Legal Concerns

This page provides information about legal concerns relating to the ICBC reporting process. 

Click on the headers below to expand content.

Legal requirement to complete the reports

As per Section 28 or 28.1 of the Insurance (Vehicle) Act ICBC reports are legally required. If requested by ICBC Health Care Practitioners cannot opt out of sending a report. If a patient does not give consent to the MRP to share information proactively, ICBC will request the report at a later date and HCPs are required to comply by law.

Legalities of consent

It is important to discuss with your patient the purpose of the reports and ensure you have received their consent to proactively share the report with ICBC, consistent with your consent and information sharing guidelines.

Please ensure reports are shared with ICBC only in the following circumstances:

  1. Proactively where patient consent has been granted; or
  2. Upon request by ICBC as required by legislation.

Consent is given only to share the reports – no other medical information will be shared.

For more information on patient consent, including a flow chart of the process, review ICBC’s patient consent considerations document.

Treatment protocols and guidelines

Treatment protocols and guidelines are addressed in two places on the report. The first area is where the MRP makes note of any established protocols or guidelines they are following in the treatment of the patient’s injuries. The second section, at the end of each report, is where the physician indicates that they have completed the minimum requirements of the Treatment protocols, found in the Minor Injury Regulation. These are best-practice patient education approaches and are likely part of normal patient interactions.

ICBC recognizes that professional experience, along with the accumulated knowledge from a multitude of sources, will inform the treatment plan, and that in some cases this section of the report may not be completed as a single source of reference would not be possible to identify.

Civil Resolution Tribunal

The Civil Resolution Tribunal (CRT) is an online administrative court and part of the public justice system. They are an independent, neutral decision maker and cannot provide legal advice, but work to resolve motor vehicle injury disputes. The CRT can resolve motor vehicle claims of up to $50,000.

Learn more at their website.

Minor Injury Definition

The MRP is responsible for diagnosis and care plan but not defining the injury classification (minor or otherwise) – treat the patient as needed based on their injuries. The “Minor Injury” definition is legal, not medical.

The definition of an injury as minor will affect the limit on pain and suffering settlements but there is no effect on care given.

See ICBC Health Care Provider FAQ for more information.

If you have any questions about the ICBC Education Project or these webpages, please contact icbc.cpd@ubc.ca.

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