2018 Legislative Session: 3rd Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. JORDAN STURDY

BILL M 223 – 2018

MISCELLANEOUS STATUTES (PASSENGER TRANSPORTATION SERVICES) AMENDMENT ACT, 2018

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Transportation and Infrastructure Amendments

Commercial Transport Act

SECTION 1: [Commercial Transport Act,

section 1] amends the definition of "commercial vehicle", as it relates to taxis, in order to authorize the Lieutenant Governor in Council to exclude taxis, in whole or in part, from being commercial vehicles within the meaning of that definition, consequential to the repeal and replacement by this Bill of

Part 4 of the Passenger Transportation Act .

1 The definition of "commercial vehicle" in

section 1 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended

(

a) in paragraph (

b) by striking out " road building machine, taxi and a tractor, " and substituting " road building machine and tractor, ", and

(

b) by adding the following paragraph:

(b.1) a taxi, if or to the extent that taxis are not excluded by regulation from

being commercial vehicles within the meaning of this definition, .

SECTION 2: [Commercial Transport Act,

section 11] authorizes the Lieutenant Governor in Council to make regulations for the purposes of paragraph (b.1) of the definition of "commercial vehicle" in

section 1 of the Act, as amended by this Bill.

Section 11 (2) is amended by adding the following paragraph:

(j.1) for the purposes of paragraph (b.1) of the definition of "commercial vehicle"

section 1, excluding a taxi from being a commercial vehicle within the meaning

of that definition; .

Insurance (Vehicle) Act

SECTION 3: [Insurance (Vehicle) Act,

section 7] authorizes the corporation, in respect of a motor vehicle operated as a passenger directed vehicle under the Passenger Transportation Act , to provide universal compulsory vehicle insurance under a certificate that specifies the circumstances in which the universal compulsory vehicle insurance provided by the certificate applies instead of the universal compulsory vehicle insurance provided

by an owner's certificate.

Section 7 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following subsections:

(5) In respect of a motor vehicle operated as a passenger directed vehicle under the Passenger Transportation Act , the corporation, as part of the plan, may provide universal compulsory vehicle insurance under a certificate that sets out the circumstances in which the universal compulsory vehicle insurance provided by the certifica te applies instead of the universal compulsory vehicle insurance provided by an owner's certificate.

(6) The certificate authorized to be provided under subsection (5) may be provided

to an owner or to a person who is not an owner.

SECTION 4: [Insurance (Vehicle) Act,

section 11.1] authorizes the corporation to require, from dispatchers or persons who hold passenger directed vehicle licences under the Passenger Transportation Act , information relating to or affecting applications for insurance, the establishment of premiums or motor vehicle incidents involving injury, death or property damage.

4 The following

section is added:

Information respecting passenger directed vehicles

11.1

(1) In this section:

"dispatcher" , in relation to a passenger directed vehicle, means a person, other than a holder

of a passenger directed vehicle licence, who connects passengers with drivers of the

passenger directed vehicle;

"passenger directed vehicle" has the same meaning as in

section 1 of the Passenger Transportation Act ;

"passenger directed vehicle licence" has the same meaning as in

section 1 of the Passenger Transportation Act ;

"personal information" has the same meaning as in

Schedule 1 of the Freedom of Information and Protection of Privacy Act .

(2) If a motor vehicle is or may be operated as a passenger directed vehicle under

a passenger directed vehicle licence, the corporation may require a dispatcher or

the holder of the licence to provide reports, statements and information, including

personal information, relating to or affecting one or more of the following:

(

a) an application for insurance in respect of the motor vehicle;

(

b) the establishment of premiums to be charged by the corporation in respect of

the motor vehicle;

(

c) an incident involving the motor vehicle, out of which incident arises injury

or death to a person or damage to property.

(3) Reports, statements and information provided to the corporation under subsection (2)

must

(

a) include the content required by the corporation, and

(

b) be in a form established by the corporation.

SECTIONS 5 and 6: [Insurance (Vehicle) Act, sections 30 and 41] are consequential to replacing the Passenger Transportation Board with the British Columbia Passenger Transportation Commissioner, as provided by the repeal and replacement by this Bill of

Part 3 of the Passenger Transportation Act .

Section 30 is amended by striking out " the Passenger Transportation Board, " and substituting " the ministry of the minister responsible for the administration of the Passenger Transportation Act , ".

Section 41 (2) is amended by striking out " the Passenger Transportation Board " and substituting " the registrar under the Passenger Transportation Act ".

SECTION 7: [Insurance (Vehicle) Act,

section 42] creates a new offence for contravening

section 11.1, as added by this Bill to the Act.

Section 42 is amended by striking out "

section 11 (3), " and substituting "

section 11 (3), 11.1, ".

SECTION 8: [Insurance (Vehicle) Act,

section 45] provides that in making regulations under subsection (2) (

e) of the section, the Lieutenant Governor in Council may confer discretion on the corporation or delegate a matter to the corporation.

Section 45 is amended by adding the following subsection:

(2.1) In making a regulation under subsection (2) (e), the Lieutenant Governor in

Council may do one or both of the following:

(

a) confer a discretion on the corporation;

(

b) delegate a matter to the corporation.

SECTION 9: [Insurance (Vehicle) Act,

section 46.2] clarifies the relationship between this

section and

section 47 of the Insurance Corporation Act , as amended by this Bill.

Section 46.2 (3) is amended by striking out " and despite

section 45 (6) of the Insurance Corporation Act , " and substituting " and despite

section 45 (6) of the Insurance Corporation Act but subject to

section 47 of that Act , ".

Motor Vehicle Act

SECTION 10: [Motor Vehicle Act,

section 118.94] amends the definition of "commercial motor vehicle" in order to authorize the Lieutenant Governor in Council to exclude a passenger directed vehicle from being a commercial motor vehicle within the meaning of the definition, consequential to the repeal and replacement by this Bill of

Part 4 of the Passenger Transportation Act .

Section 118.94 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) in the definition of "commercial motor vehicle" by striking out " means a motor vehicle, " and substituting " means a motor vehicle, other than a prescribed passenger directed vehicle, ", and

(

b) by adding the following definition:

"passenger directed vehicle" has the same meaning as in

section 1 of the Passenger Transportation Act ; .

SECTION 11: [Motor Vehicle Act,

section 118.992] provides a regulation-making power for the purposes of the definition of "commercial motor vehicle" in

section 118.94 of the Act, as amended by this Bill.

Section 118.992 is amended by adding the following paragraph:

(a.1) for the purposes of the definition of "commercial motor vehicle" in

section 118.94,

excluding a passenger directed vehicle or class of passenger directed vehicle from

being a commercial motor vehicle within the meaning of that definition; .

SECTION 12: [Motor Vehicle Act,

section 124] authorizes the Lieutenant Governor in Council to restrict, by regulation, the powers and rights of the council of a municipality to regulate under subsection (5) of the

section in relation to passenger directed vehicles or transportation networks services, as those terms are defined in the Passenger Transportation Act .

Section 124 is amended

(

a) in subsection (5) by striking out " Except as otherwise provided under another statutory provision, " and substituting " Except as otherwise provided under subsection (5.1) or another statutory provision, ", and

(

b) by adding the following subsection:

(5.1) The Lieutenant Governor in Council may, by regulation, restrict the powers and rights

of the council of a municipality to regulate under subsection (5) in relation to passenger

directed vehicles or transportation network services, as those terms are defined in

the Passenger Transportation Act .

Passenger Transportation Act

SECTION 13: [Passenger Transportation Act,

section 1]

adds defined terms for the purposes of amendments made by this Bill to the Act;

amends and repeals defined terms, consequential to amendments made by this Bill to the Act;

restructures the

definitions of "inter-city bus" and "passenger directed vehicle" to clarify the Lieutenant Governor in Council's regulation-making powers for the purposes of those

definitions.

Section 1 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended

(

a) by adding the following definition:

(

a) the commissioner, if the application or renewal is in relation to a passenger

directed vehicle licence;

(

b) the registrar, if the application or renewal is in relation to a licence that

includes a general authorization or inter-city bus authorization; ,

(

b) in the definition of "applicant" by striking out " or a temporary operating permit under

Part 4 ",

(

c) by repealing the definition of "authorization" and substituting the following:

"authorization" means the following:

(

a) a general authorization;

(

b) a passenger directed vehicle authorization;

(

c) a transportation network services authorization;

(

d) an inter-city bus authorization; ,

(

d) by repealing the definition of "board" ,

(

e) by adding the following definition:

"commissioner" means the British Columbia Passenger Transportation Commissioner appointed under

section 6 [commissioner] ; ,

(

f) by repealing the definition of "inter-city bus" and substituting the following:

"inter-city bus" means the following:

(

a) a commercial passenger vehicle, other than a prescribed commercial passenger

vehicle, when the 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) prescribed commercial passenger vehicle; ,

(

g) by adding the following

definitions:

"inter-city bus authorization" , in relation to a motor vehicle, means an authorization to operate the motor vehicle

as an inter-city bus;

"inter-city bus identification certificate" , in relation to a motor vehicle, means a certificate issued under

section 31 (3) (b) [role of registrar if inter-city bus authorization approved] in respect of the motor vehicle;

"inter-city bus identifier" , in relation to a motor vehicle, means an identifier issued under

section 31 (3) (

a) in respect of the motor vehicle; ,

(

h) by repealing the definition of "licence" and substituting the following:

"licence" means

(

a) a passenger directed vehicle licence, or

(

b) a licence issued in accordance with one or both of

(i)

section 27 (1) [application to operate general passenger vehicle] , or

(ii) a

section 31 (1) [role of registrar if inter-city bus authorization approved] ; ,

(

i) in paragraph (

b) of the definition of "licensee" by striking out "

section 30; " and substituting "

section 32 [transfer of licences] ; ",

(

j) in the definition of "managing" by striking out " includes determining the uses to which the motor vehicle may be put; " and substituting " includes determining the uses to which the motor vehicle may be put, but does not

include providing transportation network services; ",

(

k) by repealing the definition of "passenger directed vehicle" and substituting the following:

"passenger directed vehicle" means the following:

(

a) a commercial passenger vehicle, other than a prescribed commercial passenger

vehicle, if the commercial passenger vehicle

(

i) is being operated to or from locations determined by the passengers, or by a

person acting on behalf of the passengers, and

(ii) can accommodate not more than the prescribed number of persons;

(

b) a prescribed commercial passenger vehicle;

"passenger directed vehicle authorization" , in relation to a motor vehicle, means an authorization to operate the motor vehicle

as a passenger directed vehicle;

"passenger directed vehicle identifier" means an identifier, if any, required under a term or condition established under

(a)

section 22 (2) (c) [determination of application to operate passenger directed vehicle] in respect of a licence that includes a passenger directed vehicle authorization,

(b)

section 25 (2) [determination of application to provide transportation network services] in respect of a licence that includes a transportation network services authorization;

"passenger directed vehicle licence" means a licence issued in accordance with one or both of

(

a) section 23 [role of registrar if passenger directed vehicle authorization approved] , or

(

b) section 26 [role of registrar if transportation network services authorization approved] ; ,

(

l) by repealing the definition of "permit holder" ,

(

m) in the definition of "rates" by striking out " point-to-point fares, minimum charges, and any other fees or charges; " and substituting " point-to-point fares and any other fees or charges; ",

(

n) by repealing the

definitions of "special authorization" and "special authorization vehicle identifier" ,

(

o) by adding the following definition:

"specified requirement" means the following:

(

a) in relation to motor vehicles that are or may be operated under a passenger directed

vehicle licence,

(

i) a requirement prescribed under

section 59 (2) (j) [power to make regulations] that applies in respect of those motor vehicles, or

(ii) if requirements prescribed under

section 59 (2) (

j) do not apply in respect

of those motor vehicles, a requirement specified by the minister under

section 58.1 (1) (a) [minister's power to specify requirements respecting passenger directed vehicle licences] in respect of those motor vehicles;

(

b) in relation to persons who hold or are applying for a passenger directed vehicle

licence,

(

i) a requirement prescribed under

section 59 (2) (k), (k.1), (k.2) or (k.3) that

applies in respect of those persons, or

(ii) if requirements prescribed under

section 59 (2) (k), (k.1), (k.2) or (k.3) do

not apply in respect of those persons, a requirement specified by the minister under

section 58.1 (1) (

b) in respect of those persons;

(

c) in relation to the operation of motor vehicles as passenger directed vehicles,

(

i) a requirement prescribed under

section 59 (2) (1) that applies in respect of

the operation of the motor vehicles or the persons who are or may be operating those

motor vehicles, or

(ii) if requirements prescribed under

section 59 (2) (1) do not apply in respect

of the operation of the motor vehicles or the persons who are or may be operating

those motor vehicles, a requirement specified by the minister under

section 58.1 (1) (

c) in respect of that operation or those persons; ,

(

p) by repealing the definition of "temporary operating permit" , and

(

q) by adding the following

definitions:

"transportation network services" means the following:

(

a) services, other than prescribed services, respecting the connection of passengers

with drivers of passenger directed vehicles through the use of an online transportation

network and online payment system;

(

b) prescribed services;

"transportation network services authorization" means an authorization to provide transportation network services; .

