Definitions

"accident" includes an intentional collision;

"adult" means a person who has reached 19 years of age;

"air contaminant" means a solid, liquid, gas, odour or combination of any of them that contributes to air pollution;

"air pollution" means the presence in the outdoor atmosphere of an air contaminant in quantities that may

(a) cause discomfort to or endanger the health or safety of persons,

(b) cause injury or damage to property or to plant or animal life, or

(c) interfere with visibility or other normal conduct of transport or business;

"blanket certificate" has the same meaning as in the Insurance (Vehicle) Act;

"bus" means a motor vehicle designed to carry more than 10 persons;

"certificate of insurance" means a certificate issued under the Insurance (Vehicle) Act and to the holder of a licence, permit or any class of licence or permit issued under this Act, whether issued as part of the licence or permit or as a separate document;

"certificate of service" includes an eCertificate of service as described in section 82.2;

"commercial vehicle" has the same meaning as commercial vehicle in the Commercial Transport Act;

"convicted" has the same meaning as in section 30.1 of the Insurance (Vehicle) Act;

"dangerous article" includes inflammable or corrosive liquids and liquefied petroleum gas;

"dealer" means a motor dealer as defined in the Motor Dealer Act;

"director" means the Director of Commercial Vehicle Safety appointed under section 116.1;

"driver's certificate" means a driver's certificate as defined in the Insurance (Vehicle) Act;

"emergency vehicle" means any of the following:

(a) a motor vehicle, or cycle as defined in Part 3, carrying rescue or first aid equipment if there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in this Act;

(b) a motor vehicle, or cycle as defined in Part 3, driven by a member of a fire department in the discharge of the member's duties;

(c) a motor vehicle, or cycle as defined in Part 3, driven by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of the peace officer's, constable's or member's duty;

(d) a motor vehicle driven by a sheriff, in the discharge of the sheriff's duties under the Sheriff Act, while transporting a person in the lawful custody of a sheriff;

"farm tractor" means a motor vehicle designed and used primarily as an implement of husbandry for drawing agricultural equipment;

"farmer" means a person who resides on a farm and makes the person's principal living by farming it;

"financial responsibility card" means a card issued under section 111 (1);

"fine indebtedness" means an indebtedness referred to in section 26 (1) (c);

"golf cart" means a motor vehicle originally designed and manufactured to carry golfers and their equipment;

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

but does not include an industrial road;

"implement of husbandry" means a vehicle designed and adapted exclusively for use in agricultural operations and includes a farm tractor and a trailer towed by an implement of husbandry, but does not include

(a) a vehicle used primarily to transport persons or property on a highway, or

(b) a bulldozer, grader or other vehicle of a similar nature designed for nonagricultural purposes, whether it is being used exclusively in connection with an agricultural operation or not;

"industrial road" means industrial road as defined in the Industrial Roads Act, and includes a forest service road as defined in the Forest Act and land designated as a development road under section 139 (1) of the Petroleum and Natural Gas Act;

"industrial utility vehicle" means a motor vehicle that

(a) is used for work purposes, including industrial, maintenance or landscaping purposes, and, at the time it was manufactured, was not designed to conform to the standards prescribed in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, or

(b) is in a prescribed class of motor vehicles,

but does not include a vehicle in a class of motor vehicles excluded by regulation;

"insurance premium" means the premium established under the Insurance (Vehicle) Act for a motor vehicle liability policy;

"manufactured home" means a trailer that may or may not be placed on a foundation and is designed for use as an all season residence and for connection to utilities;

"minister" includes a person designated in writing by the minister;

"mobile equipment" means a self-propelled device that is incapable of exceeding 10 km/h and that

(a) can be steered only by an operator walking or standing behind, walking in front of or walking alongside the device,

(b) is a work platform used to raise and lower the following:

(i) the operator of the platform;

(ii) tools and supplies, or

(c) is in a prescribed class of devices,

but does not include a device in a class of devices excluded by regulation;

"motor assisted cycle" means a device

(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(b) on which a person may ride,

(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and

(d) that meets the other criteria prescribed under section 182.1 (3);

"motor home" means a motor vehicle designed or used primarily for accommodation during travel or recreation, but does not include a motor vehicle that has attached to it a structure

(a) designed or used primarily for accommodation during travel or recreation, and

(b) designed or intended to be detachable;

"motor vehicle" means a vehicle, not run on rails, that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment, a motor assisted cycle or a regulated motorized personal mobility device;

"motor vehicle indebtedness" has the meaning set out in paragraphs (a) to (f) of the definition of "vehicle indebtedness" in section 93.1 of the Insurance (Vehicle) Act;

"motor vehicle liability insurance card" means a card issued under the Insurance (Vehicle) Act in respect of a motor vehicle liability policy, and may be part of a certificate of insurance;

"motor vehicle liability policy" means a certificate issued under Part 1 of the Insurance (Vehicle) Act and the regulations under that Part;

"motor vehicle related Criminal Code offence" means an offence that

(a) is a prescribed Criminal Code offence, and

(b) arose out of or was related to the operation, care or control of a motor vehicle or was committed by means of a motor vehicle;

"motorcycle" means a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride;

"number plate" means the following:

(a) a number plate issued under this Act;

(b) if a validation decal is issued under this Act for attachment to a number plate, the number plate with the validation decal;

"off-road vehicle" has the same meaning as in the Off-Road Vehicle Act;

"owner" includes a person in possession of a motor vehicle under a contract by which he or she may become its owner on full compliance with the contract;

"owner's certificate" means an owner's certificate as defined in the Insurance (Vehicle) Act;

"owner's licence" means a licence issued under section 3, 5, 6 or 38;

"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;

"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;

"peace officer" means a constable or a person who has a constable's powers;

"prescribed" means prescribed by this Act or by regulation of the Lieutenant Governor in Council or of the minister;

"prohibited from driving a motor vehicle" means prohibited from driving a motor vehicle on a highway or an industrial road;

"regulated motorized personal mobility device" means a personal mobility device

(a) that is designed

(i) to be solely self-propelled or self-propelled with the capability to be propelled by human power, and

(ii) subject to exceptions prescribed under section 210 (3.2), to transport one person, and

(b) that meets other criteria prescribed under section 210 (3.2)

but does not include a motor assisted cycle;

"rural area" does not include treaty lands or Nisg̱a'a Lands;

"school bus" means a motor vehicle used to convey children to or from school by or under a contract with the authority in charge of the school;

"station wagon" means a dual purpose vehicle designed for transporting not more than 9 persons, with a rear seat accessible from a side door, and designed so that the seats may be removed or folded out of the way to increase the property carrying space in the vehicle;

"superintendent" means the Superintendent of Motor Vehicles;

"taxi" means a motor vehicle designed to carry not more than 10 persons that, with its driver, is operated for hire;

"tow car" means a motor vehicle used exclusively for towing or rendering assistance to other motor vehicles or to vehicles suffering from a defect or disability in their means of locomotion;

"trailer" means a vehicle that is at any time drawn on a highway by a motor vehicle, except

(a) an implement of husbandry,

(b) a side car attached to a motorcycle, and

(c) a disabled motor vehicle that is towed by a tow car,

and includes a semi-trailer as defined in the Commercial Transport Act;

"transportation network services authorization" has the same meaning as in the Passenger Transportation Act;

"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment, a motor assisted cycle or a regulated motorized personal mobility device;

"vehicle insurance" means vehicle insurance as defined in the Insurance (Vehicle) Act.

Application of Act

(2) This Act does not apply to the driving or operation of a mechanically propelled invalid's chair that is used only for the purposes for which it was designed.

(3) Despite subsection (2), a person must not drive or operate on a highway a mechanically propelled invalid's chair of a type or class prescribed by the Lieutenant Governor in Council as a motor vehicle unless the person complies with this Act.

(4) [Repealed 1997-31-2.]

(5) The provisions of this Act respecting the registration and licensing of motor vehicles and trailers and the licensing of drivers of motor vehicles do not apply to prohibit

(a) the temporary driving, propelling, drawing or moving of an implement of husbandry on a highway by or on behalf of a farmer unless the implement is used

(i) to carry, on a highway, passengers or goods other than farm produce, supplies, stock, fertilizer, tools or seeds being carried from one place on a farm to another place on the same farm, or

(ii) to tow, on a highway, a trailer used to carry passengers or goods other than farm produce, supplies, stock, fertilizer, tools or seeds being carried from one place on a farm to another place on the same farm, or

(b) the use of a trailer towed by a tractor licensed under section 8 by a farmer to transport on the trailer the produce of the farmer's farm to market and to transport supplies for that farm from market.

(6) A motor vehicle or trailer exempted from registration and licensing under subsection (5) is deemed, for the purpose of the Insurance (Vehicle) Act, to be registered and licensed under this Act.

(7) A person who is under 15 years of age must not drive or operate an implement of husbandry on a highway.

(8) A commercial vehicle registered and licensed under a section of the Commercial Transport Act is deemed to be registered and licensed under the section of this Act that is identical except for the substitutions mentioned in section 4 of the Commercial Transport Act, and a commercial vehicle exempt from registration and licensing under the Commercial Transport Act is also exempt from registration and licensing under this Act.

(9) Except under sections 95, 102 and 144, a person must not be charged with or convicted of an offence under the Motor Vehicle Act as the result of the driving or operation of a motor vehicle or trailer

(a) on a private road owned by the owner or lessee of the motor vehicle, or

(b) in an industrial use by an industrial user on a private road by arrangement with the owner of the road.

(10) Despite this section, but subject to subsection (11), a person must not drive or operate a motor vehicle or trailer referred to in this section unless

(a) the person holds a subsisting driver's licence of a class appropriate to the category of motor vehicle driven or operated,

(b) the person is insured under a valid and subsisting driver's certificate, and

(c) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

(11) Subsection (10) applies only to motor vehicles or trailers or drivers referred to in this section that are designated by order of the Lieutenant Governor in Council.

(12) The provisions of this Act respecting registration and licensing of vehicles do not apply to a vehicle being towed on a highway by a vehicle designed or used primarily for towing, or rendering assistance to, other vehicles.

(13) For the purposes of subsection (12), "vehicle being towed" does not include a manufactured home, a semi-trailer as defined in the Commercial Transport Act and other vehicles prescribed by the Lieutenant Governor in Council.

Registration, licence and insurance

(a) register the motor vehicle or trailer with the Insurance Corporation of British Columbia,

(b) obtain a licence for its operation under this section, and

(c) obtain for it an owner's certificate under the Insurance (Vehicle) Act.

(1.1) An off-road vehicle registered with the Insurance Corporation of British Columbia under the Off-Road Vehicle Act is deemed to be sufficiently registered for the purposes of subsection (1) (a) of this section.

(2) Despite subsection (1), a trailer towed by a tractor licensed under section 8 need not be licensed.

(3) The owner must apply for

(a) registration and licence in the form required by the Insurance Corporation of British Columbia, and

(b) a motor vehicle liability policy.

