Bill 55 - 2018 - Passenger Transportation Amendment Act, 2018

11/20/2018 Bill 55 – 2018: Passenger Transportation Amendment Act, 2018
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.
HONOURABLE CLAIRE TREVENA

MINISTER OF TRANSPORTATIOn
AND INFRASTRUCTURE
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:
1 Section 1 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended
(a) by adding the following definitions:
"accessible passenger directed vehicle" means a passenger directed vehicle

designed and manufactured, or converted, for the purpose of transporting
persons who use mobility aids;
"fleet size" has the prescribed meaning; ,
(b) by repealing the definition of "general authorization vehicle identifier",

(c) by repealing the definition of "inter-city bus" and substituting the following:
"inter-city bus" means either of the following:
(a) a commercial passenger vehicle, other than a commercial

passenger vehicle excluded by regulation, when the commercial
passenger 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;
https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/41st-parliament/3rd-session/bills/first-reading/gov55-1 1/55
(b) a prescribed commercial passenger vehicle; ,

(d) by adding the following definition:
"inter-city bus authorization" means an authorization that, if included in a

licence, authorizes one or more motor vehicles to be operated as inter-city
buses; ,
(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;",
(f) by adding the following definition:
"mobility aid" means
(a) a wheelchair, scooter or other device used to facilitate the transport,

in a normally seated position, of a person with a disability, or
(b) a prescribed device used to facilitate the transport of a person with
a disability; ,
(g) by repealing the definition of "passenger directed vehicle" and substituting
the following:
"passenger directed vehicle" means the following:
(a) a commercial passenger vehicle, when the vehicle is operated to or

from locations determined by or on behalf of the passengers, but does
not include
(i) a commercial passenger vehicle that can accommodate more
than the prescribed number of persons, or
(ii) a commercial passenger vehicle excluded by regulation;
(b) a prescribed commercial passenger vehicle; ,
(h) by adding the following definition:
"passenger directed vehicle authorization" means an authorization that, if

included in a licence, authorizes one or more motor vehicles to be operated
as passenger directed vehicles, but only if those motor vehicles are hailed
other than through the use of transportation network services; ,
(i) by repealing the definition of "rates" and substituting the following:
"rates", in relation to compensation that may be charged or collected for the

transportation of passengers in commercial passenger vehicles, includes
the following:
(a) discount fares;

(b) round-trip fares;
(c) point-to-point fares;
(d) deadhead charges;
(e) minimum and maximum charges;

(f) any other fares, fees or charges; ,
(j) by repealing the definition of "special authorization" and substituting the
following:
"special authorization" means any of the following:
(a) an inter-city bus authorization;

(b) a passenger directed vehicle authorization;
(c) a transportation network services authorization; ,
(k) by repealing the definition of "special authorization vehicle identifier",
(l) in the definition of "temporary operating permit" by striking out "section 36,
37 or 38;" and substituting "section 37 [applications considered by the registrar] or 38
[applications considered by the board];", and
(m) by adding the following definitions:
"transportation network services" means either of the following:
(a) services, other than services excluded by regulation, respecting the

connection of drivers of passenger directed vehicles with passengers
who hail and pay for the services through the use of an online platform;
(b) prescribed services;
"transportation network services authorization" means an authorization

that, if included in a licence,
(a) authorizes the licensee to provide transportation network services,

and
(b) authorizes one or more motor vehicles to be operated as passenger
directed vehicles, but only if those motor vehicles are hailed through
the use of the transportation network services;
"vehicle identifier" means a sticker, decal, tag, certificate, plate or other

identifier that
(a) is issued by the registrar to a licensee, or is authorized by the

registrar to be issued by a licensee, and
(b) is required, as a term or condition of the licensee's licence, to be

displayed on or in each motor vehicle operated under that licence.
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:
(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;
(g) investigating, in compliance with a direction of the board, any

matter related to an application for a licence in which a special
authorization is sought;
(h) any other matter in relation to which the registrar or the board has
powers or duties under this Act. ,
(c) in subsection (2.1) by striking out "an investigation" and substituting "an audit
or investigation", and
(d) in subsections (4) (a), (5) and (7) by striking out "the investigation" and
substituting "the audit or investigation".
3 Section 7 (1) is amended
(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,".
4 The following Division is added to Part 3:
Division 4 – Reports of the Board
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
(a) all applications made for a licence that includes a special

authorization,
(b) the financial statements applicable to the board, including full
disclosure of the expenses of the board, and
(c) other information the minister may require.
Board to make recommendations
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,
(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.
5 Section 23 (1) is repealed and the following substituted:
(1) A person must not operate a motor vehicle as a type of commercial

passenger vehicle unless the following requirements are met:
(a) the motor vehicle is being operated under a valid licence that
authorizes the motor vehicle to be operated as that type of commercial
passenger vehicle;
(b) the motor vehicle is being operated under a valid safety certificate;
(c) the person meets prescribed requirements and is otherwise
operating the motor vehicle in compliance with the licence, this Act, the
regulations and other applicable laws;
(d) passengers transported in the motor vehicle are charged rates in
compliance with, as applicable,
(i) rates approved or set by the board under section 7 (1) (f)
[rates for passenger directed vehicles], and
(ii) rules made under section 7 (1) (g) [rules respecting rates
charged by licensees];
(e) the motor vehicle meets prescribed requirements.
(a) by striking out "convey" and substituting "transport",

(b) by striking out "or flag" and "or flagged", and
(c) by repealing paragraph (a) and substituting the following:
(a) the licence under which the motor vehicle is operated includes a
passenger directed vehicle authorization that expressly authorizes the
motor vehicle to be hailed from the street, or .
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".
8 Section 23 (5) is repealed.
9 The following section is added:
Licence required to provide

transportation network services
23.1 (1) A person must not provide transportation network services unless the
following requirements are met:
(a) the person is authorized under a valid licence to provide the

transportation network services;
(b) the person holds a valid safety certificate;

