234_2018 — Minor Injury Regulation

1

Definitions

s. 1 — Definitions

s. 1(1)

In this regulation:

s. 1(1) — Act

Act means the Insurance (Vehicle) Act;

s. 1(1) — evidence-informed practice

evidence-informed practice means the current best practice for making decisions about the care of a patient, integrating individual clinical expertise with the best available clinical evidence from systematic research;

s. 1(1) — incapacity

incapacity, in relation to a claimant, means a mental or physical incapacity that

s. 1(1)(a)

is not resolved within 16 weeks after the date the incapacity arises, and

s. 1(1)(b)

is the primary cause of a substantial inability of the claimant to perform

s. 1(1)(b)(i)

essential tasks of the claimant's regular employment, occupation or profession, despite reasonable efforts to accommodate the claimant's incapacity and the claimant's reasonable efforts to use the accommodation to allow the claimant to continue the claimant's employment, occupation or profession,

s. 1(1)(b)(ii)

the essential tasks of the claimant's training or education in a program or course that the claimant was enrolled in or had been accepted for enrolment in at the time of the accident, despite reasonable efforts to accommodate the claimant's incapacity and the claimant's reasonable efforts to use the accommodation to allow the claimant to continue the claimant's training or education, or

s. 1(1)(b)(iii)

the claimant's activities of daily living;

s. 1(1) — TMJ disorder

TMJ disorder means an injury that involves or surrounds the temporomandibular joint;

s. 1(1) — WAD injury

WAD injury means a whiplash associated disorder other than one that exhibits one or both of the following:

s. 1(1)(a)

decreased or absent deep tendon reflexes, deep tendon weakness or sensory deficits, or other demonstrable and clinically relevant neurological symptoms;

s. 1(1)(b)

a fracture to or dislocation of the spine.

s. 1(2)

For the purposes of the definition of "diagnostic and treatment protocol" in section 101 (1) [definitions and interpretation] of the Act, the protocols established in the Schedule to this regulation are prescribed.

s. 1(3)

For the purposes of the definition of "minor injury" in section 101 (1) of the Act and this regulation:

s. 1(3) — pain syndrome

pain syndrome means a syndrome, disorder or other clinical condition associated with pain, including pain that is not resolved within 3 months;

s. 1(3) — psychological or psychiatric condition

psychological or psychiatric condition means a clinical condition that

s. 1(3)(a)

is of a psychological or psychiatric nature, and

s. 1(3)(b)

does not result in an incapacity;

s. 1(3) — sprain

sprain means an injury to one or more ligaments unless all the fibres of at least one of the injured ligaments are torn;

s. 1(3) — strain

strain means an injury to one or more muscles unless all the fibres of at least one of the injured muscles are torn.

s. 2 — Prescribed injury for definition of "minor injury"

The following injuries are prescribed injuries for the purposes of paragraph (b) (iv) of the definition of "minor injury" in section 101 (1) of the Act:

s. 2(a)

a concussion that does not result in an incapacity;

s. 2(b)

a TMJ disorder;

s. 2(c)

a WAD injury.

s. 3 — Prescribed criteria for definition of "serious impairment"

For the purposes of paragraph (b) of the definition of "serious impairment" in section 101 (1) of the Act, the claimant's physical or mental impairment must meet the following prescribed criteria:

s. 3(a)

the impairment results in a substantial inability of the claimant to perform

s. 3(a)(i)

the essential tasks of the claimant's regular employment, occupation or profession, despite reasonable efforts to accommodate the claimant's impairment and the claimant's reasonable efforts to use the accommodation to allow the claimant to continue the claimant's employment, occupation or profession,

s. 3(a)(ii)

the essential tasks of the claimant's training or education in a program or course that the claimant was enrolled in or had been accepted for enrolment in at the time of the accident, despite reasonable efforts to accommodate the claimant's impairment and the claimant's reasonable efforts to use the accommodation to allow the claimant to continue the claimant's training or education, or

s. 3(a)(iii)

the claimant's activities of daily living;

s. 3(b)

the impairment is primarily caused by the accident and is ongoing since the accident;

s. 3(c)

the impairment is not expected to improve substantially.

