)] in combination with the amendments made by section 1 of this Bill, transfers responsibility for manufacturer's licences to the Insurance Corporation of British Columbia.

SECTION 23: [Motor Vehicle Act, amends section 42 (2)] transfers responsibility for repairer's licences to the Insurance Corporation of British Columbia.

SECTION 24: [Motor Vehicle Act, amends section 45.3] transfers regulation making authority respecting the "AirCare" program from the superintendent to the Lieutenant Governor in Council and authorizes regulations specifying the circumstances in which certification under the "AirCare" program may be granted in a particular case, although the motor vehicle certified does not fully comply with the relevant regulations.

Under the amendments made by section 1 of this Bill the administrative responsibility for the "AirCare" program is transferred from the superintendent to the Insurance Corporation of British Columbia.

SECTION 25: [Motor Vehicle Act, amends section 55] amends the section that deals with the term and duration of licences in order to take into account that licensing functions are being transferred to the Insurance Corporation of British Columbia.

The amendments provide for a continued role for the superintendent in the form of discretion to direct the corporation, as set out in section 55 (2.2) as amended.

SECTION 26: [Motor Vehicle Act, repeals and replaces section 55.1 (1)] in combination with the amendments made by section 1 of this Bill, gives functions respecting the cancellation of a driver's licence to the Insurance Corporation of British Columbia. Under the amendments cancellation in the circumstances set out in section 55.1 of the Act is to take place "at the direction of the superintendent".

SECTION 27: [Motor Vehicle Act, repeals and replaces sections 59 and 60] subordinates section 59 of the Motor Vehicle Act to section 15.1 of the Insurance Corporation Act, added by this Bill, under which the Insurance Corporation of British Columbia is permitted to retain, out of the fine and licence revenue to be received by the corporation on behalf of the government, the corporation's permitted costs of its services, as prescribed by the Treasury Board.

Section 60 of the Motor Vehicle Act is expanded to allow the corporation and persons authorized by it to take affidavits in carrying out the corporation's functions.

SECTION 28: [Motor Vehicle Act, repeals and replaces section 75] extends section 75 of the Act (that facilitates for evidentiary purposes the use of certificates issued by the superintendent) to certificates given by officers of the Insurance Corporation of British Columbia, relative to records kept by the corporation in performing the functions transferred to it under this Bill.

SECTION 29: [Motor Vehicle Act, repeals and replaces section 83 (3) and (7)] in combination with the amendments made to section 83 of the Act by section 1 of this Bill, provides for the Insurance Corporation of British Columbia to have responsibility for the cancellation of licences and permits, etc., for non-payment of insurance premiums or fees or failure to obtain automobile insurance, and for reinstatement in certain circumstances.

Subsections (7.1) and (7.2) of section 83 of the Act as amended by this Bill provide for the continuation of a limited role for the superintendent, in the suspension or cancellation of permits, consents and certificates that may be issued by the superintendent, and in the discretion to issue directions to the corporation.

SECTION 30: [Motor Vehicle Act, amends section 85] recasts section 85 of the Act, which provides for prohibitions against driving relating to fitness or ability to drive, to provide a power to direct the Insurance Corporation of British Columbia to cancel a driver's licence in substitution for the existing power of direct cancellation by the superintendent.

SECTION 31: [Motor Vehicle Act, adds sections 86.1 and 86.2] provides in the new section 86.1 of the Act for the superintendent to have access, for the purpose of carrying out his or her powers, to a driver's record kept by the Insurance Corporation of British Columbia.

The addition to the Act of section 86.2 provides for the superintendent to notify the Insurance Corporation of British Columbia as to the matters set out.

SECTIONS 32 and 33: [Motor Vehicle Act, amends sections 87.4 and 87.6] is consequential to the transfer of licensing and permitting functions to the Insurance Corporation of British Columbia.

SECTION 34: [Motor Vehicle Act, amends section 88 (3)] substitutes or adds, as appropriate, references to records of the Insurance Corporation of British Columbia, consequentially to the transfer under this Bill of functions from the superintendent to the Insurance Corporation of British Columbia.

SECTION 35: [Motor Vehicle Act, repeals and replaces section 89 (1) (b)] provides for gender neutral language and adds "for forwarding to the Insurance Corporation of British Columbia" at the end.

SECTION 36: [Motor Vehicle Act, adds section 89.2] provides for the forwarding of a surrendered driver's licences to the Insurance Corporation of British Columbia.

SECTION 37: [Motor Vehicle Act, amends sections 90 (5) and (7) and 93 (7) (b), (12) (b) (ii) and (13)] adds references to the Insurance Corporation of British Columbia in various provisions of the Act, consequentially to the transfer of functions to the Insurance Corporation of British Columbia.