SECTION 14: [Passenger Transportation Act,

section 4] is consequential to the removal by this Bill of temporary operating permits from the Act.

Section 4 (1) (

a) is amended by striking out " and permit holders " and by striking out " and temporary operating permits ".

SECTION 15; [Passenger Transportation Act,

section 5]

clarifies that the registrar can conduct audits;

amends the registrar's audit and investigation powers, consequential to the repeal

and replacement by this Bill of Parts 3 and 4 of the Act;

adds a new audit and investigation power in respect of specified record checks

under

section 42.1, as added by this Bill to the Act;

removes references to permit holders and temporary operating permits, consequential

to the removal by this Bill of temporary operating permits from the Act;

replaces references to the board with references to the commissioner, consequential

to the repeal and replacement by this Bill of

Part 3 of the Act.

Section 5 is amended

(

a) in subsections (1) and (2) by striking out " an investigation " wherever it appears and substituting " an audit or investigation ",

(

b) by repealing subsection (2) (

a) and (

b) and substituting the following:

(

a) determining whether, in respect of a motor vehicle that is or may be operated

under a passenger directed vehicle licence,

(

i) the motor vehicle meets specified requirements, or

(ii) specified requirements are met in relation to the operation of the motor vehicle

or in relation to a person who is or may be operating that motor vehicle,

(a.1) determining whether, in respect of a motor vehicle that is or may be operated

under a licence as a general passenger vehicle or inter-city bus,

(

i) the motor vehicle meets prescribed requirements, or

(ii) prescribed requirements are met in relation to the operation of the motor vehicle

or in relation to a person who is or may be operating that motor vehicle,

(

b) determining whether a person who holds or is applying for a licence

(

i) holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations,

(ii) meets specified requirements, in the case of a person who holds or is applying

for a passenger directed vehicle licence, or

(iii) meets prescribed requirements, in the case of a person who holds or is applying

for a licence that includes a general authorization or an inter-city bus authorization,

(b.1) determining whether, in respect of a person who is or may be driving a motor

vehicle under a passenger directed vehicle licence,

(

i) the person has undergone the specified record checks in accordance with

section 42.1 (2) (a) [specified record checks required for drivers of passenger directed vehicles] ,

(ii) the person has a record that includes a specified matter, contrary to

section 42.1 (3),

(iii) the licensee has ensured that the person complies with

section 42.1 (2), (3)

and (4), ,

(

c) in subsection (2) (

c) and (

e) by striking out " or temporary operating permit ",

(

d) in subsection (2) (

d) by striking out " an applicant for a licence or a temporary operating permit or a licensee or a permit

holder, " and substituting " an applicant or a licensee, ",

(

e) by adding " or " at the end of subsection(2) (f),

(

f) by repealing subsection (2) (g),

(

g) in subsection (2) (

h) by striking out " the registrar or board " and substituting " the registrar or commissioner ",

(

h) in subsection (2.1) by striking out " may conduct an investigation that the registrar considers is or may be necessary to

determine whether an applicant, a licensee or the holder of a temporary operating

permit is a fit and proper person to provide the service. " and substituting " may conduct an audit or investigation that the registrar considers is or may be necessary

to determine whether a person who holds or is applying for a licence is a fit and

proper person to provide the service to which the application or licence relates and

is capable of providing that service. ",

(

i) in subsections (3) (

a) and (5) by striking out " licensee, licensee's agent, permit holder or permit holder's agent " and substituting " licensee or licensee's agent ", and

(

j) in subsections (4) (a), (5) and (7) by striking out " the investigation "and substituting " the audit or investigation ".

SECTION 16: [Passenger Transportation Act, Parts 3 and 4]

replaces the Passenger Transportation Board with the British Columbia Passenger

Transportation Commissioner and sets out the powers, duties and functions of that

commissioner;

amends the prohibition against operating a commercial passenger vehicle without

a licence, consequential to amendments made by this Bill in relation to the licensing

requirements for passenger directed vehicles and transportation network services;

prohibits persons from providing transportation network services without a licence;

changes the application and licensing requirements for passenger directed vehicles,

adds application and licensing requirements for transportation network services and

amends other provisions in

Part 4 of the Act for consistency with those changes;

assigns powers, duties and functions to the registrar or commissioner, consequential

to the repeal and replacement by this Bill of

Part 3 of the Act;

repeals and does not replace sections 24, 32 and 35 and Division 5 of

Part 4 of

the Act.

16 Parts 3 and 4 are repealed and the following substituted:

Part 3 – British Columbia Passenger Transportation Commissioner

Division 1 – Appointment of Commissioner

Commissioner

(1) The Lieutenant Governor in Council must appoint a British Columbia Passenger Transportation

Commissioner and may appoint not more than 2 deputy commissioners.

(2) The Lieutenant Governor in Council may, subject to this section, determine the

under subsection (1).

(3) Deputy commissioners must, on the request of the commissioner, provide any assistance

to the commissioner in the performance or exercise of the commissioner's powers, functions

and duties that may be requested by the commissioner, including, without limitation,

exercising any of the decision-making powers of the commissioner, and a reference

in this Act to the commissioner includes a reference to the deputy commissioners if

and to the extent that the deputy commissioners have been requested to assist the

commissioner.

(4) The following provisions of the Administrative Tribunals Act apply to the commissioner:

(

a) in

section 1 [definitions] , the

definitions of "constitutional question", "privative clause", "tribunal" and

"tribunal's enabling Act";

(

b) section 21 [notice of hearing by publication] ;

(

c) section 30 [tribunal duties] ;

(

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

(

e) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues] ;

(

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

(

g) section 47 [power to award costs] ;

(

h) section 57 [time limit for judicial review] ;

(

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

(

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

(5) The commissioner may perform or exercise other powers, functions or duties that

the Lieutenant Governor in Council may prescribe.

Interim commissioner

(1) Before making a first appointment of a commissioner under

section 6 (1), the Lieutenant

Governor in Council may appoint an employee appointed under the Public Service Act as the interim commissioner.

(2) An appointment under subsection (1) is for a term specified by the Lieutenant

Governor in Council or, if no term is specified, for a term that ends on the date

on which the term of the first person appointed as commissioner under

section 6 (1)

commences.

(3) The interim commissioner has all the powers, functions and duties of the commissioner

under this Act.

Commissioner's power to delegate

(1) The commissioner may delegate to any person any of the commissioner's powers,

functions or duties under this Act, except the power to delegate under this section.

(2) A delegation under this

section

(

a) may be cancelled,

(

b) does not prevent the commissioner from performing or exercising the delegated

power, function or duty, and

(

c) may be made subject to the terms the commissioner considers appropriate.

(3) If the commissioner ceases to hold office, a delegation under this

section continues

in effect

(

a) as long as the delegate continues in office, or

(

b) until cancelled by a succeeding commissioner.

(4) A person who claims to be performing or exercising a power, function or duty

delegated by the commissioner under this

section must, on request, produce evidence

of the delegation.

Employees and consultants

(1) The commissioner may appoint, in accordance with the Public Service Act , employees necessary to enable the commissioner to perform the duties of the office.

(2) For the purpose of the application of the Public Service Act to subsection (1), the commissioner is declared to be a deputy minister.

(3) The commissioner may retain auditors, consultants, inspectors or other persons

or entities necessary to enable the commissioner to perform or exercise the powers,

functions and duties of the office and may enter into agreements with the persons

(4) The Public Service Act does not apply in respect of a person retained under subsection (3).

Financial administration

10 The commissioner must, whenever required by the minister,

(

a) render detailed accounts of the revenues and expenditures of the office of the

commissioner for the period or to the day that the minister designates, and

(

b) provide to the minister a budget, satisfactory to the minister, for an upcoming

fiscal year identified by the minister.

Persons not required to testify or produce evidence

(1) The commissioner, a deputy commissioner or an employee appointed under

section 9 (1) [employees and consultants] is not required to testify or produce evidence in any civil, administrative or regulatory

action or proceeding respecting records or information obtained in the discharge of

duties under this Act.

(2) Despite subsection (1), the commissioner 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 .

Jurisdiction of commissioner exclusive

(1) The commissioner has exclusive jurisdiction in all cases and for all matters in

which jurisdiction is conferred on the commissioner by this or any other enactment.

(2) An order, decision or proceeding of the commissioner must not be questioned,

reviewed or restrained by any process or proceeding in any court.

Commissioner subject to direction

13 The Lieutenant Governor in Council may, by regulation, issue directions to the commissioner

with respect to the performance or exercise of the commissioner's powers, functions

and duties under this Act.

Division 2 – Audit, Investigation, Hearing and Information Powers of Commissioner

Audit and investigation powers

(1) The commissioner must, at the request of the minister, conduct an audit or investigation

(

a) to ensure compliance with this Act, the regulations, or a licence, or

(

b) in relation to a matter identified by the minister.

(2) The commissioner, in relation to audits or investigations requested by the minister

under subsection (1), applications to the commissioner under

Part 4 [Licences] or appeals to the commissioner under

section 51 [appeals] , may

(

a) arrange and conduct hearings, and

(

b) make rules respecting practice and procedure in respect of those hearings.

(3) The commissioner must make the rules respecting practice and procedure made under

this

section accessible to the public in a manner the commissioner considers appropriate.

Information and records

15 The commissioner may direct the registrar to provide any information or records the

commissioner considers are necessary to allow the commissioner to discharge its duties

or exercise its authority.

Division 3 – Rates for Passenger Directed Vehicles

Establishment of rates for passenger directed vehicles

(1) The Lieutenant Governor in Council may make regulations respecting rates that

must be charged under

section 42.2 [rates that must be charged under passenger directed vehicle licences] .

(2) If the Lieutenant Governor in Council repeals all regulations made under subsection (1),

the commissioner must make an order, effective on the date of the repeal of those

regulations, respecting rates that must be charged under

section 42.2.

Division 4 – Reports of Commissioner

Annual reports

17 Within 5 months after the end of each fiscal year, the commissioner must make a report

to the minister for the preceding fiscal year, setting out briefly

(

a) all applications to the commissioner under this Act,

(

b) all directions and orders issued by the commissioner,

(

c) the financial statements applicable to the office of the commissioner, including

full disclosure of the expenses of, and associated with, the office of the commissioner,

and

(

d) other information the minister, by order, specifies.