(c) the person meets prescribed requirements and is otherwise in
compliance with the licence, this Act, the regulations and other
applicable laws;
(d) passengers transported in passenger directed vehicles operated
under the licence are charged rates in compliance with, as applicable,
(i) rates approved or set by the board under section 7 (1) (f)
[rates for passenger directed vehicles], and
(ii) rules made under section 7 (1) (g) [rules respecting rates
charged by licensees].
(2) Without limiting section 23 (1), a person who drives a motor vehicle as a
commercial passenger vehicle must not transport in the motor vehicle, as
passengers, persons who hail the motor vehicle through the use of transportation
network services unless the licence under which the person is driving the motor
vehicle includes a transportation network services authorization that expressly
authorizes the motor vehicle to be hailed through the use of those services.
(3) A person must not provide, or advertise or hold out that the person is able to
provide, transportation network services unless the person is a licensee whose
licence includes the transportation network services authorization necessary to
provide those services.
(4) For certainty, a person does not provide transportation network services by
driving a passenger directed vehicle under a transportation network services
authorization.
10 Section 24 is repealed and the following substituted:
Application for licence
24 (1) A person may apply to the registrar for a licence.
(2) An application for a licence must set out the authorizations sought by the
applicant.
(3) If an applicant is seeking a passenger directed vehicle authorization or

transportation network services authorization, the application must set out the
rates, and any rules, practices or tariffs relating to those rates, that the applicant
proposes will apply to the authorization.
(a) by repealing subsection (1) and substituting the following:

(1) If the registrar receives an application for a licence in which the only
authorization sought is a general authorization, the registrar must, subject to
subsections (1.1), (4) and (5), 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:
(a) the applicant
(ii) meets prescribed requirements;
(b) one of the following has occurred, or the applicant will ensure,
before motor vehicles are operated under the licence, that one of the
following has occurred:
(i) proof of financial responsibility has been given to the
[proof of financial responsibility] of the Motor Vehicle Act;
(ii) the applicable motor vehicle liability policies have been
issued;
(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
(c) in subsection (3) by striking out "section 23 (1) (b)" and substituting
"section 23 (1) [licence required to operate commercial passenger vehicle]".
12 The heading to Division 3 of Part 4 is repealed and the following substituted:
Division 3 – Inter-City Buses, Passenger Directed Vehicles

and Transportation Network Services .
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".
(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
(iv) the geographic area in which motor vehicles may be operated

under the authorization;
(d) if the licence is to include a transportation network services
authorization,
(i) information that must be displayed or carried on or in the
motor vehicles or made available to passengers through the use
of the licensee's online platform, or both, including information
referred to in paragraph (c) (ii),
(ii) fleet size, and
(iii) the geographic area in which motor vehicles may be operated
under the authorization. , and
(c) by adding the following subsections:
(4) The board must establish as a term or condition of a special authorization

that each motor vehicle operated under the authorization 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.
(5) The board must establish as a term or condition of a passenger directed
vehicle authorization or transportation network services authorization that the
licensee must provide to the registrar any information, including personal
information, and data that the registrar or the board may require, including,
without limitation, information and data respecting
(a) the motor vehicles, and the drivers of those motor vehicles,
operated under the authorization,
(b) the availability of the motor vehicles, at given points in time, for
hailing by methods permitted under the authorization, and
(c) trips taken by passengers transported in accessible passenger

directed vehicles or trips taken by passengers transported in non-
accessible passenger directed vehicles, or both, including
(i) trip rates,
(ii) wait times,
(iii) pick-up times and locations, and
(iv) drop-off times and locations.
(6) The board must establish as a term or condition of a transportation network
services authorization that motor vehicles may be hailed under the authorization
only through the use of the transportation network services approved under that
authorization.
(7) The board must notify the registrar and the applicant of
(a) a decision under subsection (1) approving or refusing to approve an
application for a licence, and
(b) if the application is approved, the terms and conditions established

in respect of each authorization to be included in the licence, if issued.
Role of registrar if board approves

licence including special authorization
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
(a) the applicant

(ii) meets prescribed requirements;
(b) one of the following has occurred, or the applicant will ensure,
before motor vehicles are operated under the licence, that one of the
following has occurred:
(i) proof of financial responsibility has been given to the
[proof of financial responsibility] of the Motor Vehicle Act;
(ii) the applicable motor vehicle liability policies have been
issued;
(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
(ii) the vehicle identifiers, if those vehicle identifiers are required
to be issued by the registrar.
(2) A licence issued under this section must include the following:
(a) a general authorization, if applied for, that includes
(i) the term or condition referred to in section 25 (2.1) [motor
vehicle must display vehicle identifier], and
(ii) any other terms and conditions that the registrar may
require;
(b) the special authorizations specified by the board under
section 28 (2) [determination by board];
(c) the terms and conditions established by the board under

section 28 (3) to (6).
(3) If a licence issued under this section includes a general authorization, inter-
city bus authorization or passenger directed vehicle authorization, the licensee is,
subject to section 23 (1) [requirements respecting licensee], authorized to
operate motor vehicles under the licence as commercial passenger vehicles if and
only to the extent that the licence authorizes that operation.
(4) If a licence issued under this section includes a transportation network
services authorization,
(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.
(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
(2) In applying Division 2 or 3 for the purposes of this section,

(a) except in the provisions referred to in paragraphs (b), (c) and (d) of
this subsection, the provisions in Division 2 or 3 are to be read as if
references to "the applicant" were references to "the transferee",
(b) sections 25 (1) (d) [application and issue of licence that includes
only general authorization] and 29 (1) (d) are to be read as if the
reference to "the applicant is not subject" were a reference to "neither
the applicant nor the transferee is subject",
(c) section 27 (1) (b) [consideration of application] is to be read as if a
reference to "the applicant" were a reference to "the applicant or
transferee", and
(d) section 28 (7) [determination by board] is to be read as if a
reference to "the applicant" were a reference to "the applicant and the
transferee".
(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;
(b) collect the vehicle identifiers referred to in paragraph (a), or notify

the registrar if the person fails to collect each of those vehicle
identifiers;
(c) if the vehicle identifiers collected under paragraph (b) were issued
by the registrar, return those vehicle identifiers to the registrar in the
prescribed manner.
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".
Addition of motor vehicles or

transportation network services
32 (1) A licensee whose licence includes a general authorization or inter-city bus

authorization may, unless the licensee is subject to an order under
section 46 (1) (a) [suspension of licence], (c) (i) or (ii) [order to stop operating
or providing services] or (d) [cancellation of licence], operate one or more
additional motor vehicles as general passenger vehicles or inter-city buses under
the licence without obtaining an amendment to the licence under section 31
[amendment of licences].
(2) A licensee whose licence includes a passenger directed vehicle authorization

may not increase the fleet size authorized under the licence unless the licensee
obtains an amendment to the licence under section 31.
(3) A licensee whose licence includes a transportation network services
authorization may not, unless the licensee obtains an amendment to the licence
under section 31,
(a) increase the fleet size authorized under the licence, or
(b) provide transportation network services that are different from the
transportation network services authorized under the licence.
(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",
(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:
(c) the applicant has paid the prescribed fee for

(ii) the vehicle identifier.
(a) in subsection (4) by striking out "that includes a special authorization",

