s-6.01 - Act respecting transportation services by taxi

Updated to 8 September 2016

This document has official status.

chapter S-6.01

Act respecting transportation services by taxi

CHAPTER I PURPOSE AND SCOPE

1. This Act establishes the rules applicable to transportation services by taxi, including limousine and “de grand luxe” limousine services, in order to increase the safety of users, improve the quality of services offered, ensure supply management of taxi transportation services that takes into consideration the public’s needs and establish certain special rules applicable to the activities of taxi transportation service intermediaries.

2001, c. 15, s. 1; 2016, c. 22, s. 1.

2. For the purposes of this Act:

(1)  “automobile” means any motor vehicle within the meaning of the Highway Safety Code (chapter C-24.2) except a bus or a minibus; and

(2)  “taxi transportation service intermediary” means any person who provides, by any means, publicity, taxi transportation service request distribution or other similar services to holders of a taxi owner’s permit or holders of a taxi driver’s permit;

(3)  “transportation services by taxi” or “taxi transportation services” means any passenger transportation service by automobile, for remuneration, except

(a)  carpooling provided on a portion or all of a same route, provided that

i.  the automobile used is a passenger vehicle within the meaning of section 4 of the Highway Safety Code (chapter C-24.2),

ii.  the driver decides on the final destination, and taking passengers on board is incidental to the driver’s reason for making the trip, and

iii.   the transportation is offered for a financial contribution limited, regardless of the number of passengers on board, to the expenses incurred in using the automobile, the total amount of which may not exceed the allowance granted to an employee of a department or body whose personnel is appointed in accordance with the Public Service Act (chapter F‑3.1.1) for use of the employee’s personal vehicle;

(b)  school transportation provided for in the Education Act (chapter I-13.3), the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the Act respecting private education (chapter E-9.1) or the General and Vocational Colleges Act (chapter C-29) and transportation of students of an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1);

(c)  transportation provided by a volunteer driver under the control of a humanitarian organization recognized by the Ministère de la Santé et des Services sociaux as part of one of its support or assistance programs, provided that

i.  the transportation is offered for a financial contribution limited, regardless of the number of passengers on board, to the expenses incurred in using the automobile as set by the organization’s board of directors, the total amount of which may not exceed the amount determined by government regulation, and

ii.   the organization keeps a permanent register of trips which, for each trip provided, identifies the driver, the client and any accompanying person, and indicates the date, the pick-up point, the distance travelled and the destination;

(d)  transportation provided by a social economy enterprise funded by a government program to offer assistance services to clients such as seniors, persons who are handicapped or ill or persons with decreasing independence, provided that the enterprise keeps a permanent register of trips which, for each trip provided, identifies the driver, the client and any accompanying person, and indicates the date, the pick-up point, the distance travelled and the destination;

(e)  transportation provided to an impaired person by a volunteer driver under the control of a non-profit organization or legal person or by a driver remunerated by an enterprise, provided that

i.   the impaired person’s automobile is also driven to the destination,

ii.   the transportation is provided by the volunteer driver without any intent of deriving pecuniary gain, and

iii.   the non-profit organization or legal person or enterprise concerned keeps a permanent register of trips which, for each trip provided, identifies the driver, the customer and the accompanying person, and indicates the date, the pick-up point, the distance travelled and the destination;

(f)  courtesy transportation provided by a driver remunerated by an enterprise, and offered free of charge to its customers;

(g)  transportation provided for the purpose of community assistance to help or accompany a person, provided that the transportation is offered for a financial contribution limited, regardless of the number of passengers on board, to the expenses incurred in using the automobile, the total amount of which may not exceed the amount determined by government regulation;

(h)  passenger transportation for baptisms, weddings or funerals or passenger transportation in antique automobiles over 30 years old; and

(i)  transportation by ambulance or hearse.

The Minister shall publish on the department’s website the amount of the allowance granted to an employee of a department or body whose personnel is appointed in accordance with the Public Service Act for use of the employee’s personal vehicle and the amount determined by government regulation.

2001, c. 15, s. 2; 2016, c. 22, s. 2.

3. (Repealed).

2001, c. 15, s. 3; 2009, c. 17, s. 1; 2016, c. 22, s. 3.

CHAPTER II TAXI OWNER’S PERMIT

DIVISION I GENERAL PROVISIONS

4. No person may offer or provide taxi transportation services unless authorized therefor by a taxi owner’s permit.

2001, c. 15, s. 4; 2016, c. 22, s. 4.

4.1. The holder of a taxi owner’s permit is deemed to be carrying on an organized economic activity consisting in providing services of a commercial nature. The taxi owner’s permit and the automobile attached to the permit constitute capital appropriated for the operation of an enterprise.

2002, c. 49, s. 1.

5. A taxi owner’s permit authorizes its holder to own one taxi, one limousine or one “de grand luxe” limousine and either operate the automobile personally if the holder of the taxi owner’s permit is also the holder of a taxi driver’s permit, or entrust the operation or custody of the automobile to the holder of a taxi driver’s permit under a leasing contract or a contract of employment providing for a salary or a commission.

A taxi owner’s permit only authorizes private passenger transportation except as provided in section 7. “Private transportation” means transportation where one customer and the persons designated by that customer, or two or more customers in accordance with section 6.1, are given exclusivity of the trip.

No permit may be issued or maintained unless the permit is attached to a taxi, a limousine or a “de grand luxe” limousine. The holder of a taxi owner’s permit who replaces his or her automobile must register the replacement with the Commission des transports du Québec before using the automobile under his or her permit.

Despite the first paragraph, if the automobile used for taxi transportation is completely electrically propelled, the Commission des transports du Québec may authorize the holder of the taxi owner’s permit to own the number of additional completely electrically propelled automobiles that the Commission determines to ensure that the permit holder can continue to offer services while the batteries are being recharged. 

2001, c. 15, s. 5; 2016, c. 22, s. 5.

5.1. The Government shall determine the number of servicing areas and the territory of each one.

The Minister shall publish the decision on the department’s website.

2016, c. 22, s. 6.

5.2. The taxi owner’s permit issued to serve a servicing area is deemed, on the effective date of a decision by the Government under section 5.1, to have been issued to serve the servicing area determined by the Government that covers all of the territory of the servicing area indicated in the permit on that date.

If the servicing area determined by the Government covers only a portion of that territory, the taxi owner’s permit is deemed to have been issued to serve the servicing area that the Government determines.

2016, c. 22, s. 6.

6. A taxi owner’s permit shall be issued to serve an area determined by the Government.

A taxi owner’s permit also authorizes the holder to offer transportation services by taxi in a territory for which no other permit has been issued as well as in any other territory if, in that case, the pick-up point or the destination of the trip is located within the servicing area indicated in the permit. However, such permit may, on the conditions fixed by regulation, allow or prohibit the servicing, by a permit holder, of a territory that includes regional infrastructures and equipment.

A taxi owner’s permit to which a handicapped accessible taxi is attached authorizes the holder to provide transportation services to handicapped persons in

(1)  any servicing area for which no other permit to which a handicapped accessible taxi is attached has been issued; and

(2)  the territory served by a taxi transportation service intermediary described in the second paragraph of section 32 with whom the holder of the taxi owner’s permit has entered into a contract.

2001, c. 15, s. 6; 2002, c. 49, s. 2; 2009, c. 17, s. 2; 2016, c. 22, s. 7.

6.1. The holder of a taxi owner’s permit may offer to transport two or more passengers who have separately requested a trip to the same destination or to several destinations on the same route, provided that the trip was requested by a technological means allowing each customer to agree in advance to share the cost of the trip.

2016, c. 22, s. 8.

7. The holder of a taxi owner’s permit may offer shared passenger transportation services if the holder is bound by contract to a municipal or supramunicipal authority or to any other person authorized by an order. Such shared services may be provided in the entire territory of the contracting party if the territory served under the taxi owner’s permit is located, in whole or in part, in that of the contracting party.

Shared transportation services may also be provided by the holder of a taxi owner’s permit at the places and according to the conditions, in particular, as to the routes and services, prescribed by regulation, where the territory served under the holder’s permit is located in whole or in part in the territory of the taxi route or service.

2001, c. 15, s. 7.

8. The holder of a taxi owner’s permit may only use automobiles that meet the regulatory requirements applicable to the category of services the Commission has authorized the holder to offer.

A holder of a taxi owner’s permit or a taxi driver’s permit who uses the automobile attached to the permit for personal use must, if so required, prove that the automobile is not in service.

2001, c. 15, s. 8.

9. Upon payment of the fees established by the Société de l’assurance automobile du Québec or, where applicable, by a municipal or supramunicipal authority, the holder of a taxi owner’s permit may have access to information about the acts alleged, in a statement of offence or a conviction, against the drivers employed by the holder or by a person to whom the permit holder is bound by a contract pertaining to the use of a taxi, a limousine or a “de grand luxe” limousine under the holder’s control, provided the acts occurred in the exercise of their occupation. The information released must however only include the identity of the driver, the nature of the act alleged as well as the moment when it occurred.

2001, c. 15, s. 9.

DIVISION II ISSUE OF PERMITS

10. In issuing taxi owner’s permits for a particular servicing area, the Commission shall take into consideration, where applicable, the maximum number of permits set under section 10.1. However, it must consider any application of a person who shows that a permit is necessary to meet a specific need of any clientele the person identifies, in particular with respect to transportation services required by handicapped persons.

The Commission may set special conditions and restrictions applicable to the maintenance of any taxi owner’s permit it issues.

For the purposes of the first and second paragraphs, a permit may only be issued after 10 June 2009 if the taxi to which the permit is attached is accessible to handicapped persons, unless the Commission is of the opinion that the number of handicapped accessible taxis is sufficient to meet the needs of those persons.

2001, c. 15, s. 10; 2009, c. 17, s. 3; 2016, c. 22, s. 9.

10.1. The Government may, for each servicing area it specifies, set the maximum number of taxi owner’s permits that may be issued by the Commission according to any categories of services the Government identifies and on any conditions it determines.

2009, c. 17, s. 3; 2016, c. 22, s. 10.

11. A taxi owner’s permit shall be issued for a maximum period of five years and cannot be renewed on the expiry of the period for which it was issued.

To obtain the issue of a taxi owner’s permit, a person must not be in any of the situations described in the first and third paragraphs of section 18 or be charged with a criminal or indictable offence referred to in those paragraphs, and must pay duties and satisfy the other conditions prescribed by regulation.

The first paragraph does not apply to permits in force on 15 November 2000.

2001, c. 15, s. 11; 2002, c. 49, s. 3.

12. The Commission may authorize the holder of a taxi owner’s permit to provide specialized transportation services by taxi throughout Québec if the territory served under the taxi owner’s permit, before the specialization, is included in the territory of a supramunicipal authority, city or town designated for the purposes of such services.

However, the holder may not provide specialized transportation services in the territory of another supramunicipal authority, city or town designated for the purposes of such services, unless the pick-up point or the destination of the trip is located in the territory of the supramunicipal authority, city or town that includes the territory served under the taxi owner’s permit before the specialization.

The specialization of transportation services by taxi requires the permit holder, until the Commission allows the holder to abandon such specialization, to provide only the specialized services for which the holder obtained authorization and to use only the vehicles that meet the requirements established by regulation for such services.

The Government shall, by order, identify the supramunicipal authorities and the cities or towns referred to in the first paragraph as well as the categories of transportation services that may be recognized for the specialization of the services provided by the holder of a taxi owner’s permit.

2001, c. 15, s. 12; 2002, c. 49, s. 4.

13. The Government may, by order, identify the municipal or supramunicipal authorities it authorizes to exercise the powers of regulation and control it specifies over transportation by taxi. For the purposes of this section, a band council and an Indian reserve may be recognized by the Government as an authority having the same powers as a municipal or supramunicipal authority for the purposes of this Act.

