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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Passenger Transportation Act

[SBC 2004] CHAPTER 39

Assented to May 13, 2004

Contents
Part 1 — Definitions
1Definitions
Part 2 — Registrar of Passenger Transportation
2Registrar and staff
3Access to driver and motor vehicle records
4Powers, functions and duties of the registrar
5Investigations
Part 3 — Passenger Transportation Board
 Division 1 — Establishment of the Board
6Board established
7Powers, functions and duties of the board
 Division 2 — Members of the Board
8–9Repealed
10Compulsion protection
 Division 3 — Proceedings of the Board
11Definition
12Board proceedings
13Adjournments
14Proceedings involving similar questions
15Evidence admissible in proceedings
16Recording board proceedings
17Oral hearings not required
18Repealed
19Failure of person to comply with board orders and rules
20Maintenance of order at hearings
21Decisions
22Exclusive jurisdiction of board
Part 4 — Licences
 Division 1 — Requirement for Licence
23Licence required
24Application for licence
 Division 2 — General Commercial Vehicles
25Application for general commercial vehicles
 Division 3 — Inter-city Buses and Passenger Directed Vehicles
26Other licence applications
27Consideration of application
28Determination by board
29Role of registrar if application approved
 Division 4 — Other Applications
30Transfer of licences
31Amendment of licences
32Addition of motor vehicles
33Replacement of licences, special authorization vehicle identifiers and vehicle identification certificates
34Expiry and renewal of licences
35Change of rates
 Division 5 — Temporary Operating Permits
36Applications for temporary operating permits
37Applications considered by the registrar
38Applications considered by the board
39Effect of temporary operating permit
 Division 5.1 — Fitness of Licensees and Permit Holders
39.1Continuing requirement to be fit and proper
 Division 6 — General
40Applications to the registrar
41Licences must include authorizations
42Government retains interest in issued records
Part 5 — Operation of a Commercial Passenger Vehicle
43What must be carried in motor vehicle
44Display of identifier
45Duty of licensee when ceasing operation of commercial passenger vehicle
Part 6 — Enforcement
46Penalties relating to licences
47Suspension or cancellation of licence
48Imposition of administrative fines
49Notice must include advice about appeals
50Initiating appeals
51Appeals
Part 7 — General
52Substantial compliance with Act sufficient
53Fees and costs
54Forms
55Sending of notices and responses
56Power to require information
57Offence
58Intent of Legislature
59Power to make regulations
Part 8 — Transitional Provisions and Consequential Amendments
60Repealed
61Transitional — Motor Carrier Act
62Transitional — appropriation
63-67Repealed
 68–79 Consequential Amendments
80Commencement

Part 1 — Definitions

Definitions

1  In this Act:

"applicant" means a person who makes an application for or in relation to a licence or a temporary operating permit under Part 4;

"authorization" means a general authorization or a special authorization;

"board" means the Passenger Transportation Board established under section 6;

"commercial passenger vehicle" means a motor vehicle operated on a highway by or on behalf of a person who charges or collects compensation for the transportation of passengers in that motor vehicle;

"compensation" includes a rate, remuneration or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly;

"former Act" means the Motor Carrier Act;

"general authorization" , when used in relation to a motor vehicle, means an authorization to operate the motor vehicle as a general passenger vehicle;

"general authorization vehicle identifier" means the passenger transportation licence number that is assigned in respect of a motor vehicle in respect of which a licence that includes a general authorization has been issued;

"general passenger vehicle" means a commercial passenger vehicle when it is not operated as an inter-city bus or as a passenger directed vehicle;

"highway" includes all public streets, roads, ways, trails, lanes, bridges, trestles, ferry landings and approaches, and any other public way;

"inter-city bus" means a commercial passenger vehicle when it is operated

(a) on a set time schedule

(i)   between a prescribed municipality and another location outside the municipality, whether in British Columbia or not, or

(ii)   between a location in a prescribed regional district and another location inside or outside the prescribed regional district, whether in British Columbia or not,

(b) for individual fares,

(c) over a regular route, and

(d) between fixed terminating points, picking up or dropping off passengers at intermediate points as necessary,

and includes or excludes any commercial passenger vehicle or class of commercial passenger vehicles prescribed by regulation;

"investigation" includes an inquiry;

"licence" means a licence issued under section 25 (1) or 29 (1);

"licensee" means a person who holds a valid licence that has been

(a) issued to that person, or

(b) transferred to that person in accordance with section 30;

"managing" , when used in relation to a motor vehicle, includes determining the uses to which the motor vehicle may be put;

"motor vehicle" has the same meaning as in the Motor Vehicle Act;

"Motor Vehicle Act Regulations" means the Motor Vehicle Act Regulations, B.C. Reg. 26/58;

"motor vehicle liability policy" means a certificate issued under Part 1 of the Insurance (Vehicle) Act and the regulations under that Part;

"operate" , when used in relation to a motor vehicle, includes the driving or managing of the motor vehicle;

"passenger directed vehicle" means a commercial passenger vehicle if that vehicle

(a) can accommodate a driver and not more than the number of passengers prescribed by the regulations, and

(b) is operated to and from locations determined by the passenger or group of passengers or by a person acting on behalf of the passenger or group of passengers,

and includes or excludes any commercial passenger vehicle or type of commercial passenger vehicles prescribed by regulation;

"peace officer" includes a person authorized under the regulations to exercise the powers and perform the duties of a constable or peace officer;

"permit holder" means a person to whom a valid temporary operating permit has been issued;

"rates" includes discount fares, deadhead charges, round trip fares, point-to-point fares, minimum charges, and any other fees or charges;

"registrar" means the Registrar of Passenger Transportation appointed under section 2;

"safety certificate" has the same meaning as in section 37.01 of the Motor Vehicle Act Regulations;

"special authorization" , when used in relation to a motor vehicle, means an authorization to operate the motor vehicle as

(a) an inter-city bus, or

(b) a passenger directed vehicle;

"special authorization vehicle identifier" means a uniquely numbered sticker, decal, tag or plate that is issued in respect of a motor vehicle in respect of which a licence that includes a special authorization has been issued;

"temporary operating permit" means a temporary operating permit issued under section 36, 37 or 38;

"type" , when used in relation to commercial passenger vehicles, means

(a) general passenger vehicles,

(b) inter-city buses, or

(c) passenger directed vehicles.

Part 2 — Registrar of Passenger Transportation

Registrar and staff

2  (1) An individual must be appointed as the Registrar of Passenger Transportation under subsection (2).

(2) The registrar and the officers and employees necessary to carry out the powers, functions and duties of the registrar are to be appointed in accordance with the Public Service Act.

(3) The registrar has the powers conferred, and must perform the duties imposed, on the registrar under this Act.

Access to driver and motor vehicle records

3  The Insurance Corporation of British Columbia must provide the registrar with access to every driver record and motor vehicle record, including records of insurance, kept by the Insurance Corporation of British Columbia under the Commercial Transport Act, the Motor Vehicle Act, the Insurance (Motor Vehicle) Act, the Insurance (Vehicle) Act or the Insurance Corporation Act, that the registrar considers he or she requires for the purpose of carrying out the registrar's powers, functions and duties under this Act.

Powers, functions and duties of the registrar

4  (1) Without limiting section 2 (3), the registrar may

(a) maintain an electronic or other index identifying licensees and permit holders and setting out the status of their respective licences and temporary operating permits,

(b) make the index referred to in paragraph (a) available to the public in any manner that the registrar considers appropriate, and

(c) make rules of procedure respecting all applications, submissions and matters coming before the registrar.

(2) The registrar must make accessible to the public any rules of procedure made under this section and may waive or modify one or more of those rules in exceptional circumstances.

(3) The registrar may delegate the registrar's powers, functions and duties as follows:

(a) the registrar may delegate any or all of the registrar's powers under sections 46, 47 and 48 to a person referred to in section 2 (2);

(b) the registrar may delegate any or all of the registrar's powers under Part 4 to

(i)   a person appointed under the Public Service Act,

(ii)   a person referred to in section 2 (2),

(iii)   a government agent,

(iv)   the Insurance Corporation of British Columbia, or

(v)   an agent of the Insurance Corporation of British Columbia;

(c) the registrar may delegate any or all of the other powers, functions and duties of the registrar under this Act to a person referred to in any of subparagraphs (ii), (iii), (iv) or (v) of paragraph (b).