(6) Subject to subsection (6.1), on receipt of an application under this section,
the registrar must renew the licence that is the subject of the application if
satisfied that
(a) the terms and conditions of the licence do not prohibit renewal of
the licence,
(b) in the case of a licence that includes a general authorization, the
requirements set out in section 25 (1) [application and issue of licence
that includes only general authorization] are met, and
(c) in the case of a licence that includes a special authorization, the

requirements set out in section 29 (1) [role of registrar if board
approves licence including special authorization] are met. ,
(c) by adding ", and" at the end of subsection (7) (a),
(d) by repealing subsection (7) (b) and substituting the following:
(b) a vehicle identifier for each of the motor vehicles in respect of which
a vehicle identifier issued by the registrar is required under the
licence. , and
(e) by repealing subsection (7) (c).
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".
(a) by repealing subsection (1) (a) and substituting the following:
(a) the motor vehicle is being operated under a valid temporary

operating permit that authorizes the motor vehicle to be operated as
that type of commercial passenger vehicle, ,
(2) A person who is not a licensee may apply to the registrar for a temporary
operating permit to operate one or more motor vehicles as commercial passenger
vehicles.
(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].
23 The following section is added:
Application by licensee to
temporarily increase fleet size
36.1 (1) Despite sections 23 [licence required to operate commercial passenger

vehicle] and 32 (2) [licence amendment required to increase fleet size], a
licensee whose licence includes a passenger directed vehicle authorization may,
in order to operate additional motor vehicles as passenger directed vehicles
without holding a valid licence to authorize the operation of those additional
motor vehicles, temporarily increase the licensee's fleet size if the following
(a) each of the additional motor vehicles is being operated under a

valid temporary operating permit that authorizes the motor vehicles to
be operated as passenger directed vehicles;
(b) each of the additional motor vehicles is being operated under a
valid safety certificate;
(c) persons operating each of the additional motor vehicles are in

compliance with section 23 (1) (c) and (d);
(d) each of the additional motor vehicles meets prescribed
requirements.
(2) A licensee may apply to the registrar for a temporary operating permit to
temporarily increase the fleet size authorized under the licence.
(3) An application under this section must set out
(a) the proposed period for which the temporary operating permit is to
apply,
(b) the reasons for applying for the temporary operating permit, and
(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].

(1) The registrar must issue a temporary operating permit in response to an
application received under section 36 [applications for temporary operating
permits] if the registrar is satisfied that,
(a) in the case of an application to operate a motor vehicle as a general
passenger vehicle, the requirements set out in section 25 (1)
[application and issue of licence that includes only general
authorization] are met, and
(b) in the case of an application to operate a motor vehicle as an inter-
city bus or passenger directed vehicle, the requirements set out in
section 29 (1) [role of registrar if board approves licence including
special authorization] are met.
(1.01) In applying sections 25 (1) and 29 (1) for the purposes of subsection (1)
of this section, those sections are to be read as if references to "licence" were
references to "temporary operating permit". ,
(b) by adding the following subsections:

(1.2) A temporary operating permit issued under this section must not have a
term that is longer that the prescribed maximum period.
(1.3) A temporary operating permit issued under this section may include terms
and conditions that the registrar may require. , and
(c) by repealing subsection (2) and substituting the following:
(2) 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 commercial passenger vehicles if and only to the extent that the
temporary operating permit authorizes that operation.
Applications considered by the board
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
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.
26 Section 39 (c) is repealed and the following substituted:
(c) a person must, when operating a motor vehicle to which the

temporary operating permit applies,
(i) if the temporary operating permit authorizes the motor vehicle
to be operated as a general passenger vehicle or inter-city bus,
carry in that motor vehicle a copy of that temporary operating
permit, or
(ii) if the temporary operating permit authorizes the motor
vehicle to be operated as a passenger directed vehicle, carry in
that motor vehicle
(A) a copy of that temporary operating permit, or
(B) evidence of authority to operate the motor vehicle
under that temporary operating permit and, for this
purpose, the evidence must be capable of being produced
in the prescribed form and manner, .
27 Section 39.1 is amended by adding the following subsection:
(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.
28 Section 42 is amended by striking out "Each licence, special authorization vehicle

identifier and vehicle identification certificate" and substituting "Each licence and vehicle
identifier issued by the registrar".
29 The following section is added to Part 4:
Review by special committee
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;
(c) whether the Act promotes employment in the passenger directed

vehicle services and transportation network services industries;
(d) impacts on public transportation, traffic congestion and the
environment attributable to the administration under this Act of
passenger directed vehicle services and transportation network
services;
(e) whether the Act promotes passenger directed vehicle services,
including transportation network services, in small, rural or remote
communities.
(3) In conducting the review under this section, the special committee may
(a) request and consider records, information or reports from the
registrar and the board relating to a matter referred to in subsection
(2), and
(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.
(5) The report submitted under subsection (4) may include any recommendations
that the special committee considers appropriate.
30 The following sections are added to Part 5:
Prescribed record checks required

for drivers of passenger directed vehicles
42.2 (1) A person must not drive a passenger directed vehicle under a licence unless
(a) the person has undergone the prescribed record checks in

accordance with the prescribed record check requirements, and
(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,
(a) notify the licensee of the record, and

(b) return to the licensee the record check certificate issued under
subsection (3).
(5) A licensee must immediately notify the registrar if any of the following
occurs:
(a) the results of a prescribed record check indicate that a person has a
record that includes a prescribed matter;
(b) the licensee receives notice under subsection (4) (a);
(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
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);
(b) a notice received under subsection (4).
Record check certificate must be

displayed in passenger directed vehicle
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).
Licence or evidence of authority to operate

must be carried in motor vehicle
43 (1) When a person is operating a motor vehicle as a general passenger vehicle or

inter-city bus under a licence, the person must carry in the motor vehicle a copy
of the licence.
(2) When a person is operating a motor vehicle as a passenger directed vehicle

under a licence, the person must carry in the motor vehicle
(a) a copy of the licence, or
(b) evidence of authority to operate the motor vehicle under the licence
and, for this purpose, the evidence must be capable of being produced
in the prescribed form and manner.

