Professional Documents
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BILL 55 – 2018
PASSENGER TRANSPORTATION
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:
(e) 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;",
2 Section 5 is amended
(a) in subsection (1) by striking out "an investigation" and substituting "an audit
or investigation",
(b) by repealing subsection (2) and substituting the following:
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(2) Without limiting section 2 (3) [registrar and staff], the registrar, or a person
authorized by the registrar under section 4 [powers, functions and duties of the
registrar] or otherwise, may conduct an audit or investigation that the registrar
considers necessary to ensure compliance with this Act and the regulations,
including, without limitation, an audit or investigation for any of the following
purposes:
(a) determining whether an applicant, licensee, permit holder or driver
(i) holds a valid safety certificate, if required under Division 37
[Safety Code] of the Motor Vehicle Act Regulations, and
(ii) is otherwise in compliance with this Act;
(b) in respect of a person who is or may be driving a passenger
directed vehicle under a licence or temporary operating permit that is
or may be issued, determining whether
(i) the person has undergone the prescribed record checks in
accordance with section 42.2 (1) (a) [prescribed record checks
required for drivers of passenger directed vehicles],
(ii) the person has a record that includes a prescribed matter,
contrary to section 42.2 (2),
(iii) the licensee has ensured that the person complies with
section 42.2 (1), (2) and (4),
(iv) the person has a record check certificate and is displaying the
certificate as required under section 42.3 (a) [record check
certificate must be displayed in passenger directed vehicle], or
(v) the licensee has issued a record check certificate to the
person and has ensured that the person displays the certificate as
required under section 42.3 (a);
(c) in respect of a motor vehicle that is or may be operated under a
licence or temporary operating permit that is or may be issued,
determining whether
(i) the motor vehicle meets prescribed requirements,
(ii) proof of financial responsibility has been given to the
Insurance Corporation of British Columbia under section 106
[proof of financial responsibility] of the Motor Vehicle Act, or
(iii) the applicable motor vehicle liability policies have been
issued;
(d) determining whether a licence or temporary operating permit
should be issued, amended, transferred, renewed or replaced;
(e) determining whether a penalty should be imposed under Part 6
[Enforcement];
(f) determining whether an order under Part 6 has previously been
made in respect of an applicant, licensee or permit holder;
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(d) in subsections (4) (a), (5) and (7) by striking out "the investigation" and
substituting "the audit or investigation".
(a) in paragraph (a) by striking out "any investigations" and substituting "any
audits or investigations",
(b) in paragraph (b) by adding the following subparagraph:
(i.1) any matter related to the provision of transportation network
services, , and
(c) in paragraph (f) by striking out "operated under the authority of the licensee's
licence or under any temporary operating permit approved by the board under Division 5
of Part 4," and substituting "operated under a licence that includes a passenger
directed vehicle authorization or transportation network services authorization, or under
a temporary operating permit that includes a passenger directed vehicle authorization,".
Annual reports
22.1 Within 5 months after the end of each fiscal year, the board must make a report
to the minister for the preceding fiscal year, setting out briefly
22.2 In addition to any other reports the board may or must provide under this Act,
the board must, when directed to do so by the minister,
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(a) review this Act and the regulations and recommend to the minister
any amendments to this Act or the regulations that the board considers
will better enable the board and the registrar to perform or exercise the
board's or the registrar's powers, functions and duties under this Act,
and
(b) report to the minister on any other matter relating to this Act or the
regulations, as specified by the minister.
7 Section 23 (4) is amended by striking out "or hold himself or herself out as able to
provide" and substituting "or advertise or hold out that the person is able to provide".
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23.1 (1) A person must not provide transportation network services unless the
following requirements are met:
(2) An application for a licence must set out the authorizations sought by the
applicant.
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11 Section 25 is amended
(c) the applicant will ensure that motor vehicles operated under the
licence meet prescribed requirements;
(d) the applicant is not subject to an order under Part 6 [Enforcement];
(e) the applicant has paid the prescribed fee for
(i) the licence, and
(ii) the vehicle identifiers, if those vehicle identifiers are required
to be issued by the registrar. ,
(b) by adding the following subsections:
(2.1) The registrar must establish as a term or condition of a licence issued under
this section that each motor vehicle operated under the licence must display, at
the times and in the form and manner required by the registrar, a vehicle
identifier that is
(a) issued to the licensee by the registrar, or
(b) authorized by the registrar to be issued by the licensee.
(2.2) A licence issued under this section may include other terms and conditions
that the registrar may require. , and
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(c) in subsection (3) by striking out "section 23 (1) (b)" and substituting
"section 23 (1) [licence required to operate commercial passenger vehicle]".
13 Section 27 (3) (b) is amended by striking out "direct the registrar to conduct an
investigation" and substituting "direct the registrar to conduct an audit or investigation".
14 Section 28 is amended
(a) in subsection (1) by striking out "may approve" and substituting "may
approve, in whole or in part,",
(b) by repealing subsections (2) and (3) and substituting the following:
(2) If the board approves an application for a licence, the board must specify the
special authorizations that should be included in the licence, if issued.
