ST. JOHN’S, THURSDAY , DECEMBER 21, 2023 THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

PART II PUBLISHED BY AUTHORITY NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 91/23 NLR 92/23 NLR 93/23 NLR 94/23 NLR 95/23 NLR 96/23

NEWFOUNDLAND AND LABRADOR REGULATION 91/23 Proclamation bringing the Act into force (SNL2023 c24) [In force December 21, 2023] under

An Act to Amend the Highway Traffic Act, the City of Corner Brook Act, the City of Mount Pearl Act, and the Municipalities Act, 1999 (O.C 2023-288) (Filed December 21, 2023) CHARLES THE THIRD, by the Grace of God King of Canada and His Other Realms and Territories Head of the Commonwealth. JOAN MARIE J. AYLWARD Lieutenant Governor DENIS MAHONEY, K.C. Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 15 of

An Act to Amend the Highway Traffic Act, the City of Corner Brook Act , the City of Mount Pearl Act, the City of St. John's Act and the Municipalities Act, 1999, Statutes of Newfoundland and Labrador 2023

Chapter 24 (the "Act"), it is provided that the Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now co me into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

An Act to Amen d the Highway Traffic 3Extraordinary Gazette December 21, 2023

Proclamation bringing the Act into force under

An Act to Amend the Highway Traffic Act, the City of Corner Brook Act, the City of Mount Pearl Act, and the Municipalities Act, 1999 91/23 Act, the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act and the Municipalities Act, 1999, Statutes of Newfoundland and Labrador 2023

Chapter 24 , shall come into force on the date of publication of this Proclamation in the Newfoundland and Labrador Gazette. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF W E have caused these Our Letters to be made Patent and the Great Seal of Newfoundlan d and Labrador to be hereunto affixed. WITNESS: Our trusty and well -beloved the Honourable Joan Marie J.

A ylward, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE, in Our City of St. John’s, this 20th day of December in the year of Our Lord two thousand and twenty-three, in th e second year of Our Reign. BY COMMAND, JUDITH HEARN Deputy Registrar General 4 Extraordinary Gazette December 21, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 92/23 Automobile Insurance Regulations, 2019 (Amendment) under the Automobile Insurance Act (O.C. 2023-289) (Filed December 21, 2023) Under the authority of

section 60 of the Automobile Insurance Act, the Lie utenant-Governor in Council makes the following regulations. Dated at St. John’s, December 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 1. Paragraph 2(

g) of the Automobile Insurance Regulation s, 2019 is repealed and the following substituted: (g) "public vehicle" means NLR 56/19 5 Extraordinary Gazette December 21, 2023

Automobile Insurance Regulations, 2019 (Amendment) 92/23 (

i) an automobile used primarily to provide transportation services to the public and includes ambulances, daily rental vehicles, funeral hearses, private buses, public buses, school buses and taxis, and (ii) an automobile used for a ride-sharing service; ©King's Printer 6 Extraordinary Gazette December 21, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 93/23 Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations under the Highway Traffic Act (Filed December 21, 2023) Under the authority of

section 7 7 of the Highway Traffic Act, I make the following regulations. Dated at St. John’s, December 21, 2023. Sarah Stoodley Minister of Digital Government and Service Newfoundland and Labrador REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Insurance required 5. Commercial motor vehicle insurance 6. Certificate of insurance 7. Penalties 8. Repeal

Schedule 7 Extraordinary Gazette December 21, 2023

Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations 93/23 1. These regulations may be cited as the Ambulance, Bus, School Bus, Taxi, Ride -Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 2.

In these regulations (a) "accident" includes damage to cargo, containers or their contents; (b) "Act" means the Highway Traffic Act; (c) "cargo" includes personal property of every description that may b e conveyed upon a motor vehicle or trailer except a passenger's personal baggage; (d) "certificate of insurance " means a certificate in the form set by the registrar in accordance with subsection 6(2) and filed with the registrar in accordance with these regulations; (e) "gross vehicle mass" means the mass recorded on the vehicle registration and used to determine the registration fees under the Act; (f) "motor vehicle liability policy" means a motor vehicle liability policy as defined in the Automobile Insurance Act; (g) "owner" means, in relation to a vehicle , the person in whose name the vehicle is registered; (h) "passenger" includes, for the purpose of calculating the seating capacity of an ambulance, bus, school bus , taxi or ride-sharing vehicle, the driver; (i) "ride-sharing vehicle" means a motor vehicle used for a ride - sharing service; and (j) "school contract vehicle" means a passenger vehicle, designed to carry 6 or fewer passengers in addition to the driver, under a contract with a school board to carry children to and from school and school related activities.

