Second

Session, 50th General Assembly

Charles III, 2023

BILL 55

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

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

amend the definition of taxi to

clarify that motor vehicles used for a ride-sharing service are not included in

the definition of taxi;

add a definition of

ride-sharing service and related terms;

provide for the licensing of

transportation network companies;

authorize the Lieutenant-Governor

in Council to make regulations respecting the information to be provided with

an application for a licence to carry on business as a transportation network

companies and the records to be kept by transportation network companies;

authorize the

Lieutenant-Governor in Council to make regulations respecting the operation of

motor vehicles used for a ride-sharing service; and

authorize the minister to make

regulations prescribing municipalities in which transportation network

companies are not permitted to carry on business.

This Bill would also amend the City of Corner Brook Act , the City of Mount Pearl Act , the City of St. John's Act and the Municipalities Act, 1999 to

prohibit a city council or a town

council from making regulations or by-laws relating to ride-sharing services.

A BILL

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

Analysis

HIGHWAY

TRAFFIC ACT

S.2 Amdt.

Definitions

Ss. 24.1 to 24.5 Added

24.1 Application for licence

24.2 Licence

24.3 Duties of transport-

ation network company

24.4 Prohibition

24.5 Suspension or cancel-

lation

of licence

S.60.1 Amdt.

Request for surrender of driver's licence at roadside

S.60.2 Amdt.

Periods of suspension

S.60.3 Amdt.

Periods

of suspension commercial vehicle, taxi or motor vehicle used for a

ride-sharing service

S.60.6 Amdt.

Legal use of drug for medical purpose

S.77 Amdt.

Insuring ambulances, etc.

S.186 Amdt.

Regulations

S.197.1 Added

Regulations re: transportation network companies in municipalities

CITY

OF CORNER BROOK ACT

S.229 Amdt.

Taxis

CITY

OF MOUNT PEARL ACT

S.229 Amdt.

Taxis

CITY

OF ST. JOHN'S ACT

S.167 Amdt.

Vehicles for hire

S.168 Amdt.

Scales of fares

MUNICIPALITIES

ACT, 1999

S.414 Amdt.

Council regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

HIGHWAY TRAFFIC ACT

RSNL1990 cH-3

as amended

(1) Section 2 of the Highway Traffic Act is amended by adding immediately after

paragraph 2(ggg) the following:

(ggg.1) "ride-sharing service" means a

service provided by a driver affiliated with a transportation network company

for the pre-arranged transportation of passengers for compensation through the use

of a transportation network but does not include a taxi service;

(2) Paragraph 2(qqq) of the Act is amended by

deleting the word "and" at the end of subparagraph (

i) and adding

immediately after that subparagraph the following:

(i.1) a motor vehicle used for a ride-sharing

service, and

(3) Section 2 of the Act is amended by adding

immediately after paragraph (zzz) the following:

(zzz.1) "transportation network" means an

online enabled application, a digital platform, a software program, a website

or other system or technology platform offered, used or facilitated by a

transportation network company to enable a person to obtain a ride-sharing

service;

(zzz.2) "transportation network company"

means a person that offers or facilitates a transportation network;

2. The Act is amended by adding immediately after

section 24 the following:

Application for

licence

24.1

(1) An application for a licence to carry on business as

a transportation network company shall be made to the registrar in writing and

in the form and manner set by the registrar.

(2) The registrar may

issue a licence to carry on business as a transportation network company to a

person who

(

a) submits an

application in the form and manner set by the registrar;

(

b) pays the fee set by

the minister; and

(

c) provides the

documents and other information prescribed in the regulations.

(3) Notwithstanding

subsection (2), where the person applying for a licence to carry on business as

a transportation network company is a corporation, the registrar may issue a

licence to the corporation where the corporation

(

a) submits an

application in the form and manner set by the registrar;

(

b) pays the fee set by

the minister;

(

c) provides a current

Certificate of Good Standing from the Registry of Companies; and

(

d) provides the

documents and other information prescribed in the regulations.