(4) The form of motor vehicle liability policy referred to in subsection (3) (b) must be signed by the owner and delivered to the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of this section, together with the prescribed fees, the insurance premium and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act, the Consumption Tax Rebate and Transition Act, section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada) or the Provincial Sales Tax Act.

(4.1) A person who is to be or has been issued a licence under the Passenger Transportation Act that includes a transportation network services authorization must, before motor vehicles are operated under the authorization, obtain the prescribed motor vehicle liability policy.

(5) For the purpose of every section of this Act requiring a person to obtain a certificate of insurance or pay an insurance premium or a premium for a driver's certificate,

(a) a government agent, or

(b) a person authorized in writing under section 9.2 (3) (b) of the Insurance Corporation Act

may act as an agent of the Insurance Corporation of British Columbia for the purposes of the Insurance (Vehicle) Act, despite section 9.2 of the Insurance Corporation 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.

(6) 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 9.2 of the Insurance Corporation Act, is deemed to be a person authorized in writing by the corporation.

(7) On receiving the application in the form required by the Insurance Corporation of British Columbia, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premium established under the Insurance (Vehicle) Act have been paid, the corporation must cause the name and address of the owner and a description of the motor vehicle or trailer to be registered in a file or index to be kept for that purpose, and must cause the following to be issued to the owner:

(a) a numbered licence in the form established by the corporation, showing registration of the motor vehicle or trailer and authorizing its use and operation in accordance with this Act;

(b) one distinctive number plate in the case of a motorcycle or trailer, and 2 distinctive number plates in the case of a motor vehicle other than a motorcycle;

(c) an owner's certificate and motor vehicle liability insurance card.

(8) Fees are not payable for the registration or licensing of a motor vehicle or trailer owned or used by a person who, through active service in the Armed Forces of the Crown in a war has lost a limb or is receiving a 100% disability pension, but the exemption granted by this subsection does not extend to the concurrent registration or licensing of more than one motor vehicle and one trailer for the same person, or to the insurance premium payable under subsection (4).

(9) On an application for the registration and licensing of a motor vehicle imported into British Columbia that has been registered or licensed at a place outside British Columbia, the Insurance Corporation of British Columbia may, as a condition of issuing the licence, require the applicant to deliver to the corporation the existing licence or certificate of registration and the current number plates issued for the motor vehicle outside British Columbia, to be retained by the corporation while the motor vehicle is used or operated in British Columbia.

(10) The Insurance Corporation of British Columbia may refuse to issue a licence for the operation of a motor vehicle or trailer if

(a) any fee or part of a fee for a previous licence issued under this Act for the motor vehicle or trailer is unpaid,

(b) any insurance premium or part of it for a previous owner's certificate issued under the Insurance (Vehicle) Act is unpaid, or

(c) any amount owing in respect of the motor vehicle under

(i) the Social Service Tax Act,

(ii) the Consumption Tax Rebate and Transition Act,

(iii) section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada), or

(iv) the Provincial Sales Tax Act

is not paid to the corporation.

Exemptions — registration, licence and insurance

(a) golf carts;

(b) industrial utility vehicles;

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

(2) This section also applies in respect of a trailer towed by an industrial utility vehicle to which this section applies.

(3) Section 3 (1) does not apply in respect of a golf cart or an industrial utility vehicle owned or leased by the owner or operator of a golf course if the golf cart or the industrial utility vehicle is used or operated only as follows:

(a) on a parking lot or driveway of the golf course;

(b) to cross a highway that intersects the golf course, for the purpose of travelling from one part of a golf course to another part of the same golf course;

(c) in the case of an industrial utility vehicle,

(i) on the untravelled portion of a highway immediately adjacent to the golf course, and

(ii) on the highway immediately adjacent to a worksite where the industrial utility vehicle is being or will be used or operated to perform work, for the purpose of unloading or loading the industrial utility vehicle from or to another motor vehicle or trailer.

(4) Section 3 (1) does not apply in respect of an industrial utility vehicle owned or leased by a person other than an owner or operator of a golf course if the industrial utility vehicle is used or operated only as follows:

(a) on a parking lot or driveway, by or on behalf of the owner or operator of the parking lot or driveway;

(b) to cross a highway that intersects a worksite where the industrial utility vehicle is being used or operated to perform work;

(c) at a worksite on the untravelled portion of a highway;

(d) on the highway immediately adjacent to a worksite where the industrial utility vehicle is being or will be used or operated to perform work, for the purpose of unloading or loading the industrial utility vehicle from or to another vehicle or trailer;

(e) at a worksite located on a highway, provided the worksite is not accessible to the public.

Restriction on registration

(2) If the owner of a vehicle is not an individual, a registration or licence must not be made or issued in respect of the vehicle unless the owner is

(a) a corporation incorporated under the laws of British Columbia,

(b) an extraprovincial company within the meaning of the Business Corporations Act, or

(c) an entity prescribed by or comprised in a class prescribed by the Lieutenant Governor in Council.

Repealed

Payment of premium

(a) a licence for a farm tractor under section 8;

(b) a special licence under section 9 or 10;

(c) a demonstration licence under section 38;

(d) a transporter's licence under section 41;

(e) a manufacturer's licence under section 42;

(f) a licence under the Commercial Transport Act.

Underage applicants

(a) it is also signed by a parent or guardian of the applicant or transferee, or

(b) if the applicant or transferee is unable to obtain the signature of a parent or guardian, the applicant proves to the Insurance Corporation of British Columbia's satisfaction that he or she is self supporting and unable to obtain the signature of a parent or guardian, or is married.

(2) If a motor vehicle has been registered and licensed in or transferred into the name of a person under 18 years of age in accordance with subsection (1), and

(a) the parent or guardian, in writing, withdraws his or her consent, or

(b) proof is produced that satisfies the Insurance Corporation of British Columbia that the person was not self supporting, or was not married,

the corporation must suspend the licence of the motor vehicle and must not reinstate it or issue a new licence for the vehicle to that person until he or she reaches 18 years of age or subsection (1) is complied with.

(3) The licensee of a motor vehicle for which the licence has been suspended under subsection (2) must immediately deliver the licence and its corresponding number plates to the Insurance Corporation of British Columbia.

Licences for farm tractors

(a) towing a trailer to transport the produce of the farmer's own farm to market and to transport supplies for that farm, or

(b) towing an implement of husbandry used by or on behalf of the farmer.

(2) A licence issued under this section is not in force during any time the motor vehicle is operated or used on a highway otherwise than for the purpose stated in the licence.

(3) The Insurance Corporation of British Columbia may, in the corporation's discretion and without holding a public or other hearing, cancel a licence issued under this section.

(4) On notice of the cancellation of a licence under subsection (3), the licensee must immediately deliver the licence and its corresponding number plates to the Insurance Corporation of British Columbia.

Special licence for motor vehicles used in industry

(2) The form of the licence under this section and the application for it must be varied accordingly.

(3) All the motor vehicles covered by a licence under this section, as long as they are used exclusively in the industry carried on by the owner, are deemed to be sufficiently licensed for the purposes of this Act, but only one of those motor vehicles may be operated on a highway at any one time.

(4) The annual licence fee payable for a licence issued under this section must equal the largest annual licence fee prescribed under this Act in respect of the motor vehicles covered by the licence.

Special licence for tractors, etc.

(a) proceeding to or returning from the worksite without carrying a load, or

(b) if the worksite is on the highway, carrying a load at the worksite, provided the worksite is not accessible to the public.

(1.1) The form of the licence under subsection (1) must be varied accordingly.

(2) A licence issued under subsection (1) is not in force during any time the motor vehicle is operated or used on a highway otherwise than for the purposes stated in the licence.

(3) The Insurance Corporation of British Columbia may, in the corporation's discretion and without holding a formal or public or other hearing, cancel a licence issued under this section.

(4) On notice of the cancellation of a licence under subsection (3), the licensee must immediately deliver the licence and its corresponding number plates to the Insurance Corporation of British Columbia.

Carrying of licence

Number plates

(a) be marked with the licence number of the motor vehicle or trailer for which it is issued, and

(b) be of a material and design determined by the Insurance Corporation of British Columbia.

(2) On renewal of a licence in respect of a motor vehicle or trailer, instead of issuing new number plates, the Insurance Corporation of British Columbia may, in accordance with the regulations,

(a) issue validation decals that are valid for the term of the licence, or for a period that is longer than the term of the licence, to be attached to previously issued number plates,

(b) issue non-expiring validation decals to be attached to previously issued number plates, including for trailers or semi-trailers that are licensed and registered under section 6 of the Commercial Transport Act, or

(c) instead of issuing validation decals, issue a prescribed document or take a prescribed action respecting the validity of a licence.

(3) The validation decals referred to in subsection (2) must be of a material and design determined by the Insurance Corporation of British Columbia.

(4) A number plate issued for a motor vehicle or trailer must be displayed, in the manner prescribed, on the motor vehicle or trailer at all times while the motor vehicle or trailer is on a highway.

(5) If

(a) a renewal licence in respect of a motor vehicle or trailer already licensed under this section is obtained before the expiry date of the existing licence, and

(b) a new validation decal is issued on the renewal of the licence,

the display on the motor vehicle or trailer of the number plate with the new validation decal, at any time during the month preceding the designated expiry date of the existing licence, is sufficient to be in compliance with subsection (4) for that month, so long as the existing licence continues to be carried in the vehicle.

(6) Number plates and validation decals issued under this section are the property of the Insurance Corporation of British Columbia whether they were issued before, on or after the date this section comes into force.

Offences

(a) without the licence required by this Act for the operation of that motor vehicle or trailer having been first obtained and being then in force,

(b) without displaying on it, in the manner prescribed, the number plates issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence term of that motor vehicle or trailer, or

(c) that has displayed on it a number plate other than those issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence term of that motor vehicle or trailer.

(2) Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized under section 217 (1) (a) to inspect motor vehicles may

(a) seize a number plate

(i) that the officer, constable or inspector finds detached from a motor vehicle or trailer or displayed on a motor vehicle or trailer other than the one for which it was issued, or

(ii) that is required under this Act or by a direction of the Insurance Corporation of British Columbia to be surrendered, and

(b) hold the number plate until the receipt of instructions from the Insurance Corporation of British Columbia as to its disposal.

(3) Subsection (2) applies in respect of number plates and motor vehicles whether on a highway or elsewhere, and for the purposes of that subsection an officer or constable of the Royal Canadian Mounted Police or the police department of a municipality may enter without warrant the land or premises of any person on or in which there is a motor vehicle or trailer.

(4) Subsection (2) does not apply to dealers' number plates used as permitted by this Act or to number plates detached under the regulations.

Change of address or name

(2) In case of a change of name, by marriage or otherwise, of the owner of a vehicle licensed under this Act, the owner must within 10 days notify the Insurance Corporation of British Columbia in writing of the former name and the new name in full.

Notice of change made in motor vehicle

(a) replacing the chassis by another,

(b) replacing the body by another,

(c) changing the type of the motor vehicle for another;

(d) changing the style or colour of the body, or

(e) changing the type of fuel system,

the owner of the motor vehicle must immediately deliver to the Insurance Corporation of British Columbia a notice in writing stating the nature of the change and other particulars the corporation requires.