Short title

Definitions 8 Extraordinary Gazette December 21, 2023

Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 93/23 3.

(1) These regulations shall apply to every ambulance, bus, school contract vehicle, school bus, taxi, ride -sharing vehicle and commercial motor vehicle operated in t he province whether or not they are operated for hire, gain or reward.

(2) Notwithstanding subsection (1),

section 6 does not apply to school contract vehicles and ride-sharing vehicles. 4. An owner of an ambulance, bus, school contrac t vehicle, school bus, taxi or ride-sharing vehicle shall have and keep in force in relation to it (

a) a motor vehicle liability insurance policy containing provisions which insure third parties against loss for amounts not less than the amounts set out in subsection 21(1) of the Automobile Insurance Act; and (

b) a motor vehicle liability insurance policy containing provisions which insure against liability arising out of bodily injury to or the death of or loss or damage to property belonging to a pass enger arising from any one accident for the amounts specified i n the s chedule exclusive of interest and costs. 5.

An owner of a commercial motor vehicle , other than an ambulance, bus, school contract vehicle, school bus, taxi or ride - sharing vehicle, used for the transport of dangerous goods listed under the Transportation of Dangerous Goods Act (Canada) shall have and keep in force in relation to it a motor vehicle liability insurance policy containing provisions which insure third parties against bodily injury to or the death of a person or for loss of or damage to property of others other than cargo (

a) for the amount of $1,000,000; or (

b) notwithstanding paragraph (a), for the amount of $2,000,000 where the dangerous goods (

i) are s pecified as Class 1 in C olumn 3 of

Schedule 1 of the Transportation of Dangerous Goods Regulations (Canada), or Application Insurance required Commercial motor vehicle insurance 9 Extraordinary Gazette December 21, 2023

Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 93/23 (ii) require an emergency response plan to be filed with the Director General of the Transport Dangerous Goods Directorate, Tr ansport Canada, under

Part 7 of the Transportation of Dangerous Goods Regulations (Canada). 6.

(1) For the purposes of this

section "policy" means a motor vehicle liability insurance policy covering a motor vehicle.

(2) The regis trar may set the form on which a certificate of insurance shall be filed.

(3) A certificate of insurance filed with the registrar for the purposes of this

section shall be considered to be a conclusive admission by the insurer that a policy has been issue d and is in accordance with the terms of the certificate of insurance.

(4) The insurer shall sign each certificate of insurance certifying that at the date of issue of the certificate of insurance the policy or policies referred to in the certificate of i nsurance are in full force and effect and shall show the name and address of the insured and all vehicles to which the policy applies.

(5) Every insurer shall notify in writing the registrar of the cancellation or expiration of a policy for which a certif icate of insurance has been issued in accordance with this

section at least 10 days before the effective date of cancellation or expiration and, in the absence of that notice of cancellation or expiration, the policy shall remain in full force and effect.

(6) A person who (

a) produces to a traffic officer a certificate of insurance (

i) purporting to show that there is in force a policy that is in fact not in force, (ii) purporting to show that that person is at that time maintaining in effect proof of f inancial responsibility as required by these regulations when that is not the case, or Certificate of insurance 10 Extraordinary Gazette December 21, 2023

Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 93/23 (iii) purporting to show that the person named in the certificate of insurance as the insured is at the time of an accident in which a motor vehicle is directly or indirectly involved insured in respect of loss resulting from that accident and occasioned by the operation or use of that motor vehicle when that is not the case; or (

b) gives or loans to a person not entitled to have it a certificate of insurance issued under these regulations, is guilty of an offence. 7.

(1) A person who contravenes a provision of these regulations is guilty of an offence and is liable on

summary conviction to a fine of not less than $450 and not more than $1,260 or in default of payment of the fine to imprisonment for a period of not less than 15 days and not more than 45 days.