Commissioner to make recommendations

18 In addition to any other reports the commissioner may or must provide under this Act,

the commissioner must, when directed to do so by the minister,

(

a) review this Act and recommend to the minister any amendments to this Act that

the commissioner considers will better enable the commissioner and the registrar to

perform or exercise the commissioner's or the registrar's powers, functions and duties

under this Act, and

(

b) report to the minister on any other matter, as specified by the minister.

Part 4 – Licences

Division 1 – Requirement for Licence

Licence required to operate commercial passenger vehicle

(1) Subject to

section 20 (2), a person must not operate a motor vehicle as a type

of commercial passenger vehicle unless each of the following applies:

(

a) the person holds or is operating the motor vehicle under a valid licence that

authorizes the motor vehicle to be operated as that type of commercial passenger vehicle;

(

b) if the motor vehicle is operated as a passenger directed vehicle,

(

i) the licensee meets specified requirements and is otherwise in compliance with

the licence, this Act, the regulations and all other applicable laws, and

(ii) the motor vehicle meets specified requirements and is operated by the person

in compliance with the licence, this Act, the regulations and all other applicable

laws;

(

c) if the motor vehicle is operated as a general passenger vehicle or an inter-city

bus,

(

i) the licensee holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations,

(ii) the licensee meets prescribed requirements and is otherwise in compliance with

the licence, this Act, the regulations and all other applicable laws, and

(iii) the motor vehicle meets prescribed requirements and is operated by the person

in compliance with the licence, this Act, the regulations and all other applicable

laws.

(2) If a driver of a motor vehicle

(

a) holds a licence authorizing the driver to drive the motor vehicle as a passenger

directed vehicle, and

(

b) drives the motor vehicle as a passenger directed vehicle that is managed by a

person under a licence issued to that person under

section 23 [role of registrar if passenger directed vehicle authorization approved] , the driver is deemed to be driving the motor vehicle under the licence of the person

referred to in paragraph (

b) of this subsection for the purposes of determining if

that person is in compliance with subsection (1) (

b) of this section.

(3) For certainty, subsection (2) and

section 20 (3) do not affect subsection (1) (

b) of this section, as that subsection applies for the purposes of determining if the

driver is in compliance with subsection (1) (

b) of this section.

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

(

a) operate a motor vehicle equipped with a meter or other device for calculating

rates or fares, or

(

b) operate a motor vehicle equipped with a top light, unless the motor vehicle is

operated under a passenger directed vehicle licence that expressly authorizes that

operation.

(5) Without limiting subsection (1), a person must not convey, in a commercial passenger

vehicle, passengers who hail or flag the motor vehicle from the street, or who cause

the motor vehicle to be hailed or flagged from the street, unless

(

a) the motor vehicle is operated under a passenger directed vehicle licence that

expressly authorizes that conveyance, or

(

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

(6) A person must not provide, or hold himself or herself out as able to provide,

a service that involves the operation of a motor vehicle as a type of commercial passenger

vehicle 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.

(7) This

section does not apply to a person or commercial passenger vehicle that

has been exempted by regulation from the application of this Act.

Licence required to provide transportation network services

(1) A person must not provide transportation network services unless the person

(

a) holds a valid licence that authorizes the person to provide those services,

(

b) meets specified requirements and is otherwise in compliance with the licence,

this Act and the regulations, and

(

c) ensures that all drivers of passenger directed vehicles to whom the person provides

transportation network services drive their motor vehicles in compliance with the

licence referred to in paragraph (

a) and with this Act, the regulations and all other

applicable laws.

(2) A driver of a motor vehicle operated as a passenger directed vehicle is not required

to comply with

section 19 (1) (

a) if the driver is driving the motor vehicle as a

result of the provision of transportation network services by a person who holds a

valid licence authorizing the provision of those services.

(3) If a driver of a motor vehicle

(

a) holds a licence authorizing the driver to drive the motor vehicle as a passenger

directed vehicle, and

(

b) drives the motor vehicle as a passenger directed vehicle as a result of the provision

of transportation network services by a person who holds a valid licence authorizing

the provision of those services, the driver is deemed to be driving the motor vehicle

under the licence of the person referred to in paragraph (

b) for the purposes of determining

if that person is in compliance with subsection (1) (b).

(4) A person must not hold himself or herself out as able to provide transportation

network services unless the person is a licensee whose licence includes the authorization

necessary to provide those services.

(5) This

section does not apply to a person who has been exempted by regulation from

the application of this Act.

Division 2 – Passenger Directed Vehicle Licence

Application to operate passenger directed vehicle

(1) A person may apply to the commissioner for a licence that includes a passenger

directed vehicle authorization.

(2) If the commissioner receives an application under subsection (1), the commissioner,

in addition to information provided under

section 37 [applications to registrar or commissioner] , may require further information from the applicant, including written or oral submissions.

Determination of application to operate passenger directed vehicle

(1) The commissioner may approve an application for a licence that includes a passenger

directed vehicle authorization if the commissioner considers that the applicant

(

a) is a fit and proper person to provide the services sought under the licence,

and

(

b) is capable of providing those services.

(2) If the commissioner approves, in whole or in part, an application for a licence

that includes a passenger directed vehicle authorization, the commissioner may establish

to motor vehicles operated under the licence:

(

a) equipment that must be installed or carried in or on the motor vehicles and the

inspection, testing, adjustment, display and use of that equipment;

(

b) technology that must be used and the inspection, testing, adjustment and display

of that technology;

(

c) vehicle identifiers that must be displayed in or on the motor vehicles;

(

d) driver identification and other information that must be displayed or carried

in or on the motor vehicles.

(3) The commissioner must notify the registrar and the applicant of the following:

(

a) a decision under subsection (1) approving an application;

(

b) a decision under subsection (1) refusing to approve an application;

Role of registrar if passenger directed vehicle authorization approved

(1) After receiving notice from the commissioner that the commissioner has approved

an application for a licence that includes a passenger directed vehicle authorization,

the registrar must issue a licence in response to that application if the registrar

is satisfied that the applicant

(

a) meets specified requirements,

(

b) is not subject to an order under

Part 6 [Enforcement] ,

(

c) will ensure that motor vehicles operated under the licence meet specified requirements

and are operated by persons in compliance with this Act, and

(

d) will ensure that the prescribed requirements respecting a motor vehicle liability

policy are met.

(2) A licence issued to an applicant in accordance with this

section must include

the following:

(

a) the passenger directed vehicle authorization approved by the commissioner under

section 22 (1);

(3) If a licence is issued in accordance with this section, the licensee is, subject

section 19 (1) (b) [licence required to operate commercial passenger vehicle] , authorized to operate passenger directed vehicles under the licence, if any only

to the extent that the licence authorizes that operation.

Application to provide transportation network services

(1) A person may apply to the commissioner for a licence that includes a transportation

network services authorization.

(2) If the commissioner receives an application under subsection (1), the commissioner,

in addition to information provided under

section 37 [applications to registrar or commissioner] , may require further information from the applicant, including written or oral submissions.

Determination of application to provide transportation network services

(1) The commissioner may approve an application for a licence that includes a transportation

network services authorization if the commissioner considers that the applicant

(

a) is a fit and proper person to provide the services sought under the licence,

and

(

b) is capable of providing those services.

(2) If the commissioner approves, in whole or in part, an application for a licence

that includes a transportation network services authorization, the commissioner may

section 22 (2) [determination of application to operate passenger directed vehicle] .

(3) The commissioner must notify the registrar and the applicant of the following:

(

a) a decision under subsection (1) approving an application;

(

b) a decision under subsection (1) refusing to approve an application;

Role of registrar if transportation network services authorization approved

(1) After receiving notice from the commissioner that the commissioner has approved

an application for a licence that includes a transportation network services authorization,

the registrar must issue a licence in response to that application if the registrar

is satisfied that the applicant

(

a) meets specified requirements,

(

b) has the prescribed motor vehicle liability policy,

(

c) is not subject to an order under

Part 6 [Enforcement] , and

(

d) will ensure that motor vehicles operated under the licence meet specified requirements

and are operated by persons in compliance with this Act.

(2) A licence issued to an applicant in accordance with this

section must include

the following:

(

a) the transportation network services authorization approved by the commissioner

under

section 25 (1);

(3) If a licence is issued in accordance with this section,

(

a) the licensee is, subject to

section 20 (1) (

b) and (c) [licence required to provide transportation network services] , authorized to provide transportation network services, if and only to the extent

that the licence authorizes those services, and

(

b) motor vehicles are authorized to be operated as passenger directed vehicles under

the licence, if and only to the extent that the licence authorizes that operation.

Division 3 – General Passenger Vehicle Licence

Application to operate general passenger vehicle

(1) If the registrar receives an application for a licence that includes a general

authorization, the registrar must, subject to subsections (2), (6), (7) and (8), issue

a licence in response to that application if the registrar is satisfied that the applicant

(

a) holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations,

(

b) meets prescribed requirements,

(

c) is not subject to an order under

Part 6 [Enforcement] ,

(

d) will ensure that motor vehicles in respect of which the licence is to be issued

meet prescribed requirements and are operated by persons in compliance with this Act,

and

(

e) will ensure that

(

i) proof of financial responsibility in respect of motor vehicles operated under

the licence has been provided to the Insurance Corporation of British Columbia under

section 106 [proof of financial responsibility] of the Motor Vehicle Act , or

(ii) motor vehicle liability policies have been issued in respect of the motor vehicles.

(2) The registrar,

(

a) if the registrar considers it necessary or advisable, may consider, in addition

to the requirements under subsection (1), whether the applicant is a fit and proper

person to provide the service sought under the licence and is capable of providing

that service, and

(

b) if the registrar considers that the applicant is not a fit and proper person

to provide the service sought under the licence or is not capable of providing that

service, may refuse to issue a licence in respect of the application.

(3) The registrar may issue a temporary licence under this

section and may specify

a term for the licence of less than one year.

(4) A licence issued to an applicant in accordance with this

section

(

a) must include the general authorization approved by the registrar, and

(5) If a licence is issued in accordance with this section, the licensee is, subject

section 19 (1) (c) [licence required to operate commercial passenger vehicle] , authorized to operate, as general passenger vehicles, each of the motor vehicles

to which the licence applies, if and only to the extent that the licence authorizes

that operation.

(6) If the registrar receives an application referred to in subsection (1) but the

registrar considers that the operations intended by the applicant require a passenger

directed vehicle authorization or a transportation network services authorization,

the registrar must forward the application to the commissioner.

(7) After receiving an application under subsection (6), the commissioner must determine

whether a passenger directed vehicle authorization or transportation network services

authorization is required to authorize the operations intended by the applicant and,

if the commissioner determines that

(

a) the authorization is not required,

(

i) the commissioner must notify the registrar and the applicant of that determination,

and

(ii) the registrar must treat the application as an application to which subsection (1)

applies, or

(

b) the authorization is required,

(

i) the commissioner must notify the registrar and the applicant of that determination,

and

(ii) the applicant must, if the applicant wishes to proceed with the application,

amend the application to seek the necessary authorization.

(8) If the registrar receives an application referred to in subsection (1) but the

registrar determines that the operations intended by the applicant require an inter-city

bus authorization,

(

a) the registrar must notify the applicant of that determination, and

(

b) the applicant must, if the applicant wishes to proceed with the application,

amend the application to seek the necessary inter-city bus authorization.

Division 4 – Inter-City Bus Licence

Application to operate inter-city bus

(1) A person may apply to the registrar for a licence that includes an inter-city

bus authorization.