Ville de Montréal has authority to exercise the powers that may be delegated to a municipal or supramunicipal authority under this Act.

Any authority referred to in this section has sufficient interest to intervene at any time when the Commission receives an application for the issue of a taxi permit or for the specialization of services which concern its territory.

2001, c. 15, s. 13; 2002, c. 49, s. 5; 2012, c. 21, s. 20.

14. The holder of a taxi owner’s permit providing specialized services must, when offering or providing specialized transportation services, comply with the conditions prescribed by regulation.

2001, c. 15, s. 14.

15. The holder of a taxi owner’s permit may offer, in his or her servicing area, transportation services by taxi comparable to specialized transportation services by taxi. The permit holder must, however, comply with any request made by a customer for nonspecialized private transportation services by taxi.

The first paragraph does not apply in the territory served under the taxi owner’s permit providing specialized services unless the holder of a taxi owner’s permit providing unspecialized services enters into a contract with a permit holder providing specialized services, for the purpose of providing transportation services to the latter’s customers.

2001, c. 15, s. 15.

DIVISION III RENEWAL

16. Any taxi owner’s permit expires on 31 March every year.

The permit may be renewed on payment of the annual duties to the Commission or to the mandatary designated by the Commission unless the holder of the taxi owner’s permit is in a situation in which his or her permit may be revoked or, being expired, may not be renewed. The duties are fixed by regulation.

2001, c. 15, s. 16.

17. The Commission may, on payment of the costs it fixes by regulation, relieve a holder of a taxi owner’s permit of the failure to pay the prescribed annual duties before 31 March if the holder proves, no later than the sixtieth day after the expiry of the time limit, that the failure is the result of a situation beyond the holder’s control.

2001, c. 15, s. 17.

DIVISION IV REVOCATION, ASSIGNMENT, TRANSFER AND ACQUISITION OF INTEREST

18. The Commission shall revoke the taxi owner’s permit of a holder who has been found guilty in the last five years of a criminal offence or an indictable offence committed in connection with the use of a permit for transportation by taxi.

The Commission shall also revoke the taxi owner’s permit of a holder if he or she

(1)  has not paid the prescribed annual duties payable for the renewal or maintenance of the taxi owner’s permit;

(2)  engaged in a practice contrary to the public interest referred to in section 22; or

(3)  used or allowed the use of the automobile attached to his or her permit while the taxi owner’s permit was suspended.

The Commission may suspend or revoke a taxi owner’s permit if the holder

(1)  has been found guilty in the last five years of a criminal or indictable offence related to the aptitudes and conduct required for the operation of a taxi transportation enterprise;

(2)  has been found guilty in the last five years of a criminal or indictable offence related to the trafficking, importation or exportation of narcotics, or to poppy or cannabis production, and provided for in section 5, 6 or 7 of the Controlled Drugs and Substances Act (S.C. 1996, chapter 19); or

(3)  has an interest of which notice has not been given in accordance with section 21.

No person whose taxi owner’s permit is revoked under the first or third paragraph may obtain a taxi owner’s permit before the lapse of five years after he or she was found guilty. The first and third paragraphs do not apply to an offence or an act committed before 30 June 2002.

2001, c. 15, s. 18; 2002, c. 49, s. 6; 2009, c. 17, s. 4.

19. No taxi owner’s permit issued on or after 15 November 2000 may be assigned or transferred or be the subject of any acquisition of interest.

2001, c. 15, s. 19; 2002, c. 49, s. 7.

20. A taxi owner’s permit issued before 15 November 2000 may, with the authorization of the Commission granted in accordance with the second paragraph, be assigned or transferred to a new acquirer, to a hypothecary creditor or to an heir provided that the person satisfies the conditions prescribed by regulation, in particular the payment of the duties.

Before granting its authorization, the Commission must ensure that the assignment or transfer is not contrary to the public interest and that the taxi owner’s permit is not the subject of suspension or revocation proceedings. Where the application for authorization concerns a permit charged with a hypothec, the transferor or the transferee must prove that the creditor consents to the assignment or transfer.

The Commission must grant the application of a hypothecary creditor requesting the transfer, after the conditions for the exercise of hypothecary rights are fulfilled, of the taxi owner’s permit held by a debtor who has defaulted on his or her contractual obligations.

As well, the Commission must allow the intervention of a hypothecary creditor seeking the automatic transfer of the taxi owner’s permit of a debtor, as realization of the creditor’s security, should the Commission revoke the permit pursuant to this Act. Where that is the case, the decision of the Commission to revoke the debtor’s taxi owner’s permit only has effect with respect to the debtor.

A permit referred to in the third and fourth paragraphs is deemed to have been issued for the first time before 15 November 2000.

2001, c. 15, s. 20; 2009, c. 17, s. 5.

21. Every person or partnership intending to acquire, directly or indirectly, an interest in the enterprise of a holder of a taxi owner’s permit is required to give notice of the intended acquisition to the Commission.

Even if no notice is given, the Commission may, of its own motion or at the request of the Minister or any interested person, make an inquiry to determine whether the acquisition of interest contravenes this Act or is contrary to the public interest.

2001, c. 15, s. 21.

22. Any practice whereby a taxi driver transfers to a holder of a taxi owner’s permit the ownership of an automobile which is intended to be attached to the permit of that taxi owner, and where he or she enters with that same person into a contract by which the driver becomes the operator of the automobile under a leasing contract, or obtains custody of it through a contract of employment is contrary to the public interest.

The assignment or transfer of a taxi owner’s permit is not contrary to the public interest, if the automobile attached to the permit is excluded from the transaction and if the assignee, transferee or hypothecary creditor declares the substituted automobile to the Commission.

Even if no notice is given, the Commission may, of its own motion or at the request of the Minister or any interested person, make an inquiry to determine whether a connection described in the first paragraph exists between a holder of a taxi owner’s permit and a taxi driver.

2001, c. 15, s. 22.

23. No person may, without special authorization of the Commission, and even temporarily, exercise the rights conferred by a taxi owner’s permit before the Commission has rendered a decision regarding the assignment or transfer.

2001, c. 15, s. 23.

CHAPTER III TAXI DRIVER’S PERMIT

24. A taxi driver’s permit authorizes the holder to carry on the occupation of taxi, limousine or “de grand luxe” limousine driver when driving an automobile attached to the taxi owner’s permit.

A driver may have the custody of such an automobile pursuant to a contract of employment binding the driver to a holder of a taxi owner’s permit. The driver may also operate the automobile personally if he or she is the holder of the taxi owner’s permit to which that automobile is attached or if he or she is bound to a person holding such a permit under a leasing contract for the automobile.

A taxi driver’s permit may only be issued to the holder of a permit of the appropriate class pursuant to the Highway Safety Code (chapter C-24.2).

2001, c. 15, s. 24.

25. The taxi driver’s permit shall be issued by the Société or, in the case of a delegation made pursuant to the second paragraph, by the municipal or supramunicipal authority concerned. The authority shall notify the Société without delay of any taxi driver’s permit issued by it. The Société and an authority may not issue a taxi driver’s permit to a person charged with a criminal or indictable offence referred to in subparagraphs 2 to 4 of the first paragraph of section 26.

The Government may, by order, identify the municipal or supramunicipal authorities that are authorized to exercise powers that it indicates in matters concerning taxi driver’s permits.

2001, c. 15, s. 25; 2002, c. 49, s. 8.

26. No person may obtain, maintain or renew a taxi driver’s permit

(1)  unless the person passes an examination on the knowledge required, the formalities, procedures, and content of which shall be established by the Société or, where applicable, by a municipal or supramunicipal authority, and that will serve to allow the person to obtain any subsequent renewal of his or her taxi driver’s permit;

(2)  if the person has been convicted, in the last five years, of a criminal offence or an indictable offence committed in connection with the operation of a service of transportation by taxi;

(3)  if the person has been convicted, in the last five years, of an indictable or criminal offence which is connected with the aptitudes and conduct required to carry on the occupation of taxi driver;

(4)  if the person has been convicted, in the last five years, of 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 (Statutes of Canada, 1996, chapter 19); and

(5)  unless the person pays the annual duties and satisfies the other conditions prescribed by regulation.

No person who has been found guilty of an offence or an act referred to in subparagraphs 2 to 4 of the first paragraph may obtain, maintain or renew a taxi driver’s permit before the lapse of five years after he or she was found guilty.

The first paragraph does not apply to an offence or act committed before 30 June 2002.

2001, c. 15, s. 26; 2002, c. 49, s. 9.

27. The holder of a taxi driver’s permit must, in addition, comply with any regulation that

(1)  requires, for the territories it indicates, that a person, in order to obtain or maintain a taxi driver’s permit, attend a course to gain the toponymic and geographical knowledge required to carry on the occupation of taxi driver in a specific territory; and

(2)  requires, for the areas and territories it indicates, that a person, in order to obtain and maintain a taxi driver’s permit, attend a course in whatever basic knowledge, skills, abilities and conduct are required to carry on the occupation of taxi driver in a specific territory.

A person who fails an examination on the knowledge required under subparagraph 1 or 2 of the first paragraph is entitled to take a new examination within 30 days of the day on which the results of the examination are communicated to the person. A person who fails the second examination must again attend the training course required to obtain, maintain or renew a taxi driver’s permit. Passing the examination will allow the person to obtain any renewal of his or her taxi driver’s permit. Every person holding a taxi driver’s permit on 30 June 2002 is deemed to have passed such an examination.

2001, c. 15, s. 27; 2002, c. 49, s. 10.

28. The taxi driver’s permit must contain a photograph of the holder taken by the Société or, where applicable, the municipal or supramunicipal authority, bear a number and include any other information determined by regulation.

2001, c. 15, s. 28.

29. Where a person is convicted of a criminal offence or an indictable offence referred to in section 26, the person’s taxi driver’s permit shall be revoked by operation of law and the judge pronouncing the conviction shall inform the person of the conviction and order that the permit be confiscated and returned to the Société or, where applicable, to the municipal or supramunicipal authority which issued it.

The notice may be given at the time of the decision or after the decision has been rendered. In any case, the date of confiscation is deemed to be the date of the conviction.

2001, c. 15, s. 29.

30. The Société shall suspend or revoke the taxi driver’s permit it has delivered to a person upon the driver’s licence of that person being suspended or revoked, unless a restricted permit has been issued in accordance with section 118 of the Highway Safety Code (chapter C-24.2).

Where the taxi driver’s permit has been issued by a municipal or supramunicipal authority, the Société shall notify the authority of the suspension or revocation of the driver’s licence of the holder of that taxi driver’s permit, unless a restricted permit has been issued. Upon receiving the notice, the authority is required to suspend or revoke the taxi driver’s permit of the person.

2001, c. 15, s. 30.

31. Every person whose taxi driver’s permit is suspended or revoked shall return the permit to the Société or, where applicable, to the municipal or supramunicipal authority which issued it. Where a person refuses or fails to comply, the Société or, where applicable, the authority may ask a peace officer to confiscate the taxi driver’s permit of that person, who shall immediately hand over the permit to the peace officer who demands it.

2001, c. 15, s. 31.

CHAPTER III.1 OBLIGATION OF POLICE FORCES

2002, c. 49, s. 11.

31.1. Police forces in Québec are required to provide, in the cases and according to the conditions determined by regulation, any information that is needed to ascertain the existence of an impediment under the second paragraph of section 11, the first paragraph and subparagraphs 1 and 2 of the third paragraph of section 18, the first paragraph of section 25 and subparagraphs 2, 3 and 4 of the first paragraph of section 26, including an indictment.

2002, c. 49, s. 11.

31.2. For the purposes of section 31.1, the investigation 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.

2002, c. 49, s. 11.