(2) Where an offence is committed or continued on more than one day the person who committed the offence is liable to be convicted of a separate offence for each day on which the offence is committed or continued. 8. The Ambulance, Bus, School Bus, Taxi and Commercial Motor Vehicles Insurance Regulations , Consolidated Newfoundland and Labrador Regulation 999/96, are repealed.

Schedule Ambulance, Bus, School Contract Vehicle, School Bus, Taxi a nd Ride- Sharing Vehicle with seating capacity of (a) 1 to 21 - $1,000,000; and (b) 22 or more - $2,000,000. ©King's Printer Penalties Repeal 11 Extraordinary Gazette December 21, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 94/23 Highway Traffic Driver Regulations, 1999 (Amendment) No. 2 under the Highway Traffic Act (O.C. 2023-290) (Filed December 21, 2023) Under the authority of

section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.3 Amdt. Classes of licence 1.

(1) Subparagraph 3(2)(d)(

i) of the H ighway Traffic Driver Regulations, 1999 is repealed and the following substituted: (

i) taxis, motor vehicles used for a ride-sharing service, ambulances and buses which carry not more than 24 passengers, and NLR 110/98 as amended 13 Extraordinary Gazette December 21, 2023

Highway Traffic Driver Regulations, 1999 (Amendment) No. 2 94/23 (2) Paragraph 3(2)(

e) of the regulations is re pealed and the following substituted: (

e) class 5 driver’s licence which shall permit the holder to operate (

i) all motor vehicles with not more than 2 axles and combinations of vehicles where the towed vehicle is not more than 4500 kilograms in weight other than (

A) buses while carrying passengers, (

B) taxis while carrying passengers, (

C) motor vehicles used for a ride -sharing service while carrying passengers for compensation, and (

D) ambulances while carrying passengers, (ii) self propelled motor homes with 2 or more axles, (iii) farm tractors, (iv) fork lifts, (

v) trucks designed for off highway use, and (vi) backhoes; ©King's Printer 14 Extraordinary Gazette December 21, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 95/23 Official Inspection Station Regulations (Amendment) under the Highway Traffic Act (O.C. 2023-291) (Filed December 21, 2023) Under the authority of subsection 196(1) of the Highway Traffic Act, the Lie utenant-Governor in Council makes the following regulations. Dated at St. John’s, December 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.3 Amdt. Certificate of appointment 2. S.6 Amdt. Application for appointment certificate 3. S.10 Amdt. Inspection required 4. S.15 Amdt. Requirements not met 5. S.17 Amdt. Details required 6. S.19 Amdt.

Prohibitions 7. S.20 Amdt. Authorized inspection mechanic 8. Sch. B Amdt. 15 Extraordinary Gazette December 21, 2023

Official Inspection Station Regulations (Amendment) 95/23 1. Subsection 3(2) of the Official Inspection Station Regulations is amended by deleting the words "he or she" and substituting the words "the minister". 2. Subsection 6(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the minister". 3. (1) Subsection 10(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the registrar's". (2) Subsection 10(10) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

Section 15 of the regulations is amended by deleting the words "he or she" and substituting the words "the minister".

Section 17 of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar". 6. Subsection 19(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

Section 20 of the regulations is amended by deleting the words "he or she" and substituting the words "the authorized inspection mechanic". 8.

Schedule B of the regulations is amended by deleting the word "taxis" in column 2, row 2 and substituting the words "taxis and motor vehicles used for a ride-sharing service". ©King's Printer CNLR 1002/96 as amended 16 Extraordinary Gazette December 21, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 96/23 Transportation Network Company Regulations under the Highway Traffic Act (O.C.2023 -297) (Filed December 21, 2023) Under the authority of

section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application for licence 4. Terms and conditions of licence 5. Identification decal 6. Information to be provided to passengers 7. Payment and receipt 8. Records 9. Retention of records 17 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23 1. These regulations may be cited as the Tr ansportation Network Company Regulations. 2. In these regulations, (a) "Act" means the Highway Traffic Act; (b) "class 4 driver's licence" means a licence issued under paragraph 3(2)(

d) of the Highway Traffic Driver Regulations, 1999; and (c) "trip" means the use of a ride -sharing service for transportation. 3. In addition to the documents and information prescribed in

section 24.1 of the Act, a person applying for a licence to carry on business as a transportation network company shall provide the following documents and information: (

