Bill M223 – 2018: Miscellaneous Statutes (Passenger Transportation Services) Amendment Act, 2018

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

SECTION 1: [Commercial Transport Act, section 1] amends the definition of "commercial vehicle", as it relates to taxis, in order to authorize the Lieutenant Governor in Council to exclude taxis, in whole or in part, from being commercial vehicles within the meaning of that definition, consequential to the repeal and replacement by this Bill of Part 4 of the Passenger Transportation Act.

1 The definition of "commercial vehicle" in section 1 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended

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

(b.1) a taxi, if or to the extent that taxis are not excluded by regulation from being commercial vehicles within the meaning of this definition, .

SECTION 2: [Commercial Transport Act, section 11] authorizes the Lieutenant Governor in Council to make regulations for the purposes of paragraph (b.1) of the definition of "commercial vehicle" in section 1 of the Act, as amended by this Bill.

(j.1) for the purposes of paragraph (b.1) of the definition of "commercial vehicle" in section 1, excluding a taxi from being a commercial vehicle within the meaning of that definition; .

SECTION 3: [Insurance (Vehicle) Act, section 7] authorizes the corporation, in respect of a motor vehicle operated as a passenger directed vehicle under the Passenger Transportation Act, to provide universal compulsory vehicle insurance under a certificate that specifies the circumstances in which the universal compulsory vehicle insurance provided by the certificate applies instead of the universal compulsory vehicle insurance provided by an owner's certificate.

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

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

(6) The certificate authorized to be provided under subsection (5) may be provided to an owner or to a person who is not an owner.

SECTION 4: [Insurance (Vehicle) Act, section 11.1] authorizes the corporation to require, from dispatchers or persons who hold passenger directed vehicle licences under the Passenger Transportation Act, information relating to or affecting applications for insurance, the establishment of premiums or motor vehicle incidents involving injury, death or property damage.

Information respecting passenger directed vehicles

"dispatcher", in relation to a passenger directed vehicle, means a person, other than a holder of a passenger directed vehicle licence, who connects passengers with drivers of the passenger directed vehicle;

"passenger directed vehicle" has the same meaning as in section 1 of the Passenger Transportation Act;

"passenger directed vehicle licence" has the same meaning as in section 1 of the Passenger Transportation Act;

"personal information" has the same meaning as in Schedule 1 of the Freedom of Information and Protection of Privacy Act.

(2) If a motor vehicle is or may be operated as a passenger directed vehicle under a passenger directed vehicle licence, the corporation may require a dispatcher or the holder of the licence to provide reports, statements and information, including personal information, relating to or affecting one or more of the following:

(b) the establishment of premiums to be charged by the corporation in respect of the motor vehicle;

(c) an incident involving the motor vehicle, out of which incident arises injury or death to a person or damage to property.

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

SECTIONS 5 and 6: [Insurance (Vehicle) Act, sections 30 and 41] are consequential to replacing the Passenger Transportation Board with the British Columbia Passenger Transportation Commissioner, as provided by the repeal and replacement by this Bill of Part 3 of the Passenger Transportation Act.

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

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

SECTION 7: [Insurance (Vehicle) Act, section 42] creates a new offence for contravening section 11.1, as added by this Bill to the Act.

7 Section 42 is amended by striking out "section 11 (3)," and substituting "section 11 (3), 11.1,".

SECTION 8: [Insurance (Vehicle) Act, section 45] provides that in making regulations under subsection (2) (e) of the section, the Lieutenant Governor in Council may confer discretion on the corporation or delegate a matter to the corporation.

(2.1) In making a regulation under subsection (2) (e), the Lieutenant Governor in Council may do one or both of the following:

SECTION 9: [Insurance (Vehicle) Act, section 46.2] clarifies the relationship between this section and section 47 of the Insurance Corporation Act, as amended by this Bill.

9 Section 46.2 (3) is amended by striking out "and despite section 45 (6) of the Insurance Corporation Act ," and substituting "and despite section 45 (6) of the Insurance Corporation Actbut subject to section 47 of that Act ,".

SECTION 10: [Motor Vehicle Act, section 118.94] amends the definition of "commercial motor vehicle" in order to authorize the Lieutenant Governor in Council to exclude a passenger directed vehicle from being a commercial motor vehicle within the meaning of the definition, consequential to the repeal and replacement by this Bill of Part 4 of the Passenger Transportation Act.

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

"passenger directed vehicle" has the same meaning as in section 1 of the Passenger Transportation Act; .

SECTION 11: [Motor Vehicle Act, section 118.992] provides a regulation-making power for the purposes of the definition of "commercial motor vehicle" in section 118.94 of the Act, as amended by this Bill.

(a.1) for the purposes of the definition of "commercial motor vehicle" in section 118.94, excluding a passenger directed vehicle or class of passenger directed vehicle from being a commercial motor vehicle within the meaning of that definition; .

SECTION 12: [Motor Vehicle Act, section 124] authorizes the Lieutenant Governor in Council to restrict, by regulation, the powers and rights of the council of a municipality to regulate under subsection (5) of the section in relation to passenger directed vehicles or transportation networks services, as those terms are defined in the Passenger Transportation Act.

(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 Lieutenant Governor in Council may, by regulation, restrict the powers and rights of the council of a municipality to regulate under subsection (5) in relation to passenger directed vehicles or transportation network services, as those terms are defined in the Passenger Transportation Act.

SECTION 13: [Passenger Transportation Act, section 1]

adds defined terms for the purposes of amendments made by this Bill to the Act;
amends and repeals defined terms, consequential to amendments made by this Bill to the Act;
restructures the definitions of "inter-city bus" and "passenger directed vehicle" to clarify the Lieutenant Governor in Council's regulation-making powers for the purposes of those definitions.

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

"applicable administrator", for the purposes of an application under section 32 (1) [transfer of licences], an application under section 33 (1) or (5) [amendment of licences] or terms and conditions referred to in section 35 (10) [expiry and renewal of licences] that may be amended or imposed in respect of a renewed licence, means the following:

(a) the commissioner, if the application or renewal is in relation to a passenger directed vehicle licence;

(b) the registrar, if the application or renewal is in relation to a licence that includes a general authorization or inter-city bus authorization; ,

(b) in the definition of "applicant" by striking out "or a temporary operating permit under Part 4",

"commissioner" means the British Columbia Passenger Transportation Commissioner appointed under section 6 [commissioner]; ,

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

(a) a commercial passenger vehicle, other than a prescribed commercial passenger vehicle, when the vehicle is operated

(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,

(iv) between fixed terminating points, picking up or dropping off passengers at intermediate points as necessary;

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

"inter-city bus identification certificate", in relation to a motor vehicle, means a certificate issued under section 31 (3) (b) [role of registrar if inter-city bus authorization approved] in respect of the motor vehicle;

"inter-city bus identifier", in relation to a motor vehicle, means an identifier issued under section 31 (3) (a) in respect of the motor vehicle; ,

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

(i) in paragraph (b) of the definition of "licensee" by striking out "section 30;" and substituting "section 32 [transfer of licences];",

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

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

(a) a commercial passenger vehicle, other than a prescribed commercial passenger vehicle, if the commercial passenger vehicle

(i) is being operated to or from locations determined by the passengers, or by a person acting on behalf of the passengers, and

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

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

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

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

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

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

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

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

(n) by repealing the definitions of "special authorization" and "special authorization vehicle identifier",

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

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

(ii) if requirements prescribed under section 59 (2) (j) do not apply in respect of those motor vehicles, a requirement specified by the minister under section 58.1 (1) (a) [minister's power to specify requirements respecting passenger directed vehicle licences] in respect of those motor vehicles;

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

(i) a requirement prescribed under section 59 (2) (k), (k.1), (k.2) or (k.3) that applies in respect of those persons, or

(ii) if requirements prescribed under section 59 (2) (k), (k.1), (k.2) or (k.3) do not apply in respect of those persons, a requirement specified by the minister under section 58.1 (1) (b) in respect of those persons;

(i) a requirement prescribed under section 59 (2) (1) that applies in respect of the operation of the motor vehicles or the persons who are or may be operating those motor vehicles, or

(ii) if requirements prescribed under section 59 (2) (1) do not apply in respect of the operation of the motor vehicles or the persons who are or may be operating those motor vehicles, a requirement specified by the minister under section 58.1 (1) (c) in respect of that operation or those persons; ,

(a) services, other than prescribed services, respecting the connection of passengers with drivers of passenger directed vehicles through the use of an online transportation network and online payment system;

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

SECTION 14: [Passenger Transportation Act, section 4] is consequential to the removal by this Bill of temporary operating permits from the Act.

14 Section 4 (1) (a) is amended by striking out "and permit holders" and by striking out "and temporary operating permits".

SECTION 15; [Passenger Transportation Act, section 5]

clarifies that the registrar can conduct audits;
amends the registrar's audit and investigation powers, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act;
adds a new audit and investigation power in respect of specified record checks under section 42.1, as added by this Bill to the Act;
removes references to permit holders and temporary operating permits, consequential to the removal by this Bill of temporary operating permits from the Act;
replaces references to the board with references to the commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act.

