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The British Columbia Insurance Act

Insurance, being a matter that falls within property and civil rights is a matter of provincial (as opposed to federal) jurisdiction: Crowe v. Canada (Attorney General), 2007 FC 1020 at para. 19. Therefore, each province in Canada has legislation which governs insurance.
 
The Insurance Act, RSBC 2012, c. 1 governs insurance in British Columbia. As indicated by the year in the citation for the Insurance Act the current legislation came into force in 2012 and provided much needed updates that modernized the previous legislation which was out of date.  See KP Pacific Holdings Ltd. v. Guardian Insurance Co. of Canada, 2003 SCC 25 at para. 2-5 for a criticism of the outdated legislation scheme that previously applied in British Columbia.
 
The Insurance Act, RSBC 2012, c. 1 took effect July 1, 2012:
 
On July 1, 2012, the new Insurance Act, R.S.B.C. 2012, c. 1, came into force.
(Buhr v. Manulife Financial - Canadian Division, 2014 BCCA 404 at para. 28).
 
BC Reg. 191/12, as amended by BC Reg 194/12, was the official document confirming when the Insurance Act, RSBC 2012, c. 1 took effect.
 
Section 2 of the Insurance Act states that the Insurance Act applies to all contracts of insurance made in British Columbia except contracts under the Marine Insurance Act (Canada), or under the Insurance (Vehicle) Act.  Therefore, the Insurance Act is of broad application in British Columbia.
 
Section 3 of the Insurance Act provides that an insurer cannot make a contract inconsistent with the Insurance Act. This provision is designed to protect consumers by ensuring that insurance companies do not deprive insureds of the protections specified by the Insurance Act.
 
Part 2 of the Insurance Act (sections 8 – 36) is titled “General Insurance Provisions” and applies generally to property and liability insurance contracts. Special provisions applying to Life Insurance are contained in Part 3 of the Insurance Act, and special provisions applying to Accident and Sickness Insurance are contained in Part 4 of the Insurance Act.
 
Part 5 of the Insurance Act deals with miscellaneous types of insurance, including home warranty insurance. 
 
 
This book was written by Michael Dew, a Vancouver lawyer who practices civil litigation, including representing persons who have been denied coverage under property insurance policies, or liability insurance policies. If you have been denied insurance coverage and require assistance with making a claim against your insurer call Michael at 604 895 3160.