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 10 -- 1996

MOTOR VEHICLE AMENDMENT ACT (No. 2), 1996

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

1 The Motor Vehicle Act, R.S.B.C. 1979, c. 288, is amended by adding the following section:

Irreparable and salvage vehicles

16.1 (1) In this section:

"irreparable vehicle" means a motor vehicle that,

(a) as a result of being written off by an insurer, has its title transferred to the insurer, who in turn transfers the title to a person under an agreement that states that the person may use or resell it only for parts or scrap, or

(b) has its title transferred to a person who is in the business of wrecking used motor vehicles and who intends to use the motor vehicle for parts or scrap;

"salvage vehicle" means a motor vehicle that is not an irreparable vehicle and that

(a) while unsafe to drive has its title transferred, or

(b) has been written off by an insurer, whether or not its title has been transferred to the insurer.

(2) In this section a motor vehicle is "written off" if, following an insurance claim, the motor vehicle's insurer has decided to pay the insured for the motor vehicle rather than replace or repair it or pay for its repair.

(3) If on the transfer of a motor vehicle its status changes to that of an irreparable or salvage vehicle,

(a) the transferor and transferee must sign a notice of transfer and change in status of the motor vehicle in the form required by the superintendent, and

(b) within 10 days after the transfer, the transferee must deliver the notice to the superintendent with the prescribed fee for its filing.

(4) If the status of a motor vehicle changes to that of a salvage vehicle because the vehicle has been written off by an insurer who does not take title to the vehicle, the insurer of the motor vehicle must

(a) sign a notice of change in status of the vehicle in the form required by the superintendent, and

(b) within 10 days after the writing off, deliver the notice to the superintendent with the prescribed fee for its filing.

(5) Section 16 (3) to (5) applies to the notices required by this section.

(6) Any person who contravenes any of the requirements under subsection (3) or (4) or a provision made applicable by subsection (5) commits an offence and is liable on conviction to a fine of up to $2 000, to imprisonment for not more than 6 months or to both.

2 Section 24 is amended

(a) by adding the following subsection:

(1.2) For the purposes of making an application for a driver's licence under subsection (1), the superintendent may require the applicant for a driver's licence and for a driver's certificate to provide information and a signature in person, and in that event

(a) the superintendent shall enter the information electronically into a database for storage,

(b) the superintendent shall reproduce the information that has been stored in the database in a record that is in paper format and shall give that paper record to the applicant to verify the accuracy of the entered information,

(c) if the applicant is satisfied that the information in the record is accurate, the applicant shall

(i) sign the paper record, and

(ii) supply a signature by a means required by the superintendent that allows the superintendent to store the signature electronically in a database,

(d) a signature provided under paragraph (c) is evidence that the applicant who provided the signature also provided the information that is stored under paragraph (a), and

(e) a signature stored under this section may be used only

(i) as evidence under paragraph (d),

(ii) for the purpose of applying it to the driver's licence of the applicant, and

(iii) to compare signatures under section 88 (3). , and

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

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

3 The following section is added:

Refusal to issue licence and plates for irreparable and salvage vehicles

24.5 The superintendent must refuse to issue a licence and corresponding number plates for a vehicle if the superintendent is satisfied that

(a) notification for the vehicle has been received under section 16.1 and the vehicle is either an irreparable vehicle or a salvage vehicle, or

(b) the vehicle is registered in another jurisdiction with a condition that the vehicle may not be licensed under any circumstances.

4 The following section is added:

Electronic records

75.1 (1) A record or an extract of a record, that

(a) is kept in electronic format by the superintendent,

(b) is necessary for law enforcement or prosecution purposes respecting an offence

(i) by an owner of a motor vehicle under section 76.1 (2), or

(ii) by another person under a provision referred to in section 76.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section,

(c) is reproduced in paper format, and

(d) contains a statement that it is an authentic reproduction of information stored in a database in electronic format by the superintendent,

is evidence of the record and of the facts stated in the record and is conclusive proof that the superintendent is the keeper of the record, in fulfillment of the superintendent's responsibility under this Act or any other enactment.

(2) A certificate of the superintendent, containing a statement based on the records kept by the superintendent, that

(a) is kept in electronic format by the superintendent,

(b) is necessary for law enforcement or prosecution purposes respecting an offence

(i) by an owner of a motor vehicle under section 76.1 (2), or

(ii) by another person under a provision referred to in section 76.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section,

(c) is reproduced in paper format, and

(d) contains a statement that it is an authentic reproduction of all the information on a certificate stored in a database in electronic format by the superintendent,

is, without proof of the signature, if any, or official position of the person giving the certificate, evidence of the facts stated in the certificate.

