The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 26th day of November, 2018
Kate Ryan-Lloyd, Acting Clerk of the House
HONOURABLE CLAIRE TREVENA
MINISTER OF TRANSPORTATION
AND INFRASTRUCTURE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended
(a) by adding the following definitions:
"accessible passenger directed vehicle" means a passenger directed vehicle designed and manufactured, or converted, for the purpose of transporting persons who use mobility aids;
"fleet size" has the prescribed meaning; ,
(b) by repealing the definition of "general authorization vehicle identifier",
(c) by repealing the definition of "inter-city bus" and substituting the following:
"inter-city bus" means either of the following:
(a) a commercial passenger vehicle, other than a commercial passenger vehicle excluded by regulation, when the commercial passenger vehicle is operated
(i) on a set time schedule
(A) between a prescribed municipality and another location outside the municipality, whether in British Columbia or not, or
(B) between a location in a prescribed regional district and another location inside or outside the prescribed regional district, whether in British Columbia or not,
(ii) for individual fares,
(iii) over a regular route, and
(iv) between fixed terminating points, picking up or dropping off passengers at intermediate points as necessary;
(b) a prescribed commercial passenger vehicle; ,
(d) by adding the following definition:
"inter-city bus authorization" means an authorization that, if included in a licence, authorizes one or more motor vehicles to be operated as inter-city buses; ,
(e) in the definition of "managing" by striking out "includes determining the uses to which the motor vehicle may be put;" and substituting "includes determining the uses to which the motor vehicle may be put, but does not include providing transportation network services;",
(f) by adding the following definition:
"mobility aid" means
(a) a wheelchair, scooter or other device used to facilitate the transport, in a normally seated position, of a person with a disability, or
(b) a prescribed device used to facilitate the transport of a person with a disability; ,
(g) by repealing the definition of "passenger directed vehicle" and substituting the following:
"passenger directed vehicle" means the following:
(a) a commercial passenger vehicle, when the vehicle is operated to or from locations determined by or on behalf of the passengers, but does not include
(i) a commercial passenger vehicle that can accommodate more than the prescribed number of persons, or
(ii) a commercial passenger vehicle excluded by regulation;
(b) a prescribed commercial passenger vehicle; ,
(h) by adding the following definition:
"passenger directed vehicle authorization" means an authorization that, if included in a licence, authorizes one or more motor vehicles to be operated as passenger directed vehicles, but only if those motor vehicles are hailed other than through the use of transportation network services; ,
(i) by repealing the definition of "rates" and substituting the following:
"rates", in relation to compensation that may be charged or collected for the transportation of passengers in commercial passenger vehicles, includes the following:
(a) discount fares;
(b) round-trip fares;
(c) point-to-point fares;
(d) deadhead charges;
(e) minimum and maximum charges;
(f) any other fares, fees or charges; ,
(j) by repealing the definition of "special authorization" and substituting the following:
"special authorization" means any of the following:
(a) an inter-city bus authorization;
(b) a passenger directed vehicle authorization;
(c) a transportation network services authorization; ,
(k) by repealing the definition of "special authorization vehicle identifier",
(l) in the definition of "temporary operating permit" by striking out "section 36, 37 or 38;" and substituting "section 37 [applications considered by the registrar] or 38 [applications considered by the board];", and
(m) by adding the following definitions:
"transportation network services" means either of the following:
(a) services, other than services excluded by regulation, respecting the connection of drivers of passenger directed vehicles with passengers who hail and pay for the services through the use of an online platform;
(b) prescribed services;
"transportation network services authorization" means an authorization that, if included in a licence,
(a) authorizes the licensee to provide transportation network services, and
(b) authorizes one or more motor vehicles to be operated as passenger directed vehicles, but only if those motor vehicles are hailed through the use of the transportation network services;
"vehicle identifier" means a sticker, decal, tag, certificate, plate or other identifier that
(a) is issued by the registrar to a licensee, or is authorized by the registrar to be issued by a licensee, and
(b) is required, as a term or condition of the licensee's licence, to be displayed on or in each motor vehicle operated under that licence.
2 Section 5 is amended
(a) in subsection (1) by striking out "an investigation" and substituting "an audit or investigation",
(b) by repealing subsection (2) and substituting the following:
(2) Without limiting section 2 (3) [registrar and staff], the registrar, or a person authorized by the registrar under section 4 [powers, functions and duties of the registrar] or otherwise, may conduct an audit or investigation that the registrar considers necessary to ensure compliance with this Act and the regulations, including, without limitation, an audit or investigation for any of the following purposes:
(a) determining whether an applicant, licensee, permit holder or driver
(i) holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations, and
(ii) is otherwise in compliance with this Act;
(b) in respect of a person who is or may be driving a passenger directed vehicle under a licence or temporary operating permit that is or may be issued, determining whether
(i) the person has undergone the prescribed record checks in accordance with section 42.2 (1) (a) [prescribed record checks required for drivers of passenger directed vehicles],
(ii) the person has a record that includes a prescribed matter, contrary to section 42.2 (2),
(iii) the licensee has ensured that the person complies with section 42.2 (1), (2) and (4),
(iv) the person has a record check certificate and is displaying the certificate as required under section 42.3 (a) [record check certificate must be displayed in passenger directed vehicle], or
(v) the licensee has issued a record check certificate to the person and has ensured that the person displays the certificate as required under section 42.3 (a);
(c) in respect of a motor vehicle that is or may be operated under a licence or temporary operating permit that is or may be issued, determining whether
(i) the motor vehicle meets prescribed requirements,
(ii) proof of financial responsibility has been given to the Insurance Corporation of British Columbia under section 106 [proof of financial responsibility] of the Motor Vehicle Act, or
(iii) the applicable motor vehicle liability policies have been issued;
(d) determining whether a licence or temporary operating permit should be issued, amended, transferred, renewed or replaced;
(e) determining whether a penalty should be imposed under Part 6 [Enforcement];
(f) determining whether an order under Part 6 has previously been made in respect of an applicant, licensee or permit holder;
(g) investigating, in compliance with a direction of the board, any matter related to an application for a licence in which a special authorization is sought;
(h) any other matter in relation to which the registrar or the board has powers or duties under this Act. ,
(c) in subsection (2.1) by striking out "an investigation" and substituting "an audit or investigation", and
(d) in subsections (4) (a), (5) and (7) by striking out "the investigation" and substituting "the audit or investigation".
3 Section 7 (1) is amended
(a) in paragraph (a) by striking out "any investigations" and substituting "any audits or investigations",
(b) in paragraph (b) by adding the following subparagraph:
(i.1) any matter related to the provision of transportation network services, , and
(c) in paragraph (f) by striking out "operated under the authority of the licensee's licence or under any temporary operating permit approved by the board under Division 5 of Part 4," and substituting "operated under a licence that includes a passenger directed vehicle authorization or transportation network services authorization, or under a temporary operating permit that includes a passenger directed vehicle authorization,".
4 The following Division is added to Part 3:
Division 4 – Reports of the Board
22.1 Within 5 months after the end of each fiscal year, the board must make a report to the minister for the preceding fiscal year, setting out briefly
(a) all applications made for a licence that includes a special authorization,
(b) the financial statements applicable to the board, including full disclosure of the expenses of the board, and
(c) other information the minister may require.
22.2 In addition to any other reports the board may or must provide under this Act, the board must, when directed to do so by the minister,
(a) review this Act and the regulations and recommend to the minister any amendments to this Act or the regulations that the board considers will better enable the board and the registrar to perform or exercise the board's or the registrar's powers, functions and duties under this Act, and
(b) report to the minister on any other matter relating to this Act or the regulations, as specified by the minister.
5 Section 23 (1) is repealed and the following substituted:
(1) A person must not operate a motor vehicle as a type of commercial passenger vehicle unless the following requirements are met:
(a) the motor vehicle is being operated under a valid licence that authorizes the motor vehicle to be operated as that type of commercial passenger vehicle;
(b) the motor vehicle is being operated under a valid safety certificate;
(c) the person meets prescribed requirements and is otherwise operating the motor vehicle in compliance with the licence, this Act, the regulations and other applicable laws;
(d) passengers transported in the motor vehicle are charged rates in compliance with, as applicable,
(i) rates approved or set by the board under section 7 (1) (f) [rates for passenger directed vehicles], and
(ii) rules made under section 7 (1) (g) [rules respecting rates charged by licensees];
(e) the motor vehicle meets prescribed requirements.