CHAPTER IV TAXI TRANSPORTATION SERVICE INTERMEDIARY’S PERMIT

32. The Commission shall issue a taxi transportation service intermediary’s permit to any person wishing to act as an intermediary in an area located in a territory determined by ministerial order, if the person pays the fees fixed by the Commission by regulation, and satisfies the other conditions prescribed by regulation, in particular the payment of the duties.

Despite the first paragraph, a taxi transportation service intermediary who provides transportation services exclusively by means of handicapped accessible taxis may serve any servicing area comprised in the territory determined by ministerial order under the first paragraph that includes the servicing area for which the intermediary holds a permit.

An intermediary’s permit may be subject to special conditions and restrictions.

The Government may, by order, delegate the exercise of the powers under this section to any municipal or supramunicipal authority it indicates.

2001, c. 15, s. 32; 2009, c. 17, s. 7; 2016, c. 22, s. 11.

33. A taxi transportation service intermediary’s permit shall be issued for a maximum period of five years and may not be assigned or transferred. It may be renewed on the expiry of the period for which it was issued.

Section 21 applies to a taxi transportation service intermediary’s permit.

For the purposes of the second paragraph, joining a cooperative does not constitute an acquisition of interest.

2001, c. 15, s. 33; 2016, c. 22, s. 12.

34. Only a holder of a taxi transportation service intermediary’s permit may, by any means, provide holders of a taxi owner’s permit and holders of a taxi driver’s permit with publicity, taxi transportation service request distribution or other similar services in a servicing area covered by a ministerial order made under section 32.

The first paragraph does not apply to a travel agent’s licence holder within the meaning of the Travel Agents Act (chapter A-10) or to a person installing a sign to advertise a taxi stand.

2001, c. 15, s. 34; 2016, c. 22, s. 13.

Not in force

34.1. Holders of a taxi transportation service intermediary’s permit must, not later than 180 days after the date the permit is issued, submit for the approval of the Commission a by-law on the conduct and ethics required of the taxi owners and drivers to whom they provide services

Any changes made to the by-law by the permit holder must be submitted to the Commission for approval.

2009, c. 17, s. 8.

34.2. The Commission may refuse to issue a taxi transportation service intermediary’s permit, or revoke or suspend such a permit, if the intermediary concerned

(1)  has been found guilty in the last five years of a criminal or indictable offence committed while operating a taxi transportation enterprise or a taxi transportation service intermediary’s enterprise;

(2)  has been found guilty in the last five years of a criminal or indictable offence related to the aptitudes and conduct required to operate a taxi transportation service intermediary’s enterprise; or

(3)  has failed to pay a fine that is not under appeal and that was imposed under this Act, the Transport Act (chapter T-12) or the Highway Safety Code (chapter C-24.2).

It may also suspend or revoke an intermediary’s permit, or impose conditions applicable to the maintenance of such a permit, if the intermediary concerned

(1)  engages in practices that compromise the safety of users;

Not in force

(2)  fails to adopt, to submit for the Commission’s approval or to apply the by-law referred to in section 34.1 or any changes made to it;

(3)  fails to comply with or enforce the provisions of a regulation or by-law adopted under this Act, such as the provisions concerning hours of service, the collection, keeping and transmission of information, the passing of internal by-laws and services to handicapped persons; or

(4)  refuses to submit to an inspection or hinders the work of a person authorized to conduct such an inspection under this Act, the Highway Safety Code or the Transport Act.

2009, c. 17, s. 8; 2016, c. 22, s. 15.

CHAPTER V

Repealed, 2009, c. 17, s. 9.

2009, c. 17, s. 9.

35. (Repealed).

2001, c. 15, s. 35; 2009, c. 17, s. 9.

36. (Repealed).

2001, c. 15, s. 36; 2009, c. 17, s. 9.

37. (Repealed).

2001, c. 15, s. 37; 2009, c. 17, s. 9.

38. (Repealed).

2001, c. 15, s. 38; 2009, c. 17, s. 9.

39. (Repealed).

2001, c. 15, s. 39; 2009, c. 17, s. 9.

40. (Repealed).

2001, c. 15, s. 40; 2002, c. 49, s. 12; 2009, c. 17, s. 9.

41. (Repealed).

2001, c. 15, s. 41; 2009, c. 17, s. 9.

42. (Repealed).

2001, c. 15, s. 42; 2009, c. 17, s. 9.

43. (Repealed).

2001, c. 15, s. 43; 2009, c. 17, s. 9.

44. (Repealed).

2001, c. 15, s. 44; 2009, c. 17, s. 9.

45. (Repealed).

2001, c. 15, s. 45; 2009, c. 17, s. 9.

46. (Repealed).

2001, c. 15, s. 46; 2009, c. 17, s. 9.

47. (Repealed).

2001, c. 15, s. 47; 2009, c. 17, s. 9.

CHAPTER VI OBLIGATIONS OF OWNERS, DRIVERS AND INTERMEDIARIES

48. The holder of a taxi driver’s permit must keep in the automobile of which he or she has custody or control a copy of the contract of employment or leasing contract entered into with the holder of a taxi owner’s permit.

2001, c. 15, s. 48.

49. The holder of a taxi owner’s permit or the holder of a taxi transportation service intermediary’s permit, where the permit holder is subject to certain restrictions as regards the permit holder’s operations, must notify thereof all holders of a taxi owner’s permit and all holders of a taxi driver’s permit to whom the permit holder is bound.

2001, c. 15, s. 49.

50. No publicity, taxi transportation service request distribution or other similar services may be provided to a person who is not the holder of a taxi owner’s permit or a taxi driver’s permit.

2001, c. 15, s. 50; 2016, c. 22, s. 16.

51. Every driver of a taxi, limousine and “de grand luxe” limousine must, in accordance with the standards prescribed by regulation, fill, keep up to date and keep in the automobile an inspection report of the automobile the driver operates.

The driver must conduct a pre-departure inspection of the automobile he or she operates and record in the inspection report his or her observations on the mechanical condition and cleanliness of the automobile. A driver may not have more than one inspection report for the automobile he or she operates.

Where the driver is not the holder of the taxi owner’s permit, he or she must without delay inform the holder of the taxi owner’s permit of any defect recorded and forward a copy of the automobile’s inspection report to the holder of the taxi owner’s permit.

2001, c. 15, s. 51.

52. A driver who discovers after departure a mechanical defect must report the defect without delay to the holder of the taxi owner’s permit according to the form and tenor determined by regulation.

2001, c. 15, s. 52.

53. No person shall operate a taxi, limousine or “de grand luxe” limousine that has a major defect, within the meaning of the second paragraph of section 58, discovered during an inspection.

2001, c. 15, s. 53.

54. A driver whose taxi driver’s licence or driver’s licence or class authorizing the driving of a taxi has been modified, suspended or revoked must without delay notify the holder of the taxi owner’s permit in the manner determined by regulation.

2001, c. 15, s. 54.

55. A driver must, at the request of a peace officer or a person authorized to act as an inspector or investigator, hand over his or her taxi driver’s permit, the inspection report referred to in section 51 and a copy of the leasing contract or the contract of employment.

2001, c. 15, s. 55; 2016, c. 22, s. 17.

56. The holder of a taxi owner’s permit must maintain his or her taxi, limousine or “de grand luxe” limousine in good condition and comply with the standards applicable to the construction, identification and mechanical maintenance of such automobiles and their mandatory equipment and ensure that mechanical inspection is performed under the conditions determined by regulation or under the Highway Safety Code (chapter C‐24.2).

The driver of a taxi, limousine or “de grand luxe” limousine must ensure that both the car body and passenger compartment of the automobile are clean and that the equipment including, where applicable, the taximeter and domelight, functions properly.

2001, c. 15, s. 56.

57. The holder of a taxi owner’s permit must correct any defect that is reported to the permit holder. In the case of a minor defect, the permit holder must make the necessary repairs or have them made within 48 hours to preserve the right to maintain the taxi, limousine or “de grand luxe” limousine in operation. In the case of a major defect, the automobile may not be operated.

All major repairs must be made according to prevailing standards by a certified mechanic.

2001, c. 15, s. 57.

58. The holder of a taxi owner’s permit who is advised that a notice of defect has been issued by a vehicle manufacturer pursuant to the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16) must without delay take the necessary measures to have the defect corrected as specified in the manufacturer’s directions or to have the vehicle repaired or modified so as to eliminate the defect.

Any minor or major defect listed in the Regulation respecting safety standards for road vehicles (chapter C-24.2, r. 32) constitutes a defect within the meaning of this section.

2001, c. 15, s. 58.

59. The holder of a taxi transportation service intermediary’s permit that provides the services of a driver to the holder of a taxi owner’s permit must keep the records, reports, files and other documents prescribed by regulation. The same applies to the holder of a taxi owner’s permit who uses the services of a driver under a contract of employment or a leasing contract.

2001, c. 15, s. 59.

59.1. The holder of a taxi transportation service intermediary’s permit must, at all times, provide taxi transportation service request distribution services throughout the territory of any servicing area served by the holder.

2016, c. 22, s. 18.

59.2. The holder of a taxi transportation service intermediary’s permit is required, on the conditions prescribed by regulation, to collect and keep information on the hours of work performed by the holders of a taxi driver’s permit to whom the holder provides services, the type, number, duration and distance of trips, the zones served and taxi stands, and any other similar matter determined by regulation.

The holder must, at the Commission’s request, transmit the information to the Commission.

2016, c. 22, s. 18.

CHAPTER VII RATE STRUCTURE

60. The Commission shall set the applicable rates for transportation services by taxi after a public hearing.

The Commission shall set the basic rate structure that applies for all servicing areas. It may also set special rates, which may vary from one area to another or according to the category of services provided.

Any rate structure referred to in the second paragraph may vary according to the day or time of day when the service is provided.

After a special hearing, the Commission may also set, for specialized transportation services by taxi, rates that may vary according to requests made by certain holders of taxi owner’s permits providing specialized services.

The fixing of rates for transportation services by taxi must be preceded by a notice published in a daily newspaper inviting interested persons to attend. Except in the case of rates fixed at a special hearing, which do not require publication, the rates fixed must be published in the Gazette officielle du Québec and on the Commission’s website.

2001, c. 15, s. 60; 2016, c. 22, s. 19.

61. The rates applicable to transportation by taxi shall be fixed by the Commission in such a manner that the fare is calculated according to one or more of the following methods: with a taximeter, by zone, by the hour or by fractions of an hour, with an odometer or according to any other method determined by regulation.

2001, c. 15, s. 61.

62. A fare may be agreed upon with a customer, even if it differs from the rates set by the Commission, if the parties enter into a contract in writing, a copy of which is kept in the automobile or at the principal establishment of the holder of a taxi owner’s permit or of a taxi transportation service intermediary’s permit. In addition, the holder must comply with the conditions applicable to the making of such a contract that are prescribed by regulation.

A fare may also differ from the rates set by the Commission according to the technological means used to make the taxi transportation service request, to the extent and on the conditions determined by government regulation.

2001, c. 15, s. 62; 2016, c. 22, s. 20.

63. The fare charged for shared transportation by taxi shall be the fare prescribed by regulation or in the contract under which it is authorized on the basis of the routes and services specified therein.

2001, c. 15, s. 63.

64. No taxi driver may require a customer to pay, in addition to the fare calculated in accordance with the rate structure, any charge other than a charge prescribed by regulation.

2001, c. 15, s. 64.

65. Any customer of a transportation service by taxi who refuses to pay the fare and the charges, if any, shall, for the purposes of a civil remedy, produce identification at the request of a peace officer.

2001, c. 15, s. 65.

CHAPTER VIII INSPECTION, INQUIRY, SEIZURE AND SUSPENSION

2001, c. 15; 2016, c. 22, s. 21.