(2) The last licence issued for the motor vehicle under this Act must be attached to the notice under subsection (1) for surrender to the Insurance Corporation of British Columbia, and any alteration in the amount of the annual licence fee payable for the motor vehicle due to the change must immediately be adjusted by rebate or payment.

(3) The Insurance Corporation of British Columbia must then issue to the owner a new licence for the operation of the motor vehicle, and may require the substitution of new number plates for those last issued for that motor vehicle and the payment of the prescribed fee for them.

New vehicle identification numbers

(a) the vehicle identification number on a motor vehicle or trailer has become illegible or has been removed or obliterated;

(b) a vehicle identification number is not the same as any other vehicle identification number on the motor vehicle or trailer;

(c) the motor vehicle or trailer does not have a vehicle identification number.

(2) On being satisfied that the applicant is the lawful owner of the motor vehicle or trailer, the Insurance Corporation of British Columbia may assign a new vehicle identification number to it, and the owner must then cause the number so assigned, with the initials "B.C." to indicate British Columbia, and the date of the assignment of the number to be applied by a method designated by the corporation on the part or parts of the motor vehicle or trailer designated by the corporation.

(3) If the Insurance Corporation of British Columbia is satisfied that a new vehicle identification number has been assigned to and applied to a motor vehicle or trailer under this section, the corporation must cause the new number to be inserted in the registration record and licence of the motor vehicle or trailer.

(4) This section does not apply to a trailer licensed under this Act with a licensed vehicle weight of 1400 kg or less.

Transfer of motor vehicle

(2) If there is a transfer, by operation of law, of the title or interest of an owner of a motor vehicle or trailer registered under section 3, by way of inheritance, bequest, order in bankruptcy, execution sale, repossession on default in performance of a lease or conditional sale contract, or other means than the voluntary act of the person whose title or interest is transferred,

(a) the notice of transfer under this section must be signed by the executor, administrator, receiver, trustee, sheriff or other representative or successor in interest of the person whose title or interest is so transferred in place of that person, and

(b) the person signing must transmit to the Insurance Corporation of British Columbia evidence satisfactory to the corporation of all facts entitling that person to sign the notice of transfer.

(3) The form of the notice of transfer under subsection (2) may be varied in accordance with the facts of the case.

(4) All documents required to be transmitted to the Insurance Corporation of British Columbia under this section may be delivered to the corporation, a government agent or a person authorized in writing by the corporation for the purposes of this section, but in every case the person delivering the notice of transfer must at the same time surrender the licence last issued under section 3 for the motor vehicle or trailer, and the person to whom it is surrendered must endorse on it a memorandum of the notice of transfer and the date of its delivery to him or her.

(5) The Insurance Corporation of British Columbia may refuse registration under this section if a notice of transfer is delivered to the corporation for a motor vehicle or trailer and

(a) any fee or part of a fee for a previous licence issued for the motor vehicle or trailer under this Act is unpaid,

(b) the insurance premium in respect of the transfer is unpaid, or

(c) any amount owing in respect of the motor vehicle or trailer under any of the following is unpaid:

(i) the Social Service Tax Act;

(ii) the Consumption Tax Rebate and Transition Act;

(iii) section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada);

(iv) the Provincial Sales Tax Act.

Irreparable and salvage vehicles

"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 Insurance Corporation of British Columbia, and

(b) within 10 days after the transfer, the transferee must deliver the notice to the Insurance Corporation of British Columbia 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 Insurance Corporation of British Columbia, and

(b) within 10 days after the writing off, deliver the notice to the Insurance Corporation of British Columbia with the prescribed fee for its filing.

(5) Section 17 (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.

Transfer on death if estate small

Registration of dissolved company suspended

Notice of removal or destruction of motor vehicle

(a) permanently removed from British Columbia,

(b) burned or damaged so that it cannot be again repaired or used as a motor vehicle or trailer, or

(c) temporarily removed from use, and

the owner or licensee applies for a refund of insurance premium or licence fee, the owner or licensee of the motor vehicle or trailer must

(d) sign and transmit to the Insurance Corporation of British Columbia a notice in the form required by the corporation,

(e) deal with the licence as directed by the corporation,

(f) deal with the number plates for the motor vehicle or trailer as directed by the corporation, and

(g) if the owner or licensee was issued a document under section 12 (2) (c) or the corporation took an action under that provision, deal with the document as directed by the corporation or take a prescribed action.

(2) On the certificate of the Insurance Corporation of British Columbia showing the surrender of the licence for the motor vehicle or trailer covered by a notice under this section, the Minister of Finance must, out of the revenue collected under this Act, refund to the licensee that part of the licence fee that is proportionate to the part of the term of the licence that is unexpired at the time of its surrender, and in the case of a licence surrendered under subsection (1) (a) or (b), the registration of the motor vehicle or trailer under section 3 must be cancelled.

(3) Subsection (2) does not apply if the licence for a motor vehicle or trailer has been cancelled or suspended.

(4) The amount of a refund made under this section must be rounded to the nearest dollar and a refund ending in 50¢ must be raised to the next highest dollar.

(5) A refund must not be made under this section if the combined amount of

(a) the licence fee to be refunded under this section, and

(b) the insurance premium to be refunded under the Insurance (Vehicle) Act, in a circumstance described in subsection (1),

is less than $5.

Registration of foreign motor vehicles and trailers

(a) that is duly registered outside British Columbia,

(b) for which the licensing requirements of the jurisdiction in which it is registered are fulfilled, and

(c) that has displayed on it the registration number plates of that jurisdiction for the current year, or is a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing that motor vehicle behind another motor vehicle and is from a jurisdiction that does not issue registration number plates for that type of trailer,

is exempt from the requirements to register and license the motor vehicle or trailer under this Act, if

(d) the owner or operator of the motor vehicle or trailer is in British Columbia for, and uses the motor vehicle or trailer for, touring purposes only, for a period of 6 months, or

(e) the owner or operator of the motor vehicle or trailer is in British Columbia for, and uses the motor vehicle or trailer for, other than touring purposes, for a period of 30 days

from the date the owner or operator began to operate the motor vehicle or trailer on a highway in British Columbia.

(2) If a motor vehicle or trailer is owned by a person resident outside British Columbia who has complied with the laws of his or her place of residence with respect to the registration and licensing of the motor vehicle or trailer and the motor vehicle or trailer has displayed on it the registration number plates for the current year assigned under those laws for that motor vehicle or trailer and is brought into British Columbia

(a) for temporary use by a member of Her Majesty's Armed Forces on temporary posting in British Columbia for training purposes only for a period not exceeding 6 months, or

(b) by a person for the period that the person is registered as a full time student at and attends any of the following educational institutions:

(i) a university, as defined in the University Act;

(ii) an institution, as defined in the College and Institute Act;

(iii) [Repealed 2004-33-21.]

(iv) the University of Northern British Columbia;

(v) [Repealed 2002-35-9.]

(v.1) the Thompson Rivers University;

(vi) Royal Roads University;

(vii) [Repealed 2003-48-20.]

(viii) any other educational institution in the Province that is authorized under an enactment to grant degrees or is designated under section 3 (1) (a) of the Canada Student Financial Assistance Act,

then, at the earliest opportunity and in any event not later than 30 days after the motor vehicle or trailer is brought into British Columbia, the owner must cause the motor vehicle or trailer to be registered with the Insurance Corporation of British Columbia by delivering to the corporation, a government agent or a person authorized in writing by the corporation to receive it a notice in the form required by the corporation and by giving proof of financial responsibility under sections 106 to 113.

(3) 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 106 to 113 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.

(4) On receipt of the notice in the form required by the Insurance Corporation of British Columbia and proof of financial responsibility, and on being satisfied of the truth of the facts stated in the notice, the corporation must cause to be issued to the owner a certificate of registration in the form established by the corporation, together with a windshield sticker of a design approved by the corporation.

(5) The motor vehicle or trailer, with the sticker conspicuously displayed on the lower part of its windshield in the case of a motor vehicle other than a motorcycle, while being used by the owner within British Columbia for the purpose mentioned in subsection (2) during the period named in the certificate is deemed sufficiently registered and licensed for the purposes of this Act.

(6) A motor vehicle or trailer is not, merely because of compliance with this section, deemed to be sufficiently registered and licensed for the purposes of this Act for a longer period than that allowed by the law of the owner's place of residence for the operation there without local registration or licence of touring motor vehicles and trailers registered and licensed in British Columbia, but this subsection does not apply to permits issued under subsection (2).

(7) A person commits an offence who

(a) drives or operates a motor vehicle or trailer on a highway

(i) after the period of 6 months permitted in subsection (1) (d),

(ii) after the period of 30 days permitted in subsection (1) (e),

(b) makes a false statement in a notice given by the person for the purposes of this section,

(c) being in possession of a motor vehicle or trailer for which a certificate of registration has been issued under this section, and being requested by a peace officer or constable to exhibit the certificate, refuses or fails to do so,

(d) fails to give proof of financial responsibility under subsection (2), or

(e) 30 days or more after entry into British Columbia of a motor vehicle or trailer that is required to be registered under subsection (2) but in respect of which notice has not been delivered in accordance with subsection (2), drives or operates the motor vehicle or trailer on a highway.

Reciprocal arrangements

(a) exempting any class of owners of motor vehicles who are ordinarily resident in that other province, state or territory from the provisions of this Act relating to

(i) registration and licensing of motor vehicles, and

(ii) carrying and displaying on motor vehicles licences and number plates issued by the Insurance Corporation of British Columbia, and

(b) providing for the granting by that other province, state or territory of similar exemptions and privileges to owners of motor vehicles who are ordinarily resident in British Columbia.

(2) Every arrangement or agreement made under subsection (1) and each exemption under it is subject to

(a) the condition that no person is entitled to an exemption or privilege under it for a motor vehicle in British Columbia unless the owner of the motor vehicle

(i) has complied with the law of his or her place of residence relating to the registration and licensing of motor vehicles, and

(ii) carries or causes to be carried on the motor vehicle the certificate or licence and the number plates prescribed by the law of that place,

(b) all other conditions and restrictions set out in the arrangement or agreement, and

(c) cancellation by the Lieutenant Governor in Council.

Classes of drivers' licences

(a) the minimum amount of driving experience, minimum driving skills or other qualifications that the holder of the class of licence is required to have;

(a.1) a requirement that the holder of the class of licence has successfully completed a training course that is

(i) approved by the Insurance Corporation of British Columbia, and

(ii) provided by a person or organization authorized by the corporation to provide the training course;

(b) the ages of the drivers to whom a licence of that class may be issued;

(c) the categories of motor vehicles that the holder of the class of licence is licensed to drive.

(2) The driving experience, driving skills or other qualifications referred to in subsection (1) (a) may be measured by one or more of the following:

(a) the length of time a person has held a valid driver's licence issued under this Act or in another jurisdiction;

(b) a person's driving record, if any, from this or any other jurisdiction;

(c) other prescribed means.

