t-12, r. 15 - Regulation respecting the transport of passengers by water

Updated to 1 September 2012

This document has official status.

chapter T-12, r. 15

Regulation respecting the transport of passengers by water

Transport Act

(chapter T-12, s. 5).

The fees prescribed in the Regulation have been indexed as of 1 January 2011 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 31 December 2010, page 1480. (s. 6)

1. To carry on the remunerated transport of passengers by water, a person shall hold a permit for the transport of passengers by water.

A person who rents out any means of transportation to be used to transport persons by water shall also hold a permit for the transport of passengers by water, except where the lessee or charterer holds such a permit.

O.C. 147-98, s. 1.

2. No permit is required in the following cases:

(1)  the rental of a pleasure craft without crew;

(2)  white-water rafting in a non-motorized craft or any other water sport;

(3)  transport by water provided by

(a)  the holder of an outfitter’s licence in connection with activities incidental to the outfitting operation;

(b)  an agency having signed a lease granting it exclusive fishing rights for purposes other than outfitting activities under subparagraph 5 of the second paragraph of section 86.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1);

(c)  an agency to which the management of a controlled zone has been entrusted, in whole or in part, pursuant to section 106 of the Act respecting the conservation and development of wildlife;

(d)  a person, an association or a body or agency authorized by contract to organize activities or provide services for profit or operate a commercial undertaking with a view to the development or utilization of wildlife or its habitat, as the case may be, or for the purposes of recreational activities pursuant to sections 109, 118 and 127 of the Act respecting the conservation and development of wildlife;

(e)  the Société des établissements de plein air du Québec or its mandataries; or

(f)  a person, an association or a body authorized by contract to operate a business, provide a service or organize an activity pursuant to section 8.1 of the Parks Act (chapter P-9); and

(4)  transport of marine pilots.

For the purposes of subparagraph 2 of the first paragraph, “water sport” means any physical activity involving the use of a craft on various bodies of water, provided by a person who is a member of a sports body that has adopted a safety regulation approved pursuant to section 27 of the Act respecting safety in sports (chapter S-3.1) or by a person who is a member of a sports body affiliated to a sports federation that has adopted such a regulation approved pursuant to section 27 of that Act.

O.C. 147-98, s. 2; O.C. 1313-2009, s. 1.

3. The Commission shall issue or transfer a permit for the transport of passengers by water to a person who applies therefor on the form used by the Commission, where it considers that the person meets the following criteria:

(1)  (paragraph revoked);

(2)  he submits to the Commission a certificate of insurance attesting that each of the ships for which he is applying for a permit is covered, for the period of operation of the service authorized by the permit, by a marine civil liability insurance policy (protection and indemnity coverage) with a minimum guarantee limit of $5,000,000 for ships whose capacity is greater than 12 passengers or a minimum guarantee limit of $1,000,000 in the case of other ships;

(3)  he provides the Commission with a certified true copy of a rider to the insurance policies stipulating that the policies may not be cancelled and that the coverage may not be reduced except where 30 days’ notice is officially given in writing to the secretariat of the Commission at its head office;

(4)  he attests in a document that each ship and its crew to be used in providing the service meet the requirements of the federal regulations relating to the inspection, capacity and safety of ships and the competence of their crew;

(5)  he establishes the real and urgent necessity for an additional service for each of the ships to be used, if applicable, where he offers passengers a ferry service competing with another ferry service.

O.C. 147-98, s. 3; O.C. 1313-2009, s. 2.

4. A permit for the transport of passengers by water authorizes the holder, in accordance with its content, to carry on the remunerated transport of passengers by water and to rent out any means of transportation to be used to transport persons by water.

A ferry service may not be offered to passengers unless it is expressly authorized by the permit.

For the purposes of paragraph 5 of section 3 and the second paragraph of this section, “ferry service” means a transportation service by water for passengers that includes the roll-on/roll-off loading of motor vehicles by the passengers.

O.C. 147-98, s. 4.

5. A permit for the transport of passengers by water shall be issued for a maximum period of one year and shall expire on 31 May each year.

O.C. 147-98, s. 5.

6. A permit for the transport of passengers by water may be renewed in accordance with section 37.3 of the Transport Act (chapter T-12), in the manner in which it was issued and on the same conditions.

Where a permit has not been renewed by 15 July by reason of incomplete documentary evidence in the record, the applicant shall pay to the Commission an additional fee of $203 and shall complete the record within the time period indicated by the Commission.

Where the documentary evidence in the record is still incomplete at the expiry of the time period indicated, the Commission shall refuse the application for renewal.

O.C. 147-98, s. 6; O.C. 1313-2009, s. 3.

7. Where the Commission issues, renews or transfers a permit for the transport of passengers by water, it shall indicate the name of each ship to be used for the transport, as well as any conditions or restrictions concerning operation under the permit.

Operation under the permit is conditional on maintaining the competence of the crew, the seaworthiness of the ship and the insurance policy. Those conditions need not be stipulated on the permit.

O.C. 147-98, s. 7.

8. Where a change affects the ships used for the transport of passengers by water or the conditions or restrictions concerning operation under the permit, the holder shall have his permit corrected by the Commission prior to continuing with the authorized activities.

Where a change affects the competence of the crew or the insurance policy, the holder of the permit shall so inform the Commission and shall halt his activities until such time as the documentary evidence in the record makes it possible, in the opinion of the Commission, to maintain the permit’s validity.

O.C. 147-98, s. 8.

9. The holder of a permit for the transport of passengers by water shall have a copy of his permit posted in full view of the public during boarding.

O.C. 147-98, s. 9; O.C. 1313-2009, s. 4.

10. Amendment integrated into R.R.Q., 1981, c. T-12, r. 17.

O.C. 147-98, s. 10.

11. The Commission may issue a permit authorizing an applicant to continue offering a service for transport by water in respect of which he has applied for a permit, and may do so without publication or formality pending its decision on the application, where

(1)  the application for a permit pertains to a transport service for which no permit was prescribed before the coming into force of this Regulation;

(2)  the applicant provided the service during the summer season preceding the coming into force of this Regulation; and

(3)  the application was filed with the Commission within 90 days following the date of coming into force of this Regulation.

O.C. 147-98, s. 11.

12. (Implicitly revoked by O.C. 147-98, 98-02-04).

O.C. 147-98, s. 12.

12.1. The additional fee provided for in the second paragraph of section 6 is adjusted by operation of law on 1 April of each year by the rate provided for in section 83.3 of the Financial Administration Act (chapter A-6.001). The rate may not be lower than zero.

The Regulation respecting the rounding off of adjusted fees (chapter A-6.001, r. 0.1) applies to the adjustment, with the necessary modifications.

The Commission publishes the result of the adjustment of the additional fee in the Gazette officielle du Québec.

O.C. 1280-2011, s. 4.

13. (Omitted).

O.C. 147-98, s. 13.

REFERENCES

O.C. 147-98, 1998 G.O. 2, 1205

O.C. 1313-2009, 2009 G.O. 2, 4122

O.C. 1280-2011, 2011 G.O. 2, 3665A