PROVINCE OF BRITISH COLUMBIA. (a) effective February 3, 2016, sections 1, 3, 6, 9, 20, 25, 35, 44 and 58 of the Motor Vehicle Amendment
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1 PROVNCE OF BRTSH COLUMBA THE Order in Council No. 048 ' Approved and Ordered February 0 3' 2 0 Ex~ecutive Council Chambers, Victoria!ldminislntlor On the recommendation of the undersigned, the Eientenant Govemor, by and with the advice and consent of the Executive Council, orders (a) effective February 3, 201, sections 1, 3,, 9, 20, 25, 35, 44 and 58 of the Motor Vehicle Amendment Act, 2015, S.B.C. c. are into force, (b) effective February 3, 201, the Motor Vehicle Act Regulations, B.C. Reg. 2/58, are amended as set out in the attached Schedule, and (c) effective April 1, 201, sections 21, 32, 4, 48 and 57 of the Motor Vehicle Amendment Act, 2015, S.B.C. 2015, c. 13, are brought into force. ) Minister of Public Safety and Solicitor General Presiding Member of the Executive Council (This part is for adminl<rrative purposes only ajld is not part of the Orde') Authority under which Order is made: Act and section: Motor Vehicle Amendment Act, 2015, S.B.C. 2015, c. 13, s. 0; Motor Vehicle Act, R.S.B.C. 199, c. 318, s. 210 (2) Other: February 1, 201 page l of7 RESUB R/745/20!5/50
2 SCHEDULE! Division 4 of the Motor Vehicle Act Regulations, B.C. Reg 2/58, is repealed and the following substituted: DVSON 4 - REMEDAL AND GNTON NTERLOCK PROGRAMS Definitions 4.01 [n this Division: "conviction" means an event that is a conviction of an ofience under the Criminal Code; "driving prohibition" means a driving prohibition under the Act that is referred to in an event; ''event" means an event described in column l of the table to section 4.04; "ignition interlock program points" means the ignition interlock program points specified in column 3 of the table to section 4.04, subject to sections 4.05, 4.0 and 4.07; "remedial program points" means the remedial program points specified in column 2 of the table to section 4.04, subject to sections 4.05, 4.0 and Mandatory remedial programs 4.02 (l) This section sets out the conditions for the purposes of section 25.2 (l) and (2) of the Act in respect of remedial programs and components of remedial programs. (2) Subject to subsections (3), (4) and (), a person must complete a remedial program or component of il specified by the superintendent each time the remedial program points that the person acquires for an event, together with the remedial program points for events that occurred dming the 5 years preceding that event, total to i points. (3) Tbe remedial program points for events that occurred during the 5 years referred to in subsection (2) do not include remedial program points for a driving prohibition refened to in item of the table to section 4.04 notice of which was served before June 15, (4) f a person acquires remedial program points as the result of an event and the per~on at the time of the event is already required to participate in, but has not completed, a remedial program or component of a remedial program under section 25.1 or 25.2 of the Act, the person, subject to subsection (5), is not required to complete an additional remedial program or component under section 25.2 of the Act because of that event. (5) The remedial program points a person acquires as the result of an event referred to in subsection ( 4) are included in the total remedial program points of the person if the person acquires additional remedial program points as a result of a new event that occurs within the 5 years after the event referred to in subsection page 2 of7
3 () No person is required in any S year period to complete more than 2 remedial programs or components of remedial programs under section 25.2 of the AcL Mandatory ignition interlock programs 4.03 (l) This section sets out the conditions for the purposes of section 25.2 (l) and (2) of the Act in respect of ignition interlock programs. (2) Subject to subsections (3) and (5), a person must parllc!pate in an ignition interlock program specified by the superintendent for the following periods: (<~) a period of months if the ignition interlock program points that the person acquires for an event and for events that occujted during the 5 years preceding that event total 9 to 10 points; (b) a period of 12 months if the ignition interlock program poims that the person acquires for an event and for events that occuned dming the 5 years preceding that event total ll to 12 points; (c) a period of 18 months if the ignition interlock program points that the person acquires for an event and for events that occuned during the 5 years preceding that event total l3 to 14 points; (d) a period of 24 months if the ignition