TRAFFIC SAFETY 1 B I L L No. 125

An Act to amend The Traffic Safety Act and to make a consequential amendment to The Freedom of Information and Protection of Privacy Act (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Traffic Safety Amendment Act, 2013 (No. 2) . S.S. 2004, c.T-18.1 amended 2 The Traffic Safety Act is amended in the manner set forth in this Act.

Section 2 amended 3(1) Subsection 2(1) is amended: (

a) by adding the following clause after clause (c): “(c.1) ‘business day’ means a day other than a Saturday, Sunday or holiday”; (

b) by repealing clause (h.1) and substituting the following: “(h.1) ‘farm implement’ means, subject to subsection (3) and the regulations, a self-propelled or towed implement or tool designed to be used in an agricultural, horticultural or livestock operation but does not include: (

i) a vehicle designed for the conveyance on a highway of passengers; (ii) a vehicle designed for the conveyance on a highway of goods for sale, except when that vehicle is conveying goods that are owned by the owner or operator of the farm implement and that are being conveyed to or from a farm; or (iii) a prescribed vehicle or class of vehicles ”; (

c) by adding the following clause after clause (i): “(i.1) ‘golf cart’ means a prescribed vehicle”; (

d) by repealing clause (

j) and substituting the following: “(j) ‘gross vehicle weight’ means: (

i) the combined weight of a vehicle and the load carried on that vehicle; or (ii) the combined weight of two or more vehicles coupled or joined together and the combined weight of the loads carried on each of those vehicles”;

TRAFFIC SAFETY 2 (

e) by repealing clause (

q) and substituting the following: “(q) ‘motorcycle’ means a prescribed vehicle”; (

f) by adding the following clause after clause (aa): “(aa.1) ‘power-assisted bicycle’ means a prescribed vehicle”; (

g) by repealing clause (ll) and substituting the following: “(ll) ‘safety fitness certificate’ means a safety fitness certificate issued pursuant to

section 100”; (

h) by repealing subclause (mm)(

i) and substituting the following: “(

i) a farm implement ”; (

i) by repealing clause (oo) and substituting the following: “(oo) ‘special mobile machine’ means a prescribed vehicle”; (

j) by repealing subclause (zz)(ii) and substituting the following: “(ii) a farm implement ”; and (

k) in clause (ccc) by striking out “ equipment ” and substituting “implements”.

(2) The following subsection is added after subsection 2(2): “

(3) A self-propelled or towed implement or tool described in clause (1)(h.1) is deemed not to be a farm implement when it is used for a business or commercial purpose other than in an agricultural, horticultural or livestock operation ”.

Section 29 amended 4(1) Subsection 29(1) is amended: (

a) by adding the following clause after clause (h): “(h.1)

section 101.1 ”; and (

b) by repealing clauses (

m) and (

n) and substituting the following: “(

m) sections 146, 146.1, 146.2, 148, 150, 150.1 and 150.3 ”.

(2) The following subsection is added after subsection 29(1): “

(1.1) Without limiting the generality of the other provisions of this Act, the board may hear and determine appeals concerning the matters set out in

section 152”.

Section 32 amended 5(1) Clause 32(2)(

f) is repealed and the following substituted: “(

f) the driver of a vehicle or class of vehicles that is exempted in the regulations from the requirement to be registered with the administrator to operate on a highway”. (2) Subsection 32(3) is repealed.

TRAFFIC SAFETY 3 New

section 32.1 6 The following

section is added after

section 32: “Prohibition on learner driving while unaccompanied 32.1(1) In this section, ‘learner’s licence’ means a learner’s licence as defined in the regulations.

(2) No holder of a learner’s licence shall drive a motor vehicle on a highway unless that person is accompanied and supervised by another person who meets the prescribed qualifications”.

Section 57 amended 7(1) Subsection 57(2) is amended: (

a) by repealing clause (

d) and substituting the following: “(

d) to the driver of a vehicle or class of vehicles that is exempted in the regulations from the requirement to obtain a certificate of registration to operate on a highway”; and (

b) in clause (

e) by striking out “ or certificate of registration ”. (2) Subsection 57(4) is repealed. (3) Subsection 57(5) is repealed and the following substituted: “

(5) The exceptions mentioned in clause (2)(

b) do not apply to a vehicle operated by a person mentioned in that clause that: (

a) is transporting goods for hire; or (

b) is used for commercial or public service purposes or in connection with the carrying on of a farming operation ”.

Section 75 amended 8 Subsection 75(1) is amended: (

a) by striking out “ or” after clause (r); and (

b) by adding the following after clause (s): “(

t) the holder or applicant has had his or her operating authority certificate cancelled by the board pursuant to

section 82 or 83; “(

u) the holder or applicant has had his or her safety fitness certificate cancelled by the administrator pursuant to

section 101; “(

v) the holder or applicant has failed to comply with any direction imposed on the holder or applicant by the administrator pursuant to

section 102.1; or “(

w) the holder or applicant has failed to pay the penalty assessed against the holder or applicant by the administrator pursuant to subsection 102.1(2) or 102.2(1)”.