(3) A document, providing a statement of information based on the records kept by the superintendent, that

(a) is necessary for law enforcement or prosecution purposes respecting an offence

(i) by an owner of a motor vehicle under section 76.1 (2), or

(ii) by another person under a provision referred to in section 76.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section, and

(b) contains a statement that it is an authentic reproduction of information stored in a database in electronic format by the superintendent,

is evidence of the facts stated in the document.

(4) A record, certificate or document referred to in subsection (1), (2) or (3) shall be received in all courts for the purposes of those subsections without proof that the record, certificate or document was kept or provided with lawful authority.

(5) Nothing in this section limits the application of section 75.

5 Section 76.1, as enacted by the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, is amended

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

(1) In this section:

"owner" includes

(a) a person in possession of a motor vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone the motor vehicle is registered under this Act,

(b) a person who rents or leases a motor vehicle from another person, and

(c) a person who holds a licence under section 34, 39, 40 or 42;

"speed monitoring device" means a speed monitoring device prescribed under subsection (8) that is capable of photographing or capturing the image of a motor vehicle while accurately and simultaneously measuring and recording its speed. , and

(b) by adding the following subsections:

(9) Without limiting subsection (2) or (8), evidence that is gathered by a speed monitoring device under subsection (2) may be gathered by any method that captures the image of a motor vehicle and allows the image to be reproduced including, without limitation, by film or by electronic means.

(10) The following data, which may be in an encoded form, may be electronically and simultaneously recorded on the captured image under subsection (9):

(a) the time and date the image was captured;

(b) the location of the motor vehicle;

(c) the identity of the operator of the speed monitoring device;

(d) the speed of the motor vehicle;

(e) whether the motor vehicle was approaching, or receding from, the speed monitoring device;

(f) other similar types of information.

(11) Without limiting any other provision in this section, the recorded image under subsection (10) may be converted from one format to another, transmitted, stored or reproduced by electronic or any other means that allows the recorded image to be reproduced in intelligible form including, without limitation, electronically.

(12) If the superintendent has stored a recorded image in electronic format under subsection (11),

(a) the superintendent may provide the recorded image by reproducing it in paper format, and

(b) the reproduction in paper format has the same effect for all purposes as if it were an original document, if the reproduction

(i) is certified under section 75, or

(ii) contains a statement that it is an authentic reproduction of a recorded image stored in a database in electronic format by the superintendent.

(13) For the purposes of section 76.2 (9) and subsections (11) and (12) of this section, a recorded image may include an enlargement of the area of the recorded image depicting the licence plate of the motor vehicle.

6 Section 76.2, as enacted by the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, is amended

(a) by repealing subsections (2) to (5) and substituting the following:

(2) An enforcement officer may provide, by signing a completed certificate in the prescribed form, evidence of an offence

(a) by an owner of a motor vehicle under section 76.1 (2), or

(b) by another person under a provision referred to in section 76.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section.

(3) A certificate under this section is, without proof of the signature or the official position of the person signing the certificate, evidence of the facts stated in the certificate.

(4) A person against whom a certificate under this section is produced may, with leave of the court, require the attendance of the enforcement officer who signed the certificate, for the purpose of cross-examination.

(5) An enforcement officer who signs a certificate under this section must promptly send the certificate to the superintendent. ,

(b) by adding the following subsection:

(8) For the purpose of a certificate under this section,

(a) the certificate may be created and completed in electronic format by electronic or any other means that allows the certificate to be reproduced in intelligible form including, without limitation, electronically,

(b) in place of signing the certificate under subsection (2), the enforcement officer may identify himself or herself as the person making and authenticating that certificate by means of an electronic reproduction of his or her signature that is capable of being assigned to that certificate only by that enforcement officer,

(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad,

(d) if the certificate including the enforcement officer's signature is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purposes of subsection (5),

(e) if the certificate including the enforcement officer's signature is in electronic format, it may be received, transmitted, stored or sent electronically,

(f) if the certificate is sent to the superintendent in paper format for storage, the superintendent may convert it to and store it in electronic format, and

(g) if the superintendent has stored the certificate in electronic format under paragraph (e) or (f),

(i) the superintendent may provide the certificate by reproducing it in paper format, and

(ii) the reproduction in paper format has the same effect for all purposes as if it were an original document, if the reproduction

(A) is certified under section 75, or

(B) contains a statement that it is an authentic reproduction of all the information on a certificate stored in a database in electronic format by the superintendent. , and

(c) by adding the following subsection:

(9) The recorded image referred to in section 76.1 (11) may be included as part of a certificate under subsection (2) of this section.