(4) The powers, functions and duties delegated under subsection (3) must be carried out in accordance with any directives issued by the registrar.

(5) For the purpose of subsection (4), the registrar may issue general or specific directives in the form and manner the registrar considers appropriate.

Investigations

5  (1) In this section, "inspector" means a person conducting an investigation that the person is authorized under this section to conduct.

(2) Without limiting section 2 (3), the registrar, or a person authorized by the registrar under section 4 or otherwise, may conduct an investigation that the registrar considers is or may be necessary to ensure compliance with this Act and the regulations, including, without limitation, an investigation for the purposes of

(a) determining whether the motor vehicles in respect of which a licence or temporary operating permit is or may be issued meet prescribed requirements,

(b) determining whether an applicant for a licence or a temporary operating permit or a licensee or a permit holder

(i)   holds a valid safety certificate, if required under Division 37 of the Motor Vehicle Act Regulations, and

(ii)   otherwise meets prescribed requirements,

(c) determining whether proof of financial responsibility has been given in respect of a motor vehicle to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act or a motor vehicle liability policy has been issued in respect of the motor vehicles in respect of which a licence or temporary operating permit has been or may be issued,

(d) determining whether an order under Part 6 has been made in respect of an applicant for a licence or a temporary operating permit or a licensee or a permit holder,

(e) determining whether a licence or temporary operating permit should be issued, amended, transferred, renewed or replaced,

(f) determining whether a penalty should be imposed under Part 6,

(g) investigating, in compliance with a direction of the board, any matter related to an application for a licence applicable to an inter-city bus or a passenger directed vehicle, or

(h) any other matter in relation to which the registrar or board has powers or duties under this Act.

(2.1) Without limiting section 2 (3) or subsection (2) of this section, the registrar, or a person authorized by the registrar under section 4 or otherwise, may conduct an investigation that the registrar considers is or may be necessary to determine whether an applicant, a licensee or the holder of a temporary operating permit is a fit and proper person to provide the service.

(3) An inspector

(a) may enter the business premises of a licensee, licensee's agent, permit holder or permit holder's agent during normal business hours for the purposes of inspecting any records and things that may be relevant to the inspection, and

(b) must, on request, present identification to the owner or occupant of the premises.

(4) For the purposes of subsection (2) or (2.1), the inspector may

(a) require any person who has possession of or control over any records and things that may be relevant to the investigation to produce those records and things,

(b) inspect any of the records and things produced under paragraph (a), and

(c) remove any of the records and things produced under paragraph (a) for the purpose of making copies or extracts.

(5) A licensee, licensee's agent, permit holder or permit holder's agent referred to in subsection (3) (a) must produce all records and things that an inspector may require for the purposes of this section and must answer all questions of the inspector regarding the matters relevant to the investigation.

(6) An inspector who removes any records or things

(a) may make copies of, take extracts from or otherwise record them,

(b) must give a receipt for them to the person from whom they are taken, and

(c) must return them within a reasonable time.

(7) A person must not obstruct an inspector or withhold, destroy, tamper with, conceal or refuse to produce any information, record or thing that is required by the inspector or that is otherwise relevant to any of the matters in respect of which the investigation may be conducted.

Part 3 — Passenger Transportation Board

Division 1 — Establishment of the Board

Board established

6  (1) The Passenger Transportation Board is established, consisting of at least 3 persons appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council must designate one of the persons appointed under subsection (1) as chair of the board.

(3) The definitions of "appointing authority", "member", "privative clause", "tribunal" and "tribunal's enabling Act" in section 1 of the Administrative Tribunals Act and sections 2 to 10, 26, 30, 31, 41, 42, 44, 46.3, 57, 58 and 61 of that Act apply to the board.

(3.1) A person who participates in a hearing may be represented by counsel or by an agent and may make submissions as to facts, law and jurisdiction.

(4) The board has the powers conferred, and must perform the duties imposed, on the board under this Act.

(5) The minister may provide general policy directives to the board with respect to the exercise of the board's powers and duties.

Powers, functions and duties of the board

7  (1) Without limiting section 6 (4), the board may do any or all of the following:

(a) direct the registrar to provide any information or records, or to undertake any investigations, the board considers are necessary to allow the board to discharge its duties or exercise its authority;

(b) conduct investigations into

(i)   any matter related to the operation or licensing of inter-city buses or passenger directed vehicles,

(ii)   at the request of the minister, any matter related to the operation or licensing of commercial passenger vehicles, or

(iii)   whether an applicant, a licensee or the holder of a temporary operating permit is a fit and proper person to provide the service and is capable of providing the service.

(c) arrange and conduct hearings;

(d) make rules respecting practice and procedure for all applications, appeals, submissions and hearings coming before the board and for all investigations under paragraph (b);

(e) order applicants to provide public notice of their applications in the manner, at the times and with the content the board may require;

(f) approve, or set, for the purpose of establishing just and uniform charges, rates to be charged by a licensee in respect of passenger directed vehicles 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 approve any rule, practice or tariff of the licensee relating to those rates;

(g) make rules respecting

(i)   rates that are or may be charged by a licensee,

(ii)   any rules or practices of a licensee relating to those rates, and

(iii)   any tariff of those rates;

(h) [Repealed 2004-45-132.]

(i) determine, as a question of fact, whether a special authorization is required to authorize any actual or proposed operation of a motor vehicle.

(1.1) Subject to the regulations, if the board considers that the conduct of a participant in a proceeding has been improper, vexatious, frivolous or abusive, the board may order the participant to pay part of the actual costs and expenses of the board in connection with the proceeding.

(1.2) An order under subsection (1.1), after filing in the court registry, has the same effect as an order of the court for the recovery of a debt in the amount stated in the order against the person named in it, and all proceedings may be taken on the order as if it were an order of the court.

(2) The board must make the rules of practice and procedure made under this section accessible to the public in the manner it considers appropriate.

(3) Officers and employees required to allow the board to perform its functions under this Act may be appointed under the Public Service Act.

(4) The board may retain consultants, investigators, expert witnesses or other persons as may be necessary for the board to discharge its functions under this Act and may establish remuneration and other terms and conditions of their retainers.

(5) The Public Service Act does not apply to a person retained under subsection (4) of this section.

Division 2 — Members of the Board

Repealed

8–9  [Repealed 2004-45-133.]

Compulsion protection

10  (1) A board member, or a person acting on behalf of or under the direction of a board member, is not required to testify or produce evidence in any civil, administrative or regulatory action or proceeding about records or information obtained in the discharge of duties under this Act.

(2) Despite subsection (1), the board may be required by the Supreme Court to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

Division 3 — Proceedings of the Board

Definition

11  In this Division, "proceeding" means an investigation conducted under section 7 (1) (b), any application made or forwarded to the board, any hearing conducted by the board or any appeal heard by the board.

Board proceedings

12  (1) The board has the power to control its own process.

(2) At any time during a proceeding, but before its decision, the board may make an order requiring a person

(a) to attend an oral or electronic hearing to give evidence on oath or affirmation or in any other manner that is admissible and relevant to an issue in a proceeding, or

(b) to produce for the board a document or other thing in the person's possession or control, as specified by the board, that is admissible and relevant to an issue in a proceeding.

(2.1) The board may apply to the Supreme Court for an order

(a) directing a person to comply with an order made by the board under subsection (2), or

(b) directing any directors and officers of a person to cause the person to comply with an order made by the board under subsection (2).

(3) [Repealed 2004-45-134.]

(4) If the board requests information from the registrar for the purposes of a proceeding before the board, the registrar may in writing designate a person appointed under section 2 (2) to attend before the board on behalf of the registrar if, in the opinion of the registrar, that designated person is knowledgeable in respect of the subject matter that is being considered by the board.

(5) An act of the board must not be questioned or held invalid on the grounds that insufficient notice or no notice has been given to any person.

