c-5.1 - Act respecting truck transportation

Repealed on 21 July 1998

This document has official status.

chapter C-5.1

Act respecting truck transportation

Repealed, 1998, c. 40, s. 54.

1998, c. 40, s. 54.

CHAPTER I SCOPE

1. This Act applies to remunerated truck transportation services which shall include remunerated trailer or semi-trailer drawing services and the leasing of a truck used to carry goods where the driver is directly or indirectly provided to the lessee by the lessor or by a person related to the lessor within the meaning of Part I of the Taxation Act (chapter I-3).

This Act does not apply to the carriage

(1)  of goods by extra-provincial truck undertakings within the meaning of the Motor vehicle transport Act, 1987, (Revised Statutes of Canada, 1985, chapter 29, 3rd Supplement), except to the extent provided in the said Act and the regulations thereunder;

(2)  of bulk material within the meaning of the Transport Act (chapter T-12) and the regulations thereunder, except to the extent provided in this Act and the regulations thereunder;

(3)  of dairy products pursuant to section 11 of the Dairy Products and Dairy Products Substitutes Act (chapter P-30);

(4)  of petroleum products by a tank vehicle equipped with a meter and having a maximum capacity of 18 200 litres;

(5)  of motor vehicle wrecks and waste or scrap whether it can be recycled or not;

(6)  of periodicals for delivery to consumers, paper boys or sales outlets;

(7)  or towing of disabled vehicles by means of a tow truck;

(8)  of a natural or chemical fertilizer and any substance used for the fertilization and upgrading of soils;

(9)  or hauling of houses, offices or plants;

(10)  or hauling of vehicles using the technique called “saddlemount”;

(11)  of goods by a motor vehicle or a combination of road vehicles to which alterations authorized by the Société de l’assurance automobile du Québec under paragraph 2 of section 214 of the Highway Safety Code (chapter C-24.2) have been made.

1987, c. 97, s. 1; 1990, c. 19, s. 11; 1991, c. 55, s. 1.

CHAPTER II TRUCKING LICENCE

DIVISION I GENERAL PROVISIONS

2. No person may offer or provide remunerated truck transportation services unless he holds a trucking licence issued by the Commission des transports du Québec.

The first paragraph does not apply to the leasing of a truck with the services of a driver where the following conditions are met:

(1)  the lessee holds a trucking licence;

(2)  the leasing is evidenced in a contract in writing of a minimum term of 30 days, specifying the date on which the leasing begins and the terms and conditions according to which it may be terminated;

(3)  the lessee acquires, for the term of the contract, the possession, control and exclusive use of the truck;

(4)  a copy of the contract is kept in the truck for verification and inspection purposes;

(5)  the contract is in conformity with the regulations.

1987, c. 97, s. 2; 1993, c. 11, s. 1.

3. A trucking licence is a document evidencing the existence of a privilege conferred by a decision of the Commission.

Every licence shall be in relation to a territory corresponding to that of a regional county municipality or to that of an urban community or to a combination of such territories pursuant to a regulation of the Government or any other territory described in the regulation.

1987, c. 97, s. 3; 1990, c. 85, s. 122; 1993, c. 65, s. 89.

4. Trucking licences are not transferable.

1987, c. 97, s. 4.

5. The licence shall contain

(1)  the name of the licensee;

(2)  the address of the licensee’s domicile or head office;

(3)  the date of issue;

(4)  a statement describing the privilege conferred;

(5)  the period during which an activity authorized by the licence may be carried on, where applicable.

Where the domicile or head office of the licensee is situated outside Québec, the licence shall, in addition, indicate the address of the licensee’s establishment in Québec or the name and address of his attorney.

1987, c. 97, s. 5.

6. The licence must bear the identifying mark of the Commission or the signature of the president, a vice-president or the secretary.

The Government may, on the conditions fixed by it, permit that a signature be affixed by means of an automatic device or that a facsimile of the signature be affixed to the licences, the facsimile having the same force as the signature itself.

1987, c. 97, s. 6.

7. The privilege conferred pursuant to section 3 may be amended by a decision of the Commission; it shall, in that case, issue a new licence to replace the original licence which must be returned to the Commission by the licensee.

1987, c. 97, s. 7.

8. The holder of an illegible or damaged licence must apply for its replacement.

1987, c. 97, s. 8.

9. Upon declaration that a licence is illegible or damaged or has been destroyed, lost or stolen, the Commission shall replace it on payment of the fee fixed by regulation of the Government.

1987, c. 97, s. 9.

DIVISION II ISSUE OF LICENCES

10. The Commission shall issue a trucking licence to an applicant who satisfies the requirements prescribed by this Act and the regulations, if any, and who possesses the qualifications required to carry on the activities for which the licence is sought, unless an interested person who objects to the issue proves that the granting of the licence would be likely to have a detrimental effect on the public interest.

1987, c. 97, s. 10.