(2.1) For the purposes of a regulation under subsection (1) (a), the Lieutenant Governor in Council may do one or more of the following:

(a) delegate to the Insurance Corporation of British Columbia the power to determine whether a class of driver's licence issued by another jurisdiction is similar to a class of driver's licence prescribed under this Act;

(b) delegate to the Insurance Corporation of British Columbia the power to determine whether an offence under a law of another jurisdiction is similar to

(i) an offence under this Act, or

(ii) a motor vehicle related offence under the Criminal Code;

(c) confer a discretion on the Insurance Corporation of British Columbia with respect to a matter described in paragraph (a) or (b).

(2.2) For the purposes of a regulation under subsection (1) (a.1), the Lieutenant Governor in Council may do one or more of the following:

(a) exempt a class of persons, or delegate to the Insurance Corporation of British Columbia the power to exempt a class of persons, from the requirement prescribed under subsection (1) (a.1) to have successfully completed a training course;

(b) delegate to the Insurance Corporation of British Columbia the power to determine whether a training course in another jurisdiction is similar to a training course approved under subsection (1) (a.1);

(c) confer a discretion on the Insurance Corporation of British Columbia with respect to a matter described in paragraph (a) or (b) of this subsection.

(3) The authority to drive conferred by each class of licence prescribed under this section is confined to the driving of motor vehicles of the category designated for that class.

(4) A regulation made under subsection (1) does not affect a driver's licence issued to a person before the regulation is made, and the driver's licence remains in force until it expires or is suspended, revoked, cancelled or surrendered.

Offences

(2) A person who contravenes subsection (1) commits an offence.

(3) A person must not drive or operate a motor vehicle or trailer on a highway unless

(a) the person is insured under a valid and subsisting driver's certificate, and

(b) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

(4) [Repealed 1997-43-3.]

(5) A person who contravenes subsection (3) commits an offence and is liable on conviction

(a) if the contravention is under subsection (3) (a), to a fine of not more than $250 or to imprisonment for not more than 3 months, or to both, and

(b) if the contravention is under subsection (3) (b), to a fine of not less than $300 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

(6) A person commits an offence if the person

(a) produces to a peace officer or to the Insurance Corporation of British Columbia any of the following:

(i) a motor vehicle liability insurance card or a financial responsibility card purporting to show that there is in force a policy of insurance that is, in fact, not in force;

(ii) a financial responsibility card purporting to show that the person is at that time maintaining in effect proof of financial responsibility as required by this Act when that is not the case;

(iii) a motor vehicle liability insurance card or a financial responsibility card issued in respect of insurance that does not apply to the motor vehicle the person is driving or operating;

(iv) a driver's certificate in the name of another person,

(b) gives or loans to a person not entitled to have it a motor vehicle liability insurance card or a financial responsibility card, or

(c) fails to deliver to the Insurance Corporation of British Columbia for cancellation as required by section 112 a financial responsibility card.

(7) Subsection (3) does not apply to a motor vehicle or trailer registered or owned by a person resident outside British Columbia that complies with section 21, or to a driver or operator resident outside British Columbia who complies with section 34, unless

(a) the Insurance Corporation of British Columbia has required proof of financial responsibility under this Act and the owner or driver has not given proof satisfactory to the corporation, or

(b) the licence of the owner or driver has been suspended under this Act.

(c) [Repealed 1997-31-5.]

Residency requirement

(a) who is ordinarily resident in British Columbia, or

(b) who is in a prescribed class of persons.

(2) A person is not eligible to hold a driver's licence issued under this Act unless the person is a resident of British Columbia.

(3) The Insurance Corporation of British Columbia may, at any time, request evidence that a person is a resident of British Columbia for the purposes of this Act or the regulations.

Application for licence

(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 premium for the driver's certificate.

(1.1) For the purposes of subsection (1), an applicant must provide the following:

(a) the address of the applicant's primary residence in British Columbia unless another address is prescribed by regulation;

(b) documentary proof satisfactory to the Insurance Corporation of British Columbia of the applicant's identity.

(1.2) An applicant for a driver's licence referred to in subsection (1) who wishes the driver's licence to indicate that the applicant is a Canadian citizen must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(a) provide documentary proof of Canadian citizenship satisfactory to the Insurance Corporation of British Columbia,

(b) sign an application in the form required by the Insurance Corporation of British Columbia,

(c) pay the prescribed fee, and

(d) meet the requirements set out in the regulations.

(1.3) An applicant for a driver's licence referred to in subsection (1), other than an applicant within a prescribed category, who wishes the driver's licence to indicate that the applicant is a beneficiary under the Medicare Protection Act must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(a) provide proof of enrolment as a beneficiary under the Medicare Protection Act,

(b) sign an application in the form required by the Insurance Corporation of British Columbia,

(c) pay

(i) the fee prescribed under this Act, and

(ii) any fee prescribed under section 51 (2) (n) of the Medicare Protection Act that applies to an application to renew enrolment as a beneficiary under that Act, and

(d) meet the requirements set out in the regulations.

(2) 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.

(2.1) For the purposes of making an application for a driver's licence under subsection (1), the Insurance Corporation of British Columbia 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 corporation must enter the information electronically into a database for storage,

(b) the corporation must reproduce the information that has been stored in the database in a record that is in paper format and must 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 must

(i) sign the paper record, and

(ii) supply a signature by a means required by the corporation that allows the corporation 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 sections 90.4 (3) and 95 (3).

(3) For the purpose of determining an applicant's driving experience, driving skills, qualifications, fitness and ability to drive and operate any category of motor vehicle designated for that class of driver's licence for which the application is made, the applicant must

(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,

(b) 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),

(b.1) provide the corporation with information required to measure the applicant's driving experience, driving skills and qualifications,

(c) provide the superintendent with other information the superintendent considers necessary to allow the superintendent to carry out the superintendent's powers, duties and functions,

(d) submit to having the applicant's picture taken, and

(e) if required by or on behalf of the corporation, identify themselves to the corporation's satisfaction.

(4) If the applicant for a driver's licence has at any time before making the application held a driver's licence issued under this Act or in another jurisdiction, the applicant must, at the time that the applicant is issued a driver's licence under this Act, surrender the last driver's licence or duplicate of it held by the applicant, unless the Insurance Corporation of British Columbia on cause shown to the corporation's satisfaction dispenses with its production.

(5) At the same time that a person has a driver's licence issued under this Act, the person must not have a driver's licence issued by another jurisdiction or have another driver's licence previously issued under this Act.

(6) An applicant for a driver's licence who when requested to do so fails to demonstrate the applicant's ability to read and understand warning and other road signs and signals in use on a highway to the satisfaction of the Insurance Corporation of British Columbia must not be granted a licence under this Act.

(7) The Insurance Corporation of British Columbia must issue or 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 driver's certificate, if all of the following are met:

(a) the corporation has received the application and evaluation required under subsection (1), (1.2) or (1.3) of this section, as applicable;

(b) the corporation is satisfied of the completeness of the application and the truth of the facts stated in the application;

(c) the corporation is satisfied that the applicant is a resident of British Columbia as defined in section 24.1 (1);

(d) all of the prescribed fees and the premium for the driver's certificate have been paid;

(e) subject to subsections (9) and (9.1) of this section, the corporation is satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category.

(8) The Lieutenant Governor in Council may make regulations respecting the issuance of a driver's licence to a person who is learning to drive one or more categories of motor vehicles, prescribing

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

(b) the duration of the licence,

(c) requirements additional to any restriction to which the licence is subject under subsection (10), and

(d) a minimum waiting period before holders of those licences may submit themselves to examinations under this section with respect to their ability to drive or operate a motor vehicle.

(8.1) For the purposes of subsection (8) (d), the Insurance Corporation of British Columbia may

(a) approve driver education courses given by a driver training school licensed under the regulations, and

(b) reduce the minimum waiting period prescribed under that subsection for persons who have successfully completed a driver education course approved under paragraph (a).

(9) 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.

(9.1) The corporation may refuse to issue a driver's licence that indicates that the holder is a beneficiary under the Medicare Protection Act if it would not be practicable to do so in the circumstances.

(10) For a driver's licence of any class of persons, the Lieutenant Governor in Council, 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,

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

(f) establish the length of time or the method of determining the length of time during which a restriction imposed on or a condition added to the driver's licence under this subsection is to apply, and

(g) empower the superintendent or the Insurance Corporation of British Columbia, in prescribed circumstances or for prescribed purposes, to exempt unconditionally or on conditions the superintendent or the corporation, as the case may be, considers desirable, a member of the class of persons from any restriction imposed on or condition added to the driver's licence of that class of persons.

(10.1) Without limiting subsection (10), the Lieutenant Governor in Council may, by regulation, impose a condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not operate a motor vehicle, or category of motor vehicle, while having alcohol in the holder's body.

(10.101) Without limiting subsection (10) or (10.1), the Lieutenant Governor in Council may, by regulation, impose a condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not operate a motor vehicle, or category of motor vehicle, while having a prescribed drug in the holder's body.

(10.11) Without limiting subsection (10), (10.1) or (10.101), the Lieutenant Governor in Council may, by regulation,

(a) impose a restriction or condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not use an electronic device within the meaning of Part 3.1 while driving or operating a motor vehicle on a highway, and

(b) set out exceptions to a restriction or condition referred to in paragraph (a) that are not inconsistent with Part 3.1.

(10.2) [Repealed 2011-13-132.]

(10.3) [Not in force.]

(10.4) The Lieutenant Governor in Council may, for the purposes of complying with a prescribed international agreement, make regulations respecting requirements, restrictions or conditions for a driver's licence or respecting statements in, endorsements on or attachments to a driver's licence.

(11) A regulation made under subsection (8), (10), (10.1), (10.101) or (10.11) may specify that a requirement, restriction or condition is applicable to and conclusively deemed to be part of

(a) any driver's licence, whether it is issued before or after the coming into force of the regulation,

(b) only those drivers' licences issued after the coming into force of the regulation, or

(c) any driver's licence issued on or after a date specified in the regulation.

(12) Despite 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.

(13) The Insurance Corporation of British Columbia must, as soon as practicable after a restriction or condition is imposed on a person's driver's licence, ensure that the restriction or condition is reflected on that licence by means of the appropriate statement in, endorsement on or attachment to that licence, in accordance with the requirements of the superintendent.

(14) Despite 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.

(14.1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) setting out additional requirements that must be met by an applicant for a driver's licence that indicates the driver is a Canadian citizen or a beneficiary under the Medicare Protection Act;

(b) setting out requirements that must be met or continue to be met by a person who holds a driver's licence that indicates the driver is a Canadian citizen or a beneficiary under the Medicare Protection Act;

(c) setting out reasons for which a driver's licence that indicates the driver is a Canadian citizen may be cancelled;

(d) specifying that subsection (1.2) does not apply to a class of driver's licence;

(e) specifying that subsection (1.3) does not apply to a category of drivers, and establishing categories for this purpose;

(f) respecting the manner in which a driver's licence indicates that the driver is a beneficiary under the Medicare Protection Act.