7 Section 93 is amended

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

(3) A judge of the appellate court may stay a prohibition for a period the judge considers appropriate if a person

(a) appeals a conviction, and

(b) applies to a judge of the appellate court for an order to stay the prohibition imposed pursuant to the conviction. ,

(b) by repealing subsection (6) and substituting the following:

(6) On application of

(a) the person who applied for a stay, or

(b) a respondent to vary a stay,

a judge of the appellate court may, in the judge's discretion, vary the period of the stay, extend the stay or, where a stay has expired, grant a new stay. , and

(c) by repealing subsection (7) and substituting the following:

(7) If a judge of the appellate court orders a stay in respect of a person, the clerk of that court shall

(a) return that person's licence, and

(b) send a copy of the order to the superintendent.

8 Section 120 (1) is amended by adding the following paragraph:

(c.1) in accordance with any regulation made under section 211 (2) (h), for parking zones for persons with disabilities, on highways that are not arterial highways, including providing for a system of permits for those parking zones; .

9 Section 211 (2) is amended

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

(e) forms, including forms in electronic format; , and

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

(h) parking zones for persons with disabilities, including providing for a system of permits for those parking zones; .

10 Section 211.2 is repealed and the following substituted:

Power to establish forms

211.2 The superintendent may establish forms, including forms in electronic format, to be used for the purposes of carrying out his or her powers, duties and functions under this Act or the regulations.

11 The following section is added:

Power to prescribe for electronic information

211.21 The Lieutenant Governor in Council may make regulations respecting the electronic reception, creation, completion, signing, identifying, transmission, storage or reproduction of a certificate under section 76.2 or for the conversion of a certificate from either paper or electronic format to the other format.

 
Consequential Amendments

 
Commercial Transport Act

12 Section 3 of the Commercial Transport Act, R.S.B.C. 1979, c. 55, is amended

(a) by striking out "73 to 76," and substituting "73 to 75, 76, 76.1 (1) to (6) and (8) to (13), 76.2 (1) to (7) and (9),",

(b) by adding "75.1," after "73 to 75,", and

(c) by striking out "76.2 (1) to (7) and (9)," and substituting "76.2,".

 
Motor Vehicle Amendment Act, 1995

13 The Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, is amended by adding the following after the heading "Consequential Amendments":

Commercial Transport Act

11.1 Section 3 of the Commercial Transport Act, R.S.B.C. 1979, c. 55, is amended by adding "95.1 to 95.95, 96.1 to 96.94," after "86,".

14 Section 5 of the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, is amended in the part enacting section 83.1 of the Motor Vehicle Act by adding the following subsection:

(1.1) The superintendent may suspend a person's driver's licence under subsection (1) whether or not the condition imposed under section 24 (7.2) remains in effect, if the actions of the driver that resulted in the suspension under section 83.3, the prohibition under section 214 or the unsatisfactory driving record occurred while the condition imposed under section 24 (7.2) was in effect.

15 Section 8 is amended

(a) by striking out "direct that a peace officer" in the parts enacting sections 95.1 (4) (a) and (6), 95.8 (1) (f) and (2) (e), 95.9 (8) (b) (i) and 95.91 (4) of the Motor Vehicle Act,

(b) in the part enacting section 95.2 (1) of the Motor Vehicle Act by adding the following paragraph:

(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. ,

(c) in the part enacting section 95.2 (5) (c) of the Motor Vehicle Act by striking out "subsection (1) (c)," and substituting "subsection (1) (c) or (d)," ,

(d) in the part enacting section 95.3 (3) of the Motor Vehicle Act by adding "and" at the end of paragraph (a), by striking out ", and" at the end of paragraph (b) and by repealing paragraph (c),

(e) in the part enacting section 95.8 (1) (g) of the Motor Vehicle Act by adding "unless the owner exercised reasonable care and diligence under subsection (1) (d) of this section," after "section 95.5 (2),",

(f) in the part enacting section 95.92 (1) of the Motor Vehicle Act by repealing paragraph (b) and substituting the following:

(b) delivering the request to the superintendent. ,

(g) in the part enacting section 95.92 (3) of the Motor Vehicle Act by striking out "a peace officer" and substituting "the superintendent",

(h) in the part enacting section 95.92 of the Motor Vehicle Act by repealing subsection (4) and substituting the following:

(4) Unless ordered by the superintendent under section 95.1 (4) or (6), 95.8, 95.9, 95.91, 95.94 or subsection (3) of this section, a person must not remove or release, or permit the removal or release of, a motor vehicle impounded under section 95.1 from the place of impoundment until the impoundment period referred to in section 95.3 has expired.