interlock program points that the person acquires for an event and for events that occurred during the 5 yeaxs preceding that event total!5 to 1 points. (3) The ignition interlock program points for events that occun-ed during the 5 years referred to in subsection (2) (a) to (d) do not include ignition interlock program points for a driving prohibition referred to in item of the table to section 4.04 notice of which was served before June!5, ( 4) f, during the period that a person is required to participate in an ignition interlock program under section 25.1, 25.2 or 233 (3) of the Act, the person. because of a new event, acquires additional ignition interlock program points and is required to participate in an ignition interlock program for a period under subsection the period under subsection (2) is in addition to the period for which the person is already required to participate. (5) No person is required in any 5 year period to p<rrticipate in an ignition interlock program under section 25.2 of the Act for more than 3 months. page 3 of 7
4 for events 4.04 The following table sets out, for the purposes of sections 4.02 and 4.03, the number of remedial program points and ignition interlock program points a person acquires as a result of specified events: r- Hem Column 1 Cohuma 2 coiurnnj -l l Event.Remedial gnition ' Program nterlock Program 1 ~ - - Person has been served with a notice of driving prohibition for the reason set out m section 94. (i) (a) of the Act [has a concentration of alcohol trl blood thai exceeds.08/ 2 Person has been served with a notice of driving prohibition for the reason set out in section 94.1 (l) (b) of the Act [fails to comply with a demand under the Criminal Code to provide a sample of' breath or blood] 3 Person has been served with a notice of driving 2 2 prohibition under section 215 (2) of the Act [ability to drive affec!ed alcohol] t - - -! Person has been ser~e(i~ii.h~1not!ce(){dnving 2 0 prohibition under section 215 (3) of!he Act ability to drive af{ected by a drug other than alcohol] Person has been served with a notice of driving 3 3 prohibition under section (3.1) of the Act because the approved screening device registered a warn [has a co11centration (:f alcohol in blood that is not less than.05/ Person has been served with a notice of driving prohibition under section (3.1) of the Act because the approved screening device registered a fail[ has a concentration o/ alcohol in blood that is not less than.08 j ~ Person bas been served with a notice of driving 8 prohibition under section ( 4) of the Act!fails to comply with a demand under the Criminal Code to provide a sample of breath} Person has been convicted of an offence under 0 section 253 (1) (a) oflhe Criminal Code in respect of a motor vehicle [operates a motor vehicle while impaired by alcohol or a drug}! ~ --~.J page 4 of7
5 Hem Coh.mm 1 Event 9 Person has been convicted Of an Oft 7 ence-under section 253 (l) (b) of the Criminal Code in respect of a motor vehicle! operates a motor vehicle while having a concentration (if alcohol in blood that exceeds.08}!0 Person has been convicted of an offence under section 254 (5) of the Criminal Code in respect of a motor vehicle!fails or refuses, after operating a motor vehicle, to comply with a demand under section 254 j ~------~+-- ll Person has been convicted of an offence under section 255 (2) of the Criminal Code in respect of a motor vehicle [operates a motor vehicle while impaired by alcohol or a drug and causes bodily harm] 12 Person i1as been -convicted of an offence under section 255 (2.1) of the Crirninal Code in respect of a motor vehicle [operates a motor vehicle while having a concentration of alcohol in blood that exceeds.08 and causes an accident resulting in bodily harm} ' !!' 3-:c-- --~-+=Person has been con-v-icted_o_f,-a--n--o-f-ccl:-e-n--ce---~.~-n-d:-e-r section 255 (2.2) of the Criminal Code in ' respect of a motor vehicle!fails or refuses, ajier operating a motor vehicle, to complv ;vith a demand under section 254 and causes an accident resulting in bodily harm} Person has been convicted of an offence under section 255 (3) of the Crimina! Code in respect of a motor vehicle {operates a motor vehicle while impaired by alcohol or a drug and causes death} Column 2 Remedial Program Column 3 gnition nterlock Prognun ::---t:-::-----,------:----c ~ : ::c ~ c Person has been convicted of an offence under section 255 (3.1) of the Criminal Code in respect of a motor vehicle {operates a motor vehicle while having a concentration of alcohol in blood that exceeds.08 and causes an accideni resulting in death} ~ L ' ' 0 0 page 5 of 7