(2) After receiving an application under subsection (1), the registrar must publish

notice of the application in a manner that, in the opinion of the registrar, is reasonably

sufficient to bring to the attention of the public the fact and nature of the application.

(3) Despite subsection (2), the registrar need not publish notice of the application

or accept or consider any written submissions provided in respect of the application

if the registrar is satisfied that there is an urgent public need for the service

proposed in the application.

Consideration of application to operate inter-city bus

(1) If the registrar receives an application for a licence that includes an inter-city

bus authorization, the registrar

(

a) must, in the case of any application other than one referred to in

section 28 (3),

defer consideration of the application for a period of at least 7 days after the date

on which the notice referred to in

section 28 (2) is published, and

(

b) may, in addition to information provided under

section 37 [applications to registrar or commissioner] , require further information from the applicant, including written or oral submissions.

(2) A person may, within the time period specified by the registrar and on payment

of the prescribed fee, make a written submission to the registrar respecting an application

made under

section 28 (1).

(3) At any time after the expiry of the 7 day period referred to in subsection (1) (a),

and after considering the application made under

section 28 (1) and any written submissions

provided under subsection (1) (

b) or (2) of this section, the registrar may do one

or more of the following:

(

a) convene and conduct a hearing on the application;

(

b) conduct an investigation in respect of any matter related to the application;

(

c) review the application and make a determination based on the application and

submissions.

(4) The registrar 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 registrar, and

(

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

(5) Unless the registrar 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 registrar may, in the registrar's sole discretion, waive or reduce a fee

payable under subsection (2) or (4) (

b) or any costs that the registrar is entitled

to claim.

Determination of application to operate inter-city bus

(1) The registrar may approve an application for a licence that includes an inter-city

bus authorization if the registrar considers that

(

a) there is a public need for the service the applicant proposes to provide under

the inter-city bus 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 registrar approves, in whole or in part, an application for a licence

that includes an inter-city bus authorization, the registrar may establish the terms

and conditions that are to apply to the licence if issued, including, without limitation,

(

a) equipment that must be installed or carried in or on motor vehicles operated

under the licence and the inspection, testing, adjustment, display and use of that

equipment;

(

b) routes and minimum route frequencies for motor vehicles operated under the licence.

(3) The registrar must notify the applicant of the following:

(

a) a decision under subsection (1) approving an application;

(

b) a decision under subsection (1) refusing to approve an application;

Role of registrar if inter-city bus authorization approved

(1) After approving an application for a licence that includes an inter-city bus authorization,

the registrar must issue a licence in response to that application if the registrar

is satisfied that the applicant

(

a) holds a valid safety certificate, if required under Division 37 [Safety Code] of the Motor Vehicle Act Regulations,

(

b) meets prescribed requirements,

(

c) is not subject to an order under

Part 6 [Enforcement] ,

(

d) will ensure that motor vehicles in respect of which the licence is to be issued

meet prescribed requirements and are operated by persons in compliance with this Act,

and

(

e) will ensure that

(

i) proof of financial responsibility in respect of motor vehicles operated under

the licence has been provided to the Insurance Corporation of British Columbia under

section 106 [proof of financial responsibility] of the Motor Vehicle Act , or

(ii) motor vehicle liability policies have been issued in respect of the motor vehicles.

(2) A licence issued to an applicant in accordance with this

section must include

the following:

(

a) the inter-city bus authorization approved by the registrar under

section 30 (1);

(3) If the registrar issues a licence in accordance with this section, the registrar

must provide the licence to the applicant, along with

(

a) one inter-city bus identifier for each of the motor vehicles in respect of which

the licence is issued, and

(

b) one inter-city bus identification certificate, for each of those motor vehicles,

indicating

(

i) the number of the inter-city bus identifier provided for that motor vehicle,

and

(ii) the number of the licence in relation to which that inter-city bus identifier

is provided.

(4) If a licence is issued in accordance with this section, the licensee is, subject

section 19 (1) (c) [licence required to operate commercial passenger vehicle] , authorized to operate each of the motor vehicles to which the licence applies as

inter-city buses, if and only to the extent that the licence authorizes that operation.

Division 5 – Other Applications

Transfer of licences

(1) A licensee wishing to transfer a licence must apply to the applicable administrator

before transferring the licence and, for this purpose, the following provisions apply:

(

a) if the licence includes a passenger directed vehicle authorization, sections 21 [application to operate passenger directed vehicle] to 23 [role of registrar if passenger directed vehicle authorization approved] ;

(

b) if the licence includes a transportation network services authorization, sections 24 [application to provide transportation network services] to 26 [role of registrar if transportation network services authorization approved] ;

(

c) if the licence includes a general authorization, Division 3 [General Passenger Vehicle Licence] ;

(

d) if the licence includes an inter-city bus authorization, Division 4 [Inter-City Bus Licence] other than

section 30 (1) (

a) and (c) [determination of application to operate inter-city bus] .

(2) In applying subsection (1) for the purposes of this section, the following rules

apply:

(

a) except in the provisions to which paragraph (

b) of this subsection applies, a

reference to the applicant is to be read as if it were a reference to the transferee;

(

b) in the following provisions, a reference to the applicant is to be read as if

it were a reference to both the licensee and the transferee:

(i) sections 21 (2), 22 (3) [determination of application to operate passenger directed vehicle] and 23 (1) (b);

(ii) sections 24 (2), 25 (3) [determination of application to provide transportation network services] and 26 (1) (c);

(iii)

section 27 (1) (c) [application to operate general passenger vehicle] ;

(iv) sections 29 (1) (b) [consideration of application to operate inter-city bus] , 30 (3) and 31 (1) (c) [role of registrar if inter-city bus authorization approved] .

(3) Promptly after a licence is transferred under this Act, the person from whom

the licence was transferred must do the following, as applicable, in respect of each

motor vehicle that was operated under the licence:

(

a) cease displaying, or ensure that the person who operated the motor vehicle ceases

displaying in or on the motor vehicle, the passenger directed vehicle identifier

required in respect of that motor vehicle;

(

b) collect the passenger directed vehicle identifier required in respect of the

motor vehicle or notify the registrar if the licensee fails to collect that identifier;

(

c) cease displaying, in or on the motor vehicle, the general authorization vehicle

identifier assigned by the licence in respect of that motor vehicle;

(

d) return, in the prescribed manner, the inter-city bus identifier and inter-city

bus identification certificate issued in relation to that licence.

Amendment of licences

(1) A licensee wishing to amend a licence must apply to the applicable administrator

and, for this purpose, the following provisions apply:

(

a) if the licence includes a passenger directed vehicle authorization, sections 21 [application to operate passenger directed vehicle] to 23 [role of registrar if passenger directed vehicle authorization approved] ;

(

b) if the licence includes a transportation network services authorization, sections 24 [application to provide transportation network services] to 26 [role of registrar if transportation network services authorization approved] ;

(

c) if the licence includes a general authorization, Division 3 [General Passenger Vehicle Licence] ;

(

d) if the licence includes an inter-city bus authorization, Division 4 [Inter-City Bus Licence] .

(2) Despite subsection (1) but subject to subsection (4), the commissioner may, on

the commissioner's own initiative, direct the registrar to amend a passenger directed

vehicle licence and, for this purpose, the following provisions apply:

(

a) if the commissioner's direction relates to a passenger directed vehicle authorization,

sections 22 (2) and (3) [determination of application to operate passenger directed vehicle] and 23;

(

b) if the commissioner's direction relates to a transportation network services

authorization, sections 25 (2) and (3) [determination of application to provide transportation network services] and 26.

(3) Despite subsection (1) but subject to subsection (4), the registrar may, on the

registrar's own initiative, amend a licence that includes an inter-city bus authorization

and, for this purpose, the following provisions apply:

(a)

section 30 (2) and (3) [determination of application to operate inter-city bus] ;

(

b) section 31 [role of registrar if inter-city bus authorization approved] .

(4) The commissioner may give a direction under subsection (2), and the registrar

may make an amendment under subsection (3), for any of the following purposes:

(

a) to correct an error in a licence;

issued in relation to commercial passenger vehicles that

(

i) operate in a specified area, or

(ii) offer the same or substantially the same service to the public;

(

c) to make a licence comply with amendments made to this Act or the regulations;

(

d) to reflect changes to a licence required by the results of an appeal under this

Act.

(5) A licensee wishing to amend a licence to obtain an authorization not already

included in the licence must apply to the applicable administrator for a new licence.

Replacement of licences, inter-city bus identifiers and inter-city bus identification

certificates

(1) If a licence, inter-city bus identifier or inter-city bus identification certificate

is worn out, defaced, lost or destroyed, a person may apply to the registrar to replace

the licence, identifier or identification certificate.

(2) On receipt of an application under subsection (1), the registrar must replace

the licence, identifier or identification certificate if the registrar is satisfied

that

(

a) the original licence, identifier or identification certificate is worn out, defaced,

lost or destroyed, and

(

b) the applicant is not, at the time of application, subject to an order under

Part 6 [Enforcement] that prohibits the applicant from obtaining or replacing that licence, identifier

or identification certificate.

Expiry and renewal of licences

(1) Subject to subsections (2), (5) and (8), a licence issued under this Part expires

on the date that is one year after the date on which the licence was issued.

(2) If a different term is specified for a licence under any of the following provisions,

the licence expires at the end of the specified term:

(a)

section 22 (2) [determination of application to operate passenger directed vehicle] ;

(b)

section 25 (2) [determination of application to provide transportation network services] ;

(c)

section 27 (3) [application to operate general passenger vehicle] ;

(d)

section 30 (2) [determination of application to operate inter-city bus] .

(3) A person may apply to the registrar to renew a licence under this section.

(4) An application to renew a licence

(

a) must be made, subject to paragraph (b), before the licence expires, or

(

b) may be made within 7 days after the licence expires if

(

i) the licence includes a passenger directed vehicle authorization, a transportation

network services authorization or an inter-city bus authorization, and

(ii) the registrar is satisfied that the person's failure to renew the licence before

expiry of the licence was inadvertent.

(5) If a person to whom subsection (4) (

b) applies renews a licence within the 7 day

period referred to in that paragraph, the person is deemed, for all purposes under

this Act, to have renewed the licence immediately before its expiry.

(6) Subject to subsection (7), the registrar must approve an application to renew

do not prohibit its renewal and the following requirements are met:

(

a) if the application to renew is in respect of a licence that includes a passenger

directed vehicle authorization, the requirements set out in

section 23 (1) [role of registrar if passenger directed vehicle authorization approved] ;

(

b) if the application to renew is in respect of a licence that includes a transportation

network services authorization, the requirements set out in

section 26 (1) [role of registrar if transportation network services authorization approved] ;

(

c) if the application to renew is in respect of a licence that includes a general

authorization, the requirements set out in

section 27 (1) [application to operate general passenger vehicle] ;

(

d) if the application to renew is in respect of a licence that includes an inter-city

bus authorization, the requirements set out in

section 31 (1) [role of registrar if inter-city bus authorization approved] .

(7) The registrar,

(

a) if the registrar considers it necessary or advisable, may consider, in addition

to the applicable requirements under subsection (6), whether the applicant is a fit

and proper person to provide the service authorized under the licence and is capable

of providing that service, and

(

b) if the registrar considers that the applicant is not a fit and proper person

to provide the service authorized under the licence or is not capable of providing

that service, the registrar may refuse to renew the licence.

(8) If the registrar considers a matter under subsection (7) (a), the licence that

is the subject of the application under subsection (3) does not expire until the earlier

(

a) the expiry of the prescribed number of days after the date that the licence would

otherwise have expired under subsection (1), and

(b) 7 days after the date on which the registrar concludes the registrar's consideration.