(3) The board may establish terms and conditions that apply to a special
authorization included in a licence, if issued, including, without limitation, terms
and conditions respecting any of the following:
(a) equipment or technology that must be installed, used or carried on
or in motor vehicles operated under the authorization and the
inspection, testing, adjustment, display and use of that equipment or
technology;
(b) if the licence is to include an inter-city bus authorization, routes and
minimum route frequencies;
(c) if the licence is to include a passenger directed vehicle
authorization,
(i) the methods by which motor vehicles may be hailed under the
authorization, which methods may include
(A) booking the motor vehicle in advance,
(B) hailing the motor vehicle from the street,
(C) hailing the motor vehicle through a dispatcher, or
(D) any other hailing method, other than hailing through
the use of transportation network services,
(ii) information that must be displayed or carried on or in the
motor vehicles, including information the board considers
necessary to promote passenger safety and consumer protection,
(iii) fleet size, and
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29 (1) After receiving notice from the board that the board has approved, in whole
or in part, an application for a licence in which a special authorization is sought,
the registrar must issue a licence in response to that application, and provide the
licence to the applicant, if the registrar is satisfied that the following
requirements are met:
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(a) the licensee is, subject to section 23.1 (1) [licence required to
provide transportation network services], authorized to provide
transportation network services under the licence if and only to the
extent that the licence authorizes the provision of those services, and
(b) persons are, subject to section 23 (1), authorized to operate motor
vehicles as passenger directed vehicles under the licence if and only to
the extent that the licence authorizes that operation.
16 Section 30 is amended
(a) in subsection (1) by striking out "To maintain the validity of a licence despite a
transfer of the licence, a licensee must" and substituting "A licensee must", and
(b) by repealing subsections (2) and (3) and substituting the following:
(3) Promptly after a licence is transferred, the person who is transferring the
licence must do the following:
(a) ensure that each vehicle identifier the person was required to
display on or in motor vehicles operated under the licence ceases to be
displayed on or in those motor vehicles;
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17 Section 31 (2) is amended by striking out "sections 28 (2) and 29 apply" and
substituting "sections 28 (2) to (6) and (7) (b) [determination by board] and 29 [role of
registrar if board approves licence including special authorization] apply".
(b) provide transportation network services that are different from the
transportation network services authorized under the licence.
19 Section 33 is amended
(a) in subsections (1) and (2) by striking out "a licence, a special authorization
vehicle identifier or a vehicle identification certificate" and substituting "a licence or a
vehicle identifier issued by the registrar",
(b) in subsection (3) by striking out "a licence, a special authorization vehicle
identifier or a vehicle identification certificate under subsection (2)" and substituting "a
licence or a vehicle identifier issued by the registrar" and by striking out "must replace
that record" and substituting "must replace the licence or vehicle identifier",
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(c) in subsection (3) (a) by striking out "the original record" and substituting "the
original licence or vehicle identifier" and by striking out "and",
(d) in subsection (3) (b) by striking out "that record." and substituting "that
licence or vehicle identifier, and", and
(e) in subsection (3) by adding the following paragraph:
20 Section 34 is amended
21 Section 35 (1) is amended by striking out "a licensee whose licence includes an
authorization to operate one or more vehicles as passenger directed vehicles" and
substituting "a licensee whose licence includes a passenger directed vehicle authorization
or transportation network services authorization".
22 Section 36 is amended
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(3) An application under this section must set out the proposed period for which
the temporary operating permit is to apply. , and
(c) by adding the following subsection:
(4) If the registrar receives an application under this section, the registrar must
consider the application under section 37 [applications considered by the
registrar].
Application by licensee to
temporarily increase fleet size
(b) the reasons for applying for the temporary operating permit, and
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(c) the rates, and any rules, practices or tariffs applicable to those
rates, that the applicant proposes will apply to motor vehicles operated
under the temporary operating permit.
(4) If the registrar receives an application under this section, the registrar must
forward the application to the board for consideration under section 38
[applications considered by the board].
24 Section 37 is amended
38 (1) The board may approve an application forwarded to it under section 36.1 (4)
[application by licensee to temporarily increase fleet size] if the board considers
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that there is an urgent and temporary need for the licensee to increase the
number of motor vehicles that are or may be operated under the licence.
(2) Sections 28 (1) (b), (3) (a) and (c), (5) and (7) [determination by board]
and 29 (1) [role of registrar if board approves licence including special
authorization] apply to an application forwarded to the board under 36.1 (4) and,
for this purpose, those sections are to be read as if
(a) references to "licence" were references to "temporary operating
permit", and
(b) the reference to "licensee" in section 28 (5) were a reference to
"permit holder".
(3) If a temporary operating permit is issued under this section, the motor
vehicles to which the temporary operating permit relates are authorized to be
operated as passenger directed vehicles if and only to the extent that the
temporary operating permit authorizes that operation.