(1) Subject to subsection (1.1), when a person is operating a motor vehicle as a
commercial passenger vehicle, the person
(a) must display a vehicle identifier on or in the motor vehicle in
accordance with the terms and conditions of the licence that authorizes
that operation, and
(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
(b) is in compliance with section 39 (c) [temporary operating permit or

evidence of authority to operate must be carried in motor
vehicle]. , and
(b) in subsections (2), (3) and (4) by striking out "special authorization vehicle
identifier" wherever it appears and substituting "vehicle identifier".
Duty of licensee who voluntarily ceases

to operate commercial passenger vehicle
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:
(a) promptly report the cessation to the registrar;

(b) collect each vehicle identifier displayed on or in the motor vehicles
to which the cessation relates, or notify the registrar if the licensee fails
to collect any of the vehicle identifiers;
prescribed manner.
(2) A person who operates a motor vehicle as a commercial passenger vehicle

under a licence must, if the person is not the licensee and the licensee reports a
voluntary cessation under subsection (1),
(a) cease displaying on or in the motor vehicle the vehicle identifier
required in respect of that motor vehicle, and
(b) return the vehicle identifier to the licensee for collection under
subsection (1) (b).
34 The following section is added to Part 5:
Duty of licensees and permit holders

to ensure compliance by operators
45.1 (1) A licensee must ensure that persons who operate motor vehicles under the
licensee's licence comply with the following provisions:
(a) section 23 (1) [licence required to operate commercial passenger

vehicle];
(b) section 43 (1) and (2) [licence or evidence of authority to operate
must be carried in motor vehicle];
(c) section 44 (1) [display of vehicle identifier];
(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].
(a) by repealing subsection (1) (c) and substituting the following:

(c) order the licensee to do one or more of the following:
(i) stop operating, or cause other persons to stop operating, one
or more motor vehicles under the licence;
(ii) stop providing, or cause other persons to stop providing, one
or more services under the licence;
(iii) cease displaying, or cause other persons to cease displaying,
the vehicle identifiers required to be displayed on or in the motor
vehicles;
(iv) collect the vehicle identifiers referred to in subparagraph (iii),
or notify the registrar if the licensee fails to collect any of those
vehicle identifiers;
(v) if the vehicle identifiers collected under subparagraph (iv)
were issued by the registrar, return those vehicle identifiers to the
registrar in the prescribed manner; ,
(b) in subsection (1) (d) by striking out "licence" and substituting "licence, or an
authorization included in that licence,",
(c) by repealing subsection (1.1),
(d) in subsection (2) (c) by striking out "which amount must not exceed $1 500"
and substituting "which amount must not exceed $50 000", and
(e) by adding the following subsection:
(2.1) Before proposing to impose an administrative fine on a licensee for a failure

to comply with this Act, the regulations or the terms and conditions of the
licensee's licence, the registrar must consider the following:
(a) previous enforcement actions against the licensee;
(b) the gravity and magnitude of the failure;
(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;
(h) prescribed matters.

(1) Despite section 46 (2) [penalties relating to licences], the registrar may
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) if the
registrar is satisfied that
(a) one or more of the motor vehicles that have been operating under
the licence no longer meet prescribed requirements,
(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
(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;
(b) collect the vehicle identifiers referred to in paragraph (a), or notify

the registrar if the licensee fails to collect each of those vehicle
identifiers;
prescribed manner.
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]".
Fees, charges and costs
53 (1) The Lieutenant Governor in Council may prescribe fees and charges for the
following purposes:
(a) recovering expenses arising out of the administration of this Act;

(b) other purposes the Lieutenant Governor in Council considers
appropriate.
(2) All fees, charges and costs collected by the registrar or board are public
money within the meaning of section 1 [definitions] of the Financial
Administration Act.
(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 ,
(c) by repealing paragraph (b), and

(d) in paragraph (c) by striking out "the identifier issued" and substituting "the
vehicle identifier required".
Offences for contravening licensing requirements
57 (1) A person who operates a motor vehicle as a type of commercial passenger

vehicle commits an offence if the operation of the motor vehicle
(a) contravenes section 23 (1) (a) [licence required to operate

commercial passenger vehicle], and
(b) is not authorized under a valid temporary operating permit.
(2) A person who contravenes section 23.1 (1) (a) [licence required to provide
transportation network services] commits an offence.
(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).
Offences relating to record checks

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];
(f) section 42.2 (6) [requirement for licensee to ensure compliance by

drivers];
(g) section 42.3 (a) [driver must display record check certificate].
Offences relating to general operation

of commercial passenger vehicles
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:
(a) section 39 (c) (i) [requirement to carry copy of temporary operating

permit in general passenger vehicle or inter-city bus];
(b) section 39 (c) (ii) [requirement to carry copy of temporary
operating permit or evidence of authority to operate in passenger
directed vehicle];
(c) section 43 (1) [requirement to carry copy of licence in general
passenger vehicle or inter-city bus];
(d) section 43 (2) [requirement to carry copy of licence or evidence of

authority to operate in passenger directed vehicle];
(e) section 44 (1) (a) [requirement to display vehicle identifier];
(f) section 44 (1) (b) [prohibition against displaying other vehicle
identifiers].
(2) A person who operates a motor vehicle that displays a vehicle identifier
commits an offence if any of the following applies:
(a) the licence to which the vehicle identifier relates
(i) has been transferred, suspended or cancelled, or
(ii) is no longer valid;
(b) the licensee who holds the licence to which the vehicle identifier
relates has voluntarily ceased
(i) to operate the motor vehicle under the licence, or
(ii) to provide transportation network services to the person;
(c) the licensee who holds the licence to which the vehicle identifier
relates is subject to an order under section 46 (1) (c) [penalties
relating to licences] in relation to the motor vehicle.
(3) A licensee who contravenes section 45 (1) (c) [requirement to return vehicle
identifiers] commits an offence.
not more than $2 000.
Other offences
57.3 (1) A person who contravenes any of the following commits an offence:
(a) section 23 (4) [prohibition against false representation of authority

to operate commercial passenger vehicle];
(b) section 23.1 (3) [prohibition against false representation of

authority to provide transportation network services];
(c) section 30 (1) [application required for transfer of licence];

(d) section 56 (3) [duty to comply with vehicle searches and requests
for records by peace officers];
(e) a prescribed provision of the regulations.
(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.

