S-6.01, r. 2.3 - Pilot project concerning remunerated passenger transportation services requested exclusively using a mobile application

Full text
chapter S-6.01, r. 2.3
Pilot project concerning remunerated passenger transportation services requested exclusively using a mobile application
TRANSPORTATION SERVICES REMUNERATED — MOBILE APPLICATION
Act respecting transportation services by taxi
(chapter S-6.01, s. 89.1).
S-6.01
September 30 2016October 15 2016
DIVISION I
GENERAL
2016-16M.O. 2016-16.
1. The implementation of the Pilot project concerning remunerated passenger transportation services requested exclusively using a mobile application is authorized. Those services may be offered in the territory of the municipalities designated in Schedule I.
Pursuant to the Pilot project, a holder of a taxi transportation service intermediary’s permit issued by the Commission des transports du Québec or the Bureau de taxi de Montréal and referred to in Schedule I is authorized, as of the date of issue of the transportation service intermediary’s permit, to provide using exclusively a mobile application publicity services and request distribution services for remunerated passenger transportation services by automobile to the permit holder’s partners-drivers.
2016-16M.O. 2016-16, s. 1; 2019-02M.O. 2019-02, s. 1.
2. The purpose of the Pilot project is to experiment and innovate in the area of remunerated passenger transportation services requested using a mobile application, by ensuring that the provision of those services is managed in a manner that takes into account the needs of the public and the principle of equity toward permit holders operating under any permit at the time the Pilot project is implemented. The purpose of the Pilot project is to collect information on all the services offered by the permit holder, particularly as regards the safety and quality of the services offered, and to study the impact on transportation services by taxi.
2016-16M.O. 2016-16, s. 2.
3. The Minister of Transport authorizes the permit holder to make the permit holder’s mobile application available to the permit holder’s partners-drivers 50,000 hours per week, corresponding to the maximum number of hours of 300 taxi owner’s permits.
The duties payable to make the mobile application available for 0 to 50,000 hours during a week are $0.97 per trip begun during that interval.
Where the permit holder makes the permit holder’s application available for 50,000 to 100,000 hours during a week, the duties payable are $1.17 per trip begun during that interval.
Where the permit holder makes the permit holder’s mobile application available for more than 100,000 hours during a week, the duties payable are $1.33 per trip.
Where the permit holder makes the permit holder’s mobile application available for more than 150,000 hours during a week, that block of hours may be adjusted upward or downward, on the basis of the preliminary results, by amending the Pilot project.
For the purposes of the Pilot project, the week begins at midnight on Monday.
The hours are calculated by adding the minutes during which each partner-driver is connected to the permit holder’s mobile application.
2016-16M.O. 2016-16, s. 3; 2019-02M.O. 2019-02, s. 2.
4. The permit holder must pay the Minister a quarterly instalment of $1,100,000, representing the estimated duties payable for a quarter. The Minister establishes the actual amount of the duties payable for the quarter concerned. If the amount of the instalment is less than the actual amount of the duties payable for the quarter concerned, the permit holder must pay the difference in the following instalment. If the amount of the instalment is more than the actual amount of the duties payable for the quarter concerned, the permit holder deducts the difference from the following instalment.
2016-16M.O. 2016-16, s. 4.
4.1. Despite section 4, the first quarterly instalment to be paid to the Minister by a holder referred to in Schedule I may be $100,000. The holder may also pay that same amount as an instalment for the following quarters. However, the provisions of this paragraph cease to apply to holders who make more than 125,000 trips in the same quarter.
Despite section 3, when the quarterly instalment paid to the Minister is $100,000, the duties payable per trip begun during one of the weekly intervals where the mobile application is available are as follows:
(1)  0 to 50,000 hours: $1.17 per trip;
(2)  50,000 to 100,000 hours: $1.37 per trip;
(3)  more than 100,000 hours: $1.53 per trip.
A holder to whom the provisions of the first and second paragraphs apply may, on its own initiative, pay the Minister a quarterly instalment equivalent to the amount provided for in section 4. In that case, the duties payable to make the mobile application available for a week are those provided for in section 3.
2019-02M.O. 2019-02, s. 3.
DIVISION II
HOLDER OF AN INTERMEDIARY’S PERMIT
2016-16M.O. 2016-16.