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

(a) determining whether, in respect of a motor vehicle that is or may be operated under a passenger directed vehicle licence,

(ii) specified requirements are met in relation to the operation of the motor vehicle or in relation to a person who is or may be operating that motor vehicle,

(a.1) determining whether, in respect of a motor vehicle that is or may be operated under a licence as a general passenger vehicle or inter-city bus,

(ii) prescribed requirements are met in relation to the operation of the motor vehicle or in relation to a person who is or may be operating that motor vehicle,

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

(ii) meets specified requirements, in the case of a person who holds or is applying for a passenger directed vehicle licence, or

(iii) meets prescribed requirements, in the case of a person who holds or is applying for a licence that includes a general authorization or an inter-city bus authorization,

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

(i) the person has undergone the specified record checks in accordance with section 42.1 (2) (a) [specified record checks required for drivers of passenger directed vehicles],

(ii) the person has a record that includes a specified matter, contrary to section 42.1 (3), or

(iii) the licensee has ensured that the person complies with section 42.1 (2), (3) and (4), ,

(d) in subsection (2) (d) by striking out "an applicant for a licence or a temporary operating permit or a licensee or a permit holder," and substituting "an applicant or a licensee,",

(g) in subsection (2) (h) by striking out "the registrar or board" and substituting "the registrar or commissioner",

(h) in subsection (2.1) by striking out "may conduct an investigation that the registrar considers is or may be necessary to determine whether an applicant, a licensee or the holder of a temporary operating permit is a fit and proper person to provide the service." and substituting "may conduct an audit or investigation that the registrar considers is or may be necessary to determine whether a person who holds or is applying for a licence is a fit and proper person to provide the service to which the application or licence relates and is capable of providing that service.",

(i) in subsections (3) (a) and (5) by striking out "licensee, licensee's agent, permit holder or permit holder's agent" and substituting "licensee or licensee's agent", and

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

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

replaces the Passenger Transportation Board with the British Columbia Passenger Transportation Commissioner and sets out the powers, duties and functions of that commissioner;
amends the prohibition against operating a commercial passenger vehicle without a licence, consequential to amendments made by this Bill in relation to the licensing requirements for passenger directed vehicles and transportation network services;
prohibits persons from providing transportation network services without a licence;
changes the application and licensing requirements for passenger directed vehicles, adds application and licensing requirements for transportation network services and amends other provisions in Part 4 of the Act for consistency with those changes;
assigns powers, duties and functions to the registrar or commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act;
repeals and does not replace sections 24, 32 and 35 and Division 5 of Part 4 of the Act.

Commissioner

6 (1) The Lieutenant Governor in Council must appoint a British Columbia Passenger Transportation Commissioner and may appoint not more than 2 deputy commissioners.

(2) The Lieutenant Governor in Council may, subject to this section, determine the remuneration and the terms and conditions of appointment of the persons appointed under subsection (1).

(3) Deputy commissioners must, on the request of the commissioner, provide any assistance to the commissioner in the performance or exercise of the commissioner's powers, functions and duties that may be requested by the commissioner, including, without limitation, exercising any of the decision-making powers of the commissioner, and a reference in this Act to the commissioner includes a reference to the deputy commissioners if and to the extent that the deputy commissioners have been requested to assist the commissioner.

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

(a) in section 1 [definitions], the definitions of "constitutional question", "privative clause", "tribunal" and "tribunal's enabling Act";

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

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

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

(5) The commissioner may perform or exercise other powers, functions or duties that the Lieutenant Governor in Council may prescribe.

Interim commissioner

7 (1) Before making a first appointment of a commissioner under section 6 (1), the Lieutenant Governor in Council may appoint an employee appointed under the Public Service Act as the interim commissioner.

(2) An appointment under subsection (1) is for a term specified by the Lieutenant Governor in Council or, if no term is specified, for a term that ends on the date on which the term of the first person appointed as commissioner under section 6 (1) commences.

(3) The interim commissioner has all the powers, functions and duties of the commissioner under this Act.

Commissioner's power to delegate

8 (1) The commissioner may delegate to any person any of the commissioner's powers, functions or duties under this Act, except the power to delegate under this section.

(b) does not prevent the commissioner from performing or exercising the delegated power, function or duty, and

(3) If the commissioner ceases to hold office, a delegation under this section continues in effect

(4) A person who claims to be performing or exercising a power, function or duty delegated by the commissioner under this section must, on request, produce evidence of the delegation.

Employees and consultants

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

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

(3) The commissioner may retain auditors, consultants, inspectors or other persons or entities necessary to enable the commissioner to perform or exercise the powers, functions and duties of the office and may enter into agreements with the persons or entities respecting their remuneration and the terms and conditions of their retainers.

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

Financial administration

(a) render detailed accounts of the revenues and expenditures of the office of the commissioner for the period or to the day that the minister designates, and

(b) provide to the minister a budget, satisfactory to the minister, for an upcoming fiscal year identified by the minister.

Persons not required to testify or produce evidence

11 (1) The commissioner, a deputy commissioner or an employee appointed under section 9 (1) [employees and consultants] is not required to testify or produce evidence in any civil, administrative or regulatory action or proceeding respecting records or information obtained in the discharge of duties under this Act.

(2) Despite subsection (1), the commissioner may be required by the Supreme Court to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

Jurisdiction of commissioner exclusive

12 (1) The commissioner has exclusive jurisdiction in all cases and for all matters in which jurisdiction is conferred on the commissioner by this or any other enactment.

(2) An order, decision or proceeding of the commissioner must not be questioned, reviewed or restrained by any process or proceeding in any court.

Commissioner subject to direction

13 The Lieutenant Governor in Council may, by regulation, issue directions to the commissioner with respect to the performance or exercise of the commissioner's powers, functions and duties under this Act.

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

Audit and investigation powers

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

(2) The commissioner, in relation to audits or investigations requested by the minister under subsection (1), applications to the commissioner under Part 4 [Licences] or appeals to the commissioner under section 51 [appeals], may

(3) The commissioner must make the rules respecting practice and procedure made under this section accessible to the public in a manner the commissioner considers appropriate.

Information and records

15 The commissioner may direct the registrar to provide any information or records the commissioner considers are necessary to allow the commissioner to discharge its duties or exercise its authority.

Establishment of rates for passenger directed vehicles

16 (1) The Lieutenant Governor in Council may make regulations respecting rates that must be charged under section 42.2 [rates that must be charged under passenger directed vehicle licences].

(2) If the Lieutenant Governor in Council repeals all regulations made under subsection (1), the commissioner must make an order, effective on the date of the repeal of those regulations, respecting rates that must be charged under section 42.2.

Annual reports

17 Within 5 months after the end of each fiscal year, the commissioner must make a report to the minister for the preceding fiscal year, setting out briefly

(c) the financial statements applicable to the office of the commissioner, including full disclosure of the expenses of, and associated with, the office of the commissioner, and

Commissioner to make recommendations

18 In addition to any other reports the commissioner may or must provide under this Act, the commissioner must, when directed to do so by the minister,

(a) review this Act and recommend to the minister any amendments to this Act that the commissioner considers will better enable the commissioner and the registrar to perform or exercise the commissioner's or the registrar's powers, functions and duties under this Act, and

Licence required to operate commercial passenger vehicle

19 (1) Subject to section 20 (2), a person must not operate a motor vehicle as a type of commercial passenger vehicle unless each of the following applies:

(a) the person holds or is operating the motor vehicle under a valid licence that authorizes the motor vehicle to be operated as that type of commercial passenger vehicle;

(i) the licensee meets specified requirements and is otherwise in compliance with the licence, this Act, the regulations and all other applicable laws, and

(ii) the motor vehicle meets specified requirements and is operated by the person in compliance with the licence, this Act, the regulations and all other applicable laws;

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

(ii) the licensee meets prescribed requirements and is otherwise in compliance with the licence, this Act, the regulations and all other applicable laws, and

(iii) the motor vehicle meets prescribed requirements and is operated by the person in compliance with the licence, this Act, the regulations and all other applicable laws.

(a) holds a licence authorizing the driver to drive the motor vehicle as a passenger directed vehicle, and

(b) drives the motor vehicle as a passenger directed vehicle that is managed by a person under a licence issued to that person under section 23 [role of registrar if passenger directed vehicle authorization approved], the driver is deemed to be driving the motor vehicle under the licence of the person referred to in paragraph (b) of this subsection for the purposes of determining if that person is in compliance with subsection (1) (b) of this section.

(3) For certainty, subsection (2) and section 20 (3) do not affect subsection (1) (b) of this section, as that subsection applies for the purposes of determining if the driver is in compliance with subsection (1) (b) of this section.

(a) operate a motor vehicle equipped with a meter or other device for calculating rates or fares, or

(b) operate a motor vehicle equipped with a top light, unless the motor vehicle is operated under a passenger directed vehicle licence that expressly authorizes that operation.

(5) Without limiting subsection (1), a person must not convey, in a commercial passenger vehicle, passengers who hail or flag the motor vehicle from the street, or who cause the motor vehicle to be hailed or flagged from the street, unless

(a) the motor vehicle is operated under a passenger directed vehicle licence that expressly authorizes that conveyance, or

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

(6) A person must not provide, or hold himself or herself out as able to provide, a service that involves the operation of a motor vehicle as a type of commercial passenger vehicle unless

(a) the person is a licensee whose licence includes the authorization necessary for that type of operation, or

(b) the licence under which each of the motor vehicles through which that service is or may be provided includes that authorization.

(7) This section does not apply to a person or commercial passenger vehicle that has been exempted by regulation from the application of this Act.

Licence required to provide transportation network services

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

(b) meets specified requirements and is otherwise in compliance with the licence, this Act and the regulations, and

(c) ensures that all drivers of passenger directed vehicles to whom the person provides transportation network services drive their motor vehicles in compliance with the licence referred to in paragraph (a) and with this Act, the regulations and all other applicable laws.

(2) A driver of a motor vehicle operated as a passenger directed vehicle is not required to comply with section 19 (1) (a) if the driver is driving the motor vehicle as a result of the provision of transportation network services by a person who holds a valid licence authorizing the provision of those services.

