T-11.2 - Act respecting remunerated passenger transportation by automobile

Section 28 Disposition versions

2020-10-10

28. A transportation system is authorized by the Commission when the legal person who wishes to be its operator files an admissible authorization application with the Commission and the following conditions are met:

(1)  the applicant demonstrates to the Commission that, taking into consideration the size of the proposed system, the applicant will be capable of performing the obligations that will be incumbent on it as operator, in particular as regards

(a)  adequate human and material resources to be devoted to monitoring the activities of the proposed system, the registered drivers and automobiles, the owners of registered automobiles and the dispatcher or keeper of the register whose services the applicant will retain, where applicable, and

(b)  the measures the applicant intends to take to prevent and repress any failure to comply with the provisions applicable to those activities, persons, automobiles and service suppliers;

(2)  the applicant’s directors and officers or any other person that may be determined by government regulation meet the following conditions:

(a)  they have the knowledge or experience relevant to the competent performance of the obligations that will be incumbent on the applicant as system operator, and

(b)  they have no judicial record related to the aptitudes required and appropriate conduct for participating in the operation of a transportation system;

(3)  no authorization granted under this Act by the Société or the Commission for an automobile belonging to the applicant or for a transportation system of which the applicant was the operator is suspended at the time the authorization application is filed or was cancelled except at the applicant’s request in the five years preceding that time; and

(4)  the applicant has not failed to pay a sum payable under this Act.

For the purposes of subparagraph 2 of the first paragraph, “officer” means the applicant’s president, chief executive officer, chief operating officer, chief financial officer and secretary or any person holding a similar position, as well as any person designated as an officer by a resolution of the applicant’s board of directors.

2019, c. 18, s. 28.

Not in force

In force: 2020-10-10

28. A transportation system is authorized by the Commission when the legal person who wishes to be its operator files an admissible authorization application with the Commission and the following conditions are met:

(1)  the applicant demonstrates to the Commission that, taking into consideration the size of the proposed system, the applicant will be capable of performing the obligations that will be incumbent on it as operator, in particular as regards

(a)  adequate human and material resources to be devoted to monitoring the activities of the proposed system, the registered drivers and automobiles, the owners of registered automobiles and the dispatcher or keeper of the register whose services the applicant will retain, where applicable, and

(b)  the measures the applicant intends to take to prevent and repress any failure to comply with the provisions applicable to those activities, persons, automobiles and service suppliers;

(2)  the applicant’s directors and officers or any other person that may be determined by government regulation meet the following conditions:

(a)  they have the knowledge or experience relevant to the competent performance of the obligations that will be incumbent on the applicant as system operator, and

(b)  they have no judicial record related to the aptitudes required and appropriate conduct for participating in the operation of a transportation system;

(3)  no authorization granted under this Act by the Société or the Commission for an automobile belonging to the applicant or for a transportation system of which the applicant was the operator is suspended at the time the authorization application is filed or was cancelled except at the applicant’s request in the five years preceding that time; and

(4)  the applicant has not failed to pay a sum payable under this Act.

For the purposes of subparagraph 2 of the first paragraph, “officer” means the applicant’s president, chief executive officer, chief operating officer, chief financial officer and secretary or any person holding a similar position, as well as any person designated as an officer by a resolution of the applicant’s board of directors.

2019, c. 18, s. 28.