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Province ends insurer health transfers, updates child funds

Full Title: Attorney General Statutes Amendment Act (No. 2), 2025

Summary#

This bill makes two main changes. First, it changes how the province and ICBC handle money linked to crash-related health costs, using a retroactive tax to settle past payments and ending those payments going forward. Second, it updates and consolidates the rules for how the Public Guardian and Trustee (PGT) manages money and property for children, with specific steps for working with Indigenous child and family service authorities.

  • Treats past ICBC reimbursements to the government for accident-related health costs as payments toward a new retroactive tax covering 1973 to when the law takes effect, and wipes out any remaining amount.
  • Stops ICBC from making future reimbursements to the government for crash-related health services.
  • Moves and modernizes “property guardianship” rules for children from the Infants Act into the PGT Act, and sets a “best interests of the child” test.
  • Lets the PGT become a child’s property guardian by court order, under other laws, by agreement with an Indigenous authority, or when no one else can act.
  • Clarifies PGT powers (managing settlements, benefits, and property), information-sharing, when guardianship ends, and how funds are transferred at or after age 19 (with an option to extend PGT management by agreement up to age 27).
  • Updates related laws (Adoption, Child, Family and Community Service, School, and others) to align wording and cross-references.

What it means for you#

  • Drivers and ICBC customers

    • Your past insurance coverage and claims are not affected.
    • ICBC will no longer send money to the government for crash-related health costs. Any effect on insurance premiums is not stated in the bill.
  • Parents, caregivers, and children

    • If a child receives money (for example, from a court settlement, inheritance, or benefits) and no one else can manage it, the PGT can step in as “property guardian” to protect and manage those funds.
    • The PGT must act in the child’s best interests, including considering the child’s care, education, well‑being, and the child’s own views when appropriate.
    • Property guardianship ends when the child turns 19, unless a court or law says otherwise. At 19, funds are paid or transferred to the young adult. By agreement, the PGT can keep managing funds until as late as age 27.
  • Indigenous children, families, and authorities

    • The PGT can enter into agreements with Indigenous child and family service authorities to act as property guardian for Indigenous children when both sides confirm it in writing.
    • When deciding what is best for an Indigenous child, the PGT must consider the child’s customs, culture, community connections, and any applicable Indigenous laws.
  • Service providers and institutions (schools, health, courts)

    • The PGT can request and share information needed to manage a child’s funds and legal interests.
    • A PGT letter (or a court order) can serve as proof that the PGT is the child’s property guardian.

Expenses#

Estimated fiscal impact: shifts money flows between ICBC and the provincial government; implementation costs for the PGT may rise, but no estimates are provided.

  • Past ICBC reimbursements to the government are treated as tax already paid; any leftover amount is forgiven. This is mainly an accounting change and settles past obligations.
  • Ending future ICBC reimbursements would reduce a revenue source for the provincial health budget and reduce ICBC’s expenses. The bill gives no dollar figures.
  • The PGT’s expanded and clarified duties may increase administrative costs. No estimates are provided.

Proponents' View#

  • Settles past ICBC–government payments cleanly and avoids ongoing disputes by converting them into a retroactive tax and wiping out the remainder.
  • Provides certainty for drivers, ICBC, and the province without changing anyone’s past insurance coverage.
  • Modernizes and simplifies rules by putting children’s property guardianship under one law (the PGT Act) and aligning related statutes.
  • Strengthens child protection: clear “best interests” test, clear powers to manage funds, and defined start/stop points for guardianship.
  • Respects and supports Indigenous self‑government by allowing agreements with Indigenous authorities and requiring consideration of Indigenous customs, community ties, and laws.

Opponents' View#

  • Using a retroactive tax to validate past payments may be seen as rewriting the rules after the fact and reducing transparency.
  • Ending ICBC reimbursements for crash‑related health costs removes a revenue stream for health services; the province may need to replace it elsewhere.
  • The bill gives the PGT broad information‑sharing powers; some may worry about privacy and data handling.
  • The PGT may need more staff and resources to take on expanded duties; without them, service could slow.
  • Families might be concerned about centralized control of a child’s funds and want stronger checks or easier court review.
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