(a) holds a licence authorizing the driver to drive the motor vehicle as a passenger directed vehicle, and

(b) drives the motor vehicle as a passenger directed vehicle as a result of the provision of transportation network services by a person who holds a valid licence authorizing the provision of those services, the driver is deemed to be driving the motor vehicle under the licence of the person referred to in paragraph (b) for the purposes of determining if that person is in compliance with subsection (1) (b).

(4) A person must not hold himself or herself out as able to provide transportation network services unless the person is a licensee whose licence includes the authorization necessary to provide those services.

(5) This section does not apply to a person who has been exempted by regulation from the application of this Act.

Application to operate passenger directed vehicle

21 (1) A person may apply to the commissioner for a licence that includes a passenger directed vehicle authorization.

(2) If the commissioner receives an application under subsection (1), the commissioner, in addition to information provided under section 37 [applications to registrar or commissioner], may require further information from the applicant, including written or oral submissions.

Determination of application to operate passenger directed vehicle

22 (1) The commissioner may approve an application for a licence that includes a passenger directed vehicle authorization if the commissioner considers that the applicant

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

(2) If the commissioner approves, in whole or in part, an application for a licence that includes a passenger directed vehicle authorization, the commissioner may establish terms and conditions that are to apply to the licence, if issued, including, without limitation, terms and conditions respecting any of the following matters in relation to motor vehicles operated under the licence:

(a) equipment that must be installed or carried in or on the motor vehicles and the inspection, testing, adjustment, display and use of that equipment;

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

(d) driver identification and other information that must be displayed or carried in or on the motor vehicles.

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

Role of registrar if passenger directed vehicle authorization approved

23 (1) After receiving notice from the commissioner that the commissioner has approved an application for a licence that includes a passenger directed vehicle authorization, the registrar must issue a licence in response to that application if the registrar is satisfied that the applicant

(c) will ensure that motor vehicles operated under the licence meet specified requirements and are operated by persons in compliance with this Act, and

(d) will ensure that the prescribed requirements respecting a motor vehicle liability policy are met.

(2) A licence issued to an applicant in accordance with this section must include the following:

(a) the passenger directed vehicle authorization approved by the commissioner under section 22 (1);

(b) the terms and conditions established by the commissioner under section 22 (2).

(3) If a licence is issued in accordance with this section, the licensee is, subject to section 19 (1) (b) [licence required to operate commercial passenger vehicle], authorized to operate passenger directed vehicles under the licence, if any only to the extent that the licence authorizes that operation.

Application to provide transportation network services

24 (1) A person may apply to the commissioner for a licence that includes a transportation network services authorization.

Determination of application to provide transportation network services

25 (1) The commissioner may approve an application for a licence that includes a transportation network services authorization if the commissioner considers that the applicant

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

(2) If the commissioner approves, in whole or in part, an application for a licence that includes a transportation network services authorization, the commissioner may establish terms and conditions that are to apply to the licence, if issued, including, without limitation, terms and conditions respecting any of the matters set out in section 22 (2) [determination of application to operate passenger directed vehicle].

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

Role of registrar if transportation network services authorization approved

26 (1) After receiving notice from the commissioner that the commissioner has approved an application for a licence that includes a transportation network services authorization, the registrar must issue a licence in response to that application if the registrar is satisfied that the applicant

(d) will ensure that motor vehicles operated under the licence meet specified requirements and are operated by persons in compliance with this Act.

(2) A licence issued to an applicant in accordance with this section must include the following:

(a) the transportation network services authorization approved by the commissioner under section 25 (1);

(b) the terms and conditions established by the commissioner under section 25 (2).

(a) the licensee is, subject to section 20 (1) (b) and (c) [licence required to provide transportation network services], authorized to provide transportation network services, if and only to the extent that the licence authorizes those services, and

(b) motor vehicles are authorized to be operated as passenger directed vehicles under the licence, if and only to the extent that the licence authorizes that operation.

Application to operate general passenger vehicle

27 (1) If the registrar receives an application for a licence that includes a general authorization, the registrar must, subject to subsections (2), (6), (7) and (8), issue a licence in response to that application if the registrar is satisfied that the applicant

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

(d) will ensure that motor vehicles in respect of which the licence is to be issued meet prescribed requirements and are operated by persons in compliance with this Act, and

(i) proof of financial responsibility in respect of motor vehicles operated under the licence has been provided to the Insurance Corporation of British Columbia under section 106 [proof of financial responsibility] of the Motor Vehicle Act, or

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

(a) if the registrar considers it necessary or advisable, may consider, in addition to the requirements under subsection (1), whether the applicant is a fit and proper person to provide the service sought under the licence and is capable of providing that service, and

(b) if the registrar considers that the applicant is not a fit and proper person to provide the service sought under the licence or is not capable of providing that service, may refuse to issue a licence in respect of the application.

(3) The registrar may issue a temporary licence under this section and may specify a term for the licence of less than one year.

(5) If a licence is issued in accordance with this section, the licensee is, subject to section 19 (1) (c) [licence required to operate commercial passenger vehicle], authorized to operate, as general passenger vehicles, each of the motor vehicles to which the licence applies, if and only to the extent that the licence authorizes that operation.

(6) If the registrar receives an application referred to in subsection (1) but the registrar considers that the operations intended by the applicant require a passenger directed vehicle authorization or a transportation network services authorization, the registrar must forward the application to the commissioner.

(7) After receiving an application under subsection (6), the commissioner must determine whether a passenger directed vehicle authorization or transportation network services authorization is required to authorize the operations intended by the applicant and, if the commissioner determines that

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

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

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

(ii) the applicant must, if the applicant wishes to proceed with the application, amend the application to seek the necessary authorization.

(8) If the registrar receives an application referred to in subsection (1) but the registrar determines that the operations intended by the applicant require an inter-city bus authorization,

(b) the applicant must, if the applicant wishes to proceed with the application, amend the application to seek the necessary inter-city bus authorization.

Application to operate inter-city bus

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

(2) After receiving an application under subsection (1), the registrar must publish notice of the application in a manner that, in the opinion of the registrar, is reasonably sufficient to bring to the attention of the public the fact and nature of the application.

(3) Despite subsection (2), the registrar need not publish notice of the application or accept or consider any written submissions provided in respect of the application if the registrar is satisfied that there is an urgent public need for the service proposed in the application.

Consideration of application to operate inter-city bus

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

(a) must, in the case of any application other than one referred to in section 28 (3), defer consideration of the application for a period of at least 7 days after the date on which the notice referred to in section 28 (2) is published, and

(b) may, in addition to information provided under section 37 [applications to registrar or commissioner], require further information from the applicant, including written or oral submissions.

(2) A person may, within the time period specified by the registrar and on payment of the prescribed fee, make a written submission to the registrar respecting an application made under section 28 (1).

(3) At any time after the expiry of the 7 day period referred to in subsection (1) (a), and after considering the application made under section 28 (1) and any written submissions provided under subsection (1) (b) or (2) of this section, the registrar may do one or more of the following:

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

(4) The registrar may permit a person to make submissions respecting an application, for consideration at a hearing,

(5) Unless the registrar directs otherwise, a person making a submission respecting an application does not, merely because of that submission, become entitled to

(6) The registrar may, in the registrar's sole discretion, waive or reduce a fee payable under subsection (2) or (4) (b) or any costs that the registrar is entitled to claim.

Determination of application to operate inter-city bus

30 (1) The registrar may approve an application for a licence that includes an inter-city bus authorization if the registrar considers that

(a) there is a public need for the service the applicant proposes to provide under the inter-city bus authorization,

(b) the applicant is a fit and proper person to provide that service and is capable of providing that service, and

(c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia.

(2) If the registrar approves, in whole or in part, an application for a licence that includes an inter-city bus authorization, the registrar may establish the terms and conditions that are to apply to the licence if issued, including, without limitation, terms and conditions respecting the following:

(a) equipment that must be installed or carried in or on motor vehicles operated under the licence and the inspection, testing, adjustment, display and use of that equipment;

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

Role of registrar if inter-city bus authorization approved

31 (1) After approving an application for a licence that includes an inter-city bus authorization, the registrar must issue a licence in response to that application if the registrar is satisfied that the applicant

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

(d) will ensure that motor vehicles in respect of which the licence is to be issued meet prescribed requirements and are operated by persons in compliance with this Act, and

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

(2) A licence issued to an applicant in accordance with this section must include the following:

(a) the inter-city bus authorization approved by the registrar under section 30 (1);

(3) If the registrar issues a licence in accordance with this section, the registrar must provide the licence to the applicant, along with

(a) one inter-city bus identifier for each of the motor vehicles in respect of which the licence is issued, and

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

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

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

(4) If a licence is issued in accordance with this section, the licensee is, subject to section 19 (1) (c) [licence required to operate commercial passenger vehicle], authorized to operate each of the motor vehicles to which the licence applies as inter-city buses, if and only to the extent that the licence authorizes that operation.

Transfer of licences

32 (1) A licensee wishing to transfer a licence must apply to the applicable administrator before transferring the licence and, for this purpose, the following provisions apply:

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

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

(d) if the licence includes an inter-city bus authorization, Division 4 [Inter-City Bus Licence] other than section 30 (1) (a) and (c) [determination of application to operate inter-city bus].