(5) Subject to section 95.5 (5), a person having custody of a motor vehicle impounded under section 95.1 must release the motor vehicle when ordered by the superintendent. , and

(i) in the part enacting section 95.94 (a) of the Motor Vehicle Act by striking out "authorize" and substituting "order".

16 Section 10 is amended

(a) by striking out "direct that a peace officer" in the parts enacting sections 96.1 (4) (a), 96.7 (1) (e) and (2) (d), 96.8 (8) (b) (i) and 96.9 (4) of the Motor Vehicle Act,

(b) in the part enacting section 96.2 (3) of the Motor Vehicle Act by adding "and" at the end of paragraph (a), by striking out ", and" at the end of paragraph (b) and by repealing paragraph (c),

(c) in the part enacting section 96.7 (1) (f) of the Motor Vehicle Act by adding "unless the owner exercised reasonable care and diligence under subsection (1) (c) of this section," after "section 96.4 (2),",

(d) in the part enacting section 96.91 (1) of the Motor Vehicle Act by repealing paragraph (b) and substituting the following:

(b) delivering the request to the superintendent. ,

(e) in the part enacting section 96.91 (3) of the Motor Vehicle Act by striking out "a peace officer" and substituting "the superintendent",

(f) in the part enacting section 96.91 of the Motor Vehicle Act by repealing subsection (4) and substituting the following:

(4) Unless ordered by the superintendent under section 96.1 (4), 96.7, 96.8, 96.9, 96.93 or subsection (3) of this section, a person must not remove or release, or permit the removal or release of, a motor vehicle impounded under section 96.1 from the place of impoundment until the period of impoundment referred to in section 96.2 has expired.

(5) Subject to section 96.4 (5), a person having custody of a motor vehicle impounded under section 96.1 must release the motor vehicle when ordered by the superintendent. , and

(g) in the part enacting section 96.93 (a) of the Motor Vehicle Act by striking out "authorize" and substituting "order".

17 Section 12 (d) is amended in the part enacting section 14 (3) (e) (iv) (B) of the Offence Act by striking out "under subsection (4.1)," and substituting "under subsection (4.1) (b)," .

18 The portion of section 15 that enacts section 14 (4.2) of the Offence Act is repealed.

19 Section 18 is amended in the part enacting section 14 (7.1) (e) of the Offence Act by striking out "file in the prescribed form and in accordance with the prescribed instructions," and substituting "file with the superintendent in the prescribed form and in accordance with the prescribed instructions,".

20 Section 20 is repealed.

21 Section 23 is amended in the part enacting section 14.2 (1) (b) of the Offence Act by striking out "under section 14 (4.1)," and substituting "under section 14 (4.1) (b)," .

 
Offence Act

22 Section 14 of the Offence Act, R.S.B.C. 1979, c. 305, is amended

(a) by adding the following subsection:

(1.1) For the purpose of a violation ticket issued to the owner of a motor vehicle in respect of an offence under section 76.1 (2) of the Motor Vehicle Act but without limiting the application of subsection (1) of this section,

(a) the violation ticket may be created, completed and signed in electronic format by electronic or any other means that allows the violation ticket to be reproduced in intelligible form including, without limitation, electronically,

(b) in place of signing the violation ticket under subsection (1), the enforcement officer may identify himself or herself as the person making and authenticating the violation ticket by means of an electronic reproduction of his or her signature that is capable of being assigned to that violation ticket only by that enforcement officer,

(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad,

(d) if the violation ticket including the enforcement officer's signature is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purposes of subsections (4) and (4.1),

(e) if the violation ticket including the enforcement officer's signature is in electronic format, it may be received, transmitted, stored or sent electronically,

(f) if the violation ticket is sent to the superintendent in paper format for storage, the superintendent may convert it to and store it in electronic format, and

(g) if the superintendent has stored the violation ticket in electronic format under paragraph (e) or (f),

(i) the superintendent may provide the violation ticket or a copy of it by reproducing it in paper format, and

(ii) the reproduction in paper format has the same effect for all purposes as if it were an original document, if the reproduction

(A) is certified in writing by the superintendent as being a true reproduction of all the information on the violation ticket, or

(B) contains a statement that it is an authentic reproduction of all the information on a violation ticket stored in a database in electronic format by the superintendent. ,

(b) by adding the following subsection:

(1.2) Subsection (1.1) applies, without limitation, for the purposes of a violation ticket deemed to be issued to another person under subsection (7.2) or (7.3) of this section. ,

(c) by repealing subsection (4.1), as enacted by the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, and substituting the following:

(4.1) A copy of a violation ticket issued in respect of an offence by an owner of a motor vehicle under section 76.1 (2) of the Motor Vehicle Act may be sent

(a) by ordinary mail to the address of the owner as set out in the records of the superintendent, or

(b) by registered mail to the address of the owner as set out in the records of the superintendent. ,

(d) by adding the following subsection:

(4.2) If a copy of a violation ticket is mailed to an owner under subsection (4.1) (b), the owner is deemed to have received the copy 30 days after it is mailed. , and

(e) by adding the following subsections:

(7.4) An affidavit under subsection (7.1) (e) may be sworn or solemnly affirmed,

(a) in the case of a corporation, by a director, officer, liquidator, trustee in bankruptcy or receiver manager of the corporation or the attorney of an extra provincial corporation, or

(b) in the case of a municipal corporation, regional district or other local government body, by the mayor, secretary treasurer, clerk or deputy clerk.

(7.5) The superintendent may store or send the affidavit electronically, and may convert an affidavit in paper format to electronic format.

(7.6) If the superintendent has stored an affidavit referred to in subsection (7.1) (e) in electronic format under subsection (7.5),

(a) the superintendent may provide the affidavit by reproducing it in paper format, and

(b) the reproduction in paper format has the same effect for all purposes as an original of the affidavit, if the reproduction

(i) is certified in writing by the superintendent as being a true reproduction of all the information on the affidavit, or

(ii) contains a statement that it is an authentic reproduction of all the information on an affidavit stored in a database in electronic format by the superintendent.

23 Section 14.1 is amended

(a) by adding the following subsection:

(1.1) A person to whom a violation ticket has been mailed under section 14 (4.1) (a) but on whom the ticket has not been served may, within 45 days from the date the ticket is completed, dispute the allegation or the amount of the fine contained in the ticket by

(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or

(b) appearing in person at the location set out in the ticket to give notice of dispute. ,

(b) by adding the following subsection:

(1.2) A person to whom a violation ticket has been mailed under section 14 (4.1) (b) may, within 30 days of being deemed to have received the ticket under section 14 (4.2), dispute the allegation or the amount of the fine contained in the ticket by

(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or

(b) appearing in person at the location set out in the ticket to give notice of dispute. ,

(c) in subsection (2) by striking out "under subsection (1)" and substituting "under this section" ,

(d) in subsection (3) by striking out "For the purpose of subsection (1)," and substituting "For the purpose of this section," , and

(e) by repealing subsection (6) (b) and substituting the following:

(b) a reproduction in paper format of electronically stored information that

(i) is certified in writing by the superintendent as being a true reproduction of all the information on the violation ticket, or

(ii) contains a statement that it is an authentic reproduction of all the information on a violation ticket stored in a database in electronic format by the superintendent, .

24 Section 14.2 (2.1), as enacted by the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, is amended by striking out "under section 14 (4.1)" and substituting "under section 14 (4.1) (b)" .

25 Section 14.4 is amended by adding the following subsection:

(2.2) The superintendent may cancel a violation ticket that was mailed to a person under section 14 (4.1) if the person named on the ticket was deemed to have pleaded guilty under section 14 (8) but, through no fault of the person named on the ticket, the fine contained in that ticket was paid by a person other than the person named.

26 Section 25 is amended by adding the following subsections:

(1.1) The superintendent may electronically convert from paper format to electronic format or store or send in electronic format

(a) a certificate of service of a violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act, or

(b) a certificate of service of a violation ticket deemed to be issued to another person under section 14 (7.2) or (7.3) of this Act.

(1.2) If the superintendent has stored a certificate of service of a violation ticket in electronic format under subsection (1.1),

(a) the superintendent may provide the certificate of service by reproducing it in paper format, and

(b) the reproduction in paper format has the same effect for all purposes as an original of the certificate of service, if the reproduction

(i) is certified in writing by the superintendent as being a true reproduction of all the information on the certificate of service, or

(ii) contains a statement that it is an authentic reproduction of all the information on a certificate of service stored in a database in electronic format by the superintendent.

27 Section 72 (6) and (6.1) is amended by striking out "filed with the Supreme Court" and substituting "filed with the Supreme Court or Provincial Court".

28 Section 121.1 (2) is amended

(a) by adding the following paragraph:

(a.1) respecting the electronic reception, creation, completion, signing, identifying, transmission, storage, reproduction or conversion from either paper or electronic format to the other format of

(i) a violation ticket, or

(ii) a certificate of service of a violation ticket under section 25, , and

(b) in paragraph (a.1) by striking out "or" at the end of subparagraph (i), by adding "or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) an affidavit under section 14 (7.1) (e), .