6 r----- tem 1 Column 1 Event Column 2 Remedial Program!Column -31 J gnition i nterlock! Program J 1---c--c - ---t: c:----;--- -:;c--- PerSOJ1 has been convicted of an offence under section 255 (3.2) of the Criminal Code in respect of a motor vehicle {jails or refuses, after operating a motor vehicle, to comply with a demand under section 254 and causes an resulting in death] L ' ' L i\llldtipie events from one or related actions 4.05 (1) [fa person is subject to a driving prohibition and to one or more convictions due to one action or related actions, (a) the remedial program points for only one of those events are assigned to Lhe person and, if the remedial program points for one event are higher than the other events, the higher number of points is assigned to the person, and the ignition interlock program points for only one of those events are assigned to the person and, if the ignition interlock program points for one event are higher than the other events, the higher number of points is assigned to the person. (2) Without restricting the meaning of "related actions" in subsection (! ), the following actions described in paragraphs and (b) are related actions: (a) operating or having the care and control of a motor vehicle; failing or refusing w comply with a demand to provide a breath sample made as a result of the action described in paragraph (a). Driving prohibition or conviction removed from driving record 4.0 ( J) n this ~ection, "driving record'' means the driving record Lhat is kept by the nsurance Corporation of British Columbia under section 82 ( l 0) of the Act (2) f a driving prohibition or conviction is removed hom a person's driving record, the remedial program points and ignition interlock program points assigned for the driving prohibition or conviction must be subtracted from the person's point total for the purposes of calculating totals under sections 4.02 and Suspension of points 4.07 (1) lf the superintendent receives a copy of an order of a court staying a driving prohibition in respect of a person, the total remedial program points and total ignition interlock program points for the person do not include the points for the driving prohibition until the superintendent is satisfied that the driving prohibition has been confirmed. (2) lf the superintendent stays a driving prohibition under section 94. (5) (a) or (8) (a) of the Act in respect of a person, the total remedial program points and total ignition interlock program points for the person do not include the page of7
7 Medical condition points for the driving prohibition until the superintendent confirms or substitutes the driving prohibition. (3) f the superintendent receives in respect of a person who is subject to a conviction a copy of a direction of a judge made under section 21 ( 1) of the Criminal Code staying a prohibition order made as a result of the conviction, the total remedial program points and total ignition interlock program points for the person do not include the points for that conviction until the superintendent is satisfied that the stay is no longer in effect, or (b) the conviction has been confirmed ( l) A person with a chronic medical condition that affects tl1e person's respiratory functions so that the person cannot produce the volume of breath needed to operate an ignition interlock device specified by the superintendent under section 25.2 of the Act is exempt from having to participate in an ignition interlock program under that section. (2) The evidence required to establish the medical condition referred to in subsection 0) is a signed statement from a medical practitioner in a form satisfactory to the superintendent setting out that (a) the person has a chronic medical condition that affects the person's respiratory functions, and Completion of remedial programs fees due to that medical condition, the person cannot produce the volume of breath needed to operate an ignition interlock device specified by the superintendent under section 25.2 of the Act. 4.{)9 (l) A person who is required to participate in a remedial program under section 25.2 of the Act must complete the program within one year after the condition requiring completion of the program is added to the person's driver's licence. (2) The superintendent must extend the time for a person to eornplete a remedial program under section 25.2 of the Act if the superintendent is satisfied that the person is unable to complete the remedial program for reasons beyond the per~on's control, such as illness, jury duty or incarceration (l) The prescribed fee for a remedial program under section 25.1 or 25.2 of the Act is $880. (2) The prescribed fee for an ignition interlock program under section 25.1, 25.2 or 233 (3) of the Act is $150. page 7 of7
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