6 Section 23 (3) is amended
(a) by striking out "convey" and substituting "transport",
(b) by striking out "or flag" and "or flagged", and
(c) by repealing paragraph (a) and substituting the following:
(a) the licence under which the motor vehicle is operated includes a passenger directed vehicle authorization that expressly authorizes the motor vehicle to be hailed from the street, or .
7 Section 23 (4) is amended by striking out "or hold himself or herself out as able to provide" and substituting "or advertise or hold out that the person is able to provide".
8 Section 23 (5) is repealed.
9 The following section is added:
23.1 (1) A person must not provide transportation network services unless the following requirements are met:
(a) the person is authorized under a valid licence to provide the transportation network services;
(b) the person holds a valid safety certificate;
(c) the person meets prescribed requirements and is otherwise in compliance with the licence, this Act, the regulations and other applicable laws;
(d) passengers transported in passenger directed vehicles operated under the licence are charged rates in compliance with, as applicable,
(i) rates approved or set by the board under section 7 (1) (f) [rates for passenger directed vehicles], and
(ii) rules made under section 7 (1) (g) [rules respecting rates charged by licensees].
(2) Without limiting section 23 (1), a person who drives a motor vehicle as a commercial passenger vehicle must not transport in the motor vehicle, as passengers, persons who hail the motor vehicle through the use of transportation network services unless the licence under which the person is driving the motor vehicle includes a transportation network services authorization that expressly authorizes the motor vehicle to be hailed through the use of those services.
(3) A person must not provide, or advertise or hold out that the person is able to provide, transportation network services unless the person is a licensee whose licence includes the transportation network services authorization necessary to provide those services.
(4) For certainty, a person does not provide transportation network services by driving a passenger directed vehicle under a transportation network services authorization.
10 Section 24 is repealed and the following substituted:
24 (1) A person may apply to the registrar for a licence.
(2) An application for a licence must set out the authorizations sought by the applicant.
(3) If an applicant is seeking a passenger directed vehicle authorization or transportation network services authorization, the application must set out the rates, and any rules, practices or tariffs relating to those rates, that the applicant proposes will apply to the authorization.
11 Section 25 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If the registrar receives an application for a licence in which the only authorization sought is a general authorization, the registrar must, subject to subsections (1.1), (4) and (5), issue a licence in response to that application, and provide the licence to the applicant, if the registrar is satisfied that the following requirements are met:
(a) the applicant
(i) holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations, and
(ii) meets prescribed requirements;
(b) one of the following has occurred, or the applicant will ensure, before motor vehicles are operated under the licence, that one of the following has occurred:
(i) proof of financial responsibility has been given to the Insurance Corporation of British Columbia under section 106 [proof of financial responsibility] of the Motor Vehicle Act;
(ii) the applicable motor vehicle liability policies have been issued;
(c) the applicant will ensure that motor vehicles operated under the licence meet prescribed requirements;
(d) the applicant is not subject to an order under Part 6 [Enforcement];
(e) the applicant has paid the prescribed fee for
(i) the licence, and
(ii) the vehicle identifiers, if those vehicle identifiers are required to be issued by the registrar. ,
(b) by adding the following subsections:
(2.1) The registrar must establish as a term or condition of a licence issued under this section that each motor vehicle operated under the licence must display, at the times and in the form and manner required by the registrar, a vehicle identifier that is
(a) issued to the licensee by the registrar, or
(b) authorized by the registrar to be issued by the licensee.
(2.2) A licence issued under this section may include other terms and conditions that the registrar may require. , and
(c) in subsection (3) by striking out "section 23 (1) (b)" and substituting "section 23 (1) [licence required to operate commercial passenger vehicle]".
12 The heading to Division 3 of Part 4 is repealed and the following substituted:
Division 3 – Inter-City Buses, Passenger Directed Vehicles
and Transportation Network Services .
13 Section 27 (3) (b) is amended by striking out "direct the registrar to conduct an investigation" and substituting "direct the registrar to conduct an audit or investigation".
14 Section 28 is amended
(a) in subsection (1) by striking out "may approve an application forwarded to it under section 26 (1) if the board considers that" and substituting "may approve, in whole or in part, an application forwarded to it under section 26 (1) after considering whether",
(b) by repealing subsections (2) and (3) and substituting the following:
(2) If the board approves an application for a licence, the board must specify the special authorizations that should be included in the licence, if issued.
(3) The board may establish terms and conditions that apply to a special authorization included in a licence, if issued, including, without limitation, terms and conditions respecting any of the following:
(a) equipment or technology that must be installed, used or carried on or in motor vehicles operated under the authorization and the inspection, testing, adjustment, display and use of that equipment or technology;
(b) if the licence is to include an inter-city bus authorization, routes and minimum route frequencies;
(c) if the licence is to include a passenger directed vehicle authorization,
(i) the methods by which motor vehicles may be hailed under the authorization, which methods may include
(A) booking the motor vehicle in advance,
(B) hailing the motor vehicle from the street,
(C) hailing the motor vehicle through a dispatcher, or
(D) any other hailing method, other than hailing through the use of transportation network services,
(ii) information that must be displayed or carried on or in the motor vehicles, including information the board considers necessary to promote passenger safety and consumer protection,
(iii) fleet size, and
(iv) the geographic area in which motor vehicles may be operated under the authorization;
(d) if the licence is to include a transportation network services authorization,
(i) information that must be displayed or carried on or in the motor vehicles or made available to passengers through the use of the licensee's online platform, or both, including information referred to in paragraph (c) (ii),
(ii) fleet size, and
(iii) the geographic area in which motor vehicles may be operated under the authorization. , and
(c) by adding the following subsections:
(4) The board must establish as a term or condition of a special authorization that each motor vehicle operated under the authorization must display, at the times and in the form and manner required by the registrar, a vehicle identifier that is
(a) issued to the licensee by the registrar, or
(b) authorized by the registrar to be issued by the licensee.
(5) The board must establish as a term or condition of a passenger directed vehicle authorization or transportation network services authorization that the licensee must provide to the registrar any information, including personal information, and data that the registrar or the board may require, including, without limitation, information and data respecting
(a) the motor vehicles, and the drivers of those motor vehicles, operated under the authorization,
(b) the availability of the motor vehicles, at given points in time, for hailing by methods permitted under the authorization, and
(c) trips taken by passengers transported in accessible passenger directed vehicles or trips taken by passengers transported in non-accessible passenger directed vehicles, or both, including
(i) trip rates,
(ii) wait times,
(iii) pick-up times and locations, and
(iv) drop-off times and locations.
(6) The board must establish as a term or condition of a transportation network services authorization that motor vehicles may be hailed under the authorization only through the use of the transportation network services approved under that authorization.
(7) The board must notify the registrar and the applicant of
(a) a decision under subsection (1) approving or refusing to approve an application for a licence, and
(b) if the application is approved, the terms and conditions established in respect of each authorization to be included in the licence, if issued.
15 Section 29 is repealed and the following substituted:
29 (1) After receiving notice from the board that the board has approved, in whole or in part, an application for a licence in which a special authorization is sought, the registrar must issue a licence in response to that application, and provide the licence to the applicant, if the registrar is satisfied that the following requirements are met:
(a) the applicant
(i) holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations, and
(ii) meets prescribed requirements;
(b) one of the following has occurred, or the applicant will ensure, before motor vehicles are operated under the licence, that one of the following has occurred:
(i) proof of financial responsibility has been given to the Insurance Corporation of British Columbia under section 106 [proof of financial responsibility] of the Motor Vehicle Act;
(ii) the applicable motor vehicle liability policies have been issued;
(c) the applicant will ensure that motor vehicles operated under the licence meet prescribed requirements;
(d) the applicant is not subject to an order under Part 6 [Enforcement];
(e) the applicant has paid the prescribed fee for
(i) the licence, and
(ii) the vehicle identifiers, if those vehicle identifiers are required to be issued by the registrar.
(2) A licence issued under this section must include the following:
(a) a general authorization, if applied for, that includes
(i) the term or condition referred to in section 25 (2.1) [motor vehicle must display vehicle identifier], and
(ii) any other terms and conditions that the registrar may require;
(b) the special authorizations specified by the board under section 28 (2) [determination by board];
(c) the terms and conditions established by the board under section 28 (3) to (6).