 
Other Amendments

 
Motor Vehicle Act

29 Section 16.1 (3) (a) and (b) and (4) (a) and (b) and 24.5 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".

30 Sections 24 (1.2), 75.1 (1) (a) and (d), (2) and (3), 76.1 (12) and 76.2 (5), (6) and (8) (f) and (g) 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".

31 Section 75.1 (1) is amended by striking out "that the superintendent is the keeper of the record, in fulfillment of the superintendent's responsibility under this Act or any other enactment." and substituting "that the Insurance Corporation of British Columbia is the keeper of the record, in fulfillment of the corporation's responsibility under section 75 (6)."

32 Sections 76.1 (12) (b) (i) and 76.2 (8) (g) (ii) (A) are amended by striking out "certified under section 75, or" and substituting "certified by an officer of the corporation under section 75, or".

 
Motor Vehicle Amendment Act, 1995

33 Section 18 of the Motor Vehicle Amendment Act, 1995, S.B.C. 1995, c. 28, is amended in the part enacting section 14 (7.1) (e) of the Offence Act by striking out "the superintendent" and substituting "the Insurance Corporation of British Columbia".

 
Offence Act

34 Sections 14 (1.1) (f) and (4.1) (a) and (b) and 25 (1.1) of the Offence Act, R.S.B.C. 1979, c. 305, 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".

35 Section 14 (1.1) (g) is repealed and the following substituted:

(g) if the Insurance Corporation of British Columbia has stored the violation ticket in electronic format under paragraph (e) or (f),

(i) the corporation may provide the violation ticket or a copy of it by reproducing it in paper format, and

(ii) the reproduction in paper format has the same effect for all purposes as if it were an original document, if the reproduction

(A) is certified in writing by an officer of the corporation as being a true reproduction of all the information on the violation ticket, or

(B) contains a statement that it is an authentic reproduction of all the information on a violation ticket stored in a database in electronic format by the corporation.

36 Section 14 is amended

(a) in subsection (7.5) by striking out "superintendent" and substituting "Insurance Corporation of British Columbia", and

(b) by repealing subsection (7.6) and substituting the following:

(7.6) If the Insurance Corporation of British Columbia has stored an affidavit referred to in subsection (7.1) (e) in electronic format under subsection (7.5),

(a) the corporation may provide the affidavit by reproducing it in paper format, and

(b) the reproduction in paper format has the same effect for all purposes as an original of the affidavit, if the reproduction

(i) is certified in writing by an officer of the corporation as being a true reproduction of all the information on the affidavit, or

(ii) contains a statement that it is an authentic reproduction of all the information on an affidavit stored in a database in electronic format by the corporation.

37 Section 25 (1.2) is repealed and the following substituted:

(1.2) If the Insurance Corporation of British Columbia has stored a certificate of service of a violation ticket in electronic format under subsection (1.1),

(a) the corporation may provide the certificate of service by reproducing it in paper format, and

(b) the reproduction in paper format has the same effect for all purposes as an original of the certificate of service, if the reproduction

(i) is certified in writing by an officer of the corporation as being a true reproduction of all the information on the certificate of service, or

(ii) contains a statement that it is an authentic reproduction of all the information on a certificate of service stored in a database in electronic format by the corporation.

Commencement

38 (1) Sections 5, 6 (a) and (c), 12 (a), 22 (a) and (c), 23 (a), (c), (d) and (e), 24 and 25 come into force on August 1, 1996.

(2) Sections 1, 3, 4, 6 (b), 11, 12 (b) and (c), 22 (b), (d) and (e), 23 (b), 26, 28 (b) and 29 to 37 come into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Motor Vehicle Act, adds section 16.1] requires a report to be made to the Superintendent of Motor Vehicles when a motor vehicle becomes an irreparable vehicle or a salvage vehicle.

SECTION 2: [Motor Vehicle Act, amends section 24]

(a) permits the Superintendent of Motor Vehicles to require in-person application for a driver's licence, authorizes electronic collection and storage of information and signatures supplied by applicants and limits to specified uses the stored signatures, and

(b) provides that an applicant for a driver's licence must submit to having his or her picture taken.

SECTION 3: [Motor Vehicle Act, adds section 24.5] requires the Superintendent of Motor Vehicles to refuse issuance of a licence or plates for an irreparable or a salvage vehicle.

SECTION 4: [Motor Vehicle Act, adds section 75.1] provides that, for prosecution purposes respecting an offence by an owner under section 76.1 (2) or by another person under that provision if evidence of the offence is gathered through the use of a prescribed speed monitoring device,

SECTION 5: [Motor Vehicle Act, amends section 76.1]

(a) provides new definitions of "owner" and "speed monitoring device" for the purposes of section 76.1, and

(b) authorizes comprehensive electronic processing and storage of images gathered by speed monitoring devices and provides that reproductions in paper format to have original document effect when they are certified or contain a specified statement.

