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This Act is current to October 2, 2019
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

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
5Audits and investigations
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
Division 4 — Reports of the Board
22.1Annual reports
22.2Board to make recommendations
Part 4 — Licences
Division 1 — Requirement for Licence
23Licence required to operate commercial passenger vehicle
23.1Licence required to provide transportation network services
24Application for licence
Division 2 — General Commercial Vehicles
25Application and issue of licence that includes only general authorization
Division 3 — Inter-City Buses, Passenger Directed Vehicles and Transportation Network Services
26Other licence applications
27Consideration of application
28Determination by board
29Role of registrar if board approves licence including special authorization
Division 4 — Other Applications
30Transfer of licences
31Amendment of licences
32Addition of motor vehicles or transportation network services
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
36.1Application by licensee to temporarily increase fleet size
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
42.1Review by special committee
Part 5 — Operation of a Commercial Passenger Vehicle
42.2Prescribed record checks required for drivers of passenger directed vehicles
42.3Record check certificate must be displayed in passenger directed vehicle
43Licence or evidence of authority to operate must be carried in motor vehicle
44Display of vehicle identifier
45Duty of licensee who voluntarily ceases to operate commercial passenger vehicle
45.1Duty of licensees and permit holders to ensure compliance by operators
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, charges and costs
54Forms
55Sending of notices and responses
56Power to require information
57Offences for contravening licensing requirements
57.1Offences relating to record checks for drivers of passenger directed vehicles
57.2Offences relating to general operation of commercial passenger vehicles
57.3Other offences
57.4Offence by officer or director of corporation
57.5Time limit for prosecuting offence
57.6Relationship between administrative penalties and offences
57.7Section 5 of Offence Act does not apply
58Intent of Legislature
Part 7.1 — Regulations
59General power to make regulations
59.1Regulations respecting administration and enforcement
59.2Regulations respecting operation of motor vehicles
59.3Regulations respecting licences and temporary operating permits
59.4Regulations respecting record checks for drivers of passenger directed vehicles
59.5Regulations respecting fees and charges
59.6Regulations respecting exemptions
Part 8 — Transitional Provisions and Consequential Amendments
60Repealed
61Transitional — Motor Carrier Act
62Transitional — appropriation
63-67Repealed
68-78 Consequential Amendments
79 Amendment to this Act
80Commencement

Part 1 — Definitions

Definitions

1   In this Act:

"accessible passenger directed vehicle" means a passenger directed vehicle designed and manufactured, or converted, for the purpose of transporting persons who use mobility aids;

"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;

"fleet size" has the prescribed meaning;

"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 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 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;

"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;

"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, but does not include providing transportation network services;

"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;

"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 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;

"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;

"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", 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;

"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" means any of the following:

(a) an inter-city bus authorization;

(b) a passenger directed vehicle authorization;

(c) a transportation network services authorization;

"temporary operating permit" means a temporary operating permit issued under section 37 [applications considered by the registrar] or 38 [applications considered by the board];

"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;

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

(a) general passenger vehicles,

(b) inter-city buses, or

(c) passenger directed vehicles;

"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.

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.

Audits and investigations

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

(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.

(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 audit or 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 audit or 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 audit or 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 audit or 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, after a merit-based process, 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 following provisions of the Administrative Tribunals Act apply to the board:

(a) in section 1 [definitions], the definitions of "appointing authority", "member", "privative clause", "tribunal" and "tribunal's enabling Act";

(b) Part 2 [Appointments];

(c) Part 3 [Clustering];

(d) section 11 [general power to make rules respecting practice and procedure];

(e) section 26 [organization of tribunal];

(f) section 28 [facilitated settlement];

(g) section 29 [disclosure protection];

(h) section 30 [tribunal duties];

(i) section 31 [summary dismissal];

(j) section 41 [hearings open to public];

(k) section 42 [discretion to receive evidence in confidence];

(l) section 44 [tribunal without jurisdiction over constitutional questions];

(m) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];

(n) section 57 [time limit for judicial review];

(o) section 58 [standard of review with privative clause];

(p) section 59.1 [surveys];

(q) section 59.2 [reporting];

(r) section 60 (1) (g) to (i) and (2) [power to make regulations];

(s) section 61 [application of Freedom of Information and Protection of Privacy Act].

(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 audits or 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,

(i.1) any matter related to the provision of transportation network services,

(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 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, 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.