(5) In addition to the penalties that may be imposed under subsection (2) or (3),
the registrar or the board may require that the licensee do one or both of the
following:
(a) complete a specified education or training program;
(b) require persons who operate motor vehicles under the licensee's
licence to complete a specified education or training program.
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42.1 (1) On or before January 1, 2022, the Legislative Assembly must appoint a
special committee for the purposes of this section.
(2) The special committee must conduct a review of passenger directed vehicle
services and transportation network services administered under this Act,
including, without limitation, a review of the following:
(a) whether the provision of licences under the Act that include
passenger directed vehicle authorizations or transportation network
services authorizations promotes
(i) an adequate supply of passenger directed vehicles, including
accessible passenger directed vehicles, and
(ii) passenger and driver safety;
(b) the effectiveness of the test set out in section 28 (1) [determination
by board] in meeting the objective referred to in paragraph (a) of this
subsection;
(b) solicit and review written and oral submissions from any interested
person or organization.
(4) Within one year of being appointed to conduct the review under this section,
the special committee must submit a report to the Legislative Assembly
respecting the results of that review.
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(5) The report submitted under subsection (4) may include any recommendations
that the special committee considers appropriate.
42.2 (1) A person must not drive a passenger directed vehicle under a licence unless
(b) the person has provided to the licensee a copy of the prescribed
record checks.
(2) A person who has undergone prescribed record checks under subsection (1)
(a) must not drive a passenger directed vehicle under a licence if either of the
following applies:
(a) the results of the prescribed record checks indicate that the person
has a record that includes a prescribed matter;
(b) the prescribed record checks do not indicate that the person has a
record that includes a prescribed matter, but, before undergoing the
next prescribed record checks, the person acquires a record that
includes a prescribed matter.
(3) As soon as practicable after obtaining a driver's prescribed record checks
under subsection (1) (b), a licensee must, if the results of the prescribed record
checks indicate that the driver does not have a record that includes a prescribed
matter, issue to the driver a record check certificate that sets out the prescribed
information.
(4) If a driver of a passenger directed vehicle under a licence acquires a record
that includes a prescribed matter, the driver must, as soon as practicable,
(c) a driver fails to return, under subsection (4) (b), a record check
certificate.
(6) A licensee who holds a licence that includes a passenger directed vehicle
authorization or transportation network services authorization must ensure that
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all drivers who are or may be operating passenger directed vehicles under the
licence comply with subsections (1), (2) and (4).
(7) A licensee who holds a licence that includes a passenger directed vehicle
authorization or transportation network services authorization must maintain
records of each of the following for the calendar year in which the records were
obtained or made and for the next 5 calendar years:
(a) a prescribed record check obtained under subsection (1) (b);
42.3 When a motor vehicle is being operated under a licence as a passenger directed
vehicle,
(a) the driver must display in the vehicle, at the times and in the form
and manner required under the licence, the driver's record check
certificate issued under section 42.2 (3), and
(b) the licensee must ensure that the driver's record check certificate is
displayed in accordance with paragraph (a).
32 Section 44 is amended
(b) must not display any other vehicle identifier on or in that motor
vehicle.
(1.1) Subsection (1) does not apply if the person
(a) is operating the motor vehicle under a valid temporary operating
permit, and
45 (1) A licensee who voluntarily ceases to operate one or more motor vehicles as
commercial passenger vehicles under a licence, or who voluntarily ceases to
provide transportation network services under a licence, must do the following:
45.1 (1) A licensee must ensure that persons who operate motor vehicles under the
licensee's licence comply with the following provisions:
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(d) section 45 (2) (a) [person must cease displaying vehicle identifier if
licensee ceases to operate or provide services].
(2) A permit holder must ensure that persons who operate motor vehicles under
the permit holder's temporary operating permit comply with the following
provisions, as applicable:
(a) section 36 (1) (c) [authority to operate commercial passenger
vehicle under temporary operating permit];
(b) section 36.1 (1) (c) [authority to operate additional passenger
directed vehicles under temporary operating permit];
(c) section 39 (c) [temporary operating permit or evidence of authority
to operate must be carried in motor vehicle].
35 Section 46 is amended
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(c) the extent of harm or potential harm to others resulting from the
failure;
(d) whether the failure was repeated or continuous;
(e) whether the failure was deliberate;
(f) any economic benefit derived by the licensee from the failure;
(g) the licensee's efforts to prevent or correct the failure;
36 Section 47 is amended
(b) one or more of the motor vehicles that have been operating under
the licence are required to be operated, but are no longer being
operated, under a valid safety certificate,
(c) applicable insurance requirements are no longer being met in
respect of one or more motor vehicles operated under the licence, or
(d) the licensee has not complied with
(i) section 42.2 (3), (5), (6) or (7) [prescribed record checks
required for drivers of passenger directed vehicles], or
(ii) section 42.3 (b) [record check certificate must be displayed in
passenger directed vehicle]. , and
(b) by repealing subsection (4) and substituting the following:
(4) Promptly after an order referred to in section 46 (1) (a), (c) or (d) is made,
the licensee must do one or more of the following, as specified in the order:
(a) ensure that each vehicle identifier displayed on or in the motor
vehicles to which the order relates ceases to be displayed on or in those
motor vehicles;
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37 Section 51 (5) is amended by striking out "the identifiers that were surrendered
under section 47 (4)" and substituting "the vehicle identifiers that were returned under
section 47 (4) [suspension or cancellation of licence]".
