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T-12 - Transport Act

Section 40
Disposition versions

Full text
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(c.1)  fails to comply with a mediation agreement or the decision of an arbitrator, which are enforceable as decisions of the Commission, or with an enforceable decision of the Commission;
(d)  (subparagraph repealed);
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the company, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity;
(f)  uses intimidation, threats or reprisals, or causes them to be used, in order to compel an operator or a brokerage permit holder to refrain from or cease exercising a right arising from this Act or a regulation.
In the cases referred to in the first paragraph, the Commission may further order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
The Commission may, in its own right or on the request of the Minister or of an interested person, take any other measure it deems appropriate or reasonable in respect of a carrier for the purposes of this subdivision.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6; 1990, c. 19, s. 11; 1991, c. 59, s. 6; 1999, c. 40, s. 322; 1999, c. 82, s. 8; 2011, c. 9, s. 5, s. 28; 2011, c. 9, s. 5.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(c.1)  fails to comply with an enforceable decision of the Commission;
(d)  (subparagraph repealed);
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the company, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity;
(f)  uses intimidation, threats or reprisals, or causes them to be used, in order to compel an operator or a brokerage permit holder to refrain from or cease exercising a right arising from this Act or a regulation.
In the cases referred to in the first paragraph, the Commission may further order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
The Commission may, in its own right or on the request of the Minister or of an interested person, take any other measure it deems appropriate or reasonable in respect of a carrier for the purposes of this subdivision.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6; 1990, c. 19, s. 11; 1991, c. 59, s. 6; 1999, c. 40, s. 322; 1999, c. 82, s. 8; 2011, c. 9, s. 5, s. 28.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(d)  (subparagraph repealed);
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the company, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity.
In the cases referred to in the first paragraph, the Commission may further order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6; 1990, c. 19, s. 11; 1991, c. 59, s. 6; 1999, c. 40, s. 322; 1999, c. 82, s. 8.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(d)  has not paid the transport brokerage fees that are chargeable to him or the contribution prescribed by section 48.6;
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the company, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity.
In the cases referred to in the first paragraph, the Commission may further order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6; 1990, c. 19, s. 11; 1991, c. 59, s. 6; 1999, c. 40, s. 322.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(d)  has not paid the transport brokerage fees that are chargeable to him or the contribution prescribed by section 48.6;
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the corporation, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity.
In the cases referred to in the first paragraph, the Commission may further order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6; 1990, c. 19, s. 11; 1991, c. 59, s. 6.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(d)  has not paid the transport brokerage fees that are chargeable to him; or
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the corporation, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity.
In the cases referred to in the first paragraph, the Commission may further order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Société de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6; 1990, c. 19, s. 11.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission;
(c)  does not provide service up to the standard the public is entitled to expect, all things considered;
(d)  has not paid the transport brokerage fees that are chargeable to him; or
(e)  holds a brokerage permit and has a direct or indirect interest in an enterprise that might place his personal interest in conflict with that of the corporation, carries on an activity that might place him in a situation of conflict of interest or, without the prior authorization of the Commission, maintains in office a brokerage director who has such an interest or carries on such an activity.
In the cases referred to in the first paragraph, the Commission may further order the Régie de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Régie de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13; 1988, c. 67, s. 6.
40. The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the permit of a carrier if he
(a)  has been found guilty of an offence against this Act, the regulations or an order or if he has been found guilty of an indictable offence related to the operation of his means of transport or transport system;
(b)  discontinues, limits or extends the services he is authorized to provide under his permit without prior authorization from the Commission; or
(c)  does not provide service up to the standard the public is entitled to expect, all things considered.
In the cases referred to in the first paragraph, the Commission may further order the Régie de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by the holder of a permit contrary to this Act, a regulation or an order.
The Commission may, in its own right or at the request of the Minister or any interested person, order the Régie de l’assurance automobile du Québec to withdraw the registration plate and registration certificate from any vehicle used by a person not holding a permit, where the vehicle has been used contrary to this Act, a regulation or an order.
1972, c. 55, s. 35; 1975, c. 45, s. 17; 1981, c. 8, s. 13.
40. (1)  The Commission may, in its own right or at the request of the Minister or any interested person, change, suspend or revoke the whole or part of the permit of a carrier who has been found guilty of an offence against this act or the regulations or who has been found guilty of an indictable offence connected with the operation of his means of transport or transport system.
(2)  The Commission shall not exercise the power provided in subsection 1 unless the contravener has been summoned to appear before it, has appeared and has failed to show cause wherefor his permit should be maintained, or has failed to appear.
(3)  When the Commission summons a carrier to appear by virtue of this section, it must cause a summons to be served on him ordering him to appear before it to show cause wherefor his permit should be maintained.
(4)  Sections 16, 17 and 18 of the Summary Convictions Act (chapter P-15) apply mutatismutandis to every summons provided for in this section.
1972, c. 55, s. 35; 1975, c. 45, s. 17.
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