SECTION 38: [Motor Vehicle Act, amends section 95 (5) (d)] is consequential to the transfer of functions to the corporation.

SECTION 39: [Motor Vehicle Act, amends section 95.1 (6)] is consequential to the transfer of functions to the Insurance Corporation of British Columbia.

SECTION 40: [Motor Vehicle Act, repeals and replaces section 95.2] transfers the superintendent's functions to the Insurance Corporation of British Columbia, relative to the placing of notices, pertaining to vehicle impoundments, on the driver's records of certain persons.

SECTION 41: [Motor Vehicle Act, amends section 95.4 (2)] is consequential to the transfer of functions to the Insurance Corporation of British Columbia.

SECTION 42: [Motor Vehicle Act, repeals and replaces section 95.5 (7)] retains the requirement for the superintendent's approval to the disposal in certain circumstances of impounded motor vehicles. However, the provision is recast to provide for the superintendent to give directions to, and otherwise involve, the Insurance Corporation of British Columbia.

SECTION 43: [Motor Vehicle Act, amends section 96.3 (2)] substitutes references to the Insurance Corporation of British Columbia for references to the superintendent, consequentially to the transfer of functions to the corporation.

SECTION 44: [Motor Vehicle Act, repeals and replaces section 96.4 (7)] retains the requirement for the superintendent's approval to the disposal in certain circumstances of impounded motor vehicles. However, the provision is recast to provide for the superintendent to give directions to, and otherwise involve, the Insurance Corporation of British Columbia.

SECTION 45: [Motor Vehicle Act, amends section 104 (1)] is consequential to the transfer of functions from the superintendent to the Insurance Corporation of British Columbia, for the purposes of the provision of the Act pertaining to persons insured under "garage and sales agency" insurance policies.

SECTION 46: [Motor Vehicle Act, amends section 110 (2)] is consequential to the transfer of record keeping functions to the Insurance Corporation of British Columbia.

SECTION 47: [Motor Vehicle Act, repeals and replaces section 113] adds the statement that officers and employees of the Insurance Corporation of British Columbia are to be appointed under the Insurance Corporation Act.

SECTION 48: [Motor Vehicle Act, repeals and replaces section 211.2] adds the discretion for the Insurance Corporation of British Columbia to establish forms and now refers additionally to forms in electronic format.

SECTION 49: [Motor Vehicle Act, repeals and replaces section 211.3 (4) (j)] retains the superintendent's cancellation, restriction and prohibition powers, but enables the Lieutenant Governor in Council to make regulations authorizing the superintendent to give directions for cancellation of licences or permits, if cancellation is desirable in the interests of road safety.

SECTIONS 50 to 56: [Commercial Transport Act, Election Act and Highway Scenic Improvement Act, amend various provisions] make amendments that are consequential to the amendments to the Motor Vehicle Act made by this Bill.

SECTION 57: [Insurance Corporation Act, amends section 1] is consequential to the amendments made by this Bill to section 6 of the Insurance Corporation Act.

SECTION 58: [Insurance Corporation Act, adds section 4.1] provides for pensions and benefits for persons who, immediately before any "transfer date" to be fixed by the Lieutenant Governor in Council, are Motor Vehicle Branch employees and who elect to become employees of the Insurance Corporation of British Columbia.

SECTION 59: [Insurance Corporation Act, amends section 6] broadens the objects, power and capacity of the Insurance Corporation of British Columbia to enable it to carry out powers, duties and functions given to the corporation under this Bill, to receive and manage on behalf of the government certain fine and licence revenue and to promote and improve highway safety.

SECTION 60: [Insurance Corporation Act, amends section 12] clarifies that section 12 (3) of the Act, that restricts government use of the Insurance Corporation of British Columbia's funds, does not apply to the fine and licence revenue to be received by the corporation on behalf of the government. That revenue retains its character as public revenue, payable into the government's consolidated revenue fund.

SECTION 61: [Insurance Corporation Act, enacts section 15.1] permits the Insurance Corporation of British Columbia to retain, out of the fine and licence revenue to be received by the corporation on behalf of the government, the corporation's permitted costs of its services, as prescribed by regulation of the Treasury Board.

SECTIONS 62 to 81: [Insurance (Motor Vehicle) Act, Motor Carrier Act, Motor Vehicle Amendment Act, (No. 2), 1987, Motor Vehicle Amendment Act, 1992, Motor Vehicle Amendment Act, 1995, Offence Act and Sheriff Act] are consequential amendments to other Acts.


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