4_2013 — Identification Card Regulation

s. 1 — Definitions

s. 1(1)

In this regulation:

s. 1(1) — Act

Act means the Motor Vehicle Act;

s. 1(1) — BC identification card

BC identification card means

s. 1(1)(a)

an identification card issued under Part 1 of this regulation, and

s. 1(1)(b)

an identification card issued under the Voluntary Identification Card Regulation, B.C. Reg. 465/88, before its repeal;

s. 1(1) — non-photo BC services card

non-photo BC services card means a physical credential that

s. 1(1)(a)

is issued under section 69.2 of the Freedom of Information and Protection of Privacy Act by a provincial identity information services provider,

s. 1(1)(b)

does not display a photograph of the holder, and

s. 1(1)(c)

indicates that the holder is a beneficiary under the Medicare Protection Act;

s. 1(1) — photo BC services card

photo BC services card means a physical credential that

s. 1(1)(a)

is issued under Part 2 of this regulation by a provincial identity information services provider,

s. 1(1)(b)

displays a photograph of the holder, and

s. 1(1)(c)

indicates that the holder is a beneficiary under the Medicare Protection Act;

s. 1(1) — provincial identity information services provider

provincial identity information services provider or PIISP means a public body that is designated as a provincial identity information services provider under section 69.2 (1) of the Freedom of Information and Protection of Privacy Act.

s. 1(2)

In the Act, identification card includes

s. 1(2)(a)

a BC identification card, and

s. 1(2)(b)

a photo BC services card.

1

BC Identification Card

s. 2 — Application

s. 2(1)

A person is not eligible to apply for a BC identification card unless the person

s. 2(1)(a)

is 12 years of age or older, and

s. 2(1)(b)

resides in British Columbia.

s. 2(2)

A person may apply for a BC identification card by delivering an application, in a form satisfactory to the Insurance Corporation of British Columbia, to

s. 2(2)(a)

the Insurance Corporation of British Columbia,

s. 2(2)(b)

a government agent, or

s. 2(2)(c)

a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section.

s. 3 — Requirements

s. 3(1)

The Insurance Corporation of British Columbia must issue a numbered BC identification card in a form established by the corporation to an applicant who has

s. 3(1)(a)

met the requirements of section 2,

s. 3(1)(b)

been photographed digitally and supplied a signature by a means required by the Insurance Corporation of British Columbia that allows the signature to be stored electronically in a database,

s. 3(1)(c)

provided the applicant's full name and residential address,

s. 3(1)(d)

been identified to the Insurance Corporation of British Columbia's satisfaction,

s. 3(1)(e)

surrendered any previously held BC identification cards, and

s. 3(1)(f)

paid the fee prescribed in the Motor Vehicle Fees Regulation.

s. 3(2)

Repealed. [B.C. Reg. 63/2017.]

s. 3(3)

An applicant for a BC identification card who wishes the card to indicate that the applicant is a Canadian citizen must, in addition to the requirements of subsection (1),

s. 3(3)(a)

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

s. 3(3)(b)

sign an application in the form required by the Insurance Corporation of British Columbia, and

s. 3(3)(c)

in the case of an applicant under 19 years of age, apply in person for the card and be accompanied by one of the applicant's parents or guardians, who must sign the application.

s. 3(4)

An applicant for a BC identification card that indicates the applicant is a Canadian citizen is not eligible for the card if the applicant

s. 3(4)(a)

is the subject of an outstanding charge,

s. 3(4)(b)

is subject to conditions imposed by a court or parole board that forbid the applicant to leave Canada, or

s. 3(4)(c)

holds a driver's licence issued under section 25 (7) of the Act that indicates the applicant is a Canadian citizen.

s. 3(5)

In subsection (4), outstanding charge means a charge

s. 3(5)(a)

in respect of which an Information has been sworn,

s. 3(5)(b)

in respect of an offence that is an indictable offence or an offence that is being proceeded with by way of indictment, and

s. 3(5)(c)

that has not been disposed of by a court.

s. 4 — Validity

s. 4(1)