5. The permit holder must comply at all times with any agreement made with the Agence du revenu du Québec to ensure compliance with government requirements regarding taxation.
2016-16M.O. 2016-16, s. 5.
6. The permit holder must ensure that every partnerdriver holds a Class 4C driver’s licence issued by the Société de l’assurance automobile du Québec in accordance with the Highway Safety Code (chapter C-24.2).
The permit holder must provide to every partner-driver an identification sticker to be affixed to the automobile used.
2016-16M.O. 2016-16, s. 6.
7. A police force in Québec issues, after a written application to that effect, a positive or negative search certificate to any partner-driver. The verification by the police force must be in regard to any sexual misconduct, failure to provide necessities of life, criminal operation of a motor vehicle, violent behaviour, criminal negligence, fraud, theft, arson and drug or narcotic-related offences.
In this Regulation,
(1)  positive search certificate  means a document attesting that the data banks accessible to the police force contain information making it possible to ascertain the existence of an impediment referred to in section 30;
(2)  negative search certificate means a document showing the absence of an impediment referred to in section 30.
A certificate referred to in the first paragraph must bear the signature of a person authorized to complete it on behalf of a police force in Québec, the contact information of that police force, an identification number and the date on which it was produced. The certificate must contain the name, date of birth and address of the applicant and specify the nature of any indictment or conviction for a criminal or indictable offence that constitutes an impediment under section 30.
2016-16M.O. 2016-16, s. 7; 2017-09M.O. 2017-09, s. 1.
7.1. The permit holder must ensure that every partner-driver has been the subject of a verification of judicial record compliant with sections 7 and 30 by requesting from the partner-driver the certificate referred to in section 7.
Where the permit holder receives a positive search certificate containing an impediment under section 30, the permit holder must, while ensuring that the Charter of human rights and freedoms (chapter C-12) is complied with, refuse or revoke the registration of the partner-driver.
The permit holder must require that every partner-driver immediately inform the permit holder, in writing, of any impediment to maintaining the registration.
2017-09M.O. 2017-09, s. 2.
7.2. Despite section 7.1, the permit holder may register a partner-driver to whom a positive or negative search certificate has not yet been issued if the following conditions are met:
(1)  the partner-driver meets the other conditions for registration and registration maintenance provided for in the Pilot project;
(2)  the permit holder must, before registering a partner-driver, have the partner-driver sign a declaration of the absence of a judicial record and obtain proof that the application for verification provided for in section 7 has been conducted with a police force in Québec;
(3)  the permit holder must verify the record of the partner-driver by consulting the court record.
Where the permit holder notes an impediment under section 30 during the consultation provided for in subparagraph 3 of the first paragraph, the permit holder must refuse the registration of the partner-driver.
If the permit holder has not been able to meet the requirement provided for in section 7.1 on the expiry of 8 weeks following the registration of the partner-driver, registration must be revoked by the permit holder.
2017-09M.O. 2017-09, s. 2.
8. The permit holder must have, under section 84 of the Automobile Insurance Act (chapter A-25), a liability insurance contract guaranteeing compensation for property damage caused by the automobiles used by partners-drivers when providing remunerated passenger transportation services and such contract must comply with any other condition or restriction imposed by the Autorité des marchés financiers. The provisions of Title III of the Automobile Insurance Act concerning the owner then apply to the permit holder, with the necessary modifications.
For the purposes of the first paragraph, remunerated transportation begins when the partner-driver connects to the permit holder’s mobile application and ends when the partner-driver disconnects.
Where the permit holder fails to hold the liability insurance contract, the permit holder is no longer authorized to provide by mobile application to partners-drivers publicity services and request distribution services for remunerated passenger transportation services.
2016-16M.O. 2016-16, s. 8.
9. The permit holder must ensure that the automobile used to provide the remunerated passenger transportation services is registered by the Société de l’assurance automobile du Québec in accordance with the Highway Safety Code (chapter C-24.2) and that the automobile has undergone a mechanical inspection by a certified mechanic in accordance with section 33.
2016-16M.O. 2016-16, s. 9.
10. The permit holder must ensure that the partner-driver provides remunerated passenger transportation services using an automobile
(1)  whose model has been on the market for not more than 10 years;
(2)  whose odometer does not indicate more than 350,000 km;
(3)  which meets the requirements of the Motor Vehicle Safety Act (S.C. 1993, c. 16);
(4)  which is equipped by the manufacturer with at least 4 safety belts;
(5)  which has a solid roof; and
(6)  which has at least 4 side doors.