53 (1) The Lieutenant Governor in Council may prescribe fees and charges for the
following purposes:
(a) in paragraph (a) by striking out "the licence" and substituting "the licence or
temporary operating permit",
(b) by adding the following paragraph:
(a.1) evidence of authority to operate the motor vehicle under a licence
or temporary operating permit, and ,
(3) An individual who commits an offence under this section is liable to a fine of
(a) not less than $1 000, and
(b) not more than $5 000.
(4) A corporation or limited liability company that commits an offence under this
section is liable to a fine of not more than $100 000.
(5) If an offence under this section continues for more than one day, separate
fines may be imposed for each day the offence continues and, for this purpose,
each fine must be, as applicable,
(a) more than the minimum fine under subsection (3) (a), and
(b) less than the maximum fine under subsection (3) (b) or (4).
57.1 (1) A person who operates a motor vehicle as a passenger directed vehicle
commits an offence if the person contravenes any of the following:
(a) section 42.2 (1) (a) or (b) [requirement to undergo and provide
copy of prescribed record checks];
(b) section 42.2 (2) (a) or (b) [prohibition against driving if record
includes prescribed matter];
(c) section 42.2 (3) [licensee must issue record check certificate];
(d) section 42.2 (4) [driver must notify licensee if record acquired
between record checks];
(e) section 42.2 (5) (a) or (b) [licensee must notify registrar if driver
has record];
57.2 (1) A person who operates a motor vehicle as a type of commercial passenger
vehicle commits an offence if the person contravenes any of the following:
(5) A corporation or limited liability company that commits an offence under this
section is liable to a fine of not more than $100 000.
Other offences
57.3 (1) A person who contravenes any of the following commits an offence:
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(2) A person who provides false or misleading information to the registrar or the
board commits an offence.
(3) A person who does any of the following commits an offence:
(a) contravenes section 5 (7) [prohibition against obstructing audit or
investigation];
(b) provides false or misleading information or records to an inspector
conducting an audit or investigation under this Act.
(4) An individual who commits an offence under this section is liable to a fine of
57.4 If a corporation or limited liability company commits an offence under this Act,
an officer, director, manager or agent of the corporation or limited liability
company who authorizes, permits or participates in the commission of the offence
also commits an offence, whether or not that corporation or limited liability
company is prosecuted or convicted.
57.5 (1) The time limit for laying an information for an offence under this Act is
(a) 6 years after the date on which the act or omission that is alleged
to constitute the offence occurred, or
(b) if the registrar issues a certificate described in subsection (2), 2
years after the date on which the registrar learned of the act or
omission referred to in paragraph (a).
(2) A certificate purporting to have been issued by the registrar certifying the
date referred to in subsection (1) (b) is proof of that date.
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57.6 (1) If the registrar or the board imposes an administrative penalty on a person
under Part 6 [Enforcement], a prosecution for an offence under this Act for the
same contravention may not be brought against the person.
(2) A person who has been charged with an offence under this Act may not be
subject to an administrative penalty in respect of the circumstances that gave
rise to the charge.
57.7 Section 5 [general offence] of the Offence Act does not apply to this Act or the
regulations.
P 7.1 – R .
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make
regulations
(b) defining any word or phrase used but not defined in this Act.
(3) The authority to make regulations under another provision of this Act does
not limit subsections (1) and (2).
(4) In making a regulation under this Act, 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;
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59.1 (1) The Lieutenant Governor in Council may make regulations as follows:
59.2 (1) The Lieutenant Governor in Council may make regulations respecting the
operation of motor vehicles as commercial passenger vehicles, including, without
limitation, regulations respecting any of the following:
59.3 (1) The Lieutenant Governor in Council may make regulations respecting any of
the following:
59.4 The Lieutenant Governor in Council may make regulations for the purposes of
section 42.2 [prescribed record checks required for drivers of passenger directed
vehicles] as follows:
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59.5 (1) The Lieutenant Governor in Council may make regulations respecting fees or
charges contemplated by this Act or the regulations, including, without limitation,
fees or charges respecting any of the following:
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59.6 (1) The Lieutenant Governor in Council may make regulations exempting
persons, commercial passenger vehicles or transportation network services from
the application of all or any part of this Act or the regulations.
(2) In providing for an exemption by regulation under this section, the Lieutenant
Governor in Council may set terms and conditions respecting the application of
the exemption.
Transitional Provisions
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(2) Unless the context requires otherwise, words and expressions used in
sections 44 to 50 that are not defined in this section have the same meaning as
in the amended Act.
(2) An application under Part 4 [Licences] 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.