A BC identification card is valid for a period ending on the anniversary of the birth date of the holder of the card nearest to 5 years from the date that card is issued.

s. 4(2)

A duplicate BC identification card expires at the same time as the original card.

s. 4(3)

A BC identification card issued prior to January 1, 1997, without an expiry date, is deemed to have expired on March 31, 2002 for the purposes of this regulation.

s. 5 — Duplicate card

s. 5(1)

If a BC identification card issued to a person is lost, mutilated or destroyed, the person may obtain a duplicate card on application in the form required by the Insurance Corporation of British Columbia provided that

s. 5(1)(a)

in the case of a mutilated card, the card is surrendered on application for the duplicate card, and

s. 5(1)(b)

the fee prescribed in the Motor Vehicle Fees Regulation is paid.

s. 5(2)

If a BC identification card that indicates the holder of the card is a Canadian citizen is lost, mutilated or destroyed, the holder of the card may obtain a duplicate card if, in addition to the requirements of subsection (1) (a) and (b), the person

s. 5(2)(a)

complies with the requirements of section 3 (3) (a) and (b), and

s. 5(2)(b)

continues to meet the requirements set out in section 3 (4).

s. 6 — Change of address or name

s. 6(1)

If the residential address of a holder of a BC identification card is changed from the address stated on the card, the holder of the card must, within 10 days of the change, notify the Insurance Corporation of British Columbia of the person's old address and new address.

s. 6(2)

A person who holds a BC identification card that indicates the person is a Canadian citizen and who reports a change of address under subsection (1) must

s. 6(2)(a)

surrender the person's existing card to the Insurance Corporation of British Columbia and apply for a duplicate card and pay the fee prescribed in the Motor Vehicle Fees Regulation,

s. 6(2)(b)

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

s. 6(2)(c)

continue to meet the requirements set out in section 3 (4).

s. 6(3)

If the name of a holder of a BC identification card is changed, by marriage or otherwise, from the name stated on the card, the holder of the card must, within 10 days of the change, notify in person of the person's old name and new name in full.

s. 6(3)(a)

the Insurance Corporation of British Columbia,

s. 6(3)(b)

a government agent, or

s. 6(3)(c)

a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section

s. 6(4)

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

s. 6(4)(a)

surrender the person's existing BC identification card to the Insurance Corporation of British Columbia and apply for a duplicate card and pay the fee prescribed in the Motor Vehicle Fees Regulation, and

s. 6(4)(b)

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

s. 6(5)

A person who holds a BC identification card that indicates the person is a Canadian citizen and who reports a change of name under subsection (3) must, in addition to the requirements of subsection (4),

s. 6(5)(a)

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

s. 6(5)(b)

continue to meet the requirements set out in section 3 (4).

s. 6(6)

If a person complies with subsection (2), the Insurance Corporation of British Columbia must issue a duplicate card to the person.

s. 6(7)

If a person complies with subsection (4) or (5), as applicable, the Insurance Corporation of British Columbia must issue a duplicate card in the person's new name.

s. 7 — Cancellation

s. 7(1)

The Insurance Corporation of British Columbia may, with or without a hearing or refunding fees for the card, cancel the BC identification card of a person if the person, in respect of an application by the person for the card, or for the purpose of maintaining a record relating to the person's card,

s. 7(1)(a)

makes a false or misleading statement,

s. 7(1)(b)

fails to disclose information that is required to be disclosed,

s. 7(1)(c)

presents a fraudulent or fraudulently altered record, or

s. 7(1)(d)

fraudulently uses a record.

s. 7(2)

In addition to the reasons set out in subsection (1), the Insurance Corporation of British Columbia may, with or without a hearing or refunding fees for the card, cancel the BC identification card of a holder of a BC identification card that indicates the person is a Canadian citizen if the person

s. 7(2)(a)

does not meet, or no longer meets, the requirements set out in section 3 (4), or

s. 7(2)(b)

ceases to be a Canadian citizen.