(4) Notwithstanding

subsections (2) and (3), the minister may, by regulation, prohibit transportation

network companies from carrying on business in a municipality where the

municipality

(

a) passes a resolution respecting the prohibition

of transportation network companies carrying on business in the municipality;

and

(

b) submits to the minister a request, in writing,

that the minister prohibit transportation network companies from carrying on

business in the municipality.

Licence

24.2

(1) A licence issued under

section 24.1

(

a) is subject to the

(

b) i s not

transferrable; and

(

c) remains in effect,

subject to the submitting of the documents and information prescribed in

subsection (2) and the payment of an annual fee set by the minister, until

suspended or cancelled by the registrar.

(2) Each year before the

anniversary date of the issuance of a licence to a transportation network

company, the transportation network company shall

(

a) pay the fee set by

the minister; and

(

b) provide the

following to the registrar:

(

i) a current

Certificate of Good Standing from the Registry of Companies, where the

transportation network company is a corporation, and

(ii) the documents or

other information prescribed in the regulations.

Duties of

transportation network company

24.3 A transportation network company licensed under

section 24.1

shall

(

a) prepare, maintain

and keep records in accordance with the regulations; and

(

b) comply with this

Act, the regulations and any terms, conditions and requirements that may be

prescribed by the registrar.

Prohibition

24.4

(1) A person shall not carry on business as a

transportation network company unless the person is licensed under this Act.

(2) A transportation network company shall not

carry on business in a name other than the name in which the licence is issued.

(3) A

transportation network company shall not carry on business in a municipality

prescribed in the regulations.

Suspension or

cancellation of licence

24.5

(1) The registrar may suspend or cancel a licence where

the registrar is satisfied that the person to whom the licence was issued

(

a) violated a term or

condition of the licence;

(

b) made a material

misrepresentation in the application for a licence or in the documents or

information submitted to the registrar under

section 24.1 or 24.2;

(

c) contravened a

provision of sections 24.1 to 24.4; or

(

d) contravened the

regulations made under paragraphs 186(1)(f.9) to (f.11) and

section 197.1.

(2) Where the registrar

suspends or cancels a licence, the registrar shall give written notice of the

suspension or cancellation to the person to whom the licence was issued.

3. Paragraph 60.1(1)(

c) of the Act is amended by

deleting the words "or taxi" wherever they appear and substituting a

comma and the words "taxi or motor vehicle used

for a ride-sharing service".

4. Subsection 60.2(9) of the Act is amended by

deleting the words "or taxi" wherever they appear and substituting a

comma and the words "taxi or motor vehicle used

for a ride-sharing service".

(1) Subsection 60.3(1) of the Act is repealed

and the following substituted:

Periods of

suspension commercial vehicle, taxi or motor vehicle used for a ride-sharing

service

60.3

(1) Upon a request being made under paragraph 60.1(1)(a), the

driver's licence or driving privileges of the driver or person who has care or

control of a commercial motor vehicle, taxi or motor vehicle used for a

ride-sharing service are suspended for a period of

(a) 7 days from the time

the request is made; and

(b) 90 days beginning on

the fourteenth day after the expiry of the 7 day suspension,

where the driver

or person who has care or control fails or refuses to comply with a demand made

under

section 320.27 or 320.28 of the Criminal Code .

(2) Subsections 60.3(2) to (9) of the Act are

amended by deleting the words "or taxi" wherever they appear and substituting

a comma and the words "taxi or motor vehicle

used for a ride-sharing service".

Section 60.6 of the Act is amended by deleting

the words "or taxi" wherever they appear and substituting a comma and

the words "taxi or motor vehicle used for a ride-sharing

service".