a) a list of the drivers affiliated with the transportation network company at the date of the application for a licence; (

b) the name of the transportation network; (

c) proof satisfactory to the registrar that the transportation network company (

i) maintains insurance of a type and amount required under the Ambulance, Bus, School Bus, Taxi , Ride - Sharing Motor Vehicles and Commercial Motor Vehicles Insurance Regulations for all drivers affiliated with the transportation network company, (ii) obtained a certified criminal records check satisfactory to the registrar from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister for all drivers affiliated with the transportation network company at the date of the application for a licence, (iii) is an HST registrant as defined in paragraph 2(dd) of the Revenue Administration Act, and

Short title

Definitions Application for licence 18 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23 (iv) uses a global positioning system which is capable of monitoring and recording the locations of all motor vehicles affiliated with the transportation network company; and (

d) a copy of the transportation network company's policies and procedures relating to criminal record checks of drivers affiliated with the transportation network company that is satisfactory to the registrar. 4.

(1) A licence issued under

section 24.1 of the Act is subject to the terms and conditions prescribed in subsection (2).

(2) A transportation network company shall (

a) notify the registrar of any cha nge in the information or documentation provided to the registrar under

section 3; (

b) ensure that all drivers affiliated with the transportation network company have a class 4 driver's licence; (

c) ensure that all motor vehicles affiliated with the transportation network company comply with the Act and regulations made under the Act; (

d) ensure that the following information is maintained on the transportation network: (

i) a clear and accurate image of each driver affiliated with the transportation network company which matches the current likeness of the driver, (ii) the first name of each driver affiliated with the transportation network company, (iii) the make, model, model year or image and the licence plate number of the motor vehicle used by each driver affiliated with the transportation network company, and (iv) the name and contact information for the transportation network company; Terms and conditions of licence 19 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23 (

e) ensure that all drivers affiliated with the transportation network company (

i) comply with the Act and regulations under the Act, (ii) do not have conditions or restrictions on their driver's licence or motor vehicle registration which would prohibit them from operating a motor vehicle used for a ride-sharing service, and (iii) are not subject to any unde rtaking, release order, recognizance, probation order, prohibition order or other court issued order prohibiting or preventing the m from performing any function relating to providing a ride - sharing service; (

f) submit to the registrar monthly a list of all drivers affiliated with the transportation network company; (

g) notify the registrar immediately when a driver affiliated with the transportation network company ceases to be affiliated with the transportation network company; (

h) terminate a driver 's affiliation with the transportation network company where the driver or the driver's motor vehicle no longer satisfies the requirements of the Act or regulations under the Act; (

i) use its transportation network to (

i) facilitate the pre-arrangement and dispatch of all trips, (ii) transmit all information required to be provided to passengers and drivers as required by these regulations, and (iii) record information required to be recorded under these regulations; and (

j) not accept a request for or dispatch a trip through any means other than through the transportation network. 20 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23 5.

(1) A motor vehicle used for a ride -sharing service shall have a decal issued by the transportation network company.

(2) The decal referred to in subsection (1) shall (

a) measure at least 8 centimetres by 8 centimetres or have a surface area of at least 64 square centimetres; (

b) be located on at least 2 sides of the motor vehicle; and (

c) be visible to the public. 6.

(1) A transportation network company shall (

a) provide the following information to a passenger in a clear and unambiguous manner at the time a passenger requests a trip and before the start of the trip: (

i) the applicable rate charged for the trip, (ii) any variable or surge pricing for the trip, (iii) an estimate of the total cost of the trip, (iv) if any other passengers can or are being picked up on the trip, (

v) the first name and clear and accurate image of the driver which matches the current likeness of the driver, (vi) the motor vehicle make, model, model year or image and motor vehicle licence plate number, and (vii) estimated time of pick up; (

b) make the following information publicly accessible on its website or transportation network at all times: (

i) that payment may only be made through the transportation network, Identification decal Information to be provided to passengers 21 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23 (ii) a way to contact the transportation network company including the legal name of the transportation network company and its registered business address, (iii) that the trip data is being recorded including a link to the transportation network company's privacy policy, and (iv) information regarding the trip request cancellation policies; (

c) for the duration of the trip, provide the global pos itioning system tracking of the location and route of the motor vehicle in a format that can be shared by the passenger with others not in the motor vehicle; (

d) for the duration of the trip, provide the information contained in subparagraphs (1)(a)(

v) and (vi); (

e) provide the ability for the passenger to rate the driver; and (

f) include a process by which the passenger accepts or refuses the motor vehicle used for a ride -sharing service before the trip is initiated and keep a record of such acceptance or refusal.