2

Photo BC Services Card

s. 8 — Application

s. 8(1)

A person may apply for a photo BC services card by delivering an application, in a form satisfactory to a PIISP, to

s. 8(1)(a)

the Insurance Corporation of British Columbia,

s. 8(1)(b)

a government agent, or

s. 8(1)(c)

a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section.

s. 8(2)

The following persons are not eligible to apply for a photo BC services card:

s. 8(2)(a)

a person who is under 18 1/2 years of age;

s. 8(2)(b)

a deemed resident within the meaning of section 7.4 (1) of the Medical and Health Care Services Regulation.

s. 9 — Requirements

s. 9(1)

Subject to subsection (2), a PIISP must issue a photo BC services card, in a form established by the PIISP, to an applicant who

s. 9(1)(a)

has met the requirements of section 8,

s. 9(1)(b)

has been photographed digitally and supplied a signature by a means required by the Insurance Corporation of British Columbia that allows the signature to be stored electronically in a database,

s. 9(1)(c)

has provided the applicant's full name and residential address,

s. 9(1)(d)

has been identified to the Insurance Corporation of British Columbia's satisfaction,

s. 9(1)(e)

is a beneficiary under the Medicare Protection Act, and

s. 9(1)(f)

has surrendered all of the following that are held by the applicant at the time of application:

s. 9(1)(f)(i)

a photo BC services card;

s. 9(1)(f)(ii)

a driver's licence issued under section 25 (1.3) of the Act that indicates the holder is a beneficiary under the Medicare Protection Act;

s. 9(1)(f)(iii)

a non-photo BC services card.

s. 9(2)

The PIISP must not issue a photo BC services card to an applicant to whom section 7 (2) of the Medicare Protection Act applies unless the Medical Services Commission, on or after February 10, 2013, renewed the applicant's enrollment as a beneficiary under section 7.2 of the Medicare Protection Act.

s. 10 — Validity

s. 10(1)

A PIISP may issue a photo BC services card that is valid for a period not greater than 5 1/2 years.

s. 10(2)

A photo BC services card expires on the date specified on the card as the expiry date, unless the photo BC services card is cancelled or surrendered.

s. 10(3)

A duplicate photo BC services card issued under this Part expires at the same time as the original card.

s. 11 — Duplicate card

If a photo BC services card issued to a person is lost, mutilated or destroyed, the person may obtain a duplicate card on application to the Insurance Corporation of British Columbia in the form required by a PIISP provided that, in the case of a mutilated card, the card is surrendered on application for the duplicate card.

s. 12 — Change of address or name

s. 12(1)

If the residential address of a holder of a photo BC services card is changed from the address stated on the card, the person must, within 10 days of the change, notify the Insurance Corporation of British Columbia of the person's old address and new address.

s. 12(2)

If the name of the holder of a photo BC services card is changed, by marriage or otherwise, from the name stated on the card the person must, within 10 days of the change, notify in person of the person's old name and new name in full.

s. 12(2)(a)

the Insurance Corporation of British Columbia,

s. 12(2)(b)

a government agent, or

s. 12(2)(c)

a person who is authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section

s. 12(3)

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

s. 12(3)(a)

surrender the person's existing photo BC services card to the Insurance Corporation of British Columbia and apply for a duplicate photo BC services card, and

s. 12(3)(b)

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

s. 12(4)

If a person complies with subsection (3), a PIISP must issue a duplicate photo BC services card to the person in the person's new name.

s. 13 — Cancellation

A PIISP may, with or without a hearing, cancel the photo BC services card of a person if

s. 13(a)

the person, in respect of an application by the person for the card, or for the purpose of maintaining a record relating to the person's card,

s. 13(a)(i)

makes a false or misleading statement,

s. 13(a)(ii)

fails to disclose information that is required to be disclosed,

s. 13(a)(iii)

presents a fraudulent or fraudulently altered record, or

s. 13(a)(iv)

fraudulently uses a record, or

s. 13(b)

the PIISP is satisfied that the card is not a reliable means of

s. 13(b)(i)

verifying the identity of the person, or

s. 13(b)(ii)

confirming the person's eligibility to access a government service.