In 2014, Hammerberg Partner Dale McGregor, along with input from several of his Canadian Bar Association colleagues, authored a proposal to amend the Insurance (Vehicle) Act. The proposal was submitted to the Ministry of Transportation and Infrastructure in an attempt to fix a legislative drafting “wrong” they believed had been made. Among other things, this error meant that insurance previously available on many BC industrial roads (including rural resource/forest service roads used regularly by BC residents) had been wiped out with the unintended stroke of a pen.
The submission requested amendments be made to the Act to re-widen the definition of “highway” to include industrial roads, forest service roads and development roads so that unidentified, uninsured, underinsured motorist protection insurance coverage for motorists would be reinstated.
Although the submission was accepted for consideration, to date there has been no response from the Ministry to indicate whether or not the requested changes will be made.
The present state of automobile insurance law results in significant financial risk to BC residents using forest service roads.