(3) If a licence issued under this section includes a general authorization, inter-city bus authorization or passenger directed vehicle authorization, the licensee is, subject to section 23 (1) [requirements respecting licensee], authorized to operate motor vehicles under the licence as commercial passenger vehicles if and only to the extent that the licence authorizes that operation.
(4) If a licence issued under this section includes a transportation network services authorization,
(a) the licensee is, subject to section 23.1 (1) [licence required to provide transportation network services], authorized to provide transportation network services under the licence if and only to the extent that the licence authorizes the provision of those services, and
(b) persons are, subject to section 23 (1), authorized to operate motor vehicles as passenger directed vehicles under the licence if and only to the extent that the licence authorizes that operation.
16 Section 30 is amended
(a) in subsection (1) by striking out "To maintain the validity of a licence despite a transfer of the licence, a licensee must" and substituting "A licensee must", and
(b) by repealing subsections (2) and (3) and substituting the following:
(2) In applying Division 2 or 3 for the purposes of this section,
(a) except in the provisions referred to in paragraphs (b), (c) and (d) of this subsection, the provisions in Division 2 or 3 are to be read as if references to "the applicant" were references to "the transferee",
(b) sections 25 (1) (d) [application and issue of licence that includes only general authorization] and 29 (1) (d) are to be read as if the reference to "the applicant is not subject" were a reference to "neither the applicant nor the transferee is subject",
(c) section 27 (1) (b) [consideration of application] is to be read as if a reference to "the applicant" were a reference to "the applicant or transferee", and
(d) section 28 (7) [determination by board] is to be read as if a reference to "the applicant" were a reference to "the applicant and the transferee".
(3) Promptly after a licence is transferred, the person who is transferring the licence must do the following:
(a) ensure that each vehicle identifier the person was required to display on or in motor vehicles operated under the licence ceases to be displayed on or in those motor vehicles;
(b) collect the vehicle identifiers referred to in paragraph (a), or notify the registrar if the person fails to collect each of those vehicle identifiers;
(c) if the vehicle identifiers collected under paragraph (b) were issued by the registrar, return those vehicle identifiers to the registrar in the prescribed manner.
17 Section 31 (2) is amended by striking out "sections 28 (2) and 29 apply" and substituting "sections 28 (2) to (6) and (7) (b) [determination by board] and 29 [role of registrar if board approves licence including special authorization] apply".
18 Section 32 is repealed and the following substituted:
32 (1) A licensee whose licence includes a general authorization or inter-city bus authorization may, unless the licensee is subject to an order under section 46 (1) (a) [suspension of licence], (c) (i) or (ii) [order to stop operating or providing services] or (d) [cancellation of licence], operate one or more additional motor vehicles as general passenger vehicles or inter-city buses under the licence without obtaining an amendment to the licence under section 31 [amendment of licences].
(2) A licensee whose licence includes a passenger directed vehicle authorization may not increase the fleet size authorized under the licence unless the licensee obtains an amendment to the licence under section 31.
(3) A licensee whose licence includes a transportation network services authorization may not, unless the licensee obtains an amendment to the licence under section 31,
(a) increase the fleet size authorized under the licence, or
(b) provide transportation network services that are different from the transportation network services authorized under the licence.
19 Section 33 is amended
(a) in subsections (1) and (2) by striking out "a licence, a special authorization vehicle identifier or a vehicle identification certificate" and substituting "a licence or a vehicle identifier issued by the registrar",
(b) in subsection (3) by striking out "a licence, a special authorization vehicle identifier or a vehicle identification certificate under subsection (2)" and substituting "a licence or a vehicle identifier issued by the registrar" and by striking out "must replace that record" and substituting "must replace the licence or vehicle identifier",
(c) in subsection (3) (a) by striking out "the original record" and substituting "the original licence or vehicle identifier" and by striking out "and",
(d) in subsection (3) (b) by striking out "that record." and substituting "that licence or vehicle identifier, and", and
(e) in subsection (3) by adding the following paragraph:
(c) the applicant has paid the prescribed fee for
(i) the licence, and
(ii) the vehicle identifier.
20 Section 34 is amended
(a) in subsection (4) by striking out "that includes a special authorization",
(b) by repealing subsection (6) and substituting the following:
(6) Subject to subsection (6.1), on receipt of an application under this section, the registrar must renew the licence that is the subject of the application if satisfied that
(a) the terms and conditions of the licence do not prohibit renewal of the licence,
(b) in the case of a licence that includes a general authorization, the requirements set out in section 25 (1) [application and issue of licence that includes only general authorization] are met, and
(c) in the case of a licence that includes a special authorization, the requirements set out in section 29 (1) [role of registrar if board approves licence including special authorization] are met. ,
(c) by adding ", and" at the end of subsection (7) (a),
(d) by repealing subsection (7) (b) and substituting the following:
(b) a vehicle identifier for each of the motor vehicles in respect of which a vehicle identifier issued by the registrar is required under the licence. , and
(e) by repealing subsection (7) (c).
21 Section 35 (1) is amended by striking out "a licensee whose licence includes an authorization to operate one or more vehicles as passenger directed vehicles" and substituting "a licensee whose licence includes a passenger directed vehicle authorization or transportation network services authorization".
22 Section 36 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) the motor vehicle is being operated under a valid temporary operating permit that authorizes the motor vehicle to be operated as that type of commercial passenger vehicle, ,
(b) by repealing subsections (2) and (3) and substituting the following:
(2) A person who is not a licensee may apply to the registrar for a temporary operating permit to operate one or more motor vehicles as commercial passenger vehicles.
(3) An application under this section must set out the proposed period for which the temporary operating permit is to apply. , and
(c) by adding the following subsection:
(4) If the registrar receives an application under this section, the registrar must consider the application under section 37 [applications considered by the registrar].
23 The following section is added:
36.1 (1) Despite sections 23 [licence required to operate commercial passenger vehicle] and 32 (2) [licence amendment required to increase fleet size], a licensee whose licence includes a passenger directed vehicle authorization may, in order to operate additional motor vehicles as passenger directed vehicles without holding a valid licence to authorize the operation of those additional motor vehicles, temporarily increase the licensee's fleet size if the following requirements are met:
(a) each of the additional motor vehicles is being operated under a valid temporary operating permit that authorizes the motor vehicles to be operated as passenger directed vehicles;
(b) each of the additional motor vehicles is being operated under a valid safety certificate;
(c) persons operating each of the additional motor vehicles are in compliance with section 23 (1) (c) and (d);
(d) each of the additional motor vehicles meets prescribed requirements.
(2) A licensee may apply to the registrar for a temporary operating permit to temporarily increase the fleet size authorized under the licence.
(3) An application under this section must set out
(a) the proposed period for which the temporary operating permit is to apply,
(b) the reasons for applying for the temporary operating permit, and
(c) the rates, and any rules, practices or tariffs applicable to those rates, that the applicant proposes will apply to motor vehicles operated under the temporary operating permit.
(4) If the registrar receives an application under this section, the registrar must forward the application to the board for consideration under section 38 [applications considered by the board].
24 Section 37 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The registrar must issue a temporary operating permit in response to an application received under section 36 [applications for temporary operating permits] if the registrar is satisfied that,
(a) in the case of an application to operate a motor vehicle as a general passenger vehicle, the requirements set out in section 25 (1) [application and issue of licence that includes only general authorization] are met, and
(b) in the case of an application to operate a motor vehicle as an inter-city bus or passenger directed vehicle, the requirements set out in section 29 (1) [role of registrar if board approves licence including special authorization] are met.
(1.01) In applying sections 25 (1) and 29 (1) for the purposes of subsection (1) of this section, those sections are to be read as if references to "licence" were references to "temporary operating permit". ,
(b) by adding the following subsections:
(1.2) A temporary operating permit issued under this section must not have a term that is longer that the prescribed maximum period.
(1.3) A temporary operating permit issued under this section may include terms and conditions that the registrar may require. , and
(c) by repealing subsection (2) and substituting the following:
(2) If a temporary operating permit is issued under this section, the motor vehicles to which the temporary operating permit relates are authorized to be operated as commercial passenger vehicles if and only to the extent that the temporary operating permit authorizes that operation.
25 Section 38 is repealed and the following substituted:
38 (1) The board may approve an application forwarded to it under section 36.1 (4) [application by licensee to temporarily increase fleet size] if the board considers that there is an urgent and temporary need for the licensee to increase the number of motor vehicles that are or may be operated under the licence.