66. Any peace officer, any person specially authorized by the Minister or any employee authorized by a municipal or supramunicipal authority entrusted with the administration of this Act may, in pursuit of that responsibility, act as an inspector to ascertain compliance with this Act and the regulations.

2001, c. 15, s. 66; 2016, c. 22, s. 22.

67. Any person authorized to act as an inspector may, in the performance of duties, to ascertain compliance with this Act and the regulations,

(1)  enter, at any reasonable time, the establishment of a holder of a taxi owner’s permit, of a holder of a taxi transportation service intermediary’s permit, of an organization, of a non-profit legal person or of an enterprise referred to in section 2 and inspect the establishment;

(2)  examine and make copies of the books, registers, accounts, records and other documents containing information related to the activities of a person referred to in subparagraph 1;

(3)  stop an automobile used on a public highway if the person has reasonable grounds to believe that the automobile is being used to provide passenger transportation that is subject to this Act, inspect it and examine any document and report relating to the application of this Act and the regulations;

(4)  require that any contract made under this Act be communicated for examination;

(5)  require any information relating to the application of this Act and the regulations and the production of any relevant document.

Any person having custody, possession or control of such books, registers, accounts, records, contracts and other documents shall, if so required, give access thereto to the person making the inspection and facilitate the person’s examination thereof.

2001, c. 15, s. 67; 2009, c. 17, s. 10; 2016, c. 22, s. 23.

67.1. Any peace officer, any person specially authorized by the Minister or any employee authorized by a municipal or supramunicipal authority entrusted with the administration of this Act may act as an investigator for the purposes of this Act and the regulations.

2016, c. 22, s. 24.

67.2. A person authorized to act as an inspector or investigator may not be prosecuted for acts in good faith in the exercise of inspection or inquiry functions.

2016, c. 22, s. 24.

68. The Société de l’assurance automobile du Québec and an authority referred to in section 13 may enter into an agreement concerning the application of the provisions of the Highway Safety Code (chapter C‐24.2) specified in the agreement whereby the authority is granted the supplementary powers necessary to exercise its powers of control under this Act. The agreement must be approved by order before it comes into force.

From the date of publication of the order in the Gazette officielle du Québec, the employee of the authority party to the agreement who is entrusted with the application of this Act by such authority is deemed to be an inspector entrusted with the application of the provisions of the Highway Safety Code specified in the agreement.

Sections 112, 587.1, 597, 598 and 649 of the Highway Safety Code apply, with the necessary modifications, to any agreement entered into in the first paragraph.

2001, c. 15, s. 68.

69. No person may hinder a peace officer or a person authorized to act as an inspector, mislead the peace officer or person by concealment or false declarations or conceal or destroy a document pertinent to an inspection.

2001, c. 15, s. 69.

70. A person authorized by this Act to make an inspection shall produce identification and exhibit a certificate attesting his or her capacity or, as the case may be, show his or her badge.

The authorized person shall return to the driver of a taxi, limousine or “de grand luxe” limousine, after examination, the inspection report, the taxi driver’s licence and the copy of the contract referred to in section 55.

2001, c. 15, s. 70.

71. Any person authorized to act as an inspector or investigator, as the case may be, may immediately seize an automobile if the person has reasonable grounds to believe that it is being used or has been used to commit an offence

(1)  under paragraph 1 of section 117, until the court having jurisdiction or a judge thereof authorizes its release with security; or

(2)  under any other provision of this Act or the regulations, and that the person who used or is using the automobile could abscond, until the court having jurisdiction or a judge thereof authorizes its release with or without security.

The security required under subparagraphs 1 and 2 of the first paragraph is equal to the amount of the fine prescribed for the offence.

A person who seizes an automobile has custody of it, at the owner’s expense, until a court having jurisdiction declares it confiscated or orders that it be returned to its owner. The judge who makes such an order may subject the return of the automobile to certain conditions.

In the case of a subsequent offence under paragraph 1 of section 117 of which the defendant is convicted or deemed convicted, the judge shall make an order, with the conditions the judge determines, to ensure that the automobile is not used for a period of 30 days for a second offence and 90 days for a subsequent offence.

2001, c. 15, s. 71; 2009, c. 17, s. 11; 2016, c. 22, s. 25.

71.1. A peace officer or an employee authorized for that purpose by a municipal or supramunicipal authority entrusted with the administration of this Act who has reasonable grounds to believe that a person is contravening paragraph 2 of section 117 shall immediately suspend, on behalf of the Société, for a period of seven days,

(1)  the licence referred to in section 61 of the Highway Safety Code (chapter C‑24.2) that the person holds; or

(2)  if the person does not hold such a licence, the person’s right to obtain one.

The suspension period is increased to 30 days for a second offence and 90 days for a subsequent offence in the case of a person who was convicted of an offence under paragraph 2 of section 117 during the 10 years before the suspension.

2016, c. 22, s. 26.

71.2. A person whose licence or right to obtain a licence has been suspended in accordance with section 71.1 may have the suspension lifted by a judge of the Court of Québec acting in chambers in civil matters after the person establishes that he or she did not contravene paragraph 2 of section 117.

2016, c. 22, s. 26.

71.3. Sections 202.6.1 and 202.7, the second paragraph of section 209.11 and section 209.12 of the Highway Safety Code (chapter C‑24.2) apply in the case of a licence suspension under section 71.1, with the necessary modifications.

2016, c. 22, s. 26.

71.4. In the case of a person whose licence or right to obtain a licence has been suspended in accordance with section 71.1, the peace officer or authorized employee shall immediately seize the automobile and impound it on behalf of the Société and at the owner’s expense for a period equivalent to the period of the licence suspension.

2016, c. 22, s. 26.

71.5. Sections 209.3 and 209.10 of the Highway Safety Code (chapter C‑24.2) apply to a seizure under section 71.4, with the necessary modifications.

2016, c. 22, s. 26.

71.6. The owner of the seized automobile may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover the automobile

(1)  if the owner was not the driver of the automobile and could not reasonably have foreseen that the driver of the automobile would contravene paragraph 2 of section 117; or

(2)  if the owner was the driver of the automobile and establishes that he or she did not contravene paragraph 2 of section 117.

If the person concerned in subparagraph 2 of the first paragraph obtains release from seizure, the Société shall lift the suspension of the licence or of the right to obtain a licence imposed under section 71.1.

The second paragraph of section 209.11 and sections 209.11.1 to 209.17 of the Highway Safety Code (chapter C-24.2) apply with the necessary modifications.

2016, c. 22, s. 26.

71.7. The suspension of a driver’s licence or of the right to obtain one under section 71.1 constitutes a penalty for the purposes of sections 105 and 106 of the Highway Safety Code (chapter C-24.2).

2016, c. 22, s. 26.

CHAPTER IX

(Repealed).

2009, c. 17, s. 12; 2016, c. 22, s. 27.

72. (Repealed).

2001, c. 15, s. 72; 2009, c. 17, s. 12; 2016, c. 22, s. 27.

73. (Repealed).

2001, c. 15, s. 73; 2009, c. 17, s. 12; 2016, c. 22, s. 27.

74. (Replaced).

2001, c. 15, s. 74; 2009, c. 17, s. 12.

75. (Replaced).

2001, c. 15, s. 75; 2009, c. 17, s. 12.

76. (Replaced).

2001, c. 15, s. 76; 2009, c. 17, s. 12.

77. (Replaced).

2001, c. 15, s. 77; 2009, c. 17, s. 12.

78. (Replaced).

2001, c. 15, s. 78; 2009, c. 17, s. 12.

CHAPTER X POWERS OF THE COMMISSION DES TRANSPORTS DU QUÉBEC

79. The Commission des transports du Québec may, for the purposes of this Act, promptly take one or more of the following measures:

(1)  issue, renew, transfer, restrict, alter, suspend or revoke a taxi owner’s permit;

(2)  grant a holder of a taxi owner’s permit authorization to specialize the permit holder’s transportation services by taxi, so as to offer only limousine or “de grand luxe” limousine services or any other specialized service authorized by this Act and the regulations thereunder, or to abandon such specialization;

(3)  issue, renew, restrict, alter, suspend or revoke a taxi transportation service intermediary’s permit;

(4)  (subparagraph repealed);

(5)  require that an identification sticker, of the form and tenor it determines by regulation, be affixed to taxis, limousines or “de grand luxe” limousines, at the place it prescribes, to identify the holder of a taxi owner’s permit, the territory and the specialized services the permit holder is authorized to offer, and fix, by regulation, the fee payable to obtain or renew the sticker;

(6)  inspect and affix seals to taximeters or authorize, for the territory it specifies, a person to do so on its behalf and fix the fee payable therefor;

(7)  determine the territories in respect of which a taxi need not be equipped with a taximeter;

(8)  (subparagraph repealed);

(9)  impose to all or to some holders of a taxi owner’s permit special conditions or restrictions concerning, in particular, the qualifications of drivers;

(10)  where it considers it necessary for the public interest, appoint, for the period it fixes and at the expense of the holder of a transportation service intermediary’s permit that provides call distribution services, an administrator who shall exercise alone the powers of the board of directors of the enterprise;

(11)  appoint, for the period it fixes and at the expense of the person concerned, a supervisor who will report on the call distribution services of any taxi, limousine or “de grand luxe” limousine;

(12)  take any other measure it considers appropriate and reasonable.

The rules of procedure and the rules for the internal management of the Commission made under section 48 of the Transport Act (chapter T‐12) apply, with the necessary modifications, to proceedings instituted under this Act.

The Commission may, in rendering a decision, take the public interest into account.

The decisions of the Commission are public. The Commission shall make its decisions known to the public in the manner it considers appropriate.

2001, c. 15, s. 79; 2016, c. 22, s. 28.

80. The Commission shall, before rendering a decision referred to in section 79, notify the person concerned and, where applicable, the hypothecary creditor in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and allow the person at least 10 days to present observations.

An exception shall be made to such prior obligations if the decision is made in urgent circumstances or to prevent irreparable harm to users of taxi transportation services.

2001, c. 15, s. 80; 2009, c. 17, s. 13; 2016, c. 22, s. 29.

81. The decisions of the Commission may be reviewed under sections 17.2 to 17.4 of the Transport Act (chapter T‐12).

2001, c. 15, s. 81.

82. The Commission may, on its own initiative or on request, make an inquiry to determine whether a person is contravening this Act or the regulations thereunder.

The Commission may also, when it is informed that a person subject to this Act endangers the safety of users by contravening, in particular, the first paragraph of section 57 or the first paragraph of section 58, withdraw a person’s right to maintain the automobile concerned in operation. The procedure established under section 35 of the Transport Act (chapter T‐12) then applies.

The Commission may also, when it is informed or becomes aware that the holder of a taxi driver’s permit is charged with a criminal or indictable offence referred to in any of subparagraphs 2 to 4 of the first paragraph of section 26, make an inquiry to determine whether the impediment compromises the safety of users and, where appropriate, order the Société or the authority referred to in section 25 to suspend that person’s taxi driver’s permit until a court has rendered judgment. The Société or authority must suspend the taxi driver’s permit of a holder as soon as a notice of suspension is received from the Commission.

Following an inquiry, the Commission may also, where a holder of a taxi driver’s permit has charged a higher fare than that fixed by the Commission, order the Société or the authority referred to in section 25 to suspend the permit for a period determined by the Commission. The Société or authority must suspend the permit as soon as the notice of suspension is received from the Commission.

The Commission may, on its own initiative or on request, order the Société to withdraw, from a person who has offered or provided a taxi transportation service without holding the permit or licence required under this Act, the right to maintain in operation the automobile used for that purpose. The procedure established under section 35 of the Transport Act applies.

2001, c. 15, s. 82; 2002, c. 49, s. 13; 2009, c. 17, s. 14; 2016, c. 22, s. 30.

