T-12 - Transport Act

Section 47.13 Disposition versions

2012-04-01

47.13. The Commission may, on its own initiative or at the request of a brokerage permit holder, a recognized regional association or an interested person, remove from the register

(1)  an operator who does not satisfy the requirements of section 47.12;

(2)  an operator referred to in section 47.11 who is a legal person more than 50% of the voting rights attached to the shares of which are held directly or indirectly by a person whose principal establishment is in Québec or in respect of which a majority of the directors can be elected by the latter person or, in the case of a natural person, who is associated with a person whose principal establishment is in Québec;

(3)  an operator that has been assigned an “unsatisfactory” safety rating under the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3);

(4)  an operator whose acts or omissions led to his expulsion from the brokerage service;

(5)  an operator who 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;

(6)  an operator who 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;

(7)  an operator who is an officer of a brokerage permit holder that 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, and who prescribed, authorized, consented to, acquiesced in or participated in the act or omission contravening the agreement or the decision.

The Commission may, on its own initiative or on request, take any other measure it deems appropriate or reasonable in respect of an operator for the purposes of this subdivision.

Before removing an operator from the register or taking any other measure in respect of the operator, the Commission shall notify him in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and give the operator at least 10 days to present observations.

The Commission may grant time to enable the operator to remedy the situation, where the reason for the failure that would entail his removal from the register or the imposition of any other measure is a reason determined by regulation.

1999, c. 82, s. 13; 2005, c. 39, s. 51; 2011, c. 9, s. 8, s. 28; 2011, c. 9, s. 8.

2011-06-13

47.13. The Commission may, on its own initiative or at the request of a brokerage permit holder, a recognized regional association or an interested person, remove from the register

(1)  an operator who does not satisfy the requirements of section 47.12;

(2)  an operator referred to in section 47.11 who is a legal person more than 50% of the voting rights attached to the shares of which are held directly or indirectly by a person whose principal establishment is in Québec or in respect of which a majority of the directors can be elected by the latter person or, in the case of a natural person, who is associated with a person whose principal establishment is in Québec;

(3)  an operator that has been assigned an “unsatisfactory” safety rating under the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3);

(4)  an operator whose acts or omissions led to his expulsion from the brokerage service;

(5)  an operator who 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;

(6)  an operator who fails to comply with an enforceable decision of the Commission;

(7)  an operator who is an officer of a brokerage permit holder that fails to comply with an enforceable decision of the Commission, and who prescribed, authorized, consented to, acquiesced in or participated in the act or omission contravening the decision.

The Commission may, on its own initiative or on request, take any other measure it deems appropriate or reasonable in respect of an operator for the purposes of this subdivision.

Before removing an operator from the register or taking any other measure in respect of the operator, the Commission shall notify him in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and give the operator at least 10 days to present observations.

The Commission may grant time to enable the operator to remedy the situation, where the reason for the failure that would entail his removal from the register or the imposition of any other measure is a reason determined by regulation.

1999, c. 82, s. 13; 2005, c. 39, s. 51; 2011, c. 9, s. 8, s. 28.

2006-01-01

47.13. The Commission may, on its own initiative or at the request of a brokerage permit holder, a recognized regional association or an interested person, remove from the register

(1)  an operator who does not satisfy the requirements of section 47.12;

(2)  an operator referred to in section 47.11 who is a legal person more than 50% of the voting rights attached to the shares of which are held directly or indirectly by a person whose principal establishment is in Québec or in respect of which a majority of the directors can be elected by the latter person or, in the case of a natural person, who is associated with a person whose principal establishment is in Québec;

(3)  an operator that has been assigned an “unsatisfactory” safety rating under the Act respecting owners, operators and drivers of heavy vehicles (chapter P‐30.3);

(4)  an operator whose acts or omissions led to his expulsion from the brokerage service.

Before removing an operator from the register, the Commission shall notify him in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and give the operator at least 10 days to present observations.

The Commission may grant time to enable the operator to remedy the situation, where the reason for the failure that would entail his removal from the register is a reason determined by regulation.

1999, c. 82, s. 13; 2005, c. 39, s. 51.

2000-01-01

47.13. The Commission may, on its own initiative or at the request of a brokerage permit holder, a recognized regional association or an interested person, remove from the register

(1)  an operator who does not satisfy the requirements of section 47.12;

(2)  an operator referred to in section 47.11 who is a legal person more than 50 % of the voting rights attached to the shares of which are held directly or indirectly by a person whose principal establishment is in Québec or in respect of which a majority of the directors can be elected by the latter person or, in the case of a natural person, who is associated with a person whose principal establishment is in Québec;

(3)  an operator who has been declared totally disqualified under the Act respecting owners and operators of heavy vehicles;

(4)  an operator whose acts or omissions led to his expulsion from the brokerage service.

Before removing an operator from the register, the Commission shall notify him in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and give the operator at least 10 days to present observations.

The Commission may grant time to enable the operator to remedy the situation, where the reason for the failure that would entail his removal from the register is a reason determined by regulation.

1999, c. 82, s. 13.