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

(a) except in the provisions to which paragraph (b) of this subsection applies, a reference to the applicant is to be read as if it were a reference to the transferee;

(b) in the following provisions, a reference to the applicant is to be read as if it were a reference to both the licensee and the transferee:

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

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

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

(3) Promptly after a licence is transferred under this Act, the person from whom the licence was transferred must do the following, as applicable, in respect of each motor vehicle that was operated under the licence:

(a) cease displaying, or ensure that the person who operated the motor vehicle ceases displaying in or on the motor vehicle, the passenger directed vehicle identifier required in respect of that motor vehicle;

(b) collect the passenger directed vehicle identifier required in respect of the motor vehicle or notify the registrar if the licensee fails to collect that identifier;

(c) cease displaying, in or on the motor vehicle, the general authorization vehicle identifier assigned by the licence in respect of that motor vehicle;

(d) return, in the prescribed manner, the inter-city bus identifier and inter-city bus identification certificate issued in relation to that licence.

Amendment of licences

33 (1) A licensee wishing to amend a licence must apply to the applicable administrator and, for this purpose, the following provisions apply:

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

(2) Despite subsection (1) but subject to subsection (4), the commissioner may, on the commissioner's own initiative, direct the registrar to amend a passenger directed vehicle licence and, for this purpose, the following provisions apply:

(a) if the commissioner's direction relates to a passenger directed vehicle authorization, sections 22 (2) and (3) [determination of application to operate passenger directed vehicle] and 23;

(b) if the commissioner's direction relates to a transportation network services authorization, sections 25 (2) and (3) [determination of application to provide transportation network services] and 26.

(3) Despite subsection (1) but subject to subsection (4), the registrar may, on the registrar's own initiative, amend a licence that includes an inter-city bus authorization and, for this purpose, the following provisions apply:

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

(4) The commissioner may give a direction under subsection (2), and the registrar may make an amendment under subsection (3), for any of the following purposes:

(b) to standardize terms and conditions of licences, or licences within a class of licence, including, without limitation, standardizing terms and conditions of licences issued in relation to commercial passenger vehicles that

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

(5) A licensee wishing to amend a licence to obtain an authorization not already included in the licence must apply to the applicable administrator for a new licence.

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

34 (1) If a licence, inter-city bus identifier or inter-city bus identification certificate is worn out, defaced, lost or destroyed, a person may apply to the registrar to replace the licence, identifier or identification certificate.

(2) On receipt of an application under subsection (1), the registrar must replace the licence, identifier or identification certificate if the registrar is satisfied that

(a) the original licence, identifier or identification certificate is worn out, defaced, lost or destroyed, and

(b) the applicant is not, at the time of application, subject to an order under Part 6 [Enforcement] that prohibits the applicant from obtaining or replacing that licence, identifier or identification certificate.

Expiry and renewal of licences

35 (1) Subject to subsections (2), (5) and (8), a licence issued under this Part expires on the date that is one year after the date on which the licence was issued.

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

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

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

(i) the licence includes a passenger directed vehicle authorization, a transportation network services authorization or an inter-city bus authorization, and

(ii) the registrar is satisfied that the person's failure to renew the licence before expiry of the licence was inadvertent.

(5) If a person to whom subsection (4) (b) applies renews a licence within the 7 day period referred to in that paragraph, the person is deemed, for all purposes under this Act, to have renewed the licence immediately before its expiry.

(6) Subject to subsection (7), the registrar must approve an application to renew a licence if the registrar is satisfied that the terms and conditions of the licence do not prohibit its renewal and the following requirements are met:

(a) if the application to renew is in respect of a licence that includes a passenger directed vehicle authorization, the requirements set out in section 23 (1) [role of registrar if passenger directed vehicle authorization approved];

(b) if the application to renew is in respect of a licence that includes a transportation network services authorization, the requirements set out in section 26 (1) [role of registrar if transportation network services authorization approved];

(c) if the application to renew is in respect of a licence that includes a general authorization, the requirements set out in section 27 (1) [application to operate general passenger vehicle];

(d) if the application to renew is in respect of a licence that includes an inter-city bus authorization, the requirements set out in section 31 (1) [role of registrar if inter-city bus authorization approved].

(a) if the registrar considers it necessary or advisable, may consider, in addition to the applicable requirements under subsection (6), whether the applicant is a fit and proper person to provide the service authorized under the licence and is capable of providing that service, and

(b) if the registrar considers that the applicant is not a fit and proper person to provide the service authorized under the licence or is not capable of providing that service, the registrar may refuse to renew the licence.

(8) If the registrar considers a matter under subsection (7) (a), the licence that is the subject of the application under subsection (3) does not expire until the earlier of

(a) the expiry of the prescribed number of days after the date that the licence would otherwise have expired under subsection (1), and

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

(9) If the registrar renews a licence under this section, the registrar must provide the following to the applicant, as applicable:

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

(b) one inter-city bus identifier for each of the motor vehicles in respect of which the licence is renewed;

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

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

(10) A licence renewed under subsection (6) is subject to the terms and conditions that applied to the licence before its renewal unless the applicable administrator amends the terms and conditions on renewal of the licence or imposes new terms and conditions on the renewed licence.

Continuing requirement to be fit, proper and capable

(a) if the registrar thinks it necessary or desirable, the registrar may at any time, on the registrar's own initiative, consider whether a licensee is a fit and proper person to provide the service and is capable of providing the service, and

(b) if the commissioner thinks it necessary or desirable, the commissioner may at any time, on the commissioner's own initiative, consider whether a licensee who holds a passenger directed vehicle licence is a fit and proper person to provide the service and is capable of providing the service.

(2) If, after the consideration referred to in subsection (1) (a), the registrar is of the opinion that the licensee is not a fit and proper person to provide the service or is not capable of providing that service, the registrar may, despite section 46 (2) [penalties relating to licences], impose one or more of the penalties referred to in section 46 (1) (a), (c) or (d) without providing the notice otherwise required under section 46 (2).

(3) If, after the consideration referred to in subsection (1) (b), the commissioner is of the opinion that the licensee is not a fit and proper person to provide the service or is not capable of providing the service, the commissioner may, despite section 46 (2), direct the registrar to impose one or more of the penalties referred to in section 46 (1) (a), (c) or (d) and, on that direction, the registrar may impose one or more of those penalties without providing the notice otherwise required under section 46 (2).

(4) If, under subsection (2) or (3), the registrar makes an order referred to in section 46 (1) (a), (c) or (d), section 47 (2), (3) and (4) [suspension or cancellation of licence] applies.

Applications to registrar or commissioner

(a) be made in the form and manner and include the information required by the person to whom the application is required to be made, and

Government retains interest in issued records

38 Each licence, inter-city bus identifier and inter-city bus identification certificate is and remains the property of the government.

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

prohibits a person from driving a passenger directed vehicle if the person has not undergone the specified record checks or has a record that includes a specified matter;
imposes a duty on persons who hold passenger directed vehicle licences to ensure that all drivers who are or may be operating motor vehicles under the licence comply with subsections (2) to (4) of the section;
imposes a duty on persons who hold passenger directed vehicle licences to charge rates established under section 16, as added by this Bill to the Act.

Specified record checks required for drivers of passenger directed vehicles

42.1 (1) In this section and section 58.1 [minister's power to specify requirements respecting passenger directed vehicle licences]:

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

(b) if no matters are prescribed under section 59 (2) (h.3), matters specified by the minister under section 58.1 (1) (f);

(b) if no requirements are prescribed under section 59 (2) (h.2), requirements specified by the minister under section 58.1 (1) (e);

(b) if no record checks are prescribed under section 59 (2) (h.1), record checks specified by the minister under section 58.1 (1) (d);

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

(a) the person has undergone the specified record checks in accordance with the specified record check requirements, and

(3) A person who has undergone a specified record check under subsection (2) (a) must not drive a passenger directed vehicle under a passenger directed vehicle licence if either of the following applies:

(a) the results of the specified record check indicate that the person has a record that includes a specified matter;

(b) the specified record check does not indicate that the person has a record that includes a specified matter but, before undergoing the next specified record check, the person acquires a record that includes a specified matter.

(4) If a driver of a motor vehicle under a passenger directed vehicle licence acquires a record that includes a specified matter, the driver must, as soon as practicable, notify the licensee of the record.

(a) the results of a specified record check indicate that a person has a record that includes a specified matter, or

(6) A licensee who holds a passenger directed vehicle licence must ensure that all drivers who are or may be operating passenger directed vehicles under the licence comply with subsections (2), (3) and (4).

(7) A licensee who holds a passenger directed vehicle licence must maintain records, for the calendar year in which the records were obtained or made and for the next 4 calendar years, of each of the following:

Rates that must be charged under passenger directed vehicle licences

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

(b) ensure that other persons who operate motor vehicles under the licence charge the rates referred to in paragraph (a) of this section.

SECTION 18: [Passenger Transportation Act, section 43] amends the section to authorize evidence of authority to operate a motor vehicle under a passenger directed vehicle licence to be carried in the motor vehicle instead of a copy of the licence.

What must be carried in motor vehicle

43 (1) When a motor vehicle is being operated under a licence as a passenger directed vehicle, one of the following must be carried in the motor vehicle:

(2) When a motor vehicle is being operated under a licence as a general passenger vehicle, a copy of the licence must be carried in the motor vehicle.

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

(a) a copy of the licence, and the inter-city bus identification certificate applicable to the motor vehicle, must be carried in that motor vehicle, and

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

SECTION 19: [Passenger Transportation Act, section 44] amends requirements respecting the display of vehicle identifiers for passenger directed vehicles, consequential to the repeal and replacement by this Bill of Part 4 of the Act.

(1) If a licence includes an authorization to operate a motor vehicle as a passenger directed vehicle, the licensee must

(a) display, or ensure that the operator of the motor vehicle displays, in the manner required by the licence, the passenger directed vehicle identifier required for that motor vehicle, and

(b) ensure that no other passenger directed vehicle identifier is displayed in or on that motor vehicle.