(2) The driver and motor vehicle identified under paragraph (1)(

a) shall be the driver and motor vehicle that provide the ride-sharing service requested by the passenger.

(3) All calculation s relating to distance, time or cost shall be accurate and completed in a manner as to not be misleading or deceptive.

(4) Charges other than those disclosed in accordance with this

section shall not be charged to a passenger for the ride -sharing service requested by the passenger. 7.

(1) A transportation network company shall provide a secure payment mechanism through its transportation network. Payment and receipt 22 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23

(2) A person shall not accept payment for a ride -sharing service other than through the transportation network of a tran sportation network company.

(3) For each trip a transportation network company shall issue a receipt to the passenger containing the following information: (

a) the total amount paid; (

b) the date, time and duration of the trip; (

c) the pick-up and drop off locations; (

d) the route taken; (

e) the driver's first name; (

f) the motor vehicle licence plate number; and (

g) the name of the transportation network company.

(4) A receipt referred to in subsection (3) may be provided electronically. 8.

(1) A transport ation network company shall use its transportation network to record the following information for each trip dispatched by the transportation network company: (

a) the date and time of each request for a ride -sharing service received through the transportation network; (

b) the date and time a driver accepts the dispatch; (

c) the date and time of pick-up and drop off; (

d) the duration of the trip; (

e) the motor vehicle licence plate number; (

f) the full name of the driver; and (

g) the route taken. Records 23 Extraordinary Gazette December 21, 2023

Transportation Network Company Regulations 96/23

(2) In addition to the records required under subsection (1), a transportation network company shall keep the following records: (

a) a list of every driver and motor vehicle affiliated with the transportation network company including the driver's full name and address and the motor vehicle make, model, model year and licence plate number; and (

b) inspections of motor vehicles affiliated with the transportation network company.

(3) A transportation network company shall obtain the consent of each driver affi liated with the transportation network company for the collection, use and disclosure of any personal information required to be collected, used or disclosed under the Act or these regulations. 9.

(1) A transportation network company shall retain the records required to be kept under these regulations in an accessible format for a minimum of 4 years from the date the record was created.

(2) Where requested, a transportation network company shall provide, in the form, manner and time s et by the registrar, the information and records referred to in subsections 8(1) and (2).

(3) A transportation network company shall ensure that records destroyed after the retention period referred to in subsection (1) are destroyed in a secure manner. ©King's Printer Retention of records 24 Extraordinary Gazette December 21, 2023

Extraordinary Gazette Index Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Highway Traffic (Amendment) Act, City of Corner Brook (Amendment) Act, City of Mount Pearl (Amendment) Act, City of St. John’s (Amendment) Act and Municipalities (Amendment) Act, 1999 Proclamation bringing Act into force [In force December 21, 2023] NLR 91/23 New Dec. 21/23 p. 3 Automobile Insurance Act Automobile Insurance Regulations, 2019 (Amendment) NLR 92/23 Amends NLR 56/19 S.2 Amdt.

Dec. 21/23 p. 5 Highway Traffic Act Ambulance, Bus, School Bus, Taxi, Ride- Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations NLR 93/23 R&S CNLR 999/96 Dec. 21/23 p. 7 Highway Traffic Driver Regulations, 1999 (Amendment) No. 2 NLR 94/23 Amends NLR 110/98 S.3 Amdt. Dec. 21/23 p. 13 Official Inspection Station Regulations (Amendment) NLR 95/23 Amends CNLR 1002/96 S.3 Amdt. S.6 Amdt. S.10 Amdt. S.15 Amdt. S.17 Amdt. S.19 Amdt. S.20 Amdt. Sch. B Amdt. Dec. 21/23 p. 15 Transportation Network Company Regulations NLR 96/23 New Dec. 21/23 p. 17 ST. JOHN’S, THURSDAY, DECEMBER 21, 2023 25