82.1. Where information relating to an indictment is transmitted to the Commission by a police force in accordance with a regulation made under subparagraph 7 of the first paragraph of section 88, the Commission may, in particular, use the information on taking a measure under subparagraph 12 of the first paragraph of section 79.

2002, c. 49, s. 14.

83. The Commission is deemed to have sufficient interest to apply for an injunction, pursuant to articles 509 to 515 of the Code of Civil Procedure (chapter C-25.01), to prohibit a hypothecary creditor from engaging, for the period fixed by the court, in any commercial practice with respect to the financing of a taxi owner’s permit where the Commission shows that the creditor has incited his or her debtor to commit an act contrary to this Act for which he or she has been found guilty.

The injunction may be accompanied with punitive damages.

Notwithstanding the fourth paragraph of section 20, the Commission shall not allow the intervention of a creditor if the creditor is the subject of an order referred to in the first paragraph.

2001, c. 15, s. 83; I.N. 2016-01-01 (NCCP).

83.1. The Société and any municipal or supramunicipal authority entrusted with the administration of this Act shall make available to the Commission any information the Commission requires in order to make a decision in a matter that is before the Commission or that is referred to the Commission under this Act.

2016, c. 22, s. 31.

84. The Commission may enter into any administrative agreement necessary for the purposes of this Act with any minister or body.

The Commission may enter into an administrative agreement with the Minister of Justice to allow the Commission, on the terms and conditions provided for in the agreement, to act in the capacity of mandatary to recover the fines covered by the agreement.

Following an agreement with any other minister or body, the Commission may, in particular, accept a mandate to collect the information required for the registration of a person who is subject to a special obligation enforceable by that authority, and to collect the related fees and charges.

The Commission may, with the approval of the Minister and subject to the conditions it establishes, appoint and authorize persons to collect on its behalf the sums referred to in this section and to make any transaction it indicates relating to the application of this Act, and may determine the amount and method of compensation of the persons appointed.

2001, c. 15, s. 84.

CHAPTER X.0.1 MEDIATION

2011, c. 9, s. 19.

84.0.1. Subdivision 2.1 of Division V of the Transport Act (chapter T-12) applies to transportation by taxi.

2011, c. 9, s. 19.

CHAPTER X.1 ARBITRATION

2009, c. 17, s. 15.

84.1. The chair of the Commission may, on request from either party, appoint an arbitrator to settle a dispute concerning the application of a provision of any conduct and ethics by-law between the holder of a taxi transportation service intermediary’s permit and a taxi owner or driver to whom the former provides services.

2009, c. 17, s. 15.

84.2. The arbitrator may not have an interest in the dispute or have acted as a representative of either party, or, unless the parties agree to it, have acted as a mediator in a dispute between the parties.

2009, c. 17, s. 15; 2011, c. 9, s. 20.

84.3. The arbitrator has all the powers necessary for the exercise of his or her jurisdiction. The arbitrator settles the dispute in accordance with the applicable rules of law and decides on every question of fact. The arbitrator may, in particular, order either party to do or not do something.

2009, c. 17, s. 15.

84.4. The arbitrator’s decision must be rendered within three months after being taken under advisement. It must be in writing, give reasons and be signed. It must be forwarded without delay to the parties. The decision is public and forms part of the records of the Commission.

The arbitrator’s decision has effect from the date it is signed or from any later date given in the decision and is enforceable as a decision of the Commission.

No appeal lies from the arbitrator’s decision.

2009, c. 17, s. 15; 2011, c. 9, s. 21.

84.4.1. The losing party must pay the arbitration costs determined by regulation of the Commission unless, in a substantiated decision, the arbitrator orders the other party to pay all the costs or determines the proportion of the costs each party must pay.

2011, c. 9, s. 22.

84.5. The arbitrator may not be prosecuted for an official act in good faith in the exercise of arbitration functions.

2009, c. 17, s. 15.

CHAPTER XI PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

85. Only an individual 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.

2001, c. 15, s. 85; 2009, c. 17, s. 16.

86. The Attorney General may, by virtue of office and without notice, take part in a hearing as if the Attorney General were party thereto.

2001, c. 15, s. 86.

87. 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 or the regulations.

2001, c. 15, s. 87.

CHAPTER XII REGULATORY PROVISIONS

88. The Government may make regulations

(1)  (subparagraph repealed);

(1.01)  determining the maximum amount of the financial contribution that may be required for remunerated passenger transportation services by automobile under subparagraph i of subparagraph c of paragraph 3 of section 2 and subparagraph g of paragraph 3 of section 2;

(1.1)  setting, for each servicing area the regulation specifies, the maximum number of permits that may be issued by the Commission, identifying categories of services and prescribing conditions;

(2)  fixing the annual duties payable to obtain, maintain or renew a taxi owner’s permit, a taxi driver’s permit or a taxi transportation service intermediary’s permit, and prescribing any other conditions pertaining thereto, including the obligation for the holder of a taxi driver’s permit to comply with the assessment measures prescribed by regulation;

(2.1)  (subparagraph repealed);

(2.2)  fixing, for any period the Government determines, the additional annual duties payable to obtain, maintain or renew the taxi owner’s permits it specifies, the amount of which may vary according to the servicing area, the categories of services identified and the conditions prescribed under subparagraph 1.1 or the number of permits held by a same holder;

(2.3)  prescribing conditions relating to the collection, keeping and transmission of information under section 59.2 and conditions relating to the making of internal by-laws as well as standards for services rendered to handicapped persons;

(3)  prescribing the conditions the holders of a taxi owner’s permit of an area it indicates must comply with to serve the regional infrastructures or equipment it indicates and prescribing prohibitions as regards permit holders whose servicing area includes the infrastructure or equipment it indicates;

(4)  determining the places at which shared transportation services may be provided, fixing the applicable conditions and determining the fare for shared transportation by taxi, on the basis of the routes or services specified therein;

(5)  prescribing, for each class of automobile, the requirements and standards concerning the mechanical maintenance and the conditions applicable to the mechanical inspection;

(6)  fixing the duties payable for the acquisition of an interest, referred to in section 21, or the transfer of a taxi owner’s permit and prescribing the other conditions pertaining thereto;

(7)  determining, for the purposes of this Act, the cases in which and the conditions according to which a certificate containing the information referred to in section 31.1 must be furnished, the form and content of the certificate and the time when it must be furnished, and determining the servicing areas where a person must file such a certificate to obtain or renew a taxi owner’s permit or a taxi driver’s permit;

(8)  determining the conditions the holder of a taxi owner’s permit must comply with when offering or providing specialized transportation services;

(9)  for the purposes of section 27, determining for the areas and territories it indicates, the training qualifications pertaining to toponymic and geographical knowledge, and the qualifications relating to the basic knowledge, skills, abilities and conduct required to carry on the occupation of taxi driver in a particular territory;

(10)  determining the other information that must appear on a taxi driver’s permit;

(11)  prescribing pre-departure and post-departure inspection standards according to the class of automobile, and standards relating to the form and tenor of inspection reports;

(12)  determining the standards applicable to the communication of information for the purposes of section 54;

(13)  determining the data sheets, reports, files and other documents necessary for the purposes of section 59;

(14)  determining, for the purposes of section 61, alternate methods for calculating fares;

(15)  determining the conditions that a permit holder must comply with when entering into a contract that is referred to in the first paragraph of section 62 and that allows the holder to disregard the rates set by the Commission;

(15.1)  prescribing in which cases and on what conditions a fare may differ from the rate structure set by the Commission according to the technological means used to request taxi transportation services;

(16)  prescribing other charges that may be required for a trip;

(16.1)  determining the cases in which the holder of a taxi owner’s permit must equip the holder’s automobile with an electronic payment terminal, for debit or credit cards, which issues a transaction receipt and prescribing the obligations of the holder and of holders of a taxi driver’s permit with respect to the use of such a terminal; and

(17)  determining which regulations under this section carry a penalty under section 115 for any contravention.

A regulation made under subparagraph 5 may limit the use of an automobile to certain transportation services depending on the construction, maintenance, operation, custody, salubrity and identification standards established for such an automobile. The regulation may also prescribe the makes and models of automobile that may be attached to a taxi owner’s permit as well as the years of manufacture determined according to transportation services authorized by the Commission. It may also prohibit or make mandatory the installation and upkeep of equipment. The regulation may, for servicing areas it specifies, establish conditions, including standards and procedures, related to the manufacture, operation and upkeep of taximeters, require that taximeters be inspected and sealed at the intervals it specifies and prescribe the cases where a taxi must be equipped with a taximeter, and the place where it should be installed. The regulation may, where applicable, specify the technical standards and the functional capability of the equipment and devices indicated in the regulation and provide exceptions with respect to the transportation services and the territories indicated in the regulation.

2001, c. 15, s. 88; 2002, c. 49, s. 15; 2009, c. 17, s. 17; 2016, c. 22, s. 32.

89. The Government may delegate to a municipal or supramunicipal authority the exercise of a power conferred on it under subparagraphs 3 to 5, 7 to 13, 15 and 16 to 17 of the first paragraph of section 88. Any regulation made by an authorized authority shall replace in a territory under the jurisdiction of the authority any regulation to the same effect made by the Government unless such a regulation, made under the second paragraph of section 88, applies to a taximeter.

Any municipal or supramunicipal authority may also, by regulation,

(1)  to finance activities related to the exercise of a power it exercises under this section, impose and collect, each year, additional duties payable by each holder of a taxi owner’s permit in its territory for every permit obtained or renewed;

(2)  prescribe any condition in respect of a taxi owner’s permit whose servicing area is situated in its territory;

(3)  fix the annual duties payable for the issue, maintenance or renewal of a taxi driver’s permit or a taxi transportation service intermediary’s permit and prescribe the other conditions pertaining thereto.

Where a municipal or supramunicipal authority exercises the power referred to in subparagraph 1 of the second paragraph, the Government may reduce the duties payable by the same permit holders under subparagraph 2 of the first paragraph of section 88.

2001, c. 15, s. 89; 2002, c. 49, s. 16; 2016, c. 22, s. 33.

89.1. The Minister may, by order, authorize pilot projects designed to experiment or innovate in the area of taxi transportation services or to study, improve or define standards applicable to that area. The Minister may also, within the scope of such pilot projects, authorize any person or body that is a holder of a taxi owner’s permit or a taxi transportation service intermediary’s permit issued under this Act, or a business partner of such a holder, to offer or provide taxi transportation services in compliance with standards and rules prescribed by the Minister that differ from those set out in this Act and the regulations or any other Act or regulation whose administration falls under the Minister’s responsibility, for the purpose of increasing the safety of users, improving the quality of the services offered, ensuring supply management of taxi transportation services that takes into consideration the public’s needs or fostering the development of the taxi transportation services industry, all in compliance with the principle of equity toward holders operating under any permit at the time the pilot project is implemented and with the applicable privacy protection rules.

Such pilot projects are to be conducted for a period of up to two years, which the Minister may extend by up to one year. The Minister may modify or terminate a pilot project at any time. The Minister may also determine the provisions of a pilot project whose violation constitutes an offence and determine the minimum and maximum amounts for which the offender is liable, which may not be less than $200 or more than $3,000.

The details of the pilot project must be published on the department’s and the Commission’s websites at least 20 days before its implementation.

The publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) does not apply to a pilot project established under this section.

2015, c. 16, s. 11; 2016, c. 22, s. 34.

89.2. A decision or regulation made by the Government under section 5.1 or 10.1 must be the subject of a prior public consultation by the Commission des transports du Québec at the Minister’s request.

2016, c. 22, s. 35.