(3) For certainty, a licence to which this section applies is subject to
(a) the amended Act and the regulations under that Act,
(b) the terms and conditions of the licence, and
(c) any amendments made to the licence under section 31 [amendment
of licences] of the amended Act.
(2) An application under Part 4 [Licences] 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.
(3) For certainty, a licence to which this section applies is subject to
(a) the amended Act and the regulations under that Act,
(b) the terms and conditions of the licence, and
(c) any amendments made to the licence under section 31 [amendment
of licences] of the amended Act.
46 (1) A pre-existing vehicle identifier for a motor vehicle that is authorized under a
pre-existing licence to be operated as a commercial passenger vehicle
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(b) must be carried in the motor vehicle in accordance with the pre-
existing Act until the certificate becomes invalid,
(c) must be returned, by personal delivery or registered mail, within 30
days after the date it becomes invalid, and
(d) remains the property of the government under section 42 of the
amended Act.
47 (1) Despite sections 44 (2) and 45 (2) of this Act, the pre-existing Act applies to
an application under either of the following sections of that Act that was made
but not decided before the coming into force of this section:
(2) The pre-existing Act applies to a temporary operating permit that is issued
pursuant to an application referred to in subsection (1) (b) of this section.
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(2) A person to whom this section applies is not required to comply with
section 42.2 (1) and (2) [prescribed 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 2 years after the date this section comes into force.
(3) A person to whom this section applies
(a) must not drive a passenger directed vehicle if the person acquires a
record that includes a matter prescribed for the purposes of section
42.2 (2) of the amended Act, and
(b) must, for certainty, comply with sections 42.2 (4) and 42.3 (a) of
the amended Act.
(4) This section applies despite section 50 (3) (b) or (4) of this Act.
49 (1) A licensee must obtain a copy of the municipal chauffeur permit held by each
person
(b) must, for certainty, comply with section 42.3 (b) of the amended
Act in respect of that certificate.
(3) The licensee must comply with section 42.2 (7) of the amended Act as if a
copy of a municipal chauffeur permit obtained under subsection (1) of this
section were a record referred to in section 42.2 (7) of the amended Act.
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50 (1) A bylaw made, before this section comes into force, under any of the
provisions set out in subsection (2) has no effect, despite those provisions, to the
extent that the bylaw does any of the following:
(b) in the case of a bylaw under section 317 (1) (l), regulates in
relation to chauffeurs or drivers who operate motor vehicles under
passenger directed vehicle authorizations or transportation network
services authorizations, or
(c) in the case of a bylaw under section 317 (1) (m), regulates in
relation to the number of passenger directed vehicles that may be
operated under passenger directed vehicle authorizations or
transportation network services authorizations.
(4) A bylaw made, before this section comes into force, under section 36 (11)
[municipal chauffeur permits] of the Motor Vehicle Act has no effect, despite that
section, to the extent that the bylaw regulates in relation to chauffeurs who
operate motor vehicles under passenger directed vehicle authorizations or
transportation network services authorizations.
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Transition – regulations
51 (1) Despite this or any other Act, the Lieutenant Governor in Council may make
regulations as follows:
(a) in paragraph (b) by striking out "road building machine, taxi and a tractor," and
substituting "road building machine and tractor,", and
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Community Charter
54 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following
Division to Part 3:
Definitions
46.2 A council must not, under section 8 (6) [fundamental powers] or 15 [licensing
and standards authority],
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56 Section 47 is amended
(a) in subsection (3) (a) by striking out "or the Utilities Commission Act" and
substituting ", the Insurance (Vehicle) Act or the Utilities Commission Act", and
(b) in subsection (4) by striking out "subsection (1)" and substituting "this
section".
57 Section 1 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended
by adding the following definition:
Blanket certificate
35.2 (1) The corporation may require a person referred to in subsection (2) to provide
to the corporation information, including personal information about the person
or other persons, and records relating to or affecting any of the following:
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59 Section 42 is amended by striking out "29 or 30" and substituting "29, 30 or 35.2
(1)".
60 Section 45 is amended
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61 Section 46.2 (3) is amended by striking out "section 45 (6) of the Insurance
Corporation Act" and substituting "section 45 (6) of the Insurance Corporation Act but
subject to directions issued to the commission under section 47 of that Act or section 3 of the
Utilities Commissions Act".
62 Section 628 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended in the
definition of "commercial vehicle"
63 Section 629 is amended by striking out "Subject to the Passenger Transportation Act
and despite any other Act" and substituting "Despite any other Act".
(1) A council may, by bylaw, regulate carriers of persons or things to the extent
to which
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Definitions
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67 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding
the following definitions:
"blanket certificate" has the same meaning as in the Insurance (Vehicle) Act;
(4.1) A person who is to be or has been issued a licence under the Passenger
Transportation Act that includes a transportation network services authorization
must, before motor vehicles are operated under the licence, obtain the prescribed
motor vehicle liability policy.