(1.1) If a licence includes an authorization to operate a motor vehicle as a general passenger vehicle, the licensee must

(a) display, in the manner set out in the regulations, the general authorization vehicle identifier assigned in respect of the motor vehicle, and

(b) ensure that no other general authorization vehicle identifier is displayed in or on the motor vehicle.

(1.2) If a licence includes an authorization to operate a motor vehicle as an inter-city bus, the licensee must

(a) display, in the manner set out in the regulations, the inter-city bus identifier issued to the licensee for the motor vehicle, and

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

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

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

SECTION 20: [Passenger Transportation Act, section 45] adds new obligations for licensees who cease to provide transportation network services and amends obligations for licensees who cease to operate passenger directed vehicles, consequential to the repeal and replacement by this Bill of Part 4 of the Act.

Duty of licensee when ceasing operation of commercial passenger vehicle

45 (1) A licensee who voluntarily ceases to operate a motor vehicle as a passenger directed vehicle, or to provide transportation network services in relation to a motor vehicle operated as a passenger directed vehicle, must do each of the following:

(b) cease displaying, or ensure that the person who operated the motor vehicle ceases displaying, in or on the motor vehicle, the passenger directed vehicle identifier required in respect of that motor vehicle;

(c) collect the passenger directed vehicle identifier required in respect of the motor vehicle or notify the registrar if the licensee fails to collect that identifier.

(2) A licensee who voluntarily ceases to operate a motor vehicle as a general passenger vehicle or as an inter-city bus must promptly report that cessation to the registrar and do one or both of the following, as applicable:

(a) cease displaying, in or on the motor vehicle, the general authorization vehicle identifier assigned in respect of that motor vehicle;

(b) return, in the prescribed manner, the inter-city bus identifier and inter-city bus identification certificate applicable to the motor vehicle.

SECTION 21: [Passenger Transportation Act, section 46] amends the orders that the registrar can make regarding vehicle identifiers and prohibits the registrar from taking certain actions under the section without the approval of the commissioner, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act.

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

(c) order the licensee to stop operating, or to ensure that drivers stop operating, one or more motor vehicles under a licence and, subject to subsection (1.1), to do one or more of the following, as applicable:

(i) cease displaying, or ensure that the drivers cease displaying, in or on the motor vehicles, the passenger directed vehicle identifiers required in respect of those motor vehicles;

(ii) collect the passenger directed vehicle identifiers required in respect of the motor vehicles and notify the registrar if the licensee fails to collect all of those identifiers;

(iii) cease displaying, in or on the motor vehicles, the general authorization vehicle identifier assigned by the licence in respect of those motor vehicles;

(iv) return, in the prescribed manner, the inter-city bus identifiers and inter-city bus identification certificates issued in relation to the motor vehicles; ,

(c) in subsection (1.1) by striking out "subsection (1) (c) (i) or (ii)" and substituting "subsection (1) (c) (i), (ii), (iii) or (iv)", and

(8) The registrar must not, without the approval of the commissioner, propose, refrain from imposing, impose or rescind a penalty under subsection (1) (d) in relation to a passenger directed vehicle licence.

SECTION 22: [Passenger Transportation Act, section 47] authorizes the registrar to impose penalties, without notice, on a licensee who fails to meet a duty set out in section 42.1 (5), (6) or (7), as added by this Bill to the Act.

(a) one or more of the motor vehicles that have been operating under the licence no longer meet specified requirements or prescribed requirements,

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

(b.1) the licensee has not met a duty set out in section 42.1 (5), (6) or (7) [specified record checks required for drivers of passenger directed vehicles], or,

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

(a) cease displaying, or ensure that the drivers of the motor vehicle cease displaying, in or on the motor vehicles to which the order applies, the passenger directed vehicle identifiers required in respect of those motor vehicles;

(b) collect the passenger directed vehicle identifiers required in respect of the motor vehicles to which the order applies and notify the registrar if the licensee fails to collect all of those identifiers;

(c) cease displaying, in or on the motor vehicles to which the order applies, the general authorization vehicle identifier that was assigned under the applicable licence;

(d) remove from the motor vehicles to which the order applies the inter-city bus identifiers and inter-city bus identification certificates that were issued under the applicable licence and return those identifiers and certificates in the prescribed manner.

SECTION 23: [Passenger Transportation Act, sections 49 to 53 and 55] replaces references to the board with references to the commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act.

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

SECTION 24: [Passenger Transportation Act, section 50] replaces a reference to the board's chair or delegate with a reference to the commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act.

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

SECTION 25: [Passenger Transportation Act, section 51] replaces a reference to the board's decision with a reference to the commissioner's decision and replaces a reference to identifiers with a reference to inter-city bus identifiers, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act

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

(b) in subsection (5) by striking out "the identifiers that were surrendered under section 47 (4)." and substituting "the inter-city bus identifiers that were returned under section 47 (4) (c)."

SECTION 26: [Passenger Transportation Act, section 54] amends cross-references, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act.

26 Section 54 is amended by striking out "Without limiting section 40 but subject to sections 7 (1) (d) and 50 (1)," and substituting "Without limiting section 37 [applications to registrar or commissioner] but subject to sections 14 (2) (b) [audit and investigation powers] and 50 (1) [initiating appeals],".

SECTION 27: [Passenger Transportation Act, section 56]

authorizes a peace officer to require a person to produce evidence of authority to operate a motor vehicle under a passenger directed vehicle licence, consequential to amendments made by this Bill to section 43 of the Act;
amends references to vehicle identifiers, consequential to amendments made by this Bill to Part 4 of the Act.

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

(a) a copy of the licence under which the motor vehicle is operated or, if the motor vehicle is operated under a passenger directed vehicle licence, evidence of authority to operate under that licence, ,

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

(d) in paragraph (c) by striking out "the identifier" and substituting "the inter-city bus identifier", and

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

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

SECTION 28: [Passenger Transportation Act, section 57]

amends subsection (2) (a) to (c) of the section, consequential to the repeal and replacement by this Bill of Part 4 of the Act;
creates new offences for

providing transportation network services without authorization under a valid passenger directed vehicle licence,
contravening a specified requirement, if contravention of the specified requirement is prescribed as an offence, and
contravening section 42.1, as added by this Bill to the Act;
amends subsection (2) (c.1) of the section, consequential to the repeal and replacement by this Bill of Part 4 and the amendments made by this Bill to section 45 of the Act;

amends references and requirements in relation to vehicle identifiers and vehicle identification certificates, consequential to the repeal and replacement by this Bill of Part 4 of the Act;
replaces references to the board with references to the commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act;
removes references to permit holders and temporary operating permits, consequential to the removal of temporary operating permits from the Act.

(a) by repealing subsection (2) (a), (b) and (c) and substituting the following:

(i) a passenger directed vehicle without authorization, under a valid licence, for that operation, or

(ii) a general passenger vehicle or inter-city bus without authorization, under a valid licence issued in respect of the motor vehicle, for that operation,

(a.1) provides transportation network services without authorization, under a valid licence, to provide those services,

(a.2) contravenes a specified requirement referred to in paragraph (a) (i), (b) (i) or (c) (i) of the definition of "specified requirement" in section 1 [definitions], if contravention of the specified requirement is prescribed as an offence for the purposes of this paragraph,

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

(B) evidence of authority to operate that motor vehicle under a valid passenger directed vehicle licence that authorizes that operation,

(ii) a general passenger vehicle without carrying in the motor vehicle a copy of a valid licence, issued in respect of that motor vehicle, that authorizes that operation, or

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

(i) a passenger directed vehicle without displaying in or on the motor vehicle, in accordance with the terms and conditions of a valid licence that authorizes that operation, a valid passenger directed vehicle identifier,

(ii) a general passenger vehicle without displaying in or on the motor vehicle, in accordance with the regulations, a valid general authorization vehicle identifier assigned in relation to a valid licence that authorizes that operation, or

(iii) an inter-city bus without displaying on the motor vehicle, in accordance with the regulations, a valid inter-city bus identifier issued in relation to a valid licence that authorizes that operation, ,

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

(i) after the licence in relation to which the vehicle identifier was assigned or required has been cancelled, suspended or transferred or is no longer valid, ,

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

(e) in subsection (2) (c.1) (iii) by striking out "section 46 (1) (c) (i) or (ii)" and substituting "section 46 (1) (c) (i), (ii), (iii) or (iv) [penalties relating to licences]",

(e) operates a motor vehicle as an inter-city bus without carrying in that motor vehicle a valid inter-city bus identification certificate issued in relation to a valid licence that authorizes that operation, ,

(g) in subsection (2) (f) by striking out "as a commercial passenger vehicle with more than one current vehicle identification certificate" and substituting "as an inter-city bus with more than one valid inter-city bus identification certificate",

(f.1) contravenes section 42.1 (2) (a) or (b), (3) (a) or (b), (4), (5) (a) or (b) or (6) [specified record checks required for drivers of passenger directed vehicles], ,

(i) in subsection (2) (g) by striking out "as a type of commercial passenger vehicle" and substituting "as a class or type of commercial passenger vehicle",

(j) in subsection (2) (g) (i) by striking out "the authorization necessary for that type of operation," and substituting "the authorization necessary for that class or type of service or operation,",

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

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

(m) in subsection (2) (h) by striking out "the board" and substituting "the commissioner",

(n) in subsection (2) (j) by striking out "the investigation" and substituting "the audit or investigation", and

(o) in subsection (3) by striking out "subsection (2) (a)" and substituting "subsection (2) (a) or (a.1)", by striking out "subsection (2) (b)," and substituting "subsection (2) (a.2), (b)," and by striking out "(f), (g)," and substituting "(f), (f.1), (g),".