Division 4 — Reports of the Board

Annual reports

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.

Board to make recommendations

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.

Part 4 — Licences

Division 1 — Requirement for Licence

Licence required to operate commercial passenger vehicle

23   (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.

(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 transport in a commercial passenger vehicle, as passengers, persons who hail the motor vehicle from the street, or who cause the motor vehicle to be hailed from the street, unless

(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

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

(4) A person must not provide, or advertise or hold out that the person is 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) [Repealed 2018-53-8.]

Licence required to provide transportation network services

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.

Application for licence

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.

Division 2 — General Commercial Vehicles

Application and issue of licence that includes only general authorization

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 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].

(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.]

(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.

(3) If a licence is issued under this section, the licensee is, subject to section 23 (1) [licence required to operate commercial passenger vehicle], 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, Passenger Directed Vehicles and Transportation Network Services

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 audit or 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, in whole or in part, an application forwarded to it under section 26 (1) after considering whether

(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 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.

(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.

Role of registrar if board approves licence including special authorization

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) [Not in force.]

(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.

Division 4 — Other Applications

Transfer of licences

30   (1) 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) 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.

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) to (6) and (7) (b) [determination by board] and 29 [role of registrar if board approves licence including special authorization] 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 or transportation network services

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.

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

33   (1) If a licence or a vehicle identifier issued by the registrar is worn out, defaced, lost or destroyed, it may be replaced.

(2) A person wishing to replace a licence or a vehicle identifier issued by the registrar must apply to the registrar.

(3) On receipt of an application to replace a licence or a vehicle identifier issued by the registrar, the registrar must replace the licence or vehicle identifier if the registrar is satisfied that

(a) the original licence or vehicle identifier is worn out, defaced, lost or destroyed,

(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 licence or vehicle identifier, and

(c) [Not in force.]

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 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 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.

(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, and

(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.

(c) [Repealed 2018-53-20.]

(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 a passenger directed vehicle authorization or transportation network services authorization 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) 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) 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 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.

(4) If the registrar receives an application under this section, the registrar must consider the application under section 37 [applications considered by the registrar].

Application by licensee to temporarily increase fleet size

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].

Applications considered by the registrar

37   (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".

(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.

(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.

(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.

Applications considered by the board

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.

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 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,

(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.

(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.

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 and vehicle identifier issued by the registrar is and remains the property of the government.

Review by special committee

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.

Part 5 — Operation of a Commercial Passenger Vehicle

Prescribed record checks required for drivers of passenger directed vehicles

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).

Record check certificate must be displayed in passenger directed vehicle

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).

Licence or evidence of authority to operate must be carried in motor vehicle

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.

Display of vehicle identifier

44   (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].

(2) A peace officer may seize a 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 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 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 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 who voluntarily ceases to operate commercial passenger vehicle

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).

Duty of licensees and permit holders to ensure compliance by operators

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].

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 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;

(d) order that the licensee's licence, or an authorization included in that licence, be cancelled;

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

(1.1) [Repealed 2018-53-35.]

(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 $50 000,

(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.

(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.

(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) [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].

(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 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.

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 vehicle identifiers that were returned under section 47 (4) [suspension or cancellation of licence].

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, charges and costs

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.

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 or temporary operating permit issued in respect of the motor vehicle,

(a.1) evidence of authority to operate the motor vehicle under a licence or temporary operating permit, and

(b) [Repealed 2018-53-39.]

(c) the vehicle identifier required 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.

Offences for contravening licensing requirements

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).

Offences relating to record checks for drivers of passenger directed vehicles

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 in force.]

(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.

Offences relating to general operation of commercial passenger vehicles

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.

Other offences

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 in force.]

(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) [Not in force.]

(b) less than the maximum fine under subsection (4) (b) or (5).

Offence by officer or director of corporation

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.

Time limit for prosecuting offence

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.

Relationship between administrative penalties and offences

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.

Section 5 of Offence Act does not apply

57.7   Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.

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.

Part 7.1 — Regulations

General power to make regulations

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.

Regulations respecting administration and enforcement

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.

Regulations respecting operation of motor vehicles

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.

Regulations respecting licences and temporary operating permits

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.

Regulations respecting record checks for drivers of passenger directed vehicles

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.

Regulations respecting fees and charges

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.

Regulations respecting exemptions

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.

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

Amendment to this Act

Section(s) Affected Act
79 Amendment to this Act

Commencement

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