Adjournments

13  (1) The board may adjourn any proceeding

(a) on its own motion, or

(b) if it is shown to the satisfaction of the board that an adjournment is required.

(2) The factors that the board must have regard to in considering whether a proceeding should be adjourned include the following:

(a) the reason for the adjournment;

(b) whether an adjournment would cause unreasonable delay;

(c) the impact of refusing the adjournment on the applicant or appellant;

(d) the impact of the adjournment on the public interest.

Proceedings involving similar questions

14  If 2 or more proceedings involve the same or similar questions of fact, law or policy, the board may

(a) combine those proceedings or any part of them,

(b) conduct those proceedings at the same time,

(c) conduct those proceedings one immediately after the other, or

(d) stay one or more of those proceedings until after the determination of another one of them.

Evidence admissible in proceedings

15  (1) Subject to this section, the board may receive and accept evidence and information, on oath, by affidavit or otherwise, that the board considers relevant, necessary and appropriate to a proceeding, whether or not the evidence or information would be admissible in a court of law, but the board may exclude anything it considers unduly repetitious.

(2) Nothing is admissible before the board that is inadmissible in a court because of a privilege under the law of evidence.

(3) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to which or the purposes for which any oral testimony, documents or things may be admitted or used in evidence.

Recording board proceedings

16  (1) The board may, in its discretion, transcribe or record its proceedings.

(2) If the board makes a transcription or recording of a proceeding under subsection (1), the transcription or recording must be considered to be correct and to constitute part of the record of the proceeding.

(3) If, by reason of a mechanical or human failure or other accident, the transcription or recording of a proceeding is destroyed, interrupted or incomplete, the validity of the proceeding is not affected.

Oral hearings not required

17  Despite any other provision of this Act, in any circumstance in which, under this Act, a hearing may or must be held, the board may conduct a written, electronic or oral hearing, or any combination of them, as the board, in its sole discretion, considers appropriate.

Repealed

18  [Repealed 2004-45-136.]

Failure of person to comply with board orders and rules

19  If a person fails to comply with an order of the board or with the rules of practice and procedure of the board, including any time limits specified for taking any actions, the board may, after giving notice to that person,

(a) continue with the proceedings and make a decision based on the evidence before it, or

(b) dismiss the application or appeal as having been abandoned.

Maintenance of order at hearings

20  (1) The board may make such orders or give such directions at an oral hearing as it considers necessary for the maintenance of order at the hearing.

(2) If any person disobeys or fails to comply with an order or direction made under subsection (1), the board may call for the assistance of any peace officer to enforce the order or direction.

(3) Every peace officer called on by the board under subsection (2) may take such action as is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(4) Without limiting subsection (1), (2) or (3), the board may, by order, impose restrictions on the continued participation or attendance of a person in a proceeding, and may exclude a person from further participation or attendance in a proceeding until the board orders otherwise.

Decisions

21  (1) The board must make its final decision, with reasons, in writing and must make any final order in writing.

(2) A decision of the board is effective on the date it is issued by the board, unless otherwise specified by the board.

(3) The board must make its decisions and orders accessible to the public in the manner it considers appropriate.

(4) The board may reconsider, vary or rescind any decision made by it if the board is satisfied that

(a) information has become available that was not available at the time the decision was made, or

(b) there has been an error in procedure.

Exclusive jurisdiction of board

22  (1) The board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined under this Act and to make any order permitted to be made.

(2) A decision or order of the board under this Act on a matter in respect of which the board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Part 4 — Licences

Division 1 — Requirement for Licence

Licence required

23  (1) A person must not operate a motor vehicle as a type of commercial passenger vehicle unless

(a) a valid licence, issued in respect of the motor vehicle, authorizes the licensee to operate the motor vehicle as that type of commercial passenger vehicle,

(b) the licensee holds a valid safety certificate and is otherwise in compliance with applicable laws, and

(c) the motor vehicle is operated in compliance with

(i)   the terms and conditions of the licence,

(ii)   any rates approved or set by the board under section 7 (1) (f) and any rules made in relation to those rates under section 7 (1) (g), and

(iii)   this Act and the regulations.

(2) Without limiting subsection (1), a person must not

(a) operate a motor vehicle equipped with a meter, or

(b) operate a motor vehicle equipped with a top light,

unless the licence under which the motor vehicle is operated expressly authorizes that operation and the motor vehicle is a passenger directed vehicle.

(3) Without limiting subsection (1), a person must not convey in a commercial passenger vehicle, as passengers, persons who hail or flag the motor vehicle from the street, or who cause the motor vehicle to be hailed or flagged from the street, unless

(a) the motor vehicle is a passenger directed vehicle and the licence under which the motor vehicle is operated expressly authorizes that conveyance, or

(b) the motor vehicle is an inter-city bus or a prescribed commercial passenger vehicle.

(4) A person must not provide, or hold himself or herself out as able to provide, a service that involves the operation of motor vehicles as a type of commercial passenger vehicles unless

(a) the person is a licensee whose licence includes the authorization necessary for that type of operation, or

(b) the licence under which each of the motor vehicles through which that service is or may be provided includes that authorization.

(5) This section does not apply to a person or commercial passenger vehicle, or a class of persons or commercial passenger vehicles, that has been exempted by regulation from the application of this Act.

Application for licence

24  A person wishing to apply for a licence must set out, in the licence application,

(a) the authorizations that are being applied for, and

(b) if an authorization is sought to operate one or more motor vehicles as passenger directed vehicles, the rates, and any rules, practices or tariffs relating to those rates, that the applicant proposes will apply to that operation.

Division 2 — General Commercial Vehicles

Application for general commercial vehicles

25  (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 it to the applicant if the registrar is satisfied that

(a) the motor vehicles in respect of which the licence is to be issued meet prescribed requirements,

(b) the applicant

(i)   holds a valid safety certificate, if required under Division 37 of the Motor Vehicle Act Regulations, and

(ii)   otherwise meets prescribed requirements,

(c) proof of financial responsibility has been given in respect of the motor vehicles to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act or a motor vehicle liability policy has been issued in respect of the motor vehicles, and

(d) the applicant is not subject to an order under Part 6.

(1.1) The registrar may

(a) if the registrar thinks it necessary or advisable, consider, in addition to the requirements in subsection (1), whether the applicant is a fit and proper person to provide the service, and

(b) refuse to issue a licence in respect of the application if, in the opinion of the registrar, the applicant is not a fit and proper person to provide the service.

(2) [Repealed 2008-30-43.]

(3) If a licence is issued under this section, the licensee is, subject to section 23 (1) (b), authorized to operate, as general passenger vehicles, each of the motor vehicles to which the licence applies.

(4) If the registrar receives an application referred to in subsection (1) but the registrar believes that the operations intended by the applicant require a special authorization, the registrar must forward the application to the board.

(5) After receiving an application under subsection (4), the board must determine whether a special authorization is required to authorize the operations intended by the applicant and,

(a) if the board determines that a special authorization is not required, the board must notify the registrar and the applicant of that determination and the registrar must treat the application as an application to which subsection (1) applies, or

(b) if the board determines that a special authorization is required, the board must notify the registrar and the applicant of that determination and the applicant must, if the applicant wishes to proceed with the application, amend the application to seek the necessary special authorizations.

Division 3 — Inter-city Buses and Passenger Directed Vehicles

Other licence applications

26  (1) If the registrar receives an application for a licence in which a special authorization is sought, the registrar must forward that application to the board.

(2) After receiving an application under subsection (1), the board must publish notice of the application in a manner that, in the opinion of the board, is reasonably sufficient to bring to the attention of the public the fact and nature of the application.

(3) Despite subsection (2), the board need not publish notice of the application or accept or consider any written submissions provided in respect of the application if the board is satisfied that there is an urgent public need for the service proposed in the application.

Consideration of application

27  (1) If an application is forwarded to it under section 26 (1), the board

(a) must, in the case of any application other than one referred to in section 26 (3), defer its consideration of the application for a period of at least 7 days after the date on which the notice referred to in section 26 (2) is published, and

(b) may require further information from the applicant, including written or oral submissions.

(2) Any person may, within the time period specified by the board and on payment of the prescribed fee, make a written submission to the board respecting the application forwarded to it under section 26 (1).