CHAPTER XIII PENAL PROVISIONS

DIVISION I GENERAL OFFENCES

90. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $125 to $375 who

(1)  replaces an automobile without registering the replacement with the Commission before using the automobile pursuant to the permit; or

(2)  uses his or her taxi owner’s permit in contravention of conditions established by a regulation under subparagraph 2 of the first paragraph of section 88 or by providing or not providing service, as the case may be, in territories which include regional infrastructures or equipment identified in a regulation made under subparagraph 3 of the same section.

2001, c. 15, s. 90.

91. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $250 to $750 who

(1)  uses his or her taxi owner’s permit in a territory other than the servicing area under the permit unless no permit was issued in respect of the territory or the pick-up point or the destination of the trip is located in the servicing area indicated in the permit;

(2)  offers shared transportation services otherwise than under a contract with a municipal or supramunicipal authority or with a person referred to in an order made under the first paragraph of section 7;

(3)  provides shared transportation services although the territory served under the taxi owner’s permit is not included, wholly or in part, in the other contracting party’s territory;

(4)  being expressly authorized by the Commission to offer or provide specialized transportation services by taxi, offers or provides services by taxi that do not require an authorization from the Commission without having been authorized by the Commission to abandon the specialized services;

(5)  being expressly authorized by the Commission to offer or provide certain specialized transportation services by taxi, offers or provides specialized services that require a new authorization from the Commission; or

(6)  contravenes special conditions or restrictions applicable to the maintenance of a taxi owner’s permit imposed by the Commission.

2001, c. 15, s. 91.

92. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $300 to $900 who

(1)  provides shared passenger transportation services in contravention, as the case may be, of the authorized places or of the conditions established by a regulation referred to in the second paragraph of section 7; or

(2)  being expressly authorized by the Commission to offer or provide specialized transportation services by taxi, offers or provides services by taxi otherwise than in accordance with the requirements prescribed by a regulation referred to in section 14.

2001, c. 15, s. 92.

93. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $500 to $1,500 who

(1)  offers or provides specialized transportation services by taxi without being expressly authorized to do so by the Commission or without complying with the provisions of section 15; or

(2)  offers or provides specialized transportation services by taxi throughout Québec although the territory served under the taxi owner’s permit, before providing specialized services, is not included in the territory of a supramunicipal authority designated in the third paragraph of section 12.

2001, c. 15, s. 93.

94. Every holder of a taxi owner’s permit who occasionally or regularly offers or provides services by taxi comparable to those of an enterprise providing specialized transportation services by taxi and who refuses or fails to comply with any request made by a customer for private transportation services that are not specialized is guilty of an offence and liable to a fine of $600 to $1,800.

2001, c. 15, s. 94.

95. Every holder of a taxi owner’s permit who operates an automobile that does not meet the requirements established under a regulation referred to in section 8 or who, although the requirements are met, operates outside the category of specialized services the permit holder is authorized to provide is guilty of an offence and liable to a fine of $700 to $2,100.

2001, c. 15, s. 95.

96. Every holder of a taxi driver’s permit who, in a territory, operates or has custody of an automobile attached to a taxi owner’s permit without holding a taxi driver’s permit issued by the proper authority, unless the pick-up point or the destination of the trip is located in the territory for which the driver is authorized to provide services is guilty of an offence and liable to a fine of $300 to $900.

2001, c. 15, s. 96.

97. Every holder of a taxi driver’s permit who operates or has custody of an automobile attached to a taxi owner’s permit without holding a driver’s licence for the proper class under the Highway Safety Code (chapter C‐24.2) is guilty of an offence and liable to a fine of $350 to $1,050.

2001, c. 15, s. 97.

98. Every holder of a taxi driver’s permit who operates or has custody of an automobile attached to a taxi owner’s permit without being the owner of the automobile or without being bound to the holder of a taxi owner’s permit under a leasing contract or a contract of employment is guilty of an offence and liable to a fine of $350 to $1,050.

2001, c. 15, s. 98.

99. Every holder of a taxi transportation service intermediary’s permit who offers or provides services of publicity, call distribution or other similar services in contravention of a regulation referred to in the first paragraph of section 32 or contrary to the special conditions and restrictions prescribed by the Commission under the same section is guilty of an offence and liable to a fine of $600 to $1,800.

2001, c. 15, s. 99.

DIVISION II OFFENCES RESPECTING OPERATIONS

100. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $150 to $450 who

(1)  fails to inform the holders of a taxi driver’s permit, to whom the permit holder is bound by a contract of employment or a leasing contract, of restrictions imposed by the Commission on the permit holder’s operations; or

(2)  uses the services of a driver under a contract of employment or a leasing contract without holding or keeping up to date the records, reports, files and other documents prescribed by a regulation referred to in section 59.

2001, c. 15, s. 100.

101. Every holder of a taxi owner’s permit who fails to repair or cause to be repaired a minor defect within 48 hours from the time a driver reports the defect to the taxi owner’s permit holder is guilty of an offence and liable to a fine of $175 to $525.

2001, c. 15, s. 101.

102. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $350 to $1,050 who

(1)  fails to maintain the automobile attached to the permit in good condition or to respect the standards, conditions and procedures for the construction, identification and mechanical maintenance provided for by a regulation referred to in section 56; or

(2)  tolerates, permits or accepts that the automobile attached to the permit be repaired otherwise than in accordance with standard practice or by a person who is not a certified mechanic.

2001, c. 15, s. 102.

103. Every holder of a taxi owner’s permit is guilty of an offence and liable to a fine of $700 to $2,100 who

(1)  operates an automobile or entrusts to a driver the custody or operation of an automobile that is not the automobile attached to the taxi owner’s permit or that does not meet the requirements prescribed under this Act as regards the automobile;

(2)  being informed of a notice of defect issued by a vehicle manufacturer pursuant to the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16), fails to immediately ensure that the necessary measures are taken to correct the defect as indicated by the manufacturer or that the automobile is repaired or modified in such a way that the defect no longer exists; or

(3)  allows the operation of an automobile attached to the permit after observing or being notified by a driver that the automobile has a major defect that has not been repaired.

2001, c. 15, s. 103.

104. Every holder of a taxi driver’s permit is guilty of an offence and liable to a fine of $75 to $215 who

(1)  fails to keep in the automobile of which the driver has custody or control a copy of the contract of employment or leasing contract; or

(2)  operates a taxi, limousine or “de grand luxe” limousine the car body or passenger compartment of which are not clean or the equipment of which, in particular the taximeter and domelight, where applicable, does not function properly.

2001, c. 15, s. 104.

105. Every taxi, limousine or “de grand luxe” limousine driver is guilty of an offence and liable to a fine of $90 to $270 who

(1)  fails to fill, keep up to date or keep in the automobile the driver is operating a pre-departure inspection report in conformity with a regulation referred to in section 51;

(2)  is in possession of more than one pre-departure inspection reports relating to the automobile; or

(3)  fails to notify the holder of a taxi owner’s permit of a defect recorded in the pre-departure inspection report or fails to immediately transmit a copy of the inspection report to the taxi owner’s permit holder.

2001, c. 15, s. 105.

106. Every holder of a taxi driver’s permit who makes a trip outside the servicing area under the taxi owner’s permit attached to the automobile the driver is operating or outside any other place in which the permit authorizes the provision of service pursuant to this Act is guilty of an offence and liable to a fine of $125 to $375.

2001, c. 15, s. 106.

107. Every holder of a taxi driver’s permit is guilty of an offence and liable to a fine of $150 to $350 who

(1)  offers or provides a shared transportation service although the taxi the driver is operating is not authorized by a municipal or supramunicipal authority or by regulation, to be used to provide shared transportation or who, if the driver is authorized to offer or provide shared transportation, does so otherwise than in accordance with the prescribed conditions and procedure; or

(2)  provides private transportation for a fare that does not correspond to the rate fixed by the Commission unless the fare has been fixed in circumstances described in section 62.

2001, c. 15, s. 107; 2016, c. 22, s. 36.

108. Every taxi, limousine or “de grand luxe” limousine driver who, after discovering a mechanical defect, fails to report it without delay to the holder of a taxi owner’s permit in the form and tenor and in the manner prescribed by a regulation referred to in section 52 is guilty of an offence and liable to a fine of $175 to $525.

2001, c. 15, s. 108.

109. Every holder of a taxi driver’s permit who, notwithstanding the specialization of the taxi owner’s permit to which the automobile being operated by the driver is attached, fails to limit the services being provided to specialized services or, although limiting the provision of services, fails to meet the requirements prescribed under this Act for the category of specialized services the permit authorizes the holder to provide is guilty of an offence and liable to a fine of $250 to $750.

2001, c. 15, s. 109.

110. Every holder of a taxi driver’s permit is guilty of an offence and liable to a fine of $300 to $900 who

(1)  fails, in providing private transportation, to provide the customer and the persons the customer designates with exclusive transportation throughout the trip;

(2)  provides a private transportation service that does not meet the requirements prescribed under this Act for the territory served under the taxi owner’s permit to which the automobile being used is attached;

(3)  provides shared transportation for a fare other than that applicable under the regulation or the contract authorizing the transportation; or

(4)  imposes a charge or offers or gives a discount which are not authorized under this Act or the regulations.

2001, c. 15, s. 110.

111. Every holder of a taxi driver’s permit is guilty of an offence and liable to a fine of $350 to $1,050

(1)  who carries on his or her occupation with an automobile other than the automobile attached to the taxi owner’s permit;

(2)  who operates an automobile attached to a taxi owner’s permit although a major defect was discovered during a pre-departure inspection; or

(3)  who fails to notify without delay the holder of the taxi owner’s permit to which the automobile the driver is operating is attached, in the manner prescribed by a regulation referred to in section 54 that the driver’s licence or the class authorizing the operation of a taxi was modified, suspended or revoked.

2001, c. 15, s. 111.

112. Every holder of a taxi transportation service intermediary’s permit is guilty of an offence and liable to a fine of $150 to $450 who

(1)  fails to notify the holders of a taxi owner’s permit, to whom the intermediary is bound, of restrictions imposed on the intermediary’s operations by the Commission;

(2)  provides to the holder of a taxi owner’s permit the services of a driver without holding or keeping up to date the records, reports, files and other documents required by a regulation referred to in section 59; or

(3)  fails to collect or keep information as required under section 59.2 or to transmit such information to the Commission at the Commission’s request.

2001, c. 15, s. 112; 2016, c. 22, s. 37.

112.1. Every holder of a taxi transportation service intermediary’s permit is guilty of an offence and liable to a fine of $500 to $1,500 who

(1)  fails to provide, at all times, taxi transportation service request distribution services throughout the territory of each servicing area the holder serves; or

Not in force

(2)  fails to provide all persons having requested a trip with a means enabling them to assess the quality of the services rendered by the holder of a taxi driver’s permit.

2016, c. 22, s. 38.

113. Every holder of a taxi transportation service intermediary’s permit who provides services of publicity, call distribution or other similar services to a person who does not hold a taxi owner’s permit or to a person who does not hold a taxi driver’s permit is guilty of an offence and liable to a fine of $500 to $1,500.

2001, c. 15, s. 113.

114. Every person who hinders the action of a peace officer or a person authorized to act as an inspector for the purposes of this Act, misleads him or her by concealment or false declarations or refuses to give any information relating to a permit, report, contract or document subject to this Act or to produce a permit, report, contract or document for examination is guilty of an offence and liable to a fine of $500 to $1,500.

2001, c. 15, s. 114.

DIVISION III OTHER OFFENCES

115. Every person who contravenes a regulatory provision the contravention of which constitutes an offence and for which no other penalty is prescribed is guilty of an offence and liable to a fine of $125 to $375.

2001, c. 15, s. 115.

116. Every person who refuses to provide identification to a peace officer after refusing to pay a fare is guilty of an offence and liable to a fine of $250 to $700.

2001, c. 15, s. 116.