(2) Sections 28 (1) (b), (3) (a) and (c), (5) and (7) [determination by board] and 29 (1) [role of registrar if board approves licence including special authorization] apply to an application forwarded to the board under 36.1 (4) and, for this purpose, those sections are to be read as if
(a) references to "licence" were references to "temporary operating permit", and
(b) the reference to "licensee" in section 28 (5) were a reference to "permit holder".
(3) If a temporary operating permit is issued under this section, the motor vehicles to which the temporary operating permit relates are authorized to be operated as passenger directed vehicles if and only to the extent that the temporary operating permit authorizes that operation.
26 Section 39 (c) is repealed and the following substituted:
(c) a person must, when operating a motor vehicle to which the temporary operating permit applies,
(i) if the temporary operating permit authorizes the motor vehicle to be operated as a general passenger vehicle or inter-city bus, carry in that motor vehicle a copy of that temporary operating permit, or
(ii) if the temporary operating permit authorizes the motor vehicle to be operated as a passenger directed vehicle, carry in that motor vehicle
(A) a copy of that temporary operating permit, or
(B) evidence of authority to operate the motor vehicle under that temporary operating permit and, for this purpose, the evidence must be capable of being produced in the prescribed form and manner, .
27 Section 39.1 is amended by adding the following subsection:
(5) In addition to the penalties that may be imposed under subsection (2) or (3), the registrar or the board may require that the licensee do one or both of the following:
(a) complete a specified education or training program;
(b) require persons who operate motor vehicles under the licensee's licence to complete a specified education or training program.
28 Section 42 is amended by striking out "Each licence, special authorization vehicle identifier and vehicle identification certificate" and substituting "Each licence and vehicle identifier issued by the registrar".
29 The following section is added to Part 4:
42.1 (1) On or before January 1, 2022, the Legislative Assembly must appoint a special committee for the purposes of this section.
(2) The special committee must conduct a review of passenger directed vehicle services and transportation network services administered under this Act, including, without limitation, a review of the following:
(a) whether the provision of licences under the Act that include passenger directed vehicle authorizations or transportation network services authorizations promotes
(i) an adequate supply of passenger directed vehicles, including accessible passenger directed vehicles, and
(ii) passenger and driver safety;
(b) the effectiveness of the test set out in section 28 (1) [determination by board] in meeting the objective referred to in paragraph (a) of this subsection;
(c) whether the Act promotes employment in the passenger directed vehicle services and transportation network services industries;
(d) impacts on public transportation, traffic congestion and the environment attributable to the administration under this Act of passenger directed vehicle services and transportation network services;
(e) whether the Act promotes passenger directed vehicle services, including transportation network services, in small, rural or remote communities.
(3) In conducting the review under this section, the special committee may
(a) request and consider records, information or reports from the registrar and the board relating to a matter referred to in subsection (2), and
(b) solicit and review written and oral submissions from any interested person or organization.
(4) Within one year of being appointed to conduct the review under this section, the special committee must submit a report to the Legislative Assembly respecting the results of that review.
(5) The report submitted under subsection (4) may include any recommendations that the special committee considers appropriate.
30 The following sections are added to Part 5:
42.2 (1) A person must not drive a passenger directed vehicle under a licence unless
(a) the person has undergone the prescribed record checks in accordance with the prescribed record check requirements, and
(b) the person has provided to the licensee a copy of the prescribed record checks.
(2) A person who has undergone prescribed record checks under subsection (1) (a) must not drive a passenger directed vehicle under a licence if either of the following applies:
(a) the results of the prescribed record checks indicate that the person has a record that includes a prescribed matter;
(b) the prescribed record checks do not indicate that the person has a record that includes a prescribed matter, but, before undergoing the next prescribed record checks, the person acquires a record that includes a prescribed matter.
(3) As soon as practicable after obtaining a driver's prescribed record checks under subsection (1) (b), a licensee must, if the results of the prescribed record checks indicate that the driver does not have a record that includes a prescribed matter, issue to the driver a record check certificate that sets out the prescribed information.
(4) If a driver of a passenger directed vehicle under a licence acquires a record that includes a prescribed matter, the driver must, as soon as practicable,
(a) notify the licensee of the record, and
(b) return to the licensee the record check certificate issued under subsection (3).
(5) A licensee must immediately notify the registrar if any of the following occurs:
(a) the results of a prescribed record check indicate that a person has a record that includes a prescribed matter;
(b) the licensee receives notice under subsection (4) (a);
(c) a driver fails to return, under subsection (4) (b), a record check certificate.
(6) A licensee who holds a licence that includes a passenger directed vehicle authorization or transportation network services authorization must ensure that all drivers who are or may be operating passenger directed vehicles under the licence comply with subsections (1), (2) and (4).
(7) A licensee who holds a licence that includes a passenger directed vehicle authorization or transportation network services authorization must maintain records of each of the following for the calendar year in which the records were obtained or made and for the next 5 calendar years:
(a) a prescribed record check obtained under subsection (1) (b);
(b) a notice received under subsection (4).
42.3 When a motor vehicle is being operated under a licence as a passenger directed vehicle,
(a) the driver must display in the vehicle, at the times and in the form and manner required under the licence, the driver's record check certificate issued under section 42.2 (3), and
(b) the licensee must ensure that the driver's record check certificate is displayed in accordance with paragraph (a).
31 Section 43 is repealed and the following substituted:
43 (1) When a person is operating a motor vehicle as a general passenger vehicle or inter-city bus under a licence, the person must carry in the motor vehicle a copy of the licence.
(2) When a person is operating a motor vehicle as a passenger directed vehicle under a licence, the person must carry in the motor vehicle
(a) a copy of the licence, or
(b) evidence of authority to operate the motor vehicle under the licence and, for this purpose, the evidence must be capable of being produced in the prescribed form and manner.
32 Section 44 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (1.1), when a person is operating a motor vehicle as a commercial passenger vehicle, the person
(a) must display a vehicle identifier on or in the motor vehicle in accordance with the terms and conditions of the licence that authorizes that operation, and
(b) must not display any other vehicle identifier on or in that motor vehicle.
(1.1) Subsection (1) does not apply if the person
(a) is operating the motor vehicle under a valid temporary operating permit, and
(b) is in compliance with section 39 (c) [temporary operating permit or evidence of authority to operate must be carried in motor vehicle]. , and
(b) in subsections (2), (3) and (4) by striking out "special authorization vehicle identifier" wherever it appears and substituting "vehicle identifier".
33 Section 45 is repealed and the following substituted:
45 (1) A licensee who voluntarily ceases to operate one or more motor vehicles as commercial passenger vehicles under a licence, or who voluntarily ceases to provide transportation network services under a licence, must do the following:
(a) promptly report the cessation to the registrar;
(b) collect each vehicle identifier displayed on or in the motor vehicles to which the cessation relates, or notify the registrar if the licensee fails to collect any of the vehicle identifiers;
(c) if the vehicle identifiers collected under paragraph (b) were issued by the registrar, return those vehicle identifiers to the registrar in the prescribed manner.
(2) A person who operates a motor vehicle as a commercial passenger vehicle under a licence must, if the person is not the licensee and the licensee reports a voluntary cessation under subsection (1),
(a) cease displaying on or in the motor vehicle the vehicle identifier required in respect of that motor vehicle, and
(b) return the vehicle identifier to the licensee for collection under subsection (1) (b).
34 The following section is added to Part 5:
45.1 (1) A licensee must ensure that persons who operate motor vehicles under the licensee's licence comply with the following provisions:
(a) section 23 (1) [licence required to operate commercial passenger vehicle];
(b) section 43 (1) and (2) [licence or evidence of authority to operate must be carried in motor vehicle];
(c) section 44 (1) [display of vehicle identifier];
(d) section 45 (2) (a) [person must cease displaying vehicle identifier if licensee ceases to operate or provide services].
(2) A permit holder must ensure that persons who operate motor vehicles under the permit holder's temporary operating permit comply with the following provisions, as applicable:
(a) section 36 (1) (c) [authority to operate commercial passenger vehicle under temporary operating permit];
(b) section 36.1 (1) (c) [authority to operate additional passenger directed vehicles under temporary operating permit];
(c) section 39 (c) [temporary operating permit or evidence of authority to operate must be carried in motor vehicle].