(3) After considering an application forwarded to it under section 26 (1) and any written submissions provided under subsection (1) (b) or (2) of this section, the board may do one or more of the following at any time after the expiry of the 7 day period referred to in subsection (1) (a):

(a) convene and conduct a hearing on the application;

(b) conduct an investigation in respect of any matter related to the application, or direct the registrar to conduct an investigation in respect of any matter, related to the application, that the board may specify;

(c) review the application and make a determination based on the application and submissions.

(4) The board may permit a person to make submissions, respecting an application, for consideration at a hearing,

(a) at the time and in the manner specified by the board, and

(b) if the person is not the applicant, on payment of the prescribed fee.

(5) Unless the board directs otherwise, a person making a submission respecting an application does not, merely because of that submission, become entitled to

(a) participate any further in the application process, and

(b) obtain any further information or disclosure respecting the application.

(6) The board may, in its sole discretion, waive or reduce a fee payable under subsection (2) or (4) or any costs that the board is entitled to claim.

Determination by board

28  (1) The board may approve an application forwarded to it under section 26 (1) if the board considers that

(a) there is a public need for the service the applicant proposes to provide under any special authorization,

(b) the applicant is a fit and proper person to provide that service and is capable of providing that service, and

(c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia.

(2) If the board approves, in whole or in part, an application forwarded to it under section 26 (1), the board

(a) may establish the terms and conditions that are to apply to the licence if issued, including, without limitation,

(i)   which, if any, of the special authorizations sought by the application should be included in the licence,

(ii)   terms and conditions respecting equipment that must be installed or carried on or in motor vehicles operated under the authority of any licence issued in response to the application, and the inspection, testing, adjustment, display and use of that equipment,

(iii)   if the licence is to include an authorization to operate motor vehicles as inter-city buses, terms and conditions respecting the routes and minimum route frequencies for that operation, and

(iv)   if the licence is to include an authorization to operate motor vehicles as passenger directed vehicles, terms and conditions respecting fleet size and the area of British Columbia in which that operation may occur, and

(b) must notify the registrar and the applicant of the approval and of the terms and conditions established under paragraph (a).

(3) If the board refuses to approve an application forwarded to it under subsection (1), the board must notify the registrar and the applicant of that refusal.

Role of registrar if application approved

29  (1) After receiving notice from the board that the board has approved an application forwarded to it under section 26 (1), the registrar must

(a) issue a licence in response to that application if the registrar is satisfied that

(i)   the motor vehicles in respect of which the licence is to be issued meet prescribed requirements,

(ii)   the applicant

(A)  holds a valid safety certificate, if required under Division 37 of the Motor Vehicle Act Regulations, and

(B)  otherwise meets prescribed requirements,

(iii)   proof of financial responsibility has been given in respect of the motor vehicles to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act or a motor vehicle liability policy has been issued in respect of the motor vehicles, and

(iv)   the applicant is not subject to an order under Part 6, and

(b) include in the licence

(i)   a general authorization if applied for,

(ii)   those special authorizations approved by the board under section 28 (2) (a) (i), and

(iii)   the terms and conditions imposed by the board under section 28 (2) (a) on any special authorizations included in the licence.

(2) If the registrar issues a licence under this section, the registrar must provide it to the applicant, along with, if a special authorization is approved by the board,

(a) one special authorization vehicle identifier for each of the motor vehicles in respect of which the licence is issued, and

(b) one vehicle identification certificate for each of those motor vehicles indicating

(i)   the number of the special authorization vehicle identifier provided for that motor vehicle, and

(ii)   the number of the licence in relation to which that special authorization vehicle identifier is provided.

(3) If a licence is issued under this section, the licensee is, subject to section 23 (1) (b), authorized to operate each of the motor vehicles to which the licence applies as the following, if and only to the extent that the licence authorizes that operation:

(a) general passenger vehicles;

(b) inter-city buses;

(c) passenger directed vehicles.

Division 4 — Other Applications

Transfer of licences

30  (1) To maintain the validity of a licence despite a transfer of the licence, a licensee must apply to the registrar before transferring the licence, and, in that event,

(a) Division 2 applies to an application to transfer a licence issued under that Division, and

(b) Division 3, other than section 28 (1) (a) and (c), applies to an application to transfer a licence issued under that Division.

(2) For the purposes of subsection (1), a reference to "applicant" in sections 25 (1) (b), 28 (1) (b) and 29 (1) (a) (ii) and (2) as they apply for the purposes of this section is deemed to be a reference to "transferee", and in sections 25 (1) (d), 27 (1) (b), 28 (2) (b) and (3) and 29 (1) (a) (iv) as they apply for the purposes of this section is deemed to include the transferee.

(3) Promptly after a licence is transferred under this Act, the person from whom the licence was transferred must do one or both of the following, as applicable:

(a) return the special authorization vehicle identifiers and vehicle identification certificates issued in relation to that licence in the manner prescribed by the regulations;

(b) remove from each motor vehicle the general authorization vehicle identifier assigned by the licence in respect of that motor vehicle.

Amendment of licences

31  (1) Subject to subsection (4) and section 32, a licensee wishing to amend a licence must apply to the registrar and, in that event,

(a) Division 2 applies to an application to amend a licence issued under that Division, and

(b) Division 3 applies to an application to amend a licence issued under that Division.

(2) Despite subsection (1) but subject to subsection (3), the board may, on its own initiative, direct the registrar to amend a licence issued under Division 3 and, in that event, sections 28 (2) and 29 apply.

(3) The board may issue a direction under subsection (2)

(a) to correct an error in the licence,

(b) if the board is making amendments to standardize terms and conditions of one or more of the following:

(i)   all licences;

(ii)   all licences of that class of licences;

(iii)   all licences issued in respect of commercial passenger vehicles operating in a specified area;

(iv)   all licences issued in respect of commercial passenger vehicles offering the same or substantially the same service to the public,

(c) to make the licence comply with amendments made to this Act or the regulations, or

(d) to reflect changes to the licence required by the results of an appeal under this Act.

(4) Without limiting subsection (2) or (3), if a licence contains terms and conditions respecting fleet size and it appears to the board that the licensee has consistently failed to operate the full number of vehicles authorized by those terms and conditions respecting fleet size, the board may direct the registrar to amend the licensee's licence to reduce the fleet size to the number of motor vehicles the board considers appropriate.

(5) A licensee wishing to amend a licence to obtain an authorization not already included in that licence must apply to the registrar for a new licence and, in that event, Division 3 applies.

Addition of motor vehicles

32  (1) A licensee who wishes to be authorized to operate, under a licence, one or more additional motor vehicles in respect of which a special authorization vehicle identifier and a vehicle identification certificate are required but have not been issued under the licence, must apply to the registrar.

(1.1) A licensee may operate, under a licence that includes a general authorization, one or more additional motor vehicles under the general authorization, provided that the licensee is not subject to an order made under section 46 (1) (a), (c) or (d).

(2) Division 3 applies to an application under subsection (1) if

(a) the applicant's licence includes an authorization to operate motor vehicles as passenger directed vehicles,

(b) the licensee wishes to extend that authorization to additional motor vehicles, and

(c) the number of motor vehicles to which the application applies, when added to the number of motor vehicles to which the authorization already applies, exceeds the number of motor vehicles that the licensee is authorized to operate as passenger directed vehicles under the licence.

(3) [Repealed 2008-30-47.]

(4) If a special authorization vehicle identifier and a vehicle identification certificate are provided under this section in respect of motor vehicles to be operated under a licence, the licensee is, subject to section 23 (1) (b), authorized to operate those motor vehicles in accordance with any authorization included in the licence.

Replacement of licences, special authorization vehicle identifiers and vehicle identification certificates

33  (1) If a licence, a special authorization vehicle identifier or a vehicle identification certificate is worn out, defaced, lost or destroyed, it may be replaced.

(2) A person wishing to replace a licence, a special authorization vehicle identifier or a vehicle identification certificate must apply to the registrar.