(15) 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.

Retention or seizure of records

(a) presented to the employee, government agent or person as part of an application for a driver's licence or an identification card, or

(b) presented to the employee, government agent or person for the purpose of maintaining a record relating to a driver's licence or an identification card.

(2) Subject to subsection (3), if a record is retained or seized in accordance with subsection (1), the Insurance Corporation of British Columbia may, in addition,

(a) return the record to the person or government that issued or created it,

(b) return the record to the person who presented it, or

(c) destroy the record.

(3) The Insurance Corporation of British Columbia must return a record to the person who presented it within 30 days unless

(a) this Act requires that the record be surrendered, or

(b) the corporation determines that retention or seizure of the record for a longer period is necessary for the purposes of this Act.

Remedial courses and programs for drivers

(a) a driver training course specified by the superintendent;

(b) a remedial program or a component of it specified by the superintendent;

(c) an ignition interlock program specified by the superintendent.

(2) Subject to subsection (5), the superintendent may require a statement in, endorsement on or attachment to the person's driver's licence, adding as a condition of the driver's licence that the person, in order to continue to hold the licence, must attend or participate in and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1).

(3) The superintendent may

(a) as part of a condition of a driver's licence under subsection (2), specify a date by which or a period of time during which the person must complete the program, and

(b) at any time extend, change or cancel a date or period of time specified under paragraph (a).

(4) [Repealed 2015-13-1.]

(5) If it is, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in a course or program referred to in subsection (1), the superintendent may require that the person attend and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1) (a) or (b) before being eligible to apply for a driver's licence under section 25.

(6) The fact that a person is required to attend or participate in and complete a program under section 25.2 does not affect the superintendent's power in respect of another course or program under subsection (2) or (5) of this section in respect of that person.

(7) [Repealed 2015-13-1.]

Mandatory programs for drivers

(a) a remedial program or component of it specified by the superintendent;

(b) an ignition interlock program specified by the superintendent.

(2) If the circumstances or conditions described in the regulations apply to a person and it is, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in a program referred to in subsection (1) (a), the superintendent must require that the person attend and complete, in accordance with the regulations, that program before being eligible to apply for a driver's licence under section 25.

(3) The obligations of the superintendent under subsections (1) and (2) do not apply in respect of a person who has completed, after those circumstances or conditions described in the regulations applied to the person, a program outside of British Columbia that

(a) corresponds to the program that the person would otherwise be required to attend or participate in and complete, in accordance with the regulations,

(b) was sanctioned by the government of the jurisdiction in which the program was completed, and

(c) is acceptable to the superintendent.

Matters related to courses and programs for drivers

(2) A person who is required to attend or participate in a program referred to in section 25.1, 25.2 or 233 must pay

(a) to the government the prescribed fees, and

(b) to the provider of the program any charges provided for in the contract between the government and the provider.

(3) Nothing in section 25.1, 25.2 or 233 limits the application of sections 25 (12), 29, 92 and 93.

Refusal to issue a licence, permit, etc.

(a) [Repealed 1997-43-6.]

(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness,

(c) is indebted to the government because of the person's failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i) a motor vehicle related Criminal Code offence,

(ii) the Motor Vehicle Act,

(iii) the Commercial Transport Act,

(iv) the Motor Fuel Tax Act,

(v) the Transportation Act,

(v.1) the Liquor Control and Licensing Act, whether the indebtedness arose before or after this subparagraph comes into force,

(vi) the Passenger Transportation Act,

(vii) [Repealed 2014-5-50.]

(viii) [Repealed 2007-14-155.]

(ix) the South Coast British Columbia Transportation Authority Act, whether the indebtedness arose before or after this subparagraph comes into force,

(x) the British Columbia Transit Act, whether the indebtedness arose before or after this subparagraph comes into force,

(xi) the Off-Road Vehicle Act,

(xii) the COVID-19 Related Measures Act, whether the indebtedness arose before or after this subparagraph comes into force,

(xiii) the Emergency Program Act, whether the indebtedness arose before or after this subparagraph comes into force, or

(xiv) the Emergency and Disaster Management Act,

(d) is prohibited from driving a motor vehicle

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(e) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act,

(f) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act,

(f.1) is indebted to the authority, as that term is defined in the South Coast British Columbia Transportation Authority Act, under section 250 of that Act,

(g) is refused a driver's licence in another province for failure to pay maintenance, support or alimony in that province,

(h) is indebted to the government because of the person's failure to pay a monetary penalty imposed on the person under section 215.44 of this Act, or

(i) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) of this Act, directs the Insurance Corporation of British Columbia to refuse the issuance.

(2) The Insurance Corporation of British Columbia may refuse to issue a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person and any permit to a person who

(a) has not, in the current or a preceding year

(i) [Repealed 1997-43-6.]

(ii) obtained a motor vehicle liability policy for a motor vehicle or trailer owned by the person,

(iii) [Repealed 1997-43-6.]

(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness,

(c) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act,

(d) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act,

(d.1) is indebted to the authority, as that term is defined in the South Coast British Columbia Transportation Authority Act, under section 250 of that Act, or

(e) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) (b), directs the Insurance Corporation of British Columbia to refuse the issuance.

(3) The Insurance Corporation of British Columbia may refuse to issue

(a) any permit to a person, and

(b) a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person

who is indebted to the government because of the person's failure to pay

(c) a monetary penalty imposed under section 215.44 of this Act, or

(d) a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i) a motor vehicle related Criminal Code offence, or

(ii) an enactment referred to in subsection (1) (c) (ii) to (xiii) of this section, or

(e) an indebtedness arising under Part 12 of the South Coast British Columbia Transportation Authority Act.

(4) Subsections (1) (c) and (d) and (3) apply in respect of

(a) drivers' licences, licences, permits and number plates issued before, on or after the date those subsections come into force,

(b) convictions imposed before, on or after the date those subsections come into force, and

(c) prohibitions imposed before, on or after the date those subsections come into force.

(5) Under this section, the Insurance Corporation of British Columbia may refuse to issue a licence, number plates or a permit due to a person who is indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim, until the corporation has been repaid the amount of the indebtedness.

(6) For the purpose of this section, a person who pays by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment, whether in person or through another savings institution, is deemed not to have paid.

(7) For the purpose of this section, the production of a cheque, bill of exchange or order to pay on which is marked "Under clearing rules, this item must not be cleared again unless certified" or other words importing that payment was not made by the savings institution, is evidence that payment was not made.

Cancellation of driver's licence

(a) is indebted to the Insurance Corporation of British Columbia for a motor vehicle indebtedness or to the government for a fine indebtedness or a monetary penalty under section 215.44, or

(b) in respect of an application by the person for a driver's licence, or for the purpose of maintaining a record relating to the person's driver's licence,

(i) makes a false or misleading statement,

(ii) fails to disclose information that is required to be disclosed,

(iii) presents a fraudulent or fraudulently altered record, or

(iv) fraudulently uses a record,

the corporation may, with or without holding a hearing or refunding the fees for the licence, cancel the driver's licence of the person.

(2) The Insurance Corporation of British Columbia must not exercise a right referred to in subsection (1) in respect of paragraph (a) of that subsection unless

(a) the corporation mails to the debtor, by registered mail, at the debtor's most recent address recorded in the corporation's records, a written demand for payment of that motor vehicle indebtedness or fine indebtedness together with a notice of any action the corporation intends to take under this section and of any appeal rights available to the debtor under section 118.7, and

(b) the debtor does not, within 30 days after the date of mailing, pay the motor vehicle indebtedness or fine indebtedness or make arrangements satisfactory to the corporation for its payment.

(2.1) Despite any other provision of this Act or the regulations, the Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel the driver's licence of a person who holds a driver's licence that indicates the person is a Canadian citizen

(a) if the person does not meet or no longer meets the requirements set out in regulations under section 25 (14.1) (b), or

(b) for another reason set out in regulations under section 25 (14.1) (c).

(2.2) The Insurance Corporation of British Columbia may, with notice, cancel a driver's licence if either of the following applies:

(a) the licence was issued to a person despite the person not satisfying a requirement for the issuance of that class of licence and the person, after receiving notice, does not satisfy the requirement for the issuance of the licence within a time limit established by the corporation;

(b) the licence was issued in prescribed circumstances.

(2.3) The Insurance Corporation of British Columbia may, with notice, cancel a driver's licence if either of the following applies:

(a) the corporation requests evidence under section 24.1 (3) that the person holding the driver's licence is a resident of British Columbia as defined in section 24.1 (1) and no evidence is provided;

(b) the corporation is not satisfied that the person is a resident of British Columbia as defined in section 24.1 (1).

(3) If a person is notified that the person's driver's licence has been cancelled under this section, the person must,

(a) if notified of the cancellation by mail, immediately send the driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the corporation to do anything under this Act, surrender the driver's licence to the serving peace officer, sheriff or person.

Short term driver's licence

(a) a fine indebtedness, or

(b) a motor vehicle indebtedness.

(2) A licence issued under subsection (1) is subject to the condition that the person to whom the licence is issued complies with the arrangement referred to in that subsection.

(3) The Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel a driver's licence issued under subsection (1) if the person to whom it is issued fails to comply with the condition set out in subsection (2).

(4) If a person is notified that the person's driver's licence has been cancelled under this section, the person must

(a) if notified of the cancellation by mail, immediately send the driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia to do anything under this Act, surrender the driver's licence to the serving peace officer, sheriff or person.

Inspection of vehicles and refusal to issue licence

(a) a licence and corresponding number plates, and

(b) a permit

for a motor vehicle or trailer that is required under section 216 or 219 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 a permit for a motor vehicle or trailer that is required under section 216 to be presented for inspection and has not been presented for inspection or has not passed inspection.

Not in force. Repealed.

Inspection of vehicles and refusal of licence or permit

(a) a licence and corresponding number plates, and

(b) a permit.

Refusal to issue licence and plates for irreparable and salvage vehicles

(a) notification for the vehicle has been received under section 17.1 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.

Examination of licensees

(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 the person is licensed.

No refund for driver's licence fee

(a) the driver's licence is

(i) voluntarily surrendered, or

(ii) suspended, or

(b) the person to whom the licence is issued is prohibited from driving a motor vehicle

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was.

Change of address or name

(a) notify the Insurance Corporation of British Columbia of the change, stating

(i) the number of the person's licence,

(ii) the person's former address, and

(iii) the person's new address that meets the requirement under section 25 (1.1) (a), and

(b) provide proof satisfactory to the corporation of the person's identity.

(1.1) A person who holds a driver's licence that indicates the driver is a Canadian citizen and who reports a change of address under subsection (1) must

(a) surrender the person's existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence,

(b) comply with the requirements of section 25 (1.2) (a) and (3) (d), and

(c) continue to meet requirements set under section 25 (1.2) (d).

(1.2) If a person complies with subsection (1.1), the Insurance Corporation of British Columbia must issue a duplicate licence to the person.