2016-16M.O. 2016-16, s. 10.
11. The permit holder must provide each partner-driver with training of at least 35 hours pertaining in particular to
(1)  the operation of the mobile application;
(2)  the quality of the services offered;
(3)  the legal framework of the Pilot project;
(4)  the prohibitions referred to in section 39;
(5)  the management of the automobile’s operations, including the mechanical inspection of the automobile;
(6)  the transportation of persons with disabilities; and
(7)  the fiscal responsibilities of a partner-driver.
The training referred to in subparagraph 6 of the first paragraph must be at least 7 hours.
At the end of the training period, the permit holder must evaluate the knowledge acquired by a partner-driver and issue to the partner-driver a training certificate confirming the successful completion of the evaluation, if applicable. The certificate may be issued on an information-based medium.
2016-16M.O. 2016-16, s. 11; 2017-09M.O. 2017-09, s. 3.
11.1. Before providing training to the partners-drivers, the permit holder must submit to the Minister, for approval,
(1)  the content of the training;
(2)  the documents supporting the training for partners-drivers and trainers;
(3)  the other educational tools;
(4)  the evaluation;
(5)  the list of trainers;
(6)  the process for selecting trainers; and
(7)  any other information requested by the Minister for approval.
For the duration of the Pilot project, any change to the elements referred to in subparagraphs 1 to 6 of the first paragraph must be approved by the Minister before being implemented.
2017-09M.O. 2017-09, s. 3.
12. The permit holder must revoke a partner-driver’s registration if the partner-driver fails to comply with one of the requirements provided for in sections 29, 30, 32 to 35 and 45 to 47.
A peace officer, a highway controller designated by the Société de l’assurance automobile du Québec, a person specially authorized by the Minister or an employee authorized for that purpose by a municipal or supramunicipal authority responsible for the administration of the Act may send to the permit holder the information concerning any offence committed by a partner-driver.
2016-16M.O. 2016-16, s. 12; 2017-09M.O. 2017-09, s. 4.
13. The permit holder may not offer remunerated passenger transportation services if the pick-up point of the trip is located outside the territory of the municipalities designated in Schedule I. The destination of the trip may be located outside the limits of the territory of those municipalities.
2016-16M.O. 2016-16, s. 13.
14. The permit holder may offer to transport several persons who separately requested a trip to the same destination, or to several destinations within the same route, on the condition that the mobile application allows each customer to agree in advance to share the cost of the trip.
2016-16M.O. 2016-16, s. 14.
15. The permit holder must impose a rate of $3.45 per trip, corresponding to the pick-up charge rate fixed under section 60 of the Act respecting transportation services by taxi (chapter S-6.01). Any change in the pick-up charge rate fixed under section 60 of the Act automatically applies to the rate that the permit holder must impose.
2016-16M.O. 2016-16, s. 15.
16. The permit holder’s basic rate is $0.85 for each kilometre travelled and $0.20 for each minute of waiting time. The dynamic rate fixed by the permit holder is the product of the permit holder’s basic rate multiplied by the factor determined by the permit holder.
The permit holder informs the Minister of any change to the basic rate. The permit holder publishes the basic rate and any change to the rate on the permit holder’s website and mobile application.
2016-16M.O. 2016-16, s. 16.
17. The estimate of the price of a trip indicated by the mobile application must include the total of
(1)  the rate provided for in section 15;
(2)  the dynamic rate fixed by the permit holder for each kilometre travelled;
(3)  the dynamic rate fixed by the permit holder for the waiting time;
(4)  where applicable, the toll for using a bridge, road or ferry; and
(5)  any other expense determined by the permit holder.
The amounts provided for in subparagraphs 1 to 5 of the first paragraph must be broken down on an invoice sent electronically to the customer at the end of a trip. The invoice sent to the customer must also indicate the amount of any goods and services tax and Québec sales tax applicable, and the partner-driver’s goods and services tax and Québec sales tax registration numbers.
2016-16M.O. 2016-16, s. 17.
18. In the case of a superior force, the permit holder may multiply the basic rate provided for in section 16 by a factor of not more than 1.5. Superior force means unforeseeable and irresistible events that significantly disturb or paralyze traffic or public transit.