11. No applicant may obtain a licence

(1)  if he is the holder of a suspended trucking licence;

(2)  if he held a trucking licence that has been cancelled in the last two years.

1987, c. 97, s. 11.

12. Every applicant for a trucking licence must demonstrate that he possesses the qualifications required to carry out the activities for which the licence is sought by furnishing to the Commission, on the application form prescribed by it, the following information and documents:

(1)  his name and, if applicable, the name of his attorney, the address of his domicile or head office and, as the case may be, the address of his establishment in Québec or that of his attorney;

(2)  in the case of a legal person, its incorporating instrument, a list of its directors and officers, a copy of the instrument authorizing the filing of the application and the name and address of any other legal person affiliated with it;

(3)  the name and address of his authorized representative;

(4)  a copy of any licence held by him which authorizes him to provide remunerated truck transportation services;

(5)  a description of the services provided at the time of the application otherwise than under a licence referred to in subparagraph 4, and the number and type of road vehicles owned or leased by him to do so;

(6)  a declaration of any bankruptcy currently affecting him or any of his directors or officers, or having occurred in the five years preceding the application, accompanied with the discharge judgment, if any;

(7)  a description of any expertise acquired in the field of truck transportation or in a related sector;

(8)  a certificate of insurance covering all property damage, including any damage that may be sustained by the goods carried, with the insurer’s undertaking to notify the Commission in case of cancellation, non-renewal or reduction of coverage, or a certificate issued by an insurer attesting the applicant’s insurability as regards such damage;

(9)  a full description of the proposed services, in particular, the territories to be served, the goods to be carried and the number and type of vehicles that will be used;

(10)  any other information or document intended to demonstrate his fitness as may be prescribed by regulation of the Government.

In addition, the Société de l’assurance automobile du Québec must have attested to the Commission that the applicant

(1)  is not affected by any unpaid fine within the meaning of Chapter V of Title VIII.1 of the Highway Safety Code (chapter C-24.2) enacted by the Act to amend the Highway Safety Code and other legislation (1987, chapter 94);

(2)  has been informed of the rules set out in the said title and the regulations thereunder and, where applicable, of the rules governing the transportation of dangerous substances.

The information and documents furnished by the applicant under this section are public.

1987, c. 97, s. 12; 1990, c. 19, s. 11.

13. An applicant for a trucking licence may replace any information or document required pursuant to the first paragraph of section 12 by such information or document as prescribed by regulation of the Government.

1987, c. 97, s. 13.

14. The Commission is not required to convene a public hearing unless an interested person who objects to the issue of a licence establishes to the satisfaction of the Commission that the carrying on of the activities for which the licence is sought would be likely to have a detrimental effect on the public interest.

Notwithstanding the foregoing, the Commission shall convene a public hearing where an interested person who objects to the issue of the licence establishes, to the satisfaction of the Commission, that the carrying on of the activities for which the licence is sought will affect the services he is providing to users under his licence to the point of being likely to have a detrimental effect on the public interest; in no case, however, may a decrease in business or income that could be caused by the carrying on of the activities for which the licence is sought be considered as being likely to have a detrimental effect on the public interest.

1987, c. 97, s. 14.

15. The Commission, in assessing the public interest to decide the merit of an objection, shall

(1)  give primary emphasis to the interests of users of truck transportation services, whether those services are provided by the applicant or not, taking into account the followings factors:

(a)  the availability of adequate truck transportation services, anywhere in Québec, whatever the population density of the territory to be served;

(b)  the availability of a wide range of services and prices and even of new truck transportation services;

(c)  the increased capacity of the trucking industry to adapt to the various needs of users;

(d)  the stimulating effect on users’ productivity and efficiency;

(e)  the keeping of truck transportation costs at a reasonable level, the maximum use of equipment and the saving of energy;

(f)  the maintenance of the market at a reasonable level of competition and concentration, and the limitation of the risk of deceitful practices;

(g)  the elimination of discrimination in prices and services;

(h)  the preservation of the stability, dependability and viability of the trucking industry and of its infrastructure;

(i)  the applicant’s capacity to provide adequate trucking services;

(j)  the promotion of the social and economic development of Québec, including the favourable effect on employment and productivity in all sectors of the industry;

(k)  any other factor which, in the opinion of the Commission, gives primary emphasis to the interests of users;

(2)  satisfy itself that the matters set out in the Government policy statements on trucking are taken into consideration.

1987, c. 97, s. 15.

16. Subparagraphs 5, 6, 7 and 8 of the first paragraph of section 12 do not apply to an applicant whose domicile or head office is situated outside Québec and who produces, with his application for a licence, a certificate issued by the competent authority of the place of his domicile or head office attesting that he possesses the qualifications required to carry on the activities authorized by a trucking licence, provided that an agreement to that effect has been entered into under section 93 and that the requirements of the licence applied for do not differ from those he has already satisfied.