(9) If the registrar renews a licence under this section, the registrar must provide

the following to the applicant, as applicable:

(

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

(

b) one inter-city bus identifier for each of the motor vehicles in respect of which

the licence is renewed;

(

c) one inter-city bus identification certificate for each of those motor vehicles,

indicating

(

i) the number of the inter-city bus identifier provided for each motor vehicle,

and

(ii) the number of the licence in relation to which that inter-city bus identifier

is provided.

that applied to the licence before its renewal unless the applicable administrator

conditions on the renewed licence.

Division 6 – Fitness of Licensees

Continuing requirement to be fit, proper and capable

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

(

a) if the registrar thinks it necessary or desirable, the registrar may at any time,

on the registrar's own initiative, consider whether a licensee is a fit and proper

person to provide the service and is capable of providing the service, and

(

b) if the commissioner thinks it necessary or desirable, the commissioner may at

any time, on the commissioner's own initiative, consider whether a licensee who holds

a passenger directed vehicle licence 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 is not a fit and proper person to provide the

service or is not capable of providing that service, the registrar may, despite

section 46 (2) [penalties relating to licences] , 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 commissioner

is of the opinion that the licensee is not a fit and proper person to provide the

service or is not capable of providing the service, the commissioner may, despite

section 46 (2), 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 those 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), (3) and (4) [suspension or cancellation of licence] applies.

Division 7 – General

Applications to registrar or commissioner

37 An application under this Part must

(

a) be made in the form and manner and include the information required by the person

to whom the application is required to be made, and

(

b) be accompanied by the prescribed application fee.

Government retains interest in issued records

38 Each licence, inter-city bus identifier and inter-city bus identification certificate

is and remains the property of the government.

SECTION 17: [Passenger Transportation Act, sections 42.1 and 42.2]

prohibits a person from driving a passenger directed vehicle if the person has

not undergone the specified record checks or has a record that includes a specified

matter;

imposes a duty on persons who hold passenger directed vehicle licences to ensure

that all drivers who are or may be operating motor vehicles under the licence comply

with subsections (2) to (4) of the section;

imposes a duty on persons who hold passenger directed vehicle licences to charge

rates established under

section 16, as added by this Bill to the Act.

17 The following sections are added to

Part 5:

Specified record checks required for drivers of passenger directed vehicles

42.1

(1) In this

section and

section 58.1 [minister's power to specify requirements respecting passenger directed vehicle licences] :

"specified matters" means

(

a) matters prescribed under

section 59 (2) (h.3) [power to make regulations] , or

(

b) if no matters are prescribed under

section 59 (2) (h.3), matters specified by

the minister under

section 58.1 (1) (f);

"specified record check requirements" means

(

a) requirements prescribed under

section 59 (2) (h.2), or

(

b) if no requirements are prescribed under

section 59 (2) (h.2), requirements specified

by the minister under

section 58.1 (1) (e);

"specified record checks" means

(

a) record checks prescribed under

section 59 (2) (h.1), or

(

b) if no record checks are prescribed under

section 59 (2) (h.1), record checks

specified by the minister under

section 58.1 (1) (d);

(2) A person must not drive a passenger directed vehicle under a passenger directed

vehicle licence unless

(

a) the person has undergone the specified record checks in accordance with the specified

record check requirements, and

(

b) the licensee has obtained a copy of the specified record checks.

(3) A person who has undergone a specified record check under subsection (2) (

a) must not drive a passenger directed vehicle under a passenger directed vehicle licence

if either of the following applies:

(

a) the results of the specified record check indicate that the person has a record

that includes a specified matter;

(

b) the specified record check does not indicate that the person has a record that

includes a specified matter but, before undergoing the next specified record check,

the person acquires a record that includes a specified matter.

(4) If a driver of a motor vehicle under a passenger directed vehicle licence acquires

a record that includes a specified matter, the driver must, as soon as practicable,

notify the licensee of the record.

(5) A licensee must immediately notify the registrar if

(

a) the results of a specified record check indicate that a person has a record that

includes a specified matter, or

(

b) the licensee receives notice under subsection (4).

(6) A licensee who holds a passenger directed vehicle licence must ensure that all

drivers who are or may be operating passenger directed vehicles under the licence

comply with subsections (2), (3) and (4).

(7) A licensee who holds a passenger directed vehicle licence must maintain records,

for the calendar year in which the records were obtained or made and for the next

4 calendar years, of each of the following:

(

a) a specified record check obtained under subsection (2) (b);

(

b) a notice received under subsection (4).

Rates that must be charged under passenger directed vehicle licences

42.2 A person who holds a passenger directed vehicle licence must

(

a) charge the rates established under

section 16 (1) or (2) [establishment of rates for passenger directed vehicles] , as applicable, and

(

b) ensure that other persons who operate motor vehicles under the licence charge

the rates referred to in paragraph (

a) of this section.

SECTION 18: [Passenger Transportation Act,

section 43] amends the

section to authorize evidence of authority to operate a motor vehicle under a passenger directed vehicle licence to be carried in the motor vehicle instead of a copy of the licence.

Section 43 is repealed and the following substituted:

What must be carried in motor vehicle

(1) When a motor vehicle is being operated under a licence as a passenger directed

vehicle, one of the following must be carried in the motor vehicle:

(

a) a copy of the licence;

(

b) evidence of authority to operate the motor vehicle under the licence.

(2) When a motor vehicle is being operated under a licence as a general passenger

vehicle, a copy of the licence must be carried in the motor vehicle.

(3) When a motor vehicle is being operated under a licence as an inter-city bus,

(

a) a copy of the licence, and the inter-city bus identification certificate applicable

to the motor vehicle, must be carried in that motor vehicle, and

(

b) no other inter-city bus identification certificate may be carried in the motor

vehicle.

SECTION 19: [Passenger Transportation Act,

section 44] amends requirements respecting the display of vehicle identifiers for passenger directed vehicles, consequential to the repeal and replacement by this Bill of

Part 4 of the Act.

Section 44 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) If a licence includes an authorization to operate a motor vehicle as a passenger

directed vehicle, the licensee must

(

a) display, or ensure that the operator of the motor vehicle displays, in the manner

required by the licence, the passenger directed vehicle identifier required for that

motor vehicle, and

(

b) ensure that no other passenger directed vehicle identifier is displayed in or

on that motor vehicle.

(1.1) If a licence includes an authorization to operate a motor vehicle as a general

passenger vehicle, the licensee must

(

a) display, in the manner set out in the regulations, the general authorization

vehicle identifier assigned in respect of the motor vehicle, and

(

b) ensure that no other general authorization vehicle identifier is displayed in

or on the motor vehicle.

(1.2) If a licence includes an authorization to operate a motor vehicle as an inter-city

bus, the licensee must

(

a) display, in the manner set out in the regulations, the inter-city bus identifier

issued to the licensee for the motor vehicle, and

(

b) ensure that no other inter-city bus identifier is displayed on the motor vehicle. ,

(

b) in subsections (2) and (4) by striking out " a special authorization vehicle identifier " and substituting " a passenger directed vehicle identifier or an inter-city bus identifier ", and

(

c) in subsection (3) by striking out " a special authorization vehicle identifier " and substituting " a passenger directed vehicle identifier or an inter-city bus identifier " and by striking out " the special authorization vehicle identifier " and substituting " the passenger directed vehicle identifier or inter-city bus identifier ".

SECTION 20: [Passenger Transportation Act,

section 45] adds new obligations for licensees who cease to provide transportation network services and amends obligations for licensees who cease to operate passenger directed vehicles, consequential to the repeal and replacement by this Bill of

Part 4 of the Act.

Section 45 is repealed and the following substituted:

Duty of licensee when ceasing operation of commercial passenger vehicle

(1) A licensee who voluntarily ceases to operate a motor vehicle as a passenger directed

vehicle, or to provide transportation network services in relation to a motor vehicle

operated as a passenger directed vehicle, must do each of the following:

(

a) promptly report that cessation to the registrar;

(

b) cease displaying, or ensure that the person who operated the motor vehicle ceases

displaying, in or on the motor vehicle, the passenger directed vehicle identifier

required in respect of that motor vehicle;

(

c) collect the passenger directed vehicle identifier required in respect of the

motor vehicle or notify the registrar if the licensee fails to collect that identifier.

(2) A licensee who voluntarily ceases to operate a motor vehicle as a general passenger

vehicle or as an inter-city bus must promptly report that cessation to the registrar

and do one or both of the following, as applicable:

(

a) cease displaying, in or on the motor vehicle, the general authorization vehicle

identifier assigned in respect of that motor vehicle;

(

b) return, in the prescribed manner, the inter-city bus identifier and inter-city

bus identification certificate applicable to the motor vehicle.

SECTION 21: [Passenger Transportation Act,

section 46] amends the orders that the registrar can make regarding vehicle identifiers and prohibits the registrar from taking certain actions under the

section without the approval of the commissioner, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act.

Section 46 is amended

(

a) in subsection (1) by striking out " Subject to subsection (2), " and substituting " Subject to subsections (2) and (8), ",

(

b) by repealing subsection (1) (

c) and substituting the following:

(

c) order the licensee to stop operating, or to ensure that drivers stop operating,

one or more motor vehicles under a licence and, subject to subsection (1.1), to do

one or more of the following, as applicable:

(

i) cease displaying, or ensure that the drivers cease displaying, in or on the motor

vehicles, the passenger directed vehicle identifiers required in respect of those

motor vehicles;

(ii) collect the passenger directed vehicle identifiers required in respect of the

motor vehicles and notify the registrar if the licensee fails to collect all of those

identifiers;

(iii) cease displaying, in or on the motor vehicles, the general authorization vehicle

identifier assigned by the licence in respect of those motor vehicles;

(iv) return, in the prescribed manner, the inter-city bus identifiers and inter-city

bus identification certificates issued in relation to the motor vehicles; ,

(

c) in subsection (1.1) by striking out " subsection (1) (c) (

i) or (ii) " and substituting " subsection (1) (c) (i), (ii), (iii) or (iv) ", and

(

d) by adding the following subsection:

(8) The registrar must not, without the approval of the commissioner, propose, refrain

from imposing, impose or rescind a penalty under subsection (1) (

d) in relation to

a passenger directed vehicle licence.

SECTION 22: [Passenger Transportation Act,

section 47] authorizes the registrar to impose penalties, without notice, on a licensee who fails to meet a duty set out in

section 42.1 (5), (6) or (7), as added by this Bill to the Act.

Section 47 is amended

(

a) by repealing subsection (1) (

a) and (

b) and substituting the following:

(

a) one or more of the motor vehicles that have been operating under the licence

no longer meet specified requirements or prescribed requirements,

(

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

(b.1) the licensee has not met a duty set out in

section 42.1 (5), (6) or (7) [specified record checks required for drivers of passenger directed vehicles] , or,

(

b) in subsection (4) by striking out " one or both " and substituting " one or more ", and

(

c) by repealing subsection (4) (

a) and (

b) and substituting the following:

(

a) cease displaying, or ensure that the drivers of the motor vehicle cease displaying,

in or on the motor vehicles to which the order applies, the passenger directed vehicle

identifiers required in respect of those motor vehicles;

(

b) collect the passenger directed vehicle identifiers required in respect of the

motor vehicles to which the order applies and notify the registrar if the licensee

fails to collect all of those identifiers;

(

c) cease displaying, in or on the motor vehicles to which the order applies, the

general authorization vehicle identifier that was assigned under the applicable licence;

(

d) remove from the motor vehicles to which the order applies the inter-city bus

identifiers and inter-city bus identification certificates that were issued under

the applicable licence and return those identifiers and certificates in the prescribed

manner.