2016-16M.O. 2016-16, s. 18.
19. Upon the registration of a partner-driver for the mobile application, the permit holder records, in the data bank kept for that purpose, the information necessary for the purposes of sections 7.2, 29, 30, 32, 33, 35 and 45 to 47 relating to the partner-driver, the automobile used and its owner. The permit holder also records in the data bank any change to the information, the list of certified mechanics and establishments where mechanical inspections are conducted.
Where the registration of a partner-driver is revoked by the permit holder in accordance with section 7.1, 7.2 or 12, the permit holder records the information in the data bank kept under the first paragraph.
2016-16M.O. 2016-16, s. 19; 2017-09M.O. 2017-09, s. 5.
20. The permit holder must give a peace officer, a highway controller designated by the Société de l’assurance automobile du Québec, a person specially authorized by the Minister or an employee authorized for that purpose by a municipal or supramunicipal authority responsible for the administration of the Act access at all times to the data bank kept under section 19 and produce, on request, a document containing an excerpt from the bank.
2016-16M.O. 2016-16, s. 20.
21. The permit holder must not obstruct, in any manner, the action of a person referred to in section 20, in particular by misleading that person by concealment or false declarations, by refusing to provide to that person information or documents that the person may require or examine, or by concealing or destroying a document or property concerned by an inspection or inquiry.
2016-16M.O. 2016-16, s. 21.
22. At the end of a week, the permit holder must send to the Minister the number of hours and minutes during which the partners-drivers were connected to the permit holder’s mobile application.
2016-16M.O. 2016-16, s. 22.
23. For each agglomeration where the permit holder offers services, the permit holder must send to the Minister on the fifteenth day of each month a monthly report complying with Schedule II and indicating
(1)  the total number of trips requested and the total number of trips made;
(2)  the average time elapsed between the receipt of a request and the pick-up charge of the customer; and
(3)  the average number of kilometres travelled, duration and total cost of a trip.
2016-16M.O. 2016-16, s. 23; 2017-09M.O. 2017-09, s. 6.
24. The permit holder must send to the Minister on the fifteenth day of each month, according to the form and tenor fixed by the Minister, a monthly report indicating
(1)  the number of trips made by each partner-driver during the first 50,000 hours/week, over 50,000 without exceeding 100,000 hours/week, over 100,000 without exceeding 150,000 hours/week, and over 150,000 hours/week;
(2)  the amounts paid to each partner-driver by the permit holder;
(3)  the number of requests and the number of trips made to serve persons with disabilities; and
(4)  the description of the events of superior force, by municipality, that led the permit holder to limit the increase in the basic dynamic rate, and the limiting factor applied
The permit holder must send to the Minister, 30 days after the end of a quarter, a quarterly report containing the information provided for in subparagraph 1 to 4 of the first paragraph.
2016-16M.O. 2016-16, s. 24; 2017-09M.O. 2017-09, s. 7.
25. The permit holder must send to the Minister, 30 days after the end of a quarter, according to the form and tenor fixed by the Minister, a quarterly report containing
(1)  the follow-up of the costs incurred by the permit holder for the application of the standards and rules prescribed by the Pilot project;
(2)  the number of partners-drivers who terminated their registration for the mobile application, the number of partners-drivers whose registration was revoked by the permit holder and the number of partners-drivers registered with the permit holder;
(3)  the make, model, year and odometer reading of the automobiles used by the partners-drivers;
(4)  the assessments conducted by the customers;
(5)  the number of partners-drivers having successfully completed the training provided for in section 11 and the number of partners-drivers having failed; and
(6)  the number and nature of the prior offences noted in each search certificate issued by a police force in Québec and the decision rendered by the permit holder regarding the registration or maintenance of a person.
2016-16M.O. 2016-16, s. 25; 2017-09M.O. 2017-09, s. 8.
26. The permit holder must keep the following information for 5 years:
(1)  the date and time of each trip request;
(2)  the time elapsed between the receipt of each request and the pick-up charge of the customer;
(3)  the number of kilometres travelled, and the duration and cost of each trip;
(4)  the geographic coordinates of the pick-up point and the destination;
(5)  the number of minutes during which each partner-driver was connected to the permit holder’s mobile application;
(6)  the log of the date, time, and duration of each connection of a partner-driver;
(7)  the information necessary for the purposes of section 29, 30, 32, 33, 35 and 45 to 47 relating to the partner-driver, the automobile used and its owner.