1987, c. 97, s. 16.

17. The Commission may, on the conditions prescribed by regulation of the Government, if any, grant trip permits and, for such limited time as it may fix, temporary licences to meet the needs of an emergency.

Subparagraphs 4 to 7 of the first paragraph of section 12 and section 15 do not apply to an application for a licence or permit under the first paragraph.

In addition, subparagraph 2 of the first paragraph of section 12 does not apply to an application for a trip permit.

1987, c. 97, s. 17.

18. Section 15 does not apply to an application for a licence concerning truck transportation services provided under a subcontract for a licensee in carrying on an activity authorized by the licence, in accordance with the conditions prescribed by regulation of the Government, if any.

1987, c. 97, s. 18.

19. Section 15 does not apply to an application for a licence concerning towing services provided by a natural person who uses his tractor to draw the trailer or semi-trailer of a consignor.

1987, c. 97, s. 19.

20. Section 15 does not apply to the carriage of

(1)  periodicals not referred to in subparagraph 6 of the second paragraph of section 1;

(2)  live stock;

(3)  fruit and vegetables and horticultural and farm products;

(4)  natural Christmas trees;

(5)  peat moss;

(6)  goods by the subsidiary of an undertaking engaged in the production, transformation or sale of goods, for that undertaking or for any of its other subsidiaries.

For the purposes of this section, an undertaking is deemed to be a subsidiary of another undertaking where 50 % of its voting shares are held by that other undertaking.

1987, c. 97, s. 20.

21. The Commission may refuse to issue a trucking licence to a legal person if one of its directors or officers fails to satisfy the requirements prescribed by this Act and the regulations.

1987, c. 97, s. 21.

22. The Commission may refuse to issue a trucking licence until five years have elapsed after the date on which the applicant or a person referred to in section 21

(1)  was convicted of or pleaded guilty to an offence against this Act or any of the regulations hereunder and for which he has not obtained a pardon; or

(2)  finished serving his sentence or, as the case may be, began his probation period in the case of an indictable offence connected with the operation of a transportation service or the driving of a road vehicle, and punishable by a term of imprisonment of five years or over and for which he has not obtained a pardon.

1987, c. 97, s. 22.

DIVISION III CONDITIONS ATTACHED TO LICENCES

23. A trucking licence is valid only in respect of its rightful holder.

1987, c. 97, s. 23.

24. Notwithstanding the foregoing, on production of such relevant documents as the Commission may require and on payment of the duties prescribed by regulation, a person other than the holder of a licence may be temporarily authorized by the Commission to provide truck transportation services under that licence if the person is the licensee’s testamentary executor, legatee or heir, or a person designated by any of them, a trustee bankruptcy, a liquidator, a judicial or conventional sequestrator or a trustee temporarily managing the assets used to carry on the activities authorized by the licence.

The Commission may also, subject to the same conditions, authorize a person other than the holder of a licence to provide truck transportation services under that licence, on a temporary basis, if the person files an application for a licence within 60 days of the signing of an agreement for the sale of all or nearly all the assets of the licensee, subject to the purchaser’s obtaining a licence.

1987, c. 97, s. 24.

25. Any person authorized to provide truck transportation services under a licence on a temporary basis is deemed to be the holder of the licence.

1987, c. 97, s. 25.

26. The holder of a trucking licence must carry on the activity authorized by and in accordance with the content of his licence.

1987, c. 97, s. 26.

27. Every holder of a trucking licence who ceases his activities must return his licence without delay to the Commission which shall inform the Société de l’assurance automobile du Québec thereof.

Every licence so returned shall be cancelled.

1987, c. 97, s. 27; 1990, c. 19, s. 11.

28. Every holder of a trucking licence is authorized to carry, anywhere in Québec, peeler wood and timber having undergone cross-cutting and lengthwise cutting operations, even if not mentioned on his licence.

1987, c. 97, s. 28.

29. The holder of a trucking licence shall

(1)  use only road vehicles which satisfy the requirements of the Highway Safety Code (chapter C-24.2);

(2)  hire for the driving of such vehicles only holders of a driver’s licence of the appropriate class;

(3)  maintain for the drivers work schedules which are consistent with the maximum periods of driving prescribed by regulation of the Government enacted under paragraph 12 of section 621 of the Highway Safety Code;

(4)  pay to the Commission, for the periods prescribed by regulation, such annual operating duties as are fixed by regulation.

1987, c. 97, s. 29; 1991, c. 55, s. 2.

30. The holder of a trucking licence must furnish to the Commission, on request and within the time allotted, any information or document it considers necessary for the carrying out of its duties.

The licensee must inform the Commission of any change in the information or documents furnished under subparagraphs 1 and 2 of the first paragraph of section 12.

1987, c. 97, s. 30.