SECTION 29: [Passenger Transportation Act, section 58]

replaces a reference to the board with a reference to the commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act;
removes references to permit holders, consequential to the removal by this Bill of temporary operating permits from the Act.

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

SECTION 30: [Passenger Transportation Act, section 58.1]

subject to regulations under section 59 (2) (j) to (l) of the Act, as amended by this Bill, authorizes the minister to establish requirements, in relation to motor vehicles operated under a passenger directed vehicle licence, for the purposes of paragraphs (a) (ii), (b) (ii) and (c) (ii) of the definition of "specified requirement" in section 1 of the Act;
subject to regulations made under section 59 (2) (h.1) to (h.3), as added by this Bill to the Act, authorizes the minister to establish or identify requirements and matters, in relation to specified record checks, for the purposes of paragraph (b) of the definitions of "specified record checks", "specified record check requirements" and "specified matters" in section 42.1.
provides that the minister may establish or identify certain driving-related requirements and matters only on recommendation of the minister responsible for the administration of section 25 of the Motor Vehicle Act.

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

(a) for the purposes of paragraph (a) (ii) of the definition of "specified requirement" in section 1 [definitions], establish requirements that must be met by motor vehicles that are or may be operated under a passenger directed vehicle licence, including, without limitation, establishing requirements respecting

(b) for the purposes of paragraph (b) (ii) of the definition of "specified requirement" in section 1, establish requirements that must be met by a person who holds or is applying for a passenger directed vehicle licence, including, without limitation, establishing

(i) requirements respecting information and data that the person must provide to the registrar, and the form and manner in which the information and data must be provided,

(A) fit and proper to provide the services proposed or provided under a passenger directed vehicle licence, and

(A) who are or may be employed, retained or otherwise authorized by that person to operate motor vehicles under the licence, or

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

(c) for the purposes of paragraph (c) (ii) of the definition of "specified requirement" in section 1, establish requirements respecting the operation of motor vehicles as passenger directed vehicles or in relation to the persons who are or may be operating those motor vehicles, including, without limitation, establishing

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

(e) for the purposes of paragraph (b) of the definition of "specified record check requirements" in section 42.1 (1), establish requirements for carrying out a specified record check, including, without limitation, establishing

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

(f) for the purposes of paragraph (b) of the definition of "specified matters" in section 42.1 (1), identify matters that must not be included in a record of a person who is or may be a driver, including, without limitation, identifying

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

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

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

(c) establish or identify geographic areas, classes of passenger directed vehicles, classes of transportation network services or classes of applicants, licensees, drivers or other persons, and

(d) establish or identify different requirements for different geographic areas, classes of passenger directed vehicles, classes of transportation network services or classes of applicants, licensees, drivers or other persons.

(3) The minister may not, without the prior approval of the minister responsible for the administration of section 25 [application for licence] of the Motor Vehicle Act, establish or identify a requirement, record or matter under subsection (1) of this section that relates to any of the following:

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

(a) specified requirements established under subsection (1) (a) of this section cease to have effect, and

(5) If regulations under section 59 (2) (k), (k.1), (k.2) or (k.3) are in force in relation to persons who hold or are applying for a passenger directed vehicle licence,

(a) specified requirements established under subsection (1) (b) of this section cease to have effect, and

(6) If regulations under section 59 (2) (l) are in force in relation to the operation of motor vehicles as passenger directed vehicles or to persons who are or may be operating those motor vehicles,

(a) specified requirements established under subsection (1) (c) of this section cease to have effect, and

(a) specified record checks, specified record check requirements and specified matters established or identified under subsection (1) (d), (e) or (f) of this section cease to have effect, and

(b) the minister may not establish or identify specified record checks, specified record check requirements or specified matters under that subsection.

SECTION 31: [Passenger Transportation Act, section 59]

creates new regulation-making powers in respect of
- the definitions of "inter-city bus", "passenger-directed vehicle" and "transportation network services", as added by this Bill to section 1 of the Act,
- technology to be used in motor vehicles,
- the definitions of "specified record checks", "specified record check requirements" and "specified matters" in section 42.1, as added by this Bill to the Act,
- the maintenance of records by licensees, and
- offences under section 57 (2) (a.2), as added by this Bill to the Act;
removes references to temporary operating permits and permit holders, replaces references to the board with references to the commissioner and amends references to vehicle identifiers and vehicle identification certificates, consequential to the repeal and replacement by this Bill of Parts 3 and 4 of the Act;
amends regulation-making powers in subsection (2) (j) to (l) of the section to provide the necessary authority to make regulations for the purposes of paragraphs (a) (i), (b) (i) and (c) (i) of the definition of "specified requirement", as added by this Bill to section 1 of the Act.

(a) in respect of the definition of "inter-city bus" in section 1 [definitions],

(i) for the purposes of paragraph (a) of the definition, excluding a commercial passenger vehicle from being an inter-city bus within the meaning of that definition,

(ii) for the purposes of paragraph (a) (i) of the definition, prescribing municipalities or regional districts in British Columbia, and

(iii) for the purposes of paragraph (b) of the definition, prescribing a commercial passenger vehicle as being an inter-city bus within the meaning of that definition;

(i) for the purposes of paragraph (a) of the definition, excluding a commercial passenger vehicle from being a passenger directed vehicle within the meaning of that definition,

(ii) for the purposes of paragraph (a) (ii) of the definition, prescribing the maximum number of passengers that can be accommodated in a passenger directed vehicle, and

(iii) for the purposes of paragraph (b) of the definition, prescribing a commercial passenger vehicle as being a passenger directed vehicle within the meaning of that definition;

(i) for the purposes of paragraph (a) of the definition, excluding services from being transportation network services within the meaning of that definition, and

(ii) for the purposes of paragraph (b) of the definition, prescribing services as being transportation network services within the meaning of that definition; ,

(b) in paragraph (e) by striking out "or temporary operating permit" and by striking out "or permit holders",

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

(f.1) respecting technology that must be used in motor vehicles operated under a licence and the inspection, testing, adjustment and display of that technology; ,

(g) respecting passenger directed vehicle identifiers, general authorization vehicle identifiers and inter-city bus identifiers;

(f) in paragraph (h) by striking out "respecting the costs that may be recovered by the board under section 7 (1.1);" and substituting "respecting the costs under section 6 (4) (g) [commissioner] that may be recovered by the commissioner;",

(h.1) for the purposes of paragraph (a) of the definition of "specified record checks" in section 42.1 (1) [specified record checks required for drivers of passenger directed vehicles], prescribing any or all of the following as records that must be checked:

(h.2) for the purposes of paragraph (a) of the definition of "specified record check requirements" in section 42.1 (1), respecting requirements for carrying out a specified record check, including, without limitation, prescribing

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

(h.3) for the purposes of paragraph (a) of the definition of "specified matters" in section 42.1 (1), prescribing matters that must not be included in a record of a person who is or may be a driver, including, without limitation, prescribing

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

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

(iii) contraventions or alleged contraventions of specified federal or provincial enactments; ,

(h) in paragraph (i) by striking out "the board;" and substituting "the commissioner;",

(j) respecting requirements that must be met by motor vehicles that are or may be operated under a licence, including, without limitation, prescribing requirements respecting

(k) respecting requirements that must be met by an applicant or a licensee, including, without limitation, prescribing information and data that the applicant or licensee must provide to the registrar and the form and manner in which the information and data must be provided;

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

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

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

(i) who are or may be employed, retained or otherwise authorized by the applicant or licensee to operate commercial passenger vehicles under a licence, or

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

(l) respecting the operation of motor vehicles as commercial passenger vehicles and respecting requirements in relation to persons who are or may be operating those motor vehicles, including, without limitation, prescribing, in respect of passenger directed vehicles,

(o) respecting the manner in which passenger directed vehicle identifiers, general authorization vehicle identifiers and inter-city bus identifiers must be displayed in or on commercial passenger vehicles operated under a licence; ,

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

(m) in paragraph (t) by striking out "section 34 (6.2) (a)." and substituting "section 35 (8) (a) [expiry and renewal of licences];", and

(u) respecting offences for the purposes of section 57 (2) (a.2) [offence], including, without limitation, prescribing offences for contravening a specified requirement by doing one or more of the following:

(ii) failing to ensure that a motor vehicle meets or complies with the specified requirement;

(iii) failing to operate a motor vehicle in compliance with the specified requirement;

(iv) failing to ensure that a person who is or may be operating a motor vehicle meets or complies with the specified requirement.

SECTION 32: [Passenger Transportation Act, section 59] replaces references to the board with references to the commissioner, consequential to the repeal and replacement by this Bill of Part 3 of the Act.

32 Section 59 (3) is amended by striking out "board" wherever it appears and substituting "commissioner".

SECTION 33: [Passenger Transportation Act, section 59]

provides that certain driving-related regulations under specified provisions in subsection (2) of the section may be made only on recommendation of the minister responsible for the administration of section 25 of the Motor Vehicle Act;
creates a general regulation-making power in respect of matters for which regulations are contemplated by the Act.

(3.1) A regulation under subsection (2) (h.1), (h.2), (h.3), (k), (k.2) or (l) that applies to drivers of passenger directed vehicles and relates to any of the following may be made only on the recommendation of the minister responsible for the administration of section 25 [application for licence] of the Motor Vehicle Act:

(3.2) Without limiting subsection (1) or (2), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

SECTION 34: [Passenger Transportation Act, section 59] authorizes the Lieutenant Governor in Council, in making regulations under subsection (1), (2) or (3.2) of the section, to delegate matters or confer discretion, establish classes and make different regulations for different classes.