69 Section 36 is amended
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(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 council of a municipality must not, under subsection (1) or (5),
(a) in subsection (1) by striking out "Subject to subsections (2) and (3)" and
substituting "Subject to subsections (2), (3) and (5)", and
(b) by adding the following subsection:
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(e) in subsection (4) (i) by striking out "drivers and operators of motor vehicles"
and substituting "drivers and carriers" and by striking out "drivers or operators" and
substituting "drivers or carriers".
(a) in subsections (1), (1.1) and (2) by striking out "An operator" and
substituting "A carrier", and
(b) in subsection (3) by striking out "an operator" and substituting "a carrier" and
by striking out "the operator's" and substituting "the carrier's".
76 Section 212.2 (2) (d) is amended by striking out "operators" and substituting
"carriers".
78 The Schedule to the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is
amended by striking out "Motor Carrier Commission".
Vancouver Charter
79 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following
sections:
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(2) The council must not, under section 272 (1) (a) or (e) [by-laws respecting
business regulation and licensing],
(a) regulate in relation to the number of passenger directed vehicles
that may be operated under passenger directed vehicle authorizations
or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the
municipality, including, without limitation, by prohibiting the issuance of
a licence to a person to operate a vehicle referred to in that paragraph
for the sole reason that the person holds a licence, issued by another
municipality, to operate the vehicle.
(2) The council must not, under section 317 (1) (j) [by-laws respecting streets,
traffic, carriers, parking], fix charges to be made by passenger directed vehicles
operated under passenger directed vehicle authorizations or transportation
network services authorizations.
(3) The council must not, under section 317 (1) (l), regulate in relation to
chauffeurs or drivers who operate motor vehicles under passenger directed
vehicle authorizations or transportation network services authorizations.
(4) The council must not, under section 317 (1) (m), regulate in relation to the
number of passenger directed vehicles that may be operated under passenger
directed vehicle authorizations or transportation network services authorizations.
Commencement
80 The provisions of this Act referred to in column 1 of the following table come into
force as set out in column 2 of the table:
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Explanatory Notes
SECTION 1: [Passenger Transportation Act, section 1] adds, amends and repeals
definitions consequential to amendments made by this Bill to the Act.
clarifies that the registrar can conduct audits under the Act;
adds an audit and investigation power in respect of prescribed record checks under
section 42.2 of the Act, as added by this Bill, and updates other audit and investigation
powers, consequential to amendments made by this Bill to the Act.
SECTION 3: [Passenger Transportation Act, section 7] amends the powers of the board,
consequential to the addition by this Bill of section 23.1 to the Act.
SECTION 7: [Passenger Transportation Act, section 23] amends subsection (4) of the
section for consistency with section 23.1 (3) of the Act, as added by this Bill.
prohibits a person from providing transportation network services unless the person is
authorized to do so under a valid licence and other specified requirements are met;
prohibits a person from representing that the person is authorized to provide
transportation network services unless the person is a licensee whose licence includes a
transportation network services authorization;
clarifies that a person does not provide transportation network services by driving a
passenger directed vehicle under a transportation network services authorization.
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SECTION 10: [Passenger Transportation Act, section 24] provides that a person may
apply to the registrar for a licence and specifies matters that must be set out in the
application.
sets out requirements that must be met before the registrar may issue a licence that
includes only a general authorization;
requires the licence to include a term or condition respecting the display of vehicle
identifiers;
authorizes the registrar to include other terms and conditions in the licence.
SECTION 13: [Passenger Transportation Act, section 27] adds a reference to an audit.
SECTION 14: [Passenger Transportation Act, section 28] requires the board to specify
the authorizations to be included in a licence, if issued, and sets out the terms and conditions
that may or must be established by the board in respect of authorizations included in the
licence.
SECTION 15: [Passenger Transportation Act, section 29] sets out the registrar's powers
and duties respecting the issuance of licences that include special authorizations.
sets out rules respecting the application of provisions in Divisions 2 and 3 of Part 4 to
transfers of licences;
requires a person who transfers a licence to cease displaying vehicle identifiers and to
collect and return those identifiers.
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clarifies that an applicant must pay the prescribed fee to replace a licence or vehicle
identifier.
requires the registrar to renew a licence if satisfied that specified requirements are met;
requires the registrar to provide vehicle identifiers with a renewed licence, if required
under the renewed licence;
repeals subsection (7) (c) of the section, consequential to the removal by this Bill of
vehicle identification certificates from the Act.
SECTION 24: [Passenger Transportation Act, section 37] requires the registrar, if
satisfied that specified requirements are met, to issue a temporary operating permit in
response to an application received under section 36 of the Act, as amended by this Bill, and
clarifies what the temporary operating permit authorizes.
SECTION 25: [Passenger Transportation Act, section 38] permits the board, if satisfied
that specified requirements are met, to issue a temporary operating permit in response to an
application received under section 36.1 of the Act, as added by this Bill, and clarifies what
the temporary operating permit authorizes.