31. The Société de l’assurance automobile du Québec shall notify the Commission of every cancellation of the registration of a road vehicle used by a licensee under his trucking licence and of every prohibition to drive or election not to drive such a vehicle.

1987, c. 97, s. 31; 1990, c. 19, s. 11; 1991, c. 55, s. 3.

32. On receiving a notice under section 31, the Commission may require the licensee to produce a report of operation by forwarding to him the form it may prescribe for that purpose.

The form must be accompanied with a notice setting out the time allotted to the licensee for the production of his report and informing him that the penalty for any failure to comply with such requirement within the prescribed time is the revocation of the licence.

1987, c. 97, s. 32.

33. Every holder of a trucking licence who has no domicile or establishment in Québec must designate an attorney who resides in Québec and has custody of a copy of all documents relating to the truck transportation services provided, wholly or in part, in Québec by the licensee. He must give the name and address of the attorney.

The attorney shall represent the licensee for the purposes of this Act and the regulations; any proceedings against the licensee may be served on the attorney and any demand made to the licensee may be made to him.

1987, c. 97, s. 33.

34. The holder of a trucking licence is required, in addition, to satisfy the obligations determined by regulation of the Government.

1987, c. 97, s. 34.

DIVISION IV SUSPENSION OR REVOCATION OF THE LICENCE

35. The Commission may, on its own initiative or at the request of the Attorney General or any interested person, suspend a trucking licence for the period it determines, or revoke it in accordance with this division.

1987, c. 97, s. 35.

36. The Commission may suspend or revoke a licence where it is of opinion that the licensee

(1)  obtained it on the basis of false representations;

(2)  no longer satisfies the requirements prescribed for its issuance by this Act or any of the regulations thereunder;

(3)  fails to satisfy the obligations determined by this Act or any of the regulations thereunder.

1987, c. 97, s. 36.

37. The Commission may, instead of imposing the suspension or revocation of a licence on any of the grounds set out in paragraph 2 or 3 of section 36, order the licensee to apply the necessary corrective measures within the limit of time fixed by it.

1987, c. 97, s. 37.

38. On a report by an inspector who has reasonable cause to believe that a licensee is contravening this Act or any of the regulations thereunder, the Commission may notify the licensee in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the licensee at least 10 days to present observations in support of the maintenance of his licence.

If the licensee fails to present observations or to justify the maintenance of his licence, the Commission may suspend or revoke the licence or accept the licensee’s personal undertaking to comply with this Act and the regulations.

1987, c. 97, s. 38; 1997, c. 43, s. 131.

39. The Commission may also suspend or revoke the licence of a licensee who

(1)  has failed to implement an order under section 37 or to comply with a personal undertaking signed under section 38;

(2)  was convicted of an offence against this Act or any of the regulations thereunder within the last two years and has not obtained a pardon;

(3)  was convicted of an indictable offence in relation to an activity authorized by his licence within the last five years and has not obtained a pardon.

1987, c. 97, s. 39; 1990, c. 4, s. 120.

40. The Commission may suspend, for the period it determines, the trucking licence of a licensee upon being notified by the Société de l’assurance automobile du Québec that a penalty has been imposed on that licensee pursuant to Chapter V of Title VIII.1 of the Highway Safety Code (chapter C-24.2) enacted by the Act to amend the Highway Safety Code and other legislation (1987, chapter 94).

1987, c. 97, s. 40; 1990, c. 19, s. 11.

41. The Commission may revoke the trucking licence of a licensee upon being notified by the Société de l’assurance automobile du Québec that he is subject to an undischarged penalty within the meaning of Chapter V of Title VIII.1 of the Highway Safety Code (chapter C-24.2) enacted by the Act to amend the Highway Safety Code and other legislation (1987, chapter 94).

1987, c. 97, s. 41; 1990, c. 19, s. 11.

42. The Commission may revoke the licence of a licensee who fails to produce his report of operation within the prescribed time in accordance with section 32, who provides false information in his report, or whose report establishes that he has not carried on any activity authorized by his licence for more than six months.

1987, c. 97, s. 42.

43. The suspension or revocation of a licence takes effect on the date the Commission’s decision is communicated to the licensee, or on any later date fixed therein.

1987, c. 97, s. 43; 1997, c. 43, s. 132.

44. The Commission shall inform the Société de l’assurance automobile du Québec of any licence suspension or revocation.

1987, c. 97, s. 44; 1990, c. 19, s. 11.

45. Every licensee who incurs a suspension or a revocation of his licence must return his licence to the Commission without delay.

If a licensee refuses or omits to comply with that requirement, the Commission may direct a peace officer to confiscate the licence. At the request of the peace officer, who shall give the reasons therefor, the licensee must forthwith surrender his licence to the peace officer.

1987, c. 97, s. 45.

CHAPTER III PROCEDURE

1997, c. 43, s. 133.

46. An application for a trucking licence is made by filling out the form prescribed by the Commission and must be accompanied with the fee prescribed for its examination by regulation of the Government. Fees are not refundable.