SECTION 6: [Motor Vehicle Act, amends section 76.2]

(a) provides that an enforcement officer may sign a completed certificate for the purpose of providing evidence of an offence under section 76.1 (2) or under a provision referred to in that section if evidence of the offence was gathered through the use of a prescribed speed monitoring device, and the person against whom the certificate is produced may cross-examine the enforcement officer who signed the certificate,

(b) authorizes comprehensive electronic completion and processing of the certificates under this section, and the Superintendent of Motor Vehicles is authorized to electronically store the certificates and to provide reproductions in paper format, which are deemed to have original document effect when they are certified or contain a specified statement, and

(c) authorizes the inclusion of section 76.1 images in the certificates under section 76.2.

SECTION 7: [Motor Vehicle Act, amends section 93] changes references from "appellate court" to "a judge of the appellate court".

SECTION 8: [Motor Vehicle Act, amends section 120 (1)] clarifies the authority of municipalities to make bylaws respecting parking zones for persons with disabilities.

SECTION 9: [Motor Vehicle Act, amends section 211 (2)]

(a) clarifies the authority of the Lieutenant Governor in Council to make regulations respecting forms in electronic format, and

(b) clarifies the authority of the Lieutenant Governor in Council to make regulations respecting parking zones for persons with disabilities.

SECTION 10: [Motor Vehicle Act, re-enacts section 211.2] clarifies the authority of the Superintendent of Motor Vehicles to establish forms in electronic format.

SECTION 11: [Motor Vehicle Act, adds section 211.21] authorizes the Lieutenant Governor in Council to make regulations respecting comprehensive electronic completion, processing and storage of certificates under section 76.2.

SECTION 12: [Commercial Transport Act, amends section 3] adds specified provisions of the Motor Vehicle Act to the list of provisions in that Act that are incorporated and apply to the Commercial Transport Act.

SECTION 13: [Motor Vehicle Amendment Act, 1995, adds a section that amends section 3 of the Commercial Transport Act] adds specified provisions of the Motor Vehicle Act to the list of provisions in that Act that are incorporated and apply to the Commercial Transport Act.

SECTION 14: [Motor Vehicle Amendment Act, 1995, amends section 5 in the part enacting section 83.1 of the Motor Vehicle Act] clarifies the authority of the Superintendent of Motor Vehicles to suspend, in specified circumstances, a driver's licence even after an imposed period of a zero blood alcohol condition has expired.

SECTION 15: [Motor Vehicle Amendment Act, 1995, amends section 8 in the part enacting sections 95.1 to 95.94 of the Motor Vehicle Act]

(a) authorizes the Superintendent of Motor Vehicles, not peace officers, to order the release of impounded motor vehicles,

(b) and (c) clarifies that persons who have never held a driver's licence and are convicted of driving without a licence are subject to having a notice of liability to vehicle impoundment placed on their driving records,

(d) eliminates a requirement that the Superintendent give to peace officers notice of a 60 day vehicle impoundment period,

(e) exempts the Superintendent from paying impoundment costs when impoundment of a vehicle is revoked because the owner exercised reasonable care in entrusting the vehicle to an offending driver,

(f) provides that requests for release of impounded vehicles are to be delivered to the Superintendent, not peace officers,

(g) authorizes the Superintendent, not peace officers, to order the release of impounded motor vehicles,

(h) provides that persons must not remove or release an impounded vehicle before expiry of the impoundment period unless ordered by the Superintendent and requires persons having custody of an impounded vehicle to release it when ordered by the Superintendent, and

(i) changes the term "authorize" to "order".

SECTION 16: [Motor Vehicle Amendment Act, 1995, amends section 10 in the part enacting sections 96.1 to 96.93 of the Motor Vehicle Act]

(a) authorizes the Superintendent of Motor Vehicles, not peace officers, to order the release of impounded motor vehicles,

(b) eliminates a requirement that the Superintendent give to peace officers notice of a 60 day vehicle impoundment period,

(c) exempts the Superintendent from paying impoundment costs when impoundment of a vehicle is revoked because the owner exercised reasonable care in entrusting the vehicle to an offending driver,

(d) provides that requests for release of impounded vehicles are to be delivered to the Superintendent, not peace officers,

(e) authorizes the Superintendent, not peace officers, to order the release of impounded motor vehicles,

(f) provides that persons must not remove or release an impounded vehicle before expiry of the impoundment period unless ordered by the Superintendent and requires persons having custody of an impounded vehicle to release it when ordered by the Superintendent, and

(g) changes the term "authorize" to "order".