(5) In making a regulation under subsection (1), (2) or (3.2), the Lieutenant Governor in Council may do one or more of the following:

(c) establish or specify geographic areas, classes or types of motor vehicles, classes or types of commercial passenger vehicles, classes of transportation network services or classes of applicants, licensees, drivers or other persons;

(d) make different regulations for different geographic areas, classes or types of motor vehicles, classes or types of commercial passenger vehicles, classes of transportation network services or classes of applicants, licensees, drivers or other persons.

Transitional Provisions

SECTION 35: [Passenger Transportation Act transition – definitions and interpretation] defines words and expressions for the purposes of the section and the other Passenger Transportation Act transitional provisions that appear in this Bill.

Passenger Transportation Act transition – definitions and interpretation

35 (1) In this section and sections 36 to 42 [partial exemption from section 42.1 for holders of municipal chauffeur permits]:

"amended Act" means the Passenger Transportation Act, as amended by this Act;

"board" means the Passenger Transportation Board under the pre-existing Act;

"minister" means the minister responsible for the administration of the amended Act;

"pre-existing Act" means the Passenger Transportation Act, as it read immediately before the coming into force of this section;

"pre-existing licence" means a licence that, immediately before the coming into force of this section, was a valid licence under the pre-existing Act;

"pre-existing vehicle identification certificate" means a vehicle identification certificate that, immediately before the coming into force of this section, was a valid special authorization vehicle identification certificate under the pre-existing Act;

"pre-existing vehicle identifier" means a vehicle identifier that, immediately before the coming into force of this section, was a valid special authorization vehicle identifier under the pre-existing Act;

(2) Unless the context otherwise requires, words and expressions used in sections 36 to 42 that are not defined in this section have the same meaning as in the amended Act.

SECTION 36: [Passenger Transportation Act transition – Passenger Transportation Board]dissolves the board and rescinds the appointment of board members.

Passenger Transportation Act transition – Passenger Transportation Board

(2) On and after the date this section comes into force, a reference to the board in any licence, permit, direction or order issued under the pre-existing Act is deemed to be a reference to the registrar or commissioner, as applicable, under the amended Act.

SECTION 37: [Passenger Transportation Act transition – applications and appeals] provides transition rules in relation to applications and appeals received but not yet determined under the pre-existing Act.

Passenger Transportation Act transition – applications and appeals

37 (1) If, on the date this section comes into force, an application received by the board under Part 4 [Licences] of the pre-existing Act has not been considered by the board, the application must be considered, in accordance with Part 4 of the amended Act, by

(a) the commissioner, if the application is in respect of a passenger directed vehicle authorization, or

(b) the registrar, if the application is in respect of an inter-city bus authorization.

(2) If, on the date this section comes into force, an application received by the board under Part 4 of the pre-existing Act has been considered by the board but a final determination has not been made in respect of the application, the final determination in respect of that application must be made, in accordance with Part 4 of the amended Act, by

(a) the commissioner, if the application is in respect of a passenger directed vehicle authorization, or

(b) the registrar, if the application is in respect of an inter-city bus authorization.

(3) If, on the date this section comes into force, an application for or in relation to a licence that includes a special authorization has been approved under Part 4 of the pre-existing Act but the registrar has not determined whether the licence must be issued, transferred, amended or renewed, as applicable, in response to the application, the registrar must make the determination in accordance with the applicable provisions of Part 4 of the amended Act.

(4) If, on the date this section comes into force, an appeal received by the board under section 50 [initiating appeals] of the pre-existing Act has not been considered by the board, the appeal must be considered by the commissioner.

(5) If, on the date this section comes into force, an appeal received by the board under section 50 of the pre-existing Act has been considered by the board but a final determination has not been made in respect of the appeal, the final determination in respect of that appeal must be made by the commissioner.

SECTION 38: [Passenger Transportation Act transition – no action for damages] provides that a person has no right of action and must not commence or maintain an action against the government for compensation or damages relating to a decrease in value associated with a licence that authorizes a motor vehicle to be operated as a passenger directed vehicle.

Passenger Transportation Act transition – no action for damages

38 (1) In this section, "licence" means a pre-existing licence that authorizes a person to operate one or more motor vehicles as passenger directed vehicles.

(2) A person has no right of action and must not commence or maintain an action or other proceeding against the government for compensation or damages relating, directly or indirectly, to a decrease in value associated with a licence as a result of the amendments made by this Act.

SECTION 39: [Passenger Transportation Act transition – refund of fees] authorizes the minister to refund fees paid under the pre-existing Act in relation to vehicle identifiers and vehicle identification certificates for passenger directed vehicles.

Passenger Transportation Act transition – refund of fees

39 (1) In this section, "fee" means a fee under section 24 (1) (a) (ii) [fees payable to the registrar] of the Passenger Transportation Regulation, as it read before the coming into force of this section.

(a) the fee or portion of the fee was paid within one year before the date this section comes into force,

(b) the fee or portion of the fee was paid in respect of a pre-existing vehicle identifier or pre-existing vehicle identification certificate for a passenger directed vehicle, and

(3) Despite section 21 (3) of the Financial Administration Act, if the minister pays a refund under subsection (2), the minister may pay the refund from the consolidated revenue fund.

(4) This section is repealed on the date that is 2 years after the date this section comes into force.

SECTION 40: [Passenger Transportation Act transition – passenger directed vehicles] provides transition rules in relation to pre-existing licences that include an authorization to operate one more motor vehicles as passenger directed vehicles.

Passenger Transportation Act transition – passenger directed vehicles

40 (1) A pre-existing licence that includes a special authorization to operate one or more motor vehicles as passenger directed vehicles is deemed to include a passenger directed vehicle authorization in respect of that operation and those motor vehicles.

(2) If, immediately before the date on which this section comes into force, the holder of a pre-existing licence to which subsection (1) applies has been providing services that fall within the definition of "transportation network services" in section 1 [definitions] of the amended Act, the pre-existing licence is deemed to authorize the provision of those services.

(3) An application under Part 4 of the pre-existing Act for or in relation to a licence that includes a special authorization to operate one or more motor vehicles as passenger directed vehicles is deemed to be an application for or in relation to a licence that includes a passenger directed vehicle authorization.

(5) A pre-existing vehicle identifier or pre-existing vehicle identification certificate for a motor vehicle that is authorized under a pre-existing licence to be operated as a passenger directed vehicle

(c) must be returned, by personal delivery or registered mail, within 30 days after the coming into force of this section, and

(d) remains the property of the government under section 42 [government retains interest in issued records] of the pre-existing Act.

SECTION 41: [Passenger Transportation Act transition – inter-city buses] provides transition rules in relation to pre-existing licences that include an authorization to operate one or more motor vehicles as inter-city buses.

Passenger Transportation Act transition – inter-city buses

41 (1) A pre-existing licence that includes a special authorization to operate one or more motor vehicles as inter-city buses is deemed to include an inter-city bus authorization in respect of that operation and those motor vehicles.

(2) A pre-existing vehicle identifier for a motor vehicle that is authorized under a pre-existing licence to be operated as an inter-city bus is deemed to be an inter-city bus identifier in respect of the motor vehicle.

(3) A pre-existing vehicle identification certificate for a motor vehicle that is authorized under a pre-existing licence to be operated as an inter-city bus is deemed to be an inter-city bus vehicle identification certificate in respect of the motor vehicle.

(4) An application under Part 4 of the pre-existing Act for or in relation to a licence that includes a special authorization to operate one or more motor vehicles as inter-city buses is deemed to be an application for or in relation to a licence that includes an inter-city bus authorization.

SECTION 42: [Passenger Transportation Act transition – partial exemption from section 42.1 for holders of municipal chauffeur permits] provides that persons who hold municipal chauffeur permits are not required to comply with section 42.1 (2) and (3) of the Passenger Transportation Act, as added by this Bill to that Act, until the earlier of the expiry date of the municipal chauffeur permit and the date that is one year after the date the section comes into force.

Passenger Transportation Act transition – partial exemption from section 42.1 for holders of municipal chauffeur permits

42 (1) In this section, "municipal chauffeur permit" means a permit that, immediately before the coming into force of this section, was a valid permit issued under a bylaw under section 36 (11) [municipal chauffeur permits] of the Motor Vehicle Act.

(2) This section applies to a person who operates a passenger directed vehicle under a pre-existing licence and holds a municipal chauffeur permit in relation to that operation.

(3) In respect of a person to whom this section applies, the person is not required to comply with section 42.1 (2) and (3) [specified record checks required for drivers of passenger directed vehicles] of the amended Act until the earlier of

(a) must not drive a passenger directed vehicle if the person acquires a record that includes a specified matter, and

SECTION 43: [Community Charter, Division 5.1 of Part 3] adds a Division to the Part that restricts a council's powers to regulate under specified provisions of that Part in relation to passenger directed vehicles or transportation network services.

43 The Community Charter, S.B.C. 2003, c. 26 is amended by adding the following Division to Part 3:

Definitions

"passenger directed vehicle" has the same meaning as in section 1 [definitions] of the Passenger Transportation Act;

"transportation network services" has the same meaning as in section 1 of the Passenger Transportation Act.

Restrictions on authority to regulate in relation to passenger directed vehicles

46.2 Except to the extent provided by the regulations, if any, a council must not, by bylaw under one or both of the following provisions of this Act, regulate in relation to passenger directed vehicles or transportation network services:

Lieutenant Governor in Council power to make regulations

46.3 The Lieutenant Governor in Council may make regulations specifying the extent to which a council's authority is not restricted under section 46.2 (a) or (b).