For the purposes of the Pilot project, the Minister or any person referred to in section 20 may, if needed, collect information provided for in subparagraphs 1 to 7 of the first paragraph.
2016-16M.O. 2016-16, s. 26; 2017-09M.O. 2017-09, s. 9.
27. At the end of the Pilot project, the permit holder sends to the Minister a report indicating the measures taken to ensure the safety and quality of the services offered to customers, the assessment of the application of the standards and rules prescribed by the Pilot project, and the number of complaints received and processed.
2016-16M.O. 2016-16, s. 27.
28. The permit holder must send to the Minister within the prescribed period any information that the Minister deems necessary for the purposes of the follow-up and evaluation of the Pilot project.
2016-16M.O. 2016-16, s. 28.
DIVISION III
PARTNERS-DRIVERS
2016-16M.O. 2016-16.
29. A partner-driver is a person registered as such with the permit holder. The partner-driver is not required to hold a taxi owner’s permit or a taxi driver’s permit issued under the Act.
Partners-drivers must hold a Class 4C driver’s licence issued by the Société de l’assurance automobile du Québec in accordance with the Highway Safety Code (chapter C-24.2) to obtain or maintain their registration for the mobile application.
2016-16M.O. 2016-16, s. 29.
30. To obtain or maintain their registration for the mobile application, partners-drivers must not, in the last 5 years, have been convicted of or charged with
(1)  a criminal offence or an indictable offence committed in connection with the operation of remunerated passenger transportation services;
(2)  a criminal offence or an indictable offence connected with the aptitudes and conduct required to provide remunerated passenger transportation services or to carry on the occupation of taxi driver; or
(3)  a criminal offence or an indictable offence related to the traffic of narcotics, their importation or exportation as well as poppy and cannabis production, and provided for as the case may be in sections 5, 6 and 7 of the Controlled Drugs and Substances Act (S.C. 1996, c. 19).
Where a partner-driver is charged with or convicted of a criminal offence or an indictable offence, he or she must inform, in writing, the permit holder without delay.
2016-16M.O. 2016-16, s. 30; 2017-09M.O. 2017-09, s. 10.
31. Section 8 does not release partners-drivers from the requirement to have a liability insurance contract under section 84 of the Automobile Insurance Act (chapter A-25) when required that need not cover the risks related to remunerated passenger transportation requested using the permit holder’s mobile application.
2016-16M.O. 2016-16, s. 31.
32. Partners-drivers must provide remunerated passenger transportation using an automobile which meets the requirements provided for in section 10.
2016-16M.O. 2016-16, s. 32.
33. To obtain or renew their registration for the mobile application, partners-drivers must have the automobile they use undergo, every 12 months, a mechanical inspection in accordance with the standards prescribed in Divisions III and V of Chapter II of the Regulation respecting safety standards for road vehicles (chapter C-24.2, r. 32), with the necessary modifications. That inspection must be carried out by certified mechanics.
Following the mechanical inspection of the automobile, the certified mechanic issues a mechanical inspection report and informs the partner-driver of the results of the inspection.
Where the mechanical inspection indicates that the automobile has a defect, the partner-driver or the automobile’s owner must make the necessary repairs or have them made before the automobile can be put back into operation. However, in the case of a minor defect, the automobile may be put back into operation if the repairs are made within 48 hours from the issue of the inspection report. After the repairs are made, the partner-driver must obtain from a certified mechanic a certificate attesting that the automobile is in compliance.
Partners-drivers must keep in the automobile the mechanical inspection report attesting that the automobile is in compliance.
For the purposes of this section, a certified mechanic is a person who meets one of the following requirements:
(1)  hold a valid certificate of qualification issued by a parity committee under the Act respecting collective agreement decrees (chapter D-2) certifying that the person is a qualified journeyman mechanic or general road vehicle mechanic;
(2)  hold a vocational studies diploma in road vehicle mechanics and have 2 years’ experience in road vehicle mechanism repair; or
(3)  have been employed for the last 5 years in the field of road vehicle mechanism repair, and have been fully responsible for the work carried on for the last 3 years.