35 Section 46 is amended
(a) by repealing subsection (1) (c) and substituting the following:
(c) order the licensee to do one or more of the following:
(i) stop operating, or cause other persons to stop operating, one or more motor vehicles under the licence;
(ii) stop providing, or cause other persons to stop providing, one or more services under the licence;
(iii) cease displaying, or cause other persons to cease displaying, the vehicle identifiers required to be displayed on or in the motor vehicles;
(iv) collect the vehicle identifiers referred to in subparagraph (iii), or notify the registrar if the licensee fails to collect any of those vehicle identifiers;
(v) if the vehicle identifiers collected under subparagraph (iv) were issued by the registrar, return those vehicle identifiers to the registrar in the prescribed manner; ,
(b) in subsection (1) (d) by striking out "licence" and substituting "licence, or an authorization included in that licence,",
(c) by repealing subsection (1.1),
(d) in subsection (2) (c) by striking out "which amount must not exceed $1 500" and substituting "which amount must not exceed $50 000", and
(e) by adding the following subsection:
(2.1) Before proposing to impose an administrative fine on a licensee for a failure to comply with this Act, the regulations or the terms and conditions of the licensee's licence, the registrar must consider the following:
(a) previous enforcement actions against the licensee;
(b) the gravity and magnitude of the failure;
(c) the extent of harm or potential harm to others resulting from the failure;
(d) whether the failure was repeated or continuous;
(e) whether the failure was deliberate;
(f) any economic benefit derived by the licensee from the failure;
(g) the licensee's efforts to prevent or correct the failure;
(h) prescribed matters.
36 Section 47 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Despite section 46 (2) [penalties relating to licences], the registrar may impose one or more of the penalties referred to in section 46 (1) (a), (c) or (d) without providing the notice otherwise required under section 46 (2) if the registrar is satisfied that
(a) one or more of the motor vehicles that have been operating under the licence no longer meet prescribed requirements,
(b) one or more of the motor vehicles that have been operating under the licence are required to be operated, but are no longer being operated, under a valid safety certificate,
(c) applicable insurance requirements are no longer being met in respect of one or more motor vehicles operated under the licence, or
(d) the licensee has not complied with
(i) section 42.2 (3), (5), (6) or (7) [prescribed record checks required for drivers of passenger directed vehicles], or
(ii) section 42.3 (b) [record check certificate must be displayed in passenger directed vehicle]. , and
(b) by repealing subsection (4) and substituting the following:
(4) Promptly after an order referred to in section 46 (1) (a), (c) or (d) is made, the licensee must do one or more of the following, as specified in the order:
(a) ensure that each vehicle identifier displayed on or in the motor vehicles to which the order relates ceases to be displayed on or in those motor vehicles;
(b) collect the vehicle identifiers referred to in paragraph (a), or notify the registrar if the licensee fails to collect each of those vehicle identifiers;
(c) if the vehicle identifiers collected under paragraph (b) were issued by the registrar, return those vehicle identifiers to the registrar in the prescribed manner.
37 Section 51 (5) is amended by striking out "the identifiers that were surrendered under section 47 (4)" and substituting "the vehicle identifiers that were returned under section 47 (4) [suspension or cancellation of licence]".
38 Section 53 is repealed and the following substituted:
53 (1) The Lieutenant Governor in Council may prescribe fees and charges for the following purposes:
(a) recovering expenses arising out of the administration of this Act;
(b) other purposes the Lieutenant Governor in Council considers appropriate.
(2) All fees, charges and costs collected by the registrar or board are public money within the meaning of section 1 [definitions] of the Financial Administration Act.
39 Section 56 (2) is amended
(a) in paragraph (a) by striking out "the licence" and substituting "the licence or temporary operating permit",
(b) by adding the following paragraph:
(a.1) evidence of authority to operate the motor vehicle under a licence or temporary operating permit, and ,
(c) by repealing paragraph (b), and
(d) in paragraph (c) by striking out "the identifier issued" and substituting "the vehicle identifier required".
40 Section 57 is repealed and the following substituted:
57 (1) A person who operates a motor vehicle as a type of commercial passenger vehicle commits an offence if the operation of the motor vehicle
(a) contravenes section 23 (1) (a) [licence required to operate commercial passenger vehicle], and
(b) is not authorized under a valid temporary operating permit.
(2) A person who contravenes section 23.1 (1) (a) [licence required to provide transportation network services] commits an offence.
(3) An individual who commits an offence under this section is liable to a fine of
(a) not less than $1 000, and
(b) not more than $5 000.
(4) A corporation or limited liability company that commits an offence under this section is liable to a fine of not more than $100 000.
(5) If an offence under this section continues for more than one day, separate fines may be imposed for each day the offence continues and, for this purpose, each fine must be, as applicable,
(a) more than the minimum fine under subsection (3) (a), and
(b) less than the maximum fine under subsection (3) (b) or (4).
57.1 (1) A person who operates a motor vehicle as a passenger directed vehicle commits an offence if the person contravenes any of the following:
(a) section 42.2 (1) (a) or (b) [requirement to undergo and provide copy of prescribed record checks];
(b) section 42.2 (2) (a) or (b) [prohibition against driving if record includes prescribed matter];
(c) section 42.2 (3) [licensee must issue record check certificate];
(d) section 42.2 (4) [driver must notify licensee if record acquired between record checks];
(e) section 42.2 (5) (a) or (b) [licensee must notify registrar if driver has record];
(f) section 42.2 (6) [requirement for licensee to ensure compliance by drivers];
(g) section 42.3 (a) [driver must display record check certificate].
(2) An individual who commits an offence under this section is liable to a fine of
(a) not less than $1 000, and
(b) not more than $5 000.
(3) A corporation or limited liability company that commits an offence under this section is liable to a fine of not more than $100 000.
57.2 (1) A person who operates a motor vehicle as a type of commercial passenger vehicle commits an offence if the person contravenes any of the following:
(a) section 39 (c) (i) [requirement to carry copy of temporary operating permit in general passenger vehicle or inter-city bus];
(b) section 39 (c) (ii) [requirement to carry copy of temporary operating permit or evidence of authority to operate in passenger directed vehicle];
(c) section 43 (1) [requirement to carry copy of licence in general passenger vehicle or inter-city bus];
(d) section 43 (2) [requirement to carry copy of licence or evidence of authority to operate in passenger directed vehicle];
(e) section 44 (1) (a) [requirement to display vehicle identifier];
(f) section 44 (1) (b) [prohibition against displaying other vehicle identifiers].
(2) A person who operates a motor vehicle that displays a vehicle identifier commits an offence if any of the following applies:
(a) the licence to which the vehicle identifier relates
(i) has been transferred, suspended or cancelled, or
(ii) is no longer valid;
(b) the licensee who holds the licence to which the vehicle identifier relates has voluntarily ceased
(i) to operate the motor vehicle under the licence, or
(ii) to provide transportation network services to the person;
(c) the licensee who holds the licence to which the vehicle identifier relates is subject to an order under section 46 (1) (c) [penalties relating to licences] in relation to the motor vehicle.
(3) A licensee who contravenes section 45 (1) (c) [requirement to return vehicle identifiers] commits an offence.
(4) An individual who commits an offence under this section is liable to a fine of not more than $2 000.
(5) A corporation or limited liability company that commits an offence under this section is liable to a fine of not more than $100 000.
57.3 (1) A person who contravenes any of the following commits an offence:
(a) section 23 (4) [prohibition against false representation of authority to operate commercial passenger vehicle];
(b) section 23.1 (3) [prohibition against false representation of authority to provide transportation network services];
(c) section 30 (1) [application required for transfer of licence];
(d) section 56 (3) [duty to comply with vehicle searches and requests for records by peace officers];
(e) a prescribed provision of the regulations.
(2) A person who provides false or misleading information to the registrar or the board commits an offence.
(3) A person who does any of the following commits an offence:
(a) contravenes section 5 (7) [prohibition against obstructing audit or investigation];
(b) provides false or misleading information or records to an inspector conducting an audit or investigation under this Act.
(4) An individual who commits an offence under this section is liable to a fine of
(a) not less than $1 000, and
(b) not more than $5 000.
(5) A corporation or limited liability company that commits an offence under this section is liable to a fine of not more than $100 000.
(6) If an offence under this section continues for more than one day, separate fines may be imposed for each day the offence continues and, for this purpose, each fine must be, as applicable,
(a) more than the minimum fine under subsection (4) (a), and
(b) less than the maximum fine under subsection (4) (b) or (5).