1987, c. 97, s. 46.

47. On receiving a duly filled out licence application, the Commission, if it considers that the applicant satisfies the requirements prescribed by the Act and the regulations and has the qualifications required to carry on the activities authorized by the licence in accordance with section 12, shall, within 30 days of receiving the application, publish, in at least one daily newspaper circulated in the territory where the licence is to be used, a notice setting out the nature of the application, the Commission’s intention to grant it and the procedure for filing an objection within 21 days of publication of the notice.

The costs of the publication of the notice shall be paid by the applicant according to the terms and conditions determined by the Commission.

1987, c. 97, s. 47.

48. Section 47 does not apply to a duly filled out application for a licence concerning services referred to in any of sections 17 to 20 and in respect of which the Commission shall render its decision immediately.

1987, c. 97, s. 48.

49. Every interested person may, within 21 days of publication of the notice referred to in section 47, object to the issue of a licence by transmitting to the Commission a sworn statement of objection containing reasons.

1987, c. 97, s. 49; 1997, c. 43, s. 135.

50. All public hearings must be held within 60 days of the time prescribed for making an objection. The Commission may, however, extend that time if the applicant or a person making an objection establishes that he will be unable to act within that time.

The Attorney General may intervene during public consultations.

1987, c. 97, s. 50; 1997, c. 43, s. 136.

51. At a public hearing, the opponent of a licence application is required to explain the reasons for his opposition.

1987, c. 97, s. 51; 1997, c. 43, s. 137.

52. (Repealed).

1987, c. 97, s. 52; 1997, c. 43, s. 138.

53. (Repealed).

1987, c. 97, s. 53; 1997, c. 43, s. 138.

54. (Repealed).

1987, c. 97, s. 54; 1997, c. 43, s. 138.

55. (Repealed).

1987, c. 97, s. 55; 1997, c. 43, s. 138.

56. (Repealed).

1987, c. 97, s. 56; 1997, c. 43, s. 138.

57. The decisions of the Commission must be rendered within 30 days of the expiry of the time prescribed for filing an objection or, where applicable, within 90 days of the end of the public hearings.

The Commission shall communicate to the applicant and the opponents its decision in writing, containing reasons, and shall, where the decision is rendered following public hearings, transmit a copy of it to the Minister.

1987, c. 97, s. 57; 1997, c. 43, s. 139.

58. Decisions of the Commission which do not entail the revocation or suspension of a licence shall have effect from the date on which they are signed or on any later date indicated in the decision.

1987, c. 97, s. 58.

59. The Commission may refuse to admit an application for a licence if it is of opinion that the application is similar to an application that was rejected within the preceding six months.

1987, c. 97, s. 59.

60. The Commission may, upon a request, review any decision it has rendered and in respect of which no proceeding has been brought before the Administrative Tribunal of Québec.

1987, c. 97, s. 60; 1997, c. 43, s. 140.

61. An application for review must contain reasons, and be notified to the Commission within 30 days after the date on which the decision takes effect.

However, in the case of a decision to revoke a licence, the application for review must be notified within six months.

Where the Commission agrees to review a decision, execution of the decision is suspended unless the Commission decides otherwise in case of special urgency.

1987, c. 97, s. 61; 1997, c. 43, s. 140.

62. An uncontested application for a licence may be decided by one member or by a person designated by the Minister of Transport under section 17.8 of the Transport Act (chapter T-12).

The revocation or suspension of a licence may be decided by one member.

1987, c. 97, s. 62; 1991, c. 55, s. 4.

63. Every objection to an application for a licence must be submitted to at least two members of the Commission who shall decide, where appropriate, that a public hearing is to be held in accordance with section 14.

1987, c. 97, s. 63.

64. Every application for a licence referred to a public hearing must be decided by three members.

1987, c. 97, s. 64; 1991, c. 55, s. 5.

65. (Repealed).

1987, c. 97, s. 65; 1997, c. 43, s. 141.

CHAPTER IV INQUIRY AND INSPECTION

66. The Commission and each of its members may inquire into any matter within the jurisdiction of the Commission that is relevant to the carrying out of this Act and the regulations thereunder.

1987, c. 97, s. 66.

67. For the purposes of such inquiries, the Commission and each of its members shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1987, c. 97, s. 67.

68. The Minister of Transport may authorize any person to act as an inspector to ascertain compliance with this Act and the regulations thereunder.

1987, c. 97, s. 68.

69. Every person authorized to act as an inspector and every peace officer, in the performance of his duties, may, for purposes relevant to the carrying out of this Act and the regulations thereunder,

(1)  enter the establishment of a carrier, consignor or consignee at any reasonable time and inspect it;

(2)  examine and make copies of books, records, accounts, files and other documents containing information relating to activities of the persons referred to in subparagraph 1 of the first paragraph;

(3)  where he has reasonable cause to believe that a road vehicle operated on a public highway is providing a service that is subject to this Act, stop the vehicle, enter and examine it and, for that purpose, open any container or receptacle or cause it to be opened;

(4)  require any information relating to the carrying out of this Act and the regulations and the production of any relevant document.