2016-16M.O. 2016-16, s. 33; 2017-09M.O. 2017-09, s. 11.
34. Partners-drivers who provide remunerated passenger transportation must affix the sticker provided by the permit holder to the lower right portion of their automobile’s rear window only when they are connected to the permit holder’s mobile application.
2016-16M.O. 2016-16, s. 34; 2017-09M.O. 2017-09, s. 12.
34.1. Every partner-driver is prohibited from equipping the automobile used with a dome light or an illuminated sign.
2017-09M.O. 2017-09, s. 13.
35. To be registered for the mobile application, partners-drivers must undergo the permit holder’s training provided for in section 11.
Partners-drivers must have in their possession their training certificate confirming successful completion. They must, on request, present the certificate to any person referred to in section 20. The certificate may be produced on an information-based medium.
2016-16M.O. 2016-16, s. 35; 2017-09M.O. 2017-09, s. 14.
36. Partners-drivers are presumed to be providing or offering remunerated passenger transportation when they are connected to the permit holder’s mobile application or where the sticker referred to in section 34 is affixed to the automobile used.
2016-16M.O. 2016-16, s. 36; 2017-09M.O. 2017-09, s. 15.
37. Partners-drivers must not be connected to the permit holder’s mobile application when they do not intend to provide remunerated passenger transportation.
2016-16M.O. 2016-16, s. 37.
38. No partner-driver may obstruct, in any manner, the action of a person referred to in section 20, in particular by misleading that person by concealment or false declarations, by refusing to provide to that person information or documents that the person may require or examine, or by concealing or destroying a document or property concerned by an inspection or inquiry.
2016-16M.O. 2016-16, s. 38.
39. Partners-drivers may not offer or provide remunerated transportation services if those services are not requested using the permit holder’s mobile application or are exclusively reserved for holders of a taxi owner’s permit or a taxi driver’s permit referred to in the Act.
Trips hailed on streets, waiting in areas reserved for taxis, requests for service by phone, access to taxi lanes, shared transportation services, and government and municipal contracts for passenger transportation services are exclusively reserved for holders of a taxi owner’s permit or a taxi driver’s permit referred to in the Act.
2016-16M.O. 2016-16, s. 39.
DIVISION V
OFFENCES
2016-16M.O. 2016-16.
40. The permit holder who
(1)  fails to take measures so that the mobile application only allows that the origin of a trip be located in the territory of a municipality designated in Schedule I;
(2)  fails to comply with any of the requirements provided for in sections 6, 9 and 10;
(3)  fails to provide to a partner-driver training in accordance with section 11;
(3.1)  fails to submit, in advance, to the Minister the documents and information required under section 11.1;
(4)  fails to comply with any of the requirements provided for in section 7.1 or 7.2;
(5)  fails to revoke a partner-driver’s registration for the mobile application in accordance with section 12;
(6)  fails to provide a partner-driver with the sticker described in section 34;
(7)  fails to take measures to ensure that the mobile application indicates the total estimate of the price of a trip, as provided for in section 17, or fails to give the customer an invoice in accordance with that section;
(8)  fails to impose the rate provided for in sections 15 or fails to comply with the factor provided for in section 18 in the case of a superior force;
(9)  fails to give access to the permit holder’s data bank kept under section 19 or to produce a document containing an excerpt from the bank;
(10)  obstructs, in any manner, the action of a person referred to in section 20; or
(11)  fails to send or keep the information provided for in sections 22 to 28;
is guilty of an offence and liable to a fine of $1,000 to $3,000.
2016-16M.O. 2016-16, s. 40; 2017-09M.O. 2017-09, s. 16.
41. Every partner-driver who
(1)  fails to hold a Class 4C driver’s licence,
(2)  provides remunerated passenger transportation services while failing to inform the permit holder that the partner-driver was charged with or convicted of a criminal offence or an indictable offence referred to in section 30,
(3)  does not comply with the requirement in section 32,
(4)  fails to have the automobile used undergo, every 12 months the mechanical inspection provided for in section 33 or puts back into operation an automobile that has a defect without complying with that section,
(4.1)  fails to comply with section 34.1,
(5)  has not undergone the training provided for in section 35,
(6)  fails to affix the sticker to the lower right portion of the automobile’s rear window,
(7)  obstructs, in any manner, the action of a person referred to in section 20, or
(8)  (paragraph revoked).
is guilty of an offence and liable to a fine of $700 to $3,000.