57.4 If a corporation or limited liability company commits an offence under this Act, an officer, director, manager or agent of the corporation or limited liability company who authorizes, permits or participates in the commission of the offence also commits an offence, whether or not that corporation or limited liability company is prosecuted or convicted.
57.5 (1) The time limit for laying an information for an offence under this Act is
(a) 6 years after the date on which the act or omission that is alleged to constitute the offence occurred, or
(b) if the registrar issues a certificate described in subsection (2), 2 years after the date on which the registrar learned of the act or omission referred to in paragraph (a).
(2) A certificate purporting to have been issued by the registrar certifying the date referred to in subsection (1) (b) is proof of that date.
57.6 (1) If the registrar or the board imposes an administrative penalty on a person under Part 6 [Enforcement], a prosecution for an offence under this Act for the same contravention may not be brought against the person.
(2) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.
57.7 Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.
41 The following heading is added after section 58:
Part 7.1 – Regulations .
42 Section 59 is repealed and the following substituted:
59 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 [power to make regulations] of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) respecting any matter for which regulations are contemplated by this Act, or
(b) defining any word or phrase used but not defined in this Act.
(3) The authority to make regulations under another provision of this Act does not limit subsections (1) and (2).
(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) establish or define classes of persons, entities, geographic areas, places, transactions, services, circumstances or things, including establishing or defining classes of vehicles within a type of commercial passenger vehicle;
(d) make different regulations for
(i) different persons, entities, geographic areas, places, transactions, services, circumstances or things, or
(ii) different classes of persons, entities, geographic areas, places, transactions, services, circumstances or things, including different classes of vehicles within a type of commercial passenger vehicle.
59.1 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing, in respect of licensees and permit holders, the identification and licence or temporary operating permit status information that must be maintained under section 4 (1) (a) [registrar's duty to maintain electronic or other index];
(b) prescribing limits and rates respecting the costs that may be recovered by the board under section 7 (1.1) [board's power to order participant to pay costs of proceedings];
(c) prescribing rules of practice and procedure for the board;
(d) authorizing persons to exercise the powers and perform the duties of a constable or peace officer for the purpose of enforcing this Act or the regulations;
(e) amending or repealing any regulation made by the Motor Carrier Commission under the former Act.
(2) If the Lieutenant Governor in Council prescribes rules of practice and procedure for the board under subsection (1) (c), any rules made by the board are inapplicable to the extent that the rules are inconsistent with the prescribed rules.
59.2 (1) The Lieutenant Governor in Council may make regulations respecting the operation of motor vehicles as commercial passenger vehicles, including, without limitation, regulations respecting any of the following:
(a) requirements that a person must meet if the person is or may be operating a motor vehicle under a licence or temporary operating permit that is or may be issued, including, without limitation,
(i) minimum age requirements for drivers of passenger directed vehicles, and
(ii) training requirements;
(b) equipment or technology that must be installed, used or carried on or in a motor vehicle operated under a licence or temporary operating permit and the inspection, testing, adjustment, display and use of that equipment or technology;
(c) requirements that a motor vehicle must meet if the motor vehicle is or may be operated under a licence or temporary operating permit that is or may be issued.
(2) If the Lieutenant Governor in Council makes regulations respecting equipment or technology under subsection (1) (b), any terms or conditions established by the board under section 28 (3) (a) [determination by board] and included in a licence are inapplicable to the extent that the terms and conditions are inconsistent with those regulations.
59.3 (1) The Lieutenant Governor in Council may make regulations respecting any of the following:
(a) requirements that must be met by an applicant, licensee or permit holder;
(b) terms and conditions that are to apply to licences;
(c) temporary operating permits, including, without limitation,
(i) the maximum period for which a temporary operating permit may be issued, and
(ii) the terms and conditions that are to apply to temporary operating permits;
(d) requirements that an applicant, licensee or permit holder must ensure are met by drivers employed or retained by the applicant, licensee or permit holder;
(e) information and records that may or must be provided and criteria that may or must be considered for the purposes of determining one or both of the following:
(i) whether an applicant, licensee or permit holder is fit and proper to provide services that are or may be authorized under a licence or temporary operating permit that is or may be issued;
(ii) whether an applicant, licensee or permit holder is capable of providing the services referred to subparagraph (i);
(f) records that must be kept by licensees and permit holders for the purposes of this Act and the regulations.
(2) If the Lieutenant Governor in Council makes regulations respecting terms and conditions under subsection (1) (b) or (c) (ii), any terms and conditions established by the registrar or board and included in a licence are inapplicable to the extent that the terms and conditions are inconsistent with the regulations.
59.4 The Lieutenant Governor in Council may make regulations for the purposes of section 42.2 [prescribed record checks required for drivers of passenger directed vehicles] as follows:
(a) prescribing any or all of the following as records that must be checked:
(i) driving records;
(ii) criminal records;
(iii) other records the Lieutenant Governor in Council considers appropriate;
(b) respecting requirements for carrying out a prescribed record check, including, without limitation, prescribing
(i) how often a prescribed record check must be carried out,
(ii) the form and manner in which a prescribed record check must be carried out, and
(iii) the databases or other information sources that must be checked;
(c) prescribing matters that must not be included in a record of a person who is or may be a driver, including, without limitation, prescribing
(i) convictions or charges for offences under federal or provincial enactments,
(ii) penalties or prohibitions imposed under federal or provincial enactments, or
(iii) contraventions or alleged contraventions of federal or provincial enactments.
59.5 (1) The Lieutenant Governor in Council may make regulations respecting fees or charges contemplated by this Act or the regulations, including, without limitation, fees or charges respecting any of the following:
(a) an application or submission under Part 4 [Licences];
(b) a notice of appeal under Part 6 [Enforcement];
(c) a licence, including, without limitation, the transfer, amendment, replacement or renewal of a licence;
(d) a temporary operating permit;
(e) vehicle identifiers that are issued by the registrar.
(2) In making a regulation under this section, the Lieutenant Governor in Council may do any of the following:
(a) establish the amount, or the method of determining the amount, of a fee or charge;
(b) in relation to a licence that includes a passenger directed vehicle authorization or transportation network services authorization, establish fees or charges based on
(i) the licensee's fleet size, or
(ii) the number of trips taken under the licence by passengers transported in accessible passenger directed vehicles or by passengers transported in non-accessible passenger directed vehicles, or both;
(c) provide for the imposition of penalties, payable to the government, to enforce payment of a fee or charge.
59.6 (1) The Lieutenant Governor in Council may make regulations exempting persons, commercial passenger vehicles or transportation network services from the application of all or any part of this Act or the regulations.
(2) In providing for an exemption by regulation under this section, the Lieutenant Governor in Council may set terms and conditions respecting the application of the exemption.
43 (1) In this section and sections 44 to 50:
"amended Act" means the Passenger Transportation Act, as amended by this Act;
"municipal chauffeur permit" means a permit that, immediately before the coming into force of this section, was a valid permit issued under a bylaw under section 36 (11) [municipal chauffeur permits] of the Motor Vehicle Act;
"pre-existing Act" means the Passenger Transportation Act, as it read immediately before the coming into force of this section;
"pre-existing licence" means a licence that, immediately before the coming into force of this section, was a valid licence under the pre-existing Act;
"pre-existing vehicle identification certificate" means a vehicle identification certificate that, immediately before the coming into force of this section, was a valid vehicle identification certificate under the pre-existing Act;
"pre-existing vehicle identifier" means a vehicle identifier that, immediately before the coming into force of this section, was a valid general authorization vehicle identifier or special authorization vehicle identifier under the pre-existing Act;
"special authorization" has the same meaning as in the pre-existing Act.
(2) Unless the context requires otherwise, words and expressions used in sections 44 to 50 that are not defined in this section have the same meaning as in the amended Act.
44 (1) A pre-existing licence that includes a special authorization to operate one or more motor vehicles as passenger directed vehicles is deemed to include a passenger directed vehicle authorization in respect of that operation and those motor vehicles.
(2) An application under Part 4 [Licences] of the pre-existing Act for or in relation to a licence that includes a special authorization to operate one or more motor vehicles as passenger directed vehicles is deemed to be an application for or in relation to a licence that includes a passenger directed vehicle authorization.
(3) For certainty, a licence to which this section applies is subject to
(a) the amended Act and the regulations under that Act,
(b) the terms and conditions of the licence, and
(c) any amendments made to the licence under section 31 [amendment of licences] of the amended Act.