Every person having control, custody or possession of the books, records, accounts, files and other documents shall, on request, communicate them to the person conducting the inspection and facilitate his examination of them.

1987, c. 97, s. 69.

70. No person shall hinder the work of a person authorized to act as an inspector or peace officer, mislead him by concealment or false declarations, withhold any information or document he is entitled to require or examine under this Act or any of the regulations thereunder, or conceal or destroy any document or thing relevant to the inspection.

1987, c. 97, s. 70.

71. Every person authorized by this Act to conduct an inspection must identify himself and show a certificate of his capacity or, as the case may be, show his badge.

1987, c. 97, s. 71.

CHAPTER V SEIZURE

1990, c. 4, s. 121.

72. Any peace officer may, immediately, when making an inspection pursuant to section 69,

(1)  seize any vehicle where he has reasonable cause to believe that it is being or was used to commit an offence against this Act or any of the regulations thereunder and that the person who is using or who used such vehicle might abscond, until the competent court or a judge of such court authorizes the release of the vehicle with or without a deposit;

(2)  seize any vehicle where he has reasonable cause to believe that it is being or was used to commit an offence against section 2, until the competent court or a judge of such court authorizes the release of the vehicle with a deposit.

1987, c. 97, s. 72; 1990, c. 4, s. 122.

73. The peace officer who has seized a vehicle shall have custody of it until the competent court has decided that it is to be confiscated or returned to its owner.

The load of a seized vehicle shall remain the responsibility of the carrier or owner of the load.

1987, c. 97, s. 73.

CHAPTER VI PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 142.

74. Any decision of the Commission may be contested before the Administrative Tribunal of Québec by the person to whom the decision applies, an opponent or the Attorney General within 30 days following the date on which the decision takes effect.

1987, c. 97, s. 74; 1997, c. 43, s. 143.

75. The Attorney General may, ex officio and without notice, take part in a hearing as if he were a party thereto.

1987, c. 97, s. 75; 1997, c. 43, s. 143.

76. When assessing the facts or the law, the Tribunal may not substitute its assessment of the public interest for the assessment thereof made by the Commission before making its decision pursuant to this Act.

1987, c. 97, s. 76; 1997, c. 43, s. 143.

77. (Replaced).

1987, c. 97, s. 77; 1991, c. 55, s. 6; 1997, c. 43, s. 143.

78. (Replaced).

1987, c. 97, s. 78; 1997, c. 43, s. 143.

79. (Replaced).

1987, c. 97, s. 79; 1997, c. 43, s. 143.

CHAPTER VII REGULATIONS

80. The Government may, by regulation,

(1)  prescribe classes and categories of trucking licences;

(2)  describe territories and provide for the combination of territories in relation to trucking licences;

(3)  prescribe the requirements that must be satisfied by a person who is applying for a trucking licence;

(4)  prescribe any information or document to establish an applicant’s qualifications to carry on the activities authorized by a trucking licence;

(5)  prescribe any information or document an applicant may furnish to replace the information or documents prescribed under section 12;

(6)  prescribe the obligations that must be satisfied by a licensee and provide for exceptions;

(7)  prescribe the requirements applicable to transportation contracts and bills of lading, and prescribe minimum stipulations to be included therein;

(7.1)  determine the requirements applicable to a contract for the leasing of a truck with the services of a driver, and prescribe the minimum stipulations;

(8)  prescribe the minimum amounts of insurance coverage for damage to the goods carried that must be maintained by a licensee to engage in transportation operations under his licence;

(8.1)  prescribe the annual operating duties payable by every holder of a trucking licence for the periods it determines and, where applicable, determine the terms and conditions of payment;

(9)  prescribe the amount of the fees and duties payable under this Act and, where applicable, determine the terms and conditions of payment;

(10)  prescribe the conditions of issue of temporary licences or trip permits;

(11)  prescribe the conditions in which truck transportation services may be provided for a licensee, under a subcontract;

(12)  prescribe the mode of service applicable to the Commission’s decisions;

(13)  determine the prescriptions of a regulation the violation of which constitutes an offence.

The regulatory provisions enacted under this section may vary according to the classes of trucking licences concerned.

1987, c. 97, s. 80; 1991, c. 55, s. 7; 1993, c. 11, s. 2.

81. The Commission may adopt procedural and internal management rules.

1987, c. 97, s. 81; 1997, c. 43, s. 144.

CHAPTER VIII PENAL PROVISIONS

82. Every person who contravenes any of sections 2, 23 and 26 is guilty of an offence and is liable for each day during which the offence continues, to a fine of not less than $250 nor more than $1 500 in the case of a natural person, and of not less than $1 000 nor more than $6 000 in the case of a legal person.