SECTION 23: [Passenger Transportation Act, sections 49 to 53 and 55] replaces references to the board with references to the commissioner, consequential to the repeal and replacement by this Bill of

Part 3 of the Act.

23 Sections 49 to 53 and 55 are amended by striking out " board " wherever it appears and substituting " commissioner ".

SECTION 24: [Passenger Transportation Act,

section 50] replaces a reference to the board's chair or delegate with a reference to the commissioner, consequential to the repeal and replacement by this Bill of

Part 3 of the Act.

Section 50 (5) is amended by striking out " the board's chair or delegate " and substituting " the commissioner ".

SECTION 25: [Passenger Transportation Act,

section 51] replaces a reference to the board's decision with a reference to the commissioner's decision and replaces a reference to identifiers with a reference to inter-city bus identifiers, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act

Section 51 is amended

(

a) in subsection (4) by striking out " the board's decision " and substituting " the commissioner's decision ", and

(

b) in subsection (5) by striking out " the identifiers that were surrendered under

section 47 (4). " and substituting " the inter-city bus identifiers that were returned under

section 47 (4) (c). "

SECTION 26: [Passenger Transportation Act,

section 54] amends cross-references, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act.

Section 54 is amended by striking out " Without limiting

section 40 but subject to sections 7 (1) (

d) and 50 (1), " and substituting " Without limiting

section 37 [applications to registrar or commissioner] but subject to sections 14 (2) (b) [audit and investigation powers] and 50 (1) [initiating appeals] , ".

SECTION 27: [Passenger Transportation Act,

section 56]

authorizes a peace officer to require a person to produce evidence of authority to operate a motor vehicle under a passenger directed vehicle licence, consequential to amendments made by this Bill to

section 43 of the Act;

amends references to vehicle identifiers, consequential to amendments made by this Bill to

Part 4 of the Act.

Section 56 (2) is amended

(

a) by striking out " any or all of '' and substituting " any or all of, as applicable, "

(

b) by repealing paragraph (

a) and substituting the following:

(

a) a copy of the licence under which the motor vehicle is operated or, if the motor

vehicle is operated under a passenger directed vehicle licence, evidence of authority

to operate under that licence, ,

(

c) in paragraph (

b) by striking out " the vehicle identification certificate " and substituting " the inter-city bus identification certificate " and by striking out " and ",

(

d) in paragraph (

c) by striking out " the identifier " and substituting " the inter-city bus identifier ", and

(

e) by adding the following paragraphs:

(

d) the passenger directed vehicle identifier required in respect of the motor vehicle,

and

(

e) the general authorization vehicle identifier assigned in respect of the motor

vehicle.

SECTION 28: [Passenger Transportation Act,

section 57]

amends subsection (2) (

a) to (

c) of the section, consequential to the repeal and

replacement by this Bill of

Part 4 of the Act;

creates new offences for

providing transportation network services without authorization under a valid passenger

directed vehicle licence,

contravening a specified requirement, if contravention of the specified requirement

is prescribed as an offence, and

contravening

section 42.1, as added by this Bill to the Act;

amends subsection (2) (c.1) of the section, consequential to the repeal and replacement by this Bill of

Part 4 and the amendments made by this Bill to

section 45 of the Act;

amends references and requirements in relation to vehicle identifiers and vehicle

identification certificates, consequential to the repeal and replacement by this Bill

Part 4 of the Act;

replaces references to the board with references to the commissioner, consequential

to the repeal and replacement by this Bill of

Part 3 of the Act;

removes references to permit holders and temporary operating permits, consequential

to the removal of temporary operating permits from the Act.

Section 57 is amended

(

a) by repealing subsection (2) (a), (

b) and (

c) and substituting the following:

(

a) operates a motor vehicle as

(

i) a passenger directed vehicle without authorization, under a valid licence, for

that operation, or

(ii) a general passenger vehicle or inter-city bus without authorization, under a

valid licence issued in respect of the motor vehicle, for that operation,

(a.1) provides transportation network services without authorization, under a valid

licence, to provide those services,

(a.2) contravenes a specified requirement referred to in paragraph (a) (i), (b) (

i) or (c) (

i) of the definition of "specified requirement" in

section 1 [definitions] , if contravention of the specified requirement is prescribed as an offence for the

purposes of this paragraph,

(

b) operates a motor vehicle as

(

i) a passenger directed vehicle without carrying in the motor vehicle

(

A) a copy of a valid passenger directed vehicle licence that authorizes that operation,

(

B) evidence of authority to operate that motor vehicle under a valid passenger directed

vehicle licence that authorizes that operation,

(ii) a general passenger vehicle without carrying in the motor vehicle a copy of

a valid licence, issued in respect of that motor vehicle, that authorizes that operation,

(iii) an inter-city bus without carrying in the motor vehicle a copy of a valid licence,

issued in respect of that motor vehicle, that authorizes that operation,

(

c) operates a motor vehicle as

(

i) a passenger directed vehicle without displaying in or on the motor vehicle, in

a valid passenger directed vehicle identifier,

(ii) a general passenger vehicle without displaying in or on the motor vehicle, in

accordance with the regulations, a valid general authorization vehicle identifier

assigned in relation to a valid licence that authorizes that operation, or

(iii) an inter-city bus without displaying on the motor vehicle, in accordance with

the regulations, a valid inter-city bus identifier issued in relation to a valid licence

that authorizes that operation, ,

(

b) in subsection (2) (c.1) by striking out " a general authorization vehicle identifier or special authorization vehicle identifier " and substituting " a passenger directed vehicle identifier, a general authorization vehicle identifier

or an inter-city bus identifier ",

(

c) by repealing subsection (2) (c.1) (

i) and substituting the following:

(

i) after the licence in relation to which the vehicle identifier was assigned or

required has been cancelled, suspended or transferred or is no longer valid, ,

(

d) in subsection (2) (c.1) (ii) by striking out " the licence in respect of which the general authorization vehicle identifier or special

authorization vehicle identifier was assigned " and substituting " the licence in respect of which the vehicle identifier was assigned or required ",

(

e) in subsection (2) (c.1) (iii) by striking out "

section 46 (1) (c) (

i) or (ii) " and substituting "

section 46 (1) (c) (i), (ii), (iii) or (iv) [penalties relating to licences] ",

(

f) by repealing subsection (2) (

d) and (

e) and substituting the following:

(

e) operates a motor vehicle as an inter-city bus without carrying in that motor

vehicle a valid inter-city bus identification certificate issued in relation to a

valid licence that authorizes that operation, ,

(

g) in subsection (2) (

f) by striking out " as a commercial passenger vehicle with more than one current vehicle identification

certificate " and substituting " as an inter-city bus with more than one valid inter-city bus identification certificate ",

(

h) in subsection (2) by adding the following paragraph:

(f.1) contravenes

section 42.1 (2) (

a) or (b), (3) (

a) or (b), (4), (5) (

a) or (

b) or (6) [specified record checks required for drivers of passenger directed vehicles] , ,

(

i) in subsection (2) (

g) by striking out " as a type of commercial passenger vehicle " and substituting " as a class or type of commercial passenger vehicle ",

(

j) in subsection (2) (g) (

i) by striking out " the authorization necessary for that type of operation, " and substituting " the authorization necessary for that class or type of service or operation, ",

(

k) in subsection (2) (g) (ii) by striking out " that service " and substituting " that service or operation ",

(

l) in subsection (2) (g.1) by striking out " the registrar, " and substituting " the applicable administrator, ",

(

m) in subsection (2) (

h) by striking out " the board " and substituting " the commissioner ",

(

n) in subsection (2) (

j) by striking out " the investigation " and substituting " the audit or investigation ", and

(

o) in subsection (3) by striking out " subsection (2) (a) " and substituting " subsection (2) (

a) or (a.1) ", by striking out " subsection (2) (b), " and substituting " subsection (2) (a.2), (b), " and by striking out " (f), (g), " and substituting " (f), (f.1), (g), ".

SECTION 29: [Passenger Transportation Act,

section 58]

replaces a reference to the board with a reference to the commissioner, consequential

to the repeal and replacement by this Bill of

Part 3 of the Act;

removes references to permit holders, consequential to the removal by this Bill

of temporary operating permits from the Act.

Section 58 is amended

(

a) in subsection (1) by striking out " board " and substituting " commissioner ", and

(

b) in subsection (2) by striking out " and permit holders ".

SECTION 30: [Passenger Transportation Act,

section 58.1]

subject to regulations under

section 59 (2) (

j) to (

l) of the Act, as amended by this Bill, authorizes the minister to establish requirements, in relation to motor vehicles operated under a passenger directed vehicle licence, for the purposes of paragraphs (a) (ii), (b) (ii) and (c) (ii) of the definition of "specified requirement" in

section 1 of the Act;

subject to regulations made under

section 59 (2) (h.1) to (h.3), as added by this Bill to the Act, authorizes the minister to establish or identify requirements and matters, in relation to specified record checks, for the purposes of paragraph (

b) of the

definitions of "specified record checks", "specified record check requirements" and "specified matters" in

section 42.1.

provides that the minister may establish or identify certain driving-related requirements and matters only on recommendation of the minister responsible for the administration of

section 25 of the Motor Vehicle Act .

30 The following

section is added:

Minister's power to specify requirements respecting passenger directed vehicle licences

58.1

(1) The minister may, by order, do any of the following:

(

a) for the purposes of paragraph (a) (ii) of the definition of "specified requirement"

section 1 [definitions] , establish requirements that must be met by motor vehicles that are or may be operated

under a passenger directed vehicle licence, including, without limitation, establishing

requirements respecting

(ii) energy efficiency, and

(iii) motor vehicle age and body style;

(

b) for the purposes of paragraph (b) (ii) of the definition of "specified requirement"

section 1, establish requirements that must be met by a person who holds or is

applying for a passenger directed vehicle licence, including, without limitation,

establishing

(

i) requirements respecting information and data that the person must provide to

the registrar, and the form and manner in which the information and data must be provided,

(ii) requirements for the purposes of determining whether the person is

(

A) fit and proper to provide the services proposed or provided under a passenger

directed vehicle licence, and

(

B) capable of providing those services,

(iii) requirements that the person must ensure are met by other persons

(

A) who are or may be employed, retained or otherwise authorized by that person to

operate motor vehicles under the licence, or

(

B) to whom that person provides or proposes to provide transportation network services,

and

(iv) requirements respecting the maintenance of records by the person;

(

c) for the purposes of paragraph (c) (ii) of the definition of "specified requirement"

section 1, establish requirements respecting the operation of motor vehicles as

passenger directed vehicles or in relation to the persons who are or may be operating

those motor vehicles, including, without limitation, establishing

(

i) minimum age requirements for drivers,

(ii) driver licensing requirements, and

(iii) vehicle inspection requirements;

(

d) for the purposes of paragraph (

b) of the definition of "specified record checks"

section 42.1 (1) [specified record checks required for drivers of passenger directed vehicles] , identify any or all of the following as records that must be checked:

(

i) driving records;

(ii) criminal records;

(iii) other records the minister considers appropriate;

(

e) for the purposes of paragraph (

b) of the definition of "specified record check

requirements" in

section 42.1 (1), establish requirements for carrying out a specified

record check, including, without limitation, establishing

(

i) how often a specified record check must be carried out,

(ii) the form and manner in which a specified record check must be carried out, and

(iii) the databases or other information sources that must be checked;

(

f) for the purposes of paragraph (

b) of the definition of "specified matters" in

section 42.1 (1), identify matters that must not be included in a record of a person

who is or may be a driver, including, without limitation, identifying

(

i) convictions or charges for offences under specified federal or provincial enactments,

(ii) penalties or prohibitions imposed under specified federal or provincial enactments,

and

(iii) contraventions or alleged contraventions of specified federal or provincial

enactments.