117. The following are guilty of an offence and liable to a fine of $2,500 to $25,000 in the case of a natural person and $5,000 to $50,000 in other cases:

(1)  anyone who offers taxi transportation services without holding a taxi owner’s permit;

(2)  anyone who offers or provides taxi transportation services without holding a driver’s licence of the appropriate class and a taxi driver’s permit;

(3)  despite the suspension of his or her driver’s licence or of the right to obtain one under section 71.1, anyone who operates an automobile while under a penalty as provided by section 71.7;

(4)  anyone who offers to lease an automobile with the services of a driver who does not hold a taxi driver’s permit; and

(5)  anyone who fails to return his or her taxi driver’s permit to the Société or the municipal or supramunicipal authority that issued it, or refuses to immediately hand over the permit to a peace officer who demands it, when the permit has been suspended or revoked.

2001, c. 15, s. 117; 2016, c. 22, s. 39.

118. Anyone who, without holding a taxi transportation service intermediary’s permit, provides publicity, taxi transportation service request distribution or other similar services in a servicing area covered by an order made under section 32 is guilty of an offence and liable to a fine of $5,000 to $50,000 in the case of a natural person and $10,000 to $100,000 in other cases.

2001, c. 15, s. 118; 2016, c. 22, s. 40.

118.1. For the purposes of sections 117 and 118, when determining the amount of the fine, the judge shall take into consideration such factors as

(1)  the seriousness of the harm or the risk of harm to human safety;

(2)  the duration of the offence;

(3)  the repetitive nature of the offence;

(4)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(5)  whether the offender acted intentionally or was reckless or negligent;

(6)  the revenues and other benefits derived by the offender from the offence; and

(7)  the offender’s past conduct.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2016, c. 22, s. 40.

118.2. Division III of Chapter XIII of the Code of Penal Procedure (chapter C-25.1) applies, with the necessary modifications, to the recovery of an amount payable by a person found guilty of an offence under section 117 or 118.

2016, c. 22, s. 40.

DIVISION IV PROOF AND PROCEDURE

119. Where a person is guilty of an offence under this Act or any of its regulations, every director, agent, mandatary for or employee of the person who ordered, authorized or recommended the commission of the offence or who consented thereto is a party to the offence and is liable to the penalty provided for the offence.

As well, in a proceeding for an offence under this Act or any of its regulations, proof that the offence was committed by a director, agent, mandatary for or employee of a person is sufficient to establish that the offence was also committed by the person unless he or she establishes that due care was exercised by taking all necessary measures to ensure compliance with this Act and its regulations.

2001, c. 15, s. 119.

120. Every person who does or omits to do something in order to aid another person to commit an offence under this Act or any of its regulations, or who advises, encourages or incites a person to commit an offence is a party to the offence and is liable to the penalty provided for the offence.

2001, c. 15, s. 120.

120.1. The minimum and maximum amounts of fines under Chapter XIII are doubled for a second offence and tripled for any subsequent offence.

2016, c. 22, s. 41.

121. In any proceedings, passenger transportation by automobile is deemed to be remunerated, unless there is proof to the contrary.

2001, c. 15, s. 121.

122. Where a peace officer or an employee of a municipal or supramunicipal authority entrusted with the administration of this Act ascertains an offence referred to in paragraph 2 of section 100, paragraph 1 or 2 of section 104 or paragraph 1 or 2 of section 105, the peace officer, the person specially authorized by the Minister or employee may serve a statement of offence on the offender with a notice enjoining the defendant to remedy the offence and furnish proof thereof within 48 hours.

The statement of offence is without effect if the required proof is furnished, within the time prescribed, to a peace officer or, where applicable, to the person specially authorized by the Minister or to an employee of a municipal or supramunicipal authority entrusted with the administration of this Act.

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.

2001, c. 15, s. 122.

123. A payment is considered to have been made once the proper sum is paid in cash or otherwise to the prosecuting party or another person designated by the prosecuting party.

The payment is presumed to have been made by the defendant upon whom the statement of offence was served.

2001, c. 15, s. 123.

124. Penal proceedings for an offence under this Act may be instituted by a municipal or supramunicipal authority, where the offence is committed in its territory.

However, no proceedings may be instituted by a municipality whose territory is included in the territory of a supramunicipal authority which exercises that power.

2001, c. 15, s. 124.

125. If proceedings are instituted by a municipal or supramunicipal authority, the fine collected belongs wholly to the prosecuting party. The municipal or supramunicipal authority shall, every year, make a report of convictions to the Director of Criminal and Penal Prosecutions.

2001, c. 15, s. 125; 2005, c. 34, s. 85.

126. Where the territory of a municipal or supramunicipal authority is subject, in whole or in part, to the jurisdiction of a municipal court, proceedings may be instituted before the municipal court.

2001, c. 15, s. 126.

127. An authority referred to in section 13 is deemed to have sufficient interest to apply for an injunction, in accordance with articles 509 to 515 of the Code of Civil Procedure (chapter C-25.01), against a person found guilty, more than twice within a period of 24 months, of an offence under paragraphs 1 and 2 of section 117.

An injunction under this section may be accompanied with the awarding of punitive damages.

2001, c. 15, s. 127; I.N. 2016-01-01 (NCCP).

CHAPTER XIII.1 GENERAL PROVISION

2016, c. 22, s. 42.

127.1. The Commission shall pay the additional annual duties referred to in subparagraph 2.2 of the first paragraph of section 88 into the Land Transportation Network Fund established under paragraph 1 of section 12.30 of the Act respecting the Ministère des Transports (chapter M‑28).

2016, c. 22, s. 42.

CHAPTER XIV AMENDING AND TRANSITIONAL PROVISIONS

128. (Amendment integrated into c. C-24.2, s. 21).

2001, c. 15, s. 128.

129. (Amendment integrated into c. C-24.2, s. 121).

2001, c. 15, s. 129.

130. (Amendment integrated into c. C-24.2, s. 183).

2001, c. 15, s. 130.

131. (Amendment integrated into c. C-24.2, s. 184).

2001, c. 15, s. 131.

132. (Amendment integrated into c. C-24.2, s. 189).

2001, c. 15, s. 132.

133. (Amendment integrated into c. C-24.2, s. 519.65).

2001, c. 15, s. 133.

134. (Amendment integrated into c. T-12, s. 36).

2001, c. 15, s. 134.

135. (Repealed).

2001, c. 15, s. 135; 2002, c. 45, s. 699; 2009, c. 17, s. 18.

136. (Repealed).

2001, c. 15, s. 136; 2009, c. 17, s. 18.

137. The legal persons recognized by the Commission as taxi leagues and listed in the schedule to this Act are hereby dissolved.

The legal personality of a dissolved legal person subsists for the purposes of the liquidation. Accordingly, a liquidator designated under section 138 has all the necessary powers to perform, on behalf of the dissolved legal person, all acts of administration the liquidator considers expedient until the closing of the liquidation.

Each member of the board of directors of a legal person referred to in the first paragraph is presumed to be personally liable for the acts, commitments and disbursements of the legal person under the member’s administration done or made on or after 15 November 2000 if the act, commitment or disbursement is not part of the ordinary course of the legal person’s business and was done or made with the member’s consent.

Sections 49 to 59 of the Act respecting transportation by taxi (chapter T-11.1) shall be repealed on 21 June 2001.

2001, c. 15, s. 137.

138. The Minister shall designate a liquidator for each of the legal persons referred to in section 137. The liquidator shall

(1)  have the seizin of the property, effects and assets of the dissolved person and make an inventory thereof;

(2)  act as an administrator of the property of others entrusted with full administration;

(3)  send to the enterprise registrar notice of the dissolution of the legal person for entry in the enterprise register together with a notice of his or her appointment;

(4)  be entitled to require from a person who was, on 15 November 2000, a director or member of the dissolved legal person any document and any explanation concerning the property, effects, assets, rights and obligations of the legal person;

(5)  pay the debts and settle the other obligations of the dissolved legal person as regards third persons in good faith;

(6)  apportion the assets among the members of the dissolved legal person, in equal shares, except in the case of property deriving from contributions paid by third persons, which the liquidator must remit to the Association professionnelle des chauffeurs de taxi du Québec established under section 35;

(7)  file with the Minister a detailed report concerning the execution of the mandate; and

(8)  advise to the enterprise registrar of the deposit with the Minister of the liquidator’s detailed report and require that the registration of the dissolved legal person be revoked by the enterprise registrar; the date of the revocation shall, in the case of every dissolved legal person, be deemed to be the date of the closing of the liquidation.

2001, c. 15, s. 138; 2002, c. 45, s. 700; 2010, c. 40, s. 92.

139. Every regulation enacted under the Act respecting transportation by taxi (chapter T‐11.1) shall remain in force until the regulation is replaced or repealed by a regulation made under this Act. Any contravention of a provision of such a regulation is punishable as provided in section 115.

Every regulation enacted by a regional authority under the Act respecting transportation by taxi shall remain in force until the regulation is replaced or repealed by a regulation made under this Act. Any contravention of a provision of such a regulation is punishable as provided in section 115.

2001, c. 15, s. 139.

140. Matters related to transportation by taxi that are pending before the Commission des transports du Québec on 30 June 2002 under the Act respecting transportation by taxi (chapter T‐11.1) shall be continued and decided before the Commission in accordance with this Act.

2001, c. 15, s. 140.

141. The first regulation enacted under this Act is not subject to the publication requirements provided for in section 8 of the Regulations Act (chapter R‐18.1).

2001, c. 15, s. 141.

142. Every person who, on 30 June 2002, was the holder of a “de grand luxe” limousine permit issued under sections 94.0.1 to 94.0.6 of the Act respecting transportation by taxi (chapter T-11.1) may, subject to the second paragraph, continue to exercise the privilege of transporting passengers for remuneration in a “de grand luxe” limousine throughout Québec without holding a permit. The person is presumed to be operating under a taxi owner’s permit to provide specialized services subject to the rules governing such permits. The person may only retain the services of a holder of a taxi driver’s permit to drive his or her “de grand luxe” limousine.

The person is required to pay an annual duties of $5,000 to the Commission to maintain his or her privilege, which can neither be assigned nor transferred. If the person’s establishment or the place where the “de grand luxe” limousine is kept for storage or maintenance is located on the island of Montréal, the annual duties must be paid to Ville de Montréal.

2001, c. 15, s. 142; 2002, c. 49, s. 17; 2012, c. 21, s. 21.

143. The Commission shall issue a taxi owner’s permit restricted to the provision of “de grand luxe” limousine services to a person who

(1)  proves to the Commission that he or she has paid annual duties totalling at least $50,000 to obtain and renew a permit referred to in sections 94.0.1 to 94.0.6 of the Act respecting transportation by taxi (chapter T-11.1) or to maintain the privilege referred to in section 142; or

(2)  pays to the Commission the sum representing the difference between $50,000 and the amount paid to obtain and renew the permit referred to in those same sections of the Act respecting transportation by taxi or to maintain the privilege referred to in section 142.

The Commission must take any duty paid to Ville de Montréal into account for the purposes of this section and pay to that authority the difference referred to in subparagraph 2 if the person’s establishment or the place where the “de grand luxe” limousine is kept for storage or maintenance was located on the island of Montréal on 15 November 2000.

2001, c. 15, s. 143; 2012, c. 21, s. 21.

144. A taxi owner’s permit issued under section 143 is deemed to have been issued for the first time before 15 November 2000.

Notwithstanding section 12, such a permit allows the provision of the specialized services it authorizes throughout Québec and may not be the subject of an application seeking the Commission’s authorization to abandon the “de grand luxe” limousine specialization.

2001, c. 15, s. 144.

145. (Omitted).

2001, c. 15, s. 145.