45 (1) A pre-existing licence that includes a special authorization to operate one or more motor vehicles as inter-city buses is deemed to include an inter-city bus authorization in respect of that operation and those motor vehicles.
(2) An application under Part 4 [Licences] of the pre-existing Act for or in relation to a licence that includes a special authorization to operate one or more motor vehicles as inter-city buses is deemed to be an application for or in relation to a licence that includes an inter-city bus authorization.
(3) For certainty, a licence to which this section applies is subject to
(a) the amended Act and the regulations under that Act,
(b) the terms and conditions of the licence, and
(c) any amendments made to the licence under section 31 [amendment of licences] of the amended Act.
46 (1) A pre-existing vehicle identifier for a motor vehicle that is authorized under a pre-existing licence to be operated as a commercial passenger vehicle
(a) remains valid until
(i) the licence expires or is renewed, transferred, suspended or cancelled, or
(ii) the licensee voluntarily ceases to operate the motor vehicle as a commercial passenger vehicle,
(b) must be displayed on or in the motor vehicle in accordance with the pre-existing Act until the identifier becomes invalid,
(c) must be returned, by personal delivery or registered mail, within 30 days after the date it becomes invalid, and
(d) remains the property of the government under section 42 [government retains interest in issued records] of the amended Act.
(2) Section 44 (2), (3) and (4) of the pre-existing Act applies to a pre-existing vehicle identifier that is a special authorization vehicle identifier.
(3) A pre-existing vehicle identification certificate for a motor vehicle that is authorized under a pre-existing licence to be operated as an inter-city bus or passenger directed vehicle
(a) remains valid until
(i) the licence expires or is renewed, transferred, suspended or cancelled, or
(ii) the licensee voluntarily ceases to operate the motor vehicle as an inter-city bus or passenger directed vehicle,
(b) must be carried in the motor vehicle in accordance with the pre-existing Act until the certificate becomes invalid,
(c) must be returned, by personal delivery or registered mail, within 30 days after the date it becomes invalid, and
(d) remains the property of the government under section 42 of the amended Act.
47 (1) Despite sections 44 (2) and 45 (2) of this Act, the pre-existing Act applies to an application under either of the following sections of that Act that was made but not decided before the coming into force of this section:
(a) section 31 [amendment of licences];
(b) section 36 [applications for temporary operating permits].
(2) The pre-existing Act applies to a temporary operating permit that is issued pursuant to an application referred to in subsection (1) (b) of this section.
48 (1) This section applies to a person who
(a) is or may be operating a passenger directed vehicle under a pre-existing licence, and
(b) holds, immediately before the coming into force of this section, a municipal chauffeur permit in relation to that operation.
(2) A person to whom this section applies is not required to comply with section 42.2 (1) and (2) [prescribed record checks required for drivers of passenger directed vehicles] of the amended Act until the earlier of
(a) the expiry date of the municipal chauffeur permit held by that person, and
(b) the date that is 2 years after the date this section comes into force.
(3) A person to whom this section applies
(a) must not drive a passenger directed vehicle if the person acquires a record that includes a matter prescribed for the purposes of section 42.2 (2) of the amended Act, and
(b) must, for certainty, comply with sections 42.2 (4) and 42.3 (a) of the amended Act.
(4) This section applies despite section 50 (3) (b) or (4) of this Act.
49 (1) A licensee must obtain a copy of the municipal chauffeur permit held by each person
(a) to whom section 48 of this Act applies, and
(b) who is or may be operating a passenger directed vehicle under the licensee's pre-existing licence.
(2) If the municipal chauffeur permit held by a person referred to in subsection (1) has not expired, the licensee
(a) must issue to the person a record check certificate referred to in section 42.2 (3) of the amended Act, and
(b) must, for certainty, comply with section 42.3 (b) of the amended Act in respect of that certificate.
(3) The licensee must comply with section 42.2 (7) of the amended Act as if a copy of a municipal chauffeur permit obtained under subsection (1) of this section were a record referred to in section 42.2 (7) of the amended Act.
50 (1) A bylaw made, before this section comes into force, under any of the provisions set out in subsection (2) has no effect, despite those provisions, to the extent that the bylaw does any of the following:
(a) regulates in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations;
(b) prohibits vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.
(2) The following provisions are set out for the purposes of subsection (1):
(a) sections 8 (6) [fundamental powers], 15 [licensing and standards authority] and 281 [regulations providing additional powers and exceptions] of the Community Charter;
(b) section 296 [additional powers and exceptions provided by regulation]and Divisions 2 [Licensing of Commercial Vehicles] and 3 [Regulation of Carriers] of Part 16 [Municipal Provisions] of the Local Government Act;
(c) section 272 (1) (a) and (e) [by-laws respecting business regulation and licensing] of the Vancouver Charter.
(3) A bylaw made before this section comes into force under section 317 (1) (j), (l) or (m) [by-laws respecting streets, traffic, carriers, parking and other matters] of the Vancouver Charter has no effect, despite that section, to the extent that the bylaw,
(a) in the case of a bylaw under section 317 (1) (j), fixes charges to be made by passenger directed vehicles operated under passenger directed vehicle authorizations or transportation network services authorizations,
(b) in the case of a bylaw under section 317 (1) (l), regulates in relation to chauffeurs or drivers who operate motor vehicles under passenger directed vehicle authorizations or transportation network services authorizations, or
(c) in the case of a bylaw under section 317 (1) (m), regulates in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations.
(4) A bylaw made, before this section comes into force, under section 36 (11) [municipal chauffeur permits] of the Motor Vehicle Act has no effect, despite that section, to the extent that the bylaw regulates in relation to chauffeurs who operate motor vehicles under passenger directed vehicle authorizations or transportation network services authorizations.
51 (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;
(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;
(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in an enactment or providing for the application or continued application of a previous enactment;
(d) resolving any errors, inconsistencies or ambiguities arising in this Act.
(2) A regulation under subsection (1) may be made retroactive to the date this section comes into force or a later date and, if made retroactive, is deemed to have come into force on the specified date.
(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(4) This section and any regulations made under this section are repealed on the date that is 3 years after the date this section comes into force.
Commercial Transport Act
52 Section 1 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended in the definition of "commercial vehicle"
(a) in paragraph (b) by striking out "road building machine, taxi and a tractor," and substituting "road building machine and tractor,", and
(b) by adding the following paragraph:
(b.1) a taxi, other than a taxi in a prescribed class of taxi, .
53 Section 11 (2) is amended by adding the following paragraph:
(j.1) prescribing one or more classes of taxis for the purposes of paragraph (b.1) of the definition of "commercial vehicle" in section 1; .
Community Charter
54 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following Division to Part 3:
Division 5.1 – Restrictions in Relation to
the Passenger Transportation Act
46.1 In this Division:
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;
"transportation network services authorization" has the same meaning as in the Passenger Transportation Act.
46.2 A council must not, under section 8 (6) [fundamental powers] or 15 [licensing and standards authority],
(a) regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.
Insurance Corporation Act
55 Section 44 (1) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "other than sections 3, 5 (4)" and substituting "other than sections 5 (4)".
56 Section 47 is amended
(a) in subsection (3) (a) by striking out "or the Utilities Commission Act" and substituting ", the Insurance (Vehicle) Act or the Utilities Commission Act", and
(b) in subsection (4) by striking out "subsection (1)" and substituting "this section".
Insurance (Vehicle) Act
57 Section 1 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following definition:
"blanket certificate" means a class of certificate issued under the plan to a person referred to in section 35.1 (2); .
58 The following sections are added:
35.1 (1) Universal compulsory vehicle insurance may be provided by a blanket certificate under which, in the prescribed circumstances, the universal compulsory vehicle insurance provided by the blanket certificate applies instead of universal compulsory vehicle insurance provided by another certificate.
(2) A blanket certificate may be issued to
(a) a person who holds a licence under the Passenger Transportation Act that includes a transportation network services authorization, or
(b) a person in a prescribed class of persons.
(3) Universal compulsory vehicle insurance provided by a blanket certificate applies only if universal compulsory vehicle insurance is also provided by another certificate.
(4) In a circumstance in which universal compulsory vehicle insurance provided by a blanket certificate applies, the coverage provided by another certificate continues to apply, except to the extent that coverage is instead provided by the blanket certificate.