(2) In making an order under subsection (1) the minister may

(

a) delegate a matter to a person,

(

b) confer a discretion on a person,

(

c) establish or identify geographic areas, classes of passenger directed vehicles,

classes of transportation network services or classes of applicants, licensees, drivers

or other persons, and

(

d) establish or identify different requirements for different geographic areas,

classes of passenger directed vehicles, classes of transportation network services

or classes of applicants, licensees, drivers or other persons.

(3) The minister may not, without the prior approval of the minister responsible

for the administration of

section 25 [application for licence] of the Motor Vehicle Act , establish or identify a requirement, record or matter under subsection (1) of this

section that relates to any of the following:

(

a) minimum age requirements for drivers;

(

b) driving experience or driving skills;

(

c) qualifications, fitness or ability to drive;

(

d) drivers' licences under the Motor Vehicle Act .

(4) If regulations under

section 59 (2) (g) [power to make regulations] are in force in relation to motor vehicles that are or may be operated as passenger

directed vehicles,

(

a) specified requirements established under subsection (1) (

a) of this

section cease

to have effect, and

(

b) the minister may not specify requirements under that subsection.

(5) If regulations under

section 59 (2) (k), (k.1), (k.2) or (k.3) are in force in

relation to persons who hold or are applying for a passenger directed vehicle licence,

(

a) specified requirements established under subsection (1) (

b) of this

section cease

to have effect, and

(

b) the minister may not specify requirements under that subsection.

(6) If regulations under

section 59 (2) (

l) are in force in relation to the operation

of motor vehicles as passenger directed vehicles or to persons who are or may be operating

those motor vehicles,

(

a) specified requirements established under subsection (1) (

c) of this

section cease

to have effect, and

(

b) the minister may not specify requirements under that subsection.

(7) If regulations under

section 59 (2) (h.1), (h.2) or (h.3) are in force,

(

a) specified record checks, specified record check requirements and specified matters

established or identified under subsection (1) (d), (

e) or (

f) of this

section cease

to have effect, and

(

b) the minister may not establish or identify specified record checks, specified

record check requirements or specified matters under that subsection.

SECTION 31: [Passenger Transportation Act,

section 59]

creates new regulation-making powers in respect of

the

definitions of "inter-city bus", "passenger-directed vehicle" and "transportation

network services", as added by this Bill to

section 1 of the Act,

technology to be used in motor vehicles,

the

definitions of "specified record checks", "specified record check requirements"

and "specified matters" in

section 42.1, as added by this Bill to the Act,

the maintenance of records by licensees, and

offences under

section 57 (2) (a.2), as added by this Bill to the Act;

removes references to temporary operating permits and permit holders, replaces

references to the board with references to the commissioner and amends references

to vehicle identifiers and vehicle identification certificates, consequential to the

repeal and replacement by this Bill of Parts 3 and 4 of the Act;

amends regulation-making powers in subsection (2) (

j) to (

l) of the

section to

provide the necessary authority to make regulations for the purposes of paragraphs (a) (i), (b) (

i) and (c) (

i) of the definition of "specified requirement", as added by this Bill to

section 1 of the Act.

Section 59 (2) is amended

(

a) by repealing paragraphs (a), (

b) and (

c) and substituting the following:

(

a) in respect of the definition of "inter-city bus" in

section 1 [definitions] ,

(

i) for the purposes of paragraph (

a) of the definition, excluding a commercial passenger

vehicle from being an inter-city bus within the meaning of that definition,

(ii) for the purposes of paragraph (a) (

i) of the definition, prescribing municipalities

or regional districts in British Columbia, and

(iii) for the purposes of paragraph (

b) of the definition, prescribing a commercial

passenger vehicle as being an inter-city bus within the meaning of that definition;

(

b) in respect of the definition of "passenger directed vehicle" in

section 1,

(

i) for the purposes of paragraph (

a) of the definition, excluding a commercial passenger

vehicle from being a passenger directed vehicle within the meaning of that definition,

(ii) for the purposes of paragraph (a) (ii) of the definition, prescribing the maximum

number of passengers that can be accommodated in a passenger directed vehicle, and

(iii) for the purposes of paragraph (

b) of the definition, prescribing a commercial

passenger vehicle as being a passenger directed vehicle within the meaning of that

definition;

(

c) in respect of the definition of "transportation network services" in

section 1,

(

i) for the purposes of paragraph (

a) of the definition, excluding services from

being transportation network services within the meaning of that definition, and

(ii) for the purposes of paragraph (

b) of the definition, prescribing services as

being transportation network services within the meaning of that definition; ,

(

b) in paragraph (

e) by striking out " or temporary operating permit " and by striking out " or permit holders ",

(

c) in paragraph (

f) by striking out " operated under the authority of any licence or temporary operating permit " and substituting " operated under a licence '',

(

d) by adding the following paragraph:

(f.1) respecting technology that must be used in motor vehicles operated under a

licence and the inspection, testing, adjustment and display of that technology; ,

(

e) by repealing paragraph (

g) and substituting the following:

(

g) respecting passenger directed vehicle identifiers, general authorization vehicle

identifiers and inter-city bus identifiers;

(

f) in paragraph (

h) by striking out " respecting the costs that may be recovered by the board under

section 7 (1.1); " and substituting " respecting the costs under

section 6 (4) (g) [commissioner] that may be recovered by the commissioner; ",

(

g) by adding the following paragraphs:

(h.1) for the purposes of paragraph (

a) of the definition of "specified record checks"

section 42.1 (1) [specified record checks required for drivers of passenger directed vehicles] , 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;

(h.2) for the purposes of paragraph (

a) of the definition of "specified record check

requirements" in

section 42.1 (1), respecting requirements for carrying out a specified

record check, including, without limitation, prescribing

(

i) how often a specified record check must be carried out,

(ii) the form and manner in which a specified record check must be carried out, and

(iii) the databases or other information sources that must be checked;

(h.3) for the purposes of paragraph (

a) of the definition of "specified matters"

section 42.1 (1), 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 specified federal or provincial enactments,

(ii) penalties or prohibitions imposed under specified federal or provincial enactments,

(iii) contraventions or alleged contraventions of specified federal or provincial

enactments; ,

(

h) in paragraph (

i) by striking out " the board; " and substituting " the commissioner; ",

(

i) by repealing paragraphs (

j) to (

l) and substituting the following:

(

j) respecting requirements that must be met by motor vehicles that are or may be

operated under a licence, including, without limitation, prescribing requirements

respecting

(ii) energy efficiency, and

(iii) motor vehicle age and body style;

(

k) respecting requirements that must be met by an applicant or a licensee, including,

without limitation, prescribing information and data that the applicant or licensee

must provide to the registrar and the form and manner in which the information and

data must be provided;

(k.1) respecting requirements for the purpose of determining whether an applicant

or licensee is

(

i) fit and proper to provide the services proposed or provided under a licence,

and

(ii) capable of providing those services;

(k.2) respecting requirements that an applicant or licensee must ensure are met by

persons

(

i) who are or may be employed, retained or otherwise authorized by the applicant

or licensee to operate commercial passenger vehicles under a licence, or

(ii) to whom the applicant or licensee provides or proposes to provide transportation

network services;

(k.3) respecting the maintenance of records by licensees;

(

l) respecting the operation of motor vehicles as commercial passenger vehicles and

respecting requirements in relation to persons who are or may be operating those motor

vehicles, including, without limitation, prescribing, in respect of passenger directed

vehicles,

(

i) minimum age requirements for drivers,

(ii) driver licensing requirements, and

(iii) vehicle inspection requirements; ,

(

j) by repealing paragraphs (m), (

n) and (

o) and substituting the following:

(

n) respecting fees;

(

o) respecting the manner in which passenger directed vehicle identifiers, general

authorization vehicle identifiers and inter-city bus identifiers must be displayed

in or on commercial passenger vehicles operated under a licence; ,

(

k) in paragraph (

p) by striking out " class of persons or commercial passenger vehicles " and substituting " class of persons or class or type of commercial passenger vehicles ",

(

l) by repealing paragraph (

r) and substituting the following:

(

r) respecting the manner in which

(

i) inter-city bus identifiers must be removed, and

(ii) inter-city bus identification certificates must be returned; ,

(

m) in paragraph (

t) by striking out "

section 34 (6.2) (a). " and substituting "

section 35 (8) (a) [expiry and renewal of licences] ; ", and

(

n) by adding the following paragraph:

(

u) respecting offences for the purposes of

section 57 (2) (a.2) [offence] , including, without limitation, prescribing offences for contravening a specified

requirement by doing one or more of the following:

(

i) failing to meet or comply with the specified requirement;

(ii) failing to ensure that a motor vehicle meets or complies with the specified

requirement;

(iii) failing to operate a motor vehicle in compliance with the specified requirement;

(iv) failing to ensure that a person who is or may be operating a motor vehicle meets

or complies with the specified requirement.

SECTION 32: [Passenger Transportation Act,

section 59] replaces references to the board with references to the commissioner, consequential to the repeal and replacement by this Bill of

Part 3 of the Act.

Section 59 (3) is amended by striking out " board " wherever it appears and substituting " commissioner ".

SECTION 33: [Passenger Transportation Act,

section 59]

provides that certain driving-related regulations under specified provisions in

subsection (2) of the

section may be made only on recommendation of the minister responsible

for the administration of

section 25 of the Motor Vehicle Act ;

creates a general regulation-making power in respect of matters for which regulations are contemplated by the Act.

Section 59 is amended by adding the following subsections:

(3.1) A regulation under subsection (2) (h.1), (h.2), (h.3), (k), (k.2) or (

l) that

applies to drivers of passenger directed vehicles and relates to any of the following

may be made only on the recommendation of the minister responsible for the administration

section 25 [application for licence] of the Motor Vehicle Act :

(

a) minimum age requirements for drivers;

(

b) requirements respecting driving experience or driving skills;

(

c) qualifications, fitness or ability to drive;

(

d) requirements respecting drivers' licences under the Motor Vehicle Act .

(3.2) Without limiting subsection (1) or (2), the Lieutenant Governor in Council

may make regulations respecting any matter for which regulations of the Lieutenant

Governor in Council are contemplated by this Act.

SECTION 34: [Passenger Transportation Act,

section 59] authorizes the Lieutenant Governor in Council, in making regulations under subsection (1), (2) or (3.2) of the section, to delegate matters or confer discretion, establish classes and make different regulations for different classes.

Section 59 (5) is repealed and the following substituted:

(5) In making a regulation under subsection (1), (2) or (3.2), 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 specify geographic areas, classes or types of motor vehicles, classes

or types of commercial passenger vehicles, classes of transportation network services

or classes of applicants, licensees, drivers or other persons;

(

d) make different regulations for different geographic areas, classes or types of

motor vehicles, classes or types of commercial passenger vehicles, classes of transportation

network services or classes of applicants, licensees, drivers or other persons.

Transitional Provisions

SECTION 35: [Passenger Transportation Act transition –

definitions and

interpretation] defines words and expressions for the purposes of the

section and the other Passenger Transportation Act transitional provisions that appear in this Bill.