(2) In case of a change of name, by marriage or otherwise, of the holder of a driver's licence issued under this Act, the person must, within 10 days of the change of name, notify in person the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of section 25 (1) of the number of the driver's licence and the former name and the new name in full.

(3) A person who reports a change of name under subsection (2) must

(a) surrender the person's existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence in the person's new name,

(b) comply with the requirements of section 25 (3) (d) and (e), and

(c) submit proof to the Insurance Corporation of British Columbia's satisfaction of the change of name.

(3.1) A person who holds a driver's licence that indicates the driver is a Canadian citizen and who reports a change of name under subsection (2) must, in addition to the requirements of subsection (3),

(a) comply with the requirements of section 25 (1.2) (a), and

(b) continue to meet requirements set under section 25 (1.2) (d).

(4) If a person complies with subsection (3) or (3.1), the Insurance Corporation of British Columbia must issue a duplicate licence in the new name.

Application for minor's licence

Production of licence and liability card, duplicates

(a) a person driving or operating a motor vehicle exempted under section 2 (5) or section 8 or 10, or

(b) a person driving or operating a motor vehicle of a fire department of a municipality,

must have the person's driver's licence and driver's certificate and a motor vehicle liability insurance card or financial responsibility card, issued for the motor vehicle the person is driving or operating, in the person's possession at all times while driving or operating that motor vehicle on a highway, and must produce the licence, certificate and card for inspection on demand of a peace officer.

(2) If a driver's licence issued to a person under this Act is lost, mutilated or destroyed, the person may obtain a duplicate licence on application in the form required by the Insurance Corporation of British Columbia and payment of the prescribed fee if the person

(a) surrenders to the corporation the person's existing licence if it is mutilated but not lost or destroyed, and

(b) complies with the requirements of section 25 (3) (d) and (e).

(2.1) If a driver's licence that indicates the driver is a Canadian citizen and that is issued to a person under this Act is lost, mutilated or destroyed, the person may obtain a duplicate licence if, in addition to the requirements of subsection (2), the person

(a) complies with the requirements of section 25 (1.2) (a), and

(b) continues to meet requirements set under section 25 (1.2) (d).

(3) A person who has obtained a duplicate licence under subsection (2)

(a) must, on finding that the licence in place of which the duplicate was issued was not lost or destroyed, or on finding or recovering the licence in place of which the duplicate was issued, immediately surrender the licence in place of which the duplicate licence was issued to the Insurance Corporation of British Columbia, and

(b) must not by conduct, words or otherwise attempt to represent that the licence in place of which the duplicate was issued is the person's subsisting licence.

Exemption of non-resident and new resident drivers

(a) a motor vehicle registered under section 3;

(b) a motor vehicle registered under section 21 during the period named in the certificate of registration issued under that section;

(c) a motor vehicle operated under a permit issued pursuant to a regulation made under section 11 (2) (d) of the Commercial Transport Act;

(d) a motor vehicle operated under a reciprocal arrangement or agreement made under section 10 of the Commercial Transport Act;

(e) a commercial vehicle registered and licensed under the Commercial Transport Act;

(f) a motor vehicle or trailer in respect of which the owner is exempted under section 21 (1), but only for the period limited by that subsection;

(g) a motor vehicle operated under a permit granted under a regulation under section 210 (2) (j).

(1.1) Subject to subsection (1.2), the following persons are exempt, for the period specified, from the requirements respecting the holding of a driver's licence issued to the person under this Act:

(a) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where the person is ordinarily resident, for 6 months from the date the person last entered British Columbia;

(b) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws of the jurisdiction where the person was most recently ordinarily resident, for 90 days after the person becomes a resident of British Columbia as defined in section 24.1 (1) (a);

(c) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where the person is ordinarily resident, for the period that the person is registered as a full time student at and attends any of the educational institutions listed in section 21 (2) (b);

(i) to (viii) [Repealed 2003-7-42.]

(d) a person who

(i) has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where the person is ordinarily resident,

(ii) has entered into an agreement under which the person will work in British Columbia, as part of a program or in the circumstances specified by regulation, for a period longer than 6 months but shorter than one year, and

(iii) is in a prescribed class of persons,

for the period during which the person works in British Columbia under the agreement.

(1.2) A person claiming an exemption under subsection (1.1) must carry with the person a valid and subsisting driver's or operator's licence or permit while operating a motor vehicle referred to in subsection (1) and must produce that driver's or operator's licence or permit to a peace officer on demand.

(2) A person exempt under subsection (1.1) is also exempt for the same period, while driving or operating in British Columbia a motor vehicle set out in subsection (1) (b), (c) or (d), from the requirements respecting the holding of a motor vehicle liability insurance card or a financial responsibility card, subject, in every case, to the person giving the Insurance Corporation of British Columbia proof of financial responsibility under sections 106 to 113.

Repealed

Municipal chauffeur permits

(2) [Repealed 2008-15-22.]

(3) A chauffeur, within a municipality that has passed a bylaw under subsection (11), must not drive, operate or be in charge of a motor vehicle carrying passengers for hire unless the chauffeur holds a permit for that purpose issued to the chauffeur by the chief of police of the municipality.

(4) A chauffeur to whom a permit is issued under subsection (3) must comply with all regulations made by the municipality that are not repugnant to this Act or the regulations.

(5) If the police chief of the municipality, on proof to the police chief's satisfaction, believes that a person holding a permit under subsection (3), because of the person's use of or dealing in intoxicants or narcotic drugs or any other reason, is unfit to act as a chauffeur, the police chief may suspend or cancel the permit.

(6) If an applicant for a chauffeur's permit is refused or a chauffeur's permit is suspended or cancelled by the chief of police in a municipality, the chief of police must within 24 hours after the refusal, suspension or cancellation notify the applicant or holder in writing stating the grounds.

(7) An appeal lies to the council of the municipality from a refusal, suspension or cancellation under subsection (6).

(8) On an appeal under subsection (7), the decision of the council is final.

(9) A fee must not be payable for a permit issued under subsection (3).

(10) A chauffeur who holds a permit granted or issued under this section must

(a) have it in the chauffeur's possession at all times while driving or operating a motor vehicle on a highway, and

(b) produce it for inspection at any time on the demand of a peace officer or constable.

(11) Subject to subsection (12), the council of a municipality may by bylaw provide for the regulation, in accordance with this section, of chauffeurs in the municipality and for the issue of permits to chauffeurs by the chief of police.

(12) The council of a municipality must not by bylaw under subsection (11) regulate in relation to chauffeurs who operate motor vehicles under passenger directed vehicle authorizations or transportation network services authorizations.

Employment of unlicensed driver

(2) A person who contravenes subsection (1) commits an offence.

Demonstration licence

(a) a dealer, or

(b) a person other than a dealer who

(i) is engaged in the business of selling motor vehicles or trailers, and

(ii) establishes to the Insurance Corporation of British Columbia's satisfaction that the person requires a demonstration licence in connection with that business.

(2) An application for a demonstration licence must be

(a) made in the form required by the Insurance Corporation of British Columbia,

(b) signed by the applicant,

(c) accompanied by an application in the prescribed form for a motor vehicle liability policy under the Insurance (Vehicle) Act in respect of each demonstration licence and number plate issued under this section,

(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,

(e) accompanied by the prescribed fees and insurance premium, and

(f) in the case of an application by a dealer, accompanied by a copy of a valid motor dealer's licence issued under the Motor Dealer Act.

(3) On receiving the application in the form required by the Insurance Corporation of British Columbia, the corporation may issue the applicant a demonstration licence and distinctive demonstration number plate authorizing the applicant to operate a vehicle for all purposes relating to the business to which the application pertains.

(4) A vehicle operated under subsection (3), until sold or operated otherwise than for purposes relating to the business to which the demonstration licence pertains, is deemed to be sufficiently licensed for the purpose of this Act and of the Commercial Transport Act.

(5) For the purposes of subsections (3) and (4), "purposes relating to the business" includes personal use of a vehicle of the holder of the demonstration licence by the holder, the holder's vehicle salespersons and members of the holder's or the vehicle salespersons' households, but does not include use of a vehicle for a commercial purpose not directly related to the sale of the vehicle.

(6) The Insurance Corporation of British Columbia may suspend or cancel a demonstration licence issued under this section if the corporation believes it is in the public interest.

Inspections respecting demonstration licences

(a) to enter the place of business of the holder of the demonstration licence to inspect the holder's records, and

(b) subject to subsection (2), to enter any premises in which is kept or stored for the purposes of the holder of the demonstration licence a vehicle owned, possessed or controlled by the holder and inspect all vehicles on the premises.

(2) Subsection (1) does not require the holder of a demonstration licence, or other person, to permit a peace officer access to premises described in subsection (1) that constitute a dwelling place unless required by order of the Supreme Court issued by the court on application by the Insurance Corporation of British Columbia.

Refund of fees

(2) If a holder of a demonstration licence surrenders number plates under subsection (1), or for another reason, the holder of the demonstration licence is entitled to a refund of that part of the licence fee that is proportionate to that part of the term of the licence that is unexpired at the time of its surrender, and on the certificate of the Insurance Corporation of British Columbia showing the surrender, the Minister of Finance must, subject to subsection (3), make the refund out of revenue collected under this Act.

(3) A refund must not be made under subsection (2) if the combined amount of

(a) the licence fee to be refunded under this section, and

(b) the insurance premium to be refunded under the Insurance (Vehicle) Act, in a circumstance described in subsection (2),

is less than $5.

Transporters' licences

"freight" includes personal property of every description that may be conveyed on a motor vehicle or trailer, but does not include a passenger's personal baggage;

"limited freight vehicle" means a motor vehicle operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of freight in or on the motor vehicle, but only if

(a) the operation is carried on solely under a limited number of special or individual contracts or agreements, and

(b) the motor vehicle is not available for use by the general public;

"public freight vehicle" means a motor vehicle, other than a limited freight vehicle, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of freight in or on the motor vehicle;

"transportation", with respect to freight, includes the shipment, care, handling, storage and delivery of it;

"transporter" means a person regularly engaged in the business of transporting vehicles.

(2) This section does not apply in respect of a public freight vehicle.

(3) A transporter must not engage in the business of delivery of vehicles that are

(a) not the transporter's own, and

(b) required to be registered and licensed under this Act or the Commercial Transport Act

unless the transporter holds a valid and subsisting transporter's licence issued under this section.

(4) An application for a transporter's licence must be

(a) made in the form required by the Insurance Corporation of British Columbia,

(b) signed by the transporter,

(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

(d) accompanied by the prescribed fee.

(5) On receiving the application form, the Insurance Corporation of British Columbia, if satisfied that the applicant is entitled to a transporter's licence, must issue the applicant a transporter's licence in the form established by the corporation, and a distinctive transporter number plate corresponding to the licence, authorizing the transporter to operate or tow any vehicle on the highway other than a vehicle owned by the transporter.