35.2 (1) The corporation may require a person referred to in subsection (2) to provide to the corporation information, including personal information about the person or other persons, and records relating to or affecting any of the following:
(a) an application for a blanket certificate;
(b) an application for a certificate in relation to taxis to be insured as part of a fleet;
(c) the establishment of premiums for
(i) blanket certificates, or
(ii) certificates referred to in paragraph (b);
(d) an incident involving a motor vehicle insured under a blanket certificate, or a certificate referred to in paragraph (b), out of which arises
(i) injury or death to a person, or
(ii) damage to property;
(e) a prescribed matter.
(2) The corporation may require information or records under subsection (1) from any of the following:
(a) a person who holds or is applying for
(i) a blanket certificate, or
(ii) a certificate referred to in subsection (1) (b);
(b) a person who owns, drives, leases or dispatches motor vehicles to which a blanket certificate, or a certificate referred to in subsection (1) (b), relates;
(c) a person who collects or holds data on behalf of a person described in paragraph (a) or (b) of this subsection;
(d) a person in a prescribed class of persons.
(3) Information and records required under subsection (1) must
(a) be provided to the corporation in the form established by the corporation, and
(b) include the content required by the corporation.
(4) The corporation may, if information or records are not provided as required under this section, cancel or refuse to issue, as applicable, the certificate to which the information or records relate.
59 Section 42 is amended by striking out "29 or 30" and substituting "29, 30 or 35.2 (1)".
60 Section 45 is amended
(a) in subsection (2) by adding the following paragraph:
(f.6) respecting blanket certificates; , and
(b) by adding the following subsection:
(2.4) Without limiting subsection (2) (f.6), a regulation under that subsection may do any of the following:
(a) specify the persons to whom the corporation is permitted or required to issue blanket certificates;
(b) specify circumstances in which
(i) universal compulsory vehicle insurance provided under a blanket certificate applies instead of universal compulsory vehicle insurance provided under one or more other specified certificates, or
(ii) coverage provided by a blanket certificate applies instead of some or all of the coverage provided by one or more other specified certificates.
61 Section 46.2 (3) is amended by striking out "section 45 (6) of the Insurance Corporation Act" and substituting "section 45 (6) of the Insurance Corporation Act but subject to directions issued to the commission under section 47 of that Act or section 3 of the Utilities Commissions Act".
Local Government Act
62 Section 628 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended in the definition of "commercial vehicle"
(a) by striking out "or" at the end of paragraph (a), and
(b) by adding the following paragraph:
(a.1) a passenger directed vehicle, as defined in the Passenger Transportation Act, that
(i) is not licensed as referred to in paragraph (a), and
(ii) is prescribed for the purposes of this definition, or .
63 Section 629 is amended by striking out "Subject to the Passenger Transportation Act and despite any other Act" and substituting "Despite any other Act".
64 Section 637 (1) is repealed and the following substituted:
(1) A council may, by bylaw, regulate carriers of persons or things to the extent to which
(a) a council's authority is not restricted under Division 3.1 [Restrictions in Relation to the Passenger Transportation Act] of this Part, and
(b) carriers are not subject to regulations or orders under another Act.
65 The following Division is added to Part 16:
Division 3.1 – Restrictions in Relation to
the Passenger Transportation Act
637.1 In this Division:
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;
"transportation network services authorization" has the same meaning as in the Passenger Transportation Act.
637.2 A council must not, under Division 2 [Licensing of Commercial Vehicles] or 3 [Regulation of Carriers] of this Part,
(a) regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.
Miscellaneous Statutes Amendment Act (No.2), 2007
66 Section 45 of the Miscellaneous Statutes Amendment Act (No.2), 2007, S.B.C. 2007, c. 24, is repealed.
Motor Vehicle Act
67 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definitions:
"blanket certificate" has the same meaning as in the Insurance (Vehicle) Act;
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;
"transportation network services authorization" has the same meaning as in the Passenger Transportation Act; .
68 Section 3 is amended by adding the following subsection:
(4.1) A person who is to be or has been issued a licence under the Passenger Transportation Act that includes a transportation network services authorization must, before motor vehicles are operated under the licence, obtain the prescribed motor vehicle liability policy.
69 Section 36 is amended
(a) in subsection (11) by striking out "The council of a municipality" and substituting "Subject to subsection (12), the council of a municipality", and
(b) by adding the following subsection:
(12) The council of a municipality must not by bylaw under subsection (11) regulate in relation to chauffeurs who operate motor vehicles under passenger directed vehicle authorizations or transportation network services authorizations.
70 Section 68 (1) (c) (iv) is repealed and the following substituted:
(iv) particulars of the motor vehicle liability insurance card or financial responsibility card and, if applicable, blanket certificate for that vehicle, .
71 Section 118.94 is amended by repealing the definitions of "carrier" and "commercial motor vehicle" and substituting the following:
"carrier" has the prescribed meaning;
"commercial motor vehicle" has the prescribed meaning; .
72 Section 124 is amended
(a) in subsection (5) by striking out "Except as otherwise provided under another statutory provision," and substituting "Except as otherwise provided under subsection (5.1) or another statutory provision,", and
(b) by adding the following subsection:
(5.1) The council of a municipality must not, under subsection (1) or (5),
(a) regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.
73 Section 124.2 is amended
(a) in subsection (1) by striking out "Subject to subsections (2) and (3)" and substituting "Subject to subsections (2), (3) and (5)", and
(b) by adding the following subsection:
(5) A municipality must not by bylaw under subsection (1)
(a) regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.
74 Section 212 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section and in sections 212.1 and 212.2, "carrier" has the prescribed meaning. ,
(b) in subsection (4) (d) by striking out "drivers and operators of motor vehicles" and substituting "drivers and carriers" and by striking out "given to operators and to drivers" and substituting "given to drivers and carriers",
(c) in subsection (4) (e) by striking out "drivers and of motor vehicles and their operators" and substituting "motor vehicles, drivers and carriers",
(d) in subsection (4) (f) by striking out "the operators and drivers of motor vehicles" and substituting "drivers and carriers", and
(e) in subsection (4) (i) by striking out "drivers and operators of motor vehicles" and substituting "drivers and carriers" and by striking out "drivers or operators" and substituting "drivers or carriers".
75 Section 212.1 is amended
(a) in subsections (1), (1.1) and (2) by striking out "An operator" and substituting "A carrier", and
(b) in subsection (3) by striking out "an operator" and substituting "a carrier" and by striking out "the operator's" and substituting "the carrier's".
76 Section 212.2 (2) (d) is amended by striking out "operators" and substituting "carriers".
77 Section 237 is amended by repealing the definition of "carrier" and substituting the following:
"carrier" has the prescribed meaning; .
Public Sector Employers Act
78 The Schedule to the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by striking out "Motor Carrier Commission".
Vancouver Charter
79 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following sections:
272.1 (1) In this section:
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;
"transportation network services authorization" has the same meaning as in the Passenger Transportation Act.
(2) The council must not, under section 272 (1) (a) or (e) [by-laws respecting business regulation and licensing],
(a) regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the municipality, including, without limitation, by prohibiting the issuance of a licence to a person to operate a vehicle referred to in that paragraph for the sole reason that the person holds a licence, issued by another municipality, to operate the vehicle.
317.1 (1) In this section:
"passenger directed vehicle" has the same meaning as in the Passenger Transportation Act;
"passenger directed vehicle authorization" has the same meaning as in the Passenger Transportation Act;
"transportation network services authorization" has the same meaning as in the Passenger Transportation Act.
(2) The council must not, under section 317 (1) (j) [by-laws respecting streets, traffic, carriers, parking], fix charges to be made by passenger directed vehicles operated under passenger directed vehicle authorizations or transportation network services authorizations.
(3) The council must not, under section 317 (1) (l), regulate in relation to chauffeurs or drivers who operate motor vehicles under passenger directed vehicle authorizations or transportation network services authorizations.
(4) The council must not, under section 317 (1) (m), regulate in relation to the number of passenger directed vehicles that may be operated under passenger directed vehicle authorizations or transportation network services authorizations.
80 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 1 to 51 | By regulation of the Lieutenant Governor in Council |
| 3 | Section 54 | By regulation of the Lieutenant Governor in Council |
| 4 | Sections 57 to 60 | By regulation of the Lieutenant Governor in Council |
| 5 | Sections 62 to 65 | By regulation of the Lieutenant Governor in Council |
| 6 | Sections 67 to 77 | By regulation of the Lieutenant Governor in Council |
| 7 | Section 79 | By regulation of the Lieutenant Governor in Council |