SECTION 44: [Local Government Act, section 637] clarifies that a council may not regulate under the section to the extent the council's authority is restricted under Division 3.1 of Part 16, as added by this Bill to the Act.

44 Section 637 (1) of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed and the following substituted:

(1) A council may, by bylaw, regulate carriers of persons or things to the extent to which

(a) a council's authority is not restricted under Division 3.1 [Restrictions In Relation To Passenger Transportation Act], and

SECTION 45: [Local Government Act, Division 3.1 of Part 16] adds a Division to the Part that restricts a council's powers to regulate under specified provisions of the Act in relation to passenger directed vehicles or transportation network services.

Definitions

"passenger directed vehicle" has the same meaning as in section 1 [definitions] of the Passenger Transportation Act;

"transportation network services" has the same meaning as in section 1 of the Passenger Transportation Act.

Restrictions on authority to regulate

637.2 (1) Except to the extent provided by the regulations, if any, Division 2 [Licensing of Commercial Vehicles] does not apply in relation to passenger directed vehicles or transportation network services.

(2) Except to the extent provided by the regulations, if any, a council must not, by bylaw under Division 3 [Regulation of Carriers], regulate in relation to passenger directed vehicles or transportation network services.

Lieutenant Governor in Council power to make regulations

637.3 The Lieutenant Governor in Council may make regulations specifying the extent to which a council's authority is not restricted under section 637.2 (1) or (2).

SECTION 46: [Vancouver Charter, sections 272.1 and 317.1] restricts the council's powers to regulate under section 217 (1) (a) or (e) or 317 (1) (j), (l) or (m) of the Act in relation to passenger directed vehicles or transportation network services.

46 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following sections:

Restrictions on authority to regulate in relation to passenger directed vehicles

"passenger directed vehicle" has the same meaning as in section 1 [definitions] of the Passenger Transportation Act;

"transportation network services" has the same meaning as in section 1 of the Passenger Transportation Act.

(2) Except to the extent provided by the regulations, if any, the council must not, by bylaw under section 272 (1) (a) or (e) [by-laws respecting business regulation and licensing], regulate in relation to passenger directed vehicles or transportation network services.

(3) The Lieutenant Governor in Council may make regulations specifying the extent to which the council's authority is not restricted under subsection (2).

(4) In making regulations under subsection (3), the Lieutenant Governor in Council may

(a) establish classes of persons, places, activities, passenger directed vehicles or transportation network services, and

(b) make different regulations for different classes established under paragraph (a) of this subsection.

Restrictions on authority to regulate in relation to passenger directed vehicles

"passenger directed vehicle" has the same meaning as in section 1 [definitions] of the Passenger Transportation Act;

"transportation network services" has the same meaning as in section 1 of the Passenger Transportation Act.

(2) Except to the extent provided by the regulations, if any, the council must not, by bylaw under section 317 (1) (j), (l) or (m) [by-laws respecting streets, traffic, carriers, parking and other matters], regulate in relation to passenger directed vehicles or transportation network services.

(3) The Lieutenant Governor in Council may make regulations specifying the extent to which the council's authority is not restricted under subsection (2).

(4) In making regulations under subsection (3), the Lieutenant Governor in Council may

(a) establish classes of persons, places, activities, passenger directed vehicles or transportation network services, and

(b) make different regulations for different classes established under paragraph (a) of this subsection.

Other Provision

SECTION 47: [section 276 of Community Charter does not apply] provides that section 276 of the Community Charter does not apply in relation to the amendments made by the Bill to the Community Charter and the Local Government Act.

Section 276 of Community Charter does not apply

47 Section 276 [required consultations] of the Community Charter does not apply in relation to the amendments made by this Act to the Community Charter and the Local Government Act.

SECTION 48: [Insurance Corporation Act, section 47] expands and clarifies the directions that the Lieutenant Governor in Council may issue to the British Columbia Utilities Commission in relation to the corporation.

48 Section 47 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended

(1) In addition to any other power the Lieutenant Governor in Council may have to issue directions to the commission, the Lieutenant Governor in Council may, by regulation, issue directions to the commission with respect to the exercise of the powers and the performance of the duties of the commission under this Act, the Insurance (Vehicle) Act and the Utilities Commission Act respecting the corporation, including, without limitation, a direction requiring the commission to exercise a power or perform a duty, or refrain from doing either, as specified in the regulation.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, by regulation, issue one or more of the following directions to the commission:

(a) establishing financial outcome targets for the corporation generally and for its optional insurance business in particular, including targets for the corporation's capital base, within the meaning of the Financial Institutions Act, and the corporation's profits, and directing the commission to accommodate those targets when regulating and fixing rates;

(b) identifying circumstances in which the commission is and is not to regulate and fix rates applicable to optional vehicle insurance;

(d) identifying activities the corporation may or must undertake on behalf of the government or under an enactment, and directing how the costs related to those activities must be treated in regulating and fixing rates;

(e) directing the commission to require the corporation to prepare a plan, in the manner and form, with the content and at the time or times required by the Lieutenant Governor in Council, setting out the steps the corporation will take to meet the financial outcome targets referred to in paragraph (a) of this subsection;

(f) directing or authorizing the commission to approve and monitor compliance with the plan referred to in paragraph (e) of this subsection. ,

(b) in subsection (3) (a) by striking out "or the Utilities Commission Act" and substituting ", the Insurance (Vehicle) Act or the Utilities Commission Act", and

SECTION 49: [Motor Vehicle Act, section 1] adds a defined term for the purposes of amendments made by this Bill to sections 33, 68 and 70 of the Act.

49 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definition:

"PDV policy" means a motor vehicle liability policy required under the Passenger Transportation Act in respect of passenger directed vehicles; .

SECTION 50: [Motor Vehicle Act, section 33] imposes a new duty under the section on persons who operate a motor vehicle under a passenger directed vehicle licence, consequential to amendments made by this Bill to the Passenger Transportation Act and section 7 of the Insurance (Vehicle) Act.

(a) a person driving or operating a motor vehicle exempted under section 2 (5), 8 or 10, or

(b a person driving or operating a motor vehicle of a fire department of a municipality,

must have all of the following in his or her possession at all times while driving or operating a motor vehicle on a highway:

(d) a motor vehicle liability insurance card or financial responsibility card, issued for the motor vehicle he or she is driving or operating, and

(e) if the person is driving or operating the motor vehicle under a passenger directed vehicle licence within the meaning of the Passenger Transportation Act, evidence that the motor vehicle is insured under a PDV policy.

(1.1) A person to whom subsection (1) applies must produce for inspection, on demand of a peace officer, the licence, certificate, card or evidence referred to in that subsection, as applicable.

SECTION 51: [Motor Vehicle Act, section 36] restricts municipal powers to regulate under the section in relation to passenger directed vehicles and transportation network services.

(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 this section, provide for the regulation of chauffeurs in relation to passenger directed vehicles or transportation network services, as those terms are defined in section 1 [definitions] of the Passenger Transportation Act.

SECTION 52: [Motor Vehicle Act, section 68] adds to subsection (1) (c) (iv) of the section a reference to a PDV policy, consequential to amendments by this Bill to the Passenger Transportation Act and to section 7 of the Insurance (Vehicle) Act.

52 Section 68 (1) (c) (iv) is amended by striking out "or financial responsibility card for that vehicle," and substituting ", financial responsibility card or, if applicable, PDV policy for that vehicle,".

SECTION 53: [Motor Vehicle Act, section 70] creates a new offence for producing evidence of a PDV policy that does not apply to the motor vehicle.

(a.1) produces, to a peace officer or constable, evidence that the motor vehicle is insured under a PDV policy, but the PDV policy does not apply to that vehicle; , and

(b) in subsection (2) by striking out "subsection (1) (a)" and substituting "subsection (1) (a) or (a.1)".

Transitional Provisions

SECTION 54: [Transition – restrictions on local government jurisdictions] provides as a transitional rule that existing bylaws made under specified provisions of the Community Charter, the Local Government Act, the Vancouver Charter and the Motor Vehicle Act have no effect to the extent they regulate in relation to passenger directed vehicles or transportation network services.

Transition – restrictions on local government jurisdiction

54 A bylaw made, before this section comes into force, under any of the following provisions has no effect, despite those provisions, to the extent the bylaw regulates in relation to passenger directed vehicles or transportation network services, as those terms are defined in section 1 of the Passenger Transportation Act:

(a) section 8 (6) [fundamental powers], 15 [licensing and standards authority] or 281 [regulations providing additional powers and exceptions] of the Community Charter;

(b) Division 2 [Licensing of Commercial Vehicles] or 3 [Regulation of Carriers] of Part 16 [Municipal Provisions] of the Local Government Act;

(c) section 272 (1) (a) or (e) [by-laws respecting business regulation and licensing] or 317 (1) (j), (l) or (m) [by-laws respecting streets, traffic, carriers, parking and other matters] of the Vancouver Charter;

SECTION 55: [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.

Transition – regulations

55 (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;

(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 Amendments

SECTION 56: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to replacing the Passenger Transportation Board with the British Columbia Passenger Transportation Commissioner, as provided by the repeal and replacement by this Bill of Part 3 of the Passenger Transportation Act.

56 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

SECTION 57: [Miscellaneous Statutes Amendment Act (No. 2), 2007, section 45] repeals a not in force provision.

57 Section 45 of the Miscellaneous Statutes Amendment Act (No. 2), 2007, S.B.C. 2007, c. 24 is repealed.

SECTION 58: [Public Sector Employers Act, Schedule] removes from the Schedule the reference to the Motor Carrier Commission.

58 The Schedule to the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by striking out "Motor Carrier Commission".

Commencement

59 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:

Explanatory Note