(6) A vehicle driven or towed on a highway under authority of a transporter's licence is deemed sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

(7) A transporter number plate must be conspicuously displayed on every vehicle that is

(a) being delivered in the course of business of a transporter, and

(b) in direct contact with the highway.

(8) A transporter number plate must not be used by a person other than

(a) a licensee, or

(b) an authorized person in the regular employ of the transporter.

(9) A person driving a vehicle that displays a transporter number plate must carry with the person and produce on demand of a peace officer evidence that the person

(a) holds a valid and subsisting licence with which the number plate was issued, or

(b) is the duly authorized regular employee of the person who holds a valid and subsisting licence with which the number plate was issued.

(10) A licence issued under this section is not transferable.

(11) A holder of a licence under this section who ceases to carry on the business of transporting vehicles must immediately transmit to the Insurance Corporation of British Columbia a notice in writing relinquishing the holder's licence and all transporter number plates held by the holder.

Manufacturer's licence

(2) An application for a manufacturer's licence must be

(a) made in the form required by the Insurance Corporation of British Columbia,

(b) signed by or on behalf of the manufacturer,

(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

(d) accompanied by the prescribed fee.

(3) On receiving the application form, the Insurance Corporation of British Columbia, if satisfied that the applicant is entitled to it, must issue the applicant a manufacturer's licence in the form established by the corporation, and a distinctive manufacturer's number plate corresponding to the licence.

(3.1) A manufacturer's licence authorizes the use or operation on a highway of a vehicle manufactured by the manufacturer for the following purposes:

(a) a road test;

(b) delivery of the vehicle to another place of business of the manufacturer;

(c) delivery of the vehicle to a purchaser.

(3.2) A vehicle referred to in subsection (3.1) (b) or (c) must be delivered without load unless

(a) the vehicle complies with safety standards under the Motor Vehicle Safety Act (Canada) and bears the national safety mark as required under that Act, and

(b) the load is comprised of vehicles manufactured by the manufacturer.

(4) A vehicle driven on a highway under authority of a manufacturer's licence is deemed sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

(5) A manufacturer's number plate must be conspicuously displayed on every vehicle being used or operated on a highway.

(6) A manufacturer's number plate must not be used by a person other than

(a) the licensee,

(b) an authorized person in the regular employ of the manufacturer, or

(c) in the case of a trailer that is being delivered, either person referred to in paragraph (a) or (b) or a person authorized by the manufacturer.

(7) A licence issued under this section is not transferable.

(8) A holder of a licence under this section who ceases to carry on the business of manufacturing vehicles must immediately transmit to the Insurance Corporation of British Columbia a notice in writing relinquishing the manufacturer's licence and all manufacturer's number plates held by the manufacturer.

Operation of motor vehicle by customer

(a) under section 41, a transporter is delivering a motor vehicle to a purchaser, or

(b) under section 42, a manufacturer is delivering a motor vehicle to a purchaser,

any person who is the purchaser of the motor vehicle or an employee of the purchaser and who has in the person's possession a written consent given to the person by the transporter or the manufacturer for the operation of the motor vehicle under this section may, for a period not exceeding 4 days from the time the written consent is given to the person, drive and operate the motor vehicle having displayed on it the transporter's number plate or manufacturer's number plate, without being the holder of a transporter's or manufacturer's licence or being accompanied by a person holding those licences.

(2) A consent is not sufficient for the purposes of this section unless the date and the hour of the day on which it is given and the signature of the person giving it are legibly written on it in ink.

Repairer's licence

(2) The Insurance Corporation of British Columbia may, on receiving an application in the form the corporation requires, and payment of the prescribed fee, and payment of the insurance fee prescribed under the Insurance (Vehicle) Act, issue to the owner of a repairer's garage a repairer's licence and the number of corresponding number plates that the owner applies for.

(3) A motor vehicle or trailer being driven, operated or towed on a highway by the owner of a repairer's garage, or the owner's agent or employee, for the purpose of repairing, testing or rendering a service incidental to the repairing or testing, of the motor vehicle or trailer, and that has attached to it a number plate issued to the owner under subsection (2), is deemed to be sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

Operation of demonstration cars by written consent

(2) A consent is not sufficient for the purposes of this subsection unless the date and the hour of the day on which it is given and the signature of the demonstration licence holder are legibly written on it in ink by the demonstration licence holder.

(3) A person may drive and operate on a highway a motor vehicle entrusted to the person by a demonstration licence holder if the person

(a) is the owner of another motor vehicle that has suffered damage through accident and that is undergoing repair in the repair shop of the demonstration licence holder,

(b) is entrusted with the motor vehicle by the demonstration licence holder for the sole purpose of use until completion of the repair referred to in paragraph (a),

(c) is in possession of a written consent given by the Insurance Corporation of British Columbia or an officer or constable of the Royal Canadian Mounted Police for the operation of the motor vehicle under this subsection,

(d) displays on the motor vehicle a demonstration licence plate issued to the demonstration licence holder, and

(e) drives and operates the motor vehicle only until completion of the repair referred to in paragraph (a).

(4) A person to whom a consent for the purpose of this section is given by a demonstration licence holder, the Insurance Corporation of British Columbia or an officer or constable of the Royal Canadian Mounted Police must at all times while driving or operating on a highway the motor vehicle for which the consent is given produce the consent for inspection on demand of a peace officer or constable.

(5) A person who is a mechanic in the regular employ of a demonstration licence holder and is entrusted with a motor vehicle by the demonstration licence holder for the sole purpose of conditioning or testing it may drive and operate the motor vehicle having displayed on it a demonstration licence plate, issued to that demonstration licence holder, on any highway.

(6) A person who is in the regular employ of a demonstration licence holder, or authorized by the demonstration licence holder in writing, and entrusted with the motor vehicle by the demonstration licence holder for the sole purpose of its transportation from a railway depot, wharf or a warehouse to a salesroom, warehouse or place of shipment, or delivery to a purchaser of the motor vehicle, may drive and operate the motor vehicle, having displayed on it a demonstration licence plate, issued to that demonstration licence holder, on any highway.

Offences

Pollution control devices on motor vehicles

(2) A person must not operate a motor vehicle of a class or type that, by regulations made under this Act or under the Environmental Management Act, is required to have installed on or incorporated in it a system or device to prevent or lessen the emission into the outdoor atmosphere of an air contaminant, unless the motor vehicle has the system or device installed on or incorporated in it and makes effective use of the system or device.

(3) A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than $50 and not more than $500.

(4) [Repealed RS1996 (Supp)-318-10.]

Repealed

Issuance of new number plate or validation decal

(2) In the case of loss, mutilation or destruction of a validation decal issued to the licensee, the Insurance Corporation of British Columbia may

(a) issue a new validation decal to the licensee if the licensee

(i) provides satisfactory proof of the loss, mutilation or destruction of a validation decal issued to the licensee,

(ii) applies in the form that the Insurance Corporation of British Columbia requires, and

(iii) pays the prescribed fee, if any, or

(b) instead of issuing new validation decals, issue a prescribed document or take a prescribed action respecting the validity of a licence.

Carrying of revenue receipt in place of licence

(2) If the licence issued for a motor vehicle has been surrendered to the Insurance Corporation of British Columbia in accordance with section 14 or 15, the provisions of section 11 respecting the carrying of the licence do not apply until a new licence in substitution for it is returned to the registered owner of the motor vehicle concerned.

Repealed

Letting vehicles for hire

(a) ascertaining by inspection of a licence or permit produced by the person to whom the motor vehicle is let that that person holds

(i) a subsisting driver's licence under this Act for the operation of that motor vehicle, or

(ii) a subsisting driver's or operator's licence or permit referred to in section 34 (1.1);

(b) having the person to whom the motor vehicle is let sign that person's name to an entry in a record book to be kept by the person carrying on business, showing the name and address of the person to whom the motor vehicle is let and the number of that person's licence or permit.

(2) A person who is required to keep a record book under this section must produce it for inspection at any time on the demand of a peace officer or constable.

Used vehicle records and plates

(a) keep a record in the form prescribed by the Insurance Corporation of British Columbia of every motor vehicle bought, sold, exchanged, dismantled or broken up by the person, and

(b) produce the record for inspection at any time on the demand of a peace officer or constable.

(2) A person who dismantles or breaks up a motor vehicle, or has a motor vehicle in the person's possession for the purpose of breaking it up or dismantling it, must immediately deliver to the Insurance Corporation of British Columbia the number plates of the motor vehicle.

Removal or obliteration of engine or vehicle identification number prohibited

(2) If, with respect to a motor vehicle, any of the circumstances referred to in section 16 (1) (a) to (c) exist and a new vehicle identification number has not been assigned to and applied on the motor vehicle under section 16, a person must not without the written consent of the Insurance Corporation of British Columbia buy, sell, exchange, dismantle or break up that motor vehicle.

Offence

Term and duration of licences

(a) is earlier suspended, revoked, cancelled or surrendered,

(b) expires on an earlier date prescribed by regulation, or

(c) expires on an earlier date because the holder of a driver's licence is prohibited from driving a motor vehicle

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was.

(2) For the purpose of subsection (1), a licence issued on February 29 expires at the end of the day on February 28 of the following year.

(3) The Insurance Corporation of British Columbia may issue a licence for a term of 11 months or less for a motor vehicle or trailer that comes within a class of motor vehicles or trailers prescribed under section 210 (2) (k) (i) and may, subject to a regulation made under section 210 (2) (k) (ii), specify on the licence the time and dates on which the term of the licence begins and expires.

(4) Subject to subsections (5), (5.1) and (6), section 27 and any regulations under this section, a driver's licence issued under this Act, other than a driver's licence issued under section 25 (8), must be for a period of 5 years from the anniversary of the birth of the applicant nearest to the date the licence is issued.

(5) Subject to subsection (5.1), 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 if the person has never before been issued a driver's licence under this Act other than a driver's licence issued under section 25 (8).

(5.1) If authorized by order of the minister, the Insurance Corporation of British Columbia may extend the term of a driver's licence, on an individual basis or for a class of persons, that expires during

(a) a state of emergency declared under section 9 (1) of the Emergency Program Act, or

(b) a state of local emergency declared under section 12 (1) of the Emergency Program Act.

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

(a) the person is or was prohibited from driving a motor vehicle

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(a.1) the person's driver's licence is or was suspended and the person's right to apply for or obtain a driver's licence is or was suspended,

(a.2) the person's driver's licence is or was cancelled under section 92 (d), or

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

(7) If the Lieutenant Governor in Council has prescribed a term for licences issued for antique motor vehicles, collectors' motor vehicles or motor vehicles of a similar class, a licence issued for a motor vehicle in that class must be for the term specified by that regulation.

(8) The anniversary of the birth of a person born on February 29 for years other than leap years is deemed to be March 1.

(9) to (11) [Repealed RS1996-318-60 (11).]

Cancellation of driver's licence

(2) If a person is notified that the person's driver's licence has been cancelled under this section, the person must,

(a) if notified of the cancellation by mail, immediately send the person's driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia to do anything under this Act, surrender the person's driver's licence to the serving peace officer, sheriff or person.