2016-16M.O. 2016-16, s. 41; 2017-09M.O. 2017-09, s. 17.
42. Every partner-driver who fails to keep in the automobile the mechanical inspection report attesting that the automobile is in compliance is guilty of an offence and liable to a fine of $350 to $1,050.
2016-16M.O. 2016-16, s. 42.
43. Every certified mechanic who issues a mechanical inspection report containing false or inaccurate information on the condition of the automobile inspected is guilty of an offence and liable to a fine of $300 to $600.
2016-16M.O. 2016-16, s. 43.
44. In the case of a subsequent offence under sections 40 to 43, the minimum fine is doubled.
2016-16M.O. 2016-16, s. 44.
44.1. Any partner-driver offering or providing remunerated transportation services that are not requested using the permit holder’s mobile application or are exclusively reserved, under section 39, for holders of a taxi owner’s permit or a taxi driver’s permit referred to in the Act is subject to the penalties provided for in Chapter XIII of the Act.
2017-09M.O. 2017-09, s. 18.
DIVISION VI
TRANSITIONAL, MISCELLANEOUS AND FINAL
2016-16M.O. 2016-16.
45. Persons registered with the permit holder on 17 August 2016 have until 9 December 2016 to meet the requirements provided for in sections 29, 33 and 35. The permit holder sends to the Minister without delay the list of the persons registered on 17 August 2016.
2016-16M.O. 2016-16, s. 45.
46. All persons registered with the permit holder, if they are able to show that the medical examination required by the Société de l’assurance automobile du Québec delays the issue of their Class 4 C driver’s licence, are exempted, for a period of 90 days following the registration, from the requirement to be the holder of a Class 4C driver’s licence. To use that exemption, the persons must provide to the permit holder a document confirming the date of the medical appointment.
2016-16M.O. 2016-16, s. 46; 2017-09M.O. 2017-09, s. 19.
47. The persons registered with the permit holder on 14 October 2017 must undergo the verification provided for in section 7.1 within 2 years following the last verification of judicial record carried out by the permit holder.
The first paragraph does not release the partner-driver from the requirement provided for in the second paragraph of section 30.
2016-16M.O. 2016-16, s. 47; 2017-09M.O. 2017-09, s. 20; 2017-10M.O. 2017-10, s. 1.
47.1. Persons registered with the permit holder between 15 October 2017 and 14 January 2018 have until 14 January 2018 to meet the requirement provided for in the first paragraph of section 35.
The permit holder has until 14 January 2018 to meet the requirements provided for in sections 11 and 11.1.
2017-09M.O. 2017-09, s. 21.
48. The duties referred to in section 3 are payable to the Minister and are allocated to financing the modernization of transportation services by taxi.
2016-16M.O. 2016-16, s. 48.
49. The Société de l’assurance automobile du Québec and every municipal or supramunicipal authority responsible for the administration of the Act must make available to the Minister all information necessary for the Minister to make any decision within the framework of the Pilot project.
2016-16M.O. 2016-16, s. 49.
50. Until such time as an agreement is entered into under sections 519.65, 519.66 and 519.67 of the Highway Safety Code (chapter C-24.2), highway controllers designated by the Société de l’assurance automobile du Québec are peace officers authorized to control the application of the Pilot project. For that purpose, they may exercise the powers of inspection and inquiry provided for in sections 66, 67 and 67.1 of the Act and have the immunity provided for in section 67.2 of the Act.
2016-16M.O. 2016-16, s. 50.
51. The rules of this Pilot project prevail over any inconsistent provision of the Act, its regulations, and the regulations of every municipal or supramunicipal authority.
A municipal or supramunicipal authority may not exercise any of the powers conferred on it under the second paragraph of section 89 of the Act and under subparagraphs 3 to 5, 7 to 13, 15 and 16 to 17 of the first paragraph of section 88 of the Act with regard to remunerated passenger transportation services requested using a mobile application referred to in the Pilot project.
2016-16M.O. 2016-16, s. 51.
52. The requirements provided for in sections 34, 34.1, 50, 59, 59.1 and 59.2 of the Act and in sections 36, 39, 59, 60, 61, 62 and 63 of the Taxi Transportation Regulation (chapter S-6.01, r. 3) do not apply to the permit holder.