SECTION 26: [Passenger Transportation Act, section 39] changes requirements for
passenger directed vehicles operated under temporary operating permits by allowing persons
who operate those motor vehicles to carry in the motor vehicle either a copy of the
temporary operating permit or evidence of authority to operate under that permit.
SECTION 27: [Passenger Transportation Act, section 39.1] authorizes the registrar or
the board to require a licensee, or a person who operates motor vehicles under the licensee's
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SECTION 28: [Passenger Transportation Act, section 42] removes the reference to a
vehicle identification certificate, consequential to the removal by this Bill of vehicle
identification certificates from the Act.
SECTION 29: [Passenger Transportation Act, section 42.1] requires the Legislative
Assembly to appoint a special committee, on or before January 1, 2022, to conduct a review
of passenger directed vehicle services and transportation network services administered
under the Act.
prohibits a person from driving a passenger directed vehicle if the person has not
undergone the prescribed record checks, or if the person has a record that includes a
prescribed matter;
imposes a duty on persons who hold licences that include passenger directed vehicle
authorizations or transportation network services authorizations to ensure that all
drivers who are or may be operating motor vehicles under the licence comply with
section 42.2 (1), (2) and (4) of the Act, as added by this Bill;
requires a person, when driving a passenger directed vehicle, to display the person's
record check certificate.
SECTION 32: [Passenger Transportation Act, section 44] requires a person who is
operating a motor vehicle as a commercial passenger vehicle to display the vehicle identifier
required in respect of the motor vehicle, unless the person is operating the motor vehicle
under a valid temporary operating permit and is in compliance with section 39 (c) of the Act,
as amended by this Bill.
requires a licensee to report to the registrar, and to collect and return vehicle identifiers
issued by the registrar, if the licensee voluntarily ceases to operate a commercial
passenger vehicle or provide transportation network services under a licence;
requires a person who operates a commercial passenger vehicle under a licence to
cease displaying a vehicle identifier, and to return the vehicle identifier to the licensee,
if the licensee voluntarily ceases to operate the commercial passenger vehicle under the
licence.
SECTION 34: [Passenger Transportation Act, section 45.1] requires a licensee or permit
holder to make reasonable efforts to ensure compliance with specified provisions of the Act,
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updates prohibition orders that the registrar may make under subsection (1) (c) of the
section, consequential to the removal by this Bill of vehicle identification certificates
from the Act and to the addition by this Bill of section 23.1 to the Act;
repeals section 46 (1.1), consequential to the repeal and replacement by this Bill of
section 46 (1) (c) of the Act;
increases from $1 500 to $50 000 the administrative fine that may be proposed under
the section;
adds a new subsection that sets out matters that must be considered before the
registrar proposes to impose an administrative fine on a licensee.
SECTION 38: [Passenger Transportation Act, section 53] authorizes the Lieutenant
Governor in Council to prescribe fees and charges and clarifies that fees and charges
collected by the registrar or the board are public money.
updates and adds offences, consequential to the addition by this Bill of section 23.1 to
the Act and to other amendments made by this Bill to the Act;
increases from $5 000 to $100 000 the fine that may be imposed on a corporation that
contravenes section 23 (1) (a) of the Act, as amended by this Bill;
makes it an offence if an officer, director, manager or agent of a corporation or limited
liability company authorizes, permits or participates in an offence committed by the
corporation or limited liability company;
adds time limits for laying an information for an offence;
clarifies the relationship between administrative penalties and offences.
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SECTION 42: [Passenger Transportation Act, sections 59 to 59.6] sets out and adds to
the Lieutenant Governor in Council's regulation-making powers, consequential to
amendments made by this Bill to the Act.
SECTION 45: [Transition – inter-city buses] provides transitional rules in relation to pre-
existing licences that include an authorization to operate one or more motor vehicles as inter-
city buses.
SECTION 48: [Transition – municipal chauffeur permits] provides that persons who hold
municipal chauffeur permits are not required to comply with section 42.2 (1) and (2) 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 two years after the date the
section comes into force.
SECTION 53: [Commercial Transport Act, section 11] authorizes the Lieutenant
Governor in Council to prescribe classes of taxis for the purposes of paragraph (b.1) of the
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SECTION 54: [Community Charter, Division 5.1 of Part 3] adds to the Part a Division
that restricts a council's powers, under specified provisions of that Part, to regulate in relation
to the number of passenger directed vehicles that may be operated under passenger directed
vehicle authorizations or transportation network services authorizations, and to prohibit
passenger directed vehicles from operating in the municipality.
SECTION 55: [Insurance Corporation Act, section 44] makes section 3 of the Utilities
Commission Act applicable to the corporation as if the corporation were a public utility.
SECTION 56: [Insurance Corporation Act, section 47] clarifies that directions issued
under the section apply despite the Insurance (Vehicle) Act.
SECTION 57: [Insurance (Vehicle) Act, section 1] defines "blanket certificate" for the
purposes of sections 35.1 and 35.2 of the Act, as added by this Bill.
SECTION 59: [Insurance (Vehicle) Act, section 42] makes it an offence to contravene
section 35.2 (1) of the Act, as added by this Bill.
