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Volume 65, No. 14

168/2022

The British Columbia Gazette,

Part II

July 19, 2022

B.C. Reg. 168/2022 , deposited July 11, 2022, under the PASSENGER TRANSPORTATION AMENDMENT ACT, 2022 [section 5] and the PASSENGER TRANSPORTATION ACT [sections 59, 59.3 and 59.4]. Order in Council 418/2022, approved and ordered July 11, 2022.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective September 1, 2022,

(

a) the Passenger Transportation Amendment Act, 2022 , S.B.C. 2022, c. 10, is brought into force, and

(

b) the Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended as set out in the attached schedule.

— R. FLEMING, Minister of Transportation and Infrastructure ; M. MARK, Presiding Member of the Executive Council .

Schedule

Section 12.6 (2) (

a) of the Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended by striking out " in accordance with

section 42.2 (3) [prescribed record checks required for drivers of passenger directed vehicles] of the Act " and substituting " in accordance with sections 42.2 (3) [requirement to issue record check certificate if driver’s records acceptable] or 42.21 (4) [licensee may issue record check certificate if registrar determines driver’s records acceptable] of the Act ".

2 Sections 12.63 and 12.66 (1) are amended by striking out " For the purposes of

section 42.2 (2) (

a) and (b) [person with record that includes prescribed matter must not drive passenger directed vehicle] of the Act " and substituting " For the purposes of sections 42.2 [prescribed record checks required for drivers of passenger directed vehicles] and 42.21 [review of acquired record or results of prescribed record checks] of the Act ".

Section 12.68 is amended by striking out " For the purposes of

section 42.2 (3) [requirement to issue record check certificate if driver’s records acceptable] of the Act " and substituting " For the purposes of sections 42.2 (3) [requirement to issue record check certificate if driver’s records acceptable] and 42.21 (4) [licensee may issue record check certificate if registrar determines driver’s records acceptable] of the Act ".

Section 12.74 is repealed and the following substituted:

Review of acquired record or results of prescribed records checks

12.74

(1) A request by a person under

section 42.21 (1) of the Act for the review of an acquired record or the results of a prescribed record check must be made to the registrar, in writing,

(

a) in the case of a request for the review of an acquired record, within 30 days after the person gives notice of the acquired record in accordance with

section 42.2 (4) [driver must notify licensee of record acquired between record checks] of the Act, or

(

b) in the case of a request for the review of the results of a prescribed record check, within 30 days after the person receives notice under

section 12.7 [licensee must notify driver if record check certificate cannot be issued] of this regulation.

(2) The registrar must notify the person and the licensee, in writing, of a determination made under

section 42.21 (3) of the Act.

Section 21.1 is repealed.

Section 21.2 is repealed and the following substituted:

Evidence of authority to operate passenger directed vehicle under temporary operating permit

21.2

(1) In this section, "valid record check certificate" has the same meaning as in

section 12.6 (2) [definitions and

interpretation for

Part 2.1] .

(2) For the purposes of sections 39 (c) (ii) (B) [requirement to carry evidence of authority in vehicle] and 56 (2) (a.1) [power to require evidence of authority to operate motor vehicle] of the Act, evidence of a person’s authority to operate a motor vehicle as a passenger directed vehicle under a temporary operating permit issued under

section 38 [applications considered by the board] of the Act must be capable of being produced, immediately on request, in the form of a printed copy of the driver’s valid record check certificate.

(3) The printed copy required under subsection (2) must comply with the standards, if any, specified by the registrar.

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