2016-16M.O. 2016-16, s. 52.
53. Regulations enacted by a municipal or supramunicipal authority under section 88 or 89 of the Act do not apply to the permit holder or to partners-drivers.
2016-16M.O. 2016-16, s. 53.
54. Until the date of issue of the taxi transportation service intermediary’s permit to the permit holder designated in Schedule I, every natural person who offers or provides remunerated passenger transportation services using an automobile other than the automobile attached to the taxi owner’s permit or without holding the driver’s licence of the appropriate class and a taxi driver’s permit issued under the Act is subject to the penalties provided for in Chapter XIII of the Act.
2016-16M.O. 2016-16, s. 54.
55. The permit holder must send to the Minister a notice informing the Minister of the issue of the taxi transportation service intermediary’s permit. The permit holder must attach to that notice a copy of the permit.
2016-16M.O. 2016-16, s. 55.
56. The Minister and the Commission des transports publish on their website a notice confirming the issue of the taxi transportation service intermediary’s permit to the permit holder.
2016-16M.O. 2016-16, s. 56.
57. This Pilot project ends on 14 October 2019.
2016-16M.O. 2016-16, s. 57; 2017-09M.O. 2017-09, s. 22; 2018-23M.O. 2018-23, s. 1.
This Pilot project remains in force until 10 October 2020, unless the Minister of Transport terminates it before that date. (S.Q. 2019, c. 18, s. 297)
SCHEDULE I
(ss. 1, 13, 24, 40 and 54)
MUNICIPALITIES
Baie-D’Urfé
Beaconsfield
Blainville
Bois-des-Filion
Boisbriand
Boucherville
Brossard
Candiac
Carignan
Chambly
Côte-Saint-Luc
Delson
Deux-Montagnes
Dollard-des-Ormeaux
Dorval
Gatineau
Hampstead
Île-Dorval
Kirkland
L’Ancienne-Lorette
L’Île-Cadieux
L’Île-Perrot
La Prairie
Laval
Longueuil
Lorraine
Mascouche
Montréal
Montréal-Est
Montréal-Ouest
Mont-Royal
Notre-Dame-de-l’Île-Perrot
Oka
Pincourt
Pointe-Calumet
Pointe-Claire
Pointe-des-Cascades
Québec
Rosemère
Saint-Amable
Saint-Augustin-de-Desmaures
Saint-Basile-le-Grand
Saint-Bruno-de-Montarville
Saint-Constant
Saint-Eustache
Saint-Joseph-du-Lac
Saint-Lambert
Saint-Placide
Sainte-Anne-de-Bellevue
Sainte-Catherine
Sainte-Julie
Sainte-Marthe-sur-le-Lac
Sainte-Thérèse
Senneville
Terrasse-Vaudreuil
Terrebonne
Vaudreuil-Dorion
Vaudreuil-sur-le-Lac
Westmount
HOLDERS OF A TRANSPORTATION SERVICE INTERMEDIARY’S PERMIT:
Uber Canada inc.
Coop de solidarité Eva
2016-16M.O. 2016-16, Sch. I; 2019-02M.O. 2019-02, s. 4.
SCHEDULE II
(s. 23)
MONTHLY REPORT
MONTH : _________
MUNICIPALITY : ____________
       
ScheduleNumber of
trips made
Average
time before
pick-up
charge
(minutes)
Average
number of
kilometres
travelled
during a trip
Average
duration of
a trip
(minutes)
Average
cost of a
trip ($)
Number of
trips
requested
6:00 a.m. and
9:00 a.m.
      
9:01 a.m. and
1:00 p.m.
      
1:01 p.m. and
4:00 p.m
      
4:01 p.m. and
7:00 p.m.
      
7:01 p.m. and
3:00 a.m.
      
3:01 a.m. and
5:59 a.m.
      
Total      
       
2016-16M.O. 2016-16, Sch. II.
REFERENCES
M.O. 2016-16, 2016 G.O. 2, 3469A
M.O. 2017-09, 2017 G.O. 2, 2979A
M.O. 2017-10, 2017 G.O. 2, 3245A
M.O. 2018-23, 2018 G.O. 2, 5027A
M.O. 2019-02, 2019 G.O. 2, 136
S.Q. 2019, c. 18, s. 297