1987, c. 97, s. 82; 1990, c. 4, s. 123.

83. Every person who makes false representations for the purpose of obtaining a licence or who provides false information in a report filed under section 32 is guilty of an offence and is liable to a fine of not less than $1 000 nor more than $6 000.

1987, c. 97, s. 83; 1990, c. 4, s. 123.

84. Every person who contravenes section 70 is guilty of an offence and is liable for each day during which the offence continues, to a fine of not less than $250 nor more than $1 500.

1987, c. 97, s. 84; 1990, c. 4, s. 123.

85. Every person who contravenes any of the provisions of this Act for which a penalty is not otherwise provided or any prescription of any of the regulations the violation of which constitutes an offence under paragraph 13 of section 80, is guilty of an offence and is liable, for each day during which the offence continues, to a fine of not less than $125 nor more than $750 in the case of a natural person, and of not less than $500 nor more than $3 000 in the case of a legal person.

1987, c. 97, s. 85; 1990, c. 4, s. 124.

86. Every person who advises, encourages or incites another person to commit an offence against this Act or any of the regulations thereunder or who does or omits to do something in order to aid another person to commit an offence is a party to that offence and is liable to the same penalty as that prescribed for the offender, whether or not the offender has been prosecuted or found guilty.

1987, c. 97, s. 86.

87. In any proceeding for a contravention of this Act or any of its regulations, any truck transportation service is, in the absence of any evidence to the contrary, deemed to be remunerated.

1987, c. 97, s. 87.

88. When a legal person is guilty of an offence against this Act or any of its regulations, every director, partner, officer, employee or agent of the legal person who prescribed or authorized the commission of the offence or who consented thereto or acquiesced or participated therein, is deemed a party to the offence and is liable to the same penalty as that provided for the legal person, whether or not the legal person has been prosecuted or found guilty.

1987, c. 97, s. 88.

89. The Government shall determine the offences against this Act or any of its regulations for which a 72 hours’ notice may be issued.

1987, c. 97, s. 89.

90. Where a peace officer ascertains the commission of such an offence, he may serve a statement of offence on the driver with a notice enjoining the defendant to remedy the offence within 72 hours.

The statement of offence becomes null when the required proof is furnished to a peace officer within the time prescribed. It is incumbent upon the defendant to establish that he has remedied the offence within that time.

Where a notice is attached to the statement of offence, the time prescribed in article 160 of the Code of Penal Procedure (chapter C-25.1) begins to run only from the expiry of the time indicated in the notice.

1987, c. 97, s. 90; 1992, c. 61, s. 96.

91. (Repealed).

1987, c. 97, s. 91; 1990, c. 4, s. 125; 1992, c. 61, s. 97.

92. (Repealed).

1987, c. 97, s. 92; 1992, c. 61, s. 98.

CHAPTER IX MISCELLANEOUS AND TRANSITIONAL PROVISIONS

93. The Minister of Transport is responsible for the administration of this Act.

1987, c. 97, s. 93.

94. The Minister of Transport may, according to law, enter into an agreement relating to the administration of this Act with any government, any of its departments or any agency.

1987, c. 97, s. 94.

95. For the purposes of subparagraph 2 of the second paragraph of section 1, where a bulk material is excluded from the application of the Transport Act (chapter T-12) after 13 January 1988 by any regulation made under the said Act, the carriage of that material shall become subject to this Act and the regulations thereunder from the date of the exclusion.

1987, c. 97, s. 95.

96. Sections 9 to 17.1, 17.6 and 17.7, 19 to 21 and 24, the first and second paragraphs of section 25 and sections 26 to 30 of the Transport Act (chapter T-12), adapted as required, apply to truck transportation.

1987, c. 97, s. 96; 1997, c. 43, s. 145.

97. (Omitted).

1987, c. 97, s. 97.

98. (Amendment integrated into c. T-12, s. 1).

1987, c. 97, s. 98.

99. (Amendment integrated into c. T-12, s. 2).

1987, c. 97, s. 99.

100. (Amendment integrated into c. T-12, s. 5).

1987, c. 97, s. 100.

101. (Amendment integrated into c. T-12, s. 16).

1987, c. 97, s. 101.

102. (Amendment integrated into c. T-12, s. 17.1).

1987, c. 97, s. 102.

103. (Amendment integrated into c. T-12, s. 17.3).

1987, c. 97, s. 103.

104. (Amendment integrated into c. T-12, s. 17.8).

1987, c. 97, s. 104.

105. (Omitted).

1987, c. 97, s. 105.

106. (Amendment integrated into c. T-12, s. 23).

1987, c. 97, s. 106.

107. (Amendment integrated into c. T-12, s. 37.1).

1987, c. 97, s. 107.