146. Every limousine and “de grand luxe” limousine permit issued to replace a former permit or a right recognized by the Commission under section 86 or 90.1 of the Act respecting transportation by taxi (chapter T‐11.1) is hereby cancelled. The following number of taxi owner’s permits together with the related territories are issued to the following persons to replace former limousine permits:

(1)  Limousine Montréal inc., 10 taxi owner’s permits to provide specialized services for the transportation of passengers by limousine or “de grand luxe” limousine within the meaning of this Act and authorized to serve the territory of the supramunicipal authority whose territory includes the territory of Ville de Montréal;

(2)  Limousines Mont-Royal (1998) inc., 35 taxi owner’s permits to provide specialized services for the transportation of passengers by limousine or “de grand luxe” limousine within the meaning of this Act and authorized to serve the territory of the supramunicipal authority whose territory includes the territory of Ville de Montréal;

(3)  A. AIR LIGNE LIMO TAXI inc., 1 taxi owner’s permit to provide specialized services for the transportation of passengers by limousine or “de grand luxe” limousine within the meaning of this Act and authorized to serve the territory of the supramunicipal authority whose territory includes the territory of Ville de Montréal; and

(4)  Groupe limousine A-1 inc., 2 taxi owner’s permits to provide specialized services for the transportation of passengers by limousine or “de grand luxe” limousine within the meaning of this Act and authorized to serve the territory of the supramunicipal authority whose territory includes the territory of Ville de Québec.

Notwithstanding section 11, the permits are deemed to have been issued once before 15 November 2000.

No permit issued under this section may authorize both specialized transportation services by limousine and specialized transportation services by “de grand luxe” limousine. Consequently, the persons referred to in the first paragraph are required to indicate to the Commission which of their taxi owner’s permits are to be registered as authorizing specialized services by limousine or by “de grand luxe” limousine to be offered.

The Commission may impose a charge for the purposes of this section.

2001, c. 15, s. 146.

147. A taxi owner’s permit issued as a replacement of a permit referred to in the first paragraph of section 146 may not be assigned or transferred or be the subject of any acquisition of interest before 20 June 2005 unless a person to whom that section applies assigns or transfers all the permits he or she has so obtained. The same applies to any subsequent acquirer, until the same date.

2001, c. 15, s. 147.

148. No collective agreement between a public body providing transport and its employees may restrict the power of the body to contract to provide special transportation services by taxi for handicapped persons or to organize shared transportation by taxi.

However, no regular employee governed by a collective agreement which includes such a restriction to the power to contract of a public body providing transport services may be dismissed or laid off by that body owing to a contract entered into regarding the organization of shared transportation by taxi except in the case of a special transportation service by taxi for handicapped persons.

Any dispute relating to the application or interpretation of the second paragraph may be submitted to grievance arbitration in accordance with the Labour Code (chapter C‐27) as if it were a grievance.

2001, c. 15, s. 148.

149. The Minister shall, on or before 20 June 2005, make a report to the Government on the implementation of this Act and the advisability of maintaining it in force and, if necessary, of amending it.

The report shall be tabled in the National Assembly within the following 15 days or, if the Assembly is not in session, within 15 days of resumption.

2001, c. 15, s. 149.

150. (Omitted).

2001, c. 15, s. 150.

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

2001, c. 15, s. 151.

152. (Omitted).

2001, c. 15, s. 152.

SCHEDULE

Name of the legal person       Head Office
 
La Ligue de taxis de           1100 Du Perche street 
Boucherville Inc.              Boucherville
                               Québec J4B 6K4
							   
La Ligue de taxis de           72 St-Sylvestre street, Suite 203  
Longueuil Inc.                 Longueuil
                               Québec J4H 2W2
							   
La Ligue de taxis de           7 Papineau street, Suite 101        
Candiac-Laprairie Inc.         Candiac
                               Québec J5R 5S8
 
La Ligue de taxis de           106 Léopold street 
Cowansville Inc.               Cowansville 
                               Québec J2K 1Y5

La Ligue de taxis de l’Est     6520 Beaubien Est street
de Montréal Inc.               Suite 101-A
                               Montréal 
                               Québec H1M 1A9

La Ligue de taxis de           673 Manseau blvd
Joliette Inc.                  Joliette 
                               Québec J6E 3E7

La Ligue de taxis de           387 Bank street, P.B. 151 
Lachute Inc.                   Brownsburg-Chatham
                               Québec J0V 1A0
							   
La Ligue de taxis de           4405 St-Martin Ouest blvd
Laval Inc.                     Laval
                               Québec H7T 1C5

La Ligue de taxis de           394 St-Jérôme
Matane Inc.                    Matane
                               Québec G4W 3B5
							   
La Ligue de taxis de           20 de la Gare street 
Mont-Joli Inc.                 Mont-Joli 
                               Québec G5H 1N7

La Ligue de taxis de           7373 Lajeunesse street
Montréal Inc.                  Montréal
                               Québec H2R 2H7
							   
La Ligne de taxis de L’Ouest   11475 Côte de Liesse, Suite 208
de Montréal Inc.               Dorval 
                               Québec H9P 1B3

La Ligue de taxis de           29 St-Joseph 
Rivière-du-Loup Inc.           Rivière-du-Loup
                               Québec G5R 1E9
							   
La Ligue des propriétaires     45 St-Laurent street
de taxi de St-Eustache Inc.    Saint-Eustache 
                               Québec J7P 1V9

La Ligue de taxis de           227 St-Georges, Suite 103
St-Jérôme Inc.                 Saint-Jérôme
                               Québec J7Z 5A1
							   
La Ligue de taxis de           50 Adélaïde street 
Sorel Inc.                     Sorel-Tracy
                               Québec J3P 1W4
							   
La Ligue de taxis de           466 des Seigneurs blvd, Suite 101
Terrebonne Inc.                Terrebonne
                               Québec J6W 1T3
							   
La Ligue de taxis de           92 Chemin des Bois-Francs Sud 
Thetford Mines Inc.            Thetford Mines 
                               Québec G6G 7W5
							   
La Ligue de taxis de           122 St-Jean-Baptiste street, P.B. 472 
Victoriaville Inc.             Victoriaville 
                               Québec G6P 6P3
							   
La Ligue de taxis de           480 Desmeules Nord 
l’agglomération d’Alma Inc.    Alma 
                               Québec G8B 5R7
							   
La Ligue de taxis de           181 LaSalle blvd
Baie-Comeau Inc.               Baie-Comeau 
                               Québec G4Z 1S7
							   
La Ligue de taxis              8 Tremblay street
Beauharnois Inc.               Châteauguay 
                               Québec J6J 3N4
							   
La Ligue de taxis de           885 des Prés street 
Beloeil Inc.                   Beloeil 
                               Québec J3G 5C7
							   
La Ligue de taxis de           22 Frontenac street 
St-Bruno Inc.                  Saint-Bruno-de-Montarville
                               Québec J3V 1B4

La Ligue de taxis de           111 58e Rue Est
Charlesbourg-Orsainville Inc.  Charlesbourg
                               Québec G1H 2E7

La Ligue de taxis de           142 Industriel 
Châteauguay Inc.               Châteauguay
                               Québec J6J 4Z2
							   
La Ligue de taxis de           1111 du Port avenue 
La Baie Inc.                   La Baie
                               Québec G7B 1W2
							   
La Ligue de taxis de           1551 Walberg blvd 
Dolbeau Mistassini Inc.        Dolbeau-Mistassini
                               Québec G8L 1H4
							   
La Ligue de taxis de           55 Bellevue street
Drummondville Inc.             Drummondville
                               Québec J2B 6V1
							   
La Ligue de taxis de l’Est     2659 d’Estimauville 
du Québec Inc.                 Beauport 
                               Québec G1E 3R6
							   
La Ligue de taxis de           105 L’Écuyer street  
l’agglomération de             Repentigny 
Repentigny Inc.                Québec J6A 8C5

La Ligue de taxis de           12 Centre street 
Granby Inc.                    Granby 
                               Québec J2G 5B3
							   
La Ligue de taxis de           165 Jean-Proulx street 
Hull Inc.                      Hull
                               Québec J8Z 1T4
							   
La Ligue de taxis de           41 St-Joseph street
Lévis Inc.                     Lévis
                               Québec G6V 1A8

La Ligue de taxis de           210 5e Rue 
Québec Inc.                    Québec
                               Québec G1L 2R6
							   
La Ligue de taxis de           55 de l’Évêché Est street
Rimouski Inc.                  Rimouski
                               Québec G5L 1X7
							   
La Ligue de taxis de           2631 blvd. du Versant-Nord
l’agglomération de Ste-Foy     Sainte-Foy 
Sillery Inc.                   Québec G1V 1A3

La Ligue de taxis de           1305 Calixa-Lavallée street 
St-Hyacinthe Inc.              Saint-Hyacinthe
                               Québec J2S 3E7
							   
La Ligue de taxis de           1604 La Vérendrye 
l’agglomération de             Trois-Rivières 
Trois-Rivières 1983 Inc.       Québec G8Z 2C9

La Ligue de taxis de           3 Viau street
St-Jean-sur-Richelieu          Saint-Luc
A-41 Inc.                      Québec J2W 1N5

La Ligue de taxis de           762 5e Rue 
Shawinigan Inc.                Shawinigan
                               Québec G9N 1E9
							   
La Ligue de taxis de           426 King Est
Sherbrooke Inc.                Sherbrooke
                               Québec J1G 1B5
							   
La Ligue de taxis de           171 Alexandre street
Valleyfield Inc.               Salaberry-de-Valleyfield
                               Québec J6S 3J1
							   
La Ligue de taxis              122 10e Avenue Ouest
d’Amos Inc.                    Amos
                               Québec J9T 1W8
							   
La Ligue de taxis de           518 2e Rue, P.B. 98 
Chibougamau Inc.               Chibougamau
                               Québec G8P 2K5
							   
La Ligue de taxis de           6 Galinée, P.B. 1202
Matagami Inc.                  Matagami
                               Québec J0Y 2A0
							            
La Ligue de taxis de           18 Tessier Ouest street 
Rouyn-Noranda Inc.             Rouyn-Noranda
                               Québec J9X 2S4
							   
La Ligue de taxis de           961 3ième Avenue 
Val d’Or Inc.                  Val-d’Or
                               Québec J9P 1T4
							   
La Ligue de taxis de           530 St-Louis street
La Tuque Inc.                  La Tuque
                               Québec G9X 2X4
							   
La Ligue de taxis de           2475 St-Dominique street
l’Ouest du Saguenay Inc.       Jonquière
                               Québec G7X 2L9

La Ligue de taxis du           640 Bégin, P.B. 922
Saguenay Inc.                  Chicoutimi
                               Québec G7H 5E8
							   
La Ligue de taxis de           462 Brochu ave 
Sept-Îles Inc.                 Sept-Îles
                               Québec G4R 2W8
							   
La Ligue de taxis de           10 Lavigne street
Ste-Thérèse Inc.               Boisbriand
                               Québec J7G 1P3
							   
La Ligue de taxis de           24 Smith 
Gatineau Inc.                  Gatineau
                               Québec J8T 2Z8
							   
La Ligue de taxis de           494 Arthur-Foucher
Le Gardeur Inc.                Le Gardeur
                               Québec J5Z 4E9
							   
La Ligue de taxis A-57 Inc.    108 Renaud street
                               Notre-Dame-de-L’Île-Perrot
                               Québec J7V 5X5      

2001, c. 15, schedule.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 15 of the statutes of 2001, in force on 1 April 2002, is repealed, except section 152, effective from the coming into force of chapter S-6.01 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 34, 48 to 71, 79 to 134 and 139 to 151 of chapter 15 of the statutes of 2001, in force on 1 April 2003, are repealed effective from the coming into force of the updating to 1 April 2003 of chapter S-6.01 of the Revised Statutes.