TRAFFIC SAFETY 4

Section 95 amended 9

Section 95 is amended: (

a) in clause (

a) by striking out “ or a safety fitness certificate ”; (

b) by repealing clause (

b) and substituting the following: “(

b) respecting the extent of authority granted by an operating authority certificate and its terms and conditions, including respecting the insurance policies or bonds and certificates of insurance required for an operating authority certificate”; (

c) in clause (

c) by striking out “ or safety fitness certificate ”; and (

d) in clause (

i) by striking out “ or safety fitness certificates ”. New Division 3 of

Part VII 10 Division 3 of

Part VII is repealed and the following substituted: “DIVISION 3 National Safety Code Certificates “Interpretation of Division 96(1) In this Division and in

section 287: (a) ‘carrier’ means a carrier as defined in the regulations; (b) ‘commercial record’ means any record required to be made or kept pursuant to any of the following: (

i) this Act or any regulations made pursuant to this Act; (ii) The Highways and Transportation Act, 1997 or any regulations made pursuant to that Act; (iii) The Dangerous Goods Transportation Act or any regulations made pursuant to that Act; (iv) the Motor Vehicle Transport Act (Canada) or any regulations made pursuant to that Act; (

v) the Motor Vehicle Safety Act (Canada) or any regulations made pursuant to that Act; (vi) the Transportation of Dangerous Goods Act, 1992 (Canada) or any regulations made pursuant to that Act; (vii) any prescribed Act, regulations, Act of the Parliament of Canada or regulations made pursuant to

an Act of the Parliament of Canada; (c) ‘commercial vehicle’ means a prescribed vehicle; (d) ‘driver’ means the operator of a commercial vehicle; (e) ‘provincial authority’ means a provincial authority as defined in the Motor Vehicle Transport Act (Canada).

TRAFFIC SAFETY 5

(2) In this Division, a carrier is deemed to be a ‘related carrier’ to an applicant pursuant to

section 100 if: (

a) the applicant and the carrier are not conducting business at arm’s length from each other; (

b) the applicant is directly or indirectly controlled or managed by the carrier; (c) 50% or more of the drivers of the applicant are drivers for the carrier; (d) 50% or more of the commercial vehicles listed under the applicant’s safety fitness certificate were, in the preceding 12 months, listed with the carrier; (

e) the applicant and the carrier have common officers or directors or they are or have been, in the preceding 12 months, controlled, directly or indirectly, by the same shareholders; (

f) the applicant or the carrier: (

i) is a partner of the other; or (ii) within the preceding 12 months, was a partner of the other; or (

g) the applicant and carrier: (

i) have partners in common; or (ii) within the preceding 12 months, had partners in common. “Administrator may compile profiles of carriers and drivers 97(1) In this section, ‘at-fault motor vehicle accident’ means a motor vehicle accident with respect to which a carrier, a related carrier, a driver of the carrier or a driver of a related carrier is at least 50% at fault.

(2) For the purposes of monitoring the safety and fitness compliance of carriers and drivers of commercial vehicles, the administrator may compile information and maintain profiles on carriers and individual drivers with respect to: (

a) any at-fault motor vehicle accidents associated with a carrier, a related carrier, a driver of the carrier or a driver of a related carrier; and (

b) their compliance with: (

i) this Act or the regulations or a predecessor Act or regulations made pursuant to a predecessor Act; (ii) The Alcohol and Gaming Regulation Act, 1997 ; (iii) The Animal Products Act; (iv) the Criminal Code; (

v) The Dangerous Goods Transportation Act ; (vi) the Transportation of Dangerous Goods Act, 1992 (Canada); (vii) The Highways and Transportation Act, 1997 ; (viii) the Motor Vehicle Transport Act (Canada);

TRAFFIC SAFETY 6 (ix) any regulations made pursuant to any of the Acts mentioned in subclauses (ii) to (viii); or (

x) any similar enactment of another province of Canada or of a state of the United States of America or Mexico respecting commercial vehicles or road safety.

(3) The administrator may release any information compiled pursuant to subsection (2) to: (

a) the board for the purpose of conducting a hearing pursuant to

section 101.1; (

b) the driver to whom the profile relates; (

c) the carrier to whom the profile relates; or (

d) any provincial authority or agency of another province of Canada, or an agency of a state of the United States of America or Mexico, that is responsible for registering motor vehicles, maintaining road safety or monitoring the safety and fitness compliance of carriers.

(4) The following information respecting a carrier is public information and may be published by the administrator or provided to the public on request: (

a) the carrier’s legal and operating name and address; (

b) the carrier’s safety fitness certificate number and, if applicable, the carrier’s United States Department of Transport number and IRP registration number; (

c) whether the carrier operates inside Saskatchewan or outside Saskatchewan, either in another jurisdiction in Canada or in the United States of America or Mexico; (

d) the carrier’s current and average fleet size and business type; (

e) the status of the carrier’s safety fitness certificate, including the date of issue, the date of expiry, the safety fitness rating of the carrier and the date that the safety fitness rating was provided by the administrator; (

f) whether the carrier holds a vehicle inspection station certificate issued pursuant to subsection 121(2); (

g) whether the carrier hauls dangerous goods; (

h) the date the carrier was last inspected by the administrator pursuant to

Part VIII; (

i) whether the carrier is complying with the insurance obligations pursuant to

section 103; (

j) the number of convictions by category or type registered against the carrier or the carrier’s drivers; (

k) the number of inspections carried out for prescribed purposes and the results of each of those inspections;

TRAFFIC SAFETY 7 (

l) the number of at-fault motor vehicle accidents registered against a carrier, a related carrier, a driver of the carrier or a driver of a related carrier and provided to the administrator by any of the following: (

i) the carrier; (ii) the administrator of The Automobile Accident Insurance Act ; (iii) a provincial authority; (i