How to Make a Claim
If you have incurred a loss as a result of property damage, personal injury or vehicle damage and you believe the Capital Regional District (CRD) may be responsible, please follow the process outlined below.
- Damage or loss to your property or home – (i) please contact the CRD department involved to ensure they are aware of the incident; (ii) please fill out a “Notice of Claim” form and submit using options listed below iii) you should contact your personal property or home insurer. Your insurer will contact the CRD in respect to all financial matters.
- Damage to your vehicle – please contact ICBC and your private insurer (where applicable) to report the accident and to make a claim (ICBC - Dial-a-Claim 1.800.910.4222 or online at www.icbc.com). Your insurer will contact the CRD.
- All other claims, please proceed with the following process - If you wish to make a claim, please complete a “Notice of Claim” form and submit using options listed below.
Submitting Your Notice of Claim
The CRD requires that claims be submitted in writing using the Notice of Claim form, which should be completed and emailed (see form for email address), mailed or faxed to:
Capital Regional District
Attention: Risk Management
PO Box 1000, 625 Fisgard St
Fax #: 250.360.3076
Claim Restrictions and Limitations
Please be advised that, if you wish to file a claim, there are restrictions and limitations that may apply. The Capital Regional District is governed by the Local Government Act (the Act). We would like to draw your attention to the following:
Immunity unless notice given to municipality after damage
Part 18, Division 1, Section 735 of the Act states that notice must be provided in writing to the CRD within 2 months from the date on which damage is sustained. The following has been taken from this Act:
- A municipality or regional district is in no case liable for damages unless notice in writing, setting out the time, place and manner in which the damage has been sustained, is delivered to the municipality or regional district , as applicable, within 2 months from the date on which the damage was sustained.
- In case of the death of a person injured, the failure to give notice required by this section is not a bar to the maintenance of the action.
- Failure to give the notice or its insufficiency is not a bar to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal, believes:
- there was reasonable excuse, and
- the defendant has not been prejudiced in its defence by the failure or insufficiency.
Limitation period for actions against municipality
Part 18, Division 1, Section 735 of the Act states an action against the CRD must commence within 6 months after the cause of action first arose. The following has been taken from the Act:
All actions against a municipality or regional district for the unlawful doing of anything that:
- is purported to have been done by the municipality or regional district under the powers conferred by an Act, and
- might have been lawfully done by the municipality or regional district if acting in the manner established by law,
must be commenced within 6 months after the cause of action first arose, or within a further period designated by the council or board in a particular case, but not afterwards.
Immunity in relation to certain nuisance actions
Part 18, Division 1, Section 744 of the Act states the CRD is granted immunity from liability if damages arise from breakdowns or malfunction of sewer systems, water systems, dikes or roads, unless due to the negligence of actions by the CRD. The following has been taken from the Act:
A municipality, council, regional district, regional district board, improvement district or a greater board is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if damages arise directly or indirectly out of the breakdown or malfunction of a:
- a sewer system,
- a water or drainage facility or system, or
- a dike or a road.
After A Claim Is Received
When Risk Management receives your claim:
- You will receive a written acknowledgement of your Notice of Claim or letter.
- An investigation will be commenced. Please note that it may take several weeks for a determination to be made depending on the type of claim, so we suggest that you also contact your insurer to see if coverage exists under your insurance policy.
- A decision is made upon the completion of the investigation.
- You will be notified in writing of the decision.
Risk Management employees represent the interests of the CRD and are unable to provide legal opinions to claimants or potential claimants. Please note that British Columbia law provides strict deadlines to file claims against municipalities.