SECTION 60: [Insurance (Vehicle) Act, section 45] authorizes the Lieutenant Governor
in Council to make regulations respecting blanket certificates.
SECTION 61: [Insurance (Vehicle) Act, section 46.2] clarifies the relationship between
the section, section 47 of the Insurance Corporation Act, as amended by this Bill, and section
3 of the Utilities Commission Act.
SECTION 62: [Local Government Act, section 628] includes in the definition of
"commercial vehicle" a prescribed passenger directed vehicle that is not licensed under the
Commercial Transport Act and is prescribed for the purposes of the definition.
SECTION 63: [Local Government Act, section 629] clarifies that there is no longer a need
for Division 2 of Part 16 of the Act to be made subject to the Passenger Transportation Act.
SECTION 64: [Local Government Act, section 637] clarifies that a council may not
regulate under the section to the extent that the council's authority is restricted under
Division 3.1 of Part 16 of the Act, as added by this Bill.
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SECTION 65: [Local Government Act, Division 3.1 of Part 16] adds to the Part a Division
that restricts a council's powers, under specified provisions of that Part, to regulate in relation
to the number of passenger directed vehicles that may be operated under passenger directed
vehicle authorizations or transportation network services authorizations, and to prohibit
passenger directed vehicles from operating in the municipality.
SECTION 66: [Miscellaneous Statutes Amendment Act (No. 2), 2007, section 45]
repeals a not-in-force provision.
SECTION 67: [Motor Vehicle Act, section 1] adds definitions for the purposes of
amendments made by this Bill to sections 3, 36, 68, 124 and 124.2 of the Act.
SECTION 68: [Motor Vehicle Act, section 3] requires a person who is to be or has been
issued a licence under the Passenger Transportation Act that includes a transportation
network services authorization to obtain the prescribed motor vehicle liability policy before
motor vehicles are operated under the licence.
SECTION 69: [Motor Vehicle Act, section 36] restricts the powers of the council of a
municipality to regulate in relation to chauffeurs who operate motor vehicles under passenger
directed vehicle authorizations or transportation network services authorizations.
SECTION 70: [Motor Vehicle Act, section 68] adds a reference to a blanket policy,
consequential to amendments made by this Bill to the Passenger Transportation Act and to
the addition by this Bill of sections 35.1 and 35.2 to the Insurance (Vehicle) Act.
SECTION 71: [Motor Vehicle Act, section 118.94] authorizes the Lieutenant Governor in
Council to prescribe definitions for "carrier" and "commercial motor vehicle", consequential to
amendments made by this Bill to the Passenger TransportationAct.
SECTION 72: [Motor Vehicle Act, section 124] restricts the powers of the council of a
municipality, under specified provisions of the section, to regulate in relation to the number
of passenger directed vehicles that may be operated under passenger directed vehicle
authorizations or transportation network services authorizations, and to prohibit passenger
directed vehicles from operating in the municipality.
SECTION 73: [Motor Vehicle Act, section 124.2] restricts the powers of a municipality,
under specified provisions of the section, to regulate in relation to the number of passenger
directed vehicles that may be operated under passenger directed vehicle authorizations or
transportation network services authorizations, and to prohibit passenger directed vehicles
from operating in the municipality.
SECTION 74: [Motor Vehicle Act, section 212] replaces the definition of "operator" with a
definition of "carrier" and replaces references to "operator" with references to "carrier",
consequential to amendments made by this Bill to the Passenger Transportation Act.
SECTION 75: [Motor Vehicle Act, section 212.1] replaces references to "operator" with
references to "carrier", consequential to amendments made by this Bill to the Passenger
Transportation Act.
SECTION 76: [Motor Vehicle Act, section 212.2] replaces a reference to "operators" with
a reference to "carriers", consequential to amendments made by this Bill to the Passenger
Transportation Act.
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SECTION 77: [Motor Vehicle Act, section 237] amends the definition of "carrier",
consequential to amendments made by this Bill to the Passenger Transportation Act.
SECTION 78: [Public Sector Employers Act, Schedule] removes from the Schedule the
reference to the Motor Carrier Commission.
restricts the powers of the council, under section 272 (1) (a) or (e) of the Act, to
regulate in relation to the number of passenger directed vehicles that may be operated
under passenger directed vehicle authorizations or transportation network services
authorizations, and to prohibit passenger directed vehicles from operating in the
municipality;
restricts the powers of the council, under section 317 (1) (j) of the Act, to fix charges to
be made by passenger directed vehicles;
restricts the powers of the council, under section 317 (1) (l) of the Act, to regulate in
relation to chauffeurs or drivers who operate motor vehicles under passenger directed
vehicle authorizations or transportation network services authorizations, consequential
to the addition by this Bill of section 42.2 to the Passenger Transportation Act;
restricts the powers of the council, under section 317 (1) (m) of the Act, to regulate in
relation to the number of passenger directed vehicles that may be operated under
passenger directed vehicle authorizations or transportation network services
authorizations.
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