(3) On receipt of an application to replace a licence, a special authorization vehicle identifier or a vehicle identification certificate under subsection (2), the registrar must replace that record if the registrar is satisfied that

(a) the original record is worn out, defaced, lost or destroyed, and

(b) the applicant is not at the time of application subject to an order under Part 6 that prohibits the person from obtaining or replacing that record.

Expiry and renewal of licences

34  (1) Subject to subsection (5), a licence issued under this Part expires one year after the date of its issue.

(2) Despite subsection (1), if the board specifies a different term for a licence under section 28 (2), the licence expires at the end of that specified term.

(3) A person wishing to renew a licence must, before the expiry of the licence, apply to the registrar under this section for the renewal.

(4) Despite subsection (3), a person wishing to renew a licence that includes a special authorization may apply under this section to renew the licence within 7 days after its expiry if the registrar is satisfied that the failure to renew was inadvertent.

(5) If a person referred to in subsection (4) renews a licence within the 7 day period referred to in that subsection, the person is deemed, for all purposes under this Act, to have renewed his or her licence immediately before its expiry.

(6) Subject to subsection (6.1), on receipt of an application to renew a licence under this section, the registrar must renew the licence if the registrar is satisfied that

(a) the motor vehicles in respect of which the licence is to be renewed meet prescribed requirements,

(b) the terms and conditions of the licence do not prohibit its renewal,

(c) the applicant

(i)   holds a valid safety certificate, if required under Division 37 of the Motor Vehicle Act Regulations, and

(ii)   otherwise meets prescribed requirements,

(d) proof of financial responsibility has been given in respect of the motor vehicles to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act or a motor vehicle liability policy has been issued in respect of the motor vehicles, and

(e) the applicant is not subject to an order under Part 6.

(6.1) The registrar may

(a) if the registrar thinks it necessary or advisable, consider, in addition to the requirements in subsection (6), whether the applicant is a fit and proper person to provide the service, and

(b) refuse to renew the licence if, in the opinion of the registrar, the applicant is not a fit and proper person to provide the service.

(6.2) Despite subsection (1), if the registrar thinks it necessary or advisable to consider under subsection (6.1) (a) whether the applicant is a fit and proper person to provide the service, the licence that is the subject of the application under subsection (3) does not expire until

(a) the expiry of the prescribed number of days after the date that it would otherwise have expired under subsection (1), or

(b) 7 days after the date on which the registrar concludes his or her consideration,

whichever comes first.

(7) If under this section the registrar renews a licence in which a special authorization is included, the registrar must provide to the applicant

(a) a new copy of the licence bearing the expiry date applicable to the renewed licence,

(b) one special authorization vehicle identifier for each of the motor vehicles in respect of which the licence is renewed, and

(c) one vehicle identification certificate for each of those motor vehicles indicating

(i)   the number of the special authorization vehicle identifier provided for that motor vehicle, and

(ii)   the number of the licence in relation to which that special authorization vehicle identifier is provided.

(7.1) If under this section the registrar renews a licence in which a general authorization is included, the registrar must provide to the applicant a new copy of the licence bearing the expiry date applicable to the renewed licence.

(8) A licence renewed under subsection (6) is subject to the terms and conditions that applied to the licence before its renewal unless the board amends the terms and conditions on renewal of the licence or imposes new terms or conditions on the renewed licence.

Change of rates

35  (1) Subject to subsection (3) and section 32, a licensee whose licence includes an authorization to operate one or more vehicles as passenger directed vehicles must apply to the registrar if the licensee wishes

(a) to change the rates that apply to a service that is or may be offered by the licensee under that licence, or

(b) to change any rules, practices or tariffs applicable to those rates.

(2) If the registrar receives an application under subsection (1), the registrar must forward that application to the board.

(3) After receiving an application under subsection (1), the board must publish notice of the application in a manner that, in the opinion of the board, is reasonably sufficient to bring to the attention of the public the fact and nature of the application.

(4) Section 27 applies to an application under subsection (1).

(5) If the board approves, in whole or in part, an application forwarded to it under subsection (2), the board must notify the registrar and the applicant of the approval and of the changes that the board has accepted in relation to rates and any related rules, practices or tariffs.

(6) If the board refuses to approve an application forwarded to it under subsection (1), the board must notify the registrar and the applicant of that refusal.

Division 5 — Temporary Operating Permits

Applications for temporary operating permits

36  (1) Despite section 23, a person may operate a motor vehicle as a commercial passenger vehicle without holding a valid licence to authorize that operation if

(a) a valid temporary operating permit, issued in respect of the motor vehicle, authorizes the permit holder to operate the motor vehicle as a commercial passenger vehicle,

(b) the permit holder holds a valid safety certificate and is otherwise in compliance with applicable laws, and

(c) the motor vehicle is operated in compliance with

(i)   any rates approved or set by the board under section 7 (1) (f) and any rules made in relation to those rates under section 7 (1) (g), and

(ii)   this Act, other than Divisions 1 to 4 and Part 5, and the regulations.

(2) A person wishing to apply for a temporary operating permit must indicate in the application

(a) the period for which the temporary operating permit is to apply,

(b) if the applicant is a licensee,

(i)   the authorizations, included in the licensee's licence, that are to apply to the temporary operating permit, and

(ii)   the reason for applying for a temporary operating permit, and

(c) if the applicant is a licensee and a temporary operating permit is sought to operate one or more motor vehicles as passenger directed vehicles, the rates, and any rules, practices or tariffs applicable to those rates, that the applicant proposes will apply to that operation.

(3) If the registrar receives an application for a temporary operating permit,

(a) the application must be considered by the registrar under section 37 if

(i)   the application is from an applicant who is not a licensee, or

(ii)   the applicant is a licensee and satisfies the registrar that the temporary operating permit is needed to allow the licensee to operate a motor vehicle in substitution for a motor vehicle, to which the licensee's licence applies, that is incapable of operating, or

(iii)   [Repealed 2008-30-50.]

(b) the application must be forwarded to and considered by the board under section 38 if the applicant is a licensee to which paragraph (a) (ii) does not apply.

Applications considered by the registrar

37  (1) Subject to subsection (1.1), if the registrar receives an application for a temporary operating permit referred to in section 36 (3) (a), the registrar must issue a temporary operating permit in response to that application, for a period that is not longer than the maximum period prescribed by the regulations, if the registrar is satisfied that

(a) the motor vehicles in respect of which the temporary operating permit is to be issued meet prescribed requirements,

(b) the applicant

(i)   holds a valid safety certificate, if required under Division 37 of the Motor Vehicle Act Regulations, and

(ii)   otherwise meets prescribed requirements,

(c) proof of financial responsibility has been given in respect of the motor vehicles to the Insurance Corporation of British Columbia under section 106 of the Motor Vehicle Act or a motor vehicle liability policy has been issued in respect of the motor vehicles, and

(d) the applicant is not subject to an order under Part 6.

(1.1) The registrar may

(a) if the registrar thinks it necessary or advisable, consider, in addition to the requirements in subsection (1), whether the applicant is a fit and proper person to provide the service, and

(b) refuse to issue the temporary operating permit if, in the opinion of the registrar, the applicant is not a fit and proper person to provide the service.

(2) If a temporary operating permit is issued in respect of a motor vehicle under this section, the permit holder is authorized, for the period to which the temporary operating permit applies,

(a) in the case of an application made under section 36 (3) (a) (i), to operate the motor vehicle as a commercial passenger vehicle, or

(b) in the case of an application made under section 36 (3) (a) (ii), to operate the motor vehicle in the same manner and subject to the same terms and conditions as that person was authorized to operate the motor vehicle that is incapable of operating.

(c) [Repealed 2008-30-51.]

Applications considered by the board

38  (1) If the registrar receives an application for a temporary operating permit referred to in section 36 (3) (b), the registrar must forward the application to the board.

(2) The board may approve an application forwarded to it under subsection (1) 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.

(3) Sections 28 (1) (b), (2) and (3) and 29 (1) apply to an application forwarded to the board under subsection (1).

(4) If a temporary operating permit is issued in respect of a motor vehicle under this section, the permit holder is authorized, for the period to which the temporary operating permit applies, to operate the motor vehicle as a commercial passenger vehicle in accordance with the terms and conditions established by the board under subsection (3).