7. Paragraph 77(

a) of the Act is repealed and the

following substituted:

(

a) the coverage of

ambulances, buses, school buses, taxis, motor vehicles used for a ride-sharing

service and commercial motor vehicles by insurance;

8. Subsection 186(1) of the Act is amended by adding

immediately after paragraph (f.8) the following:

(f.9) prescribing the

information and documentation to be provided with an application for a licence

to carry on business as a transportation network company;

(f.10) respecting terms and

conditions of licences issued to a transportation network company;

(f.11) respecting records

to be kept by a transportation network company;

(f.12) regulating the

operation of motor vehicles used for a ride-sharing service, a class of motor

vehicles used for a ride-sharing service or certain motor vehicles used for a ride-sharing

service and in particular regulating or prescribing

(

i) the conduct of

passengers in motor vehicles used for a ride-sharing service and the drivers of

them,

(ii) the documents,

plates, markers and marks to be carried and the manner in which they are to be

carried and displayed,

(iii) the taking up and

setting down of passengers,

(iv) the carriage of

luggage and goods in motor vehicles used for a ride-sharing service, and

(

v) the equipment to be

carried in motor vehicles used for a ride-sharing service;

9. The Act is amended by adding immediately after

section 197 the following:

Regulations re: transportation

network companies in municipalities

197.1 The

minister may make regulations prescribing municipalities in which

transportation network companies are not permitted to carry on business.

CITY OF CORNER BROOK

ACT

RSNL1990 cC-15 as

amended

10. (1) Subsection 229(2) of the City of Corner Brook Act is repealed and

the following substituted:

(2) For the purpose of

subsection (1), the word "taxis" includes other vehicles carrying

passengers for fare but does not include vehicles used for a ride-sharing

service.

(2) Section 229 of the Act is amended by adding

immediately after subsection (2) the following:

(3) For the purposes of this section,

"ride-sharing service" means "ride-sharing service" as

defined in the Highway Traffic Act .

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16

as amended

11. (1) Subsection 229(2) of the City of Mount Pearl Act is repealed and

the following substituted:

(2) For the purpose of

subsection (1), the word "taxis" includes other vehicles carrying

passengers for fare but does not include vehicles used for a ride-sharing service.

(2) Section 229 of the Act is amended by adding

immediately after subsection (2) the following:

(3) For the purposes of this section,

"ride-sharing service" means "ride-sharing service" as

defined in the Highway Traffic Act .

CITY OF ST. JOHN'S ACT

RSNL1990 cC-17 as

amended

Section 167 of the City of St. John's Act is amended by renumbering it as subsection

167(1) and adding immediately after subsection (1) the following:

(2) Subsection (1) does not apply to vehicles used

for a ride-sharing service.

(3) For the purposes of this

section and

section

168, "ride-sharing service" means "ride-sharing service" as

defined in the Highway Traffic Act .

13. Subsection 168(3) of the Act is repealed and

the following substituted:

(3) Licensed cab-drivers

in this

section shall include the drivers of motor vehicles for hire but shall

not include drivers of motor vehicles used for a ride-sharing service.

MUNICIPALITIES ACT, 1999

SNL1999 cM-24

as amended

14. (1) Paragraph 414(1)(ss) of the Municipalities Act, 1999 is repealed and

the following substituted:

(ss) respecting taxis

including

(

i) fixing the number of

taxis in the municipality,

(ii) requiring the

operators of taxis to have a licence to operate in the municipality and fixing

a fee for those licences,

(iii) fixing fares for

users of taxis,

(iv) requiring the

inspection of taxis on an annual or other basis that the council may establish

in the regulations,

(

v) establishing

standards for taxis, and

(vi) authorizing and

assigning stands for taxis and the erection and maintenance of those stands,

and, for the purpose of

regulations made under this paragraph, the word "taxi" includes any

vehicle which carries a passenger for a fare, fee or other remuneration but

does not include a vehicle used for a ride-sharing service;

(2) Section 414 of the Act is amended by adding

immediately after subsection (7) the following:

(8) For the purposes of paragraph (1)(ss),

"ride-sharing service" means "ride-sharing service" as

defined in the Highway Traffic Act .

Commencement

15. T his Act, or a section, subsection or paragraph of

it comes into force on a day or days to be proclaimed by the

Lieutenant-Governor in Council.

King's Printer