(6) 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 (4) (a), and
(b) less than the maximum fine under subsection (4) (b) or (5).
Offence by officer or director of corporation
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.
Time limit for prosecuting offence
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.
Relationship between administrative penalties and offences
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.
Section 5 of Offence Act does not apply
57.7 Section 5 [general offence] of the Offence Act does not apply to this Act or the
regulations.
41 The following heading is added after section 58:
P 7.1 – R .
General power to make regulations
59 (1) The Lieutenant Governor in Council may make regulations referred to in

section 41 [power to make regulations] of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make
regulations
(a) respecting any matter for which regulations are contemplated by

this Act, or
(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;
(c) establish or define classes of persons, entities, geographic areas,

places, transactions, services, circumstances or things, including
establishing or defining classes of vehicles within a type of commercial
passenger vehicle;
(d) make different regulations for
(i) different persons, entities, geographic areas, places,
transactions, services, circumstances or things, or
(ii) different classes of persons, entities, geographic areas,

places, transactions, services, circumstances or things, including
different classes of vehicles within a type of commercial
passenger vehicle.
Regulations respecting administration and enforcement
59.1 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing, in respect of licensees and permit holders, the

identification and licence or temporary operating permit status
information that must be maintained under section 4 (1) (a) [registrar's
duty to maintain electronic or other index];
(b) prescribing limits and rates respecting the costs that may be
recovered by the board under section 7 (1.1) [board's power to order
participant to pay costs of proceedings];
(c) prescribing rules of practice and procedure for the board;
(d) authorizing persons to exercise the powers and perform the duties
of a constable or peace officer for the purpose of enforcing this Act or
the regulations;
(e) amending or repealing any regulation made by the Motor Carrier

Commission under the former Act.
(2) If the Lieutenant Governor in Council prescribes rules of practice and
procedure for the board under subsection (1) (c), any rules made by the board
are inapplicable to the extent that the rules are inconsistent with the prescribed
rules.
Regulations respecting operation of motor vehicles
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:
(a) requirements that a person must meet if the person is or may be

operating a motor vehicle under a licence or temporary operating
permit that is or may be issued, including, without limitation,
(i) minimum age requirements for drivers of passenger directed
vehicles, and
(ii) training requirements;
(b) equipment or technology that must be installed, used or carried on

or in a motor vehicle operated under a licence or temporary operating
permit and the inspection, testing, adjustment, display and use of that
equipment or technology;
(c) requirements that a motor vehicle must meet if the motor vehicle is
or may be operated under a licence or temporary operating permit that
is or may be issued.
(2) If the Lieutenant Governor in Council makes regulations respecting equipment

or technology under subsection (1) (b), any terms or conditions established by
the board under section 28 (3) (a) [determination by board] and included in a
licence are inapplicable to the extent that the terms and conditions are
inconsistent with those regulations.
Regulations respecting licences

and temporary operating permits
59.3 (1) The Lieutenant Governor in Council may make regulations respecting any of
the following:
(a) requirements that must be met by an applicant, licensee or permit

holder;
(b) terms and conditions that are to apply to licences;
(c) temporary operating permits, including, without limitation,
(i) the maximum period for which a temporary operating permit
may be issued, and
(ii) the terms and conditions that are to apply to temporary
operating permits;
(d) requirements that an applicant, licensee or permit holder must
ensure are met by drivers employed or retained by the applicant,
licensee or permit holder;
(e) information and records that may or must be provided and criteria
that may or must be considered for the purposes of determining one or
both of the following:
(i) whether an applicant, licensee or permit holder is fit and
proper to provide services that are or may be authorized under a
licence or temporary operating permit that is or may be issued;
(ii) whether an applicant, licensee or permit holder is capable of
providing the services referred to subparagraph (i);
(f) records that must be kept by licensees and permit holders for the
purposes of this Act and the regulations.
(2) If the Lieutenant Governor in Council makes regulations respecting terms and
conditions under subsection (1) (b) or (c) (ii), any terms and conditions
established by the registrar or board and included in a licence are inapplicable to
the extent that the terms and conditions are inconsistent with the regulations.
Regulations respecting record checks

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:
(a) 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;
(b) respecting requirements for carrying out a prescribed record check,
including, without limitation, prescribing
(i) how often a prescribed record check must be carried out,
(ii) the form and manner in which a prescribed record check must
be carried out, and
(iii) the databases or other information sources that must be
checked;
(c) 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 federal or provincial
enactments,
(ii) penalties or prohibitions imposed under federal or provincial
enactments, or
(iii) contraventions or alleged contraventions of federal or
provincial enactments.
Regulations respecting fees and charges
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:
(a) an application or submission under Part 4 [Licences];

(b) a notice of appeal under Part 6 [Enforcement];
(c) a licence, including, without limitation, the transfer, amendment,
replacement or renewal of a licence;
(d) a temporary operating permit;

(e) vehicle identifiers that are issued by the registrar.
(2) In making a regulation under this section, the Lieutenant Governor in Council
may do any of the following:
(a) establish the amount, or the method of determining the amount, of
a fee or charge;
(b) in relation to a licence that includes a passenger directed vehicle
authorization or transportation network services authorization, establish
fees or charges based on
(i) the licensee's fleet size, or

(ii) the number of trips taken under the licence by passengers
transported in accessible passenger directed vehicles or by
passengers transported in non-accessible passenger directed
vehicles, or both;
(c) provide for the imposition of penalties, payable to the government,

to enforce payment of a fee or charge.
Regulations respecting exemptions
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
Transition – definitions and interpretation
43 (1) In this section and sections 44 to 50:
"amended Act" means the Passenger Transportation Act, as amended by this

Act;
"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;
"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 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 general
authorization vehicle identifier or 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 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.
Transition – passenger directed vehicles
44 (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) 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.
Transition – inter-city buses
45 (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) 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.
Transition – vehicle identifiers and

vehicle identification certificates
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
(a) remains valid until

(i) the licence expires or is renewed, transferred, suspended or
cancelled, or
(ii) the licensee voluntarily ceases to operate the motor vehicle as
a commercial passenger vehicle,
(b) must be displayed on or in the motor vehicle in accordance with the
pre-existing Act until the identifier 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
[government retains interest in issued records] of the amended Act.
(2) Section 44 (2), (3) and (4) of the pre-existing Act applies to a pre-existing
vehicle identifier that is a special authorization vehicle identifier.
(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 or
passenger directed vehicle
(a) remains valid until
(i) the licence expires or is renewed, transferred, suspended or
cancelled, or
(ii) the licensee voluntarily ceases to operate the motor vehicle as
an inter-city bus or passenger directed vehicle,
(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.
Transition – pending applications to amend licences

or obtain temporary operating permits
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:
(a) section 31 [amendment of licences];

(b) section 36 [applications for temporary operating permits].
(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.
Transition – municipal chauffeur permit holders
48 (1) This section applies to a person who
(a) is or may be operating a passenger directed vehicle under a pre-

existing licence, and
(b) holds, immediately before the coming into force of this section, a
municipal chauffeur permit in relation to that operation.
(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.
Transition – record check certificates
49 (1) A licensee must obtain a copy of the municipal chauffeur permit held by each
person
(a) to whom section 48 of this Act applies, and