Effect of temporary operating permit

39  If a temporary operating permit is issued under this Division,

(a) the registrar must provide the temporary operating permit to the applicant,

(b) the permit holder is, for the period to which the temporary operating permit applies, deemed for the purposes of Part 6 to be a licensee in respect of the motor vehicles to which the temporary operating permit applies,

(c) a copy of the temporary operating permit must be carried in each of the motor vehicles to which it applies,

(d) the temporary operating permit is, for the period to which it applies, deemed for the purposes of Part 6 to be a licence, and

(e) the temporary operating permit is and remains the property of the government.

Division 5.1 — Fitness of Licensees and Permit Holders

Continuing requirement to be fit and proper

39.1  (1) Despite anything in this Act or the regulations,

(a) the registrar may at any time, on his or her own initiative, if the registrar thinks it necessary or desirable, consider whether a licensee or a holder of a temporary operating permit is a fit and proper person to provide the service, and

(b) the board may at any time, on its own initiative, if the board thinks it necessary or desirable, consider whether a licensee who holds a licence issued under section 29 (1) or a holder of a temporary operating permit issued under section 38 is a fit and proper person to provide the service and is capable of providing the service.

(2) If, after the consideration referred to in subsection (1) (a), the registrar is of the opinion that the licensee or holder of a temporary operating permit is not a fit and proper person to provide the service, the registrar may, despite section 46 (2), 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).

(3) If, after the consideration referred to in subsection (1) (b), the board is of the opinion that the licensee or holder of a temporary operating permit is not a fit and proper person to provide the service or is not capable of providing the service, the board may direct the registrar to impose one or more of the penalties referred to in section 46 (1) (a), (c) or (d), and on that direction the registrar may impose one or more of the penalties without providing the notice otherwise required under section 46 (2).

(4) If, under subsection (2) or (3), the registrar makes an order referred to in section 46 (1) (a), (c) or (d), section 47 (2) to (4) applies.

Division 6 — General

Applications to the registrar

40  An application to the registrar under this Part must be

(a) made in the form established, and in the manner approved, by the registrar, and

(b) accompanied by

(i)   the information required by the registrar, and

(ii)   the prescribed application fee.

Licences must include authorizations

41  A licence issued under Division 2 or 3 must state on it the authorizations included in it.

Government retains interest in issued records

42  Each licence, special authorization vehicle identifier and vehicle identification certificate is and remains the property of the government.

Part 5 — Operation of a Commercial Passenger Vehicle

What must be carried in motor vehicle

43  If a licence authorizes the operation of a motor vehicle as a commercial passenger vehicle,

(a) a copy of the licence, and the vehicle identification certificate applicable to that motor vehicle if one is issued, must be carried in that motor vehicle when the motor vehicle is being operated as a commercial passenger vehicle, and

(b) no other vehicle identification certificate may be carried in the vehicle.

Display of identifier

44  (1) A licensee must display, in the manner set out in the regulations,

(a) on each commercial passenger vehicle that is authorized to be operated under a licence that includes a special authorization, the special authorization vehicle identifier issued to the licensee for that motor vehicle, and ensure that no other special authorization vehicle identifier is displayed on that motor vehicle, and

(b) on each commercial passenger vehicle that is authorized to be operated under a licence that includes a general authorization, the general authorization vehicle identifier that is assigned in respect of that motor vehicle, and ensure that no other general authorization vehicle identifier is displayed on that motor vehicle.

(2) A peace officer may seize a special authorization vehicle identifier that he or she finds

(a) detached from a commercial passenger vehicle, or

(b) displayed on a commercial passenger vehicle that is not being operated under the authorization of a valid licence.

(3) After a special authorization vehicle identifier is seized by a peace officer under subsection (2), the peace officer must notify the registrar of the seizure and must hold the special authorization vehicle identifier until he or she receives instructions from the registrar as to its disposal.

(4) For the purposes of subsection (2), a peace officer may seize a special authorization vehicle identifier whether or not it is attached to a number plate or commercial passenger vehicle and whether it is found on a highway or elsewhere.

Duty of licensee when ceasing operation of commercial passenger vehicle

45  A licensee who voluntarily ceases to operate a motor vehicle as a commercial passenger vehicle must promptly report that cessation to the registrar and do one or both of the following, as applicable:

(a) return, in the manner prescribed by the regulations, the special authorization vehicle identifier and vehicle identification certificate applicable to that motor vehicle;

(b) remove the general authorization vehicle identifier that is displayed on the motor vehicle.

Part 6 — Enforcement

Penalties relating to licences

46  (1) Subject to subsection (2), if the registrar is satisfied that a licensee has failed to comply with this Act, the regulations or the terms and conditions of the licensee's licence, the registrar may, in accordance with this Part and within one year after becoming aware of the licensee's failure to comply, take one or more of the following actions:

(a) order that the licensee's licence be suspended for any period the registrar considers necessary;

(b) make an order prohibiting the licensee from doing one or more of the following:

(i)   transferring the licence to another person;

(ii)   amending the licence;

(iii)   replacing the licence;

(iv)   renewing the licence;

(v)   obtaining a new licence;

(c) order the licensee to stop operating one or more motor vehicles under the authority of a licence and, subject to subsection (1.1), to

(i)   return, in the manner prescribed by the regulations, the special authorization vehicle identifiers and the vehicle identification certificates issued in relation to those motor vehicles, and

(ii)   remove from or cease displaying on each motor vehicle the general authorization vehicle identifier assigned by the licence in respect of that motor vehicle;

(d) order that the licensee's licence be cancelled;

(e) make an order imposing an administrative fine on the licensee.

(1.1) In making an order under subsection (1) (c), the registrar may order that subsection (1) (c) (i) or (ii) does not apply in the case of that order if he or she considers it unnecessary or impracticable.

(2) If the registrar proposes to impose a penalty under subsection (1), the registrar must notify the licensee in writing of the registrar's intention in that regard, and the notice must

(a) advise which of the penalties referred to in subsection (1) the registrar intends to impose,

(b) if the registrar proposes to impose a penalty referred to in subsection (1) (a) or (b), indicate the period proposed for that suspension or prohibition,

(c) if the registrar proposes to impose an administrative fine, indicate the amount of the proposed administrative fine, which amount must not exceed $1 500,

(d) set out the reasons for the proposed penalty,

(e) advise that the licensee may, within 7 days after receipt of the notice, provide to the registrar a written response setting out why the proposed penalty should not be imposed, and

(f) advise that the registrar will, if the licensee provides a written response in accordance with paragraph (e), notify the licensee of the registrar's decision respecting that response.

(3) If a licensee who receives a notice under subsection (2) does not provide a written response within the time specified, the registrar

(a) may impose the penalty proposed in the notice, and

(b) must provide notice to the licensee of any penalty imposed.

(4) If a licensee who receives a notice under subsection (2) provides a written response within the time specified in the notice, the registrar must consider that response and, after that, may

(a) refrain from imposing any or all of the proposed penalties, or

(b) impose any or all of the proposed penalties.

(5) The registrar must notify the licensee of the registrar's decision under subsection (4).

(6) A penalty referred to subsection (1) (a) or (b) that is imposed under this section may extend beyond the normal renewal date of the licence but must not exceed a period of 3 years.

(7) On application, the registrar may, at any time after imposing a penalty under subsection (1), reduce or rescind that penalty.

Suspension or cancellation of licence

47  (1) Despite section 46 (2), 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 in respect of which the licence has been issued no longer meet prescribed requirements,

(b) the licensee is required to hold, but no longer holds, a valid safety certificate, or

(c) applicable insurance requirements for one or more of the motor vehicles are no longer being met.

(2) If, under subsection (1) of this section or under section 46 (3) or (4), the registrar makes an order referred to in section 46 (1) (a), (c) or (d), the order is, despite subsection (3) of this section, effective immediately on the registrar providing notice of the order to the licensee, and the notice required for that purpose may be provided

(a) orally,

(b) by telephone,

(c) by electronic means, or

(d) in writing.

(3) If notice of an order is given under subsection (2) (a), (b) or (c), the registrar must send written confirmation of the suspension or cancellation to the licensee.