Fees

(2) If a licence for a motor vehicle or trailer is issued for a term of less than 12 months, the licence fee must be

(a) an amount calculated at the prescribed annual licence fee for a motor vehicle or trailer of the same class prorated for each month and fraction of a month in the term of the licence, plus a surcharge if any is prescribed under section 210 (2) (l) for the licence, and

(b) if no annual licence fee is prescribed for a motor vehicle or trailer of the same class, the amount determined under section 210 (2) (l).

(3) For the purposes of subsection (2), the amount of the fee must be rounded to the nearest dollar, and an amount ending in 50¢ must be raised to the next highest dollar.

Rebate of part of licence fees

(2) A rebate under subsection (1) applies both to licences for the whole of the licence year specified in the regulations and to licences for any part of it.

Recovery of licence fees

(2) The Insurance Corporation of British Columbia may seize and sell the motor vehicle or trailer referred to in subsection (1) at public auction, and out of the proceeds of sale must satisfy the delinquent licence fee and the costs and expenses of sale, and pay any surplus to the owner or person in possession of the motor vehicle or trailer at the time of seizure.

(3) Instead of seizure and sale of the motor vehicle under subsection (2), the delinquent licence fee may be recovered in a court of competent jurisdiction in the name of the Attorney General, with costs, as a debt due to the government by any person who under this Act should have paid the fee.

(4) A peace officer may, on the direction of the Insurance Corporation of British Columbia, seize any number plate for the issuance of which full fees have not been paid in accordance with this Act, and must immediately deliver the plate or cause it to be delivered to the corporation.

Repealed

Persons authorized to take affidavits

(1.1) For the purposes of carrying out the powers, duties and functions of the director under this Act, the director and every person authorized in writing by the director 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) [Repealed 1999-6-21.]

Repealed

Duty of driver at accident

(a) remain at or immediately return to the scene of the accident;

(b) render all reasonable assistance;

(c) produce in writing to any other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a witness

(i) the name and address of the driver, operator or other person in charge of the vehicle,

(ii) the name and address of the registered owner of the vehicle,

(iii) the licence number of the vehicle, and

(iv) particulars of the motor vehicle liability insurance card or financial responsibility card and, if applicable, blanket certificate for that vehicle,

or such of that information as is requested.

(2) The driver or operator or any other person in charge of a vehicle that collides with an unattended vehicle must stop and must

(a) locate and notify in writing the person in charge of or the owner of the unattended vehicle of

(i) the name and address of the driver, operator or other person in charge,

(ii) the name and address of the registered owner, and

(iii) the licence number

of the vehicle that struck the unattended vehicle, or

(b) leave in a conspicuous place in or on the vehicle collided with a notice in writing giving the information referred to in paragraph (a).

(3) The driver or operator or any other person in charge of a vehicle involved in an accident resulting in damage to property on or adjacent to a highway, other than a vehicle under subsection (2), must take reasonable steps to locate and notify in writing the owner or person in charge of the property of the fact of the accident and of the following:

(a) the name and address of the driver, operator or other person in charge of the vehicle;

(b) the name and address of the registered owner;

(c) the licence number of the vehicle.

False statements, misuse of number plates, licence, identification card or permit

(a) makes a false statement in

(i) an application for registration of a motor vehicle or trailer,

(ii) [Repealed 2009-10-7.]

(iii) an application for another licence or certificate, permit or consent,

(iv) a notice of transfer of a motor vehicle or trailer,

(v) a report of an accident, or

(vi) a notice of relinquishment of a licence under this Act;

(b) being in possession or control of a number plate issued under this Act or under an Act of any province of Canada, permits another person to use the number plate on a motor vehicle or trailer other than the one for which it was issued;

(c) being the holder of a permit, certificate or consent issued or given to the person under this Act or under an Act of a province of Canada, permits another person to possess or use it.

(2) A person commits an offence if the person, in

(a) applying for a driver's licence or an identification card,

(b) assisting another person in applying for a driver's licence or an identification card,

(c) presenting records or providing information for the purpose of maintaining a record relating to a driver's licence or an identification card, or

(d) assisting another person in presenting records or providing information for the purpose of maintaining a record relating to a driver's licence or an identification card,

does any of the following:

(e) makes a false or misleading statement;

(f) fails to disclose information that is required to be disclosed;

(g) presents a fraudulent or fraudulently altered record;

(h) fraudulently uses a record.

(3) A person commits an offence if the person

(a) allows another person to use or possess a driver's licence or an identification card issued to the person under this Act or under an Act of a province of Canada,

(b) represents that a driver's licence or an identification card is a driver's licence or an identification card issued under this Act when the driver's licence or identification card is not issued under this Act, or

(c) produces or uses a facsimile of a driver's licence or an identification card without authority from the Insurance Corporation of British Columbia.

(4) A person who contravenes subsection (2) or (3) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

Use of another's licence or permit; failure to permit inspection

(a) uses or is in possession of

(i) a permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent issued or given under this Act and belonging to another person, or

(ii) a fictitious or invalid permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent purporting to be issued or given under this Act;

(b) refuses or fails to produce a subsisting driver's licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card, or consent issued to the person under this Act when requested by a peace officer or constable to do so, or refuses or fails to permit it to be taken in hand for the purpose of inspection by the peace officer or constable.

(1.1) A person commits an offence if the person uses or is in possession of

(a) an identification card belonging to another person, or a fictitious or invalid identification card purporting to be issued or given under this Act, or

(b) a driver's licence belonging to another person, or a fictitious or invalid driver's licence purporting to be issued or given under this Act, whether while driving, operating or in charge of a motor vehicle on a highway or not.

(2) A person who contravenes subsection (1) (a) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

(3) A person who contravenes subsection (1.1) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

Production of motor vehicle licences

Transporting animals

Failing to stop and state name

(2) When requested by a peace officer, the driver of a motor vehicle or the person in charge of a motor vehicle on a highway must state correctly the driver's or person's name and address and the name and address of the owner of the motor vehicle.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

Alteration and use of fictitious number plates or documents

(a) alters, obliterates or repaints a figure or letter

(i) on a number plate issued under this Act,

(ii) on a validation decal issued under section 12 (2) or 51 (2), or

(iii) on any other document issued under this Act for the temporary operation of a motor vehicle or trailer,

(b) drives, operates or has charge of a motor vehicle or trailer having displayed on it

(i) a number plate, validation decal or document referred to in paragraph (a) on which a figure or letter has been altered, obliterated or repainted, or

(ii) a number plate, validation decal or other document for the temporary operation of a motor vehicle or trailer, that has not been issued under this Act but that is of a colour or design resembling or purporting to be a number plate, validation decal or document for the temporary operation of a motor vehicle or trailer issued under this Act,

(c) alters a driver's licence or an identification card issued under this Act, or

(d) drives, operates or has charge of a motor vehicle or trailer while in possession of a driver's licence that has been altered.

(2) Subsection (1) (b) applies to a number plate, validation decal or other document for the temporary operation of a motor vehicle or trailer issued in another jurisdiction.

(3) Subsection (1) (d) applies to a driver's licence issued in another jurisdiction.

(4) A person who contravenes subsection (1) (c) or (d) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

General offence

No suspended sentence where minimum punishment

Application of fines

(2) This section does not apply to a municipality for the policing of which an agreement is in force under section 39 of the Police and Prisons Regulation Act, R.S.B.C. 1960, c. 288.

Limitation of actions

Arrest without warrant

(a) a person who the officer or constable finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of section 95 or 102,

(b) a person driving a motor vehicle who the officer or constable has reasonable and probable grounds to believe is not insured as required by this Act or does not hold a valid and subsisting motor vehicle liability insurance card or financial responsibility card, and

(c) a person who the officer or the constable has reasonable and probable grounds to believe has contravened section 68,

and may detain the person arrested until the person can be brought before a justice to be dealt with according to law.

Onus of proof of licence

Evidence of licence or permit

(2) In all cases the signature to an instrument purporting to be a valid licence, permit, consent or certificate, motor vehicle liability insurance card and financial responsibility card is in the absence of evidence to the contrary to be taken to be genuine.

Records and proof

(a) have the record photocopied,

(b) have the record or its contents stored in electronic format,

(c) have the record or its contents reproduced on a record that enables the information to be subsequently displayed or immediately accessible in visible form, or

(d) keep the record or its contents in any other prescribed manner.

(2) If information from a record to be kept by the Insurance Corporation of British Columbia, the director or the superintendent is converted into another format under subsection (1), the corporation, director or superintendent, as the case may be, may destroy the paper format of the record and the information, in the format into which it has been converted, is deemed to be the record so converted.

(3) If records are kept by the Insurance Corporation of British Columbia, the director or the superintendent otherwise than in paper format, the corporation, director or superintendent, as the case may be, must provide, in intelligible form, any copy of those records that, under this Act, the corporation, director or superintendent, as the case may be, is required to provide.

(4) A copy of, or extract from, a record kept in a format other than an electronic format by the Insurance Corporation of British Columbia, the director or the superintendent under this Act, certified to be a true copy or extract by an officer of the corporation or by the director or the superintendent, as the case may be, is

(a) evidence of the record or of the part of the record extracted and of the facts stated in the record or the part of the record, and

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

(5) A reproduction in paper format of a record kept in electronic format by the Insurance Corporation of British Columbia, the director or the superintendent is evidence of the record and of the facts stated in the record, and is conclusive proof that the corporation, director or superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's, the director's or the superintendent's responsibility under this section, if

(a) the reproduction is certified to be a true copy by an officer of the corporation or by the director or the superintendent, as the case may be, or

(b) the reproduction contains a statement to the effect that the reproduction is an authentic reproduction of information stored in a database in electronic format by the corporation, director or superintendent, as the case may be.

(6) A record of information, based on the records kept by the Insurance Corporation of British Columbia, the director or the superintendent under this Act, is evidence of the facts contained in the record if

(a) the information is contained in a certificate of an officer of the corporation, or of the director or the superintendent, as the case may be, or

(b) the record contains a statement to the effect that the record is an authentic reproduction of information stored in a database in electronic format by the corporation, director or superintendent, as the case may be.

(7) Proof is not required of the signature or official position of a person certifying the truth of a copy or extract, or giving a certificate under this section, and a facsimile signature purporting to be the signature of a person required to sign or certify a record under this Act is evidence of the signature and of the authority for the use of the facsimile signature.

(8) A certificate or other record referred to in subsection (4), (5) or (6) must be received in all courts for the purposes of those subsections without proof that the certificate or other record was kept or provided with lawful authority.

(9) This section is in addition to and not in substitution for any provision of this or any other enactment respecting the retention, certification or use of records by the Insurance Corporation of British Columbia, the director or the superintendent including, without limitation, any provision that

(a) allows the corporation, director or superintendent, as the case may be, to retain records in any format,

(b) allows for certification of records by the corporation, director or superintendent, as the case may be, in any manner, or

(c) allows any record to stand as evidence of any fact or matter.

(10) 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.