(b) who is or may be operating a passenger directed vehicle under the
licensee's pre-existing licence.
(2) If the municipal chauffeur permit held by a person referred to in subsection
(1) has not expired, the licensee
(a) must issue to the person a record check certificate referred to in
section 42.2 (3) of the amended Act, and
(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.
Transition – restrictions on local government jurisdiction
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:
(a) regulates in relation to the number of passenger directed vehicles

that may be operated under passenger directed vehicle authorizations
or transportation network services authorizations;
(b) prohibits 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 following provisions are set out for the purposes of subsection (1):
(a) sections 8 (6) [fundamental powers], 15 [licensing and standards

authority] and 281 [regulations providing additional powers and
exceptions] of the Community Charter;
(b) section 296 [additional powers and exceptions provided by
regulation] and Divisions 2 [Licensing of Commercial Vehicles] and 3
[Regulation of Carriers] of Part 16 [Municipal Provisions] of the Local
Government Act;
(c) section 272 (1) (a) and (e) [by-laws respecting business regulation
and licensing] of the Vancouver Charter.
(3) A bylaw made before this section comes into force under section 317 (1) (j),
(l) or (m) [by-laws respecting streets, traffic, carriers, parking and other
matters] of the Vancouver Charter has no effect, despite that section, to the
extent that the bylaw,
(a) in the case of a bylaw under section 317 (1) (j), fixes charges to be
made by passenger directed vehicles operated under passenger
directed vehicle authorizations or transportation network services
authorizations,
(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.
Transition – regulations
51 (1) Despite this or any other Act, the Lieutenant Governor in Council may make
regulations as follows:
(a) respecting any matter that the Lieutenant Governor in Council

considers is not provided for, or is not sufficiently provided for, in this
Act;
(b) making provisions that the Lieutenant Governor in Council considers
appropriate for the purpose of more effectively bringing this Act into
operation;
(c) making provisions that the Lieutenant Governor in Council considers

appropriate for the purpose of preventing, minimizing or otherwise
addressing any transitional difficulties encountered in bringing this Act
into effect, including, without limitation, provisions making an exception
to or a modification of a provision in an enactment or providing for the
application or continued application of a previous enactment;
(d) resolving any errors, inconsistencies or ambiguities arising in this
Act.
(2) A regulation under subsection (1) may be made retroactive to the date this
section comes into force or a later date and, if made retroactive, is deemed to
have come into force on the specified date.
(3) To the extent of any conflict between a regulation under subsection (1) and
another enactment, the regulation prevails.
(4) This section and any regulations made under this section are repealed on the
date that is 3 years after the date this section comes into force.
Consequential and Related Amendments
Commercial Transport Act
52 Section 1 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended in

the definition of "commercial vehicle"
(a) in paragraph (b) by striking out "road building machine, taxi and a tractor," and
substituting "road building machine and tractor,", and

(b.1) a taxi, other than a taxi in a prescribed class of taxi, .
53 Section 11 (2) is amended by adding the following paragraph:
(j.1) prescribing one or more classes of taxis for the purposes of

paragraph (b.1) of the definition of "commercial vehicle" in section 1; .
Community Charter
54 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following
Division to Part 3:
Division 5.1 – Restrictions in Relation to

the Passenger Transportation Act
Definitions
46.1 In this Division:
"passenger directed vehicle" has the same meaning as in the Passenger

Transportation Act;
"passenger directed vehicle authorization" has the same meaning as in the

Passenger Transportation Act;
"transportation network services authorization" has the same meaning as

in the Passenger Transportation Act.
Restrictions on authority to regulate

in relation to passenger directed vehicles
46.2 A council must not, under section 8 (6) [fundamental powers] or 15 [licensing
and standards authority],
(a) regulate in relation to the number of passenger directed vehicles

or transportation network services authorizations, or
(b) prohibit vehicles referred to in paragraph (a) from operating in the
Insurance Corporation Act
55 Section 44 (1) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is

amended by striking out "other than sections 3, 5 (4)" and substituting "other than
sections 5 (4)".
(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".
Insurance (Vehicle) Act
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" means a class of certificate issued under the plan to a

person referred to in section 35.1 (2); .
58 The following sections are added:
Blanket certificate
35.1 (1) Universal compulsory vehicle insurance may be provided by a blanket

certificate under which, in the prescribed circumstances, the universal
compulsory vehicle insurance provided by the blanket certificate applies instead
of universal compulsory vehicle insurance provided by another certificate.
(2) A blanket certificate may be issued to

(a) a person who holds a licence under the Passenger Transportation
Act that includes a transportation network services authorization, or
(b) a person in a prescribed class of persons.
(3) Universal compulsory vehicle insurance provided by a blanket certificate
applies only if universal compulsory vehicle insurance is also provided by another
certificate.
(4) In a circumstance in which universal compulsory vehicle insurance provided
by a blanket certificate applies, the coverage provided by another certificate
continues to apply, except to the extent that coverage is instead provided by the
blanket certificate.
Collection of information relating to blanket certificates

and certificates for taxis insured as part of fleet
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:
(a) an application for a blanket certificate;

(b) an application for a certificate in relation to taxis to be insured as
part of a fleet;
(c) the establishment of premiums for
(i) blanket certificates, or
(ii) certificates referred to in paragraph (b);
(d) an incident involving a motor vehicle insured under a blanket
certificate, or a certificate referred to in paragraph (b), out of which
arises
(i) injury or death to a person, or
(ii) damage to property;
(e) a prescribed matter.
(2) The corporation may require information or records under subsection (1) from
any of the following:
(a) a person who holds or is applying for
(i) a blanket certificate, or
(ii) a certificate referred to in subsection (1) (b);
(b) a person who owns, drives, leases or dispatches motor vehicles to
which a blanket certificate, or a certificate referred to in subsection (1)
(b), relates;
(c) a person who collects or holds data on behalf of a person described
in paragraph (a) or (b) of this subsection;
(d) a person in a prescribed class of persons.