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Rules in Relation to Minor Injuries

s. 4 — Burden of proof

In civil proceedings relating to an injury, the burden of proof that the injury is not a minor injury is on the party making the allegation that it is not a minor injury.

s. 5 — Multiple injuries

If a claimant sustains more than one injury as a result of an accident,

s. 5(a)

each injury must be diagnosed separately as to whether the injury is or is not a minor injury,

s. 5(b)

if there are one or more minor injuries and one or more non-minor injuries, the total amount of damages assessed for non-pecuniary loss for all the injuries is the sum of

s. 5(b)(i)

the amount of damages assessed for non-pecuniary loss for the minor injuries, and

s. 5(b)(ii)

the amount of damages assessed for non-pecuniary loss for the non-minor injuries, and

s. 5(c)

the maximum amount of damages for non-pecuniary loss recoverable by the claimant for all the minor injuries in total must not exceed the minor injury limit.

s. 6 — Limit on damages for non-pecuniary loss

s. 6(1)

In this section:

s. 6(1) — British Columbia consumer price index

British Columbia consumer price index means the annual average All-items Consumer Price Index for British Columbia, as published by Statistics Canada under the authority of the Statistics Act (Canada);

s. 6(1) — fiscal year

fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year;

s. 6(1) — minor injury limit

minor injury limit means,

s. 6(1)(a)

for the fiscal year beginning on April 1, 2019, $5 500, and

s. 6(1)(b)

for the fiscal year beginning on April 1, 2020, and for each fiscal year after that, the amount calculated under subsection (2).

s. 6(2)

For the fiscal year beginning on April 1, 2020, and for each fiscal year after that, the minor injury limit must be determined annually by multiplying

s. 6(2)(a)

the minor injury amount for the immediately preceding fiscal year, and

s. 6(2)(b)

the sum of

s. 6(2)(b)(i)

1, and

s. 6(2)(b)(ii)

the annual percentage change in the British Columbia consumer price index, as determined under subsection (4) and rounded to the nearest 1/10 of a percentage point.

s. 6(3)

Despite subsection (2), if the annual percentage change as determined under subsection (4)

s. 6(3)(a)

is a negative number, the annual percentage change is zero, or

s. 6(3)(b)

is greater than 6%, the annual percentage change is 6%.

s. 6(4)

The annual percentage change referred to in subsection (2) (b) (ii) must be calculated using the following formula:

s. 6(5)

The minor injury limit determined under subsection (2) must be rounded to the nearest dollar and an amount ending in .50 must be rounded up to the next dollar.

s. 6(6)

For the fiscal year beginning on April 1, 2020, and for each fiscal year after that, the corporation must publish

s. 6(6)(a)

the following information that applies to the fiscal year:

s. 6(6)(a)(i)

the minor injury limit;

s. 6(6)(a)(ii)

the calculations made under subsections (2) and (3) that result in the minor injury limit, and

s. 6(6)(b)

the information referred to in paragraph (a)

s. 6(6)(b)(i)

before the end of the fiscal year that immediately precedes the fiscal year referred to in paragraph (a), and

s. 6(6)(b)(ii)

by posting the information on a publicly accessible website maintained by or on behalf of the corporation.

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s. 7-12 — Repealed

Repealed. [B.C. Reg. 54/2025, Sch. D, s. 2.]

Schedule

Schedule Diagnostic and Treatment Protocols

s. 1 — Definitions

In this Schedule, patient means a claimant as defined in section 101 (1) of the Act.

s. 2 — Evidence-informed practice

A health care practitioner must use evidence-informed practice when

s. 2(a)

establishing a diagnosis of an injury of a patient under this protocol, and

s. 2(b)

providing treatment, or making a referral for treatment, for an injury of a patient under this protocol.

s. 3 — Developing diagnoses for injuries

s. 3(1)

If applicable, a health care practitioner must establish a diagnosis for a patient of the following:

s. 3(1)(a)

an abrasion;

s. 3(1)(b)

a concussion;

s. 3(1)(c)

a contusion;

s. 3(1)(d)

a laceration;

s. 3(1)(e)

a pain syndrome;

s. 3(1)(f)

a sprain;

s. 3(1)(g)

a strain;

s. 3(1)(h)

a TMJ disorder;

s. 3(1)(i)

a WAD injury.

s. 3(2)

When diagnosing a sprain, strain or WAD injury, a health care practitioner must determine the severity of the injury.

s. 4 — Developing diagnoses for pain syndromes and for psychological or psychiatric conditions

If applicable, a health care practitioner must establish a diagnosis for a patient of a psychological or psychiatric condition by using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

s. 5 — Treatment protocols

s. 5(1)

When treating a patient with an injury listed in section 3 or 4, a health care practitioner must educate the patient with respect to, at a minimum, the following matters:

s. 5(1)(a)

if applicable, the desirability of an early return

s. 5(1)(a)(i)

to the activities the patient could perform before the injury, and

s. 5(1)(a)(ii)

to the patient's employment, occupation or profession or the patient's training or education in a program or course;

s. 5(1)(b)

an estimate of the probable length of time that symptoms will last;

s. 5(1)(c)

the usual course of recovery;

s. 5(1)(d)

the probable factors that are responsible for the symptoms the patient may be experiencing;

s. 5(1)(e)

appropriate self-management and pain management strategies.

s. 5(2)

When treating a pain syndrome and a psychological or psychiatric condition, a health care practitioner must identify comorbid conditions, if applicable.