(4) Promptly after an order referred to in section 46 (1) (a), (c) or (d) is made, the licensee must do one or both of the following, as applicable and in accordance with the order:

(a) remove the special authorization vehicle identifiers and vehicle identification certificates that were issued under the applicable licence from the motor vehicles to which the order applies and return, in the manner prescribed by the regulations, the special authorization vehicle identifiers and vehicle identification certificates;

(b) remove from or cease displaying on the motor vehicles to which the order applies, the general authorization vehicle identifier that was assigned under the applicable licence.

Imposition of administrative fines

48  (1) If an administrative fine is imposed under section 46 (1) (e), the notice provided under section 46 (3) (b) or (5) must advise the licensee of the amount and manner of payment of the administrative fine.

(2) A licensee who is subject to an administrative fine under this Division must pay the fine amount to the registrar within 30 days after the date of the notice.

(3) If, after an administrative fine has been paid, the amount of the administrative fine is reduced or cancelled on an appeal under section 50, the amount to be returned to the licensee must be paid out of the consolidated revenue fund without an appropriation other than this section.

(4) If a licensee on whom the registrar imposes an administrative fine does not pay the full amount of that administrative fine to the registrar within the time required under subsection (2), the registrar may issue a certificate setting out the unpaid amount of the administrative fine and, in that event,

(a) the certificate is conclusive as to the unpaid amount of the administrative fine,

(b) that amount is a debt due to the government by the licensee, and

(c) the certificate, if filed in the Supreme Court, has the same effect and is subject to the same proceedings as a judgment of the court for the recovery of a debt in the amount stated in the certificate against the person named in it.

Notice must include advice about appeals

49  A written notice provided to a licensee under section 46 (3) (b) or (5) or 47 (2) (d) or (3) in respect of a registrar's decision must include notification that the licensee may appeal the registrar's decision to the board.

Initiating appeals

50  (1) A decision of the registrar under section 46 (3) or (4) or 47 (1) may be appealed by filing a notice of appeal with the board not more than 30 days after the licensee's receipt of the notice referred to in section 46 (3) (b) or (5) or 47 (2) (d) or (3), as the case may be.

(2) The board may extend the time to file a notice of appeal, whether or not the time to file that notice of appeal under subsection (1) has expired, if the board is satisfied that

(a) special circumstances existed that precluded the filing of a notice of appeal within the time period required in subsection (1), and

(b) an injustice would otherwise result.

(3) A notice of appeal must

(a) be made in writing or in another form acceptable to the board,

(b) identify the decision that is being appealed,

(c) state why the decision should be changed,

(d) state the outcome requested,

(e) contain the name, address and telephone number of the appellant, and, if the appellant has an agent to act on the appellant's behalf in respect of the appeal, include the full name of the agent and a telephone number at which the agent may be contacted during normal business hours,

(f) include an address for delivery of any notices in respect of the appeal, and

(g) be signed by the appellant or the appellant's agent.

(4) The notice of appeal must be accompanied by payment of the prescribed fee or it will not be accepted by the board.

(5) Despite subsections (3) and (4), if a notice of appeal is deficient or if the prescribed fee is outstanding, the board's chair or delegate may in his or her discretion allow a reasonable period of time within which the notice may be perfected or the fee may be paid.

Appeals

51  (1) Despite an appeal under section 50 but subject to subsection (2) of this section, the decision of the registrar that is subject to the appeal remains in effect until the earlier of

(a) the expiry of the period referred to in section 46 (2) (b), and

(b) the date on which the penalty is rescinded by the board.

(2) On an appeal from an order of the registrar referred to in section 46 (1) (a), (b), (c) or (d), the board may, at any time before making a final determination on the appeal, order that the registrar's order is suspended until the outcome of the appeal.

(3) On an appeal under this section, the board must, after considering the information provided by the licensee and the registrar,

(a) rescind any or all of the proposed penalties, or

(b) confirm any or all of the proposed penalties.

(4) The board must notify the licensee and the registrar of the board's decision under subsection (3).

(5) If the suspension or cancellation of a licence is rescinded, the registrar must promptly reinstate and, if necessary, reissue the licence that was suspended or cancelled and must return to the licensee or, if necessary, replace for the licensee the identifiers that were surrendered under section 47 (4).

Part 7 — General

Substantial compliance with Act sufficient

52  A substantial compliance by the registrar or the board with the requirements of this Act is sufficient to give effect to all the orders, directives, rules and acts of the registrar or board, as the case may be, and an order, directive, rule or act of the registrar or board must not be declared inoperative, illegal or void for want of form or for any error or omission of a technical or clerical nature.

Fees and costs

53  All fees and costs paid to the board are public money.

Forms

54  Without limiting section 40 but subject to sections 7 (1) (d) and 50 (1), the registrar may establish forms, including forms in an electronic format, to be used for the purposes of carrying out powers, functions and duties under this Act.

Sending of notices and responses

55  (1) A notice or written response given by the registrar or the board may be sent

(a) by ordinary mail,

(b) by electronic transmission, including by fax or by electronic mail,

(c) by personal delivery, or

(d) by some other method that allows proof of receipt if the registrar or board has established rules dealing with the giving or receipt of notice by that method.

(2) A notice or written response given to the registrar or the board may be sent

(a) by ordinary mail,

(b) by personal delivery, or

(c) by some other method that allows proof of receipt if the registrar or board has established rules dealing with the giving or receipt of notice by that method.

(3) If a notice or response is sent by ordinary mail, it must be sent to the most recent address known to the sender and is deemed to be received

(a) on the fifth day after the day it is mailed, or

(b) if that day is a Saturday or holiday, on the next day that is not a holiday.

(4) If a notice or response is sent by electronic transmission, it is deemed to be received

(a) on the day after it was sent, or

(b) if that day is a Saturday or holiday, on the next day that is not a holiday.

(5) If a person who acts in good faith does not, through absence, accident, illness or other cause beyond the person's control, receive the notice or response until a later date than the deemed day of receipt, the board or registrar may waive the deemed day of receipt and accept a later day of receipt.

(6) If a notice or document is not served in accordance with this section, the proceeding is not invalidated if

(a) the contents of the notice or document were known by the person to be served within the time allowed for service,

(b) the person to be served consents, or

(c) the failure to serve does not result in prejudice to the person or any resulting prejudice can be satisfactorily addressed by an adjournment or other means.

Power to require information

56  (1) A peace officer may, without a warrant, search a motor vehicle on a highway that the peace officer has reasonable grounds to believe is operating as a commercial passenger vehicle to determine whether this Act and the regulations are being complied with in the operation of that motor vehicle, and for that purpose may require the driver of the motor vehicle to stop the motor vehicle and permit the search to be made.

(2) Without limiting subsection (1), a peace officer may require the driver or other person in charge of a motor vehicle on a highway that the peace officer has reasonable grounds to believe is operating as a commercial passenger vehicle to produce for the inspection of the peace officer, on demand, any or all of

(a) a copy of the licence issued in respect of the motor vehicle,

(b) the vehicle identification certificate issued in respect of the motor vehicle, and

(c) the identifier issued in respect of the motor vehicle.

(3) The driver or other person in charge of a motor vehicle on a highway who is required by a peace officer, by signals or otherwise, to stop the motor vehicle to allow the motor vehicle to be searched for the purposes of this section, or to produce the records referred to in subsection (2), must promptly comply.