(3) Information and records required under subsection (1) must
(a) be provided to the corporation in the form established by the
corporation, and
(b) include the content required by the corporation.
(4) The corporation may, if information or records are not provided as required
under this section, cancel or refuse to issue, as applicable, the certificate to which
the information or records relate.
59 Section 42 is amended by striking out "29 or 30" and substituting "29, 30 or 35.2
(1)".
(a) in subsection (2) by adding the following paragraph:
(f.6) respecting blanket certificates; , and
(b) by adding the following subsection:

(2.4) Without limiting subsection (2) (f.6), a regulation under that subsection
may do any of the following:
(a) specify the persons to whom the corporation is permitted or
required to issue blanket certificates;
(b) specify circumstances in which

(i) universal compulsory vehicle insurance provided under a
blanket certificate applies instead of universal compulsory vehicle
insurance provided under one or more other specified certificates,
or
(ii) coverage provided by a blanket certificate applies instead of
some or all of the coverage provided by one or more other
specified certificates.
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".
Local Government Act
62 Section 628 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended in the
definition of "commercial vehicle"
(a) by striking out "or" at the end of paragraph (a), and

(a.1) a passenger directed vehicle, as defined in the Passenger
Transportation Act, that
(i) is not licensed as referred to in paragraph (a), and
(ii) is prescribed for the purposes of this definition, or .
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".
64 Section 637 (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 the Passenger Transportation Act] of this
Part, and
(b) carriers are not subject to regulations or orders under another Act.
65 The following Division is added to Part 16:
Division 3.1 – Restrictions in Relation to

the Passenger Transportation Act
Definitions
637.1 In this Division:

Transportation Act;


637.2 A council must not, under Division 2 [Licensing of Commercial Vehicles] or 3

[Regulation of Carriers] of this Part,


Miscellaneous Statutes Amendment Act (No.2), 2007
66 Section 45 of the Miscellaneous Statutes Amendment Act (No.2), 2007, S.B.C.

2007, c. 24, is repealed.
Motor Vehicle Act
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;

Transportation Act;


in the Passenger Transportation Act; .
68 Section 3 is amended by adding the following subsection:
(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.
(a) in subsection (11) by striking out "The council of a municipality" and

substituting "Subject to subsection (12), the council of a municipality", and

(12) The council of a municipality must not by bylaw under subsection (11)
regulate in relation to chauffeurs who operate motor vehicles under passenger
directed vehicle authorizations or transportation network services authorizations.
70 Section 68 (1) (c) (iv) is repealed and the following substituted:
(iv) particulars of the motor vehicle liability insurance card or

financial responsibility card and, if applicable, blanket certificate
for that vehicle, .
71 Section 118.94 is amended by repealing the definitions of "carrier" and

"commercial motor vehicle" and substituting the following:
"carrier" has the prescribed meaning;
"commercial motor vehicle" has the prescribed meaning; .
(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
(5.1) The council of a municipality must not, under subsection (1) or (5),

73 Section 124.2 is amended
(a) in subsection (1) by striking out "Subject to subsections (2) and (3)" and
substituting "Subject to subsections (2), (3) and (5)", and
(5) A municipality must not by bylaw under subsection (1)


(1) In this section and in sections 212.1 and 212.2, "carrier" has the prescribed
meaning. ,
(b) in subsection (4) (d) by striking out "drivers and operators of motor vehicles"
and substituting "drivers and carriers" and by striking out "given to operators and to
drivers" and substituting "given to drivers and carriers",
(c) in subsection (4) (e) by striking out "drivers and of motor vehicles and their
operators" and substituting "motor vehicles, drivers and carriers",
(d) in subsection (4) (f) by striking out "the operators and drivers of motor
vehicles" and substituting "drivers and carriers", and
(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".
75 Section 212.1 is amended
(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".
77 Section 237 is amended by repealing the definition of "carrier" and substituting

the following:
"carrier" has the prescribed meaning; .
Public Sector Employers Act
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:

272.1 (1) In this section:

Transportation Act;


(2) The council must not, under section 272 (1) (a) or (e) [by-laws respecting
business regulation and licensing],

317.1 (1) In this section:

Transportation Act;


(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
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:
Item Column 1 Column 2

Provisions of Act Commencement
1 Anything not elsewhere covered by The date of Royal Assent
this table
2 Sections 1 to 51 By regulation of the Lieutenant
Governor in Council
3 Section 54 By regulation of the Lieutenant
Governor in Council

Governor in Council
Governor in Council
Governor in Council
7 Section 79 By regulation of the Lieutenant
Governor in Council
Explanatory Notes
SECTION 1: [Passenger Transportation Act, section 1] adds, amends and repeals
definitions consequential to amendments made by this Bill to the Act.
SECTION 2: [Passenger Transportation Act, section 5]
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 4: [Passenger Transportation Act, Division 4 of Part 3] requires the board to

make reports and recommendations to the minister.
SECTION 5: [Passenger Transportation Act, section 23] prohibits a person from

operating a motor vehicle as a type of commercial passenger vehicle unless the motor vehicle
is being operated under a valid licence and other specified requirements are met.
SECTION 6: [Passenger Transportation Act, section 23] updates terminology for

consistency with other amendments made by this Bill 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.
SECTION 8: [Passenger Transportation Act, section 23] repeals a provision that is

unnecessary given section 59.6 of the Act, as added by this Bill.
SECTION 9: [Passenger Transportation Act, section 23.1]
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.
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 12: [Passenger Transportation Act, heading to Division 3 of Part 4] changes

the heading for the Division, consequential to the addition by this Bill of section 23.1 to the
Act.
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.
SECTION 17: [Passenger Transportation Act, section 31] amends cross-references,

consequential to amendments made by this Bill to sections 28 and 29 of the Act.
permits a licensee to operate additional motor vehicles as general passenger vehicles or

inter-city buses without obtaining an amendment to the licensee's licence;
prohibits a licensee from increasing the licensee's fleet size or providing additional
transportation network services unless the licensee obtains an amendment to the
licensee's licence.
removes references to vehicle identification certificates, consequential to the removal

by this Bill of vehicle identification certificates from the Act;
replaces references to special authorization vehicle identifiers with references to vehicle
identifiers;
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 21: [Passenger Transportation Act, section 35] adds a reference to a

transportation network services authorization, consequential to the addition by this Bill of
section 23.1 to the Act.
allows a person who is not a licensee to temporarily operate commercial passenger

vehicles if the person has a valid temporary operating permit;
allows a person who is not a licensee to apply to the registrar for a temporary operating
permit and requires the registrar to consider the application under section 37 of the Act,
as amended by this Bill.
SECTION 23: [Passenger Transportation Act, section 36.1]
allows a licensee whose licence includes a passenger directed vehicle authorization to

temporarily increase the licensee's fleet size if the licensee has a valid temporary
operating permit;
allows a licensee to apply to the registrar for a temporary operating permit to
temporarily increase the licensee's fleet size and requires the registrar to forward the
application to the board for consideration under section 38 of the Act, as amended by
this Bill.
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
licence, to complete a specified education or training program.
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.
SECTION 30: [Passenger Transportation Act, sections 42.2 and 42.3]
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.
removes references to vehicle identification certificates, consequential to the removal