108. (Amendment integrated into c. T-12, s. 38).

1987, c. 97, s. 108.

109. (Omitted).

1987, c. 97, s. 109.

110. (Omitted).

1987, c. 97, s. 110.

111. (Amendment integrated into c. T-12, s. 49.2).

1987, c. 97, s. 111.

112. (Amendment integrated into c. T-12, s. 50).

1987, c. 97, s. 112.

113. (Amendment integrated into c. T-12, s. 50.1).

1987, c. 97, s. 113.

114. (Amendment integrated into c. T-12, s. 51).

1987, c. 97, s. 114.

115. (Amendment integrated into c. T-12, s. 53).

1987, c. 97, s. 115.

116. (Omitted).

1987, c. 97, s. 116.

117. (Amendment integrated into c. T-12, s. 80).

1987, c. 97, s. 117.

118. (Omitted).

1987, c. 97, s. 118.

119. (Amendment integrated into c. T-12, s. 89).

1987, c. 97, s. 119.

120. (Omitted).

1987, c. 97, s. 120.

121. The permits issued before 13 January 1988 under the General Order on Trucking (R.R.Q., 1981, chapter T-12, r. 2) remain in force until 30 June 1989 or until any later date fixed by order of the Government unless the Commission issued a trucking licence before that date to replace such a permit.

While the permits remain in force, they continue to be interpreted according to the provisions of the General Order on Trucking, even if, in the meantime, it is repealed by regulation of the Government.

This section does not apply to licences authorizing truck transportation services forming the subject of an exclusion under subparagraphs 3 to 11 of the second paragraph of section 1.

1987, c. 97, s. 121.

122. Where the Commission authorizes the issue of a trucking licence to the holder of a permit referred to in section 121 before the expiry of his permit, it shall order its cancellation and make it effective on the day the trucking licence is issued.

1987, c. 97, s. 122.

123. Permits referred to in section 121 are deemed to be trucking licences issued under this Act for the period during which they continue to be in force, and any offence committed by the holder of any of such permits with respect to a condition attached thereto or a provision of the General Order on Trucking may be prosecuted as if it were an offence under a provision of a regulation made under this Act.

1987, c. 97, s. 123.

124. Every holder of a permit issued under the General Order on Trucking authorizing transportation of a bulk material may continue to provide that service while he continues to be the holder of a licence issued under this Act.

1987, c. 97, s. 124.

125. Applications for permits filed under the General Order on Trucking and pending on 13 January 1988 are deemed to be licence applications filed under this Act and shall be heard and decided under it.

1987, c. 97, s. 125.

126. From the end of the third year to the end of the fourth year following 13 January 1988, the Minister of Transport shall examine the effects of the implementation of this Act, particularly in matters of safety, and report thereon to the National Assembly within six months.

1987, c. 97, s. 126.

127. At the end of the years 1988, 1989 and 1990, the Commission shall conduct an examination to assess compliance with this Act for the year concerned and report thereon, within four months following the end of the year, to the Minister, who shall thereafter table the report in the National Assembly within the following 15 days.

During the year, the Minister may require the Commission to examine a particular matter and to provide the information he specifies in the report to be submitted.

1987, c. 97, s. 127.

128. Every member of the Commission whose term expires on 1 February 1989 shall cease to hold office on that date.

Every member of the Commission whose term does not expire on that date shall continue to hold office for the period determined by the Government.

1987, c. 97, s. 128.

129. The first regulation to be enacted by the Government under section 80 may be enacted without the publication of a draft regulation in the Gazette officielle du Québec.

The same rule applies to the first regulation enacted to amend or revoke a regulation made under the Transport Act (chapter T-12) or any order contemplated in the second paragraph of section 89 of the said Act to ensure that the regulatory provisions made under that Act are consistent with this Act and the regulations thereunder.

The regulations shall be deemed to be in force from 13 January 1988.

1987, c. 97, s. 129.

130. Until 30 June 1988, the Commission may issue a trucking licence to an applicant who satisfies the requirements prescribed by this Act and the regulations, if any, and who possesses the qualifications required to carry on the activities for which the licence is sought.

Where an interested person objects to the issue of the licence, however, the Commission shall call the parties to a public hearing. It may then refuse to issue the licence if the applicant fails to establish that the licence should be delivered according to the criteria applicable before 13 January 1988.

The second paragraph does not apply to a duly filled out application for a licence pertaining to a service referred to in any of sections 17 to 20.

1987, c. 97, s. 130.

131. (Omitted).

1987, c. 97, s. 131.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 97 of the statutes of 1987, in force on 1 March 1988, is repealed, except section 131, effective from the coming into force of chapter C-5.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 10, 14, 15, 51, 63 and 101 of chapter 97 of the statutes of 1987, in force on 1 March 1989, are repealed effective from the coming into force of the updating to 1 March 1989 of chapter C-5.1 of the Revised Statutes.