SECTION 17: [Motor Vehicle Amendment Act, 1995, amends section 12 (d) in the part enacting section 14 (3) (e) (iv) (B) of the Offence Act] provides a consequential change of reference respecting section 14 (4.1) (b) of the Offence Act, which is enacted in amending section 22 (c) of this Bill.

SECTION 18: [Motor Vehicle Amendment Act, 1995, repeals section 15 in the part enacting section 14 (4.2) of the Offence Act] repeals a provision that is not in force, which provision is substituted in amending section 22 (d) of this Bill.

SECTION 19: [Motor Vehicle Amendment Act, 1995, amends section 18 in the part enacting section 14 (7.1) (e) of the Offence Act] clarifies that section 14 (7.1) affidavits are to be filed with the Superintendent of Motor Vehicles.

SECTION 20: [Motor Vehicle Amendment Act, 1995, repeals section 20 amending section 14.1 of the Offence Act] repeals a provision that is not in force, which provision is substituted in amending section 23 (b) of this Bill.

SECTION 21: [Motor Vehicle Amendment Act, 1995, amends section 23 in the part enacting section 14.2 (1) (b) of the Offence Act] provides a consequential change of reference respecting section 14 (4.1) (b) of the Offence Act, which is enacted in amending section 22 (c) of this Bill.

SECTION 22: [Offence Act, amends section 14]

(a) and (b) authorizes comprehensive electronic completion and processing of violation tickets issued for specified speeding contraventions captured by speed monitoring devices under the Motor Vehicle Act, and the Superintendent of Motor Vehicles is authorized to electronically store the tickets and to provide reproductions in paper format, which are deemed to have original document effect when they are certified or contain a specified statement,

(c) authorizes the sending of copies of violation tickets, which are issued in respect of an offence by an owner under section 76.1 (2) of the Motor Vehicle Act, to the address of the owner by ordinary or registered mail,

(d) provides that a copy of a violation ticket sent by registered mail is deemed to have been received 30 days after it is mailed, and

(e) enables corporate and governmental agencies to file and swear or affirm section 14 (7.1) affidavits. The Superintendent of Motor Vehicles is authorized to electronically store and send section 14 (7.1) affidavits and to provide reproductions in paper format, which are deemed to have original document effect when they are certified or contain a specified statement.

SECTION 23: [Offence Act, amends section 14.1]

(a) and (b) provides the time period and manner for disputing mailed violation tickets under section 14 (4.1) (a) and (b),

(c) and (d) provides consequential reference changes to provide for new provisions respecting notices of dispute under section 14.1, and

(e) provides that a reproduction of an electronically stored violation ticket is deemed to be the required copy of the violation ticket referred to the Provincial Court for prosecution purposes when it is certified by the Superintendent of Motor Vehicles or it contains a specified statement.

SECTION 24: [Offence Act, amends section 14.2 (2.1)] provides a consequential change of reference respecting section 14 (4.1) (b) of the Offence Act, which is enacted in amending section 22 (c) of this Bill.

SECTION 25: [Offence Act, amends section 14.4] authorizes the Superintendent of Motor Vehicles, in specified circumstances, to cancel a violation ticket mailed to a person under section 14 (4.1) of the Offence Act.

SECTION 26: [Offence Act, amends section 25] authorizes the Superintendent of Motor Vehicles to electronically store and send certificates of service of violation tickets issued for speeding offences captured by speed monitoring devices and to provide reproductions in paper format, which are deemed to have original document effect when they are certified or contain a specified statement.

SECTION 27: [Offence Act, amends section 72 (6) and (6.1)] adds authority to file a certificate with the Provincial Court when previous authority provided for filing with the Supreme Court only.

SECTION 28: [Offence Act, amends section 121.1 (2)] authorizes the Lieutenant Governor in Council to make any necessary regulations to provide for the comprehensive electronic processing of violation tickets and certificates of service of violation tickets and affidavits under section 14 (7.1) (e).

SECTIONS 29 to 32: [Motor Vehicle Act] provides reference changes from the Superintendent of Motor Vehicles to the Insurance Corporation of British Columbia.

SECTION 33: [Motor Vehicle Amendment Act, 1995] provides a reference change from the Superintendent of Motor Vehicles to the Insurance Corporation of British Columbia.

SECTIONS 34 to 37: [Offence Act] provides reference changes from the Superintendent of Motor Vehicles to the Insurance Corporation of British Columbia.


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