by this Bill of vehicle identification certificates from the Act;
changes requirements for passenger directed vehicles operated under licences by
allowing persons who operate those motor vehicles to carry in the motor vehicle either
a copy of the licence or evidence of authority to operate the motor vehicle under that
licence.
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,
as added or amended by this Bill.
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.
authorizes the registrar to impose penalties, without notice, on a licensee if specified

requirements are not met or if the licensee fails to comply with sections 42.2 and 42.3
of the Act, as added by this Bill;
removes requirements relating to vehicle identification certificates, consequential to the
removal by this Bill of vehicle identification certificates from the Act, and updates
references and requirements relating to vehicle identifiers.
SECTION 37: [Passenger Transportation Act, section 51] is consequential to

amendments made by this Bill to section 47 (4) of the Act.
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.
adds references to temporary operating permits;

removes the reference to vehicle identification certificates, consequential to the removal
by this Bill of vehicle identification certificates from the Act, and replaces references to
general authorization vehicle identifiers and special authorization vehicle identifiers with
references to vehicle identifiers.
SECTION 40: [Passenger Transportation Act, sections 57 to 57.7]
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.
SECTION 41: [Passenger Transportation Act, heading to Part 7.1] is consequential to

the addition by this Bill of Part 7.1 to the Act.
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 43: [Transition – definitions and interpretation] defines words and

expressions for the purposes of the section and the other transitional provisions that appear
in this Bill.
SECTION 44: [Transition – passenger directed vehicles] provides transitional rules in

relation to pre-existing licences that include an authorization to operate one or more motor
vehicles as passenger directed vehicles.
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 46: [Transition – vehicle identifiers and vehicle identification certificates]

provides transitional rules in relation to pre-existing vehicle identifiers for commercial
passenger vehicles and vehicle identification certificates for inter-city buses and passenger
directed vehicles.
SECTION 47: [Transition – pending applications to amend licences or obtain

temporary operating permits] provides transitional rules in relation to pending
applications to amend pre-existing licences or for temporary operating permits.
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 49: [Transition – record check certificates] provides transitional rules in

relation to record check certificates for persons who hold municipal chauffeur permits.
SECTION 50: [Transition – restrictions on local government jurisdiction] provides as a

transitional rule that existing bylaws made under specified provisions of the Community
Charter, Local Government Act, Vancouver Charter and Motor Vehicle Act have no effect to
the extent that the bylaws regulate in relation to certain matters.
SECTION 51: [Transition – regulations] authorizes the Lieutenant Governor in Council to

make regulations to address transitional issues associated with bringing into operation the
amendments made by this Bill.
SECTION 52: [Commercial Transport Act, section 1] amends the definition of

"commercial vehicle", as it relates to taxis, consequential to amendments made by this Bill to
Part 4 of the Passenger Transportation Act.
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
definition of "commercial vehicle" in section 1 of the Act, as amended by this Bill.
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 58: [Insurance (Vehicle) Act, sections 35.1 and 35.2]
authorizes the corporation to provide universal compulsory vehicle insurance under a

blanket certificate that, in prescribed circumstances, applies instead of universal
compulsory vehicle insurance provided under another certificate;
authorizes blanket certificates to be issued to a person who holds a licence under the
Passenger Transportation Act that includes a transportation network services
authorization, or to a person in a prescribed class of persons;
authorizes the corporation to require, from specified persons, information and records
relating to or affecting specified matters relating to blanket certificates and certificates
for taxis insured as part of a fleet;
authorizes the corporation to cancel or to refuse to issue a certificate if requested
information related to the certificate is not provided.
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.
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
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.
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.
SECTION 79: [Vancouver Charter, sections 272.1 and 317.1]
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.
Copyright (c) Queen’s Printer, Victoria, British Columbia, Canada

Bill 55 - 2018 - Passenger Transportation Amendment Act, 2018

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Bill 55 - 2018 - Passenger Transportation Amendment Act, 2018

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11/20/2018 Bill 55 – 2018: Passenger Transportation Amendment Act, 2018

2018 Legislative Session: 3rd Session, 41st Parliament

The following electronic version is for informational purposes only.

HONOURABLE CLAIRE TREVENA

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

(a) by adding the following definitions:

"accessible passenger directed vehicle" means a passenger directed vehicle

"fleet size" has the prescribed meaning; ,

(b) by repealing the definition of "general authorization vehicle identifier",

"inter-city bus" means either of the following:

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

(b) a prescribed commercial passenger vehicle; ,

"inter-city bus authorization" means an authorization that, if included in a

(f) by adding the following definition:

"mobility aid" means

(a) a wheelchair, scooter or other device used to facilitate the transport,

"passenger directed vehicle" means the following:

(a) a commercial passenger vehicle, when the vehicle is operated to or

"passenger directed vehicle authorization" means an authorization that, if

(i) by repealing the definition of "rates" and substituting the following:

"rates", in relation to compensation that may be charged or collected for the

(a) discount fares;

(e) minimum and maximum charges;

"special authorization" means any of the following:

(a) an inter-city bus authorization;

"transportation network services" means either of the following:

(a) services, other than services excluded by regulation, respecting the

"transportation network services authorization" means an authorization

(a) authorizes the licensee to provide transportation network services,

"vehicle identifier" means a sticker, decal, tag, certificate, plate or other

(a) is issued by the registrar to a licensee, or is authorized by the

(b) is required, as a term or condition of the licensee's licence, to be

(g) investigating, in compliance with a direction of the board, any

3 Section 7 (1) is amended

4 The following Division is added to Part 3:

Division 4 – Reports of the Board

(a) all applications made for a licence that includes a special

Board to make recommendations

5 Section 23 (1) is repealed and the following substituted:

(1) A person must not operate a motor vehicle as a type of commercial

6 Section 23 (3) is amended

(a) by striking out "convey" and substituting "transport",

8 Section 23 (5) is repealed.

9 The following section is added:

Licence required to provide

(a) the person is authorized under a valid licence to provide the

(b) the person holds a valid safety certificate;

10 Section 24 is repealed and the following substituted:

Application for licence

24 (1) A person may apply to the registrar for a licence.

(3) If an applicant is seeking a passenger directed vehicle authorization or

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

12 The heading to Division 3 of Part 4 is repealed and the following substituted:

Division 3 – Inter-City Buses, Passenger Directed Vehicles

(iv) the geographic area in which motor vehicles may be operated

(4) The board must establish as a term or condition of a special authorization

(c) trips taken by passengers transported in accessible passenger

(b) if the application is approved, the terms and conditions established

15 Section 29 is repealed and the following substituted:

Role of registrar if board approves

(a) the applicant

(c) the terms and conditions established by the board under

(2) In applying Division 2 or 3 for the purposes of this section,