Offence

57  (1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) A person commits an offence who

(a) operates a motor vehicle as a type of commercial passenger vehicle without holding

(i)   a valid licence, issued in respect of that motor vehicle, that authorizes that operation, or

(ii)   a valid temporary operating permit issued in respect of that motor vehicle,

(b) operates a motor vehicle as a type of commercial passenger vehicle without carrying in that motor vehicle

(i)   a copy of a valid licence, issued in respect of that motor vehicle, that authorizes that operation, or

(ii)   a copy of a valid temporary operating permit issued in respect of that motor vehicle,

(c) operates a motor vehicle as a type of commercial passenger vehicle without

(i)   having a valid special authorization vehicle identifier, issued in relation to a valid licence that authorizes that operation, displayed on that motor vehicle in accordance with the regulations,

(ii)   having a valid general authorization vehicle identifier, in relation to a valid licence that authorizes that operation, displayed on that motor vehicle in accordance with the regulations, or

(iii)   carrying in that motor vehicle a copy of a valid temporary operating permit issued in respect of that motor vehicle,

(c.1) operates a motor vehicle that displays a general authorization vehicle identifier or special authorization vehicle identifier

(i)   after the licence in respect of which the general authorization vehicle identifier or special authorization vehicle identifier was assigned has been cancelled, suspended or transferred or is no longer valid,

(ii)   while the licence in respect of which the general authorization vehicle identifier or special authorization vehicle identifier was assigned is subject to an order under section 46 (1) (a) or (d), or

(iii)   while the licensee is subject to an order under section 46 (1) (c) (i) or (ii) in respect of that motor vehicle,

(d) operates a motor vehicle as a commercial passenger motor vehicle with more than one

(i)   special authorization vehicle identifier displayed on that motor vehicle, or

(ii)   general authorization vehicle identifier displayed on that motor vehicle,

(e) operates a motor vehicle as a type of commercial passenger vehicle without carrying in that motor vehicle

(i)   a valid vehicle identification certificate issued in relation to a valid licence that includes a special authorization and authorizes that operation, or

(ii)   a copy of a valid temporary operating permit issued in respect of that motor vehicle,

(f) operates a motor vehicle as a commercial passenger vehicle with more than one current vehicle identification certificate applicable to the motor vehicle being carried in that motor vehicle,

(g) advertises or holds himself or herself out as able to provide a service that involves the operation of one or more motor vehicles as a type of commercial passenger vehicle unless

(i)   the person is a licensee whose licence includes the authorization necessary for that type of operation, or

(ii)   the licence under which each of the motor vehicles through which that service is or may be provided includes that authorization,

(g.1) transfers a licence without first applying to the registrar,

(h) provides false information to the board or registrar,

(i) contravenes section 56 (3), or

(j) obstructs an inspector or withholds, destroys, tampers with, conceals or fails or refuses to produce any information, record or thing that is required by the inspector or that is otherwise relevant to any of the matters in respect of which the investigation may be conducted.

(3) A person who commits an offence under subsection (2) (a) is liable to a fine of at least $1 000 and not more than $5 000, and a person who commits an offence under subsection (2) (b), (c), (c.1), (d), (e), (f), (g), (g.1), (h), (i) or (j) is liable to a fine of not more than $2 000.

(4) Each day's continuance of any violation, refusal or neglect constitutes a new and distinct offence.

Intent of Legislature

58  (1) The registrar and the board may perform a function or duty and exercise a power imposed or conferred on them by or under the Motor Vehicle Transport Act, 1987 (Canada) in accordance with this Act.

(2) This Act applies to licensees and permit holders if and to the extent that they are subject to the legislative authority of British Columbia.

(3) If a provision of this Act is held to be beyond the powers of the government, that provision must be severed from the remainder of the Act, and the remaining provisions of the Act have the same effect as if they had been originally enacted as a separate enactment and as the only provisions of this Act.

Power to make regulations

59  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations for the following purposes and respecting the following matters:

(a) including or excluding any commercial passenger vehicle or class of commercial passenger vehicles from the definition of "inter-city bus" or "passenger directed vehicle";

(b) prescribing municipalities or regional districts in British Columbia for the purposes of the definition of "inter-city bus";

(c) prescribing the maximum number of passengers that can be accommodated in a passenger directed vehicle;

(d) authorizing persons or classes of 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) prescribing the identification and licence or temporary operating permit status information about licensees or permit holders that must be maintained in the electronic or other index referred to in section 4 (1) (a);

(f) respecting equipment that must be installed or carried on or in motor vehicles operated under the authority of any licence or temporary operating permit and the inspection, testing, adjustment, display and use of that equipment;

(g) respecting general authorization vehicle identifiers and special authorization vehicle identifiers;

(h) prescribing limits and rates respecting the costs that may be recovered by the board under section 7 (1.1);

(i) prescribing rules of practice and procedure for the board;

(j) prescribing requirements that must be met by motor vehicles in respect of which a licence or temporary operating permit has been or may be issued, with power to prescribe different requirements for different types or classes of motor vehicles;

(k) prescribing the requirements that must be met by a licensee or a permit holder or by an applicant for a licence or a temporary operating permit, with power to establish different requirements for different classes of licensees, permit holders and applicants;

(k.1) providing for requirements that may be made of applicants, licensees, or permit holders for the purpose of considering whether an applicant, a licensee or a permit holder is fit and proper to provide the service, which requirements may be different for different classes of applicants, licensees and permit holders;

(k.2) setting out requirements that applicants, licensees, or permit holders must ensure are met by drivers employed or retained by them, which requirements may be different for different classes of applicants, licensees, permit holders and drivers;

(l) respecting the operation of a motor vehicle as a commercial passenger vehicle, with power to prescribe differently for the operation of general passenger vehicles, inter-city buses and passenger directed vehicles;

(m) respecting temporary operating permits, including, without limitation, the maximum period for which a temporary operating permit may be issued and the terms and conditions that are to apply to temporary operating permits, with power to establish different requirements for different classes of permit holders;

(n) respecting fees, with power to establish different fees for different types of motor vehicles and different classes of licensees and permit holders;

(o) respecting the manner in which general authorization vehicle identifiers and special authorization vehicle identifiers must be displayed on commercial passenger vehicles in respect of which a licence is issued;

(p) exempting any person or commercial passenger vehicle, or any class of persons or commercial passenger vehicles, from the application of any or all of this Act or of the regulations on any terms and conditions the Lieutenant Governor in Council considers appropriate;

(q) respecting the electronic reception, creation, completion, signing, identifying, transmission, storage or reproduction of a form established or required under this Act or the conversion of a record from either paper or electronic format to the other format;

(r) respecting the manner in which special authorization vehicle identifiers and vehicle identification certificates must be returned and the manner in which general authorization vehicle identifiers must be removed;

(s) defining any word or phrase used in this Act but not defined;

(t) prescribing a number of days for the purposes of section 34 (6.2) (a).

(3) If the Lieutenant Governor in Council prescribes rules of practice and procedure for the board under subsection (2) (i), any rules made by the board are inapplicable to the extent they are inconsistent with the prescribed rules.

(4) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations amending or repealing any regulation made by the Motor Carrier Commission under the former Act.

(5) In making a regulation under subsection (2) (k.1) or (k.2), the Lieutenant Governor in Council may

(a) confer a discretion on the registrar or board, or

(b) delegate a matter to the registrar or board.

Part 8 — Transitional Provisions and Consequential Amendments

Transitional Provisions

Repealed

60  [Repealed 2008-30-60.]

Transitional — Motor Carrier Act

61  (1) On the repeal of the former Act,

(a) to (c) [Repealed 2008-30-60.]

(d) all of the debts, liabilities, obligations and covenants of the Motor Carrier Commission are transferred to and vested in the government.

(2) On and after the date on which the former Act is repealed, a reference to the Motor Carrier Commission in any commercial paper, contract or lease is deemed to be a reference to the government.

(3) [Repealed 2008-30-60.]

Transitional — appropriation

62  Money required to be paid in respect of the debts, liabilities, obligations and covenants transferred to and vested in the government by section 61 (1) (d) may be paid out of the consolidated revenue fund without an appropriation other than this section.

Repealed

63-67  [Repealed 2008-30-60.]

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 68 to 79.]

Section(s)   Affected Act
68   Administrative Tribunals Appointment and Administration Act
69   British Columbia Transit Act
70   Freedom of Information and Protection of Privacy Act
71   Greater Vancouver Transportation Authority Act
72   Highway (Industrial) Act
73   Insurance Corporation Act
74   Insurance (Motor Vehicle) Act
75   Motor Carrier Act
76   Supplement to the Motor Carrier Act
77   Motor Vehicle Act
78   Vancouver Charter
79   Amendment to this Act

Commencement

80  This Act comes into force by regulation of the Lieutenant Governor in Council.