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

1 Section 36 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended by adding the following subsection:

(1.1) Despite the reference to Part 5 in subsection (1) (c) (ii)

(a) the holder of a temporary operating permit and a person who drives a motor vehicle as a passenger directed vehicle under a temporary operating permit must comply with section 42.2 [prescribed record checks required for drivers of passenger directed vehicles], and any regulations made for the purposes of that section, as if

(i) the temporary operating permit were a licence, and

(ii) the permit holder were a licensee, and

(b) section 42.21 [review of acquired record or results of prescribed record checks], and any regulations made for the purposes of that section, applies in relation to a person who drives a motor vehicle as a passenger directed vehicle under a temporary operating permit, as if

(i) the temporary operating permit were a licence, and

(ii) the permit holder were a licensee.

2 Section 42.2 (4) (b) is amended by striking out "under subsection (3)" and substituting "under this Part".

3 The following section is added:

Review of acquired record or results of prescribed record checks

42.21 (1) A person who has undergone the prescribed record checks under section 42.2 (1) (a) [prescribed record checks required for drivers of passenger directed vehicles], or who acquires a record that appears to include a prescribed matter, may request that the registrar review the acquired record or the results of one or more of the record checks if

(a) it is uncertain whether the person has a record that includes a prescribed matter, or

(b) the person has a record that includes a prescribed matter and the person believes that the matter is unrelated to the person's work or intended work as a driver of a passenger directed vehicle.

(2) A request under subsection (1) must include any information that the registrar may require.

(3) After reviewing a request made under subsection (1), the registrar must determine the following:

(a) if subsection (1) (a) applies, whether the person has a record that includes a prescribed matter;

(b) if subsection (1) (b) applies or the registrar determines under paragraph (a) of this subsection that the person has a record that includes a prescribed matter, whether the matter is unrelated to the person's work or intended work as a driver of a passenger directed vehicle and, for this purpose, the registrar must take into account public safety.

(4) A licensee may issue to a person a record check certificate that sets out the prescribed information if the registrar determines under subsection (3) that

(a) the person does not have a record that includes a prescribed matter, or

(b) the person has a record that includes a prescribed matter but the prescribed matter is unrelated to the person's work or intended work as a driver of a passenger directed vehicle.

4 Section 42.3 (a) is amended by striking out "under section 42.2 (3)" and substituting "under this Part".

5 Section 59.4 is amended

(a) by striking out "The Lieutenant Governor in Council may make regulations for the purposes of section 42.2 [prescribed record checks required for drivers of passenger directed vehicles] as follows" and substituting "The Lieutenant Governor in Council may make regulations as follows respecting record checks for drivers of passenger directed vehicles", and

(b) by adding the following paragraphs:

(d) prescribing timelines and other procedural requirements applicable to a request made under section 42.21 (1) [review of acquired record or results of prescribed record checks];

(e) prescribing notification requirements in respect of a determination made under section 42.21 (3) [determination by registrar].

Commencement

6 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

CLAUSE 1: [Passenger Transportation Act, section 36] provides that

(a) the holder of a temporary operating permit and any person who drives a motor vehicle as a passenger directed vehicle under a temporary operating permit must undergo the prescribed record checks, and

(b) any person who drives a motor vehicle as a passenger directed vehicle under a temporary operating permit may make a request to the registrar to review an acquired record or the results of one or more record checks.

CLAUSE 2: [Passenger Transportation Act, section 42.2] replaces the reference to section 42.2 (3) in section 42.2 (4) (b) with a reference to "this Part".

CLAUSE 3: [Passenger Transportation Act, section 42.21] adds a provision to allow a person who has undergone the prescribed record checks, or who acquires a record that appears to include a prescribed matter, to request that the registrar review the acquired record or the results of one or more prescribed record checks.

CLAUSE 4: [Passenger Transportation Act, section 42.3] replaces the reference to section 42.2 (3) in section 42.3 (a) with a reference to "this Part".

CLAUSE 5: [Passenger Transportation Act, section 59.4] provides the Lieutenant Governor in Council with additional regulation-making powers in respect of the registrar's review of an acquired record or the results of prescribed record checks.