Passenger Transportation Act transition –

definitions and

interpretation

(1) In this

section and sections 36 to 42 [partial exemption from

section 42.1 for holders of municipal chauffeur permits] :

"amended Act" means the Passenger Transportation Act , as amended by this Act;

"board" means the Passenger Transportation Board under the pre-existing Act;

"minister" means the minister responsible for the administration of the amended Act;

"pre-existing Act" means the Passenger Transportation Act , as it read immediately before the coming into force of this section;

"pre-existing licence" means a licence that, immediately before the coming into force of this section, was

a valid licence under the pre-existing Act;

"pre-existing vehicle identification certificate" means a vehicle identification certificate that, immediately before the coming into

force of this section, was a valid special authorization vehicle identification certificate

under the pre-existing Act;

"pre-existing vehicle identifier" means a vehicle identifier that, immediately before the coming into force of this

section, was a valid special authorization vehicle identifier under the pre-existing

Act;

"special authorization" has the same meaning as in the pre-existing Act.

(2) Unless the context otherwise requires, words and expressions used in sections 36

to 42 that are not defined in this

section have the same meaning as in the amended

Act.

SECTION 36: [Passenger Transportation Act transition – Passenger Transportation Board] dissolves the board and rescinds the appointment of board members.

Passenger Transportation Act transition – Passenger Transportation Board

(1) On the coming into force of this section,

(

a) the board is dissolved and disestablished, and

(

b) the appointment of each member of the board is rescinded.

(2) On and after the date this

section comes into force, a reference to the board

in any licence, permit, direction or order issued under the pre-existing Act is deemed

to be a reference to the registrar or commissioner, as applicable, under the amended

Act.

SECTION 37: [Passenger Transportation Act transition – applications and appeals] provides transition rules in relation to applications and appeals received but not yet determined under the pre-existing Act.

Passenger Transportation Act transition – applications and appeals

(1) If, on the date this

section comes into force, an application received by the

board under

Part 4 [Licences] of the pre-existing Act has not been considered by the board, the application must

be considered, in accordance with

Part 4 of the amended Act, by

(

a) the commissioner, if the application is in respect of a passenger directed vehicle

authorization, or

(

b) the registrar, if the application is in respect of an inter-city bus authorization.

(2) If, on the date this

section comes into force, an application received by the

board under

Part 4 of the pre-existing Act has been considered by the board but a

final determination has not been made in respect of the application, the final determination

in respect of that application must be made, in accordance with

Part 4 of the amended

Act, by

(

a) the commissioner, if the application is in respect of a passenger directed vehicle

authorization, or

(

b) the registrar, if the application is in respect of an inter-city bus authorization.

(3) If, on the date this

section comes into force, an application for or in relation

to a licence that includes a special authorization has been approved under

Part 4

of the pre-existing Act but the registrar has not determined whether the licence must

be issued, transferred, amended or renewed, as applicable, in response to the application,

the registrar must make the determination in accordance with the applicable provisions

Part 4 of the amended Act.

(4) If, on the date this

section comes into force, an appeal received by the board

under

section 50 [initiating appeals] of the pre-existing Act has not been considered by the board, the appeal must be

considered by the commissioner.

(5) If, on the date this

section comes into force, an appeal received by the board

under

section 50 of the pre-existing Act has been considered by the board but a final

determination has not been made in respect of the appeal, the final determination

in respect of that appeal must be made by the commissioner.

SECTION 38: [Passenger Transportation Act transition – no action for damages] provides that a person has no right of action and must not commence or maintain an action against the government for compensation or damages relating to a decrease in value associated with a licence that authorizes a motor vehicle to be operated as a passenger directed vehicle.

Passenger Transportation Act transition – no action for damages

(1) In this section, "licence" means a pre-existing licence that authorizes a person to operate one or more motor

vehicles as passenger directed vehicles.

(2) A person has no right of action and must not commence or maintain an action or

other proceeding against the government for compensation or damages relating, directly

or indirectly, to a decrease in value associated with a licence as a result of the

amendments made by this Act.

SECTION 39: [Passenger Transportation Act transition – refund of fees] authorizes the minister to refund fees paid under the pre-existing Act in relation to vehicle identifiers and vehicle identification certificates for passenger directed vehicles.

Passenger Transportation Act transition – refund of fees

(1) In this section, "fee" means a fee under

section 24 (1) (a) (ii) [fees payable to the registrar] of the Passenger Transportation Regulation, as it read before the coming into force

of this section.

(2) The minister may refund a fee, or a portion of a fee, if

(

a) the fee or portion of the fee was paid within one year before the date this

section

comes into force,

(

b) the fee or portion of the fee was paid in respect of a pre-existing vehicle identifier

or pre-existing vehicle identification certificate for a passenger directed vehicle,

and

(

c) the person to whom the refund is to be paid complies with any terms or conditions

the minister may require.

(3) Despite

section 21 (3) of the Financial Administration Act , if the minister pays a refund under subsection (2), the minister may pay the refund

from the consolidated revenue fund.

(4) This

section is repealed on the date that is 2 years after the date this

section

comes into force.

SECTION 40: [Passenger Transportation Act transition – passenger directed vehicles] provides transition rules in relation to pre-existing licences that include an authorization to operate one more motor vehicles as passenger directed vehicles.

Passenger Transportation Act transition – passenger directed vehicles

(1) A pre-existing licence that includes a special authorization to operate one or

more motor vehicles as passenger directed vehicles is deemed to include a passenger

directed vehicle authorization in respect of that operation and those motor vehicles.

(2) If, immediately before the date on which this

section comes into force, the holder

of a pre-existing licence to which subsection (1) applies has been providing services

that fall within the definition of "transportation network services" in

section 1 [definitions] of the amended Act, the pre-existing licence is deemed to authorize the provision

of those services.

(3) An application under

Part 4 of the pre-existing Act for or in relation to a licence

that includes a special authorization to operate one or more motor vehicles as passenger

directed vehicles is deemed to be an application for or in relation to a licence that

includes a passenger directed vehicle authorization.

(4) For certainty, a licence to which this

section applies is subject to

(

a) the amended Act and the regulations under that Act,

(

c) any amendments made to the licence under

section 33 [amendment of licences] of the amended Act.

(5) A pre-existing vehicle identifier or pre-existing vehicle identification certificate

for a motor vehicle that is authorized under a pre-existing licence to be operated

as a passenger directed vehicle

(

a) is no longer valid,

(

b) must not be displayed or carried in or on the motor vehicle,

(

c) must be returned, by personal delivery or registered mail, within 30 days after

the coming into force of this section, and

(

d) remains the property of the government under

section 42 [government retains interest in issued records] of the pre-existing Act.

SECTION 41: [Passenger Transportation Act transition – inter-city buses] provides transition rules in relation to pre-existing licences that include an authorization to operate one or more motor vehicles as inter-city buses.

Passenger Transportation Act transition – inter-city buses

(1) A pre-existing licence that includes a special authorization to operate one or

more motor vehicles as inter-city buses is deemed to include an inter-city bus authorization

in respect of that operation and those motor vehicles.

(2) A pre-existing vehicle identifier for a motor vehicle that is authorized under

a pre-existing licence to be operated as an inter-city bus is deemed to be an inter-city

bus identifier in respect of the motor vehicle.

(3) A pre-existing vehicle identification certificate for a motor vehicle that is

authorized under a pre-existing licence to be operated as an inter-city bus is deemed

to be an inter-city bus vehicle identification certificate in respect of the motor

vehicle.

(4) An application under

Part 4 of the pre-existing Act for or in relation to a licence

that includes a special authorization to operate one or more motor vehicles as inter-city

buses is deemed to be an application for or in relation to a licence that includes

an inter-city bus authorization.

(5) For certainty, a licence to which this

section applies is subject to

(

a) the amended Act and the regulations under that Act,

(

c) any amendments made to the licence under

section 33 [amendment of licences] of the amended Act.

SECTION 42: [Passenger Transportation Act transition – partial exemption from

section 42.1 for holders of municipal chauffeur permits] provides that persons who hold municipal chauffeur permits are not required to comply with

section 42.1 (2) and (3) of the Passenger Transportation Act , as added by this Bill to that Act, until the earlier of the expiry date of the municipal chauffeur permit and the date that is one year after the date the

section comes into force.

Passenger Transportation Act transition – partial exemption from

section 42.1 for holders of municipal chauffeur

permits

(1) In this section, "municipal chauffeur permit" means a permit that, immediately before the coming into force of this section, was

a valid permit issued under a bylaw under

section 36 (11) [municipal chauffeur permits] of the Motor Vehicle Act .

(2) This

section applies to a person who operates a passenger directed vehicle under

a pre-existing licence and holds a municipal chauffeur permit in relation to that

operation.

(3) In respect of a person to whom this

section applies, the person is not required

to comply with

section 42.1 (2) and (3) [specified record checks required for drivers of passenger directed vehicles] of the amended Act until the earlier of

(

a) the expiry date of the municipal chauffeur permit held by that person, and

(

b) the date that is one year after the date this

section comes into force.

(4) A person to whom this

section applies

(

a) must not drive a passenger directed vehicle if the person acquires a record that

includes a specified matter, and

(

b) must, for certainty, comply with

section 42.1 (4) of the amended Act.

Part 2 – Community, Sport and Cultural Development Amendments

Community Charter

SECTION 43: [Community Charter, Division 5.1 of

Part 3] adds a Division to the Part that restricts a council's powers to regulate under specified provisions of that

Part in relation to passenger directed vehicles or transportation network services.

43 The Community Charter, S.B.C. 2003, c. 26 is amended by adding the following Division

Part 3:

Division 5.1 – Restrictions in Relation to Passenger Transportation Act

Definitions

46.1 In this Division:

"passenger directed vehicle" has the same meaning as in

section 1 [definitions] of the Passenger Transportation Act ;

"transportation network services" has the same meaning as in

section 1 of the Passenger Transportation Act .

Restrictions on authority to regulate in relation to passenger directed vehicles

46.2 Except to the extent provided by the regulations, if any, a council must not, by bylaw

under one or both of the following provisions of this Act, regulate in relation to

passenger directed vehicles or transportation network services:

(a)

section 8 (6) [fundamental powers] ;

(

b) section 15 [licensing and standards authority] .

Lieutenant Governor in Council power to make regulations

46.3 The Lieutenant Governor in Council may make regulations specifying the extent to which

a council's authority is not restricted under

section 46.2 (

a) or (b).

Local Government Act

SECTION 44: [Local Government Act,

section 637] clarifies that a council may not regulate under the

section to the extent the council's authority is restricted under Division 3.1 of

Part 16, as added by this Bill to the Act.

Section 637 (1) of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed and

the following substituted:

(1) A council may, by bylaw, regulate carriers of persons or things to the extent

to which

(

a) a council's authority is not restricted under Division 3.1 [Restrictions In Relation To Passenger Transportation Act ] , and

(

b) carriers are not subject to regulation or order under another Act.

SECTION 45: [Local Government Act, Division 3.1 of

Part 16] adds a Division to the Part that restricts a council's powers to regulate under specified provisions of the Act in relation to passenger directed vehicles or transportation network services.

45 The following Division is added to

Part 16:

Division 3.1 – Restrictions in Relation to Passenger Transportation Act

Definitions

637.1 In this Division:

"passenger directed vehicle" has the same meaning as in

section 1 [definitions] of the Passenger Transportation Act ;

"transportation network services" has the same meaning as in

section 1 of the Passenger Transportation Act .

Restrictions on authority to regulate

637.2

(1) Except to the extent provided by the regulations, if any, Division 2 [Licensing of Commercial Vehicles] does not apply in relation to passenger directed vehicles or transportation network

services.

(2) Except to the extent provided by the regulations, if any, a council must not,

by bylaw under Division 3 [Regulation of Carriers] , regulate in relation to passenger directed vehicles or transportation network services.

Lieutenant Governor in Council power to make regulations

637.3 The Lieutenant Governor in Council may make regulations specifying the extent to which

a council's authority is not restricted under

section 637.2 (1) or (2).

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